lake george park commission project synopsis …...jan 19, 2021  · tm# 226.05-1-25 town of lake...

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LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS Meeting Date 01/26/2021 Applicant Kevin Tonn Facility CARRAIGE HILL LAKE CLUB Parcel 226.05-1-25 Application # DWM20-000091 Association Lakefront 420 Location DIAMOND POINT Date Received 12/22/2020 SEQR Type 1 - Type II Action, no further review under SEQR Comment Period Ends 01/20/2021 Project Extend moorings 15' further out in to the Lake in accordance with plans attached. Background Carriage Hill is a shared lakefront facility that operates as an association with 18 slips inclusive of 3 on moorings. The facility has been authorized for 3 moorings dating back to the 1980's. The applicant seeks to move the authorized moorings 15' further offshore. Allowing the moored vessels to maintain a full 360 degree swing would result in the vessels extending more than 100' offshore. This requires a variance from Commission regulations at 646-1.1(c)12. Of note, the moorings may need to be located further offshore than originally estimated by the applicant. The application and previous permits estimate that the full swing radius of a 26' vessel on a mooring will be 28' including the vessel. Taking vertical rope length and water depth into account, as provided by the applicant, the swing radius is now estimated at roughly 35'. To achieve the desired separation of the mooring field to the dock complex, it may be necessary to relocate moorings to roughly 99' offshore rather than the 90' initially proposed by the applicant. The applicant has expressed that he is amenable to this reassessment. Regulatory Determinations SEQRA The application represents a Type II action and no further review is required under SEQRA. VARIANCE The Commission must determine if the documentation presented is sufficient to prove unnecessary hardship as set forth in Section 645-8.3 Standard: (a) No variance shall be granted under this Subpart unless the applicant shall establish by substantial, credible evidence unnecessary hardship. (b) In order to establish unnecessary hardship, an applicant must demonstrate: (1) unique and peculiar conditions to the applicant's particular situation which impose a substantial technological, financial or safety burden upon the applicant or the public; (2) that because of such uniqueness, there is no reasonable possibility that the applicant's property or, if no property is involved, the continuation of the application's business, enterprise, use or activity will bring a reasonable return following conformity with the regulations of the Commission; (3) that the proposed activity will have no adverse impact on the public health, safety or welfare, the environment or the resources of the Park; and (4) that the granting of a variance will not alter the essential character of the area in which the proposed use or activity is located, and will not lead to congestion in the Park. FINDINGS FOR MARINAS, DOCKS, MOORINGS APPLS The Commission must make findings under provision 6NYCRR 646-1.6(a):

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Page 1: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

LAKE GEORGE PARK COMMISSIONPROJECT SYNOPSIS

Meeting Date 01/26/2021

ApplicantKevin Tonn

FacilityCARRAIGE HILL LAKE CLUB

Parcel226.05-1-25

Application #DWM20-000091 Association

Lakefront420

LocationDIAMOND POINT

Date Received12/22/2020

SEQR Type1 - Type II Action, no further review under SEQR

Comment Period Ends01/20/2021

ProjectExtend moorings 15' further out in to the Lake in accordance with plans attached.

BackgroundCarriage Hill is a shared lakefront facility that operates as an association with 18 slips inclusive of 3 on moorings. The facility has been authorized for 3 moorings dating back to the 1980's. The applicant seeks to move the authorized moorings 15' further offshore. Allowing the moored vessels to maintain a full 360 degree swing would result in the vessels extending more than 100' offshore. This requires a variance from Commission regulations at 646-1.1(c)12.

Of note, the moorings may need to be located further offshore than originally estimated by the applicant. The application and previous permits estimate that the full swing radius of a 26' vessel on a mooring will be 28' including the vessel. Taking vertical rope length and water depth into account, as provided by the applicant, the swing radius is now estimated at roughly 35'. To achieve the desired separation of the mooring field to the dock complex, it may be necessary to relocate moorings to roughly 99' offshore rather than the 90' initially proposed by the applicant. The applicant has expressed that he is amenable to this reassessment. Regulatory DeterminationsSEQRAThe application represents a Type II action and no further review is required under SEQRA.

VARIANCEThe Commission must determine if the documentation presented is sufficient to prove unnecessary hardship as set forth in Section 645-8.3 Standard:(a) No variance shall be granted under this Subpart unless the applicant shall establish by substantial, credible evidence unnecessary hardship.(b) In order to establish unnecessary hardship, an applicant must demonstrate: (1) unique and peculiar conditions to the applicant's particular situation which impose a substantial technological, financial or safety burden upon the applicant or the public;  (2) that because of such uniqueness, there is no reasonable possibility that the applicant's property or, if no property is involved, the continuation of the application's business, enterprise, use or activity will bring a reasonable return following conformity with the regulations of the Commission; (3) that the proposed activity will have no adverse impact on the public health, safety or welfare, the environment or the resources of the Park; and (4) that the granting of a variance will not alter the essential character of the area in which the proposed use or activity is located, and will not lead to congestion in the Park.

FINDINGS FOR MARINAS, DOCKS, MOORINGS APPLSThe Commission must make findings under provision 6NYCRR 646-1.6(a):

Page 2: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

"Prior to granting any permit relative to a dock, wharf, mooring or marina, the Commission shall ascertain the probable effect of the proposed facility and the operation thereof on the health, safety and welfare of the public and on the resources of the Park. The Commission shall also ascertain the impact of the proposed facility upon the congestion of Lake George and the probable visual, cultural and audible effects of the proposed facility on the neighborhood in which the facility is proposed and on the Park. Where the Commission determines that the facility will have an undue impact upon the health, safety, or welfare of the public or the resources of the park, lead to overcrowding or congestion, or cause undue visual, cultural or audible impacts on the neighborhood or the Park, a permit shall be denied."

Page 3: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Joe
Text Box
Existing Permit
Page 4: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 5: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 6: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 7: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 8: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 9: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 10: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 11: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant
Page 12: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 50 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 12060Feet Carriage Hill

TM# 226.05-1-25Town of Lake George

LegendCarriageHill_100ft_Buffer_to_MHWM

Joe
Text Box
Proposed Moorings Presented by Applicant
Joe
Callout
Proposed Moorings in Dark Black, Overlay on Existing Site Plan
Page 13: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

Mooring Scope Based on Water Depth and Chain Length

Permanent Mooring Chain Design:

The primary (ground) chain lies on the bottom. Its length should be 1 1/2 times maximum water depth.

The secondary (riding) chain, is...equal in length to maximum water depth

Source: https://www.westmarine.com/WestAdvisor/Constructing‐a‐Permanent‐Mooring 

Approximate Max Radius Calculated using Pythagorean Theorem

a = Water Depth

b = Max Scope, Radius of Chain Swing

c =  Total Chain Length

Solve For "b"

Carriage Hill Mooring Data from Applicant

Water Depth (ft) 8.0

Resulting Values:

Total Chain Length (ft)  12.0 (Depth x 1.5)

Radius of Chain Swing (ft) 8.9

Boat Length 26

Total Radius, Chain + Boat 34.9

Diameter, Chain + Boat 69.88854382

Joe
Callout
Staff Estimated Radius baaed on water depth, chain length, and boat length
Page 14: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 30 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 7035Feet Carriage Hill

TM# 226.05-1-25Town of Lake George

Joe
Text Box
Red Circles Depict Estimated Swing of Moorings at Proposed Locations
Page 15: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 50 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 12060Feet Carriage Hill

TM# 226.05-1-25Town of Lake George

Page 16: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 50 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 12060Feet Carriage Hill

TM# 226.05-1-25Town of Lake George

LegendCarriageHill_100ft_Buffer_to_MHWM

Joe
Text Box
Red Circles Depict Updated Mooring Locations with Estimated Swing and Desired Separation from Docks
Page 17: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

NYS ITS GIS Program Office, Westchester County GIS

¯1 " = 417 feetIMPORTANT NOTICE AND DISCLAIMERThis map and information is provided as is. We make no warranties or guarantees, expressed or implied.The user assumes all risks and responsibility for determining whether this map is sufficent for purposes intended.The data is deemed reliable but not guaranteed.

0 1,000500Feet Carriage Hill

TM# 226.05-1-25Town of Lake George

LegendCarriageHill_100ft_Buffer_to_MHWM

Project Site

Lake Grid 3A

Lake Grid 4A

Page 18: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

Lake GeorgeVillage

DiamondPoint

BoltonLanding

HulettsLanding

Hague

State BoatLaunch

Rogers RockState Campground

Anthony's Nose

Mallory Pt

Bluff HeadSabbath DayPoint

Silver Bay

Shelving Rock

PilotKnob

KattskillBay

CleverdaleHearthstone StateCampground

TongueMt

DunhamsBay

HarrisBay

SandyBay WarnerBay

EchoBay

Boon Bay

Cotton Pt

Basin BayHuddle Bay

Sawmill Bay

NorthwestBay

CanoeLaunch

The Narrows

Paradise Bay

Black MtPoint

MotherBunchIslands

Gull Bay

Blairs Bay

RogersSlide

6B

8F

6A

2B

3A4B

8G

5A 5B

7B7A

8A8B

12B

9B

12A

11A

13B

4A

15A

3B

15B

11B

13A

10A

3D

9A

14A

1B

10B

14B

2A1A

6C

16B16A

15C

3F

7C

3E

2D

8C

11C

16C

13D

16E

5C

13E

9D

11D

13C

6D

4C

8E

3C

9C

10C

16D

1C

12D12C

10D

9E

8D

5D

3G

2C

May, 2016

Lake George 2015 Recreation StudyLake Zones Map

0 21Miles

1A LG Village, west side1B LG Village, east side1C Tea Island2A Hearthstone Point2B Plum Pt / Woods Pt area2C Hearthstone Campground2D Dunham's Bay3A Cannon Pt area3B Assembly Pt area3C Still Bay3D Harris Bay3E Sandy Bay3F Warner Bay3G Assembly Point Channel4A Long Island West4B Long Island East4C Elizabeth Island 5A Rush Island area5B Whipple Island area5C Boon Bay5D Echo Bay6A Cotton Point area6B Pilot Knob area6C Basin Bay6D Andrews Bay7A Clay Island - Dome Island7B Watch Point area7C Huddle Bay8A Northwest Bay, west side8B Northwest Bay, east side (Tongue Mt)8C Sawmill Bay8D Shelving Rock Bay8E Log Bay8F Huckleberry Island8G Bolton Bay & east of Green Island9A Narrows, west side9B Narrows, east side9C 14 Mile Island9D Red Rock Bay9E Glen Island

