HomeMy WebLinkAboutTR-07/17/1967 30
MEETING OF JULY 17 , 1967
The Southold Town Trustees .met at the Town Clerk Office, Southold,
N.Y. on Monday, July 17 , 1967 , at 7 :30 P.M. Present:. Frank Dawson, John
F. McNulty, Sr. , Douglas Robertson, Alvah B. Goldsmith and Marion Regent,
Secretary.
The minutes of the meeting of June 12 , 1967 were read and approved.
Mr. Henry G. Stenson_ of Mattituck, New York, appeared before the Board
to discuss the situation at the Mattituck Inlet .Marina and Shipyard
directly across the creek from his property. The Board had visited this
Marina previous to the meeting and will ask the owners to submit an
application showing the proposed improvements and changes.
After a discussion on the Laughing Water bridge which has been erected
in Corey Creek, the following letter was sent to Mr. VanTaggert, Pres-
ident of the Association:
Dear Mr. VanTaggert;
We were informed that the Laughing Water Property Owner ' s Assoc-
iation intends to put electric controls on the new bridge, which is to
be left open except when being used by pedestrians.
Will you please advise us when th-is--device will be installed
as we have had several inquiries pertaining to this.
�1� � - V ` ery truly yours,
The question of how much to charge Mr. William Beebe for the fill pumped
on his property behind dykes which he erected on the easterly side of
Eugene ' s Creek was discussed. In order to determine the amount of fill
accurately, a letter was sent to Mr. Barney Evans, Department of Public
Works, Yaphank, N.Y, asking for this information.
The following letter was sent to the Oyster Ponds Rod and Gun Club in
answer to their request for the status on their application to dredge
a channel in Hallock ' s Bay-Narrow -River, Orient, N.Y. :
Gentlemen;
We have your letter of June 6, 1967 and a copy of the letter
from Supervisor Lester M. Albertson, dated June 13 , 1967 .
The Board of Trustees has temporarily tabled the application
of your organization pending 1. ) The results of a preliminary survey
by the county engineers to determine the conditions that would be
encountered and the extent of disposal areas on the state park side
that might be available to take the fill, and 2. ) The outcome of the
study being conducted by the various universities in the Goose Creek
.Area as to the results of dredging on the ecology of the area.
As soon as this information is submitted and studied, the
Board will advise you of the results.
Very truly yours,
Application of Karl & Helen Dimig of Beebe Drive, Cutchogue, N.Y, to
build a small dock on the man-made canal on the property of .William
Beebe was waved in view of the particular conditions in that area.
_ 3l
The following permits for stakes were granted: f
. Nicholas Rubat - 1 stake - Town Creek, Southold, - $.50 /
John A. Wolfteich - 1 stake - Town Creels, Southold, - $. 50
Application of Alfred Melchione and Helen Melchione for four moorings
and a dock 2 x 3 ' in Goose Creek in front of their property was granted.
Fee $12.00.
Application of Richard Redden fora mooring, a dock 50 ' x 5 " and two
stone jettys in Goose Creek in front of their property- was granted.
Fee $25.50. J
,Application of Robert. Duane Horton to build a dock 40 ' x 15 ' in Richmond
Creek, Peconic, in front of his property was granted. Fee $27.50. ►�)'� ^
Application of Dillaye 'D. Kruse to .build a dock 20 ' x 3 ' in Muc .Creek,
Cutchogue, in front of his property was granted. Fee $10.00. l//
The following resolution was adopted unanimously by the Trustees :
RESOLVED: That the Southold - Town Trustees require that .Mr. William .Victoria
proceed without delay to remove from the town waters of Corey Creek,
. Southold, all that fill beyond the boundaries contained in the following
description and in the manner outlined therein:-
BEGINNING at a point on the boundary line between land of William
.Victoria and land of Koke Estate, said point being 1038.77 feet south-
westerly along said line from the southwesterly line of Main Bayview
'Road; running thence southeasterly on a line at right angles to said
-boundary line 200 feet; thence deflecting to the left sixty degrees (60?:,)
and running northeasterly about .530 feet to the westerly side of a boat
basin the last two courses above described to define ordinary high water
mark following necessary dredging and filling, which process shall result
in a normal slope of the beach line, leaving a depth of about 12' of water
along the line of the existing high water mark.
A letter was sent to Mr. Victoria containing the resolution, the descrip-
tion and a map which was prepared by Robert A. Kart, Land Surveyor,
showing the high,,Ywater mark on August 29, 1962 and the high water mark
on August '17, 1966, asking Mr. Victoria to advise the Trustees prior
to the next Trustee Meeting of August 7 , 1967 , of his intention to comply
with this request. Copies of the letter, together with description, resol-
ution and map were forwarded to the Southold Town Board, Planning. Board,
Attorney Robert .Tasker and .Attorney Arthur Lundberg.
