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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?