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Home My WebLink AboutSILVERSTONE, DAVID Caroline & David Silverstone 22 Glenn Road Private Road (P.O. Box 3.01) Larchmont, New York 10538 Orient, Long Island, N.Y. 11957 914-834-6005 516-323-'3518 e-mail address: carondav@westnet.com Tuesday, October 28, 1997 (revised) The Honorable John Holzapfel, Vice-President Southotd Board of Trustees 1670 King Street Orient, NY 11957 Dear John: As I mentioned to you in our telephone conversation, I have restored the old catwalk leading from the gazebo to the water, re-enforcing most of the old pilings and putting down new white cedar boards across the pilings. I had inspected each one of the original pilings and somewhat to my surprise found that all but two were solid, stable and re-useable. The two that were not were right on the water's edge. As you know, Don Van Cleef and I are co-owners of the gazebo. I consulted with Don prior to doing any work on the gazebo and I had his approval to proceed on my own, at my own expense. Don was aware of the work we have done over the past fl,,,~r~.oardo, ~h,. side-walls (which had four ,,~'~ t,, ~,~,~o the o~h~, ~,,.h,m,,, the ~,~, h ~ been vandalized), one of the vertical roof supports (using an old cedar post) and, most recently, the south side of the roof. We used old wood to maintain the look and feel of the gazebo and the new shingles match the original green shingles that were rotted away. We were extremely fortunate in finding old wood planks because Dr. Jerw Dorman offered them to me when he was in the process of cleaning out the storage attic in his workshed on NaW Street (about a year before he and Lois moved up to Mass.). When the roof was completed a few weeks ago, I proceeded to restore the original catwalk. Unfortunately, I did not inform Don of this extension of his original approval to work on the gazebo. Don was completely unaware of the work on the catwalk and has pointed out to me that this catwalk begins and ends entirely On his property. He told me that he does not object to having the catwalk restored but he is very concerned because I had failed to apply to you and the Board of Trustees for approval to restore the catwalk in kind andln place. Because of this oversight on my part, Don and I have agreed that the work I did on the catwalk and any approvals required for maintaining this catwalk are completely my.responsibility despite the fact that it exists on Mr. Van Cleef's property.. -2- I now realize that I was incorrect in assuming that I could restore the catwalk as I did without seeking the blessing of the Board of Trustees in advance. I did however study all the rules and regulations concerning our use of the wetlands and I am therefore hereby requesting that this matter be put on the Board's agenda for discussion as quickly as possible. If this discussion requires any further information, documentation or in-person meetings, all I ask is that we be given prior notice by calling us in Orient or in Larchmont at 914-834-6005. (As you know, I am an Adjunct Professor at Queens College as well as a member of the President's Corporate Advisory Board for the Business and Liberal Arts program.) Our reasoning for wanting the catwalk is that I finally relented and let Caroline buy me a small canoe / kayak (it's called a Poke Boat and it's made in Berea, Kentucky. It only weighs 28 pounds! and it's perfectly wonderful for paddling quietly through the wetlands and studying the flora, fauna and wildlife). Caroline gave it to me on my 65th birthday (last month) and we used it immediately in the bay we own across the road. I had wanted to postpone getting any kind of boat until we finished all the work on our property. I have since learned that one's work on properties out here is never done. Mother Nature makes sure of that...in order to help keep us active and healthy...and poor. We realized immediately that walking through the marsh grass to put it into the water is damaging to the ecosystem at the water's edge. The catwalk will obviate our ever walking again on the marsh and trampling on the hermit crabs and other sea life that we see in the wetlands near the shoreline. Before we ever did any work on the wetlands property we own across the road (two acres leading out to the Bay), I consulted with the DEC and obtained both the Land Else Regulations (6NYCRR Part 661, effective January 16, 1991) as well as a copy of Article 25, the Environmental Conservation Law Implementing Regulations dated 10/01/91 (in case we needed to file any applications for permission to do anything). To the best of my knowledge and my ability to understand these documents (and I do not have any training in legal matters or reading "legalese", we did not need any prior permission from the DEC to restore and maintain the catwalk because it did exist before; because it had been used by neighbors of mine when they were younger; because it represents a use of an existing structure that is entirely in compliance with the environment and because it serves (in