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Home My WebLink AboutSOUTHOLD SHORESi~T~o~Y B. TO,iLL, P.G. ~TTOttNEYS ~T LAW FIRST STREET P. O. BOX 330 RI-VEREE.a~, NEW YORK 11901 July 29, 1991 TELEPHONE: Mr. John M. Bre~emeyer III P~esident, Board of Trustees Town of Southold TQwn Hall P.O. Box 1179 Southold, New York 11971 Dear Mr. Bredemeyer: I represent Southold Shores Boat Ba'sin, Inc. as the successor no Earl Miles, Esq., who as you know passed away late last year. The property owner would like to have this application renewed and I would be grateful if I could be provided an opportunity ~o meet with the Trustees a~ a work session in order to develop a punchlist on steps to be taken. May I hear from a member of your staff at your earliest convenience. Very truly yours, ANTHONY B. TOHILL ABT:gh cc: Mr. Glenn JusT, J.M.O. Consulting P.O. Box 447 Quogue, N.Y. 11959 Mr,_ John Bredmier ~resident-$outh~id Trustees Town Hall P.O. Box 1179 N,Y. llRTi 37 Huron Rd. Eellerose Vill. New Yo:k, liOOi March Breadmeir, I appreciate your response to mY letter !8~k. and the time you ha~e spent trying to info~matiMe b~,~o~,n~t ala~d_~th~ ~ddr~ssing · eed to be If we ara not, of wha~ the~,a~e so that they addressed at We need to be told in a clear and timely manner where the application stands ~ Mr D. Mrvica Mrs G. McLean sincerely, HO02 © TRUSTEES John M. Bredemeyer. III. President Henry P. Smith, Vice President Albert J: Kmpski. Jr. John L. Bednoski. Jr. John B~ Tuthill Telephone (5161 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1 [79 Southold. New York 1 I97I Fax (5165 765-1823 Telephone (516) 765-1800 February 26, 1991 John Hassell 37 Huron Road Betlerose Vill., N.Y. 11001 RE: Southold Shores Boat Basin, Inc. Dear Mr. Hassell: With respect to your letter of January 18, 1991, you should know that I met at length with ZBA Chairman Gerry Goehringer recently and am in the process of drafting a proposed local law change to properly address the Town Trustees and Conservation Advisory Council's concerns for providing for "Community boat basins" with stringent environmental controls. Any proposed changes will need the approval oi the Trustees with commenus from the CAC prior to being submitted to the Town Code Committee for fine tuning and possible adoption by the whole Town Board. I plan on starting discussions with my Board and the C.A.C. as soon as I draft a proposal in this matter. Hopefully this process will commence in earnest at our March 7, 1991 meeting. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: C.A.C. Councilmen, George Penny, Chairman Code Committee Gerry Goehringer, ZBA Harvey Arnoff, Town Attorney Matt Kiernan, Assistant Town Attorney Mr~ John Bredemeyer President-$outhold Town Hall P,O. ~ 1179 N.Y. Rd. erose Vill. N~w York, 1t001 Jan. 18,1991 Dear ~ Bredsmeyer, As you know the $outhold Shores Beat Basin Inc,s request to expand the dock remains an open item. I t~o obta~u_' a dock th~oughthat expansion~ L~ ou~ ate~ that the~e~.w0u, ldb~ the tow~ Attorney which w~d. define a permit oo~U~d ha ~n~d. I ~ocument as ~oor~ ~ has b~en ~ 10 months si~ t~e oz~he.~ar fo~ a vot~ and I ~m~ ~re of John, ~lease let me know your plans on this. cc: Mr D. Mrvica Mrs G. McLean sincerely, Mr. Segtt Harris S~pe~iso~ To~nHall P.O,. Box 1179 S~hold NiT..~I971 37 Huron Rd Belte~ose Vill New York,ilO01 February 27,1991 Dear ~r Harris, As you are aware the Southold Shores,'Boat, to expand our dock-remains open. t~-has hold for,almost ten months, pending m*~r~ieW by your I wr~te to you last October asking for your ge~ti=g the Town,Atto=ney to provide the the Southold Trustees~The~ base,bee has, r~peatedly ,~stated that we w0u~d get a bo be resolved before a vote could furnished Mr wi his ~dings there has been no 'pr0E,ress. ~, ~ ~d:me that ~we~hav~ a.r~t~,,t~ · . .~ ~.. ,.. ..... ,~%~ .~ ~,~ . . ~ ... znformatlon mrom your ~r,~orney ms no~so~zved soon, I wi[i ~a~o ~t ~h~t y~u~have no~~ di~ec~d him~ r~ond to s~g~ ~o the a~her apP~zc~s that ~ p~e o~h~r I, look foreword ~o your timely response! ec ." Mr. H. Malone Mr. D. Mrvica Mrs G. Mc Lean HO01 SOUTHOLD SHORES BOAT BASIN, INC. wetland application %665, ~eceived August 12, 1988[with amendments)~ ~ Correction: This application was apparently mis-identified in the Trustees office a~ being at SCTM %57-1-38.3 wken in fact it is at SCTM %57-1-39.3. This lot is in~ the R-40 zoning district. Correction: The revised project map submitted by J.M.O Consulting which was prepared by Gary L. Gentile dated November 7, 1988 and used by the Board of Trustees as a basis of their negative declaration on February 22, 1990 should have been identified by map revision dates of November 13, 1989 and January 2, 1990. STATEMENT OF BOARD As a result of the protracted environmental review, as a result of the substantial questions raised in written communications and by speakers to the Board of Trustees at the required wetlands public hearing, as a result of the substantial changes in envitenmental regulatory rule (Peconic CEA Status, FDA M~r!na guideline) and as a result of omissions, inaccuracies and conflicting information in the public record the Trustees find i~ ~ecessary to of.fer the following: I) Interim findings (A. P~mi~ ~isto~y; B. siting; c. Environmental review~ D. Zoning & Pl~rh~). II)Recision of ~he negative Environmental Declaration for cause. III) Requirements for the application to proceed. IV) vote of the Board'on items r thru III inclusive. I. INTERIM FINDINGS A. Short History The Southold Trustees inan exhaustive search of their files find no record of any wetlands (Chapter 97) permit or grandfathered permit or prior application to the Town Board or Town Board~of Trustees for any of the-aforementioned permits for any struct~re~ ~n~s~te at SCTM ~57-Ir39.~3. .The assumption~by the ~applic&n~in'~ommunications~ between t ir .ttorn~ and environmental conSUltant tha~this'creekwas includ~ Trustee creek surveys of the early 1980Js is inccrrecto The Trustee creek surveys were conducted on Town creeks where Trustee lands predominate. Permits were issued under Chapter 32 of the Town Code only where no public opposition existed for largely pri~ate home structures built prior to the effective date of the Town wetlands ordinance (6/29/71). There is no applicability of a chapter 32 permit to this site as this code is the modern derivative of the Andros Patent of 1676 w.~ich created the Trustees by land grant from King Charles II cf England ~ich refers only to public lands under water and possibly certain "necks and islands". A wetlands permit application dated June 30, 1988 was received by ~J~e Tru~taes on~ugust 12, ~988, logged in and distributed to the C.A.C. for their comments. As a result of environmental concerns raised largely by the N.Y.S.D.E.C. and shared by the C.k.C., the application was amended to change the dock configuration so it extends straight out from the skoreline as opposed to the larger horseshoe pattern. This change a long with D.E.C.'s pump-out requirement s~em~d te address the concerns of the C.A.C. in their initial recommendation to deny the project. It should be noted that formal re-referals of projects to the C.A.C. are not standard practice once the Trustees have accommodated their cencerns~;the Chai~rman of that Bo'ard who attends our meetings usually comments verbally if the mitigation provided would meet with that boards approval. Communications to the Trustees concerning zoning problems at the site were referred to the Town Attorneys office in 1989 with more questions raised than answered. The Trustees initial request of the interests of the planning board (9/9/88) lead us to believe that this was predominantly a Trustees matter. Subsequent co~unications with the Planning Board reveal their interest in conducting a site plan review should it be required (6/21/89). The N.Y.S.D.E~C. issued a permit for the marina expansion based on the revised map of Gary C. Gentile dated Februar~ 13, 1989. On August 1', 1989 the N.Y.S. Department of State issued a consistency certification for the project. On February 22, 1990 the Trustees issued a negative e~vironmental declaration on the amended application based largely on prior approvals of N.Y.S.D.w..C. and N.Y.S. Dept. of State. On March 22, 1990 the Trustees (still without any definitive answer from the Tow~ agencies as to the planning and zoning applicability) conducted the p~blic hearing in this matter. A large number of concerns raised, at the public hearing resulted in the h~earing being recessed with a copy of the m~nutes being referred to the Town Attorney. Thls interim report and the new requirements ~t will ~enerate m~st be subject to a re-opened public hearing prior to any vo~e of approval/disapproval in this matter~ B. Siting © © As previously discussed this project is located at S.C.T.M. ~57-t-39.3 and is apparently entirely underwater land of the applicant. An initial error in tax map typing may have been responsible for a penciled in error on the application that it was "light industrial" zoned (Author unknown). This site is in the R-40 zone and is not light industrial~ The applicant apparently owns no upland and 'derives access to his property and dock by agreement with Southold Shores Property OWners Association, Inc. The initial application shaped in a horseshoe was occasioned by much concern that it would result in the need for dredging t~ future. As a result the amended application (as it currently exists) was submitted to the involved agencies. Although, this revision addressed the structurally based environmental question of ~oat size and-dredging need~, it contains the serious flaw of being too close to adjoining properties. As re~ealed at the public hearing the structure is only five feet (5') from the property of Robert Chilton. The Trustees standing policy on docks prevents construction within fifteen feet (15') of a property line. Additional siting concerns are for sufficient parking and drainage zmprovements should the parking need expansion. As the applicant owns no upland they will have to jo~n with the Southold Shores PropertyOwners Association, Inc. to meet these requirements (Letter of applicant's Attorney, Earl T. Miles offers consent or joinder - 9/14/89). c. Environmental Review The Trustees initial negative environmental declaration was based on the prior approvals of the N.Y.S.D.E.C., C.O.E., N.Y.S.D.O.S. and the assumption that little additional work to the site would bs needed other than the dock itself. Unfortunately the Board was not fully cognizant of the possibility that zoning issues were involved nor were they (or NYSDEC) aware of the substantial change in regulation of shellfish lands adjacent to marinas advanced by the FDA (marina guidelines, copy attached). Since the aforementioned issues all come under the umbrella of S.E.Q.R.A. where the site is now part of the Peconic Estuary C.E.A., it would be imprudent to maintain the current negative declaration. Accordingly the Board should rescind itsnegative declaration, securea Long Environmental Assessment Formfrom the applicant and distribute it among the involved agencies an attempt to mitigate the'new environmental concerns~-.The minimal review should include discussions on the FDA' rule/sanitarYcontrols~ road d~ainage, parking,~Iighti~g a~d pollution/waste control (Wast~'oil~ toxics, D. Planning & Zoning To date the Trustees have received no significant response from a~y number of requesus to the Town Attorney concerning the. zoning applicabilit~y of permitting homeowners a community dock in the R-40 zone. Unless the opinion of the Town Attorneys attacked hereto, the applicant may have to approachthe Zoning Board of Appeals on this matter, with proper environmental controls the Trustees see no reason why residents can not access Peconi~ Bay and its tributaries through a ~edicated community marina and would e~courage a zone change if necessary. The question of the legal form of a corporation "not for for private dock access. With respect to planning, the project should receive a site plan review or planning Board recommendations to the Trustees should a site plan not be mandatory under code. The applicant should join with the Southold Shores Property Owners Association, Inc. as offered by Earl T. Miles and secure planning Board Review of the projects upland parking and drainage needs. II. RECISION OF THE BOARD OF TRUSTEES NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE of February 22, 1990 in the matter of Southold Shores Boat Basin, Inc. to expand aresidential docking facility to twenty two (22) boats. Whereas the Trustees issued a negative declaration pursuant to S.E.Q.R.A. on February 22, 1990 in the aforementioned matter. Whereas unknown to the Trustees and other involved environmental ageneies were substantive changes in shellfish land regulation for areas adjacent to marinas (FDA marina guidelines 1989 annexed hereto) Whereas the Peconic Estuary designation as a critical environmental area took place in 1989. whereas zoning and planning issues raised at the public hearing may require an environmental/permit review by other agencies within Southold Town. Whereas the intent of S.E.Q.R.A. is to prevent a segmentation or partial review of the environmental issues between such agencies and; Whereas the Trustees would likelyassume lead agency in any review of this project~.. © Therefore be it RESOLVED that the Trustees rescind their initial negative declaration of February 22, 1990 and require the applicant submit a Long Environmental Assessment form with sufficient information to mitigate potential impacts from run-off and sufficient discussions to mitigate/control marina related wastes (oil, garbage, toxics, etc.). The Trustees are further Resolved to distribute a copy of said Long Environmenual assessment form to all involved agencies for their comments prior to proceeding in this matter. III. RECOMMENDATIONS AND REQUIREMENTS THE FOR APPLICATION TO A. Recommendations: 1. Applicant should query the Town Attorney as to the acceptable form of corporate entity to make application to the Town involued agencies. 2. Applicant should seek a determination of the zoning Board of Appeals as to the legality of zoning permitting the proposed use in the R-40 district. 