10A Dollar Island Group area10B Black Mtn Point area10C Paradise Bay10D Black Mtn Point

11A Harbor Islands area11B Mother Bunch Island area11C Harbor Island11D Huletts Landing12A Sabbath Day / Silver Bay12B Bluff Head area12C Werner's Bay12D Bass Bay13A Pardo Point area13B Mallory Island area13C Arcady Bay13D Hague Bay13E Gull Bay14A Waltonian Islands area14B Rock Bro's Is / Brown's Pt15A Friend's Pt / Roger's Rock15B Brown's Pt / Weed's Bay15C Blairs Bay16A Ticonderoga area, west side16B Ticonderoga area, east side16C Heart Bay16D Mossy Point16E North of natural dam

Zone Over Capacity

Page 19: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

LA GroupLake George Recreation Survey 2015

977 Lake George Boaters, Dock Owners Recreation Visitors

Copy of LAGroup Crosstabs 8 of 13

Total Dock Boat Recreation Male Female Under 40 40 to 49 50 to 6465 and older

Year-round resident

Seasonal visitor

Visitor/Day-user Rural

Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

1A: LG Village, east side 15% 13% 14% 15% 14% 18% 25% 11% 15% 14% 19% 13% 15% 17% 14% 15% 12% 15%1B: LG Village, west side 19% 19% 18% 21% 18% 21% 21% 13% 19% 20% 24% 17% 17% 19% 18% 18% 19% 24%1C: Tea Island Channel 4% 4% 4% 5% 4% 4% 2% 1% 4% 6% 7% 4% 1% 4% 5% 4% 0% 7%2A: Hearthstone Point 3% 2% 3% 2% 2% 3% 1% 3% 3% 2% 5% 2% 2% 2% 5% 2% 0% 3%2B: Plum Pt / Woods Pt area 2% 2% 2% 1% 2% 2% 2% 1% 2% 2% 3% 1% 1% 1% 4% 1% 2% 2%2D: Dunham's Bay 6% 8% 6% 5% 5% 6% 6% 1% 5% 8% 9% 5% 4% 6% 5% 5% 5% 5%3A: Cannon Pt area 2% 2% 2% 2% 1% 3% 3% 3% 2% 1% 2% 1% 3% 1% 4% 1% 1% 4%3B: Assembly Pt area 6% 7% 6% 7% 5% 9% 11% 7% 6% 4% 9% 6% 4% 5% 6% 8% 3% 5%3C: Still Bay 1% 1% 1% 0% 1% 1% 1% 0% 1% 1% 2% 0% 0% 0% 3% 1% 0% 0%3D: Harris Bay 6% 10% 6% 6% 6% 7% 4% 3% 7% 8% 10% 6% 4% 6% 11% 5% 3% 5%3E: Sandy Bay 14% 20% 15% 14% 13% 18% 13% 15% 14% 14% 22% 13% 8% 13% 17% 15% 14% 10%3F: Warner Bay 4% 7% 4% 4% 4% 4% 2% 3% 5% 4% 9% 2% 2% 3% 8% 3% 2% 4%3G: Assembly Pt Channel 7% 11% 7% 5% 7% 8% 7% 1% 7% 9% 10% 7% 3% 7% 7% 8% 5% 5%4A: Hayden Point area 1% 1% 1% 1% 0% 2% 2% 1% 1% 1% 1% 1% 0% 0% 1% 1% 0% 2%4B: Long Is / Van Warmer Bay 4% 5% 4% 4% 4% 5% 5% 7% 4% 2% 6% 3% 4% 5% 4% 3% 5% 7%4C: Elizabeth Is Channel 1% 2% 1% 2% 1% 2% 0% 0% 1% 2% 1% 2% 0% 1% 2% 1% 0% 2%5A: Rush Island area 1% 1% 1% 1% 1% 2% 2% 1% 1% 1% 1% 1% 0% 0% 2% 1% 1% 2%5B: Whipple Island area 1% 1% 1% 1% 1% 0% 0% 1% 1% 1% 0% 1% 0% 0% 1% 1% 0% 2%5C: Boon Bay 2% 3% 2% 2% 2% 1% 1% 2% 2% 2% 3% 2% 0% 2% 2% 1% 1% 3%5D: Echo Bay 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 0% 1% 2% 0% 0% 1%6A: Cotton Point area 3% 6% 3% 4% 3% 2% 3% 3% 3% 3% 4% 4% 0% 2% 2% 3% 5% 3%6B: Pilot Knob area 5% 8% 5% 6% 5% 4% 5% 3% 6% 5% 7% 5% 2% 6% 5% 6% 1% 5%6C: Basin Bay 9% 15% 9% 8% 10% 6% 7% 6% 11% 8% 16% 9% 2% 8% 13% 7% 12% 5%6D: Andrews Bay 0% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 1% 0% 1% 1% 0% 0%7A: Clay - Dome Islands 4% 5% 5% 5% 5% 3% 5% 6% 4% 3% 4% 4% 4% 5% 4% 4% 2% 4%7B: Watch Point area 2% 2% 2% 2% 2% 1% 2% 3% 2% 1% 2% 2% 2% 1% 2% 3% 0% 2%7C: Huddle Bay 5% 7% 5% 7% 5% 5% 4% 3% 5% 7% 6% 5% 4% 4% 8% 5% 4% 4%8A: NW Bay - West side 2% 2% 1% 2% 1% 2% 1% 0% 2% 2% 2% 1% 1% 3% 1% 1% 2% 0%8B: NW Bay - East side (Tongue) 2% 2% 1% 2% 1% 2% 1% 1% 2% 2% 2% 2% 1% 3% 0% 1% 0% 4%8C: Sawmill Bay 2% 3% 3% 2% 3% 2% 6% 3% 2% 2% 4% 2% 1% 3% 2% 2% 1% 4%8D: Shelving Rock Bay 8% 11% 9% 9% 7% 11% 11% 6% 8% 9% 14% 7% 6% 9% 10% 8% 4% 10%8E: Log Bay 20% 25% 21% 20% 19% 22% 21% 20% 17% 22% 28% 18% 13% 22% 21% 20% 15% 16%8F: Huckleberry Is. area 3% 4% 3% 2% 3% 2% 4% 4% 3% 1% 3% 4% 1% 2% 2% 4% 2% 2%8G: Bolton Bay & E of Grn. Is. 10% 12% 10% 10% 10% 10% 10% 10% 10% 10% 8% 12% 7% 12% 7% 11% 9% 10%9A: Narrows - west side 5% 5% 5% 5% 4% 5% 6% 3% 5% 4% 4% 5% 4% 7% 3% 4% 4% 5%9B: Narrows - east side 8% 8% 8% 9% 8% 8% 8% 8% 8% 8% 11% 7% 7% 9% 8% 9% 5% 8%9C: 14 Mile Island Channel 2% 3% 2% 3% 2% 2% 5% 0% 2% 3% 3% 2% 2% 2% 2% 3% 1% 2%9D: Red Rock Bay 5% 6% 6% 4% 6% 5% 3% 3% 7% 5% 8% 5% 4% 6% 8% 5% 2% 5%9E: Glen Island 6% 7% 6% 5% 6% 5% 7% 4% 5% 7% 7% 6% 4% 7% 9% 4% 5% 4%9F: Paradise Bay 8% 11% 8% 7% 8% 6% 4% 4% 7% 12% 9% 9% 4% 7% 10% 8% 5% 8%10A: Dollar Island Group area 1% 1% 1% 1% 1% 1% 3% 1% 1% 1% 2% 1% 1% 1% 1% 1% 2% 0%10B: Black Mtn Point area 2% 2% 2% 3% 2% 2% 4% 2% 2% 2% 4% 2% 2% 2% 4% 2% 2% 1%10D: Black Mtn Point 2% 1% 2% 2% 2% 2% 3% 1% 2% 2% 2% 2% 1% 2% 3% 2% 1% 0%11A: Harbor Islands area 0% 1% 0% 0% 0% 0% 2% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0%11B: Mother Bunch Island area 2% 2% 2% 2% 2% 3% 2% 1% 2% 2% 2% 2% 2% 2% 4% 1% 2% 5%11C: Harbor Island 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0%11D: Hulett's Landing 1% 1% 1% 1% 1% 1% 1% 0% 1% 1% 1% 1% 0% 1% 2% 0% 1% 0%

Where, if anywhere, did you feel there was boat congestion on the Lake? (Check all that apply).Use of Lake George Gender Age Association with Lake George Home Community

Page 20: LAKE GEORGE PARK COMMISSION PROJECT SYNOPSIS …...Jan 19, 2021  · TM# 226.05-1-25 Town of Lake George Legend CarriageHill_100ft_Buffer_to_MHWM. Proposed Moorings Presented by Applicant

LA GroupLake George Recreation Survey 2015

977 Lake George Boaters, Dock Owners Recreation Visitors

Copy of LAGroup Crosstabs 9 of 13

12A: Sabbath Day / Silver Bay 1% 1% 1% 1% 0% 2% 0% 1% 1% 1% 0% 1% 0% 1% 1% 0% 1% 3%12B: Bluff Head area 0% 1% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 1%12C: Werner's Bay 1% 2% 1% 1% 1% 1% 1% 0% 1% 2% 0% 2% 1% 0% 1% 2% 2% 0%12D: Bass Bay 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%13A: Pardo Point area 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0%13B: Mallory Island area 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0%13D: Arcady Bay 0% 1% 0% 0% 0% 1% 0% 1% 0% 0% 0% 1% 0% 0% 0% 0% 2% 0%13E: Hague Bay 2% 3% 2% 2% 2% 1% 2% 1% 1% 3% 1% 3% 0% 1% 2% 2% 2% 1%13F: Gull Bay 0% 1% 0% 1% 1% 0% 0% 0% 1% 0% 1% 0% 0% 0% 1% 1% 0% 0%14A: Walltonian Islands area 2% 2% 2% 2% 1% 2% 2% 2% 2% 1% 1% 2% 1% 2% 2% 1% 1% 3%14B: Rock Bro's Is / Brown's Pt 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%15A: Friend's Pt / Roger's Rock 1% 2% 1% 2% 1% 1% 1% 1% 1% 1% 1% 1% 1% 2% 2% 1% 1% 0%15B: Brown's Pt / Weed's Bay 1% 2% 1% 1% 1% 1% 2% 0% 1% 0% 0% 1% 0% 1% 0% 1% 1% 1%15C: Blairs Bay 0% 1% 0% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0% 1% 0% 0% 0%16A: Ticonderoga area - West side 1% 2% 1% 0% 1% 1% 2% 0% 1% 2% 2% 1% 0% 2% 1% 1% 1% 2%16B: Ticonderoga area - East side 1% 3% 1% 1% 1% 1% 1% 0% 1% 2% 2% 1% 0% 2% 2% 1% 1% 2%16C: Heart Bay 0% 1% 0% 0% 1% 0% 1% 1% 0% 0% 0% 1% 0% 0% 0% 1% 0% 1%16D: Mossy Point 1% 2% 1% 0% 1% 0% 1% 1% 1% 1% 3% 0% 0% 2% 1% 0% 0% 0%16E: N. of natural dam 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%Did not feel there was boat congestion on the Lake

