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HomeMy WebLinkAboutTR-05/14/1973-S 73 M I N U T E S BOARD OF SOUTHOLD TOWN TRUSTEES ' SPECIAL MEETING May 14, , 1973 A special meeting of the Board of Southold Town- Trustees was held at 9:00 A.M. , Monday, May 14, 1973 at. the 'Town 'Clerk ' s Office, Main Road, Southold, New York, with the following present: Alvah: B. Goldsmith; Chairman Douglas" M: Robertson Philip G. Horton -Rudolph Johnson Frederick E. Gordon Judith T. Boken, Secretary The Board thoroughly discussed proposed letters -to J. J. 'Spagnoli of the New York State Department of Environmental Conservation, and to Thomas Samues, President -of James H. Rambo, Inc.- On motion of Mr: Robertson, seconded by Mr. Gordon, - it was RESOLVED that-the following letter be forwarded to John J. Spagnoli, Local Permit Agent, ' New York State Department of -Environmental Conservation, ' Building #40, State University of New York, Stony Brook, New York: "It has come to our attention that work being done for Mr. Julius Juttner of Mattituok; New York, by James` H. Rambo, Inc. , has been brought to a halt by Mr. David Hurley, a representative of your Department. We regret to learn that this drastic action has been taken against Rambo, Inc. without being informed of the nature of the complaint in detail. This Board has 4,ranted to Mr. Juttner a perfectly valid permit, authorizing him to accomplish a specified project within the jurisdiction of this Board; -which - is a lawful department of local government, created by patent law, and affirmed by New`'York•,State Law At subsequent times: Since our joint goal seems ' to be -much=-the same - 'in protecting the natural resources of our local heritage - we -would welcome the 74 opportunity to discuss with you at the earliest opportunity any differences of opinion or misunderstandings which may tend to obstruct our mutual efforts in this area. Kindly let us know, if you would be able to attend a special meeting of the Board- of Town' Trustees:;.. to be. convened here at the Town Clerk ' s Office in Southold, at a date to be set by you; or any other means which would- being_ us:.together for such a discussion. " Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. On motion of Mr. Johnson, seconded. by Mr. Horton, it was RESOLVED that the following letter be sent to Dr. Thomas Samuels, President, James H. Rambo, Inc. , Wunneweta Road, Nassau Point, Cutchogue, New York: . "At .our regular, meeting one-May 8th, we noted with.- grave concern your report that .the work in progress for Mr.. Julius ,Juttner under our Permit No. 772 had been-brought to a halt, under threat bf criminal legal action, by a_.representative .of the Department of Environmental Conservation. We can also appreciate the confusion which may now exist in your formulation of what procedure to follow in resolving this problem. "In reply to your queries and perhaps to clarify your position and future direction in this matter, we beg to offer the following indisputable facts : (1) The authori_ ty, of, the "Board of Southold" Town_ Trustees stems from the Andros Patent granted to the Town of Southold in 1676; ..confirmed in the New York State Constitution;"when originally adopted; organized and established.-in- its present form by. pact.,of. Legislature in 1893 ; -and ,re-affirmed- by act- of,.Legislature as "late. as 1952 . (2) The validity- of the- permit issued..is as complete at . present as ",it;has;bee.n in the more; than..7:70 permits previously issued by this Board under"which;-work-,.has been accomplished over this long span of years with- out- contest. (3) . The. authority granted, to- this- Board has never been terminated or abrogated-within any..r.ecent scope .-of our.knowledge. (4) Although the permit has . been-issued" to-Mr. Juttner, , we intend that it extend to any contractor employed by. Mr. , Juttner. acting as.,his agent in.-.carrying -put the _specifics, -of the permit. 75 Until we are informed to the contrary either by direct communication from the Department -of - Environmental Conservation, or from some other source such as a declaratory judgment, it is the consensus of this Board that you as well as Mr. Juttner are correctly authorized in our permit to proceed with the work as specified. At the time of this reply, we do not know upon what grounds, or to what extent, the Department of Environmental Conservation has ordered you to desist in this work, but we are currently in the process of trying to arrange a meeting with the District Director for this region to determine the nature of the .problem involved. " Vote of the Board: Ayes : Mr. Goldsmith, Mr . Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. Meeting adjourned at 9 :40 A.M. Judith T. Boken- Secretary