3. Applicant should join with Southold Shores Property Owners Associates, Inc. and approach the Planning Board to develop a proper parking plan with drainage controls for the site. B. Requirements for the Board o£ Trustees 1. Applicant shall be a corporate entity acceptable to the Town Attorney. 2. Applicant is to re-submit a completed application denoting all informauion such as "zoning" which was missing on prior forms. 3. Applicant is to amend the revised plan so at no point is the proposed structure within 15' of any plot line. 4. Applicant is to submit a completed Long Environmental Assessment Form with discussions on shellfish lands, drainage and wastes (garbage, oil,. toxics) 5. Applicant is to provide documentary proof from the building department, Town Attorney or zoning Board of Appealsthat the'application may proceed as an approved use in the R-40 district. Upon receipt of all the aforementione~information this. application wlll start with a new S.E.Q.R.A. Coordination. IV. VOTE OF THE BOAT to approve interim findings, recision of the neq~tive declaration and recommendations and requirements in the matter of Southold Shores Boat Basin, Inc. DATED: VOTE OF THE BOARD CC: Town Attorney Planning Board Zoning Board C.A.Ci J.M.O. Consulting Mr. Flynn Mr. Hassel Mr. Weissman onMTRUSTEES · Bredemeyer. III. President Henry P. Smith. Vice President Albert J. Krup~ki, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervxsor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5t6)' 765-1823 Telephone O16)i 765'- 1800 MINUTES OF BOARD MEETING HELD ON MARCH 22r ~990 PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr., Trustee John L. Bednoski, Jr., Trustee John B. Tuthitl, Trustee Jane Blados, Clerk WORKSESSION: 6:00 PM CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF November 16, 1989 AND December 21, 1989: HENRY SMITH movedto approve the November 16, minutes, seconded by JOHN TUTHILL. ALL AYES. Because all Board member did not review the December 'minutes, vote will be held over until the next meeting. NEXT TRUSTEE BOARD MEETING: April 25, 1990. Worksession at 6:00 PM / Meeting at 7:00 PM. ALBERT KRUSPKI moved to approve, seconded by JOHN BEDNOSKI. ALL AYES. NEXT FIELD INSPECTION: April 17, 1990 at 10:00 AM ALBERT KRUPSKI moved to approve, seconded by JOHN BP~EDEMEYER. ALL AYES. I. MONTHLY P~PORT: The Trustees' monthly report for FebruarY: A check for $3,143.28 was forwarded to the Supervisor's Office to be deposited in the General Fund. HENRY SNITH made a motion to accept the monthly report as read, seconded by AL KRUPSKI. ALL AYES. Iio PUBLIC NOTICES: ~ Public noticesare'-posted on the Town.Clerk's Bulletin Board for review andthey include notices of application from the DEC, and COE that thisBoard coordinates activities with. O 5 Board OTrustees JOHN BREUEMEYER: OK, what we have is the proposed extension at the north end of the bulkhead has been reduced to 5' with a 10' return directedaway from the wetlands, and that we to save the tree. JOHN BEDNOSKI: That's right. AL KRUPSKI: Can you read the entire list? JoHN BREDEMEYER: You asked that the extension be eliminated, but that would end th~ bulkhead south of the tree shown on the map. The short extension and proposed return.will permit us to retain the tree and contain erosion problems at that location. A survey of the end of the canal has been prepared ordina~ high water indicated~at It~ the dredging be a depth the canal. ., last month, when t~is was. s is correct, but the in notice that was published is larger than what ~ before it at this time. AL I Couldn't belis.~e its What about the ramp; is that ~ the ramp? to or is ~h~% to be ~U ~a~ed, Jt.~ I~ it the earth ramp.? AL Right. J'IE N~, this new bulkhead will close it off. OK, a~ the dredging is tO remain the same? tn discuss~nS with the DEC, the dredging has to t~e area south of the south side of the existing beyond 25 feet from the new bulkhead, which ~ a shorter the center of the canal. What does the CAC say on this? Mr. Loucka, have on from CAC besides replacing in place. Did a prc~lem With this at all? No, if it's the revised one, no problem. OK, is there anyone here who wishes to speak er a~gainst this application? If not, I will take a close this hearing in the matter of CONSTANTINOS S. So moved. : Second. ALL AYES. I make a motion we approve the application as per been ramp, m~s JOH~ what you J AL Second. ALL AYES. 7:22 PM--JOHN BREDEMEYER: It is now 7:22. The next application is in the matter of J.M.O. Consulting in behalf of SOUTHOLD SHORES BOAT BASIN to enlarge existing docking facility by the installation of (2) 5' x 20' floats and (5) 3 x 18' floatS, based on amended map dated November 7, 1988, revised February 13, 1989. project is in Sage Cove on Blue Marlin Drive, Southold, NY. Is there anyone here who wishes to speak %n behalf of this application? Is there anyone who wishes to speak against this application? YES, I would like .to speak. My name is ROBERT CHILTON. I own the pro~e.rty that's adjacent to the piecein question to the north ~de. We also own a house that w0uld be to the 6 BoardO Trustees west ...... inaudible...rustlin~ of papers...It started out back to oh, some years ago with one of the residents putting a single dock in out there. It expanded one time; it expanded again, and now this is the third time. I see no reason why myself and my wife, as property owners down there, should be subject to kaving a commercial or non-commercial marina put mn our front door. I mean, whether it's for ~he residents or whether it's for outsiders, it. really doh't make a lot o~ differenca. I mean, if the people wanted to have boats, they should have bought proper~y that had waterfront facilities so they could have a boat; that's what I did. tf they wan~ to have a boat and t~ey haven't go~ that~ I think th~ should put them in a ms~ina. But I don't think a marina should be pn% down on t~e end-of the street. It's j~st out of place; it's toe.big already, and I don't think it ~ould ~et any bigger. I'm not even sure that it was put in legally as big as it is. Was there ever a permit issued on it, from the Town? Does anybody know? I'm no ~tega% ea~le here, but ..... JOHN BREDEMEYER: To the best of our record, this may h~ve b~en p~ior to T~stee jurisdiction in this area, so we have no Trustee record of permits. MR. CHILTON: How far back does Trustee jurisdiction go? JOHN B~EDEMEYER: Our jurisdiction on puJ01ic land goes back to 1676, but this is private bottom. Mil. CHILTON: So you had no 3urisdiction on private bottom as of five years ago? JOHN BREDEMEYER: We gained jurisdiction on private bottom with wetlands applications as an approving agency. It was in 1984, as a result of Town Board Resolution. I can get you the exact dates; I don't have them on the tip of my tongue~ but that was the first time we took that jurisdiction. Prior to that, the Trustees were advisory along with the CAC, directly to the Town Board. We both issued an advisory opinion and the Town Board held all the wetlands hearings and all the permit issuances. MR. CHILTON: Well, but there was no ah....inaudible~ two people Speaking... JOHN BREDEMEYER: No, they were Army Corps, it was an Army Corp and a DEC permit issued for the project, and there were some indications given to the Trustees, that prior to that there may have been a structure on site. We have no record of that, but there was a communication in the file indicating that. MR. CHILTON: It's been, you know, like I say, a single dock that one one of the residents put in back in, I don't know, has to be fifteen years or more, and little by little it's getting bigger, and I really don't want a marina, whether its commercial or non-commercial on my front door. I can't see any reason why my property should go down hill, so somebody can improve the value of theirs, and basically, that's what's happening. Once they secure this mooring right, this dock space, it's a salable item. It's worth money to them, but it's coming away from me. I mean, if you want to sell a house, and it's pristine~ harbor out there, that's one thing, but if you got and see twenty-five or thirty boats out there, that's O 7 BoardO Trustees else again. If I wanted that kind of property, I wouId have gone down to Sterling Harbor, and I can't see where the Town has a right to granu somebody else the right to move in on what's there already. It wasn't there when I bought, and. I don't think it should be there now~ but for it to get bigger, is ridiculous. I, spoke to you this afternoon about seb_back on it. I mean,, there's..looking to set this thing up five feet from the property line. Now, that was wrong. I mean, I thought it was; Ididn't know if there was any rule or regulations that the Town had on how far on waterfront property that you could get to the line. I k~ow it's fifteen feet on residential or something like that, which you know, makes sense, but the fact that this thing live bp the road, wkether it's a house, ten houses or the other end of the developr~ent, and it doesn't affect them, but it does affect me. ttE~/RY SMITH: Excuse me, Mr. Chilton, who owns the property where tk~ marina is proposed? MR. CHILTON: Southold Boat Basin, Inc. HENRY SMITH: Which is? 1CE. CHILT~ON: Residents of Southold Shores, but a separate corporati0~. They~ got this thing t~gether, I was part of the association when it started, and I think they just kinda said, "Hey, we~ go~ a good little thing going here. We'll incorporate this~." I think what Charlotte Sage sold the property, I don't think she thought she was selling to individuals, I think she thought she was selling to Southold Shores as a community. I don't believe it's that anymore, because if it was, and you owned a house and you had a dock, when you sold the house, it would seem that the dock would revert back to the next person in the community in line, not the new person coming in and buying the house, an~ I think that's the way it's working. It's not set up the way it should be. It's not benefiting everybody in the- comm~ity, and it's, like I say, it's hurting me; it's going to hurt my property value, I know that. It's too big already, and I don't think it should be any bigger. HENRY SMITH: Thank you. JO~NBREDEMEYER: Is there anyone else who wishes to speak against this application? Let's start in an orderly fashion around. Mr. Loucka, would you like to speak first? BR~CE LOUCKA: Question again, this is a revised one, this one's approved by ~he DEC, and there's one before you now? JOHN BREDEMEYER: D~C and Army Corps, yes. MR. LOUCKA: They have approved it? JOHN BREDEMEYER: This is the revised one we have before us now. Had you seen the one prior to the horseshoe-shaped one? BRU~E LOUCKA: Yes, that we disapproved. We were not in favor of the ~i~st,one. ~ ............. JOHN BREDEMEYER: I believe the DEC bad a problem with that also, because of the potential need for dredging they were trying to. avoid. I!m,going to have a check of the fil sure we voted this amended permit at some time, also. OK, we're going to move around the room. I think we'll start in this fashion. Mr. Flynn, would you like to speak? F. M. FLYNN: My name is F. M. Flynn. I'm a resident of Southold and a property owner. I have some fairly, unfortunately extensive, remarks to make. However, this is a complicated problem and the Board of Trustees, that's what the appTicant ...over a period of 3 or 4 years...covered. I'll read from my notes and attempt to get through this as ~ckly as possible. FRO~ AUDIENCE: Could the speaker please raise his voice? JOHi~ BREDEMEYER: Yes. MR. FLYR-N: th~fortunately my medication doesn't let me speak too JOHNB~EDEMEYER: OK, the speaker is having trouble speaking because'of a health problem. Those who may wish to hear them, i~ yo~ wish to sit closer or come up to the front. Why don't you ~o~e up to the front. This is understandable. It's diffic~!t sometimes to speak. Mt~., PLICNN: I would like to address three major points in obj~eCt~ng to this application. In addition, I would like to qllestion the accuraGy'of some of the information submitted to the Board by the appli~ant, or its agent, as well well as its pertinence and relevance to the matter at hand. Similar mis-information was supplied to State and Federal agencies. 1.----Subject, Marina/Basin, in my opinion, is an illegal nonconforming use in its Zoning District. As it now exists, it was erected in at least two stages with apparent procedural irregularities ..... JOHN BREDEMEYER: I'm sorry, Mr. Flynn, will you be able.to give us a copy of your comments? .... MR FLYNN: I shall, .... and with no record of the required permits. Rather than e~tertaining an application for its expansion, Town officials in the person of the Town's Enfbrcement Officer, shDuld see to its removal. SECTION 113 of the Southold Zoning Code defines Marina/or Boat Basin as follows: "~A~y premises with one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water...cha~ging tape ..... Do you want me to star~ with that definition again? JOHN B~EDEMEYER: Please, would you. MR. FLYIYN: Again I refer to Section 113 defining marina or boat basin as follows: "Any premises containing one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used for the docking or moorlng of boats, for or without compensation." W~a~ is sought by this application is the expansion of an illegal nonconforming use. Such use is not permitted in an R 40 Zoning District. Further, the Code does not differentiate between commercial and non-commercial marina boat basins. 2.