35% 24% 35% 37% 37% 30% 31% 35% 36% 36% 24% 35% 48% 37% 29% 37% 35% 35%

Total Dock Boat Recreation Male Female Under 40 40 to 49 50 to 6465 and older

Year-round resident

Seasonal visitor

Visitor/Day-user Rural

Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

Boated earlier or later in the day 29% 34% 29% 30% 27% 36% 21% 32% 31% 28% 37% 28% 23% 26% 36% 26% 31% 32%Boated more often earlier or later in the season

17% 20% 17% 15% 16% 18% 12% 15% 19% 15% 31% 12% 13% 21% 20% 15% 18% 8%

Boated more on weekdays than weekends or holidays

40% 49% 40% 42% 36% 49% 30% 25% 38% 53% 55% 37% 28% 42% 51% 35% 36% 36%

Boated other areas of the lake than where I prefer

11% 10% 11% 14% 10% 13% 23% 11% 11% 7% 11% 11% 11% 9% 10% 10% 16% 13%

Canceled certain boating activities (e.g., water-skiing)

9% 15% 9% 12% 8% 12% 20% 11% 9% 5% 11% 11% 4% 6% 12% 8% 11% 12%

Boated on other water bodies 5% 2% 5% 6% 5% 3% 8% 5% 5% 3% 6% 3% 8% 6% 6% 5% 2% 1%None of the above 44% 40% 44% 43% 47% 36% 46% 51% 43% 41% 27% 49% 50% 41% 33% 48% 45% 48%

Total Dock Boat Recreation Male Female Under 40 40 to 49 50 to 6465 and older

Year-round resident

Seasonal visitor

Visitor/Day-user Rural

Under 5,000 people

5,000 to 24,999 people

25,000 to 99,999 people

Over 100,000 people

Yes 88% 92% 88% 88% 88% 88% 80% 88% 89% 91% 93% 89% 81% 91% 89% 88% 83% 91%No 12% 8% 12% 12% 12% 12% 20% 12% 11% 9% 7% 11% 19% 9% 11% 12% 17% 9%

Did you change your plans or modify your behavior in any of the following ways because of problems you experienced on your recent visit to Lake George? (Check all that apply).Use of Lake George Gender Age Association with Lake George Home Community

Are you aware of the special Rules and Regulations on Lake George for governing speed, engine noise, anchoring, PWC use, parasailing, etc.?Use of Lake George Gender Age Association with Lake George Home Community

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1

Joe Thouin

From: Joe JohnsSent: Tuesday, January 12, 2021 2:37 PMTo: Joe ThouinSubject: RE: Carriage Hill App

Good Afternoon,   I have reviewed the application for the Carriage Hill Association. I feel extending the moorings an additional 15’ out into the lake will cause a navigational hazard in the following ways:   

1. New York State Navigational Law states that the maximum speed limit within 100’ of shore is 5mph. With the increased distance from shore, the mooring ball with a 3’‐5’ line to the eye hook on the boat and  the swing of a 26’ boat could see these boats 116’‐119’from shore where a boat could be traveling legally at 45mph. At night the speed limit in excess of 100’ is 25mph. There is a danger that these moored boats could be stuck by another boater.  

2. The area of the docks and moorings sticks out significantly further into the lake than the properties to the north and south. Someone from the north could come out from their dock and come around the corner and not expect to see a moored boat extending that far out into the lake. Immediately to the south, are two busy hotel who cater to guests who bring their own boats or rent boats for their vacation. The same problem exists here. These guests who are headed north may come of the dock and make an immediate turn to the north at night and not see a boat extended that far out into the lake.  

 Due to the swing of the boats being over 100’ from shore and the possibility of boats traveling over 5mph through the area and the land mass of the property sticking out significantly more into the lake than the northern and southern properties, I feel this permit would cause a navigational hazard of approved.    Best Regards  Joe Johns  Lt. Joe Johns Director of Law Enforcement  Lake George Park Commission PO Box 749, 75 Fort George Rd. Lake George NY 12845 (518)668‐9347 / fax (518)668‐5001/ [email protected]  http://www.lgpc.ny.gov    

From: Joe Thouin Sent: Tuesday, January 12, 2021 2:00 PM To: Joe Johns Subject: Carriage Hill App  Dear Joe, 

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Joe
Text Box
Application
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Joe
Text Box
Note: Drawing of mooring extensions are not to scale
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1

Joe Thouin

From: Kevin Tonn <[email protected]>Sent: Wednesday, January 6, 2021 8:13 PMTo: Joe ThouinSubject: Re: Carraiage Hill Lake Club, Mooring Modification

Dear Mr Thouin, In reply to your email, 1. The depth of the water is approximately 8 ft. 2. The length of chain between the anchor and the mooring is 12ft. 3. The length from mooring to boat is 3ft. I would like to point out the bow ring which attaches to the mooring is not at the tip of the boat but is set back about a foot or more which reduces the swing. Also, the location of the property is up against a mountain which selters the property from wind. If there is a wind blowing west to east the water around the mooring is flat with very little or no wind. I have never seen the chains taught with an easterly wind and therefore there would be a limited number of times where they would be over the 100 ft mark. I want to thank you for taking the time and if you have any questions please do not hesitate to contact me at 516-510-6391. Thank you, Kevin Tonn On Wed, Jan 6, 2021 at 1:19 PM Joe Thouin <[email protected]> wrote:

Dear Mr. Tonn,

 

Thank you for making an application for mooring variances at Carriage Hill in Lake George, which seek to extend moorings/vessels more than 100’ offshore.  

 

For purposes of estimating the swing radius of the moorings, the offshore distance of moored vessels, and the variance sought, please provide the (1) depth of water at the mooring locations, (2) the total length of rope/chain connecting the anchor and the mooring ball, and (3) the typical length of rope connecting the vessel to the mooring ball.

 

Thank you again.  For potential inclusion on the January meeting agenda, please submit this information no later than Sunday evening 1/10.

 

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Mooring Anchors: 2 x 25 kg Spade type anchors Ground chain connecting: Minimum 10 yards – more is better. 22mm

grade 30 black chain Connecting shackles 2 x tested shackles to connect each end of ground chain to anchors. Riser Chain 15 feet of 13 to 16 mm preferable galvanised (but

not essential) grade 30 ORAlternative Riser: 10 yards polysteel rope (lighter to handle and

manage from boat when laying mooring) with tube eye at each end..

Connector 1 Tested shackle to link ground chain and riser. Connecting to buoy Swivel Stainless steel

1 shackle to connect to riser 1 shackle to connect to mooring buoy.

Shackle under buoy should be large enough to

accommodate swivel, two hard-eye spliced ropes to connect to boat.

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1

Joe Thouin

From: Kevin Tonn <[email protected]>Sent: Thursday, January 7, 2021 9:16 PMTo: Joe ThouinSubject: Carriage Hill Lake Club Mooring modification

Follow Up Flag: FollowUpFlag Status: Completed

Dear Mr. Thouin, In reply to your email, 1. Every member of the Carriage Hill Lake Club owns residence property in the Park and has since 1984. As you stated, Joe Matteo owns land and plans on building on that land. Ann Trimble and Regina Treffelitti are sisters who own the property directly across from the docks at 3725 Lake Shore Drive, Diamond Point, NY and have owned it since 1979. 2. This has never been a problem before in regard to ownership in the Park because every member has owned residence in the Park since 1984. In order to comply with the Lake George Park commission, we will amend our by-laws that any current members and future members must have residence in Lake George Park to be a member of the Carriage Hill Lake Club. I hope the above clarifies your questions and feel free to contact me with any other questions. Regards, Kevin Tonn 516-510-6391

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CARRIAGE HILL LAKE CLUB MEMBERSHIP LIST 2020

Dock Number

Adams, Jeff and Donna 1338 Carriage Hill Rd., Diamond Point, NY 12824518-668-957612 Langstaff Lane, Troy, NY 12180 |

518-273-6019 518-859-0886 (cell)Email - [email protected]

Matteo, Joseph and Kari26 Pinecrest LaneEast Berne, NY 12059 2518-788-7987518-429-1599Email – [email protected]

Boddy, Fred and Cathy 716 Carriage Hill Rd., Diamond Point, NY 12824518-668-390361 Parma Rd., Island Park, NY 11558516-889-1977Email – [email protected]

Bramhall, Brian and Theresa 827 Carriage Hill Rd., Diamond Point, NY 12824(cell) 518-669-6708 518668-5081Email – [email protected]

Casavant, Don and Peggy 181 Lake Winds, Diamond Point, NY 12824518-668-5671 Email- [email protected]

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Casavant, Ray and Marianne Mooring #232 Carriage Hill Rd., Diamond Point, NY 128246 Cricket Lane, Simsbury, CT 06070860-658-9089Email – [email protected]

Clancy, Clemence 310 Carriage Hill Rd., Diamond Point, NY 12824518-668-5819 Justin Clancy 401-862-0136Email – [email protected] Email - [email protected]

Dougan, Frank and Helene 1240 Carriage Hill Rd., Diamond Point, NY 128247 Chandler Rd., Edison, NJ 08820 732-548-7378Email – [email protected]

Ruhnau, William and Barbara 10Carriage Hill Rd., Diamond Point, NY 12824318 Lake Shore Blvd, Massapequa Park, NY 11762516-287-6159 or 516-287-6158Email – [email protected]

