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HomeMy WebLinkAboutTR-06/05/1979 347 A regular .meeting of -the Board of Southold Town Trustees was held at .7:30 p.m. , Tuesday, June 5, 1979 at the Town Hall, Main Road; ' Southold, New York. Present were: .President- Philip,- G. Horton Trustee' Scott Harris Trustee Anna Hataier Trustee John Nickles Trustee Paul Stout•enburgh- Jarvis :Verity, President, Southold Town Baymen' s Assn. -- Edward Hallahan, Southold Town Baymen' s Assn. Loraine Terry Trustee Hataier made a motion, seconded by .Trustee .Stoutenburgh and carried to approve the minutes of the regular meeting .of May 1, 1979. Trustee Stoutenburgh .requested that all letters .sent out by the clerk be copied and sent :to the trustees. . . On motion made by Trustee Hataier, seconded by Trustee Nickles, it was RESOLVED 'to approve the application of Christopher Gudis to place additional float off floating dock, at private -property of the ✓ applicant at East Creek. Vote of the Board: Ayes: Horton, Harris, .Hataier, Nickles Stoutenburgh Mr. Frank Hundley appeared at the meeting and presented .the following letter to be .entered into the minute.s .of the meeting. tme 5th- -1979 Board of,- Trustees Town of Southold Town Hall Southold, N. Y. 11971 Gentlemen: This inquiry is prompted by the item published by the Suffolk Times on May 31st, 1979 which listed the "Albert Arias application to place,-.an - "off-shore" stake with .a pulley line to,- "On-shore" stake off property of Goose Bay Civic Assoc. , with -permission of Association" . I am a waterfront property owner in Goose Bay Estates and have been so for twenty-two years. I was active with .the Association until a few years ago. I am not a member at the present time and speak as an individual citizen. First, I would like to refresh your memory in regard to Goose 348 Bay Estates. This area was opened in 1934 by the Oliver .Bros. and was filed'- as-. .a development as •shown- on Suffolk .County Map #1176. About- 12 years ago I researched all .,the original deeds delivered by Oliver and found that every parcel -.sold,:was- covered ,by' identical terms no matter whether the property was on water front or upland. In part they read "all the rights, title and interest in and to that portion of land lying in front and adjacent to said plots (waterfront) to the mean high water of Goose Creek, subject to the right of other owners of lots (upland) on said -map to pass over and use the same" . There is another section which spells out that only the owners of waterfront ,property ,have .a deeded right to erect a dock on the common waterfront strip which' was 48 feet at that time from building line to high water mark as shown on Map #1176. I wasn't around h.ere .in 1934 but I have been- told by old timers who are ,no .longer here that from the b nn egiing "there were squabbles about mooring boats but it did not become a problem until the creek outlet was opened for use by small motor boats. This channel was made through the efforts and money provided by the newly formed Goose Bay Civic Association in 1948/49. Unfortunately, all of the - property owners did not join in this effort and the friction between . waterfront'- and 'upland owners in- regard to 'the use ' of the -waterfront continued until it reached a serious problem in 1967/68 when the Town of Southold started the mooring permit program. This mooring problem was partially- answered-by the Association: proposing a plan in which the waterfront would be -divided in enough, -mooring spaces to take care of the maximum number of upland property owners in Goose Bay Estates and still have room for the waterfront property owner to have a- dock if' need be.—This map and suggestion was presented to all property owners and to the Town Trustees in a letter of Oct. lst, 1968. This finally resulted in a public meeting on March 17th, 1969 at mhich many pro . & con opinions were offered. The Trustees finally decided to accept the proposed mooring map as their guide and agrreed to insist that the individual waterfront owner involved must agree in writing before a mooring permit would be granted. This plan has worked for 10 years with not too many fireworks.. and I_ suggest that it be continued. I raise questions on this application for these reasons: 1. Goose Bay Civic Assoc. does not own any real estate and has no standing in the matter. 2. The Association does not have any legal authority to represent me or any other property owners to approve or­disapprove .the installation of moorings. 3. . The.- present application is vague as to, the location of the mooring. 