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HomeMy WebLinkAboutGULL POND OFFICE OF:TOWN,:'ATTORNEY ROBERT W.TASKER TOWN OF SOUTHOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 15, 1980 To: Southold Town Board Southold Town Board of Trustees Re: Issuance of Boat Mooring Permi is by Town Trustees at Gull Pond Dear Sirs: I have received a letter from Peter Appelbaum, Senior Attorney for the Office of New York State Parks and Recreation. to the effect that, in his Opinion, the mooring of boats along or near the bulkhead at Gull Pond is not inconsistent with the provisions of the 1970 agreement between the Town of Southold and the State of New York. I have previously advised the Town that I was of the same opinion. A copy of Mr. Appelbaum's letter is enclosed herewith for your information. r A question has also been raised as to the authority of the Town Trustees to grant such permits. The Board of Trustees was created by an Act of the New York State Legislature (Chapter 615 of the Laws of 1893). This Law provides, in part, as follows: "Such Board of Trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dispose of all or any part of all such common land, waters and lands;:underwater, or rights or other interests therein, subject, to all lands underwater, to the public right of navigation and to the riparian rights of ad- joining upland owners, as the Town of Southold acquired and now holds by virtue of any colonial patent or charter; and for this purpose said Board may execute all such conveyances, leases, permits, agreements or other writings, necessary or proper in carrying into effect the provisions of this act". i Southold Town Board Southold Town Board of Trustees -2- October 15, 1980 Section 32-12A of the Southold Town Code (boats, docks and wharves), provides as follows: "The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. _ To issue revocable permits for the placing of piles, stakes, buoys, docks or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters, provided that the same do not obstruct or interfere with navigation or the public use of such waters or lands. " It is my opinion that the foregoing provisions of Law provides sufficient authority to the Town Board of Trustees to issue boat mooring permits at Gull Pond. In addition to the foregoing, a question has also been raised to the effect that the use of the facilities at Gull Pond for boat mooring purposes would violate the Town Zoning Code. The property at Gull Pond is located in the A Residential and Agricultural Use District. Section 100-30A(3) of the Zoning Code provides that "buildings, structures and uses owned or operated by the Town of Southold." are permitted uses in the A Residential and Agricultural District. Accordingly, it is my opinion that the issuance of permits to moor boats at th bulkhead at Gull Pond is a use permitted by the Zoning Code. Richard T. Nolan, _Attorney for Mr. Herbert Mandel, by letter to the Supervisor dated September 16, 1980, has requested that any opinion which I may issue to be sent to him, and accordingly a copy of this letter is being mailed to Mr. Nolan. Yours very truly, ROBERT W. TASKER RWT:AA enc. cc: Richard T. Nolan, Esq. � - OFFICE RVISOR TO, 1 .r� L D WILLIAM R. PELL III TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (516) 766-1939 SOUTHOLD, LA., N.Y. 11971 July 2, 1980 Mrs. Anna T. Hataier, President Board of Town Trustees Southold; New York 11971 Dear Mrs. Hataier: The Southold Town -Board requests that you hold in abeyance any applications for mooring stakes which will be attached to the bulkhead at the Norman Klipp Park at Gull Pond until review of the matter by this Board. Yours truly, 01 WILLIAM R. PELL III SUPERVISOR WRP/mt NO SO TUZ JUDITH T.TERRY E TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 12, 1980 Mrs- Anna Hataier, President Board of Southold Town Trustees Town Hall Southold, New York 11971 Dear Mrs. Hataier: The following resolution was adopted by the Southold Town Board at a regular meeting held on March 11, 1980 : RESOLVED that the Southold Town Trustees be authorized to issue mooring permits in Gull Pond Inlet with the right of the permittee to secure the boat by a line attached to the bulkhead in such manner as the Trustees shall direct, and that such permission be limited to the southerly one-half of said bulkhead. Very truly yours, Judith T. Terry Town Clerk - r 1 .Ys x i r � ° TL-"A"7t } ••--r�-••.s!s d r` '�`'•t y A • _ ° S r � -• a+-� K�- 5 t r fi` .` -S 4 a -f � r y.�-t•y - 1 S W M �v. �t s _.t. ,f 4 f.. �:1 �i <. 3a �. .r:—+.�.�.. a'3V. ac"' � �.i �.�.r't"✓"'i�s-�">'d"�J �✓ �.ti t�i. t i ys." ..+�M�'�• .r. y-a..�^,3. r k.- aa. 1:.. f �( N . y>_ ' �. .. 'Y•. : - .d _` .-....� ;..0^ � Win.:` �,. .0 Vh WAS_ O � `,:•'4 3... V;:•rrZ•,�Y!�YS' . .F.+,..e+.<...: . c... ...:4saa?L�.:,:.=.v-.I,.z:+�:"'s.r.-:a.«_::r..:,,'t:`r,,a+-,.sm'�•sY�:,,:n<...:.6a�i..:�.�t+''.3,:..,:.c,co�OOx.�,.;,=;s.:.�a-t.�,'a a..�,�1�� +x".�r'a :�' THIS AGREEMENT, made as of the day of 1971, by and between the People of the State of New York, acting by and through the Office of Parks and Recreation, Executive Department, 0 State of New York, hereinafter referred to as "OFFICE", with offices at State Campus, City and County of Albany, State of .New York and the _ Town of Southold, Suffolk County, Long Island, New York, a political subdivision of the State of New York hereinafter referred to as "MU-NICIPALITY", with offices at Southold, New York, 11971_ WITNESSETH: In consideration of the covenants, stipulations and .condi- tions hereinafter set forth and in further consideration of the premises and other good and valuable consideration receipt of which. is hereby acknowledged, the parties hereto mutually agree as follows: 1. That a certain agreement bet<<reen the Town of Southold and the People of the State of New York, by the Conservation Commis- sion of the State of New York, dated the 24th clay of September, 1965, which was filed in the Office of the Comptroller of the State of dew York as Lease No. 5510, is hereby terminated_ 2. That the Town of Southold and the OFFICE will er_ter . into an agreement to construct a boat launching facility on that tract or parcel of land recorded in the Suffolk County Clerk's Office in Book of Deeds 415894 at page 20, and more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of Southold,. County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly right--o_c: -.vay line of Manhanset Avenue on the center line of a culvert under the said Manhanset Avenue, which point is S 740 301 E_ 280 feet- from a concrete monument at the intersection of said Manhanset Avenue and Inlet Lane and 49 feet from another concrete monument on the southerly right-of-way line; running thence the following nine courses and distances: S 670 00 '. E 88 feet, N 340 30" E 501 feet, N 890 10 ' E 100 feet to . the existing bulkhead, N .400 00 ' . W 126 feet along said bulkhead, `N 590 00 ' W 59 feet, S 670 30 ' W 178 feet, S • 320 30 ' W 319, feet, S 130 30 ' W 103 feet to a point on the center line of the north end of the - aforesaid culvert; thence S 60 30 ' W along the center line of said culvert 62. feet to the point or place of beginning, con taining 2 .46 acres of land, more or less. 3. Such facility to be built on plans approved by the OFFICE at a total cost including all necessary engineering costs, not to exceed $130 ,000.00 to be paid by the OFFICE. i 4. . The Town of Southold and the OFFICE agree that: 1 A. Upon completion of construction, such facilities shall ereafter be maintained and operated by the Municipality without re- strictions as, to place of residence of users of such facilities except that a reasonable variation in usage fees may be applied to those residing outside the MUNICIPALITY, subject to the approval of the Commissioner of. Parks and Recreation. B.7 The public shall have the right to ingress and egress from the premises at all times for the launching and/or hauling of their boats, the parking of their cars and such other purposes not inconsist- ent with the purpose of this agreement as set forth herein. However, i the MUNICIPALITY may "establish the daily hours of operation and may close and prohibit entry to the. site during such hours between sunset and sunrise as may be desired, subject to approval of such operational arrangement by the OFFICE. C. The OFFICE reserves the right to enter upon said premises at all times for the purpose of ascertaining that the MUNICIPALITY has complied with provisions of this agreement. In the event the MUNICIPALITY fails to perform maintenance or maintain the site in a _2_ - clean and orderly manner or fails to remove debris. or obstructions from waters adjacent to the site, the OFFICE shall forthwith perform such work as required and the cost of performing such work shall be borne by the MUNICIPALITY. D. The MUNICIPALITY agrees, .when the site is ready for public use, to operate and maintain it in a clean, safe and orderly manner in keeping with other comparable public facilities maintained by the Office of Parks and Recreation, and- further agrees to assign such permanent personnel and equipment as may be necessary to operate and maintain the facilities in the aforementioned manner. It is understood by and between the parties hereto that .this agreement small be deemed executory to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for, the purpose thereof_ IN WITNESS WHEREOF, the parties hereto .have set their hands and seals the day and year first above written. OFFICE OF PARKS AND RECRE_3TION EXECUTIVE DE-PARTMENIT By Commissioner APPROVED AS TO FORM: TOYAN OF SOUTHOLD Date - Attorney General By=2� C�` � /% ✓G� r�t1 Assistant Attorney General APPROVED: Date For the State Cornptroller -3- ...... ... .......... COU=1 Or SUFFOLIC _ .