Clark, Deanne and J.D. Keith 971 Olde Coach Road, Diamond Point, NY 12824561-676-1576 518-494-9992 561-379-4566Email – [email protected]

Mancini, Nancy 450 Carriage Hill Rd., Diamond Point, NY 12824518-258-119537 Priscilla, Lane Schenectady, NY 12306518-355-0774Email – [email protected]

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[email protected]

Seale, Mike 6PO Box 471, Lake George, NY 12845518-361-2222 (Mobile)Email – [email protected]

Soifer, Bo 116 Carriage Hill Rd., Diamond Point, NY 12824518-668-3837 (home) 518-654-6640 (office) 796-7695) (cell)Email – [email protected]

Tonn, Kevin and Stephanie Mooring #348 Carriage Hill Rd., Diamond Point, NY 12824518-685-5504 (cell) 516-510-639117 Cornell Place Farmingdale, NY 11735Email – [email protected]

Tonn, Robert and Kathleen Mooring #131 TLV Rd., Diamond Point, NY 12843518-644-50503201 Hickory St, Wantagh, NY 11793516-781-1545Email – [email protected]

Treffiletti, Regina and Tim Carney 58 Ridge Rd., Delmar, NY 12054518-475-1330 or 668-2088cell -518-495-6067Email – [email protected]

TRIMBLE, Anne 14 & 1510 Loudon Heights So., Loudonville, NY 12211518-436-9992 or 668-2088

Joe
Typewritten Text
Joe
Typewritten Text
Joe
Typewritten Text
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BY-LAWS

OF

CARRIAGE HILL LAKE CLUB, INC.

A New York Corporation

ARTICLE I NAME AND PRINCIPAL OFFICE

The name of the corporation -is carriage Bill Lake Club~ Inc· (the "Club"). The principal office of the Club will be located at Lake Shore Drive, Diamond Point in the Town of Lake George, Warren county, State of New York.

ARTICLE II DEFINITIONS

The following words when used in these By-Laws shall, unless the context otherwise dictates, have the meanings set forth below:

<a> "Club" shall mean and refer to Carriage Hill Lake Club, Inc., a New York Corporation.

(b) "Certificate of Incorporation" shall mean and refer to the certificate of incorporation of the Club, filed with th~ Secretary of State, as amended from time to time.

<c> "Rules ~d Regulations" shall mean and refer to tqe Rules and Regulat~ons of the Club, promulgated by the Board of Directors thereof, as amended from time to time.

<d> "Club property" shall mean and refer to all the real, personal and other property owned by the Club.

(e) "Slip" shall mean and refer to a slip at a dock constituting c·lub property.

(f) "Member" shall mean and refer to a holder of a membership-in the -club.

(g > "Membe~ship" shall mean and refer to the interest held by· each member in the ·club.

<h> "Board" shall mean and refer to the Board of Directors of the Club.

(i) "Statute" shall mean and refer to the Not-For-Profit Corporation Law.

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ARTICLE III PURPOSE

The purpose of the Club is to own, operate, manage and control the Club property for the benefit of the members. ·The Club shall maintain the Club property in good, safe and sanitary condition. .The Club shall repair and replace the Club property so as to maintain the property in such condition.

ARTICLE IV APPLICABILITY

The provisions of the Certificate of Incorporation, these By-Laws and the Rules and Regulations shall be -binding on all present and future members, lessees, their families, guests, licensees, agents, employees, and any other person on, in or about the Club property.

ARTICLE V USE OF CLUB PROPERTY

Section A. General

The Club property shall be utilized solely by members and their accompanied guests; approved lessees and tenants of memberships; and lessees, employees, agents and licensees of the Club. No member shall permit any person except his accompanied guests to utilize any of the Club property, including, without limitation the slip assigned to his membership, except by lease or rental in strict accordance with Article VIII.

Section B. Assignment of Slips

The Board shall assign one slip for a boat or other vessel to each membership. The assignment will be made based upon the docks in existence at the time of assignment~ The maximum draft, length and beam of the boat or vessel that may utilize the assigned slip will be fixed at the date of assignment. The assignment shall confer the right to use the assigned slip subject to the following exceptions:

1. The Club may repair, replace or otherwise alter any slip and or any dock to which any slip is appurtenant, to the extent the Board shall determine necessary, provided that the slip and or dock · is repaired, replaced or altered expeditiously and the dock as repaired, replaced or altered, provides substantially the same slips as previously existed, accommodating boats or vessels with substantially the same draft, length and beam, to the extend permitted by governmenta~ author~ties and reasonably possib~e.

2. In the event of fire or other casualty, the Club shall be obligated to expeditiously repair or replace any slip apd dock damaged or destroyed and the dock as repaired or replaced shall

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provide substantially the same slips as previously existed, accommodating boats or vessels with substantially the same draft, length and beam, to the extent permitted by governmental auth~rities and reasonably possible.

\ 3. Except as provided in the following paragraphs, in connection with the loss, damage, repair, alteration or replacement of any slip or dock as provided in this Article, no member shall be entitled to any reduction in the amount of any assessment, installment thereof, or special assessment payable to the Club~ nor any damages from the Club; nor any other form of compensation from the Club.

4. In the event of police power or eminent domain or condemnation proceedings, the Club shall expeditiously replace any dock, slip or portion thereof taken by the governmental or other public authority and the dock as replaced shall provide substantially the same slips as pr_eviously existed, accommodating boats or vesseLs with substantially the same draft, length and beam, to the extent permitted by governmental authorities and reasonably possible.·

5. In the event a member is deprived of his right to use the slip assigned to his membership by virtue of repair, replacement, fire or other casualty or police power, eminent domain or condemnation proceedings, the Club shall temporarily provide such a member with a comparable substitute slip if unoccupied and available to the Club.

6. The Board shall at all times maintain a roster with sc~edules of the memberships, the slips assigned thereto and the maximum draft, length and beam of the boat or vessel that may utilize the respective slips.

Schedu1e c. Restrictions

The slips assigned to each membership shall be used for the purpose of docking a single pleasure or recreational boat or vessel therein (plus any lifeboat and or dinghy normally carried on board such boat or vessel). The use of any slip assigned to a membership for any commercial purpose, use or venture is strictly prohibited. While docked or moored in or about a slip, no bo~t or vessel shall be used as a temporary or permanent residence. This prohibition shall include without limitation, occupancy by a person or persons of a boat or vessel in or about a slip, for any cumulative period in excess of seventy-two <72) hours during any consecutive ninety-six (96) hour period. At no time shall more than one boat or vessel (pl~s any lifeboat and or dinghy normally carried on board such boat or vessel) be docked or moored in or about a slip. No boat or vessel shall be docked or moored or in

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o~ abo~t a slip in ex:ess of the draft or length or beam d1mens1ons set forth 1n the roster maintained by the Board as provided in this Article.

. No harassing, menacing, noxious, unsanitary, hazardous, ~llega~ or ~nlawful,u~e shall be made of any Club property 1nclud1n9 w1thout l1m1tation the slips. All laws, ordinances regulations, rules and other valid governmental requirements ;hall be adhered to. No member shall cause or permit or allow anything to be done on the Club property including without limitation the slip assigned to his membership, that will increase the cost of insurance coverage provided by the Club under these By-laws or that will obstruct, impe~e or interfere with the rights of ~ther members, or annoy them Wlth unnecessary or unreasonable noise or other irritant. No member shall cause or permit any nuisance on the Club property including without limitation the slip assigned to his membership.

No member shall in any manner alter the Club property, or in any manner change the appearance of the property, including without limitation the slip assigned to his membership.

All boats and vessels docked or moored in or about the slips assigned to the memberships shall be maintained in good, saf~, clean, sanitary and seaworthy condition at all times. The Board shall be empowered upon reasonable notice and an opportunity to be heard, and in the context of an emergency· without prior noitice or opportunity to be heard, to cause anyboat or vessel to be removed from the Club property, including without limitation any slip, in the event the Board determines that such boat or vessel con.stitutes a health or safety hazard.

Section D. Emergency Powers.

In the event of any emergency in or about any boat or vessel, presenting an imminent threat to any person or any Club property, or any boat or vessel inany slip, the Club or any person authorized by the Club, shall, without notice or an opportunity to be heard, and without regard to whether the owner of the boat or vessel is present at the time of the emergency, have the right but ~ot the obligation, to forthwith board such boat or vessel for the purpose of abating such emergency. To abate the emergency the Club or any person authorized by the Club may take whatever action appears necessary, including without limitat~on: pump the boat or vesselJ remove such boat or vessel from the Club property1 or secure such boat or vessel. Neither the Club nor any person authorized by the Club shall be liable for any loss or damage to any person or pr9perty incurred in connection with the abatement of any emergency under this Article.

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ARTICLE VI MEMBERSHIPS, VOTING RIGHTS AND SUSPENSION

Section A. Membership; Voting Rights.

The Club shall have one class of members. Only natural persons can be members. The Club shall have eighteen (18) memberships. Each member shall be entitled to one vote for each membership held. No more than one vote shall be case with respect to each membership. If more than one natural person holds a membership, such persons must designate the person who shall be entitled to cast the vote attributable to the membership, by a writing signed by all the holders of the membership, filed with the Secretary of Club. If no designation is filed the person~ who hold such membership will not be entitled to vote. The Secretary may promulgate a form for ·such designation. ·

Section B. Suspension of Membership.

The rights of members to use the Club property, including without limitation the slips assigned to their respective memberhips, are subject to the payment of assessments, any installments thereof, special assessments levied by the Board, and any other monies owed to the Club. The obligation to pay assessments, instal~ents thereof and special assessments, is ~mposed upon each member and each membership. During any period of time in which a member shall be in default of his obligation to pay any assessment, any installment thereof, any special assessment, or any other monies owed to the Club, the right of such member to use the Club property, including without limitation the slip assigned to his membership, may upon reasonable notice be suspended by the Board until the assessment, installment thereof, special assessment, or other monies owed to the Club, have been paid. The same rights may also be suspended, after reasonable notice and an opportuni~y to be heard, for a period not to .exceed sixty (60) days, for a violation of the By-Laws or Rules and Regulations.

Nothing herein sha~l be construed to obligate the Club to pay assessments, any installments thereof, or special assessments, with respect to any membership owned by the Club. The Club is exempt from the obligation to pay such sums.

