HomeMy WebLinkAboutTR-06/04/1973 76
M I N U T .E S -
BOARD OF SOUTHOLD TOWN ,TRUSTEES
Meeting of June 4; 1973
A regular meeting -of the Board'--of Southold Town Trustees was :-Yield
at 7 :30 P.M. , Monday, June 4, 1973 at the Town .Board meeting room,
16 South Street, Greenport, New York, with the following present:
Alvah B'." Goldsmith, Chairman
Douglas M. Robertson
q Philip G. Horton
Rudolph Johnson
Frederick E. Gordon
Judith T. Boken, Secretary
Also present: Mrs. Evelyn S. Gordon representing the North Fork
Taxpayers Association.
A large delegation of residents from the Bay View Avenue and Shore
Acres area, Mattituck, appeared to protest the temporary permit
issued to Edward Hallahan, Depot Lane, Cutcho4ue, for permission to
place a 6 ft. by 32 ft. floating dock and 3 ft. by 64 ft. floating
ramp and 4 mooring piles in Mattituck Creek at the foot of Bay View
Avenue, Mattituck.
Letters of protest were received from:
Mrs. Gustave Kimmins, Box 518, Mattituck
Mr. & Mrs. Louis A. Ziegler, Bay View Ave. , Mattituck
Mrs. R.. H. Bassford, Box 465, Mattituck
Eunice R. Butterworth, Box 674, Mattituck
Mr. & Mrs. Michael Schulam (across the inlet) ,Mattituck
Howard L. & Ireme M. Wells , Shore Acres, Mattituck
Mrs. L. Patricia Lesnikowski, Inlet Haven, Mattituck
Elizabeth Uhlemann, Shore Acres, Mattituck.
Mr., Goldsmith explained to those present that he had spoken with
Mr. Hallahan on the second day he started work on his float and
ramp, and Mr. Hallahan stated he had heard of the objections and
would stop work and remove the dock and float and would look for
another location, as he did not want to cause a disturbance in
the area if the residents objected.
Mr. William Smith, Mr. Louis Ziegler and Mrs. Howard Wells all
spoke in opposition, questioning the use for commercial purposes,
blockage of the water at the entire road end, responsibility if
injury occurs, Town and State jurisdiction, and time allowable for
removal of the dock and ramp.
77
Everyone having had an opportunity to speak, Mr. Goldsmith thanked
them for coming and expressing their interest in this matter
On motion of Mr. Horton, seconded by Mr. Johnson, it was
RESOLVED that Temporary Permit No. 867 dated April 2 , 1973 , issued
to Edward Hallahan, Depot Lane, Cutchogue, New York, for permission
to place a 6 ft. by 32 ft. floating dock, 3 ft. by 64 ft. floating
ramp, and four mooring piles in Mattituck Creek at the foot of
Bay View Avenue, Mattituck, New York, be and hereby is rescinded,
as this structure would cause an undue hardship to residents in the
area, many of whom have deeded rights . to .the beach at this location.
It is further RESOLVED that any construction which has been started
on this dock and ramp must be removed completely by June 18,. 1973 . **
Vote of the Board: Ayes : Mr. . Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon. **A refund of $37 .40 be sent to Mr. Hallahan.
($42.40 permit fee, less $5..00 filing fee. )
Mr. Norbert Rademacher appeared before the Board to discuss his
application for four moorings at Goose Greek, -Goose Bay. Estates,
Southold.
On motion of Mr. Gordon, seconded by Mr. Robertson, it was
RESOLVED that Norbert Rademacher, 85-25 66th Road,, Rego Park,
New York be granted permission to place two offshore mushroom .
moorings, one offshore stake, and one onshore-offshore mooring
in Goose Creek, in front of his property. on Oak Avenue, Goose Bay
Estates, Southold, New York (two of the moorings to be #5 and #6
on the Goose Bay Civic Association Map) , all in accordance with
the detailed specifications? as presented in the originating
application. Fee $5.00.
Vote of -the Town Board: _ : Ayes : . Mrp Goldsmith, .Mr: : Robertson, , Mr.
Horton, _Mr.. :.Johnson, . Mr. .�Gordon.