___ On this day of 1971, before me personally . came ��' '' � �`�`L `;"to me known to be the Supervisor of. the Town of Southold, New York, "described herein, and who executed the fore- going instrument as such Supervisor of the Town of Southold pursuant to authority contained within a resolution of the Town Board of the Town of Southold, New York, duly adopted. on the day day of 1971, and he acknowledged that he. executed the same in such capacity_ G� Notary Publi Edna R. Angell Notary Public, State of New .York Suffolk County, *52-0077425 Commission Expires March 30, 1973 T T 11 I S A G R E E h1 E N T r Mad the day of , . 1970, by and between the People of the State of New York acting by -and through the Conservation Commissioner of the S tate of New Yorlc, hereiiiarter re1'errcxl to its "COMMISSIONER" of the Conservation Deportment of the State of New York, hereinafter referred to as "DEPARTMENT", with offices at 50 Woli' Road, City and County of Albany, State of New York and the Town of Southold, Suffolk County, Long Island, Cl York', a. political subdivision of the State of New",Yorl< hereinafter, re:Cerred to as . "MUNICIPALITY", with offices at Southold, New York, 119 ' WITNESSETH: In consideration of the covenants, stipulations "and conditions hereinafter set forth and in furt l}eir consideration of the premises and other good and valuable consideration _receipt of which is hereby acknowledged, th-e parties hereto mutually agree as fo:Llojzs. 1. That a certain Lease Agreement No. 5510, filed November 16, 1965, between "tlicr Town of Southold and the DEPAI2'[AiI:N'C, dated the 24th day 'of September 1965 is herelay terminated. . 2. That the 'Town of Southold and the DEPARTMENT will enter into an agreement to construct a boat launching facility on that tract or parcel of land recorded in the Suffolk County Clcrl:'S Office. in Boo]c of Deeds ##58911 at page 20, and more particularly described as follows: . . ALL T}lAT TRACT O� PARCEL OF LAND situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly riglit-of-way line of Manhanset Avenue on the center line of a culvert under the said Manhanset Avenue, which point is S 7L10 30, E 280 feet from a concrete monument at the intersection of said iklaulianset Averiiic! and Inlet Lalle arr(l W) f(IOL 1'r0111 :uroLlic!r � n��� � c L�• monument on the southerly right-of-way line; running thence the following nine! courses and d:isranees: ' I -2- ! S 740 30' E 46 feet, ;i S 670 00' F. 88 feet,'. N 340 30' E501 feet,, N 890 10' E10O feet to the existing bulkhead, N .400 OD' W126 feet along said bulkhead, . N 590 00' W S9 feet, . 30' �J178 feet, S 67° S 320 30' W319 feet, S „130 301 , IJ103 feet to a point on the center line of the north end of the aforesaid culvert; thence S 60 30' W along the center line of said culvert 62 feet to the point or place of- beginning, containing 2.46 acres of land, more or less. 3. Such facility to be built on plans approved by the DEPARTMENT at a total cost including all necessary engineering costs, not to exceed $130,000.00 to be paid by the DEPARTMENT. 4. The; Town of Southold and the DEPARTMENT agrees that: A. Upon completion of construction, such facilities shall !:: thereafter be maintained and operated .by the Municipality without restrictions as to place of residence- of users of such facilities except that a reasonable variation in usage fees maybe applied to those resitting outside the -I-IUNI-CIPALITY. B. The public shall have the right to ingress and egress from the premises at. all times for the launching and/or hauling of their boats, the parking of their cars and such ether purposes not e inconsistent with the purpose of this agreement as set forth herein. However, the MUNICIPALITY may establish the daily hours oC 'operation and may close and `prohibit entry to the side during such hours between sunset and sunrise as may be desired, subject to approval of i such operational arrangement by the DEPARTMENT. C. The DEPARTMENT reserves the right to enter upon said premises at all times for the purpose ascertaining that the MUNICIPALITY has complied with provisions of this agreement. i ,3- In the event the MUNICIPALITY fails to perform maintenance or , maintain the site in a clean' and orderly manner or fails to remove debris . or obstructions from iaaters adjacent to the site, the DEPARTMENT shall forthwith perform such 'Work as required and the cost of performing such work shall be borne by the MUNICIPALITY. D. The MUNICIPALITY agrees, when the site is ready for public use, to operate and maintain it in a clean, safe and orderly manner in keeping with other comparable public facilities maintained by the Conservation. Department, and further agrees to assign such permanent personnel and equipment as may be necessary to operate and maintain the facilities in the aforementioned manner. Regulatory Affairs Bldg. 40, ME - Room 219 Stony Brook, NY 11794 (516) 751-7900 January 27, 1981 Mr. Raymond E. Clempner 1240 Inlet Lane, Box 671 Greenport, NY 11944 Re: Offshore stakes at Klipp Marine Park, Southold, NY Dear fir. Clempner: In response to your letter concerning the issuance by the Totm of Southold of offshore.mooring stakes ,,m wish to advise that this is not an activity requiring approval by this Department. Under Stag Tidal Wetland Land Use Regulations (6NYCRR; Part 661) this activity would be considered as the establishment of recreational moorings. Such an activity is classified as not requiring either a permit or notification letter under state Tidal Pletlands Law. We hope this satisfactorily answers your questions and please feel free to call on us if you desire any additional information. Very truly,Yours, Daniel J. Larkin, P.E. Regional Permit Administrator DJL/cr cc: Southold Town Doard of Trustees �4n /O 312 G / �. ��v� �� � s�"-�" `� �� ���� �� ��5- . ;�� „9 �y BOARD OFj OWN>T.RUSTEES 04 N�OF our SFFOK�COU Telephone 516-765-1938 Southol .L, . 11971 February 9, 1981 Ms . Bessie Panagiotopoulos 20 - 33 - 46th -S-treet Long Island City, New York 11105 Dear Ms. Panagiotopoulos: Some time back you placed your name on a waiting list for a mooring at the bulkhead at Gull Pond. This matter has been resolved and applications are now being accepted. I am enclosing same and would ask that you complete it and return to this office. Yours truly, Muriel Tolman, Secretary BOA R DP'OF)_`TOWN°TiUSTEES -ON OF SOYJTOT. S3FF0 *K`CO Telephaie 516-765-1938 Southol . 11971 February 9, 1981 Ms . Esther Newman 17 Pershing Avenue Yonkers, New York 10705 Dear Ms . Newman: Some time back you placed your name and the name of Carol Levitch on a waiting list for a mooring at the bulkhead at Gull Pond. This matter has been resolved and applications are now being accepted. I am enclosing same and would ask that you complete same and return to this office. Yours truly, Muriel Tolman, Clerk MIaRAM"5ERI�TCE:.: jT, :;.:;> .. ..... r MIDDLE?OWNr 'VA. 22645; 4.0269778349 12/14/80 ICS : IPMMTZZ 'QSP. NYAB '2128318195 MGM TDMT NEW YORK NY 134 i2*14 0905P 'EST' ANNA HATAIERr .,PRESIDENT BOARD OF• TRUSTEFS TOWN OF SOUTHOLD MAIN RD SOUTHOLD NY 11971 • THE UNDERSIGNED PROTEST PERMIT$ ..FQR:'QFF•HULKHEAD,VlQORING STAKES 'F'OR USE BY . COMMERCIAL .FISHING BOATS AT,,THE',N ,R4AN i LIPP MARINE PARK. -SUCH AN ACTION BY THE TRUSTEE$ , IS' A UNILATERAL AND jLLEGAL_A6ROGATION.. OF THE PARKIIS DEEDED RECREATIONAL STATUS% IT.:.IS_,. ALSQ' A DIRECT VIOLATION OF? FEDERAL. AND STATE, LAWS REGULATING THE PRQTECTION AND USE' QF WE.TLANQS AND 'NAVIGABLE WATERWAYS; :'WE: ARE:' SUPPORTING THE LEGAL ' ACTION BEING' TAKEN AGAINST THE "TRUSTEES=.TO FNFOECF; ALI_ EXISTING . LAWS ,AND REGULATIONS PROTECTING . ECOLOGICALLY FRAGILE •ARFA$, SUCH,A$ ,GULL-POND, WE;. REQUEST THIS COMMUNICATION BE- •READ' ALOUD. AT: THE`., MEETING OF' 16� DECEMBER AND BE . PLACED IN 'THE MINUTEg' OF"_TMAT °MEETING. . FRANCIS AND MIRIAM CONANT PO BOX 572' GREENPORT NY' 11944 .870 . INLET LN GREENPORT NY 2006 EST MGMCOMP �Lo OA�E a N TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL FREE PHONE NUMBERS 110 REh €�Y MAI'd:GC,,AFA, E3 i0'S��� WESTE M 'UINICIN ��i Y i II�fC, DAY OR flllG!!1: ' FOR YOL'R LCyALL. PdUMi3El1; SEE T}(,E VJX,ITE PAGES OF,YMIR TE1.P1;0NE DIRECTORY Opp DIAL (TOLL FREL)'800-25i'-2241 (EXCUT 1PJ NEVJ iEl1 S EY G0u-nu2-2271) OR DIAL WESTERN UNION'S INF OMASTER Si'STE.PP, DM`ECTL`J: FROM TELEX. . . . . . . . . . . . . . . . . . . . . E161 FR0Nil T"%PJX . . . . . . . . . . . . . . . . 910 420 1212 \", i a > C �P ND REG NEW YORK STATE PARKS&RECREATION Agcncy Ruddrnn I.Einpirc Slate Plaeu Albimy.New York 12.238 Information 518 474 0456 Orin Lehman,Commissioner October 8, 1980 Robert lasker, Esq. 425 Main Street GreenspQrt, N.Y. 11944 Dear Mr. Tasker: Re : Agreement between New York State and Town of Southhold - L 6715 I have reviewed the agreement in the above matter, and it is my opinion that the mooring of vessels along or near the bulkhead is not inconsistent therewith, - provided that public use of the boat launching facility is not obstructed. Sincerely, Q_ Peter Ae lbaum . Senior Attorney PA/ldr cc: W. Delaney J. Dolce r. OFFICE OF.TOWN .