ARTICLE VII ASSESSMENTS

Section A. Purposes of Assessments.

The Club will incur various expenses for the mutual benefit _ of the members. To provide the funds necessary to pay the expenses of the Club, it is hereby granted the right to levy and collect assessments, installments thereof, and special assessments

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.r---

against each member and each membership. Except as otherwise specifically provided in these By-Laws, each member and each membership shall be liable for an equal share of the expenses of the Club. Proper expenses of the Club include without limitation the cost of:

(1) administration and management of the Club property 7

(2) maintenance, repair, replacement and improvement of the Club property,

(3) such reserves for Ci> contingencies, Cii) capital improvements or repairs, and Ciii) mortgage amortization, as the Board may deem proper, provided that reserves for capital· improvements or repairs or mortgage amortization shall be treated on the books of the Club as capital contributions and not as income7

(4) taxes, utilities, and insurance for the Club property;

(5) professional and other services rendered to the Club or the Marina property;

(6) and all other costs which reasonable promote the recreation, health, safety and welfare of the members and their continued use of the Club property.

Section B. Creation of Lien and Personal Obligation.

Each member by the acceptance of a membership, regardless of whether it shall be expressed in the instrument selling, assigning or otherwise transferring such membership, shall be deemed to have agreed to pay to the Club, such assessments, any installments thereof, and special assessments that are levied by the Board against the members and the memberships. To secure the obligation of each member to make time1y payment of each assessment, any installment thereof, and special assessments, the Club shall have a lien against and security interest in each membership for the amount of unpaid assessments, any installments thereof, and special assessments, together with interest thereon as hereafter provided. ' The lien arid security interest shall also secure attorney's fees and costs of collection or enforcement of the lien and security interest. Each assessment, any instal~ents thereof, and special assessment, together with any interest thereon, attorney's fees and costs of collection or enforcementr shall be a personal obligat+on of · the person who has the holder of the membership at the-time payment of the assessment, any installment the;eof, or special assessment or other sum was due. In the event a membership is held by more than one person, each person shall be jointly and severally liable.

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The lien and security interest of the Club shall, to the extent permitted by law, be prior to all other liens and security interests. If any assessment, installment thereof or special assessment is not paid within twenty (20> days of the date d~e: Ci) such sum shallbear interest at the maximum rate permitteq bty New York laWJ and · (ii) the Club may bring an action at law against the member or former member personally obligated to pay the sum, and or the Club may bring an action to <iii) foreclose its lien and security interest in the membership. Nothing herein shall be construed to prohibit a deficiency judgment against a member or former member. The institution of an · action at law or an action to foreclose its lien, shall not constitute an election or remedies by the Club. · In the event of a judgment in favor of the Club, the judgment shall provide for the payment of interest, attorney's fees and costs of collection or enforcement of the lien and security interest.

If any installment of an assessment is not paid within twenty (20) days of the date due, the Board may in its discretion accelerate the due date of the remaining installments and declare the entire assessment due and payable in full. The Board sha_ll promptly cause notice of such action to be given to the member.

Any person who acquires a membership by whatever means, shall take such membership subject to the lien and security interest of the Club.

Section c. Determination of Assessments.

The Board shall establish an annual budget in advance for each fiscal year. The budget shall project all expenses for the forthcoming year that may be required for the proper operation, management, repair, replacement, improvement and maintenance of the Club property and such allowances for any of the reserves

, permitted by these By-laws, as the Board sha11 deem proper. The budget shall project the reasonably· anticipated income of the Club and the assessment to be levied against each member. The Board shall cause a copy of the proposed budget to be mailed to each member no later than ten <10) days prior to the Board meeting at which the Board shall consider the adoption of such budget. Should the Board at any time determine that the assessment levied pursuant to the budget, is or may be insufficient to pay the above mentioned expenses of the Club, the Board shall have the authority to increase the assessment or levy such speci.al assessmentsas it shall deem proper. Any assessment levied may be made payable in installments, in the discretion of the Board. Each member and his membership shall be assessed an equal sum. The Club shall not be obligated to pay assessments, installments thereof, or special assessments, for any memberships owned by the Club.

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Section D. Due Dates; Roster.

All · assessme~ts shall be payable annually, in full in advance, on the f1rst day of the fiscal year, unless the Board sba~l provid7 for the payment of assessments in quarterly· or se~1-annual 1nstallments. The Board shallcause a roster to be ma1n~ained of the dates and amount of each assessment, any lnstallments thereof, and special assessments levied against each member and membership, the dates when due, the dates and amounts of each payment, and the balance remaining unpaid The ros~er s_hall be kept in the office of the Club and shall be ava1lable for inspection upon reasonable notice by any member. Upon the written request of any member, the Board shall promptly cause such member tobe furnished with a written statement of the amounts due from such member.

Section E. Assets of the Club.

All monies collected by the Club under this Article shall be treated as assets and property of the Club. All such monies may be co-mingled with other monies of the Club. All such monies must be placed in an account in the name of or containing the name of the Club or the Club property. When a member ceases to hold a membership by reason of sale, assignment or other transfer of his membership, the Club shall not be required to account . to such member for any share of the monies or any of the other assets -of the Club.

Section F. No Waiver

No member can exempt himself from liability for the payment of any assessment or any installment, or special assessment, levied against such member and his membership, by Ci) waiver of his right to use or enjoy any portion of the Club property includng without limitation the slip assigned to his membership; or -(ii) waiver of any service provided by the Club directly or indirectly1 or (iii) otherwise.

section G. Special Assessments.

Each member and ~embership shall be held financially responsible for any loss or damage to Club property and any cost of ·any corrective action necessitated by non-complia~ce with, or authorized by these By-Laws or the Rules and ·Regulat1ons, caused by the conduct of such member or any person permitted on Club property by such member, regardless of whether such member ~r person was negligent. The Board shall promptly.lev~ a spec1al assessment against any such· member and me~ersh1p! 1n.the event payment for such loss or damage or correct~ve act1on ~s not promptly received.

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Each member and membership shall be held financially responsible for any cost or expense of the Club, including without limitation any increased insurance premiums, taxes, fines, penalties, judgments or attorney's fees, incurred as a result of, or in connection with the failure of such member or any person permitted on Club property by such member, to comply with any local, pounty, state or federal law, ordinance, regulation, rule or other valid qovernmenal requirement. The Board shall promptly levy a special assessment against any such member and membership, in the event payment for such cost or expense is not promptly received. ·

The Board may in its discretion levy a special assessment against all members and memberships in the event of a casualty or other loss or damage, or to pay for the cost of an improvement, alteration* repair or replacement of Club property, or to pay for the cost of any necessry service, professional or non-professional or in any event if the assessment is inadequate to cover the expenses of the Club.

ARTICLE VIII TRANSFER OF MEMBERSHIP

Section A. Approval

Any sale, assignment or any other transfer of a membership shall be subject to the provisions of this Article, except for a sale, assignment or other transfer of a membership: Ci> by or to the Club or its designee; or Cii> by a member to his spouse~ or (iii) by a joint tenant to a fellow joint tenant. Any member entering into an agreement for the sale, assignment, or other transfer of his membership, is obligated to incorporate into such agreement by explicit reference, the provisions of this Article. Prior to the actual sale, assignment or transfer of a membership, the member must give the Board written notice, by certified mai1, return receipt requested, · of the name and address of the person to whom the sale, assignment or transfer is to be made, together with a copy of any agreement therefore, and any other information, and or interview, the Board may reasonably and promptly request. Within twenty-one (21) days of its receipt of the foregoing, the Board shall either approve or disatprove the proposed sale, a~gnment or trans£er,-and therea ter promptly notify the member ·of 1ts decision. Any such decision may be made on an arbitrary basis and the Board shall not be obligated to provide any · explanation thereof, provided that no decision may be made upon a basis prohibited by law. In the event the Board fails to render a decision within such twenty-one (21) day period, its fai1ure to make a determination shallbe deemed- an approval .

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The lease or rental of. a membership shall be a transfer within the purview of this Section. No lease or rental shall be for a term of less than one season as defined by the Rules and Regulations.

In the event of the death of a member and: (i) such decedent shall have conveyed or bequested his membership to some person other than his surviving spouse or joint tenant; or Cii) if some person other than decedent's surviving spouse or joint tenant is designated by decedent's legal representative to receive decedent's membership; or (iii) if under the applicable laws of descent and distribution the membership descends to some per~on other than dece~ent's surviving spouse or joint tenant; the Board shall be provided with written notice thereof by such other person or decedent's legal representative, by certified mail, return receipt requested, of the name and address of such legatee, distributee or other heir, together with any other information, and/or interview, the Board . may reasonably and promptly request. Within twenty-one (21) days of its receipt of the foregoing, the Board shall either approve or disapprove the legatee, distributee, or other heir, and thereafter promptly notify such person or decedent's legal representative of its decision. Any such decision maybe made on an arbitrary basis and the Board shall not be obligated to provide any explanation thereof, provided th4t no decision may be made upon a basis prohibited by law. In the event the Board fails to render a decision within such twenty-one (21) day period, its fa1lure to make a determination shall be deemed an approval.

· No demand for or acceptance of any assessment or installment th~reof or special assessment shall constitute or be deemed a consent, approval or waiver by the Club.

No sale, assignment or any other transfer of a membership, made in contravention of the provisions of this Article, shall be effective.

Section B. Procedure

No sale, assignment or other transfer of a membership shall be effective until Ci> the purchaser, assignee or transferee has executed and delivered to the Board an agreement in a form authorized by the Board, assuming, agreeing and consenting to-all of the provisions of these By-Laws, the Certificate of Incorporation, the Rules and Regulations, and any amendments thereto7 Cii) all monies due from the present member and membership shall have been paid to the Club, together with a sum to be fixed by the Board to cover reasonable legal and other expenses of the Club and any management agent in connection with such sale, assignment or transfer7 and (iii) a search or

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certification is obtained from a title insurance or abstract. company as the Board may require. A proposed purchaser, ass1gnee or any other transferee of a membership shall be entitled upon written request to a statement of the amounts due from the present member, provided the Board has been .furnished with the notice and information described in Section A of this Article. The Board shall cause such a statement to be furnished within ten (10) days after receipt of such a written request. The statement shall be signed by an officer of hte Club or any management agent, and the Club shall be bound by the contents of such statement.