4. When it is decided where the "on-shore" mooring will be placed the location -must be :agreed to by that :water front owner-,-- not the association. Due to the provisions of the deeds, which I believe are peculiar to Goose Bay Estates, I request that this application be temporarily.held up pending atfurther investigation and possible rewriting of the application to agree with previous practices. 349 Personally, I :would .like to see each' upland .property owner in Goose Bay Estates have a boat mooring if he wants it bu.t pit .should beat the discretion of , the waterfront -owner, as -it is . commonly done in other localities, and hope that Mr. Arias will get a mooring in time to enjoy this summer season. Respectfully, /s/ Frank G. :Hundley On motion made by Trustee Hataier, seconded by Trustee Nickles,. it was RESOLVED to approve the application of Albert Arias to place offshore stake with pulley line to onshore stake off property of Goose Bay Estates with the condition that a letter be presented to '� L the Board from a waterfront owner giving Mr. Arias permission -to place his stake in front of this owner' s property. Vote of the Board: Ayes: Horton, Harris., Hataier-, Nickles, Stoutenburgh On motion made by Trustee Nickles, :seconded by. Trust.ee .Harrris; it was RESOLVED to grant permission to Frank Pileski to maintain a dock at the end of Rochelle Place at James Creek with the provision _ that .a letter be obtained by Mr. Pileski that there is no objection to the dock from .other property owners in the Lyda Bartley develop- ment who have deeded rights to this right-of-way. Vote. of-�the Board: Ayes: Horton, Harris, ' Hataier,� Nickles, Stoutenbur.gh Mrs. Virginia Van Bokkelen will be written that if she can secure / a similar letter the Board would entertain an application from her for a dock. On -motion made by Trustee Harris, seconded by Trustee Nickles, it was RESOLVED to approve the application of Harold I. Thomas to relocate dock off private property of the applicant at Corey Creek said dock to be 3 feet by 15 feet and it will take it a foot off the property line. Vote of the Board: Ayes: Horton, Harris,. Hataier, Nickles, Nay: Stoutenburgh On motion made by Trustee Harris, seconded by Trustee Nickles, it was RESOLVED to approve the application of Harold I. Thomas to 350 dredge an area no deeper than five feet -in. fr.ont .of private- property`-of .the`.avolicant at, Corey Creek'. This action) i:s subject to receipt' of .wetlands permit" from the Town of. Southold.-".- Vote of the Board: Ayes: Horton,—Harris, Hataier, Nickles Nay: Stoutenburgh Mr. Stoutenburgh voted in the negative in the above resolutions because of possible - salt water intrusion from the project. The following letters were received from the Southold Town Baymen' s Association, Inc. ­Mrr1. 'Jarvis' :Ver.ity, President, and"-Mr. •Edward Hallahan attended the meeting .to represent the Bayinen' s Assn.( Gentlemen: .` We hope you may agree that this thought is for the well being and safety _of` skin .divers,. * The Baymen' s Association,members- believe there should be a Town ruling -or .law prohibiting persons from skindiving for scallops or hard clams. Aside from the divers' harvesting scallops out of season,-- the main concern is that these divers do not abide by their own safety rules, such' as having a boat and buoy anchored at the ar.ea' where .they .are diving. An unaware power boat operator could very seriously injure or worse still, kill a diver. Please take appropriate action that you deem necessary... . Another subject which w-ould yin: its own way contribute to having a better stock'­of fish for -the sports minded and commercial'"fisher- man of the North 'Fork area' is' as- fo11c rs : Prohibit by Town rule or law out of towners netting killies, spearing and sand eels in the creeks under control of Southold Town. Depletion of this natural food supply to the- :migrating fish population is sure to result in an acute shortage of fish for the sports minded and commercial fishermen: Please instruct 'your Bay Constables to discourage this practice by explaining to violators the consequence of the continuance of this netting practice. We believe the Town of Southold wants our North Fork to be an active resort area. This thought could help. Respectfully, L SOUTHOLD TOWN BAYMEN'S ASSN.INC. ` Jarvis Verity, President Gentlemen:' There are always those persons who knowingly or not care Less whether they take--Blue Claws Z11 abreast, ;illegal. hard' clams; scallops out of season, steamers-.so small the "shells can be eaten, etc. There are also those persons who have no regard for the erosion created by navigating a boat in the creeks at 15 - 20 miles per 351 hour. Quite a number. of times a commercial clam. man has