-ATTORNEY ROBERT W.T.ASKER TOWN OF-SOUTHOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT. L.I., NEW YORK. 11944 October 15, 1980 To: Southold Town Board Southold Town Board of Trustees Re: Issuance of Boat Mooring Permi is by Town Trustees at Gull Pond Dear Sirs: I have received a letter from Peter Appelbaum, Senior Attorney for the Office of New York State Parks and Recreation, to the effect that, in his opinion, the mooring of boats along or near the bulkhead at Gull Pond is ' not inconsistent with the provisions of the 1970 agreement between the Town of Southold and the State of New York. I have previously advised the Town that I was of the same opinion. A copy of Mr. Appelbaum's letter is enclosed herewith for your information. s A question has also been raised as to the authority of the Town Trustees to grant such permits. The Board of Trustees was created by an Act of the New York State Legislature (Chapter 615 of the Laws of 1893). This Law provides, in i part, as follows: "Such Board of Trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dispose of all or any part of all such common land, waters and lands;:underwater, or rights or other interests therein, subject, to all lands underwater, to the public right of navigation and. to the riparian rights of ad- joining upland owners, as the Town of Southold acquired and now holds by virtue of any colonial patent or charter; and for this purpose said Board may execute all such conveyances, leases, permits, agreements or other writings, necessary or proper in carrying into effect the provisions of this act". Southold Town Board Southold Town Board of Trustees -2- October 15, 1980 Section 32-12A of the Southold Town Code (boats, docks and wharves), provides as follows: "The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. . To issue revocable permits for the placing of piles, stakes, buoys, docks or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters, provided that the same do not obstruct or interfere with navigation or the public use of such waters or lands. " It is my opinion that the foregoing provisions of Law provides sufficient authority to the Town Board of Trustees to issue boat mooring permits at Gull Pond. In addition to the foregoing, a question has also been raised to the effect that the use of the facilities at Gull Pond for boat mooring purposes would violate the Town Zoning Code. The property at Gull Pond is located in the A Residential and Agricultural Use District. Section 100-30A(3) of the Zoning Code provides that "buildings, structures and uses owned or operated by the Town of Southold" .are permitted uses in the A Residential and Agricultural District. Accordingly, it is my opinion that the issuance of permits to moor boats at th- bulkhead at Gull Pond is a use permitted by the Zoning Code. Richard T. Nolan, Attorney for Mr. Herbert Mandel, by letter to the Supervisor dated September 16, 1980, has requested that any opinion which I may issue to be sent to him, and accordingly a copy of this letter is being mailed to Mr. Nolan. Yours very truly, ��� ROBERT W. TASKER RWT:AA enc. cc: Richard T. Nolan, Esq. tA OFrICE OF T'11OWN }ATTORNEY ROBERT W.TASKER TO,WN.OF SOUTHOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK. 11944 October 15, 1980 To: Southold Town Board Southold Town Board of Trustees Re: Issuance of Boat Mooring Permits by Town Trustees at Gull Pond Dear Sirs: I have received a letter from Peter Appelbaum, Senior Attorney for the Office of New York State Parks and Recreation to the effect that, in his opinion, the mooring of boats along or near the bulkhead at Gull Pond is not inconsistent with the provisions -of the 1970 agreement between the Town of Southold and the State of New York. I have previously advised the Town that I was of the same opinion. A copy of Mr. Appelbaum's letter is enclosed herewith for your information. A question has also been raised as to the authority of the Town Trustees to grant such permits. The Board of Trustees was created by an Act of the New York State Legislature (Chapter 615 of the Laws of 1893). This Law provides in part, as follows: "Such Board of Trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dispose of all or any part of all such common land, waters and lands underwater, or rights or other interests therein, subject, to all lands underwater, to the public right of navigation and 'to the riparian rights of ad- joining upland owners, as the Town of Southold acquired and now holds by virtue of any colonial patent or charter; and for this purpose said Board may execute all such conveyances, leases, permits, agreements or other ,writings, necessary or proper in carrying into effect the provisions of this act". i Southold Town Board Southold Town Board of Trustees -2- October 15, 1980 Section 32-12A of the Southold Town Code (boats, docks and wharves), provides as follows: "The Board of Trustees of the Town of Southold is hereby authorized and empowered: A. To issue revocable permit's for the placing of piles, stakes, buoys, docks or other objects in or on any Town waters or public lands under or adjacent to Town waters, and for the removal of sand, gravel or other materials from lands under Town waters, provided that the same do not obstruct or interfere with navigation or the public use of such waters or lands. " It is my opinion that the. foregoing provisions of Law provides sufficient authority to the Town Board of Trustees to issue boat mooring permits at Gull Pond. In addition to the foregoing, a question has also been raised to the effect that the use of the facilities at Gull Pond for boat mooring purposes would violate the Town Zoning Code. The property at Gull Pond is located in the A Residential and Agricultural Use District. Section 100-30A(3) of the Zoning Code provides that "buildings, structures and uses owned or operated by the: Town of Southold" .are permitted uses in the A Residential and Agricultural District. Accordingly, it is my opinion that the issuance of permits to moor boats at the bulkhead at Gull Pond is a use permitted by the Zoning Code. Richard T. Nolan, Attorney for Mr. Herbert Mandel, by letter to the Supervisor dated September 16, 1980, has requested that any opinion which I may issue to be sent to him, and . accordingly a copy of this letter is being mailed to Mr. Nolan. Yours very truly, ROBERT W. TASKER RWT:AA enc. cc: Richard T. Nolan, Esq. BOAR 0 STEES .o cov Telephone �® 516-765-1938 Southo . 11971 June 11, 1980 Dear Halsey: I spoke with Ray Jacobs regarding the numbering of the pilings at Gull Pond. He will be happy to see that same is done upon receipt from the board of a diagram of exactly how it should be done. Wouldn't you just love to do this and send it to him. Send me a copy, too. Thanks, Mert J of b 47 7 x 3:?N5j ( 01-1.�ICE. OF TOWN ATTORNEY \ ROBERT W.TASKER TOWN OF`S' UTHOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 17, 1980 µ To: Southold Town Board Southold Town Board of Trustees Re: Issuance of Boat Mooring Permits by Town Trustees at Gull Pond Dear Sirs: Reference is made to my letter of October 15, 1980 regarding the above. Enclosed is a copy of the letter from Mr. Applebaum which was inadvertently not enclosed. Yours very truly, ROBERT "W. TASKER RWT:AA enc f !/ - -1•` _ice a,/� �.�-c> //!i Y� p/U 1-1ER3aMI1=VT R. MANL7M!Y-j 90 Lexington Avenue, New York, N. Y. 10016 Telephone: (212) 689-7190 October 8, 1979 Southold Town Board of Trustees Southold. Townhall Main Road Southold, New York 11971 Subject: Stake-out Permits Gull Pond - Norman E. Klipp Marine Park Gentlemen: I should like to take this opportunity to commend the Board for its action in denying the three subject applications before it on October 2nd, 1979. I particularly wish to commend. Mr. Horton for his patience and the most commendable manner in which he conducted the meeting. I would also like to take this opportunity to comment on some of the matters referred to by the opposition to your action. First, no bayman has ever been estopped from using Gull Pond to moor his boat in furtherance of his business because no bayman has ever used Gull Pond for that purpose. a) The one bayman to whom reference has been made that has a permit has already decided to use Orient Beach next year as this location at Gull Pond is not convenient for his business. The people who developed Gull Pond did so to enhance a private residential home cam= nity. Its beauty and fame for this purpose are well know through- out the yachting fraternity on the entire Eastern Seaboard. The Town of Southold has been considerably enhanced by the manner in which this com- ~munity has ben develo,d and is r aintai ned. Communities exist because of a civilized interpretation of peoples' activity; "Law". The laws of the State of New York, and in particular of the Town of `Southold, strictly prohibit the use of Klipp Marine Park for the mooring of boats. If the bulkhead at the Park is a public bulkhead, an ordinance that is existing in the Town's law states specifically that nobody may moor a boat to a public bulkhead in the Town of Southold. If