The Board may authorize the preparation of a standard form of lease and or rental agreement and may require that any lease or rental of a membership be effected by such form of ~ease and/or rental agreement.

section c. Prohibited Transfers

No membership can be sublet or licensed.

ARTICLE IX. IMPROVEMENTS, ALTERATIONS, REPARIS AND REPLACEMENTS

No member shall cause or permit any · improvements, alterations, repairs, maintenance or replacements to be made to any club property, including without limitation the slip assigned to his membership. The Club is vested with the exclusive obligation and right to cause improvements, alterations, repairs, maintenance and replacements of club property.

ARTICLE X QUORUM, PROXIES AND WAIVERS

Section A. Quorum.

So many members as shall represent at lease 51% of the total authorized votes of a11 memberships present in person or represented by written proxy shall be requisite to and shall constitute a quorm at all meetings of the Club for the transaction of business, except as otherwise provided by Statute, the Certificate of Incorporation or these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Club, the members.entitled to vote thereat, present in person or represented by wr1tten proxy, shall have the power to adjourn the meeting upon ten (10) days written notice to all members, until a quor~m shall be ~resent or represented, and at such adjo~rned meet1ng, any bus1ness may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3\ of the total authorized votes of all memberships shall constitute a quorum.

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Section B. Vote Required to Transact Business

When a quorum is present at any meeting, the vote of 51% of the votes of all memberships present in person or represented by written proxy shall· decide any question brought before such meeting and such vote shall be binding upon all members, unless the question is one upon which, by express provision of the Statute, Certificate of Incorporation or these By-Laws, a · different vote is required, in which case such express provision shall govern and control the decision of such question.

Section C. Right to Vote

Members shall be entitled to vote, subject to the provisions in Article VI, either in person or by proxy at any meeting of the Club. · Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof.

Section D. Proxies

All proxies shall be in writing and shall be filed with the Secretary prior to the meeting in which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting.

Section E. Waiver and Consent

Wherever the vote of the membership at a meeting is required or permitted by Statute or by the Certificate of incorporatiqn or these By-Laws to be taken in connection with any action of the Club the meeting and vote of the membership may be dispensed with if ·all members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken.

Section F. Place of Meeting

Meetings shall be held at a suitable place within the State of New York, convenient tothe members as may be determined by the Board and designated in the notices of such meeting.

Section G. .Annual Meetings

The annual meeting of the membership of .the Club shall be held on such date as is fixed by the Board. At such meetings there shall be elected by ballot of the membership a Board in accordance with the requirements of Article XI of these By-Laws. The members may also transact such other business as may· properly come before the meeting.

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Section H. Special Meetings

It shall be the duty of the President to call a special meeting of the Club, if so directed by the Board, or upon the presentation to the Secretary of a petition· signed by holders of a majority of the memberships.

Section I. Notice of Meetings

It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each ~ber, at least ten ClO l but not more than thirty < 30) days prior to such meeting. The ·mailing of a notice in the manner provided in these By-Laws shall be considered notice served. ·

Section J. Order of Business

The order of business at all meetings shall be as follows:

(i) (ii) (iii) ( iv> (V)

Cvi>

<vii)

<viii) ( ix)

ARTICLE XI

Roll call Proof of notice of meeting or waiver of notice Reading of minutes of preceding meeting Reports of officers Reports of committees Appointment of inspectors of election <in the event there is an election) Election of Directors <in the event there is an election) Unfinished business New business

BOARD OF DIRECTORS

Section· A. Number and Term

The number of Directors which shall constitute the whole Board shall be an odd number and not less than three (3), and not more than seven (7). An initial Board consisting of .three <3> Directors shall serve until the first annual meeting of the Club. The person who shall hold the office of President immediately prior to the first annual meeting shall be appointed a director by virtue of his o£fice or former office to three <3> successive terms. Unless otherwise voted by the member~hip, at the first annual meeting and at all subsequent annual meetings the memb~rs shall vote for and elect seven {7) Directors to serve for one year terms and until their successors have been duly elected and

· qualified, subject to the r i ght of appointment of the President or former President described above, to three {3} successive terms as one of the seven (7} or such other number of directors. All

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·-

.• -.

\

Directors, other than the President or former President who shall be appointed by virtue of his office or former office, must be members. As required by law, each Director shall be at least eighteen (18) years of age.

Section B. voting

The Directors shall be elected by plurality vote (cumulative voting prohibited) • Each membership shall have one vote for each Director to be elected. No more than one vote will be allowed for each membership. If more than one person holds ~ membership, the holders of the membership must designate the holder entitled to cast the· vote attributable to the membership, in a written . ~ instrument filed with the Secretary. The Secretary ~ay promulgate a form of instrument.

Section C. Vacancy and Replacement

If the office of any Director becomes vacant by reason of death; resignation, retirement, disqualification, removal from . office or otherwise, a majority of the remaining Directors though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occu~red and until his successor is duly elected and qualified. In the event an initial Director appointed by the Club dies or resigns, or is removed from or otherwise leaves· his office, the Sponsor shall have the right to appint another Director in his place.

Section D. Removal

· Directors may be removed for cause by an affirmative vote of a majority of the memberships. No Director, other than a designee of the Club shall continue to serve on the Board if, during his term of ·office, hesha11 cease to be a member.

Section E. Powers

1. The Club property and business of the Club shall be managed by its Board, which may exercise all such powers of the Club and do all · such lawful acts and things as are not by Statute the Certificate of Incorporation or by these By-Laws, direct~d or' required to be exercised or done by the members personally. These powers shall specifically include, but not be limited to the following: ·

<a> To determine and levy assessments; and installments thereof.

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-. (b) T.o increase the assessments or vote special

assessments1

(c) To collect, use and expend the assessments and special assessments collected as provided in Article VII;

(d) To improve, alter, repair, maintain and replace Club property as provided in Article IX;

(e) To repair, restore, replace, and reconstruct Club property after damage by fire · or other casualty or as a result of police power, condemnation or eminent domain proceedings;

{f) To ~pen and maintain bank and similar accounts on behalf of the Club and to designate the signatories to such accounts;

(g) To invest funds of the Club in obligations of federally insured institutions and federai and state governments and authorities1

(h) To obtain and maintain adequate insurance for the Club property in accordance with Article XV;

<i> To collect monies owed to the Club for assessments or otherwise, by an action at law or otherwise1

(j) To suspend the right of members to use the Club property. for failure to pay assessments, installments thereof or special assessments, or other monies owed to the Club, or a violation of the By-Laws or Rules and Regulations, as provided in Article· vi, or failure to furnish insurance certificates as provided in Article XV;

(k) To bring an action in equity to enjoin violations of or ·compel compliance with, the provisions of these By-Laws the Rules and Regulations; to enjoin any nuisance, and any other conduct which unreasonably interferes with the proper operation and enjoyment of the Club property, and to collect attorneys' fees and costs connected therewith;

(1) To enact~ amend, repeal and enforce reasonable Rules and Regulations, which shall be binding upon the members and all other persons on, in or about, the Club property, provided such Rules and Regulations and amendments are enacted by resolution of the Board; <i) notice thereof is given to each member, and (ii) a copy is posted in a prominent location on the Club property;

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,-... .

The

<m> To employ or retain persons, enter into contracts or agreements, and purchase tools, supplies, material or equipment, to effectuate the obligations or purposes of the Club;

<n> To impose and collect fines~ after reasonable notice ·and an opportunity to be hea~;

Co> To generally have the powers wf Directors in connection with the role of the Club or· the Board as set forth in th~ Statute, the Certificate of Incorporation and th.§!_Se By-LaW'S ..

---- -provisi~ of t.hi~· Section -shall be broadly cQn~·trued. --

2. The Board may, by resolution or resolution"g,,,. passed by a majority of the whole- Board, designate -one or more committe~s, each of 'such couuni ttees oo-consist of at least three (•l> Directors

· or members ooe ,of wham sh&~l be a , Director, wbich 1 ·to~ extent ·p.:Eovided in said resolutio~ <*· resolutions, shall have an'd may exercise the powers of the! ~d in the. management of ehe' business and affairs of the Club and!· ~..Y have pewer to sign all papers which maybe required, provide~ hhe said resolution or resolutions shall specifically so - pr~ide. Such committee or committees shall have such name or names as may be determined from time to time by resolution ~9o~ted by the Board. ~ommittees established by ... ;;~.:.~-~l-&f, ot th,Board shall keep· regular minutes of their proceedings and s~~l report the same to the Board as required •

. ----. Section F. Compensation --........_

DireCtors and officers, as such, shall receive no compensation · for their services in such capacity.

~ Section G. Meetings --------1. ~e first meeting of each Board newly elected by the members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be

~. . '·-present, or· as soon thereafter as may be practicable. The annual ~eting of the Board shall be held at the same place as - the annual meeting of members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set.

2. Regularly scheduled meetings of the Board may be held without notice.

3. Special meetings of the Board may be called by the President on two (2) days notice to each Director either by hand,

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mail, telegram, mailgram, telephone or similar method of . comunication. Special meetings shall be called by the Pres1dent or Secretary in a like manner and on like notice on the written request of at least two (2) Directors.

4. At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board, except as roay be otherwise specifically provided by · Statutel the Certificate of Incorporation, or these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn· tqe meeting from t~me to . time, without notice other than announc~ent at the ~eet1ng unt1l a quorum shall be present.

5. Before or at any meeting of the Board, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice~ · Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are

· present at any meeting of the Board, no notice shall. be required and any business may be transacted at such meeting. .

Section H. Annual Statement

The Board shall cause to be furnished to all members within four (4) months of the end of each fiscal year and shall present annually (at the annual meeting) and when called for by a vote of the members at any special meeting of the members, a full and clear statement of the business conditions and affairs of · the Club, including a balance sheet and profit and loss statemen~ audited by an independent public accountant and a statement regarding any taxable income attributable to the members and no 1ess than ten <10) days or more than thirty (30) days prior to the holding of the annual meeting of members, noti.ce thereof.

ARTICLE XII OFFICERS

Section A. Elective ·officers

The officers of the Club shall be chosen by the Board and shall · be a President, Avice-President, a Secretary and a Treasure:. The Board may also choose one or ~ore Assistant Secretar1es and Assist4nt Treasurers and such other officers as in their judgment may be necessary . All officers must be either Directors or members .