----The applicant has no legal standing to support its application. In addition, it owns no upland. I would disabuse the Board of any notion it might have that 9 BoardO Trustees legal connection between the applicant , Southold Shores Boat Basin, Inc. and the Southold Shores Association. The Boat Basin files its certificate of incorporation with the State of New York, Department of State, on September 30, 1982 (not in 1983 as stated in Earl Ti Miles, Esq.'s letter to the Board. It is perhaps noteworthy that the Corporation owned no land at the time of its incorporation. It is noteworthy that it was formed to provide, not a private, but a public, non-profit boating place. The Cer~ficate of Incorporation gees on to state that the CorpQration is to OPerate "not for the pecuniary profit or financial gain of its merabers, directors of officers." I don't believe you're a~are of this, I'd like to provide you with a copy of the C~rtifi~at~ of In~ to MR. FLYNN: Should I goon? JOHN BREDEMEYER: Please proceed. MR. FLYNN: The S0utho!d Shores Boat Basin was incorporated by three office~s whohappen ko live in Southold Shores. Based on subsequent events, i~t appears that, early on, these officers realized that the basiN, that they subsequently acquired, could not accommodate all residents of Southold Shores. Accordingly, as an insider group, tkey sought control for their own purposes and to their advantage au the expense of other me~ers of the community. Their activities were not publicly announced to all members of the Southold Shores Association. Further, at least one duly elected director of Southotd Shores, was not informed of the incorporation of the Boat Basin until long after the fact; actually, on the very eve of the announcemenn of the Boat Basin's existence to the membership of Southold Shores. MR FLYNN. IS ~EING SEATED. Further, all applications for membership were not considered. If further proof is requizsd of the existence of two separate corporate entities, I refer the Board to its files wherein there is a copy of a Stipulation before the Supreme Court of the State of New York, Index No. 87~14315, between the Southold Shores Association et al, and the Southold Shores Boat Basin, Inc. et al. Here we have two distinct, here we have evidence of two distinct separate, private corporations taking legal action against each other, separate corporation. Any claim of commonality is specious. I must admit I take some personal satisfaction in this spectacle 'of internecine infighting. After the-vilification and opprobrium to which we were subjected, it appears that some members of the Southold.Shores Association finally awoke, however belatedly, to what was actually going on. The Boat Basin was incorporated as a not for profit corporation, as was evidenced in that certificate. We have accumulated sufficient evidence to cast serious doubt o~ this contention. We shall submit our findings~to the New York State Attorney General, New York State Department of State, as well as the Internal Revenue Service for thezr respective determinations. Southold Shor~s Boat Basin, Inc.. is the reputed owner of the i . underwater land describ~d as District 1000, section 57~.Blockil~ O 10 Boar~f Trustees Lot 39.3. Property is in a R 40 Zoning District. Applicant owns no upland. Even were it to own upland, defined in the Zoning~ Code as limited to those defined as "same as Section 100-31C of the Agricultural Conservation District." Section 100-31C (3) (a) clearly states: There Shall be docking or mooring facilities for no more than two (2) boats o~er~than those owned and used by the owner on the premises for his personal use." Special Exception uses in an R 40 District are defined in the Zoning Code under Section 100-30 A.2 B (1) as "Same as Section 100- 3lB of the Agricultural Conservation District except that a chi~dren'~s reoreatio~ camp, labor camp, and veterinarian's offic~ and a~im~I h~s~lt~t are prohibited. Under Section 100-3tB of th~ Zoning Code, no provision is made for marius, boat bas~, or yacht cliffs. Further, were the Board of~ppeals to invoke the "spirit" of the regulation, Section 31-B {7) would.govern. This section states: "~each clubs, tennis clubs, country clubs, golf clubs, public golf c~urses and annual membership clubs catering exclusively t~members and their guests and accessory playgrounds ,~ beaches and swimming pools, tennis courts, recreational hUildingsand maintenance buildings, subject to the following; requirements: (a) No b~ilding thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (5'0) feet of any lot line. That's "a". (c) Such use shall non be conducted for profit as a business enterprise, and under "d" it says: (d) No such use shall occupy a lot with an area of less than three (3) acres. 3) We have now reached a point that, even more pointedly, involves the Trustees. Throughout this application procedure, reference is made to Sage Cove. While it is a cove, I submit that it zs more properly designated an estuary. My Webster's Unabridged defines estuary as: "Part of the sea coast over which the tide ebbs and flows." For a more detailed description, my encyclopedia provides a more precise and detailed definition. "Partially enclosed body of water, having an open connection with the ocean, where fresh water from inland is mixed with salt water from the sea." It is, therefore, properly referred to as the Sage Estuary with all the implications inherent in that -designation. Subject application is dated 10/2/89; over seven (7) subsequent to the effective date of Suffolk County's Local Law No. 29. The law is entitled "Charter Law to Extend Description of Critical EnvirOnmental Area to Peconic Bay. The resolution No. is 869-8, and the effective date of the law is 2/21/89. The effects of the law, among others, is to classify all actions within five hundred (500)feet of the high water .line of the Bay as Type I Actions. As you Know, the subject property is looated forty (40)+- feet from the Bay. Type I actions require Form Environmental Assessment and a 30-day comment period. The C 1I Boa~f Trustees SEQRA manual also states the likelihood of an EIS and would require the "hard look" required by SEQRA. I have been informed, that since the DEC issued its permit on 3/3/89 the project should have been classified Type I, with all that entails. On 2/22/1990, the Trustees issued a Negative D~claration as Lead Agency. Action was classified as "Unlisted". Among the reasons cited by the Trustees as supporting their determination was "an environmental assessment (short form) submitted by the applicant and a "site inspection" by the Trustees. In my opinion, and that of others with whom I've consulted, this does not constitute the "hard-look" mandated by law. ~lso cited is a the Southol~ Town Conservation ng that this project would not have a ~n 'the environment. !' have researched the record~ of this proceeding with some care. wT~h~e only~ ~eferenoe that I fmnd Ks the CAC s dmsapproval of ~etl~ A~plication NO. 665,~ the previous application. However, eeztain~... ~ects of the prev~ousd[sapproval would ~till obstain. The ~o~nd~tion states that the project as submltted would inore~$e ~he ~t~mber and size of boats in the small waterway, w~ieh &ou~d c~-se environmental problems. ~i¥~aS a~e acknowledged sources of pollution. Witness the ~ece~t de~ertifi~ation Of the Sage Estuary for shellfmshlng for them6nths~ o~ May throu~ November. This period coincides with marina ot~erati~ns. In addition, in the application r~li~de ~s p~ced on off-site "pump~out" facilities. By law, reliance ~ann0~ be Placed o~ the uncertain acts of third- p~rtie~. '~Wha~ is.~roposedlhere can only add additional pollution ko a p~im~ s~ellf~shing area. To rCtBrn to the ques~ion of the legality of the existing docks a~d.~heir proposed eXpansion, to the best of my knowledge and be~lef!ba~d ~po~ informati0~ deemed to be reliable, the first S~age ~f the d~ck w~sbuilt~by an individual resident for his ~se an4 withou~ a permit. ~e dock has since been expanded, ~erhaDssevera~ stages. An aerial map provided by the State of New York and amende6 10/25/7!8 indicates docks docks for approximately fiue (5) boats mooredstern first at the bulkhead R~rth of ~he proposed marina site, but none within its confines. On 9/Zt/8~ a DEC perntit was issued to Joseph A. Baum, Esq., a reSiden~ of Southold Shores who did not own the underwater land. It ~is significant that the existing dock had grown from ~ nothing in 1978 to 70 feet in 1982. Town records apparently confirm that no permits were ever issued by the Town. Also of import, is the apparent involvement of the Building Department in this area. A memorandum to Victor Lessard, Administrator of the Building Department, from the Trustees dated 8/18~/88, requests copmes of Notices of Disapproval. No such notices were in the Trustees' file, but the memorandum notes the responsibility of ~he Building Department in this area. Also in th~ files, is a copy of a letter from the Trustees'to J M.O. and signed, by Frank J. Kujaws~ki as Pre i Board of Trustees. It says i~ part: "Therefore been issue~ fo~ the existing doCks; therefore, we cannot O 12 Boar~f Trustees with the permit process for extension of same." It goes on to state the need for a subdivision map and "proof of any prior approvals received for existing structures." To my knowledge, no such proof was ever forthcoming, In his letter of 1/10/90 to DEC, attention Ms. Susan Ackerman, Glen E. Just acknowledged that he was unable to establish when the original catwalks and ramps were originally constructed. It appears certain they were constructed subsequent to 1978, and equally certain that no records for them exist at Town Hall. I wou~d like now to turn my attention to the only Environmental Assessment Form I was able to This is a actins only). It is dated law~ It w~s Basin, Inc. It non-commercial faci!ck't~, Incorporation refers t~ a will allow for ~1 slips, find in'the Trustee's records. Form (for unlisted not ~seab~e under present forSoutho~ld Shores Boat enlarge a private, icate of It states that it r each homeowner in Southold ~hores. While I don't know.how ma~y hOmeowners there were at the time, there weme 51 buildable lots and certainly all property owners would not be provided ~or. Question No. 7 on the form ~ovide~ a revealing answer. Amount of land affected iDitiatly ~ ~l~ately, is answered as zero (0] acres- This is an apparent cO~cession~ that no upland area is involved. Question No. 12 provides an ~a~swer which is negative, but opens a question: Will existing permit approval require modification? Questionably, existing permits, .apparently, is mood. It should also be noted that the required~ Coastal Assessment Form, on the copy I obtained from the TrUStees' file is blank, as is the Declaration of Significance. Incidentally, I noue that Charles W. Bowman notarized this form. I would like to know if he's a member or associate of Mr. J~St's firm. If so, he is apparently the same Charles Bowman ~no prepared the Draft Environmental Statement for S~outhp0rt Development Corporation in its abortive deal with Youngs Marina. As I recall, he stated that a day's clamming in the Sage Estuary area produced three clams. I find this, if correcu, to be more than passingly strange, since the $outhold Beymens Association and other experts have stated that the Sage Estuary is an extremely productive shellfisher¥. I have frequently seen five or more professional clammers working this area, one as recently as this -morning. I would now like to turn my attention to the application submitted to the Trustees from the date of 10/2/89. No application number appears on my copy. The application is for Southold Shores Basin, Inc. with Glen E. Just/J.M.O. Consulting, as agent. Obviously, the property is not located on Blue Marlin Drive. It is underwater land at the foot of Blue Marlin Drive. No tax map number is provided. I find this exceedingly strange for a professional organization. Could it be that it was not intended to delineate the true limits and dimensions ofthe property? ~ 3 Trus tees 1 The width of the canal, creek or bay fronting the property's easterly line, is closer to 400 feet than 600 feet, and the distance to the nearest canal ~s, if you remember from our previous discussions, is closer to 50 feet than 100 f~et. It is incomprehensible that a professional woul~ state that the zening is "unknown". It is obviously in an R-40 District, whatever problems that may produce. Further, persuasive evidence, an argument can be produced that all of the. Sage Estuary is zoned for iow density residential use. And finally with respect to this Certificate of Incorporation States p~blic use, not private use. I would like to point, at this ~oint, to ex~mine the map of this project to see i~ it coiRe~s~th t~e one in my possession. MR.