in fact Norman. E. Klipp Marine Park is a dedicated park, then by virtue of its dedication wherein no mention was made of the mooring of boats, boats cannot be moored there without a specific act of the legislature. No baymen or anyone else has been put out of business as a result of the denial of these permits. No baymen or anyone else has been really inconvenienced. Rather substantial inconvenience and substantial problems would be created if the laws were broken and this bulkhead were used for mooring boats. Baymen may launch their boats from the loading platform and retrieve them from same, as the w - 2 - general public is permitted to do. Mr. Stoutenburgh's abstention was a ludicrous attempt to obtain political favor. To any fair thinking person it would surely backfire and indicate a lack of ability to govern pursuant to the laws established within the Town. Under the 'Town of Southold Code, Article II, Public Docks adopted June 26, 1935,"32-21 - Monopolization of docks, bulkheads, and landing places prohibited. It shall be unlawful for any person to monopolize, to the exclusion of others, any public dock, public bulkhead, or public landing place within the boundaries of said Town of Southold, excluding therefrom the territory within the limits of the Incorporate Village of Greenport. " Again in the Southold Code under Zoning, which was adopted on November 23, 1971, are included certain items indicating the spirit and intent of the Southold Zoning Code, as follows: In Article 100-10 (c) the provisions of privacy for families; (d) : the maximum protection of residential areas; (f) the gradual elimination of non-conforming uses, and finally, under (g) the enhancement of the appearance of the Town of Southold as a whole. Under 100-11 wherein the code states that where it conflicts with any other provisions of the code, other than zoning, or with other ordinances, the higher or more restrictive regulation shall prevail. The area in question, Norman E. Klipp Marine Park is located within a residence "A" district which is the most restrictive zone within the Town of Southold. Under Article 100-30 (b) sub-paragraph 9 - boat docking facilities for the docking and mooring or accommodation of non-com ercial boats subject to the following requirements: Sub-paragraph (a) there shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use. Use of any Town facility, therefore, within a residential "A' zone which would be construed as a commercial use, as in this case, would violate both the spirit, and intent of the regulations prescribed by the Zoning Code. I would like to bring this matter to a conclusion with the understanding that the two existing permits will not be renewed, and that the Board of Trustees publically acknowledge its inability to provide for mooring of boats to the bulkhead enclosing Norman E. Klipp Marine Park without there being a modifica- tion in the prescribed use of said park which can only be done by the legisla- ture of the State of New York and/or by modifications to the Zoning Code and chat neltiler of these natters are wi_clhd_n 1tS pc 7wer to do. it uould .also be desireable if advance notice would be given to the people such as myself, Cleves Point Property Owners Association, the West Gull Pond Association, etc. , of any modification to the conclusion herein requested. Your acknowledgement of this communication, together with your advice with'? respect to the above would be sincerely appreciated. /J V ' truly your , , HRM:la `' Her del Certified Mail - Return Receipt Requested ... . _ ....,__� ,r.......+..—a. .�v.r...wnvrr..u>waa+.aa.Lu amu-�..r._.y...-w,raJrcwww..s.. -+.u..✓Y.rh.ut✓�u .•V.afa-'.KWw`f3 MfOvKw�.--f.�.wM6+.in.i+�Y •F.+-+...••-. ....• oRK 4O'VD , RECEIVED o SEPIJ1979 RsG xOW17 Cleri4oattiol LONG ISLAND STATE PARK & RECREATION COMMISSION Belmont Lake State Park,Babylon ,.New York 11702 ,516.669.1000 Daniel T.Sweeney;Commission Chairman John G.Sheridan ,General Manager State Parkway Police 516-669.2500 ' September 17, .1979 Town of Southold Office of Town Clerk Southold, New York 11971 Attention: Judith T. Terry Town- Clerk Re: State Boat Launching Ramp Gull Pond, Town of Southold;;::' Dear Mrs. Terry, M,`• Mr. Richard C. Ryan., of the:New York State Department. of Environmental Conservation, has advised me of your request for a signed copy of a 1970 lease agreement between the :New York State Department of Environmental Conservation and the Town of Southold. This lease agreement, if signed, would have provided for the construction of a boat launch ramp at Gull Pond. in the Town Of Southold. After researching our files concerning the State Boat Launch Ramp at Gull Pond, I have been unable to find a signed copy of the 1970 lease agreement. My research has located a copy of an agreement between the New York State Office of Parks and Recreation and.:the Town of Southold. This agreement was signed on June 8, 1971. Under thisagreement, the State of New York built the boat launch ramp at Gull Pond. I am enclosing, for your records,, a copy of the signed agreement, a copy of the letter of transmittal to Supervisor Martocchia, and a- copy of the notarized Town Board resolution which authorized Supervisor Martocchia to sign the agreement. Please don't hesitate to contact me if I can be of further service in this matter. Sincerely., Thomas Shanahan Marine and Recreational Vehicles Field Representative ' STATE OF NEW YORK SIDNEY M. SHAPIRO COMMISSIONERS CHIEF CNGINSr1R ANO GE.YERAL MAHAGKR A. HOLLY PATTER.SON ppt�IDeNr - FRANK CHAMP ASSISTANT GENERAL MANAGEW JOHN M. SCHIFF PERRY B. DURYEA. JR. - VINCENT L-ITCH NAROL❑ J. PRYOR I AOMINI STRATIVs OrlicER ROBERT wINTHROP �^ • - `�OHN J. BONACUM HENRY L. DIAMOND I EXECUTIVE SECRETARY ERNEST G. WRUCK LONG . ISLAND STA i E PARK COMMISSION „�-- Ag `" BELMONT LAKE STATE PARK r Z. 11.;� BABYLON, L. L. N. Y. 11702 ��rli' - 910 MOHAWn 9.1000 August 17, 1971 Honorable Albert M. . Martocchia., Supervisor Town of Southold Southold, New York Dear Mr. Martocchia:. . Re: Green port Boat Launching Site. Enclosed are four copies of the agreement between the State of New York and the Town -of Southold .in connection with the above project which were previously executed by the Town. At the request of the Commissioner of Parks and Recreation paragraph 4A has- been amended to read as follows: "Upon completion of construction, such facilities shall -there- after be maintained and operated by the Municipality ri:chout restrictions as to place of residence of users of such facili- ties except that a reasonable variation in usage fees may be applied to those residing outside the mUiN11CIPALIZY, _subject to the approyal of the Commissioner of Parks and Recreation_ ". if this amendment is- agreeable to the Town, kindly initial paragraph 4A of the four copies of the agreement and - return all copies to this office for further processing_ If you have any questions concerning this matter-, please call me_ Very truly yours, / `L Administrative Officer VL:lm Enclosures. . STATE OF NEW YORK- EXECUTIVE DEPARTMENT :t� i � � . :�.: PARKS AND RECREATION STATE CAMPUS-ALBANY.N.Y.12226 August 11, 1971 Mr. Vi cent Leitch Admini trative Officer Long I land State P Commission Belmo u Lake Stat ark ; Babyl , Long I and, New York Dear inny: Re Greennort Boat Launching Site I am enclosing herewith agreements in the above matter. Paragraph 1+A has been amended by adding thereto that the imposition of the fees will be subject to the approval of the Commissioner. Will you. please present this agreement to the Torm calling their attention to this change, and if same is agreeable, have fir. Martocchia initial Paragraph 4-A - and return the agreement for execution by the Commissioner. Sincerely, Lawrence,/J. Logan Counse LJL:do S/25 Enclosures '. .. �.J,.✓ .vat. .t_, ,. .._.....�_....z,.a..w.«_..._lr-zc-Iu..r♦...Lr -._ .. +-.•_ 05� i ULjrr OFF,. ERK T Cam' __1, �Nr D TELEPHONE AL•BERT W. FZICHMOND ��/.i. •� 765-3793. Town CLERK REGISTRAR OF VITAL STATISTICS SOUTHOL..D? L. 41 N. Y. 11971 July 16, 1971 Long Island State Park Commission Belmont Lake State Park Babylon, New York . 11702 Attention: Mr. Vincent Leitch. Dear Mr. Leitch: The following resolution was passed by the Southold Town Board at a regular meeting held June 8, 1971: . "Moved by Justice Demarest, seconded by Councilman Valentine, it was RESOLVED: That Supervisor Martocchia be and he hereby is authorized to sign Agreement with Parks and Recretarion Executive Department, State of New York, on the launching ramp at Gull Pond area-- STATi= OF N cW YORK . COUNTY Or SUFFOLK C"lice of the Clerk of the ss: This is to certify that I, Albert W. Richmond,Clerk of the town of Southold, in WIN OF SOUTHOLD the said County of Suffolk, have compered the foregoing copy of resolution with the original resolution now on file in this office, and which was passed ( SEAL ) by the Town Board of the'town of Southold in said County of Suffolk, on the ....8th day of ........... Ju e.............. 19.2.L, and that the some is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this ...16 th... day of ..........Ju lY............... 19...71 • Clerk of the Town Board, Town of Southold, County of Suffolk, N. Y- - t? -?rr .'� rrt i �,. i f '-f' ..r.+:f"1'�?�" •• � r - fy• t.� it <ni�r:Ii y.{�M�a, AF.}�iK +e .