On motion of Mr. Horton, seconded by Mr. Johnson, it was
RESOLVED that Robert. J. Melchione, 14 Spencer Way, Kings Park,
New=York;= and..Alfred- _-Melchione, -655 . Hummel.Avenue, Southold
be granted permission to enlarge existing'- dock from 20 ft. by .
3 ft. to :60 ft. by =2z ft. , . and .place .an- onshore-offshore mooring
and offshore * mushroom. mooring in Goose -'Creek, ,in front of their
property_-onjOak:Avenue, Goose Bay -Estates, Southold, New York,
all in accordance .with°.the -detailed-specifications as presented
in the originating application. Fee:Moorings $5. 00, Dock $9. 00.
Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr.
Horton, Mr. Johnson, Mr. Gordon.
The Secretary was instructed to send a letter to the Goose Bay
Civic, )Association,.,.'Inc. ,'informing. them- of the new mooring permits
issued.�in their area. ,:,:., - -
The next application to come before the Board was that of Joseph P.
Ulrich, Main Road, Southold, -forrpermission to construct -:nine floating
78
docks (8 - 26 ft. by 2 ft. , and 1 - 22 ft. by 24 ft. ) equalling
four double and one single dock. with nine pilings in Jockey Creek,
off Main Road, Southold. Mr. Goldsmith withdrew from the Board
during any discussion 6t decision on this . application.
Formal protests- to this application were made to the Secretary
prior to the meeting by:
Raymond Terry, Jockey Creek Drive, Southold
John Simeoni, . Jockey Creek Drive, Southold
Albert Brandsema, Jockey Creek Drive, Southold
Roger DeMott, Jockey Creek Drive, Southold
Mr. Robertson explained that four members of the Board ( Mr.
Robertson, Mr. _ Hor.ton,. Mr. Johnson, Mr. Gordon) - had been to the
site and -investigated the appli-cation, and feel the only question
is whether or not the application will conform with what exists
there now, and will not interfere with people across _ the creek. .
Three of the docks are completely within the boundary lines of
Mr. Ulrich' s property.
Mr. Robertson then: asked if anyone wished . to_ speak in favor or
protest against , the. application. , . Mr. Ulrich appeared to speak
for the-. application. -- Mr. Raymond. Terry and Mr. Ellis Terry
spoke- in opposition to it. Mr. Raymond Terry stated that in the
past property owners on the opposite side . of. Jockey .Creek had been
asked to keep their docks parallel to the. shore line, and he feels
they would be discriminated against if Mr. Ulrich is allowed to
put the finger piers perpendicular. ,, - (Mr. Terry was advised that
this had been a request of the Board of Trustees but not. made a
part .of the permit. . He was further advised that the length of
his ramp, which is perpendicular, and dock, which is parallel., .
is almost the same length as Mr. Ulrich 's finger piers.
After. further discussion .and examination of ;the overlay map
prepared by Mr. Robertson, showing the .ordinary. high water- mark
of November 1956 and April 1964, center line of the original
gutter and,_Jockey. _Creek April 1964, property lines of Joseph
Ulrich. in ,July. 1972, ,waters edge and existing ,.docks July 1972
and proposed docks May 1973 , the application was tabled for ,
further discussion by the Board. later in the evening.
On motion of Mr. Horton, seconded by Mr. Gordon, it was
RESOLVED that a letter be sent to the Jockey Creek..Property
Owner ' s Association (by agreement of. May 25, 1964) , c/o Raymond
Terry, stating that the Board of Southold Town Trustees are in ,
favor of approving the application of Joseph P. Ulrich for
construction of nine floating finger_ docks _ and .will hold further
action until . the next Trustee meeting .in July.
1 79
Vote of th.e Board: Ayes: Mr. Robertson,. Mr. Horton, Mr: Johnson,
/ Mr. Gordon. Mr. Goldsmith not voting.