Adjournment was at 10 :30. P.M. /hq vtc�
,.Marion A. Regent, cretary
Southold .Town Trustees
LAUGHING WATER PROPERTY OWNERS ASSN., INC.
SOUTHOLD, N. Y. 11971
July 220 1967
Board of Town Trustees
Town of S:buthold
Suffolk County, N.Y.
Att: Mr. Alvah B. Goldsmith,- President
Dear Sir :
In reply to your letter of July 19, we wish to
advise that the electric controls for our bridge have
been ordered and as soon as they are received they will
be installed for the convenience of our boat owners.
We expect that the work will be accomplished some time
this coming week.
We are sorry for any inconvenience this may have
caused.
Very truly yours,
C
Van Taggart, President
vt/mrc
I
1.
July 8, '1968
Shanley & McKegney
Counselors at Law
233 Broadway
New York, N.Y. l0007
Dear Mr. McKegney;
Because of the excellent manner in which
your firm represented the Nassau Point` Property Owners
Association in the protest of the dredging operations
'of Breadwaters Cove' late in 1965, the Board of Trustees
is now writing to find out if, you .would be interested
in' representing them in a .problem arising from dredging
operations in nearby Corey Creek,' Southold, L.I. , N.Y.
In brief, 'we are planning W. initiate court
action against a property owner adjacent to the waters
of Corey Creek due to the fact that shortly after the
dredging, this dredged material was bulldozed back into
the creek with the result that this property owner has
acquired, through illicit means, about two acres of- land.
The Board of Trustees has served notice
that this property owner must redredge the material
back to a- certain boundary line at his own expense.
This he has refused. to do and the Board of Trustees
feels it must''go to court in the matter to obtain re-
sults.
Would you be kind enough to reply at your
earliest convenience.
Very truly yours,
Southold Town Trustees
Mrs. Marion A. Regent, Sec.
Mrs . Marion A. Regent
. July 9, 196$
Page 2
ressl or impliedly
7 . Did the Town Trustees either
the
eedredged material back
give permission to the owner to bulldoze
into the creek or are they guilty of any conduct which could be con®
strued as granting permission.
-8. is there in existence or could there be obtained a
survey showing the conditions which existed
previous t? the bulldoz-
ing operation and the conditions which presently
As soon as you are able to furnish me with the accurate knowledge
I would like to confer with someone with an ersonal physical inspection as
facts and would also wish to mc�rtain that any allegations in papers
I would want to be absolutely
to be prepared would be absolutely correct and beyond dispute.
If the facts are as I suspect���oappa�entlycontents
arrangedour
letter, it seems to me that the property owner
on his land with the dis-
with the dredger to have the spoil P just what he did in order to
closed or undisclosed intention- of doing j
his property line, obtain 2 acres of landon topfrom aofrproperty�l _
extendlacing it
that belongs to the Town Trustees and p
bed of creed) which also belongs to the Town for whom Town all iTrustees
viola-
tion of the rights of the property owners
hold in trust.
We will await your reply.
Very truly yours ,
Osborne A. McKegney
OAM: im
SHANLEY & McKEGNEY
COUNSELORS AT LAW
WOOLWORTH BUILDING
2 3 3 B R O A D W A Y
NEW YORK,N.Y. 10007
CORTLANDT 7-6757,
OSBORNE A.McKEGNEY WILLIAM C.SHANLEY, JR.
COUNSEL
July 9, 1968
Board of Town Trustees
Town of Southold
Suffolk County, New York
Att: Mrs . Marion A. Regent
Re: Corey Creek Dredging Problem
Dear Mrs . Regent :
This will acknowledge receipt of your letter of July
8th in the above matter. We will be pleased to represent the Town
Trustees provided that in our opinion the Town Trustees would have
a reasonable probability of success. It will be necessary for you
to furnish us with more facts than appear in your letter. Will
you be good enough to send us more detailed information with respect
to the following:
1. Who conducted the dredging operations in Corey
Creek?
2, Under what authority?
3. Was it necessary to have a permit from the army
engineers and if so, did the dredger have such a permit?
4. Was it necessary to have a permit from the Town
Trustees and if so, did the dredger have such a permit?
5 . If, the dredged material or spoil was deposited on
the property owner's -land, did he give permission for such deposit?
6. When the dredged material was bulldozed back into
the creek, did the Town Trustees know of the operation and if so,
why didn' t they stop it?