�� ,.C��'� . �•-� �s�ti:h�t,c7.sd CrT %sir'' ,�i i u�. ^r.a; '^tom� � .: ' . 2,� •,,i �y e, ry_ June 27, 1980 Southold Town Board of Trustees Southold 'Ibwnhall Main Road Southold, New York 11971 Subject: Stake-Out Permits with Lines Attaching to and/or Using the Norman E. Klipp Marine Park Bulkhead at Gull Pond Gentled: I am unalterably opposed to the granting of any of subject permits. Very truly yours, June 27, 1980 Southold Town ward of Tr-ustees Southold T74,7nhal1 Main Road Southold, New York 11971 Subject: Stake-Out Permits with Lines Attaching to and/or Using the Norman E. Klipp Marine Park Bulkhead at Gull Pond Gentleren: I am unalterably opposed to the granting of any of subject permits. Very truly yours, o�� �r CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK June, 24: 1980 Southold Bo 'd '.of Tb i,V Southold. ,Townhall Main Road So-atholdp New York 11:971 Subject'Q, Off shore..stake permit applications . Reference« 'Tovm Bulkhead at:. Gull` :Pon.d. at•Klipp Marine Park Gentlemen We have attaohed, here o .a copy of our Letter of protest dated August::: 28,'..:1979, which. is self-explanatory. Please be advised that we. were not notifie6 of your Jane 4th 10,80 meetang. .wherein you again gave a-stakeout permit. attach- ing to the Fark bulkhead. - - ae are still opposed '-to,. the. Via}-.ting og such :peraits in accord- anoe with our previol.s: correspondence hereinabove referred to, a-ad •rd uest, an, opport ani't. :-to be hesr' d .on this matter before the granting of any additional permits e d, .for. the implementa- tion. of eiby already, .issued for this purpose:- very truly _Prows, /osevhV dernoth r sexy r CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK r w t, 289 ,1979 Ipp Gcxxti �;s�a,» lKe are unalterably OPP0.6cd try, the gr,='Ung Of MY Of NO"t pe=it t an the: Quads that A. The taval traateef3 jurisdiction is To the bay, Ztattam ,,And not; to tho 'bulkhea fw:,, ting the ix.p'land,# B. a orr.v3.romelix tall, `imp act statement or study has been made iq the ccolaL,i eel effects of e-teblishing si c perraits on this d w—.d-end 'bight ar is required., "Tlhc detrimental effsat era prof erty Tip, hts a. should such raioa e a ' the trustees a virs 'b sua�a�ss�' a would be 3t1b0 t t &1 LZd %xa .d -*v-bjeet the tOWL tO eXccss- ve casts to 0Q1,1tweJ : btld to deferztl tae urgart=ate and fbrseabl� Ted}eta E Very traly -yours HERO �9 �© / an "fir a a - JUL -2 10 . f f iron/ TOWN OF SOUTHOiLO � 516 734-5100 June 30, 1980 Town Board of the Town of Southold . Town Hall Main Road Southold, N.Y. 11971 Re: Regular Town Board Meeting June 26, 1980 Dear Sirs: Thank you for permitting me to act as your Town Attorney with reference to the above in the absence of your appointed Town Attorney, Robert W. Tasker. During .the work sessions of-the Board, prior to the public meeting, legal opinions were requested as to two matters which the Board anticipated would be raised at the public meeting. The first matter to be resolved was that dealing with an application for a trailer permit at East Marion to be used in conjunction with certain construction bythe State in the cause-. way. area. The factual background of this application indicated that there were at that. time two trailers situate on the premises in question without Town Board approval, both of which were cited by -the Building Inspector as being in violation of the Zoning Ordinance. In addition, it was further. indicated that the .prem- ises were being. used to stockpile a number of construction type of materials as well as heavy construction equipment. The land being zoned residential in nature, it was quite apparent that the use of the land as above described and the placing of the trailers thereon, was in violation .of the Ordinance. In the light of the foregoing and pursuant to Article 10, Section 100-101 of the Ordi- nance., the Board was advised that the application could be properly denied. 6. -e OOW AMU 516 734=5loo Town Board .of the .Town of Southold -2- June 30, 1980 In the light of numerous complaints at the K1ipp Marine Park relative to. off-shore stake permits tying into the Town owned bulkhead, the Board further requested legal opinion. The facts .with respect to this matter appear, as follows : 1. A valid lease was entered into between the Town of Southold and the Conservation Commissioner of the State of New York dated September 24, 1965; for an initial term of thirty years, with the right of either party upon. written notice to terminate said lease after a term .of twenty years. This lease appears to be in full force and effect notwithstanding attempts were apparently made in the past to mutually terminate. However, there is no signed and recorded termination agreement. The purpose of the lease is speci- fically set forth in paragraph .2 to provide for the use of the premises as a boat launching and access site for use by the public. 2. The Town Board by resolution at a meeting on March ll$ 1980, granted to the Town Trustees the right. to issue mooring per- mits in the Gull Pond inlet with .the right, of the permittee to secure such boat by.a line attached to the bulkhead in such manner as the Trustees shall direct, with such permission being limited to the southerly one-half of the bulkhead. 3. . The Town Trusteesdo have the absolute right to grant moor- ing stake permits into the watersof Gull Pond inlet provided, of course, such mooring stakes would .not interfere with the navigation of such waterway. The question to be resolved is : Do the Town Trus tees have the right to grant permits which would permit the permittee to tie a boat to the Town owned bulkhead? It was and is my opinion that the Town Trustees do not possess the power to grant permits to tie a, boat to the Town bulkhead. 516 734-5100 Town Board of the Town of Southold -3- June 30, 1980 Firstly, in permitting a line to be tied to the bulkhead, the terms of the lease dated 1965 would appear to be violated; and secondly, it creates a marina by the action of the Trustees who are not vested with such a power to do so. When permits are grant- ed to tie to the bulkhead, we believe a marina is created as it is defined in the Southold Town Zoning Ordinance. We realize, of course, the use of the word "primarily' in the definition might lead one to argue that a marina has not been 'created where only one-half of the bulkhead facilities are being so used. In the application of the. spirit and intent of the Ordinance we would not agree with such a conclusion. The Town Board might, under appropriate circumstances, and incompliance with the Zoning Ordi- nance, create a marina with respect to Town owned property. The Board cannot, however, delegate to the Town Trustees the right to create a marina as appears in the resolution of March 11, 1980. In any event, the entire question seems quite academic, in the light of the fact that there is an existing lease which explicit 1y sets . forth those permitted uses of the property. owned by the Town and leased to the Conservation Department. My opinion is that the lease would preclude the right in the Town to create a marina at the- leased premises without the written consent of the lessee. Finally, even if one were to assume arguendo that none of the foregoing impediments existed, we would, nevertheless, con- clude that the power of the Town Board to regulate the docking of boats, including the establishment of docking zones, with time limitations and the fixing of fees, if any, for the use thereof, are legislative functions of a municipal legislative body which cannot lawfully be de.legated . to the Town Trustees. There is no question that the Town Trustees have the power and authority to grant mooring stake permits. For the reasons set forth above, we do not believe that such permits can be law- fully extended by the Trustees to allow tying of boats to. the Town owned leased bulkhead. —Oa n %14 AMU 191n,gala 516 734.-5100 Town Board of the Town of Southold -4- June 30, . 1980 It, is our recommendation to the Board, however, that this matter be held in abeyance until the return of the Town Attorney- who should review the matter and give a .final determination and opinion to the Board. We trust that -.the foregoing will be of assistance to you. Inc re y, -._..._..- 3.c rd ron RJC/J f o�oc��FFDL,��oG z OFFICE RVISOR TO LD' WILLIAM R. PELL III TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (516) 765-1939 SOUTHOLD, L.I., N.Y. 11971 November 7, 1980 Mrs. Anna Hataier, President Board of Town Trustees Southold, New York 11971 Re: Mooring stakes at Gull Pond (Norman K1ipp Park) Dear Mrs. Hataier: I wish to reiterate my request of July 2, 1980, in'which I and the Councilman request that the Board of Trustees hold in abeyance any applications for mooring stakes which will be attached to the bulkhead at the Norman Klipp Park at Gull Pond. Thank you for your continued cooperation. Sincerely yours, e � S William R. Pell III Supervisor Southold Town WRP:cjh . 