Mr. Gordon Macfarlane, Chairman of the- Conservation Committee of
the North Fork Audubon Society,. Ma-ttituck New York; read the
following letter to the- Board:
"Gentlemen : North Fork .Audubon Society, a chapter, of the
National Audubon Society,- has observed with alarm certain construction
taking place on the property of ore James Gray on Nassau Point. We
have enquired at your office in Southold and learned of a permit
issued last November to build a bulkhead 125 ' in length with 12 '
return onthe south end at his property on the lagoon -off Bridge
Lane, and to dredge an area 30 ' in length by 125 ' in width in
front of said bulkhead, and place 400 cubic- yards of fill-,behind_
the bulkhead. Permit was issued to Ralph T. Preston a/c Gray-. -
"Several members of our chapter have visited this site; from
the land side and from Peconic Bay, entering the lagoon through
the inlet. , -These visits-were made on at least four occasions
between May 25 and May 29, observing the bulkhead construction
and the- results of recent dredging. It is obvious that some
dredging has taken place that was not specified.. in the permit:
placing an unmeasured- quantity of spoil on the east side of the-
dredged area, covering approximately 50 ' . by 20 ' of wetlands. This
is in disregard of our Town Wetlands Ordinance and should have been
recognized as such by an experienced contractor.
"We know that you are determined to protedt the environment,
particularly the -remaining -wetlands- of- Southold Town;. -they can
not-.be : replaced. - Corrective .steps must: be -taken at- .this site;
and the owner and contractor remiriddd of the seriousness of the -
damage- being caused. Mr. Terry of the Building Department has
told us, that. his office has learned of the situation, and that
orders have-_been given- for :removing,the dredged material from
the wetlands; we trust that the contract will be scrupulously
careful in ..the future.
"A copy of this statement is being forwarded to the Southold
Town Board,. � and to• the New York State- Department . of Environmental
Conservation, Stony Brook, N.Y.
"Sincerely yours, /s/ Gordon. Macfarlane, , Chairman, Conservation
Committee. " , ._ _
Mr. Goldsmith advised Mr. Macfarlane that he has visited the
site and the.-bulkhead is entirely on the-,property of James -Gray;, .
further, the fill that was placed illegally is there temporarily
and will be: removed- as -.soon-as: possible. The contractor-,:assured
Mr. Goldsmith that there is no intention to fill wetlands. ,-
80
A- copy of- a letter'di"rected to Howard Terry, Building Inspector,
Town of Southold, pertaining to this matter, was received from
Loraine S. Terry, President of the North Fork Environmental
Council, Inc. , Southold, N.Y. The letter' read as follows :
An- inVestiggation- by our organization reveals that a bulkhead
is being constructed on "The Lagoon?' ' on Nassau Point, that a'-
Wetland- Permit is needed' for said dons"trUct oh that- no permit
has been given. and" that this- is"a ' violation of' the Town Wetland
Ordinance.
"If 'our facts are correct we request you serve the offenders
with a summons immediately. I thank you for your attention.
"Very truly, yours; /s/ Loraine S.." Terry,: President. "
The following application:.-was investigated.- by the Board- and the
following-decision"''reached:
On motion of -Kr. " Robertson, seconded by Mr. Johnson, it was
RESOLVED that Harold G. Baldwin, Bay Avenue, Mattituck, New
York be granted permission- to dredge 'an area 50 ft. by 40 ft; ,
under and- around his floating' dock, remov1ng-'300 cubic yards- of
-
fill, 'in front of his property on James Creek, off Bay' Avenue,
Mattituck; New York, "all- ih accordance* with the detailed specifica-
tions as presented in'the originating application 'Fee $30. 00.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, ' Mr:
Johnson, Mr. Horton', ' Mr. Gordon.
The following letter was received from J. Harry Molitor, 32 Snug
Harbor -Road, Greenport:-
"Dear Mrs: Boken: Conforming'-our verbal cohversation on thb-
subject of' mooring permits in Gull Pond and by- subsequent talk-
with Mr.' Goldsmith, I suggested that perhaps it would be well to
check the space- available befbre issuing- more permits for that area.
"All of the waterfront property owners have permits and some
of the owners- of property not on' the waterfront. -As 'a result
the mooring space available' is pretty well taken-up. :
"Meanwhile, thank you for your courtesy and interest in this
matter. Sincerely, /s/ Harry Molitor, J. Harry Molitor. "
Mr-. Gordon,- advised the Board" he would check the mooring sites
in the Gull Pond area.
The following new applications were'"studied; discussed, ' and ' are
to be investigated by the Board and a decision made at the next
meeting:
William' A. -.Smith', Bay View Avenue, Mattituck, New York, for
permission to place an offshore mooring in Mattituck Creek'- at the
end of -.Bay View Avenue. The par&IIelal placement of the boat is
not agreeable to the ' Board.
