From left Village Trustee Nancy Jones, Trustee Ben Troche, Mayor Randy Holcomb, Trustee Richard Fischer, and Trustee Ellen Barnes discuss matters Monday. P-J photo by Michael Zabrodsky

LAKEWOOD – During his mayor’s report to the Lakewood Village Board of Trustees, Randy Holcomb commented on the South Basin of Chautauqua Lake.

The South Basin, also known as Burtis Bay, has been an area of concern for property owners as the New York State Department of Environmental Conservation has recently said it is proposed to become a wetlands.

On March 7, Holcomb was invited by State Sen. George Borrello to attend and participate in a meeting with County Executive Wendel, as well other elected officials, to meet with the NYS DEC Regional Director Julie Barrett O’Neill and DEC officers to discuss state wetlands law and lake concerns.

“The DEC officials explained that the recent Chautauqua Lake wetlands declaration, regarding the southern basin and the Burtis Bay area of the lake, occurred because the natural density of that part of the lake now falls into the description of wetlands. Ms. Barrett O’Neill especially explained, several times, that there are no wetlands being created, nor planned. The DEC stated that this is not a push-the-panic-button moment,” Holcomb said.

In 2022, according to the DEC, Gov. Kathy Hochul signed into law historic revisions to New York’s Freshwater Wetlands Act. New York’s original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of the old, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, bogs, and flats – that support aquatic or semi-aquatic vegetation.

“It is likely that much of the South Basin will be considered regulated wetlands, particularly the shallow areas containing submerged vegetation ringing the shoreline. The process of delineating New York State regulated wetlands is guided by New York’s delineation manual and focuses primarily on an evaluation of the dominant plants growing in a particular area,” TJ Pignataro, DEC Assistant Public Information officer, recently said on March 2.

Holcomb said the DEC said that existing seasonal docks that have been put out every year will still be allowable at no fee.

“Possibly, stressing possibly, there may be a fee for new docks installed in the lake in following years,” Holcomb said as explained to him by DEC officials.

Trustees did not comment on Holcomb’s report.

In an article published Tuesday in The Post-Journal, Borrello echoed Holcomb’s thoughts. Borrello said he had been in talking with the DEC about ensuring any wetland designation doesn’t impact property owners or the recreational use of the lake.

“They have assured me that any changes will not impact existing usage and activities. For example, anyone who has a dock, whether it’s permanent or seasonal, will not be impacted. New York state’s tendency to overregulation is well-known, which is why we will continue our dialogue with DEC as the regulatory process moves forward. However, I believe their assurances should satisfy our concerns for the moment, with an understanding that we will continue to monitor the process to make sure they deliver on their commitment. As more questions arise, we will continue to advocate for all who have invested in our community and enjoy our lake,” Borrello said.

In other business:

Trustees approved the LaBella Associates proposal for a Lakewood Volunteer Fire Department Plan and feasibility study. The agreement is for $46,000 and an additional $1,000 budget allowance for reimbursable expenses. On Jan. 8, trustees approved a measure to create an LFD Project Task Force which sought a qualified professional consultant to review and evaluate the existing LFD facility, make a building conditions assessment, assess potential options for expanding the current space, provide conceptual design work, estimate costs, and produce a feasibility study. The fire station is located at 37 J.W. Packard Blvd.

Trustees approved the hiring of Mason Kubinski, 88 S. Alleghany Ave., W.E. as a a full-time parks employee at $18 per hour.

Trustees tabled the discussion regarding a proposed postponement of the board’s April 8 meeting.

Trustees approved a special music permit on July 20 from 7 p.m. to 11 p.m. at 59 E. Terrace Ave.

Trustees heard concerns from Peter Conley, 307 Oak St., about vehicles tracking mud at 306 Oak St. Conley said there is excessive mud that is on the street and as a result, his vehicles track mud onto his property. Holcomb said he will look into the matter.

Trustees are scheduled to meet next on March 25.