362 A regular meeting of the Board of Southold Town Trustees was el,d at 7:30 p.m. , Tuesday, August 7, 1979, at the Town Hall, Main r, Road, Southold, New York. Present were: President Philip G. Horton Trustee Scott Harris :,Trustee Anna Hataier Trustee Paul..Stoutenburgh : 'Councilman>John .Nickles (8:30 p.m. ) Kathy Romano, Suffolk Times (part) Motion was made by;-.Trustee, Hataier, seconded by Trustee. Stoutenburgh to approve the minutes of the regular meeting of. July 3, 1979. Trustee- Stout eriburgh made a motion, 'seconded by- Trustee Anna; . Hataier to accept the.' resignation of ,John Nickles who. has( been appointed Councilman by the Southold Town Board. Property owners from the Gull Pond area attended the meeting in protest to the Board of- Town .Trustees issuing permits for mooring at the bulkhead at Gull Pond. The agreement with the New York Dept. of Environmental Conservation will be studied and reviewed . with the Town Attorney. Trustee Hataier made a motion, seconded, by Trustee Harris and carried to table action on the applications of Gary Charnews, Allie Hansen and Larry Lakowitz for further study of the agree- ment with the New York State Dept. of Conservation and consultation with the Town Attorney. The matter of the application for a Wetland Permit #40 of George Thogersen to place bulkhead along shoreline of approximately 95 feet at the northerly end of Fordham Canal was discussed. o The following from the minutes of July 24, 1979 of the Southold Town Conservation Council was read. "The Council found that the project was already completed prior to its . inspection. Therefore, it was impossible to inspect the site in original condition and the Council is not able to make a recommendation for approval or disapproval. In addition the Council finds that the way the project was completed that the grading was done wrong and the return wall on the south end of the bulkhead was of insufficient length and heighth and severe erosion and siltation will occur with a heavy rain. The Council recommends that this be immediately corrected .to the satis- faction of the Conservation Advisory Council before any building permit is issued. " Motion was made by Trustee Hataier, . seconded by Trustee Harris �. and carried that the Board of Town Trustees agrees with the findings . of the Conservation .Advisory Council with the additional comment that this emphasizes the problem of contractors continually functioning in this Town without permits. 367 A regular meeting. of the Board of",Southold �Totivn. Trustees was held. at 7:30. p.m. ,. Tue'sday-, ,' September 4, 1979•, at ,the Town Hall, Main Road,: Southold, New, York'.- = Present were: President Philip .G.•.Horton Trustee -Scott Harris. : r. . Trustee Anna Hataier :;Trustee. .Paul ,Stoutenburgh . .: Trustee Cynthia Kaminsky Peter Boody, Suffolk Times Antoinette Berkoski, Lc I. Traveler-Watchman Roberta Sinnott, League of Women Voters Trustee :Hataier .made a motion, seconded by-,:Trustee Stoutenburgh and carried to ..approve;.,the minutes of..the meeting of. August .7, .:1979. On motion- made by Trustee :Stoutenburgh, , seconded by' Trustee. : Harris, it was RESOLVED to. approve the. applications of Gary P. Charnews, : Allie .Hansen and Larry- Lakowitz -to place offshore stakes from bulkhead. -at ,public property at Gull Pond.: Letters were presented from the Cleaves Point Association, Mr. Mandel and Gull Pond West Association. All were in objection to moorings being placed at the bulkhead. There were approximately 50 •people .present primarily concerned with the �commercialism .of the area in their opinion. It was suggested and agreed to by the Trustees that a special meeting be held including representatives of the Baymen' s Assn., Gull Pond residents, the Town Attorney, Town Board Committee dealing with these matters and the _Board of Town Trustees. The Gull Pond residents requested that they be allowed to bring their attorney with them. Trustee Stoutenburgh withdrew his motion and Trustee Harris withdrew his second to it. On motion made by Trustee Stoutenburgh,. seconded by Trustee Harris, it:'was RESOLVED to table the applications of Gary Charnews, Allie Hansen. -and ,Larry Lakowitz, to place ` offshore stakes from bulkhead at ,publiC property at< Gull Pond until the next regular meeting of the Board. i :, Vote;-of. the. Board.: Ayes: Horton, Harris, Hataier, Stoutenburgh Kaminsky Mr. William Nicol and about 25 residents of the Fleets Neck area appeared before the Board. Mr. Nicol is president of the. . Fleet' s Neck Property Owners Assn. The discussion had to do with the discontinuance of; access. to the creek at . the end of .East Road in Cutchogue. There was question if the trustees owned this piece and, if so, it should be maintained by the Town ,of Southold. The 370 - A regular meeting of -the Board' of Southold Town Trustees was held- at 7: 30 p.m. , Tuesday, October 2, 1979, at the Town Hall, `-. .': Main Road, Southold, New York. Present were: ``President Philip G: Horton rt ::Trustee Scott:,Harris Trustee Anna Hataier Trustee Paul Stoutenburgh :Trustee Cynthia Kaminsky Troy Gustayson, Suffolk Times Roberta Sinnott, League of Women Voters Trustee Hataier made a motion, seconded by Trustee Stoutenburgh and carried. to. approve the minutes of the meeting. of September 4, 1979. On motion made by President Horton, seconded by Trustee Harris, it was RESOLVED to .deny the application of Gary Charnews to place offshore stake with pulley line to bulkhead at public property- at:'- :- Gull Pond. This action without prejudice to a future application. c . c c:c - - .. . Vote of(,the Board: .Ayes:; Horton,• Harris, Hataier, Kaminsky Abstain: Stoutenburgh On motion made by President Horton, seconded by Trustee Harris, it was RESOLVED to deny :the .application of Allie Hansen to'.place offshore stake with.:pulley_1ine :t6 bulkhead at- public property at Gull Pond. This action is .without prejudice to a future : application. Vote of the Board:. - :Ayes:( Horton, Harris, Hataier, Kaminsky. - . - :Abstain: Stoutenburgh On motion made by Pre sident .Horton, seconded by.'Trustee: Harris, it was RESOLVED to deny the application of Larry Lakowitz to place offshore stake with pulley line to bulkhead at public property at Gull Pond. This action is without prejudice to , a future application. Vote of the Board: Ayes: Horton, Harris, Hataier, Kaminsky Abstain: Stoutenburgh Mr. Stoutenburgh abstained because according to the minutes there C was supposed to be a special meeting with parties concerned and this meeting was not held. P. S. . - Previously Lled; inadvertently omitted th esignated Town of Southold, Board of Trustees from the address. N I-3E1F1BERT R. HANDLE 90 Lexington Avenue, New York, N. Y. 10016 Telephone: (212) 689-7190 August 30, 1979 'Down of Southold Board of Trustees Southold 2lbw7ihall Main Road Southold, New York 11971 Subject: Gull Pond Boat Stake Applications ' Gentlemen: I am the owner of property located at #1000 Inlet Lane Extension, with riparian rights on Gull Pond directly opposite the.bulkhead forming Klipp Marine Park. I have previously expressed my oppostion to the granting of such stake-out permits, making use of said bulkheads. I wish to advise you as follows: 1) The granting of such permits at Klipp Marine park constitutes an unconstitutional leasing .of the latter. 2) The use of private boat stakes for eemnercial purposes in a residential area violates the Southold Tom zoning code. 3) The fastening of boat stake lines to the Klipp Marine Park bulkhead violates the Southold Town code (boats, docks and wharves) . 4) The expanded use of boat stake in Gull Pond poses a threat to the beaches and potential violations of Southold Town code (boats, docks and wharves) . 5) The granting of such permits may create an "de facto" marina in excess of the Trustees jurisdiction and power. 6) It is the responsibility of the Trustees and the Town Board to implement the "Master Plan" which calls for the establishment of proper public marinas. 7) The Trustees have failed to issue any standards relative to the use of, or issuance of such stake-out permits violating my constitutional right, of due process. 8) This use also would be in violation of my riparian rights. 9) It is the responsibility of the Totm Trustees to insure that ecological impact proble-Ts axe not overlooked in such matters.' I respectfully wish to inform you that should you persist in failing, neglecting, and/or refusing to deny the subject applications, 'I will proceed to enforce my rights by whatever legal means are at my disposal, including but not limited to, the recovery of damages sus- tained as a result of the diminution of my property's value, together with such other damages and costs which I may sustain. Very truly yours% ' HRM:la CC: Tom Board Herbert R. Mandel Sent by: Certified Mail, Return Receipt Requested, Special Delivery C, -leg r. E RW R. XvZZLN 3=)E 1—i . Adg. D2te_2& 90 Lexington Avenue, New York, N. Y. 10016 File All� � Telephone: (212 689-7190 _^ --�G ~.. st 30, 1979 Southold Tow, hall r It A(JG ,'� t 1g79 Main Road Southold, New York 11971 Subject: Gull Pond Boat Stake Applications TOWN OF SOUTFIOLD Gentlemen: I am the. owner of property located at #1000 Inlet .Lane Extension, with riparian rights on.. Gull Pond directly opposite the bulkhead forming Klipp Marine.Park_ I have previously expressed my opnostion to the granting of such stake-out permits, making use of said bulkheads. I wish to advise you as follows: 1) The granting of such parm;ts at Klipp Marine Park constitutes an unconstitutional leasing of the latter: 2) The use of private boat stakes for eom iercial purposes in a residential area violates the Southold Toxm zoning code. 3) The fastening of boat stake lines to the Klipp Marine Park bulkhead violates the Southold Town code (boats, docks and wharves) . 