had to ... stand on tiptoes or have his , waderrs. filled up. . Slightly provoking, no? These above named violations are just a few of many things that can, be ,partly prevented. The term "Town Bay Constable" in our interpretation, means the. . patroling of Town controlled waters. The solution that the Southold Town Baymen' s Association feels might be of a helpful nature- would be to place the Bay Constables in the, areas where violations. are taking. place. , We don't say it is in our hands to. ju.dge and to prosecute each violator, but we do feel we should make a report back to the Town so that the violator be notified by mail from the Southold Town office that he is on record as a violator. Additionally, it- was further expressed that the Association, through your office, and with a recommended merit report from the Dept.. of. Environmental Conservation, appoint members of the Baymen' s Assn.. to assist your Southold Town' Marine division in the effort to enlighten the local residents and visitors as to what is required of them-.in the Town waters. These members could .be _$l a year assistants which.' is in reality,. VOLUNTEERS: Please do not take this lightly. The Association spent considerable time at its meeting and feels it is time a- forward step be taken. The Executive. Committee will be available for a_meeting at. your. earliest convenience. Regards again. SOUTHOLD TOWN BAYMEN'S ASSN.INC. /s/Jarvis Verity,. President Trustee Stoutenburgh made a motion that the .Board of' Town Trustees recommend to the Town Board that an ordinance be considered in regard to scuba diving that-.a standard flag be used whenever anyone is diving in town waters. Trustee Harris seconded the motion and it was carried. The Board of Town Trustees. unanimously concurs with the above r/ two lettem from the Southold Town Baymen' s Association, Inc. and this information will be transmitted to. the Town. Board. The Southold Town Trustees had forwarded a. letter from the Riverhead Town Bay .Conservation Association requesting a le.tter .of support iri its effort to gain-control a portion of bay bottom for a hard. clam transplant program in a seven year lease to the Southold Town Baymen' s Association for its comments and recommendations. The following letter was received from Jarvis Verity, ' President, Southold Town Baymen' s. Association, Inc. June 1, 1979 The plan proposed by the Riverhead Bay Conservation Association . suggesting that an area of. the bottom of Peconic' Bay be rented for the purpose of clam transplant is not feasible or legal. 352 The first and foremost. reason for objection. is that there .is a law , on the- books of the DEC prohibiting the .disturbance of any State bottoms `.that are a proven ,commercial source of Bay Scallops. The waters of the Peconic Bays. are legal State areas that are- open to all licensed baymen of New York State. , Depriving access to portions. of State waters through bottom rentals does not seem equitable. The article .in the "Suffolk Life" - reads .that "the organization making this request_is not a bone fide Baymen' s .Associatimi,' /consisting of mostly N. Y.S.-licensed clam. and .scallop harvesters" . A' point of view to be noted .is the comment made by the .President of the Riverhead Bay 'Conservation Association that 1199% of his groupl.s membership go clamming to pick up extra money or put a nice dinner. of clams on the table" . Apparently, the quoted 11999/o hold steady jobs and are'.not committed commercial baymen. Thus; why not, for.. instance, -,has. this ._"group'! not titled itself a "baymen' s association"'? The giving of- consideration to an, application of such ..important .- status by the DEC, who themselves have stated that they have been unable .to establish a lease for any organization- in the- last ten years, would seem to be. in very poor. .judgment. We sympathize with the Riverhead baymen in their plight in this instance regarding the clam problem. Let' s not make this situation lead to a more explosive problem when the time again returns to the , scallop season! This is in part a case of protection for the incomes of our local commercial Bagmen. In short, please do not express your approval of this project. Respectfully, SOUTHOLD TOWN BAYMEN'S A.SSN.INC. /s/ Jarvis Verity, President P.S. Please supply us with a copy of your response to the Riverhead organization making the request for your help. The Board of Town Trustees reviewed this matter and the recommendations of the Southold Town ..Baymen' s Assn. The Board / sympathizes with the problem confronting this organization but feel the clams should be put in an area ,that does not conflict with scalloping.. ',_ The Southold Town Baymen.' s Assn._ feels' that the . area is too large and should..be 'cut down. In the -discussion..with the ,Baymen'.s Assn. '-the Town Trustees concur with their .thinking. On motion made by Trustee Hataier; seconded by Trustee Harris, it was �33�1 RESOLVED -to approve the application -of ,Sam Ganshaw to place buoy off private right-of=way at_,Deep Hole C repx su ject to '.the applicant using a conventional .mushr..00m anchor.- Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh 353 On motion made: by Trustee Hataier, seconded by Trustee Harris, it was , :kx y RESOLVED. to approve the application of Warren P.. Horton to place offshore stake. off:'bulkhead. at public property. at Gull Pond. Vote' .of the Board: Ayes: Horton,. Harris,- Hataier:;- Nickles., Stoutenburgh ' The Bay Constable will be requested to number the spiles at the public property at Gull Pond. On motion made by Trustee Stoutenburgh, seconded by Trustee Hataier, it was RESOLVED to approve the application of Edward L. Betz to place mushroom mooring off public property at Little Creek with the conditions that. he will be responsible for not being in the way of '�G anyone else and at no time .will: the boat swing into the channel. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh On.motion made by Trustee. Stoutenburgh, seconded by Trustee Harris, it was RESOLVED to approve the application of William E. Bond to ' ' place offshore stake with pulley line to onshore stake at Narrow" S% .`3 9 River leased property if there is. room available.. ' �� ✓ Vote of the. Board: Ayes.:--Horton, Harris, Hataier, Nickles Stoutenburgh On motion made by Trustee Stoutenburgh, seconded by Trustee Hataier, it was RESOLVED to approve the application of William Cole, Jr. to ! � place offshore mooring off private property of the applicant at i Goose Creek subject to the condition that ,at no time will the. boat be allowed -to swing into the channel. Vote of the Board.: Ayes:. Horton, Harris, Hataier, Nickles Stoutenburgh 354 On motion.=made' by.� Trustee Stoutenburgh, seconded, by Trustee Harris, it was 'I RESOLVED to approve the.-,application of George Kendall"to .place 3 �\ mushroom"mooring. off publict.:property at. Mattituck •Creek(..with•-access 3 by inflatable dinghy with the condition that the boat will not interfere;-with any otherr-.boats moored in that location and will not at any time swing into the..chanhel-. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh On motion made by Trustee Hataier, seconded by Trustee Harris, it was RESOLVED to approve the application of Mildred I. Filardi to place floating dock off private property of the applicant at Town � f Creek. Vote of the Board: Ayes: Horton, Harris, Hataier; 'Nickles Stoutenburgh On motion made by Trustee Stoutenburgh, seconded by Trustee Hataier, it was RESOLVED to recommend-to they Southold-. Towri Board .approval of Wetland Application #38 of Thomas E. Fox to fill back yard marsh area at private property of the applicant with the following conditions. 1. The filling should not go further than 'the existing- fence.. 2. The fill `be retained by a suitable structure. 3. No additional fill be placed in the future. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh . .'The. previously '-approved application of William and( Rita Hilton to place a '-dock in Long Creek was reviewed. The DEC has stated that they must have approximately 175 feet of' el'evated catwalk. The Hiltons will be informed that this is not in the jurisdiction "of :the Board' of Town Trustees and the matter will be referred to the building inspectot for his determination. Trustee Hataier made a motion, seconded by Trustee Nickles and carried to approve the renewal of the following permits for the month of July subject to receipt of •the $5.00 renewal fee. 355 Geraldine'-Berge Fred :R. Bruch- John J. Bondarchuk Anna Hataier John A. Citera Anthony R. Izzo Ralph F. Crocker Alexander LeDonne William E. DeBruin Jerome B. Lewin Joseph P. Getches William Pappas Herbert Greenfield Donald .B. Rose Stanley Grzesik George Santis Rosalie Lahmann Joseph .F. .Smulcheski Otto Macomber Achilles Stachtiaris Norman McCook John .E. Stimmel Marilyn .Schmitt :Conrad Volinski Jane T. Taggart Michael Zukas Michael F. Zukas David P. Moore Dolores E. F. Brady -Burke E. Liburt Trustee Harris directed the clerk to write to Wes BednoskV and instructed him to remove his boat and stake immediately-, froin the Narrow River location. There being no further business to come before the board, Trustee Hataier .made a motion, seconded by Trustee Nickles .and carried to adjourn the meeting. Meeting adjourned at 10:30. p.m. Respectfully submitted, Muriel Brush, Clerk