our opinion and that of several of my neighbors) to enhance and protect the environment. As I understand the Tidal Wetlands Program document, the following statement applies to what we have done: "continuation of lawfully existing uses (such as the catwalk which predates the formation of the DEC) which do not involve the alteration of land, alteration of wetlands, or changes to structures in or adjacent to the tidal wetland DO NOT (capital letters are the DEC's) require tidal wetland permits." -3- When the DEC was here on Friday, October 17th, at the request of John Tuthill, to determine whether my neighbors from Tom Murray's west of us through to }'ohn Tuthill's east of us could cut down the overgrowth of noxious weeds, trees and other plant growth that is not good for the wetlands, they saw the catwalk (before I did) and they objected vehemently to our having restored it. Dr. Mathew Silfani was particularly upset to find new pilings (right next to the old ones which I had expected to be re-used) but he failed to note what pains we took to insure that the catwalk is fully compatible with the wetlands as well as with the historical nature of both the gazebo and the way it was used when the Mt. Pleasant Hotel owned the property. Evidently, according to my neighbors, UDr. Silfani intends to take action against us and/or demand that the catwalk we restored be removed." He also said the following: "The DEC can and always will supersede any approvals granted by the Town Board of Trustees." That statement alone, John, raises a serious question about what role the DEC thinks the Town Board of Trustees has in protecting and preserving our tidal wetlands, to say nothing of the quality of life we enjoy out here...without outside interference or excessive "controllers" operating out of Stony Brook, Albany, or any other place west of our Town. Lou Chiarelli from the New York State Department of Marine Habitat (?) was with him at the time. Both gentlemen are headquartered in NYS Region 1, Building #40, at Stony Brook (on the SLINY property). Their telephone # is 516-444-0295. According to the DEC (#21, page 20, Tidal Wetlands Land Use Regulations) "ordinary maintenance and repair (not involving expansion or substantial restoration, reconstruction or modification) of existing functional structures, facilities, or improved areas, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, beaches, piers, wharves, pilings, dolphins, buildings, landscaped or paved areas, lawns and agricultural and mosquito control ditches, -- including for example, replacing broken boards in docks, repainting structures, redriving pilings, resurfacing paved areas, or installing or removing lawful structures on a seasonal basis." According to the DEC what we have done does NOT require a permit It is "NPN' (Llses Not Requiring a Permit). We do apologize to the Board for our failure to review this matter.in advance and ask that the Board aDpr~ve of our restoration of the catwalk in kind and in place and Sincerely yours, ! '-" David and Caroline Silverstone Caroline & David Silverstone 22 Glenn Road Private Road (P.O. Box 30t) Larchmont, New York 10538 Orient, Long Island, N.Y. 11957 914-834-6005 516-323-3518 e-mail address: carondav@westnet.com Monday, October 27, 1'997 The Honorable John Holzapfel, Vice-President Southold Board of Trustees 1670 King Street Orient, NY 11957 Dear John: As I mentioned to you in our telephone conversation, I have restored the old catwalk leading from the gazebo to the water, re-enforcing most of the old pilings and putting down new white cedar boards across the pilings. I had inspected each one of the original pilings and somewhat to my surprise found that all but two were solid, stable and re-useable. The two that were not were right on the water's edge. As you know, Don Van Cleef and I are co-owners of the gazebo. I consulted with Don prior to doing any work on the gazebo and I had his approval to proceed on my own, at my ovm expense. Don was aware of the work we have done over the past four years to restore the gazebo, including the floorboards, the side-walls (which had been vandalized), one of the vertical roof supports (using an old cedar post) and, most recently, the south side of the roof. We used old wood to maintain the look and feel of the gazebo and the new shingles match the original green shingles that were rotted away. We were extremely fortunate in finding old wood planks because Dr. Jerry Dorman offered them to me when he was in the process of cleaning out the storage attic in his workshed on Naw Street (about a year before he and Lois moved up to Mass.). When the roof was completed a few weeks ago, I proceeded to restore the original catwalk. Unfortunately, I did not inform Don of this extension of his original approval to work on the gazebo. Don was completely unaware of the work on the catwalk and has pointed out to me that this catwalk begins and ends water entirely on his property. He told me that he does not object to having the catwalk restored but he is very