4) The expanded use of boat stake in Gull Pond poses a threat to the beaches and potential violations of Southold Town code (boats, docks and wharves) . 5) The granting of such permits may create an "de facto" marina in excess of the Trustees jurisdiction and power. 6) It is the responsibility of the Trustees and the Town Board to implement the "Master Plan" which calls for the establishment of proper public marinas. 7) The Trustees have failed to issue any standards relative to the use of, or issuance of such stake-out permits violating my constitutional right of due process. 8) This use also would be in violation of my riparian rights. 9) It is the responsibility of the TO n Trustees to insure that ecological impact problems are not overlooked in such natters. I respectfully wish to inform you that should you persist in failing, neglecting, and/or refusing to deny the subject applications, I will proceed to enforce my rights by whatever legal means are at my disposal, including but not limited to, the recovery of damages sus- tained as a result of the diminution of my property's value, together with such other damages and costs which I may sustain. Very truly yours, HRM:la Herbert R. Mandel cc: Town Board Sent by: Certified Mail, Return Receipt-.Requested, Special: Delivery y L . T^h�.:,;...r' r•'x£ - . y�� t t lM:. .Ey ..rz.y;�'' ......:.; _ _ +M_ ,..--,,,7-- _:-CEIVED SEP 41979 New York State Department of Environmental Conservation Town Clerk Southold Building-.40 SUNY Stony Brook, NY 11791+ Commissioner Robert F. Flacke August.29, 1979 Ms. Judith T. Terry Town Clerk Town of Southold Southold, NY 11971 Re: State Boat Launching Ramp Gall Pond, Town of Southold Dear Ms. Terry: Your.'August .$, 1979 letter to Commissioner Flacke, has been routed to me for'direct reply. I have reviewed my file and determined the following circumstances re— garding the agreements to which you refer. 1. Lease Agreement dated September 24, 1965, filed in the Office of the .State Comptroller as Lease No. 5510 on November 16, 19652, was also recorded in the Office of the Suffolk County Clerk on January 13. 1966 in Liber 589L. of Deeds at Pages 20 through 29 inclusive. 2. Responsibility for the above named site was transferred to the Office of Parks and.Recreation, State of New York Executive De— partment, by virtue of a Memorandum 'of Understanding dated July 21, 1967 and effective September 1, 1967. 3. The 1970 «termination agreement" appears to be in conflict with the intent of Items 1 & 2 above, both in terms of lessee/lessor obligations and the authority of the State agency responsible for the site. I cannot find an executed copy of the termination _ agreement. I doubt one exists..- If the Department can be of further assistance, please contact me. Ve y ruly yours RCR:tmd 'chard R cc: . Comm. Flacke Regional Supervisor D.J. Middleton Lands & Forests F. Nyland CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK August 28, 1979 Southold Board of Town Trustees Southold Townhall Main Road, Southold, New York 11971 Subject: Off shore stake permit applications Reference: Town Bulkhead at Gull Pond at Klipp Marine Park Gentlemen: we are unalterably opposed to the granting of any of subject permits on the grounds that; A. The town trustees jurisdiction is to the bay bottom and not to the bulkhead forming the upland. B. No environmental impact statement or study has been made concerning the ecological effects of establishing such permits on this dead-end bight as is required. C. The detrimental effect on property rights and values should such misuse of the trustees powers be successful, i'Jould be substantial and would subject the town to excessive costs to control and to defend the unfortunate and forseable results. Very truly yours, CLEAVES POINT PROPERTY OWNERS A/SSOC/IATTI�ION, INC. JV:la Joseph Vandernoth President cc: The Town Board, Town of Southold . The N.Y.S. Dept. of Environmental Conservation Sent: Certified Mail, Return Receipt Requested CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK August 28, 1979 Southold Board of Town Trustees Southold Townhall Main Read Southold, New York 11971 Subject: Off share stake permit applications Reference: Town Bulkhead at Gull Pond at Klipp Marine Park Gentlemen: We are unalterably opposed to the granting of any of subject permits on the grounds that; A. The town trustees jurisdiction is to the bay bottom and not to the bulkhead forming the upland. B. No environmental impact 'statement or study has been made concerning the ecological effects of establishing such permits on this dead-end bight as is required. C. The detrimental effect on property rights and values should such misuse of the trustees powers be successful, would be substantial and would ..subject the town to excessive costs to control and to defend the unfortunate and forseable results. Very truly yours, CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. JV:la i,%'Joseph Vandernoth . ✓ President cc: The Tbwn Board, Town of Southold The N.Y.S. Dept. of Environmental Conservation Sent: Certified Mail, Return Receipt Requested - + Southold Town Board, Southold Town Trustees Town Office 22 July 1979 Main Road, Southold New York 11971 Greetings : The writers of this letter, Miriam and Francis Conant, are owners of property adjacent to the Norman' E. Klipp Marine Park at Gull Pond. We are concerned over recent developments at the Park which if carried forward are almost certain to damage property values in the area and to impact negatively on the ecology of adjacent wetlands and the waters of Gull Pond itself. We refer to the placement of a mooring stake off the bulkheading of the Park adjacent to our property and the apparent use of this mooring stake and the Park' s facilities for commercial fishing. We have heard there are plans to set out many other such mooring stakes , and we will be grateful if our views on this matter can be heard, initially at least via this letter. The letter is being directed both to the Southold Town Board and the Southold Town Trustees because we are unsure of just where jurisdiction is lodged: the Town Board for the policy governing the use of Klipp Park facilities , and the Trustees for -settIng, out mooring stakes off the Park' s bulheading? Our concern was aroused a month or so ago when we noted two powerboats apparently permanently tied up to the Klipp Park bulkheading. One boat was tied up right next to an official Park sign limiting docking time in that area of the bulkheading to two hours, and the other boat was using a mooring stake set off the bulkheading directly opposite to another official Park sign saying no docking at any time. The first boat was recently removed, but we do not know if this is permanent or not. The second boat, an outboard powered . skiff , is still tied up to the Park' s bulkheading and mooring stake , and, in .addition, is being used to work local fish traps apparently for commercial sale of the catch. The catch is off-loaded onto a pick-up truck each day, and driven off. It was our understanding that the Klipp Park facilities were not open until 6 :30am. But for the past several weeks tl skiff ' s outboard has been started up at 5 :15am, a startling noise so early in the morning. Also, because the Klipp Park gates were locked, our property was being trespassed in order to load the skiff ' s gear from our own bulkheading. When we said we could not allow this , the trespassing stopped, but then the gear was simply handed over the Park gates. Within the present week we noted a police officer talking with the skiff ' s operator, and since then the very early morning activities have stopped, and the pick-up truck is no longer illegally parked outside the Park' s gates. The obviously commercial nature of the fishing continues, however, and this is a source of continuing 2 - concern. If a change in policy has been made, or is about to be, regarding the use of Klipp Park facilities for strictly recreational purposes we feel that such a change should involve notification of the residents of the Gull Pond area and open debate of the issue. We pay taxes--- high taxes--- on the residential status of our property. The value of these properties will be decreased by permitting commercial use of the Klipp Marine Park facilities. The late Mr. Martocchia saw this very clearly. Several years ago the writers of this letter had allowed---- for a few weeks only, in the springtime--- a local fisherman to ready his stakes and other trap gear on our property. The bow of the fisherman' s boat was tied off to the Klipp Park bulk- heading, and the stern to our bulkhead. Mr. Martocchia paid us a visit. Inhis usual forthright manner, he told us that by permitting this use of our property our residential standing was threatened, and, furthermore, we were abetting commercial use of the Klipp Park facilities in violation of Southold Town regulations if not State and County law. We then spoke with the fisherman, and he moved his base of operations elsewhere--- off our property and away from Klipp Park. Is the policy regarding use of the Park' s facilities now being changed so as to favor commercial rather than recreational usage? If so we , as well as