~ FL~ EXAMINE~ ~ M~P JOHN BRE~EMEyER: W0utdyoU li~e to indicate if it is the same, ~j~t~e r~¢ord~ F~YNN: .ye~ I have two versions. OHNBR~YER: OK, fine. MR. FLY,N: I wonder if the Trustees have observed at least two s~ious faults with this map. One, that its northeasterly corner improvements are located within 4 feet of an abutting prope~t~ line. Two, the southerly end of the easterly property line terminates in mid-air or water, as the case may be. If is this an error, is this an error, or is it a deliberate effort to obscure and confuse the actual extent of the applicant's ownership? Over a period of forty some odd years, I have never seen a property delineated on the map and submitted to a official agency that didn't have a complete boundary line description. You will also note that there is no indication of the southerly property line, which confuses or or attempts to confuse in the minds of the Board and others the relative ownership between the Basin and the ownership of the Southold Shores Basin, Inc. and Lot 52, which is in the ownership of the Southold Shores Association. No demarcation between the subject property and Lot 52 is indicated. As for the 4 foot setLback from the northerly property line, this is strangely at odds with Mr. Just's statement in his letter to Ms. Ackerman at the DEC, wherein he states that the DEC respects how close the property lines...how close to property lines one may construct docks. I find it scarcely credible that this minimu~ is four feet. In view of the past history of this property, the restrictions 'imposed on its use by the Zoning Code, the data available in the Trustees' files and in other Town records, and the obvious non-relationship between the two distinct corporations, I request thau the Trustees deny this application in summary fashion. To do otherwise, in the face of the evidence would be the equivalent of creating a parcel with all the utility of the one in the Bermuda Triangle; unconnected to the land and subject to the storms which will surely ensue it. Speaking personally, if in the face of this incontrovertible evidence against this application, originating not only from me, but from other sources as well, the Trustees were to grant this application, I wou~d consider it a form of harassment. I would 14 Boar~f Trustees expect the Trustees to treat this matter entirely within the confines of the law, in accordance with their duties as elected officials with all personal considerations aside. If, on the other hand, we are forced to contest this matter legally, we shall exercise our constitutional rights to consult counsel and pursue whatever legal remedies he suggests. I trust this will not become necessary. Thank you. JOHN BREDEMEYER: Is that type-written that we could also get a copy with that same.. MR. FLYNN: I have a copy for you. OK, I'm going to continue to go around in the I believe I was asking for those who in that vain, could we have repeat some of the Flynnl. Yes, ~ir. We~sman~? I'm sure the~e isn't to this app that Mr. Flynn's thorough but I'm r~alty ~u~ious as Mr. Loucka was. I'm not ~ answer. Is t~s the Same application, apportion nuaiber 665 that w&s previously s~kbmitted to this Boar~? JOI~!I'iISMANN: That application as amended? kW ~ED~EMEYER: This is the amended one with a ... ~' REDEMEYER: As amended, which we approved it for the ~or ~ ~roceeding, the amendment at the prevmous meeting, the i~S~ eting~ MR. B~AN~. In view of the fact, that due to the County's local ~w ~esignating the entire bay area as a critical envi~o~ ~ntal area.. JOHNi~] !EMEYER: Correct MR. ~ _~LIRFN:. In view of the fact that that mandate, the If %his being a Type I action... findi joHN ! ~BME~ER: Well, could I interject one poznt., cause I know bit about SEQRA. It would say it would have to be tre~ ~ as a Type I Action, and there's been some dmso ~i~n. .... TAPE ~S BEING CHANGED. boat slips in a diff', ~n% confi--~at--~pre~ the ~gg~ic Bay SEA and had ~ full benefit of review by our Conservation Advisory the NYSDEC, and it was their feeling at that time, to go with the current configuration of the linear because they wanted to obviate the need for dr~dging. That's where we found ourself now. I'm sorr~ ~t. Do you plan on having a rerevaluation of this? In light of what has been said here, I'm sure the will give full consideration to what's being said. MR. And the present installation of this site, the [ is completely illegal. It has no basis in law at all. It's in total violation of the Town's Zoning Ordinance, and I can't conceive of any manner in which it can be given, granted a permit~u~er the current zoning ordinance. So, under those circumstances, if this Board were inclined to grant this applicati6~, it would have to do s? strJ to action oflthe'enforcement authorities 15 Boar~f Trustees ordinance. And so it would be an empty gesture. Tkere's nothing further that I intend to add at this time, other than to comment again as I did it in my previous communication. I assume that my letter of August, 1988 is part of ~he file and will be ~onsldered in your maks_ng your determination in this matter. JOH/~BREDEMEYER: Well., let's check right now to make sure we have it complete with that letter. I suspect we have everything that was sent to us was put in the file, but just to make sure. We'll check our file. If ngt, we~'ll make a notation of your sllbmittimg a cepy of a lette~ with that date. We probably have it here. Would you wish to continue while o~ the aSSOCiation, bu% the proper~y of the individual members, and the'individual members apparent!ly sell %hese things. It's common ~owl~dg~ that t~hrea o~ them have been sold in the last several ye~s, and t~aE~another one is on the m~rket right now. Now that indicates it is sort of a cooperative type ownership or cond~minium~ype ownership, and that requires the approval o~ the Atto~n~ ~enera~'s Office and the State Department cf State. ~HN BREDEM~fER.- Ok, October 27, 1988 ...I am a resident of So~thctd S~o~es, etc. ('Letter referred to earlier isI in file) JOHN WEiSMA~N.- Now, I'll'leave you with that little' note, thank you very nluch. . JOHN ~REDEMEMER. Thank you. Is there anyone else? I believe we w~re .starting to work this way. I saw one or two hands here. Speaking in'favor of or against? HOWARD MALONE: Thank yo~, my name is Howard Malone. I am a residen~ of Southold Shores, 250 Btue Marlin Drive. I am the president of the Southold Shores Association and also president of the ~outhold Shores Boat Basin, Inc. Mr. Flynn said that this was a. complex situation, and it certainly is. Mr. Flynn's letter or, statements also contain many errors. One of the main errors here, is that the situation when the docks originated. First of all the docks were there before 1978. They were there sometime in 1975 and were completed in thefirst unit in 1976. It was at the time Mr. Weismann's home was being constructed. I don't believe Mr. Flynn's was there at the time, but I'm not sure. As far as the ownership goes, we have a -comple~ situation because the development was started, filed as a map by. Mr. Harold ReeSe in 1963. It consisted, as we all heard, of approximately.!fifty (50) home sites and at that time, Mr. Reese had promisDd ~o deed to any association that was formed by the property owners, the deeds to the roads, the small triangular park, the undeveloped beach area, and of course, there was the hype and promise of the docking facilities or the mooring facilities-that we could have at the east end or. Blue Marlin Drive; and indee~,-they were developed. Dockswere put in. Some time around th~ end of the 70's or earl~ 80's, Mr. Reese came .to one of our1 m~etings, and it was a situation where he.said, you know, I'm not sure whether~thetland.under the' 16 Bo~f Trustees water was really mine to sell. There was a question about the deed, the English deed. So, the situation became known among people in the group tb~t there was a question of ownership, whether or not the only single association in existence at that time, of course, was the Southold Shores Association. At the t~me the question of ownership came up, the heirs to the estate, that did the original transfer, Charlotte Sage, made available land undeT the water for sale. Now the situation scenaEio t~is. We have a ~roup, the association with a membership of close to abo~t thirty-five or forty people of the possible had deeded. It's Robert Chilton, Mr. Weismann and Mr. Flynn, proceeded to buy tke land u//der the water, adjacent to their home sites. This preempted the association ever having e~ough sites for dockage for all of fifty possible home-owners. It was still prudent to do something. W~ purchased the remaining section. We couldn't raise the money on a general solicitation at the meeting. The meeting broke UPs Mr. Flynn was there and happened to help break it up. The situation turned into a self-defense activity by the people there that owned boats. I was one of them; there were thirteen of us. We immediately petitioned the sale from Ms. Sage, and we went through that. We own that land under the water by deed. The particulars following that, i'm not going to agree with what's happening, as far as the details that have been enumerated by Mr. Flynn or Mr. Weismann. But the fact remains,~ their arc3~uments that ?here's n~ver a place, never sufficient ~ize for docking for everyone. they're absolutely right. They helped contribute to that. What we have going on down there now, is a complete stone-walling. You saw evidence of it tonig~ on the presentations. I've never seen a meeting ~like this, where somebody can stand up and go through this ritualistic reading. This to me, is kind of ridiculous. He may have some l~9al rights to do that, I'm sure he dees. I don't think it's in the spirit of neighborliness. We have a bunch of people who ~ave been harassed, stone-walled, and torn apart over eight er nine more docks. Since that wasn't enough to kill off the additional docks, they now have a campaign to deStroy them totally. Now as far as operating a marina, I'm not an attorney, I'm not a legal authoritarian on what's a marina or what isn't. But we're not running a "Port of Egypt"; we're not running a '~Sterting Harbor" operation. These are homeowners. We use the · docks six, sevenmonths out of the year, weekends mostly. ~ 17 Boa~f Trustees Nobody's polluting tl~e wa~er; it's a sad situation when there is neighbor against neighbor in this fashion. I think it's un~air; I think that should be taken into consideration. At our meetings, we have men~bership of approximately thirty-five, thirty-six active pe~le. We have two or three people-here who are obstructing the whole operation to what could be a peaceful settlement. And as far as operating a marina, I believe Mr. Chilton'fits the marina descriptio~th~t Mr. ~lynn, his nemghbor in this act~0n. Mr. Flynn s ~escriptio~ of a marina fits Mr. Chilton's operation, and I'm not out to k~ll Mr. Chi~o~'s situation, but fair is fair. I don't understand why is our but we these speak possibly DE~EYER: Let's let everyone here have an opportunity to ~e, and then we can re-visit for everybody once quickly. A~yon~ else wish to speak on behalf of this application? JOHNH3~$.F~EL: Yes i~ like to say a few words. My name is John HaSSel, and I' have a home in Southold Shores. I believe I bo~qht m~ lot around 1980, and at the time I bouqht it, I had a brochure that said that I would be allowed to sh~re in the swimming ~nd the bo~ting in the Boat Basin and all of those things; and frankly, that's why I.bought it. When I first saw the piece of proper~ and decided to build, I was under the impression I could ~ha~e with the other folks there and have a dock a~d use the be~h and all of that. And how things have ehanged~ as Mr. Malo~ne Said. And now there's a lot of animosity and hard f~elings, but I feel that some of 'the folks ~ho ~e~a~ins~ thi~i, when they bought their property, they also ~oug~t it With the s~hme feeling that this was going to be a ~salmme~ co.n~unity, a~d I feel they should take that into consideration. The~boUght a piece of proper~y with the same Understanding, and ~ the way, While it's in question, I would say most of our deed~ say that we are allowed to share in common wi~ o~ers, the boating community' I feel that we're just asKzng zor what they ha~e and, Mr.-'Chilton has a rather large boat next to his properny, and I haven't said anything about it. I would also s~gest that i~ the layout of the Southold Shores, that two lots havebeen ~llocated to be. used in common, as parks. And Mr. Chilton happehs to be..ah happens to have bought apiece of property directly across from one of those. When he bought.that, he knew tha~ that p~operty was going to ~ used by other folks. So, I can't believe he didn't have some feeling that he was getting into a summer environment, and ah, I feel that should be considered. Last, but not least, I feel that we have tried tO be reasonable in laying out the docks when there was a request for a change in the layout from the horseshoe shape to the extension of the flo~%ing docks, that kind of thing, where.iit would not impact the~ environment. ~e said, fine. All we ~ant to do is. have a little boating an? fishing like other f~tks have, and I guess w~th that, that ~ C 18 Bearer TruStees position. I'm not a lawyer, either, but I feel some of these people who are very legalistic, they read the same documents that I read and unless I misunderstood it, I think they should understand that's what we bought. Thank you. JOHN BRE~.EMEYER: An~ your name, again, for the record, sir? ky name is JOHN HASSEL. JOHN BREDEFIEYER: Ok, I believe, in the back, Mr. Just? GLEN JUST: M~ name is Glen Just, the owner of J.M.O. Co~sul~ing. A few~facts that I...I have to take offense with Mr. Fly~n and the fact that we're not even, he's not even talking apples and oranges. He's talking apple's and watermelons B~¥ Estuary s~tem. The re.a~O~ for that cha~ge i~ ~o~k, w~as for the ar~w~ going ~hoat ~p, and yo~ don'.t want any dE~n~in ~he Euture. ~ DEC has p~t n~?rous ~ecial ~?~di~son the~p~it, sdch as no boats wzth heads Will be at~o dock t~e~e u~tit such time as Yeggs Marina, if ~'S ~er~a~rov~, has a ~p ~t station. Again, there's no e~i~; it's bee~ a well, well thought out and a well reviewed ~ppti~io~. in~ the ~ost two years ~hat I first s~mitted it. There's ~ domple%e paper trail ~rough any o~ the agencies; ~a~s wh~re I take offense With people take one letter from yea~ an~ ~ne ~rom"a~other. You have to cQmplete that trail ~d, agazn, ~Dre are Gozng to be r~ovabl~ docks; can't see where it's goi~ to have any affect o~ the ~viro~t. There's been a~Negativ~ Dec issued; the DEC has issued a permit on it; the CAC'~has r~co~en~d approval; it's been reviewed by the Town Attorney, the ZBA, ~d the Planning Depar~ent, all in conjunctip~ w~th Mr. Kujawski's letter of last ye~. And in ctosSBg, I wou~d j~st like to say that I'm very proud to see that the~ Wall in eastern Europe went do~ in my lifetime. I hope this'one does, too. J~ BR~~: .Sir? C~ GHRI~TI~N. Carl Christianson, also a resid~t of SouthOld ~ores A~so~iation, me~er of the Southold Shores Assoczatzon, not a m~er of the Southold Boat Basin AssociatiOn, Inc. The Southold Shores Boat Basin, Inc., ~e ~iEteenpeopls are neighbors of ours who instigated this dock e~ansio~ in a neighborly fashion to help others who do not 'have doc~ have no room for docks ~ere, and they have tried to do their ~est .... ~ey have no legal reason to do this except for being neig~ors to try to help some of the rest of us. That's wh~ this application is happening. Some o~ o~ ~ei~bors, with th~m, we don't need enemies. ~ere's one other point. ~.. Chilton, have you ever lived there? ~. CHILTON: Does that have anything to do~with it? C~L C~Z~I~SON: Well, you said you lived there and look at it. I'm just asking... ~. CHILTON: I might be living there... ~. C~!$T!~SON: You might, but you have ~. CHILTON: ~at~s strictly my business. 