concerned because I had failed to apply to you and the Board of Trustees for approval to restore the catwalk in kind and in place. Because of this oversight on my part, Don and I have agreed that the work I did on the catwalk and any approvals required for maintaining .this catwalk are completely my responsibility. despite the fact that it exists on Mr. Van Cleef's'property. -2- I now realize that I was incorrect in assuming that I could restore the catwalk as I did without seeking the blessing of the Board of Trustees in advance. I did however study all the rules and regulations concerning our use of the wetlands and I am therefore hereby requesting that this matter be put on the Board's agenda for discussion as quickly as possible. If this discussion requires any further information, documentation or in-person meetings, all I ask is that we be given prior notice by calling us in Orient or in Larchmont at 914-834-6005. (As you know, I am an Adjunct Professor at Queens College as well as a member of the President's Corporate Advisory Board for the Business and Liberal Arts program.) Our reasoning for wanting the catwalk is that I finally relented and let Caroline buy me a small canoe / kayak (it's called a Poke Boat and it's made in Berea, Kentucky. It only weighs 28 pounds! and it's perfectly wonderful for paddling quietly through the wetlands and studying the flora, fauna and wildlife). Caroline gave it to me on my 65th birthday (last month) and we used it immediately in the bay we own across the road. I had wanted to postpone getting any kind of boat until ~ve finished all the work on our property. I have since learned that one's work on properties out here is never done. Mother Nature makes sure of that...in order to help keep us active and healthy...and poor. We realized immediately that walking through the marsh grass to put it into the water is damaging to the ecosystem at the water's edge. The catwalk will obviate our ever walking again on the marsh and trampling on the hermit crabs and other sea life that we see in the wetlands near the shoreline. Before we ever did any work on the wetlands property we own across the road (two acres leading out to the Bay), I consulted with the DEC and obtained both the Land Use Regulations (6NYCRR Part 661, effective January 16, 1991) as well as a copy of Article 25, the Environmental Conservation Law Implementing Regulations dated 10/01/91 (in case we needed to file any applications for permission to do anything). To the best of my knowledge and my ability to understand these documents (and I do not have any training in legal matters or reading "legalese", we did not need any prior permission from the DEC to restore and maintain the catwalk because it did exist before; because it had been used by neighbors of mine when they were younger; because it represents a use of an existing structure that is entirely in compliance with the environment and because it serves (in our opinion and that of several of my neighbors) to enhance and protect the environment. As I understand the Tidal Wetlands Program document, the following statement applies to what we have done: "continuation of lawfully existing uses (such as the catwalk which predates the formation of the DEC) which do not involve the alteration of land, alteration of wetlands, or changes to structures in or adjacent to the tidal wetland DO NOT (capital letters are the DEC's) require tidal wetland permits." -3- When the DEC was here a few weeks ago, at the request of John Tuthill, to determine whether my neighbors from Tom Murray's west of us through to John Tuthill's east of us could cut down the overgrowth of noxious weeds, trees and other plant growth that is not good for the wetlands, they saw the catwalk (before I did) and they objected vehemently, to our having restored it. They were upset to find the new pilings (right next to the old ones which I had expected to be re-used) but they failed to note what pains we took to insure that the catwalk is fully compatible with the wetlands as well as with the historical nature of both the gazebo and the way it was used when the Mt. Pleasant Hotel owned the property. Furthermore, according to the DEC (#21, page 20, Tidal Wetlands Land Use Regulations) "ordinary maintenance and '.repair (not involving expansion or substantial restoration, reconstruction or modification) of existing functional structures, facilities, or improved areas, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, beaches, piers, wharves, pilings, dolphins, buildings, landscaped or paved areas, lawns and agricultural and mosquito control ditches, -- including for example, replacing broken boards in docks, repainting structures, redriving pilings, resurfacing paved areas, or installing or removing lawful structures on a seasonal basis.' According to the DEC what we have done does NOT require a permit It is "NPN" (Uses Not Requiring a Permit). YVe do apologize to the Board for our failure to review this matter, in advance and ask that the Board approve of our