other residents of the Gull Pond area, would welcome the opportunity to express our point of view about such a change. There is also a real concern about the ecological effects of establishing off-bulkhead mooring stakes on the local wetlands and waters of Gull Pond. As you know, the Klipp Park bulkheading is along one side of a deadend bight which is not vigorously scoured by the tides. Even now there is a tendency for debris to accumulate. A change in policy allowing boats to tie up to the Klipp Park bulkhead as well as permitting off-bulkhead mooring stakes would exponentially increase the accumulation of garbage , debris and oil slicks in the dead-end bight, thereby affecting the adjacent wetlands. A change in policy allowing permanent mooring stakes or tying up to the Klipp Park bulkheading raises an environmental threat whose impact should be assessed beforehand, not afterwards. In fact it is our understanding that environmental impact statements are required by law if changes in the use of existing facilities such as those of the Klipp Marine Park are being contemplated. If such changes are being debated we would welcome the opportunity for presentation of our own views as well as those of others in the Gull Pond area. We are all affected. Respectfully, , Miriam B. Conant Francis P. Conant 870 Inlet Lane Extension 1261 Madison Avenue P. 0.pBox 572 New York, NY 77e1299t, NY 1194 83128195 i - 1 OFFICE OF THE UNDERSIGNED 90 Lexington Avenue New York, N. Y. 10016 (212) 689-7190 jul.y 3, 1979 Southold Board of Town Trustees Southold Townhall Main Road Southold, New York 11971 Subject: Stake Permit - Offshore Stake Grill Pond Reference: Application of Gary P. Charnews - to place offshore stake from municipal bulkhead at Gull Pond Gentlemen: I wish to express my opposition to the granting of reference application for an offshore stake within the area of Gull Pond. I am.contract-vendee under an existing contract of sale for premises 1240 Inlet lane Extension, Greenport, New York 11944 with water frontage and dock directly opposite town bulkhead effected by the referenced application. Gull Pond is bordered by one family residences of very substantial value. Permitting stake- out docking from the municipally controlled land within this area will have a negative influence upon property values; will increase cost of policing and maintenance; will subject the town and municipality to increased insurance costs; will provide a source of constant complaint from all effected property owners; will be an extravagance and needless expense due to the fact that there are, at the.present, over ten (10) existing stake-outs in Sterling Harbor with munici- pal car parking directly available that are not in use. The close proximity of Sterling Harbor makes the granting of additional stake-out pe-m-4 to in G'u 1 Pond., a needless extravagance. The trustees should know 'cheat the permit already granted " (for a small outboard boat)" is being used commercially for fishing by said boat, and should not be renewed or yJermitted again, particularly when other more commercial areas are easily accessible, such as: Sterling Harbor. The original intent of dredgin bulkheading at Gull Pond was to encourage resi- dential property development a use, and to make available a public boat launching site and public -beach. Mooring to or against bulkhead except as incidental to launching or retrieving small boats, is and was prohibited. I respectfully request that should the trustees wish to approve. this current ap— plication, that action on it be tabled in order to permit the submission of ad- ditional documents in opposition to this matter, as well as viewpoints of the local residents, many of whom are still unaware of this proceeding. OFFICE OF THE UNDERSIGNED 90 Lexington Avenue New York, N. Y. 10016 (212) 689-7190 I am enclosing photographs taken as follows: a) Photographs of boat used for commercial fishing with contract-vendees proposed home in the background. b) Comm�.rcial vehicle parked by-fishing boat owner. c) Signs at launching ramp showing two (2) hour mooring intended for launching and/or retrieving small boats, together with sign indicating no mooring permitted. d) Sign showing no mooring pennitted, together with bow of fishing vessel referred to above. V truly yours, HBM:la Herbert R. Mande Box 391 Greenport, New York 11944 OFFICE OF TOwNCr RK TOx1?U,N OF.;SOUTHOLD - JUDITH T.TERRY • `SUFFOLK-COUNTY TELEPHONE TOWN CLERIC 11q, �•+ "„ I';XP (516) 765-1801 REGISTRAR OF VITAL STATISTICS ? T: Southold,.L. I., N. Y. 11971 April 271, 1979 Mr. William Januick Bay Constable Town of Southold Southold Town Police Headquarters Peconic, New York 11958 Dear Mr. Januick: In accordance with a request of the Board of Southold Town Trustees, the Town Board of the Town of Southold requests that you make a sign to be placed at the 150 foot mark facing towards the ramp at the public bulkhead at Gull Pond so this area may be left open with no permanent moorings. Please contact the ' Town Trustees details as to the wording to be placed on the sign. Very truly yours, Judith T. Terry Town Clerk cc : Board of Southold Town Trustees April 18, 1979 Southold Town Board To�,,n. Hall Southold; New York 11971 . Gent'lerien It,: was the consensus of the Board of- Southold Town Trustees that a suggestion be made to the Southold Town Board that a .sign be made. to be- placed at -the 150 foot mark facing towards the ramp- at the public bullhead at, Gull Pond that,-this area; be left open. with no permanent moorings,. Yours truly, PHILIP G. HORTON, PRESIDENT •BOARD OF TOWN TRUSTEES By Muriel Brush, Clerk February 16, 1970 State of New York Conservation Department - Albany, New York 12226 „ ., Attention: ,Director, Division of Motor Boats Dear Sir: I am 'enclosing seven copies of. an agreement which term- inates Lease Agreement #5510, and also provides for the con- struction- of a boat launching facility upon the same tract of land. •'`These copies have been executed by the Town, and. a certified copy of the enabling resolution is attached to each. Thank you for your assistance in this matter. I look forward to the successful completion of the project, for the convenience of the beating enthusiasts intthis area. _ .. Yours- very truly," Albert M. Martocchia. Supervisor. Encl:(7) :, STATE OF NEW . YORK tR Atl tPARIMt t r• R.STEWART KILBORNE A L B A N Y , N E W YORK 1 2 2 2 6 Commissioner W. MASON LAWRENCE Deputy Commissioner LEIGHTON A. HOPE Deputy Commissioner ROBERT E.YOUNG Deputy Commissioner January 2 3, 197 0 IRWIN H. KING Secretary Mr. Albert W. Martocchia, Supervisor Town Hall Town of Southold Southold, New York 11971 Dear Mr. Martocchia: I have enclosed seven copies of an agreement which terminates Lease Agreement #5510. This new agreement also provides for the construction of a boat launching facility upon the same tract of land. Please proceed in accordance with the attached instructions and return all copies of the agreement to this office as soon as possible. If you have any questions regarding this agreement, please contact Mr. Alexander Gronvall, at this address. You may contact him by telephone also on (518) 457-5792. Please accept my best wishes for the successful completion of your project and be assured that we will be available to assist you in any way possible. Very truly yours, JAMES J. W BRIEN Director Division of Motor Boats Enclosures AG:kn ec: S. M. Shapiro W. Delaney A. Gronvall W. J. Kiely B. DeKay NEW YORK STATE CONSERVATION DEPARTMENT DIVISION OF MOTOR BOATS ' PROJECT AGREEMENT INFORMATION 3 1. The authorized Municipal. Official must execute seven copies of the agreement. - ' > 2. A resolution of the governing body of the Municipality: must be attached to each copy of the agreement. Such . resolution must contain authorization for the Munici- pality to enter into the agreement with the State and assure that the Municipal share of the .project is available unless the State has agreed to advance the Municipal share of the project cost. ....(Municipal share of the project cost is listed in the project agreement schedule.) _ . 3. The signed agreements together with necessary resolu- tions must be -returned within 60 days of receipt thereof. If, for some.,reason, it is riot possible to ..meet this deadline, notify the Division .of Motor Boats as soon as possible. 4. After signature by the Conservation Commissioner, ' Attorney General and the Comptroller's Office, one copy of the. agreement will be returned to the Munici- pality. 5. In such agreements where' there are monetary payments . .to be made, it will not be necessary to await completion of the entire project or project stage for payment of the State share. Upon submission of "'satisfactory proof that any phase of the project stage ' has been satisfactorily completed (such as design, ..progress payments to contractor, etc.) , . payments equal to 50'D of the costs actually incurred, less 5/ thereof will be made to the Municipality upon receipt of the necessary vouchers and affidavits. 6. The 5/ withheld from each payment will be reimbursed to the Municipality upon completion and acceptance of the project, „or project phase, by the Conservation Department. AG:la► 1/2 3/7 0 .•.r•,' i ,� �. x ..` � �. M r .. �..cp�a� J�� � / _ �. 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