19 Trustees HENRY SMITH: You kn6w, direct it up here. (to the Board) MR.. CHRISTIANSON: Mr. Chilton said that he doesn't want to look at thatbecause he has never lived there, yet. That's just to be sure you understand that. JO~N BREDEMEYER: Th~nk you. Is there anyone here who hasn,t had an opportunity to speak? I think we covered this very well in length. Do you have something additional to..ok, please. MR. FLYNN,: Yes~ I h~ve something that I think is relative!F important~ It'll only ~take a minute. JOHN BREDEMEYER: OK, please. MR. FLYNN: If I may ~ddress you from here, if you can hear me. JOHN~REDEMEYER;~ We can hear you. AL ~SK~: .W~l .the him up? JO~N'BREDEMEy~:~ ~ come up. We want it all on t~pe. FiR. FLYNN: The question of neighborliness has been brooded about here, having issue. JOP/~ BREDEMEYER: Ceuld I stop you right nuw? We're Trustees. You know, I'd Iike to think there could be some neighborliness, but I don't want to sit here as a judge in neighborliness. Let,s.. why ~on't you suspend any comments .... M~ FLY,N: This has technically to do with the ownership of the property. JOHN BREDEMEYER: Let's talk about the technical ownership of the property, not neighborliness, cause I .. MR. FLYNN: It involves that, but the point of the matter is that it was plan~ed to use an area in excess of the boat basin, notably, that portion of the cove under Henry (Weismann's) and my windows as part of the. boat basin. Mrs. Sage offered us the land facing our property. But in addition, she offered us the land whidh is currently the Southold Boat Basin, Inc. I think it was an example of neighborliness that we did not purchase that lan~, but rather, were neighborly enough to let it be sold to the S~uthold Boat Basin. AL KRUPStgI~: I:don't thi~k this is really relevant as to who had the mos~. ~eighborliness. JOH~ BREDEMEYER: Ok, if there are no other comments, I will take a mo~ion to close discussion in this matter from the Board. FROM AUDI,ENCE: Could I make oneshort statement? It has nothing.to do with.. JOHN BREDEMEYER: I think you'll be subject to the pleasures of the Board~ Does the Board want to close the hearing on this matter. I think we heard jus~ about everything. AL KRUPSKI: 'If it's got Some background, something that's relevant, fine, but not if it's going to be some kind of finger-pointing or name calling. FROM AUDIENCE: (Mr. Malone?) No, it's not argumentative. It's in answer to the question of the ownership of the property. The Southold Shores BoatBasin purchased the property,~and as far a.s the uplands requirements for it, the by-laws of'our Southold'Shores Boat Basin, the under water land owners have in their by-laws the requirements that any userand'- member, has to be a member in ~ood standing of the association.. And any mgmber in our associatlon has the rights to go down on 20 Boar~f Trustees the association property and come and go down to the boat docks as they wish. I don't think there's a problem with permission to go down there or come back. So the upland requirements, whether it's a point of law, I don't know, I'm not an expert in that, but it'is a complex case and it do~s have the permission of the majorit~ of the people in the association to allow the Boat Basin people the use of the land between the public streets and ~e private docking down there. As far as the private docking ~oes, we have pledged and have never been in the way of any expansion. That,~s..i,m leading up to why M~. Flynnwas talking about the Southold Shores Association suing the Southold~Shores Boat Basin. We have a few irate ~esidents who ~hought the ~ot def'ending their rights. As a result of B~a% Basin people. The s~t was settled ... what'S your name? "John Hasset" .M~. ~fA~ONE. (eontznu~ng) John Hassel. Sorry, I'm all up tzght. F~r. Hass~l, and several of my neighbors I talked to, we're friends, we discusse~ things, we have drinks together. But the ~fact. remains, as president of the association, I have been smed.a$ the president of the Boat Basin. Until it was settled that with the facts, and it was realized that we weren't s%o~e-~lting internally, the incoming new people have purchased land aRd built houses, and I think that you put to sleep the q~emti~n of~ who ~he Association is and who the Boat Basin is. Exce~ot for the corporate charters, we're pretty much the same peo~le~ Thank yo~ sir. JO~ B~EDEMEYE~: iOK, I will take a motion of the Board to clos~ t~he.., no, I'll tell you what, I'll take a motion to recess the hearing, pending further review by the Board, but with the need toEe-advertise. If someone would make that a motion, so if we have a continuing discussion that there'tl, automatically be a public notification. There's a motion that has been offered by myself, and seconded by AL KRUPSKI to recess and to re-publish, pending a review of the file, the public hearing file. Point of information? FROM THE AUDIENCE: A question, could we please receive copies of the evidence that was presented by Mr. Flynn? JO~N BREDEMEYER: Yes, you certainly may. OK, a motion has been made a~d seconded. Vote of the Board. ALL AYES. Can I have a motion with respect to an approval to possibly table the approval in this matter so we have, you know, continue -this i~ an orderly fashion. (Board is briefly discussing as to when t~e ToWn~Atto.rney should review file) JOHN B~DEMEyER: OK, I think we're on the same track. Why don't w~ take a motion to table the application, we have., we will as soon we can. get a draft copy of the minutes to the Town ~ttorne~, so he has a full list of items that we have. It'll lust be additional comments we have, and all the comments Mr. Flynn had, and th~n we'll send it along to the Town Attorney for his review. And if possible, we will put it back on and re-advertise for next month. Is that amenable? I'll take.. AL Ki~UPSKI: Do you want a second on that? JO~'BREDEMEYEE: If that sounds acceptable. Is there a vote of the Boar~ on that? ALL AYES. JOH~ BREDEMEYER: Does anyone have a question with what we just. did, since there are a number of you here? We tabled the .... there's no approval, we will be collating the commenns from this evening and having it reviewed by the Town Attorney, and we will re-advertise an~ther~public hearing a~ter the Town Attorney and the'TrustDeS have an Opportunity to review the public hearing tonight~(~f tonight) HENRY S~ITH: We'll try to have it next month so as not to delay our decision. Ok, the next matter...it is now 8:27 and the hame begun a~ 7:19 is in th~ matter o~ the~ Use Com_D~a~_y i~ beha~ of ~RANK V~RT~; JR. to ?family d~%lting, sar~tary System on 40,000 to be Located'125' landward of the tidaI sanitary system to be se~ back 212 ' from said' t~e.' 2,00 ' ~ ' ' ~ C.y. of ~11 to be placed w~th~n the building area st~bilizedwith vegetation cover. Approximately 100 c.' fil~ necessary to An 8 ~tvert pipe will be placed beneath to ensure continued ~ctioning Of a~j~ent wet,ha area. Additionally, a 50' ~un~ist~rbed vegetative buffer will be maintained along the entire wetland edge. Property ~s located w/s o~ Bay Avenue, ~tti~uck, NY. · So~ housekeeping; let's see what we have. We have CAC comments, disapproving. We'll want to get an up-date from the CAC. W~ had a letter to AL from the Health Department in coordination. OK, let's Start the hearing. We're going to have to do a little housekeeping on the file here, to bring all the members up to date with the comments of the CAC and the Health Department. Opening the. hearing, Mr. Bowman, I suspect you're here toi speak on behalf of the application. C~UCK ~OWMAN~: I~m Chuck Bowman, president of Land Use Company. Yes, I'd just like to point, factors here. This is a subdivision that came about in the early 1970's, and unfortunately at that t~me, ~here wasn't the great assessments we have now~ as fa~ as the we~. landl area, particularly this, Which is a small, formally connected wetland. Because of that formally connected wetland, there Lsa problem w~th this particular lot, not the other lots in this minor subdivision, one to the north, and one to the south, as far as access. Mr. Vermaelen is building his personal house there.. This is not a specuiative venture at all. He pla~s on retiring ~here. {number of~voices~ cannot hear Mr. BOwman): But the fact remains, that in order to access his house, Which we've set back 220 feet from Bay Aven~e, we have to- cross this ~matl wetland area. We are more than willing, 'and I think w~ made the offer within th~ application· to compensate for thei loss of wetlands Within'the driveway area by recreating on some other part of ~he 'lot. We"re ~alking about a 1000 s.f., and we've~alSo~take~ care to.have a pipe installed'so that we're not interrupting the flow of any water wetlandiare~. ~You'know, if there are answere~, t. certaznly w~ll~ care would be t C TRUSTEES John M. Bredemeyer, III. President Hent~ P. Smith. Vice President Albert J. Kmpski. Jr. John L~ Bednoski. Jr. lahn B. Tuthilt Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD scoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)' 765-1823 Telephone (516~ 765~1800 INTEROFFtCE MEMORANDUM TO: FROM: RE: Gerard Goehringer, Chairman Zoning Board of Appeals John Bredemeyer, President ~ard ~f ~rustee~ ~Bo~a t Zoning Matters in relation Suu ho d Shores Basin, Inc. DATE: November 20, 1990 At the suggestion of the Town Attorney I am writing you as to your Board's interest in receiving the referral of the Trustees in the matter of the Southold Shores Boat Basin, Inc. for a dock expansion. Attached for your information is our draft interim statement currently being reviewed by the Town Attorney, minutes from the March 22, 1990 wetlands (97) public hearing and the consensus position of the Trustees with respect to homeowner association marinas drafted on 11/15/90. I will be available to discuss these and related matters at a mutually agreeable time. After reviewing the attached documents, please take the liberty of scheduling a meeting with my office. I am hopeful to move ahead on this matter at our December 20th, 1990 meeting. cc: Matt Kiernan, Assistant Town Attorney George Penny, Chairman Code Committee / TRUSTEES mhn M. Bredemeyer, IlL President Henry p. Smith4 Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill TeIephone {516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Halt. 53095 Main Road P.O. Box 1179 Southold, New York 1 t971 Fax/516) 765-1823 Telephone (516) 765-t800 August 27, 1990 TO: FROM: RE: Harvey Arn0ff, Town Attorney ~ ~P John ~. Bredemeyer, III, P.T.T. ~' Attached---Zoning in relation ~b~arinas I am sufficiently unfamiliar with zoning matters that I need a written answer in this matter. I am just not prepared to move on this and other current pending "marina" applications without your definite interpretation if a "marina" as defined in the Code in Sec 100-13 is not a permitted use in an R-40 District as Mr. Flynn suggests in his first question. There are two other pending files to which this question must be addressed. Attached, again, for your convenience are my memo of 7/9/90 and Mr. Flynn's comments from the public hearing. Please review these and respond as soon as possible. © © TRUSTEES John M. Bredetneyer, III, President Henry P. Smith. Vice President Albert J. Krupski, Jr. John L. Bednoski. Jr. John B. Tuthil] Telephone (516~ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box t179 Southold, New York 11971 Fax t'516) 765-I823 Telephone (516) 765-1800 July 9, 1990 TO: FROM: RE: Town Attorneys, Arnoff and Kiernan Trustee Office Attached File--Southold Shores Boat Basin Please review the top three documents in the file (minutes, submittal of Frank Flynn and Certificate of Incorporation). Essential questions of zoning raised by Mr. Ftynn have arisen and are highlighted in the hearing minutes for this the pending application of Southold Shores Boat Basin, Inc~. The prior Town Attorney's directions were never given to me personally, and what appears to be scribbled in the jacket of the folder is that permits would have to be issued for the existing structure first. After a thorough search, we find no wetlands permits in existence for the existing structure which is a "community marina." Some of my questions for your office are: Is the existing structure an "illegal" non-conforming use or is the question of legality to be determined by the ZBA? Should application for existing, proposed addition or both be made to the ZBA, Trustees? If it's. an "illegal" non-conforming use, should we institute action to have the structure removed, or should we deny the application for a number of defects and reasons and start all over after ZBA review? Even though application was made before the Peconic CEA designation because of time delays, apparent mapping deficiencies, CAC problems, insufficient side line "setback" and changes in the National Shellfish Sanitation program, the Trustees will likely request a Long Ehvir~nmental Assessment Form, a new map and additional information at the same time we offer you potential suggestions on the zoning issue. For your information, others have recently contacted this office as to the possibilities of creating a "dedicated" community marina for a subdivision in 9 R-40 Zone. tt looks to me as if such a marina could have no more than three (3) boats under current zoning. What do I tell them? Please take ths liberty of scheduling a 7:45 AM meeting with this office to discuss thesematters. Thank you. ~R~m~,ks by F. M. Fl~n before S6uthold Board of Toga7 True ~ ~. 'Re..Application by Southold Shores Boat Basin~ Inc. ~ /~/,~,~ /~/Z/l~ ~: I would like to address three major points in objecting to this applioation~ In addition, I would like to question the accuracy of some of the in~%i~h sub~[thed to the Board by the applicant, or its agent, as weiI aS itsPerttn~e and relevance to the matter at hand. ~ ~t ~bw ~istS it %~as erected ~n at le~t t~ s%~ ~i%h app~t proced~al ~re~l~ities and with no record of ~e rqmired ~' t~ ~r~n-.of the To~m's Enforcement Off~aer, should see ~ Sec. t00 - 13 of the ,2outhod Zoning Code Defines Marina/or Boat Basin as follows: ~.,AfiY. prem~ces. . one. (1) or.more p~ers,. ~harves, doc , ,bulkheads, bukldings, slzpS, bas,ns or land under water~ ~esxgned, used or zntended to be used for the dockzng or mooring of boats, ~for or without compensation." (emphasis supplied)) .