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Section B. Election

The Board, at its first meeting after each annual meeting of members, saall elect a President, a Vice-President, a Secretary and a Treasurer. Only the President must be a member of the Board.

Section c. Appointive Offices

The Board may appoint such other officers and agents as it shall · deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as sh~ll be determined from time to time by the Board.

Section D. Term

The officers shall hold office for a period of one year and· until their successors are chosen and qualify in thei~ stead. Any officer elected or appointed by the Board may be removed with or without cause, at any time, by the affirmative vote of a majority of the whole Board of Directors. If the office of any officFr becomes ~acant for any reason, the vacancy shall be filled by the Board.

Section E. The President

The President shall be the chief executive officer of the Club; he shall preside at all meetin·gs of the members and the Board, shall be an ex-officio member of all standing committees, shall have general and active management of the busienss of the Club, shall see that all orders and resolutions of the Board are car.ried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Statute. ·

S~ction F. The Vice-President

The Vice-President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice-President or a corporation organized under the Statute.

Section G. The Secretary

The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of members and record all votes and the minutes of all proceedings in a book to be kept for that purpsoe and shall perform like duties for the standing commi ttees when · required. He shall give, or cause to be given,

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,--.

notice of all meetings of members and special meetings of the Board or members, and shall perform such other duties as may be prescribed by the Board or by the President, under whose supervision he shall be.

' Section B. The Treasurer

The Treasurer shall have the custody of the Club funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Club including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to tqe credit of the Club in such bank and similar accounts as may be designated by the Board.

He shall disburse the funds of the Club as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Club. ·

He shall keep detailed financial records and books of account of the Club, including a separate account for each Member, which, among other things, shall contain the amount of each assessment installment thereof, and special assessment, the dates w~en due, the dates and amount of each payment, and the balance remaining unpaid.

Section I. Agreements, etc.

All agreements and other instruments shall be executed by the President or such other person as maybe designated by the Board.

ARTICLE XIII. NOTICES

Section A. Definition

Whenever under the provisions of these By-Laws, notice is required to be given to the Board or to any Director or member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board, such Director or member at such address as appears on the books of the Club.

section B. Service of Notice; Waiver

Whenever any notice is required to be given under the provisions of these By-Laws, a waiver thereof, in writing, signed

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by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof.

ARTICLE XIV FINANCES

All checks, notes and other demands for money by the Club shall be signed by the President and Treasurer, or by such other o'fficer or officers, or such other person or per~ons .as the ~oard may from time to time designate by resolution.

ARTICLE XV INSURANCE AND RISK OF LOSS

Section A. Coverage by Board

The Board shall obtain and maintain the following insurance coverage for the Club property:

Cl> casualty insurance covering the docks and other insurable improvements Cbut specifically excluding any boat or vessel docked or moored thereon>, in an amount equal to the maxima~ insurance replacement value thereof. Such insurance shall provide coverage against loss or damage by fire or other hazards including windstorm and ice, and such ccveraga against other risks that are or will customarily be insured against with respect to similarly improved and situated properties, including without limitation·, vandalism, malicious mischief, and such other coverage as the Board may deem appropriate. This insurance provision may be waived by a majority vote of the membership.

(2) Public liability and property damage insurance in such amounts and form as the Board shall deem necessary, but in no event less than $1,000,000 single. limit coverage for personal injury.

(3) Such ether insurance coverage as the Board may determine to obtain.

All liability insurance shall contain cross-liability endorsements to cover the liability of the members as a group to each member. All casualty po~icies shall provide that the proceeds in the event of loss or damage shall be payable to the Club.

Section B. Coverage by Members -

Each member may at his own expense, obtain insurance coverage for loss· or damage to his boat or vessel and any other personal property belonging to such member. Each member shall bear the

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--

risk of loss or damage to his boat, vessel or other person~l property located in or ibout hte slipassigned to his membership, or owned by the member, or which may at the member's reque~t be repaired, located or stored on the Club property.

Each member will be liable for injury or damage resul~ing from occurrences in or about his boat or vessel or other p~rsonal property located in or about the slip assigned to his memb~rship, or owned by the member, or which may at the member's reque~t pr with his permission, be repaired, lcoated, or stored on the Club property.

Each member shall obtain and maintain at his own expense, personal ~iability insurance for injury or damaqe to the p~rson or property of another, while 9n any boat or other vessel of ·the member, docked or moored at the slip assigned to his membe~ship or which may at the member'' s request be repaired, lcoated, or stored on the Club property. The Club shall be named as a co-insured under such liability policy and each member shall be obligated to furnish the Club with appropriate certificates evidencing such coverage. The Board shall fix the amounts of coverage required. Upon reasonable · notice, the Board shall deny use of the Marina property including without limitation the applicable slip, to any member who fails to furnish the Club with such certificates, until such time as they are furnished.

XVI INDEMNIFICATION f

The Club shall indemnify every Director and Officer and his heirs, execu_tors and administrators, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by such person in connection with the defense of anyaction, and any appeal therein, except in relation to matters as to which such Director or Officer is adjudged to have breached his duty to the Club under Section 717 of the Statute. Indemnification shall not include amounts excluded by Section 722(b) of the Statute.

ARTICLE XVII AMENDMENTS

These By-Laws may be amended, repealed or added to at a duly called meeting of the members, provided that the notice of. the meeting must contain a full text of the proposed change an"d the change must be approved by the vote of 66-2/3% of all the ·

. memberships, persent in person or by proxy. ·

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ARTICLE XVIII GENERAL PROVISIONS

Section A. Fiscal Year

The fiscal year of the Club shall be fixed by resolution of the Board.

Section B. Seal

The Club seal shall have inscribed thereon the name of the Club and the year of its incorporation under the laws of the State of New York. The seal may be used by qausing it or a facsimi~e thereof to be impressed or affixed or in any manner reproduced.

Section c. Examination of Books and Records

Each member, and his respective representatives, shall be entitled to a reasonable examination of the books and records of the ·Club at any time upon reasonable notice to its Board. The Certificate of Incorporation, By-Laws and Rules and Regulations shall be available for inspection by any member at the principal office of the Club.

Section D. Construction

Whenever the masculine singular form of the pronoun is · used in these By-Laws, it shall be construed to mean the masculine, feminine Qr neuter, singular or plural, whenever the context so requires. Whenever the term person is used in these By-Laws, it shall be construed to mean and include a natural person or any entity.

In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall controlr and in the case of any conflict between these By-Laws and the Rules and Regulations, these By-Laws shall control.

Section E. Severability

Should any of the terms or provisions herein imposed be void or be or become unenforceable at law or in equity, the remaining prov1s1ons of these By-Laws shall, nevertheless, be and remain in full force and effect.

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Joe Thouin

From: CASAVANT RAYMOND <[email protected]>Sent: Tuesday, January 5, 2021 4:02 PMTo: Joe ThouinSubject: Fw: Carriage Hill Lake Club, Lake George 226.05-1-25

----- Forwarded Message ----- From: CASAVANT RAYMOND <[email protected]> To: r smith <[email protected]> Sent: Saturday, December 12, 2020, 02:18:02 PM EST Subject: Re: Carriage Hill Lake Club, Lake George 226.05-1-25 Dear Mr Smith, Thank You for Your response on 12/4/20 regarding our mooring dilemmas in recent years. The 3 iron cross placements approved in the early 1980's was the most intelligent procedure for the safety of all 3 moorings and how they related to the 3 docks. It was noted back then that the Carriage Lake Club property was not a cove or a safe bay but a point receiving destructive winds and waves capable of sinking boats smashed against the docks by northeast winds coming across a large open body of water. Yes, a number of boats sunk to the bottom of the lake !! This resulted in the dock owners having now the new larger boats being secured with special lines and whips to project their boats further away from the docks. You can see how that affected all the three mooring owners. The good news I can share with you is, that all three boats rarely, if ever, project out into open waters away from the shore line. They normally point north or south of the shoreline. The bad news is that our boats often get blown towards the outer docks with the sterns being close to these outer docks using the projected boat system. It is not uncommon that some storms were so violent that waves went over the other docks and moorings at times shifted to some degree and needed to be reset. From day one all three moorings were permitted the same maximum boat lengths. All interested parties that are interested in purchasing my boat want, with certainty, the privilege of mooring a boat up to 26' or the sale does not go thru. Your suggestion has been the most logical idea to date. Most of the club members are very concern about this matter and we need your logic and leadership in this matter. Sincerely, Raymond Casavant On Thursday, December 3, 2020, 01:39:54 PM EST, r smith <[email protected]> wrote:

Dear Mr. Casavant,

The Commission is in receipt of your application to modify a mooring at the subject property.

Specifically, your application seeks to increase the approved vessel length from 18’ to 26’ at the center mooring location.

Joe
Text Box
Public Comment
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Joe Thouin

From: Fred Boddy <[email protected]>Sent: Wednesday, January 6, 2021 9:29 AMTo: Joe ThouinSubject: Variance Application #DWM20-000091 Parcel #: 226.05-1-25

Follow Up Flag: FollowUpFlag Status: Flagged

The above variance would greatly improve the safety navigating boats to and from the docks located at the above parcel. Depending on wind direction it can become almost impossible to pull a boat in or out without colliding with one of the moored boats. Also, high winds out of the northeast or east, push the moored boats dangerously close to the boats docked on the outside of the center and north docks. It would be greatly appreciated if this variance was approved. Thank you for the opportunity to provide you with our concerns. Fred & Cathy Boddy

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Joe Thouin

From: robert tonn <[email protected]>Sent: Tuesday, January 12, 2021 3:32 PMTo: Joe ThouinSubject: Re: NAR: Carriage Hil Mooring

Mr. Thouin, I am the third of the three moorings at Carriage Hill. A few years back Molly had me in the water with a line to measure out the placement of the moorings. We brought all of them into where she specified that they should be. That being said I really feel an extra ~15 or so feet would be much safer for the moored boats as well as the boats coming in and out of the docks. It would be much easier to navigate with the extra room. If you need anything please let me know. Thank you for your time. Robert Tonn On Tue, Jan 5, 2021 at 12:21 PM Joe Thouin <[email protected]> wrote:

Dear folks,

Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore. The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.

Please feel free to submit any comments to me by email.

Thank you, and please take care.