81
Richard Bird, Mattituck;, New York, - for permission to place -an
onshore-offshore mooring in Mattituck Creek at the foot of Bay .
View'Avenue. -
Nikitas Zervos, 354 80th Street; Brooklyn, New York, for permission
to place a mushroom mooring in Gull Pond, Greenport. (owner of
Lot 51, Osprey Nest Road,. Cleaves Point, Section II, Greenport) .
Mitchell Rakowicz, Horton Lane,. Southold, New York, for permission
to place two onshore-offshore moorings at (1) foot of Pine Neck
Road, Town Creek, and (2) off Minnehaha Boulevard, Corey Creek,
Southold. Application incomplete.
The following new applications were. studie'd,' discussed, and approved:
On motion of Mr. Horton, seconded by Mr. Johnson, it was
RESOLVED that John Preston, 80 Corey Creek Lane, Southold, New .
York be granted permission to place an offshore mushroom mooring
in Corey Creek, off of Corey Creek Lane, Southold, New York, all
in accordance with the detailed specifications as presented in the
originating application. Fee $5 . 00.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr.. Gordon.
On motion of Mr. Horton, seconded by Mr. Gordon, it was
RESOLVED that Douglas Jacobs , South Harbor Road, Southold, New York,
be granted permission to place an- offshore stake in Richmond Creek,
at the foot of South Harbor Road, Southold, all in accordance with
the detailed specifications as presented in the originating applica-
tion. Fee $5. 00.
Vote of . the ,Board: Ayes :, MrPeGoldsmith-„ Mr.. Robertson, Mr; • Horton,
Mr.. . Johnson, Mr. Gordon.
Moved by .Mr. :Gordon, seconded by .Mr... .Robertson., , it was. ..
RESOLVED that William H. Bradford., Brown Street, Greenport New
.York, be granted ,-permission: -to. place..,one .onshore-of fshore mooring
in Narrow River, off Narrow River Road, Orient, and one onshore-
offshore mooring in Town Creek, at the foot of Pine Neck Road,
Southold, all in accordance with the detailed .sppecifications. as
presented in the originating application. Fee $5. 00.
Vote, of, the-. Board:. Ayes : ,Mr.-, Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson,. Mr. Gordon.
Moved by Mr. Robertsop, seconded by Mr. Gordon, it was
RESOLVED that, B. Loretta Vom .Lehn, 2190 Minnehaha Boulevard,
Southold, New York be granted permission to..place..an offshore
mushroom mooring in Corey Creek, off Minnehaha Boulevard, Southold,
New York, all in accordance with the detailed specifications as
presented in the originating application. Fee $5. 00.
Vote of, the Board:- Ayes: Mr. ) Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr.: ' Gordon. _'eye,
82
On motion: of Mr. Horton,_'�seconded by Mr.' Johnson.;-. 'pit -was"
RESOLVED that Ralph F: Hayden, "150 Oak Avenue, Southold,' New'
York, be granted temporary permission to place offshore moorings ,
(#36 and #37 on Goose Bay Map) in front of his property on Goose
Creek, -off Oak Avenue;' Southold; New -York; 'all in accordance.- with
the detailed specifications asIpresented in, the`:originating applica-
tion. This permit is subject 'to reassignment to -upland owners if
the space is needed. Fee $5 . 00.
o MrGldmih, 'Mr: Robetson.,_ Horton,.