- ~d~ ms ~ought by means of this application iS ~he expansion of ~allegal nonconforming use. Such use ~s not permmttem in an R 40 ~ur~tber, the Co~e does ~ot differenc~ate differeneiate'~b~t~e~fi l~ia! ~d non - co~rcial b~a~ina/Boat Bas,ns. ~The a~plieamt has no legal stan~g to support its appli~tion, addition, it o~]s no upland. A) I would t~ke to disabuse the ~sr ~ of ~y not~on ~t ~t ~ye ~a% there ms ~y ~egal connection between the appllc~t, Sou~hold at Basin Inc. and the Southold Shores ~soclatt~, The~ ~sC~tifiea~ of Ineor~tion With 'h~ ~$~:~:.c of ~.:ew York ~ 8~.~bh ~ptem~r 30, 1982 ( not in t9~{ ~s :~+.~t? ~ ~]~r]f T, ~ J~S ~ %o the ~ard. ) It is ~r~ps no~wort~y ~,na~, the ~%~d ~% the time of incorporation. Tt ~ note-:orty t~t"it ~s fo~d to provzde a oubllc~ non-prof!t .~on.,.'.nZ ,~.-'e. of Incorporation goes on to state that the ~rporation is to "not for the pecuniary profit or financial ~in of its members, or officers." The S~thold Shores B~t Basin was incorporated by three officers happened to live in Southold Shores. Based on subsequent apple that, ~rly oh~ thes~ officers realized that the bas~ they subsequently acquired could not ac~odate all residents ~f'~d Shores; Accordtngly,4they sought control for their Own purposes and to their advanta~ s.~ the expense of other members of the c0m~uni%y, Their activities ~ere not publicly announced to all members Of the S~hold Shores Association. Further, at least one duly elected director , of.Southoid Shore~ was not informed of the incoPp~oration of the ~B~.~at ~ ~ sin ~un§i! lon~ afterthe fact; actually on the ve~ry~ eve Of th~ ~oueement of th~ Bbat BDs~n~s exis%~ence to the mmbership of Soutb~td Shore~ ~tk~ ~ all aPPlications for membership were not consid~red~ ~ If further oroof is r~uired of ~the existence_ o~ two sepera~e corporate e~ttx~s~.~ ~ re~e ~Boa~d to Its f~les wher~n ~th~e ms a copy a Stmpula~mon before the ouDreme Court of the State of New York In~x~ ~o. ~7 ~ 14315, b~twee~ the ~outhold ~hores ~soe~tIon et al~ ~e ~thotd S~ores Doa~ Basin, ~nc~ ~t al. Here w%~ave d~s~i~ ~f one. sspera~ corpora~zon taking legs1 action ~~o~ mus~ a~t I t~ke some ~rson~ sat~sfac~zon ~. th~s spectacle ~ - inte~ine infi~ti~. A~%er the vi~ficati~ ~d epproDri~ we w~e subjected, it appe~s that some memb~ps o~ %he ~uBhOld Associati~ finaily awoke', howeer belted%y, 609ha5 ~S~ Re~%15 B) The ~at Bs~zn ~as ~ncorDorated as a not - for profit O~g~Bi~. We ~' ~ve ace~ula~ed sufficient~ evidence toeast s~rlous' douBt~" on contenti~. We shall sbmit our f~dings to the NeW ~Ork ~5~*~ ~t~o~y ~ ~erat and Department of State as well as to ~e I~ern~ ~i~ for their respective dete~nations. ~C)~/BhBI~ ~Z~or es Boat/Basin ~fYnd ~ the Zonin~ Code as ~Ymi~e~ '~ ~t~~ ~fin~' ,~ ~i ~,as See. 100 - ~ of the A~leultural Co~e~atzon_pz~zet%~ Section 100 - 31C (3) (a) clearly states: ~ - ~ ~T~re shall be docMzng ~ m~r~ faczlmt~eJ, ~,~fO~,~.' ~e ~h~ poats.o~her ,~an those those o~ed and of the p~mises for his personal use." {emphasis supplied) Special Exception uses !n an R 40 Dlstlct ~e defied ~~ Code ~der ~eet~_.]~9...r 30 A.2 B (1). as "~ ~..~cti~.10~'~'.6~_ ~.~ ~ he~.~zo~ .................. .,.,.,...~n .. ~.~,v._~t excepu ~ , e eh~, .reore-~lon ~n~er ~ctlon .......... , ........... , ........... ~ ..... ~pi~s, boat basins or yacht clu~.~ Further, were the ~ to invoke the "spirit" of the re~Iation, Section 31 -B {7) wo~d g~erh~ ~s secUfon~states: ~ "Beach clubs, tennis clubs, country clubs, golf clubs, public golf cources and annual membership clubs catering ex~!U~i~ety to members and the{r guests and aeeesscry playgrounds beaehes,~ swi~mming pools, tennis courts, recreational buildings and mainten~de buildings, subject to the following requirements: (a) No building thereof or any parking or loadir~ area s~mll be located within one undred [100) feet of any ~treet line or within fifty (50) feet of any lot tine, (c) Such use shall not be conduted for profit as a b~siness e~terprise. now (d) No such use shall occupy a lot with an area of less than three (3) acres." a that, eve~ more pointedly, involves tt~e ~Ste~s, ced~ ~ reerenee is made t~ Sag~ Cd(v~ that mt ms more p~operly design&t~R~ ~stuary estuary as: "Part of the sea ~% ebbs ~nd flows." precise and detailed definition, "Partially an open connection with the oe~, Where fresh wat~ with salt water from the sea." It is,-therfore, toes the Sage Estuary; with all the implieatiOn~ in t~mt designation. bjeDt Application is dated 10/2/89, over s~ve~bnths subsequent o the efective date,of Suffolk County's Doc~t ~Lag' No. 29. The law is enter%ed "Charter Law to Extend Description of Critical Envlror~mentat APea t6 Pe conic Bay." The Resolution Numbsr is 869 -88 ~nd theeffeetive date of the law is 2/21/89. The effects of the law, aong other~ , 'is t~ classify ail actions wmthln u00 feet of the Bay as Type 1 AS yo~kn?~, t~esubject property is located 4Offeet from the Ty~e 1 aetion~ require a Long Form Environmental Assessment day eo~nb period. The SEQ~A manual also states the likll~'.~O0~.~,~ E$~. ~~ the "hard look" ~e~Uired b~ ~Q~? I have Deen iaormed that since the DEC issued i~s Permit On the projeat shold have been classified Type 1, with all that entails. On 2/22£1990 the Trustees issued a Negative Declaration as Lead Action was classified as: "Unlisted." Among the reasons supporting their determ~natmon '..:;~.'. : ' ~n. env.tro:r?ent assessment t?!e .Tru~te~,:~, ].-: '-'; c.'.'.$nion, and ~;!'at cf others this dc~e' not' ~o~stltute ~1".'.-~. "t[~,..~d";.~x~,.<. '"~!,":.',',.-~ ~ by law. .' '' ' " Also d~d i~:' "a resoonoe ~rbm ., '., · ~ t:)~ ,,'.,,,' 'C .' s ~-';."..t on ,~dv~i~y 5une~ Tn~]leating that .thls pro3ect would not have a , ,slgnzfleant effect on the environment." finf : ." "; ..... :!~.""l::~ro';a~. of ~'~etla~d Certain aspects of the would still' bbtain. The recommendation states ~fi~ct~as submitted would: "increase the number and sm~%l, '~tera~ay which could cause environmental problems, (3) ~lmas~.~e%~kn~ ~ou¥ces of p~TD3bion~ ~i~neSs the of the ~ Es~ _or sellf~sh~ for the ~nt~ ~is pri~ ~eides ~th marina operation. In addition placed on off,itc "p~p - out" fac$1ities. By law, reli~ 6~ ~ p~ on~ tbs ~rt~ sc~s of t~d ~at is .proposed here can only add additional pollution tO a pri~ Shellfishtng ar~a. To return to the question of the legality of the existin dooks~an~'~ To of mY the first own useand ~ithout~ th~n. An the On 9/21/~ a DEC Permit was issued to Joseph A. Baum, Es~ a ~ou~ho!~Shores ~0 did not own the underwater land~ It is ~hat t~ existing dock had grown, from hothi~g in 1978 to 1982. Town records apparentlyonf~rm that no permits lso of zmpor2 ms the apparent involvement of the in this ar~a. A memors~dum to' Victor Lessrd Admin. Trustees~"dated 8/10/88, requests copi~ of Notice~ ~e Tr~t~es file, but the memorandum h0tes ghwBui~dlng Dgpartm~nt in this area. Also in th files is a copy of a letter from the Trustees to ~and signed by Frank J. Kujawski as Pres. Board Of Trust~es i~ part: "Therfore no approval has been issued for therfore we cannot proceed with pen~t pro~es~ It.goes on to state the need for a subdivision Prior ~Drovalsreeeived for existing struetues s~eh p~0~f Was ever forthcoming. In his l~tterof 1/10/89 to the DEC, attention Ms. Susan Acke~ J~st aek~owledges that he %-ms unabls to establish when eatwalk ~nd rs/tips were origin:~.]-; , .,,v.*.,..,,. .;~i% tt aP~e.~e~ta~n-thCy ~re cnnsr,.,.rue~(~ .aubsemae~L to: ~.ubsequ~t ~rd.:oqu~].!y cert~]~{~t no"~eear.'~ For th6~' eXi~% at i would' like now to turn my a' Form I waB able to find in ssessm~nt Form { For Unliste~ not use~bte under present law. SoUthold Shores Boat Basin, Southo!d Shores. ~,~ile t don' o~ers would not be provided © O Question 5~o. 7 prqvides a revealing answer. Amount of land affected initially and ultimately is answe as being 0 acres. Thais is an apparent co~_cesszon tnatno upland is involved. Question No. 12 p~ovides an answer %~ih is negative, but is open to question, e. WiS1 existing pe~nit/permit approval require modification? Required permits are apparently lacking ~ It should also be nqted that the required Coastal Assessment Form, on the copy I obtained fro6 the Trustee' files is blank, as is the Determination of ~gnlf~c~nce. I note that Charles W. Boy,an notarized this form. I would like toknow if ha is a member Or associate of ~. Just's f~rm. If SO~ he i ~p~n~ly the same ~ha~teu Bo~I~n who prepared' the Draft EnvironmentalImpaet Sta2sment for S~uthpo~t Deveiop~ent Corpo~ti°n ~ i~s a~r~i~e~ de~ with Yo~,s ~rin~'. As I~ recall he s~ed th~t ~day~s~I~ ~ the S~e Estuary ~ea produced three c~. I f~nd this, if corraeh to be more th~ p~ssm~ly strap~e smnce the Southo%d $~en s Assocmatmon ~nd other experts h~ve stat~ tha~ the Sage Estuary ~ aD e~r~melY productive shellf{shery. I Have frequenHly seen five 6r m?~ Profess~ ~rs working yhe ar~, one ~s recently as this morni~. I would now like to turn my attention to theapplieation submitted to the Trustees under d~te of 10/2/89. No Application Number appears on my copy. The applicant is the Southold Shors~ Boat Basin, Inc. With Glenn E. Just/J. M. O. Consuluzng ~s agent. Obviously the property is not located on Blue ~-~rlin Drive. It is underwater lar~atthe foot of Blue Marlin Drive. No Tax ~p Number is provided. I find this exceedingly strange for ' a professional organization. Could it be that it was not intended to delineate the true limits mud dimensions of the property? The width of the canal, creek or bay fronting the property'~ easterly line is~loser to ~00 feet than 600 feet. The distance to the nearest channel is closer to 50 feet than 100 feet. It is is ~ible that a profesional woul~state tht the zoning R 40 District, whatever., ~roblems ~%hat that ~ Iwou!dtike a mo~lt %o examine the mac for this project to see if it coincides with the one in my possession. I wonder if the Trustees have observed at least t~oserious faults with this map. One, at its northeasterly corner hnprove~ents are located within a feet of an abutting property line. Two the southerly end of the easterly property line terminates in .mid -air or ~mter as the ease may be. Is this an error, or is it a deliberate effort~to obsdure and confuse the actual extent of the applicants ownership. You will~l~o note (5) that there is no indiaation of a southerl, y p~o~erty line. No d~ma~8~i6 between the Subject property and Lot 52 in the o~nership of the So~thold Shores Association. As %o %he 4 feet of setback fro~the northerly property l~e~ %his is el at ~ds wit~ ~r, J~t's s~tem~nt ~ his letter ~ ~ i~nes otc ~ egnstruct docks, t f~nd zt scare ~nim~ is 4 feet. . ast history of this proDerty~ the restictions imposed ~ In vi~~ of ?e~ ~ _~ ~i~2 the data kvailable in the Tr~tee'~ on its ~e Dy the ~.onz~ bious non - relati~ship - r To~ records and the o ~ . , that the Trust the ~wo gis~ne~ c~oFatig~, I requ~ apptioati°n in ~ar7 fashion. .' · ~ ' of the ~viden~ wo~d be the equi~ To do oth ~,~se ~n the i~e ~ - . ~ ~ ~ .¢ · ~ '%' of ~ mn the ~uda of erea~lng a parcel wl~h ~1 the u%tl! ~ ~ ~con~ted to the land and subject to the sto~ ~ich will s~et~ follow. Speaking personally, if in the Face of' the ineontravertibte evld~e ~aist this application originating , not only from me, but from sources as welt~ the Trustees were to grant this appliation, I wo~d consider it ~ form of harassment. I ~4outd expect the Trustees %~ this matter entirely within the confines of the law, in accordance with their duties as elected officials with all pe~onal co, ideations aside. If, on the other h~d, we are forced to contest this ~tte~ le~lly, we shall exercise o~ constitutional right to conssul% oo~et ~d pu~u~what legal re~dies he sugges~ts. ' I trust this will not become necessary. (6) TRUSTEES John M. Bredemcyer, III. President Henry P. Smith, Vice President Albert J~ KrapskL $~; John L. Bednosld. Jr. John B. T~thilI Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD SCOT, L. HARRIS Supervisor Town HalL 53095,Main, Road P.O: Box 1 t79 Southotd, New York11971 Fax ,(5t6~t 765~ I823 Telephone, ($16) 765-1800 March 29, 1990 Glen Just J. M. O. Consulting P. O. Box 447 Quogue, NY 11959 RE: Southold Shores Boat Basin, Inc. Dear Mr. Just: The following action was taken by the Board of Trustees at its regular meeting held on March 22, 1990: A motion was made by John M. Bredemeyer to recess the hearing, seconded by Albert J. Krupski, all Trustees in agreement. A motion was made by John Bredemeyer to table the application until a full review (with minutes of hearing) by the Town Attorney is completed, seconded by Trustee Krupski. All Ayes. Another public hearing will be re-scheduled at a later date. truly yourS, . / J~B: jb cc: CAC Bldg Dept NYSDEC Planning Board COE Albacore Drive Southold, N.Y. Mar.23, 1990 Board of Trnstees Town of Southold To~nHall Southnld, N.Y. Gentlemen: Last evening I attended your board meeting at whlch there was a public hearing on several matters. I did this because I suspected there would be opposition to the application of the ~outh61d Shores Boat Basin for an e~tenslon to their floating dock and I was curious to hear what the opposition would say. i found it rather disgusting that one person could be allowed to ramble on for over half an hour, especially when much of what he read consisted of sections of ordinances and regulations that the board is familiar with. ~h_~g_doesn't the board place s time li_~it on the Iength of time a person may speak on the subject ? Other ~gehcies~ake a practice of doing this so why not the Board of Trustees ? If everyo~e spoke at such lengths these hearings would ~e up a~y hours. The Board as well as the interested parties in attendance' should not be subjected ~o this harassment. It ~as certainly not necessary to read a l~ngth~ doc~en~ ~hen the ~e~bers of the Board ~ould have a copy oi such ~ocument to study an~ay. A friend of ~ine ~ho had co~e into contact ~fth Fr~k Flynn before he moved to Son,hold stated that he was a nit picker. Boy, is that an understatement. ~ initial dislike of the man ~as prompted several years ago ~hen he appeared at o~ prop~ty o~ers meeting and anno~ced that he: owned hail the street bo~dering his property and ~ould not hesitat~ to arrest anyone ~ho ~alked on his half of the street. I chalien~d his re~ks ~ut soon realized it ~ls hopeless. I had been a licensed progessional~ eRgineer and la~d surveyor for man~ years but he pro~essed to be more kn~led~eable on the subject. ~ere were many parts of last evening's harangue that could be chaile~ed and I ~ould not attempt to do so. However a few things did ~tick i~ my ~ind~. I ~as one of the han~fu~ of homeowners that got together~ and f~rmed the Southold $horesissociation in 1976. ~y main objective ~a in obtaining titie and control of tots sho~m on the s~diris~on ~ as "park" and ~lso Lot 52 ~htch ~as reserved for use of the h~me~ers. l~r. Flynn stated that he purchased underwater land in front of hls home because the Association were considering placlng docks there. There was never any serious discusaion for such a plan. I believe he stated that the subject basin ~as by definition not a basin but instead an estuary. I don't know what klnd of dictionary he ~as using but ~ is l~or~ect. Re~erence ~ ~so =ade ~o ~e do~s as 'a ~ar~na. A ~ina ~ides dockage, snppli~s, and services.. ~t~ the~e ~ n~ ~pptles or se~vlce~ I tho~ I~ ~d FtYnn ~aY between fha baain a~ bay ~S ~ss ~an 4G fee~l the ordln~F ~ater t~ ~e ~stance th~ to I0~ ft.". The l~ne and ~e end Of ~h~ up the end~ of the canal iuvalid if there is any a word or the in trouble. mo~ning based on free to I am sure that your file ¢ aud contain a volume of so~e ae¢~on to limit the time consumed by r don'~ envy the job you have. I would rambling. Sincerely, Donald bi. B~y~s NOTICE OF HEARINGS ON WETLAND APPLICATIONS NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE $OUTHOLD TOWN HALL, MAIN ROAD, SO~THOLD, NEW ¥ORK ONTHURSDAY, March 22, 1990, ON THE FOLLOWING APPLICATIONS. FOR PERMITS UNDER THE P~OVISIONS OF THE WETLAND oRDiNANCE OF THE TOWN. 7:15 P.M. In the matter of the application of John H. Geideman in behalf of Leander Glover to construct a 25' x 4' dock, a 3' x 10' ramp, and'(2) 6'x20' floats on Bay Avenue s/o Sterling Road on Mudd Creek, Cutchogue, NY. 7:t6 P.M. In the matter of the application of J. M. O. Consulting in beha~If of Thomas E. Coffin to install a 4' x'40' floating dock alsng ~n existing, timber bulkhead, and to maintenance dredge a i0' x 60~ azea of a dredged canal to 4' at MLW. Approximately 90 c.