Respectfully yours,

Joe

Joe Thouin Environmental Analyst

Lake George Park Commission PO Box 749, 75 Fort George Rd, Lake George, NY 12845 (518) 668-9347 | fax (518) 668-5001 | [email protected]

www.lgpc.ny.gov

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Joe Thouin

From: Carrie Paton <[email protected]>Sent: Wednesday, January 13, 2021 8:33 PMTo: Joe Thouin; [email protected]; joe matteo; [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

We have not yet been able to use our dock slip as we are relatively new owners at Carriage Hill, however we have recently purchased a boat and believe extending existing moorings further offshore would be very beneficial for purposes of ingress and egress. Thank you, Stevan and Carrie Paton Sent from the all new Aol app for iOS

On Tuesday, January 5, 2021, 12:21 PM, Joe Thouin <[email protected]> wrote:

Dear folks,

Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore. The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.

Please feel free to submit any comments to me by email.

Thank you, and please take care.

Respectfully yours,

Joe

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Joe Thouin

From: mrsealenews <[email protected]>Sent: Thursday, January 14, 2021 12:09 PMTo: Justin Clancy; Joe Thouin; [email protected]; joe matteo; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: RE: Carriage Hil Mooring

I would like to express my support for the approval of this variance. This approval will improve the safe navigation in and out of the association docks and adjacent moorings. It also I believe it will be consistent with LGPC Regulation 646-1.1(c)(3) because it will not interfere with normal navigation or reasonable access to adjacent docks, moorings or lands.

Thank you,

Mike S

-------- Original message -------- From: Justin Clancy <[email protected]> Date: 1/13/21 9:08 PM (GMT-05:00) To: Joe Thouin <[email protected]>, [email protected], joe matteo <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Subject: RE: Carriage Hil Mooring

Mr. Thouin,

I write to support my approval of this variance. Approval will not only improve the safety of navigation in and out of the association docks and adjacent moorings as has previously been noted, but is consistent will LGPC Regulation 646-1.1(c)(3) in that it will not interfere with normal navigation or reasonable access to adjacent docks, moorings or lands.

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2

Thank you,

Justin Clancy

10 Carriage Hill Road

Diamond Point, NY 12824

From: Joe Thouin Sent: Tuesday, January 5, 2021 12:21 PM To: [email protected]; joe matteo; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: NAR: Carriage Hil Mooring

Dear folks,

Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore. The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.

Please feel free to submit any comments to me by email.

Thank you, and please take care.

Respectfully yours,

Joe

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Joe Thouin

Subject: FW: NAR: Carriage Hil Mooring

From: Nycap.rr [mailto:[email protected]] Sent: Wednesday, January 13, 2021 6:20 PM To: Joe Thouin Cc: [email protected]; joe matteo; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: NAR: Carriage Hil Mooring  Please know I think the mooring extension would be a great improvement.  It is tight and sometimes vision is obstructed when you’re pulling in and out.  We have a number of young families and grandchildren on our boats.  This would make for a safer exit & entry.  Thank you for your consideration. Anne Trimble  

Sent from my iPad   On Jan 5, 2021, at 12:21 PM, Joe Thouin <[email protected]> wrote: 

  Dear folks,   Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore.  The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.   Please feel free to submit any comments to me by email.   Thank you, and please take care.    Respectfully yours, Joe   

Joe Thouin Environmental Analyst 

Lake George Park Commission PO Box 749, 75 Fort George Rd, Lake George, NY 12845 (518) 668-9347 | fax (518) 668-5001 | [email protected] www.lgpc.ny.gov   <NAR_20200105_CarriageHill_Print.pdf>

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Joe Thouin

From: Regina Treffiletti <[email protected]>Sent: Wednesday, January 13, 2021 4:03 PMTo: Joe ThouinCc: [email protected]; joe matteo; [email protected]; [email protected]; casavant92

@aol.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

Dear Mr. Thouin:  I am writing in support of Kevin Tonn’s application for a variance.  I believe moving the moorings farther from the docks will allow for much safer egress and ingress for the members of Carriage Hill Lake Club.   Thank you for your consideration.   Regina Treffiletti  

Sent from my iPad  On Jan 5, 2021, at 12:20 PM, Joe Thouin <[email protected]> wrote: 

Dear folks,   Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore.  The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.   Please feel free to submit any comments to me by email.   Thank you, and please take care.    Respectfully yours, Joe   

Joe Thouin Environmental Analyst 

Lake George Park Commission PO Box 749, 75 Fort George Rd, Lake George, NY 12845 (518) 668-9347 | fax (518) 668-5001 | [email protected] www.lgpc.ny.gov   

<NAR_20200105_CarriageHill_Print.pdf>

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Joe Thouin

From: Barbara Ruhnau <[email protected]>Sent: Wednesday, January 13, 2021 7:00 PMTo: Joe ThouinCc: [email protected]; joe matteo; [email protected]; [email protected]; casavant92

@aol.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

Dear Mr Thouin,  We also support Mr. Tonn’s application for a variance to extend the moorings. Quite often it is very difficult to egress and ingress safely especially if it’s a busy day on the lake. Moving the moorings further out would help alleviate this problem.  Thank you for your consideration, Barbara and Bill Ruhnau 

Sent from my iPad   On Jan 5, 2021, at 12:21 PM, Joe Thouin <[email protected]> wrote: 

  Dear folks,   Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore.  The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.   Please feel free to submit any comments to me by email.   Thank you, and please take care.    Respectfully yours, Joe   

Joe Thouin Environmental Analyst 

Lake George Park Commission PO Box 749, 75 Fort George Rd, Lake George, NY 12845 (518) 668-9347 | fax (518) 668-5001 | [email protected] www.lgpc.ny.gov   <NAR_20200105_CarriageHill_Print.pdf>

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Joe Thouin

From: joe matteo <[email protected]>Sent: Wednesday, January 13, 2021 7:45 PMTo: Joe Thouin; Barbara RuhnauCc: [email protected]; [email protected]; [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

We also agree that having extra distance between the docks and moorings can only help pulling in and out of the dock area. Thanks. Joe and Kari Matteo On Wednesday, January 13, 2021, 07:00:06 PM EST, Barbara Ruhnau <[email protected]> wrote: Dear Mr Thouin, We also support Mr. Tonn’s application for a variance to extend the moorings. Quite often it is very difficult to egress and ingress safely especially if it’s a busy day on the lake. Moving the moorings further out would help alleviate this problem. Thank you for your consideration, Barbara and Bill Ruhnau

Sent from my iPad On Jan 5, 2021, at 12:21 PM, Joe Thouin <[email protected]> wrote:

Dear folks,

Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore. The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.

Please feel free to submit any comments to me by email.

Thank you, and please take care.

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Joe Thouin

From: Deanne Clark <[email protected]>Sent: Wednesday, January 13, 2021 6:19 PMTo: Regina TreffilettiCc: Joe Thouin; [email protected]; joe matteo; [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

Dear Mr. Thouin, We are also writing in support of Mr. Tonn's application for a variance to extend the existing moorings at Carriage Hill to approximately 90’ offshore. As the owner/operator of a sailboat, we can attest to how challenging ingress and egress can be with the moorings in their current location. The situation is exacerbated due to larger motor boats travelling at higher than allowed speeds near or even in the demarcated no wake zone. Excessive wakes cause significant turbulence/high waves that create safety issues for Carriage Hill boats and every other vessel on the lake. The wakes from those larger motor boats cause the moored boats at Carriage Hill to be pushed toward the fixed docks and to sometimes swing rapidly/unexpectedly when we transit the mooring lines. The variance to move the moorings out would help to alleviate this issue and improve safety, though we would also love to see additional patrols and enforcement of the no wake zone speed limits so that everyone can more safely enjoy the lake. Sincerely, Deanne Clark & J.D. Keith On Wed, Jan 13, 2021 at 4:03 PM Regina Treffiletti <[email protected]> wrote: Dear Mr. Thouin: I am writing in support of Kevin Tonn’s application for a variance. I believe moving the moorings farther from the docks will allow for much safer egress and ingress for the members of Carriage Hill Lake Club. Thank you for your consideration. Regina Treffiletti

Sent from my iPad On Jan 5, 2021, at 12:20 PM, Joe Thouin <[email protected]> wrote:

Dear folks,

Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore. The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.

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Joe Thouin

From: Justin Clancy <[email protected]>Sent: Wednesday, January 13, 2021 9:08 PMTo: Joe Thouin; [email protected]; joe matteo; [email protected]; [email protected];

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: RE: Carriage Hil Mooring

Mr. Thouin,  I write to support my approval of this variance.  Approval will not only improve the safety of navigation in and out of the association docks and adjacent moorings as has previously been noted, but is consistent will LGPC Regulation 646‐1.1(c)(3) in that it will not interfere with normal navigation or reasonable access to adjacent docks, moorings or lands.  Thank you,  Justin Clancy 10 Carriage Hill Road Diamond Point, NY 12824   

From: Joe Thouin Sent: Tuesday, January 5, 2021 12:21 PM To: [email protected]; joe matteo; [email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected][email protected] Subject: NAR: Carriage Hil Mooring  Dear folks,  Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore.  The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.  Please feel free to submit any comments to me by email.  Thank you, and please take care.   Respectfully yours, Joe 

Joe Thouin Environmental Analyst

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Joe Thouin

From: DONNA ADAMS <[email protected]>Sent: Wednesday, January 13, 2021 7:02 PMTo: Nycap.rrCc: Joe Thouin; joe matteo; [email protected]; [email protected]; casavant92

@aol.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Subject: Re: NAR: Carriage Hil Mooring

Cannot agree more! 

Sent from my iPad   On Jan 13, 2021, at 6:20 PM, Nycap.rr <[email protected]> wrote: 

Please know I think the dock extension would be a great improvement.  It is tight and sometimes vision is obstructed when you’re pulling in and out.  We have a number of young families and grandchildren on our boats.  This would make for a safer exit & entry.  Thank you for your consideration. Anne Trimble  

Sent from my iPad   On Jan 5, 2021, at 12:21 PM, Joe Thouin <[email protected]> wrote: 

  Dear folks,   Please find attached a notice of availability of review for an application to extend existing HOA moorings at Carriage Hill to approximately 90’ offshore.  The proposed request will result in moored vessels extending more than 100’ offshore, and as such the application requires a variance from Commission regulations.   Please feel free to submit any comments to me by email.   Thank you, and please take care.    Respectfully yours, Joe   

Joe Thouin Environmental Analyst