Mr: Johnson, -Mr:, .Gordon. _ =
On motion of Mr. Gordon, seconded !by ,Mr.'-•Robertson; ;it was '-'
RESOLVED that Charles W. Harris, Village Lane, Orient, be granted
permission to place an- off shore 'mushroom-mooring"and an `onshore-
offshore mooring in Narrow River, off Narrow River Road, Orient,
New York,'---'all in accordance- witH' the' detailed- specifications as
presented in 'thb originating application'. -Fee-. $-5.'.00_. -'
Vote 'of the Board:' - Ayes- Mr. Goldsmith; Mr-. •Robertson, Mr: Horton,
Mr,. Johun-son; 'Mr,.'-* Gordon:
On motion of Mr. Robertson, seconded by Mr:` Johns'bni_,` it was
RESOLVED that 'John H. Bed6.11;' 'hndian Neck Lane,- Peconic, New York,
be granted permission to place an offshore mushroom mooring• in
Richmond Creek, off Indian Neck Lane, Peconic, New York, all in
accordance'.with' the detailed specifications as-`presented,'in the
originating application':. Fee
Vote of the' `Board: '' Ayes--: -Mr.- Goldsmith; Mt r. Robertson, Mr:'_- Horton,
Mr': Johnson,- 'Mr.- Gordon.—= -
Moved by Mr. Horton, seconded by Mr. Johnson, it 'was "
RESOLVED that Charles 'Hof fmo s-t r';'" Cr=ittens, -Lanfe, -Southold';'-: be'
granted permission to place an onshore-offshore mooring ,in- Goose
Creek at the foot of Crittens Lane, Southold, New York, all in
accordance with: the'-detailed•-'specificat ion s as- presented 'in tie
originating application. Fee- $5 . 00. -
'Vote of tEhe Board: ' Ayes:' -Mr.- 'Goldsmith, Mr. -Robertson, -Mr. Horton,
Mr Johnson; Mr: : Gordon-.'' - -
On motion of Mr. Robertson, seconded by-,Mr- - Johnson, it wa-s -
RESOLVED that Robert Berks, Halyoake Avenue, Orient, be 'granted,
permission to place an offshore mushroom mooring in Narrow River,
off Narrow River Road, Orient, New York, all. 'in' accordance 'with
the detailed specifications as presented in the originating
application.' Fee $5'.00: _
Vote of the `Board: Ayes: Mr=. Goldsmith, '-Mr: ' Robertson-, 'Mr. ' Horton,
Mr. Johnson, Mr.- Gordon.
On; motion of Mr-. Robertson, seconded by Mr Johnson,' kt. was-
RESOLVED that `Joseph P. Getch'es, Oyster' Pond Lane,- Orient; - be
granted permis-sion� to build:_ a fixed dock- -..(or walkway) 2 ft:
by 10 ft. on the property of John Tuthill, at} Orient, Creek..;. ._,
Orient, New York, with the permission of John Tuthill, all in
accordance with the detailed specifications as presented in
83
the originating application. .Fee $5 . 00.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
On .motion of Mr. Horton, seconded by Mr. Robertson, -it was
RESOLVED that Edward Robedee, 1935 Pine Tree Road, Cutchogue, New
York be granted permission to build a 3 ft. by 10 ft. dock, 3 ft.
by 10 ft. ramp, 5 ft. by 16 ft. float, with two pilings, in front
of his property off Pine Tree Road, on Little Creek, Cutchogue, New
York, all in accordance with the detailed specifications as presented
in the originating application. Fee $16.00.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
On motion of Mr. Robertson, seconded by Mr. Horton, it was
RESOLVED that a letter be sent to the Southold Town Board requesting
authorization for the Board of Southold Town Trustees to hire an
attorney to represent them. The Trustees=anticipate a possible
need for an attorney in the not to distant future and would like to
be prepared to call on one.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
On motion of Mr. Horton, seconded by Mr. Johnson, it was
RESOLVED that the Board of Southold Town Trustees -request permission
of the Southold Town Board to hold future Trustee meetings at the
Town Board meeting room, 16 South Street, Greenport.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
Moved by Mr. Robertson, seconded by Mr. Horton, it was
RESOLVED that the Board of Southold Town Trustees adopt a policy
whereby the applicant or his authorized representative must be
present at the time his application comes before the Board. Failure
to appear will result in tab-ing the application until someone can
appear to speak on behalf of it.
Vote of the Board: Ayes: Mr_ Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
On motion of Mr. Horton, seconded by Mr. Robertson, it was
RESOLVED that the May 7, 1973 minutes of the Board of Southold Town
Trustees be approved as submitted.
Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Gordon,
Mr. - Johnson, Mr. Horton.
On motion of Mr. Johnson, seconded by Mr. Gordon, it was.
RESOLVED that the next meeting of the Board of Southold Town Trustees
will be held at 7 :30 P.M. , Monday, July 2, 1973 at the Town Board
meeting room, 16 South Street, Greenport, New York.
Vote of the Board: Ayes : Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon. .
Meeting adjourned at .10 :10 P.M.. /�
*�Idith T. Boken, Secretary