restoration of the cam, alk in kind and in place and in accordance with the DEC rules and regulations governing the Tidal Wetlands. Sincerely yours, David an ~/ne Sil stone PS: Attached is a copy of the letter we obtained (with the help of lohn Tuthill) from the Town Board of Trustees back in August 1993 granting us permission 2nd growth brush to improve our view of the gazebo and the Bay. to clear the We followed the terms of this letter "to a T' whenever we pruned the 2nd growth brush across the road from our home. (Including our own attempts during the middle of last winter to prune out bittersweet and other noxious weed plants that thehaVesoiln°orbUSineSSpull up beingany roots.in a tidal wetlands area~ stem by stem. We did NOT disturb When the area wa s last cut (about four to six weeks ago) by a man we work NWith' we asked, him finally to ,t~rune all of the weeds down to a minimum of 30 feet orth of the h~gh tide water line, taking special pains not to cut below to three feet and we red flagged those plants and trees which belong to aa heighttidal of two wetlands area. (Caroline has studied at the NeW York Botanical Gardens as an enrolled student and'knows a lot more about this than I do.) When we returned from my teaching and college responsibilities, we were shocked an d dismayed to find that it had been cut down to a height of about a foot in most places. Evidently, the bush hog he was working with could not cut at a height of two to three feet. The man told me it would be very dangerous to do so. We will certainly let. it grow back up to the desired three-foot height before we prune it again (by hand stem-by-stem .as weactive.) have done before during the middle of the winter when the ticks are no longer Mr. Don Van CIeef Skippers Lane Orient, L.I, N.Y. TRUSTEES John M. Bredemeyer. III, President Albert J. Krupski. Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. Nexv York 11971 August 31, 1993 Caroline Silverstone Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543-3319 RE: SCTM 91000-17-6-4 Last Year the Southold Town Board of Trustees received a request similar to yours from your neighbor to the west, Mr. Welles,. to clear his property on the South side of Rt 25 for the purpose of improving his view of Orient Harbor. The Board grants permission to clear 2nd growth brush for improving views providing the following general rules are adhered to: Prunings not defined as "clear cutting", but the judicious removal of the growth necessary to provide a view. 2. Roots of brush, trees and vines are not removed. No disturbance of soil, so as to avoid siltation of surrounding waters. If you have any questions, please call our office at 765-1892 or may home at 734-7841 in the early evenings. Very truly yoursr Albert J. Krupski, Jr. Vice-President, Board of Trustees AJK:jmd Town of Mamaroneck Office of the Supervisor Town Center 740 West Boston Post Road~ Mamaroneck, NY 10543-3319 [TOWt OF SOUTHOL D 914/38!-~ Caroline Silverstone August 3, 1993 The Honorable John Bredemeyer, President Board of Trustees Southold Town Hall P.O. Box 1179, Southold, NY 11957 Dear Mr. Bredemeyer: In September 1992 we took title to the property at 95 Munn Lane on the Main Road in Orient. This includes .05 acre on the north side of the road and about two acres on the south side. My Mother-in-law, Rose Silverstone, who was the owner until last fall, decided not to deed the acreage on the south side to the "conservancy" when some nearby properties on the south side of Kings Highway were deeded. I have attached a map for your reference. I have also attached a copy of our tax bills showing that we own and pay taxes on the vacant property on the other side of Kings Highway. Now we are trying to determine if we need permission to do some pruning of some trees and brush on the south side where the once clear view is now seriously obscured. (photo enclosed). If permission is required, can you please tell us if the permitting is within the purview of the Board of Trustees. If so, does this require a formal application process? Naturally, we would wait to prune until the nesting season is over in order to avoid disturbing the wildlife. My husband David and I expect to be staying at the house in Orient between August 9th and August 22nd and could discuss the matter with you or someone you designate then. The phone number there is 323-3518. We will try to telephone you while we are there. Our phone number in Westchester is 914 834-6005. If you decide to mail a response to this letter, I would prefer that you send it to my home at 22 Glenn Road, Larchmont, NY 10538. It is likely that we will choose to retire in Orient and we would like to be sure that we get off on the right foot working with the system. We look forward to meeting you. Sincerely, Caroline Silverstone copies to - Board of Trustees This is Recycled Paper ZO ~ z u o o < Z 0 0 /~/ F- Z UJ Z%' Z IbLANLI 6 5 ~J, cl ~ OAk'1 ~ 9 ~.6rJ, c ~ ORI£NT-EASf MARION PARK DI~ITRICT SIr F S[.C NO I~0 t.4& 15,,3 15~4 3.2 A (~1 s,n 25 'Ii~1 g ~'J fO ' ~ 2AL~~