¥. of spoil to be trucked to an upland disposal site. Project is located at 3~$ Gull Pond Lane, Greenport, NY and fronting Fordham Canal. 7:17 P.M. In the matter of the application of Proper-T Services in behalf of Constantinos Markotsis to replace 90 1.f. of bulkhead with new bulkhead 18" to seaward of old bulkhead; extend bulkhead 20'+; relocate walkway, ramp, and floating dock at new bulkhead.; and dredge area around floating dock to approximately 3' at low water. Loc~tion of property is Williamsburg Rd (Private) off Main Bayview, Southold, NY, fronting Canal off Corey Creek. 7:18 P.M. I~. th~.ma~er of ~e application of J. M. O. Consulting in behalf of South61d~S~at Basin%to enlarge an existing docking facility by the installation of (2) 5' x 20' floats and (5) 3' x 18' floats;' based on amended map dated November 7, 1988. Project location is in Sage Cove on Blue Marlin Drive, Southold, NY. 7:19 P.M. Land Use Company in behalf of Frank Vermaelen, Jr. to construct a single family dwelling and sanitary system on a ~0,~0 s.f. lot. Dwelling to be located 125' landward of tidal wetland, sanitary system to be set back 212' from said line. Approximately -200 c.y. of fill to be placed within building area and'stabilized with vegetation cover. Approximately 100 yards of fill necessary to construct pervious driveway. An 8" culvert pipe will be placed beneath driveway to ensure continued functioning of adjacent wetland area. Additionally, a 50' undisturbed vegetative buffer will be maintained along the entire wetland edge. Property located w/s ~f Bay Avenue, Mattituck, NY ALL PERSONS INTERESTED IN SAID MATTERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD. COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE HEARING. Dated: March 6, 1990 John M. Bredemeyer, III, President Board of Town Trustees By: Jane Blados, Clerk PLEASE PUBLISH ONCE, THURSDAY, March 8, 1990 ~ND FORWARD~ ONE AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III, PRESIDENT, BOARD OF TRUSTEES, Town Hall, Main Road, SouthoLd¥ 11971. Copies to: L.I. Traveler-Watchman, Suffolk Times, Town Clerk's Bulletin Board. TRUSTEES John M. Bredemeyer, m. President Henry P, Smith, Vice President Albert J. ~ pski, ,Ir. John L. :BednoskL Jr. John B~ Tuthill Telephone (516) 765-I892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOIT L.. HARRIS Supervisor Town Ilalt 5,3095 Main Road, P.O. ~ox 1179 Southold, New York 1197t~ Fax O16)~ 765-t.823! Tetepho~ (51~), 765qg00 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF-NO' SIGNIFICANT EFFECT ON THE ENVIRONMENT~ APPLICATION NO.. 57-1-38~3 NAME: Southold Shores Boat Basin DATE: February 22, 1990 RESOLVED %hat pursuant to Article 8 of the Envirornnental Conservation Law~ State'Environmental Quality Review and 6NYCRR Part 617, Section 617..1-0 '~Dd Chapter 44 o~ the Codeof the Town of Southold, notice is. hereby~glven that the Southold Town Trustees, as Lead Agency for the aCtion'described~ below, has determined that the project will not have a significant effect on the environment. Please takefurthe~ notice that this declaration should not be considered a determination made for any other~ department or agency which may also have an application pending for the same or similaI project. TYPE OF ACTION: Unlisted DESCRIPTtONOF ACTION: Enlarge sn existing docking facility bythe installation of 20' floats and (51) 3~x 18'._f~oats; based o ~ ~ n am ......map dated Nove er *, LOCATION: Blue Marlin Drive, Southold, NY. Tax map No. 1000-57-1-~3 _ 472 REASONS SUPPORTING T~IS DETERMINATION: [2) 5'x 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment arelikely.to occur should the project be implemented as planned. 3. Because there has been a response'~r_om the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. CC: Planning Depot. Building Dept. Zoning Dept. C.A.C N.Y.~S.D.E~ C. Army Corps o~f Engineers j.m.o, consulting p.o. box 447 quogue, n.y. 11959 (516) 653,0607 ]"o~,~P. of Soc~thoi~ Tmwp. He) l, 53095 ~4ain Road x' ~' 728 Attn: Mr~ Oohn A. Bredem~e'er !Ii Dear Mr. Bredemeyer: rsceive~ in today's mail from Mr. Earl T~ Miies~ who is the attorney 9or the Southo!d Shores Boat Besin~ Hop~fuil¥ it may give the Board o'~ Trustees more insight to thi~ matter'~ GEJ:ar EARL T. ~'IILES 59 NORTH FERRY ROAD J.M.O. Consulting Fax: 929 5309 Jan 31, 1989 Mailed 2/2/90 upon advise FAX INOP AtLn Glenn E. Just: re: DOCK PERMITS FOR SOUTHOLD SHORES BOAT BASIN, INC. How do you progress with the above. I am informed by Clifford Benefield, one of the residents, that he understood the existing docks for which there is allegedly no Town permits, replaced PREEXISTING DOCKS (or a dock) and that therefore no permit was required for the existing dock. (my recollection is the Town trustees inventoried all the preexisting docks, piles e~c some years ago, and the sub]ec~ dock should have been legalized a~ that time, re: JAMES THEINERT & JOSEPH F. SKOVIRA, 2 lot minor subdivision a% Shelter Island. The surveyor Van Tuyl advised you were furnished with MYLAR surveys for filing in the Suffolk county Clerks office {as ms now required for MINOR subdivisions in Shelter Island. Please advise date of filing. My office filed the covenant and restriction required by the Board of Health Knd Declaration irrevocably offerring a 50' sq parcel for dedication, reserving 15 easements for ingress & egress and furnished certified copies Lo the $oard of Health. J ETM Mailed: JMO CONSULTING No Country Rd. Box 361 Wading River NY 11792 j.m.o, consulting p.o. box 447 quogue, n.y. 11959 (516) 653.0607 £%oard of 'Toi~ Trustees Town o'? Smuthold Town Ha~)_~ 5;~095 Main Read P.G~ Bo:< ~28 . =o,., k4reoeme'.'er. Z:£ Z President Application fer Southold Shores Boat Basin~ '~ lowing :l.One copy of the '-' " :~=¥.o ......... Tidal Wetlands N~ . ..... 8 ~, whici~ was ±ssue~ on March 3.~ ].989. 2,.One copy of a letter from ~he Ne~ York State Department- of State Coastal Management Program, dated August I, !989 ~hich this agency s~a~es that they have completed it's reviee~ of the project as proDo~ed and that they have ~eterminmd that the 0roposal act. ivity complies with that agency's stan~ar~s~ ~t ~h~ul~ be no{ed that the pia~s 9or this prc~jecz ~hich ~er'e revim~ed and approved ~re dated F'~bruary ~ i989 ~n~hich were the same ms thc-se approved b]~, the N~Y~S.D.E.O. This ~as noted on the N~Y~S.D.E~O~ Permit eagm 2 of ~ under General Condition No. 19, Since the N.Y~S~D~O.S~ has iesue~ the aforementioned appr.'~¥al and the N~¥.S~D~E.C~ has issued the needed Tidal ~etlands Permit ~ith "Wate~, Quality Oerti'fication~ (p~.~e 'L o9 ~ and ti]at we have nou,:- replied ~-o all questione that the had posed~ the U.S~D~G.A~ can now issue their permit,, As al~-~ays, should you or any other member of the Board of Trustees have nay ?urther corn, merits or quest'ions ~ith regard~ to this matter,~ please do not hesitate in contacting this office,, STATE Of NEW YORk DEPARTMENT OF STATE ALBANY N.Y. 12231-0001 Augusb 1, 1989 Mr. Glenn Just J.M.O. Consulting P.O. Box 361 North Country Road Wading River, NY 11792 F-89-363 U.S. Army Corps of Engineers/New York District - Permit Application #88-1421-L2 (Southold shores Boat Basin, Inc.) Dear Mr. Just: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence is based on revised plans dated 2/13/89 rather than on drawings included in the U.S. Army Corps of Engineers Public Notice dated 9/27/88. This concurrence £s without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. GRS:ak Sincerely, George R. Stafford Director Division of Coastal Resources & Waterfront Revitalization COE/NY District - Mike Infurna NYS DEC R~gion I - Christine Costopoulos - (10-88-1266) O O New York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY, Rm. 219 Stony Brook, NY 11794 (516) 751-7900 ~omas C Jorling Comm~ner Southold Shores Boat Basin Inc. P.O. Box 538 SouthOld, NY 1]97! March 3, 1989 FEB , Re: 10-88~1266 Dear Sir: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR~ Part 62]) we are enclosing your permit. Please read all conditzons carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the proflect site and protected from the weather. Very truly yours, .............. 136750 New York 5rate Department of Environmental Conservation RECEIPT ~alyst ;.ASH E :H ECT~; I~/NUMBER 40~,IEY ORDER [] DEPARTMENT REPRESENTATIVE . TITLE 10-88-t266 Under the Environn [--~ Article 15, Title 3 6NYCRR 327. I 328. 329: A~uatic Pest rides F~rot~ction of Water t/ Water Supply I~]~LSc~i~ ~'.d Recreational r-~ 6NYCRR 608: Water Quality ~---] Article 17. Titles 7. 8: SPDES ~---] ArtiClo 19: Air Pollution Control* ['---~ Article 23, Title 27: Minel~ Land Reclamation ~"--] Article 24: Freshwater Wetlands N--New, R~=Renewal M--Modification, C--Construgf~ (*only), O--Operate (*on y) Wetlands ---'-'] Adicie 27, Title 7; 6NYCRR 3§0: Solid Waste Management* -- A~ticle 27~ 'flUe 9; 6NYCRR 373: __ Hazardous Wastk Management '--7-] Art cie 34: C0astol E~osiort Management Fl~odpla~r[ Management [-------[ A~c~=s 1.3, 17, 19, 27, 37; J J 6]~¥C1~R 3~80: Radiation Control _ Southold Shores Boat Basin Inc. ~:oe~Es~ o~ e~,~rT~ P.O. 'Box 538. Southold, NY 11971 __ 3MO Cgnsulting, P.O. Box 361, North County Rd., Wading River, NY 11192 Blue Earli~ Dr. tOC.~T~ON O~ COUNTY ~ TOWNICITY/VILLACE J UTM COORDINATES Sage C:ove Suffolk outhold O~SCRJPT]ON OF ^U1HORIZ~D ACHVtTY Expansion of existing dock to allow for 22 boat slips as per NYSDEC approved site plan (attached). GENERAL CONDITIONS By acceptance of this permit, the permJttee a[rees that the permit is contingent upon strict compli- ance with the ECL. all applicable regulations and the conditions specified herein or attached hereto. P£RMIT ISSUANCE DATE PE~J~'~Mri~i~T,~,~f(~ J ADDRESS l 3/3/89 Christi~e J. Costopoulos Bldg. 40 SU~ ~. 219 Stony Brook, NY 1179. ~'~ ~~ ~, ~)r~ J Page q of 3 cc: B~ ( - © 95-20~'1q/gb) T?c . RDDJTIONAL GENERAL CONDITIONS FOR ARTICLES 15 ~Title S), 24, 25. 34. '[0 That if future onerations b~ tne State of Ne~ York require an al- tara'rich in the position of the structure or work herein authorized, or if. in the opinion of the Demartment of Environmental Conservation 14 it that] cause unreasonable obstruction to th6 free navigation of said waters or flood flows or endanger ti~e health, safety or welfare ot the people of the State. or cause loss or destruction o' the natural resources of the Sta~e. the owner may be ordered by the Department to remove or alter the structural work obstructions or'hazards caused 15 re~ocation of this ~er}nit, the structure. ~ilL excavation, or other 16. modification of the watercourse hereby authorized shall not be com- pleted, the owners, Sh~l], without expense to th~ 9tare, and to such extent and in such fi~e and manner as the Department of Environmental Conservation may requir~ remove alt or any portio~ of the uncompleted structure or fill and restore to i'ts flprmer conaition the navigable and floodcapacity of th~ ~vaterco~rse, No craim ~all be made against the State of New York on account of any such removal or alteration 17. 11 That the State of N~w York shaU ~n no case. be liable for any damage or injuty to the ~tru~ture or work herein authotfzed whJch may be caused 18. b~ or result from future operations undertaken~by the State for the conservation, or improvement bf nav,gation, or fohother purposes, and no claim or d~ht to compensation shall accy~.e fro~ any ~uch d~ma~e. bi]ity of obtaining any,other permission, qonse0~ qr approval frorr 19 Office of General Services or local government which rriav be reouired 13 All necessar~ precautions shall be taken to ~recJude contamination of am wetland or waterway hv suspended so)~s, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any 36 and 6 NYCRR Part 608 [ ) other enwronmentallv deleterious ~aatema[s associated with th~ Any material dredged in the prosecution of the work herein oermitted shall be removed even[y, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep ho[es that max have a tendency to cause damage to nawgable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereb,) authorized bas not been comoleted, the applicant sha]k without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may reou~re, remove all o, any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made agf~ln~t the State of New York on account of any suc~ removal or alteration. If ~ranted under Article 36. tthJs permit d6es not s~gnffy Jn any wav that the project will be'free from flooding. If gr~nted under. 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby, certifies that the subject project veil l not Sections 301. 302, 303, 306 and 307 of the Glean Water Act of 1977 (PL 95-217} orovided that all of the conditions listed herein are meL All actbzities authorized bv this permit mast be in strict conformance with the approved plans subm~ted by the applicant or his agent as part of the permit appJicatio~ Such approved p~ans were prepared bY Gary Gent£1e revised on 2/]3/89 . SPECIAL CONDITIONS Ail vessels to be docked at this facility shall not carry or have installed porta-p0ttis and/or marine sanitation devices (MDS's) until a ~etter from Youngs Marina has been submitted to DEC stating that their pumpout facility is available (and operational) for vessels which are to be docked at the permitted facility. Sample Language (see attached) shall be posted at the permitted facility on minimum 3'x2' signs. No permanent structures may be built on dock without first obtaiing Department approval. Docks may not (a) extend laterally beyond property lined (b) be placed so that docked boats extend over adjacent property line (c) interfere with navigation (d) interfere with other landowners riparian rights. Supp!amet~tary' Special Conditions (A) thru (J) attached· Page 2 of 3 "/ 0 0 SAMPLE LANGUAGE FOR PUMPOUT SIGNAGE IN MARINAS The discharge of untreated vessel sewage into.the. waters of the United Staues and New York State is prohibited by Law (33 USC 1322 and NYS Navigation Law 33-C, 46-2). Boat sewage from holding tanks shall be pumped at onshore facilities. Facilities are located au Boats equipped wlth a Coast Guard approued marine sanitation device are urged to dispose of wastes in open waters a~]d not in enclosed bays, canals, creeks, lagoons and streams. Q~'~sh~re res~roo]s a.~:,e l~catedAln this facil!tv ~d~ar~ rec~omme~de&.'fp_r/u~_e/~e~ore b~.ard~n~_. Let's keep our water clean. CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, ~ureau of Marine Habitat Protection Bldg. 40, SUNY, Room 225 Stony Brook, N. Y. 11794 Peinnit No. Issued To: Contractor's Name Contractor's Address Contractor's Phone No. Dear Sir: Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencemen~ of the project. The permit sign will be ~osted at the site and copy of permit will be available at site for inspection. Submitted by Failure to notify or post sign will leave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, Bateau of Marine Nabitat Protection Bldg. 40, SUNY, Room 225 Stony Brook, N. Y. 11794 RE: Permit No. Issued to Contractor's Name Contractor's Address Contractor's Phone No. Dear Sir: Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity was completed on Submitted by This notice, with photos of completed work and or completed survey, is to be sent to above address promptly upon completion of project. Failure to notify will lears owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. © consuL, hq ~i box 361 · north country Road wading River, n.y. 11792 (516) 929-5775 telefax (516) 929,5309 To~n o~ Southold TOwn Hall~ 55095 ~ai~ Road 'To whom it m~¥ conoer'n: Am ~he request of the ~' ..... ~ ' 'i-,- ~m'~ and .... i. A new appt~_catlon for~ ~hich I have prepared 'for the aOeYe noted appl±cmt±on wh~.ch is s~±il pending before your Board~ K~_ndly ~o~e that a~ reques~md, t have re~orded the '~Permit Rm~uested To" section of sa~d application form~ have also - ~' =' ' the revised -~ite plan depicted ~' ' ..... ' ' ,.: e exzsming doc~.lng structur'ee and the any commen~s or c~uestions pertai, n±~g to ~' ~= do net hes£tate in contacting th±s off±cs~ SE-J:ar TELEPHONE (516] 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TOT HE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S NAME: MAILING ADDRESS: AGENT: AGENT ADDRESS: PERMIT REQUESTED TO: DATE October 2~ 1989 Southold Shores Boat Basin~ Inc. TEL. NO. 516-765-2334 P,0. Box 538. Southold~ N.Y. 11971 Glenn E. Just/ J.M.0. Consulting TEL NO. 929-5775 p.0. Box 361. Wadin~ River, N.Y. 11792 "Applicant proposes to enlarge an existin~ docking facility ~y-"~he insta.tlatt0n~iof (2) 5'x 20' floats and (5) 3'x 18' floats. LOCATION OF PROPERTY FOR REQUESTED PERMIT: Blue Marlin Drive HAMLET: - Southold TAX MAP NO: 1000- CREEK, BAY OR HARBOR SIZE OF PROPOSED WORK: LENGTH: WIDTH: FRONTING PROPERTY: SaRe Cove (2) 5'x 20' floats and (5) 3~x 18' floats (2) 5'x 20' floats and (5) 3'x 18' floats. YDS. TO BE EXCAVATE~: 0 YDS. TO BE FILLED: ~ MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: N/A WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: DEPTH AT LOW TIDE: 2' AVER. RISE IN TIDE: DISTANCE TO NEAREST CHANNEL: 100' DISTANCE PROJECT EXTENDS BEYOND StMILD~ PROJECTS IN AREA: AREA ZONING: T~k~n~.~ IS PROJECT FOR PRIVATE OR BUS. INTENDED USE OF PROPERTY: Private reor~tinn~] dnok~ DESCRIBE KNOWN 600 ' 2' USE: Private PRIOR OPERATIONS CONDUCTED ON PREMISES: Ewi~t~ng dnn~n5 f~]~ty HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE,. OR DEPOSIT FILL ON SAID PREMISES: Yes~ N.¥.~.D_~_C_ P~rmlt ~n~ 1~-gg-~266 ~n~ 10-82-0673 HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: Not to my know]eg~ DESCRIBE FULLY THE REH~iBILITATION OF PROPERTY: No rehabilitation shall be necessary. DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: Site plans enclosed ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: No WRITTE/q CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: Enclosed Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1935 TO: FROM P~E: DATE PLANNING BOARD OFFICE TOWN OF SOUTHOLD Board o_e Trustees Planning Board Southold Shores Boat Basin July 21, 1989 The Planning Board would tike to thank the Trustees for bringing the matter of Southold Shores Boat Basin to their ~ttenkion. If the Boat Basin~ inc. turns out to be operating a boat docking business, the applicant should be directed to apply to the Pman.~lng Board for site plan approval. cc: BUl!Qm.~g Department Board o~ Appeals ~K/jt VALERIE SCOPAZ TOWN PLANNER MEMORANDUM Town Hall, 53095 Main Road P.O. Box 11~9 Southold, New Yo~k i 1971 TELEPHONE (516) 765-1938 TO: James A. Schondebare, Town Attorney FROM: Valerie Scopaz, Town Planner DATE: October 5, i989 RE: Southotd Shores Subdivision SCTM % 1000-057-1-(1-35) (42-45) -056-7-(1-14) (19-21) As per your request of October 2, 1989, I researched the Planning Board files for more information on the above-referenced subdivision. I cannot find a file on-this subdivision which was approved in 1963. However, there is a record of the approval process in the Planning Board minutes for 1963. It is possible that there is a file in the basement, but I do not have time to qo through all the dead files to find it. Hopefully, the enclosed copy of the minutes will be of sufficient assistance to you. CC: Bennett Orlowski, Jr., Chairman Jean Cochran, Councilman Frank A. Kujawski, Jr.~ President, Trustees Town planning ~ Boar~ ~3- March 19, 1963 ,-....T~,~. ~-~Jh/l~M?,.~ Do you have SUperintendent ? -.... · ..-. 2, 1963, ~c ~te of ~e next:P!a~g. Boa~' meet~g~ ~uh ~me y~. ~y supply ~e h~ghwaF, su~r~n~en~ent~s re~rt ~ew map w~ health de~ar~ent~'a~rovaL ~ .: ....~,...... On. motion of,,~:&~.'~oisa~ ~ec~e~ by. ~, ~,Y0ung .it ~was..~r~,~.~ .'~ ~ %.;.~:'.~%' ~SOL~D ~at~.~e hearing 'u~n ~e'~estion ':..'~laK ~nt~tle~ Paradise Point, at ~a~i~ ~.~.a~.ourned:to-g~30 P~M~' of the Boards~:~?Ayes~--,,?.~,i~.Wl~h~,.~'~ Hoisa~ ~. Gr~be~ ~eIba~. ~' r~presentative Reese ap~are~ before ~e Board for an ~nfor~ discuss$~ relative to Sou~old Shores at ~y1 .pr~sentea a_.,revise~ _layout ~a~age.~eas~ents are~provide~ :~ ~!S~d-~at:.:~ex would,:requ~e a 100 at a~sed ~at,~s tu~around pro~rty rese~e~ for ~e be dedication to ~e T~n ..fo= highway. ,SO~. advised tha9 .the. road and by the Highway Superintendent before a final map 'is ~- ...should be:ma~e and approva? fr0m..th~, Health..' .~ ~:.~ .:.Map by Otto Wo Va~ TuyI. &Son ~ated March 2] D~cember~ 6, 1962 and February,8,. 1963. -: ~ the Board to make applicatior. S~bd~v~sion to be known 'as Of' th~m -.. L R~SOLIr~D that Harold Reese be. granted tentati~e"a~Vil'~'t?hi~ further RE that a letter be. forwarded to Mr. Reese ~hat he may now ins truct his engineer or surveyor to pl-oceed ~. computing the map, proceed, with ~e finished` p~int, submit cloth to the Health Department for approval, and proceed .wit.~ Other necessary prior to ,submitting them to the Planning Board for consideration. These prints must be 'submitted at least 15 days a,.regular meeting o,f'the Planning B0ard~:..' ..~-~ .~ :Vote of the . Wickh ~am, ~ r* Grebe, ~r; Mr.,. Unkelbach.~ :' . .... ::, '-~ . :~,'" ~- ' The Board received from the Town Board the original petition and Margaret J..Gada, his wife, for an application for a of .zonal from "A" .Residential and Agricultural Distric["~ District on certain property described as follows:. Ail lots~, pieces or parcels of land, situate,~ lying and being on Island, .Town Of Southol~, County of Suffolk,. and' 'State of New known and designated as Lots "C"# "D",' "E", "F", "G", "H" '"I" ld."K i on a. certatn map entitled ."Plan of ProPerty. onion-Fishers , New'York~ formerly owned by Mrs. Martha .F. Hoffort, now to $outhold Savings Bank, July , 1914" and filed /n 'the offi~ of..;. county Clerk of the County of Suffolk on' jaa%uary 2; '~i9~5 as map t eth r the d= -ve ay and ,delineated On'said ~-the same being boUnded on the south by the Said lots C, D, E ~d on the northby the said i~ lots Go H0 I~ J and · On the tax map this property is bounded as follows: North by Harbor, East by M. Murphy,'W, Torrance, S. Doyen, Jr. and L. !~elton, South by Montauk Avenue and West by Dawson.- " seconded by Mr. young, it was~ Grebe, ¢8ou~o1~ ':fie~ed on ~e ~p and 'has ' c~d~'~e -.roa~ ......... ~ motion of ~. Motsa,' seconde~ by ~. Grebe, it was '.SOL~D ~at ~- Plann~g Boar~ Se~ 7:30 P.M. '~ ~e~es~y~ · 14~ 1963:, T~n Office, ~ain'~oa~','-South01d~ ~ 'York as~-.-: and-place for he~g ...... .,; ...... ~ :~,.~.,,. ~ ,~ ,:,~,~ 4..::~.~?t::~a~:~:~,. . plat= - L. .. 'Pla~' of property ~ned .. ~' entttle~ Shores.. at ~sh~que~-, g of a"pa~cel- o~ lan~ acres., 'sttuate~ at Greenport~ T~ of Southold, su~fo~ N~ York,.. ~d bounde~ an~ descrtbe~ as foll~s= feet to land of Fred Young; thence along said land of Fred * 'Q:: . ':ih;; ' S. 20° 08~ 40" E. 40 feet to the ordinarY high Water mark ':?; , Peconic Bay! thence in a general southwesterly direction along. {:'-~ >: ordinary high water mark of Peconic Bay about 1,750 feet to !' 250 feet easterly from the westerly line~, o£ land.Of Harold ,. - .... ...... ~,~?." .', ,:: , .< .; i%~ Southold Town planning Board -3- July 16, 1963 measured~ at right angles thereto; thence on line parallel to and 250. ~eet easterly ~rom said westerly line ~rold ~ Fr~derl~ Reese~ 00" le~s~ thence N,' 76~ 45~ ~0" E, 40,0 ~eet~ 55, ~1 fe~ ~ ~e point o~ b~nn~ng, ~0 Itates,. i~irs, 'FecJt=ig: she asked ior~ ~ &-: , Mr, Grebe~ planning ~ to be known as ,Rollingwood .cation with the necessary fee 1961~ but has don~:nothing £urther, At .%a~' h~r 'understan~3u~ that'she did not after she on lots ma~,'..-The- Board agrS~d with this. MrS,~ extens'i6~ ~f ~er application and the York ~tate..Water Res°urcea~B°ara r~lative to a ~u~y in this. - - resources ~ !~ .trey for, the ~: of the County Planning Board advise~d .that So~hO!d TOwn Be.~the..~l=s~ to.be s~died. Malcolm--Pirenie ~. ~ngineers~ who. ..... ~nd'~a and they will"give an'? Respectfuily'submi~hed~ ':? '~"i';~:~' ; hehad receive~ a letter from ,College'of Agriculture, Cornell University, :- of~ Rur&l Sociology,cwh° state~ tha~ they wo~d like to southold Town relative to making s study of" the not do this before the early part of October, I a.;brief ~Ltscussion rehtiVe to'the' propo: : and ,the Board decided to discuss this joint.meeting~wh~ch is to follow this meeting' at: ,._Meeting'~ adjourned at" 8, 25 PoF~ ~':_ Judith T, Boken, Secretary John wickham, chairman m~ting 'of the S0~thold' Town Planning Board was 7~30 P.M., Wednesday~ August 14a 1963 at the Town Off~Lcea. Hain Road, York. There..were present: John Wickhama Cha~Tman, Henry' .~ Alfred" Grebe;?A~el4ibald Young, and William 1~kelhach. Van Tuyl appearing for otto Wo Van Tuyl~ Consultant~ 0~' ~:h, question' ~lat.~ .~oro!oe.rty.owned by.Harol~ an~ Frefler&~ Reese, ~ :_:. .SOu~ol~ Shores at ~sh~o~que~" =onslst~g o:~ a ~arce! 1~ of 34 acres~ s~tuate~ at Green~rt, T~ of Sou~ol~, :20" E, 154.01 feet along said l~ne from the northwesterly corner of land of Harolcl & Frecler~ck Reese~ running thence along the ~ 40. ~ feet N. hearing. l~. me offic/al newspape~: present who wishes to speak ~ o~t~. ~ ~a~ ~p and ,foun~l~ ~o ~ ~= ..... . . ~ J fur~er ~o c~e. :. ~'~ "~e_-' ' . . _ . · , act ~e. a~plic~t hast met a11.,e .:- ~,:.~ r~qul=e~n=s. ,~,.w~ll..~clare ~ear~g closed.' ~- ... ~: ,--~. ~: 2:: ':..~'.~'...-~:.:,~-~ :.~- -' O ow~ Planning Board -- seconded, by Hr; · Moisa, %'~t' was .of ~Mr. ' ~Tnkelb~h, '''~ ' ''~ ..... ~;::~;~.,.] Pla~n/ng Board' for ,~ final approvalS'of ~their :plat -..,,..~.... u~table~ for;reasonable ~pur~uant to ~,due matte~ of approv, at of . _ Southold~ Town Plann~,,g Board wal, ves t~ 'provisions .... ~'~%he~rules"7~nd regulati°ns~f°r'the~ubd~v£sion of land. requiring park' and playground or cash~ equivalen~;" and ........... "~: WHEREAs~?~'.~t/~e highways in this sut~d~v~s~on wll~ not be ded4cated TOwn '~,sSuthold .at-th~s~tlme~ 'th&!:h~ghwaYs 'must meet the' of the t~lghway super/ntendent~ when ' ~hey are' offered :ded~cation!~~: 'and the requirement~ 'fO= aii~erformance bond is waived; ~': New YO~k, consisting acres and Harold and Fre~e=ick, Re~ be "approved. -"~ on the southeasterly-l~ne of~Mal~- (~ate~ l~oad 'N~ . ~,. ~. .. .~ ,, . ~ ~ . 69? Ztn~ from 'the ~northwesterZy corner Of* l~nd~ 'of Harold& ~Frederlck Reese~' runnlng thence al~g the southeaeterly ltn~ 0f,~he Main ~-!i~, ~state) Road three'courses as follows:=.~, ~t'. ~,~.o, ..~,,~. - :.~t~':- ~% ' ~ . ~- °' ,- ,~-~'- ~'. ' "'"' "7'~ '~ ~L' ~" · t! 41~.45 feet~ thence (2) ~. ~8 04 $0 ~. ~3 :~ ~, .. O0 E. 2~0.00 feet ~ lan~ of Sage~ ~e alon~. r<[, ~nu of Sage~ S;- 63' 52~. .30- E~ 927.70'feet' to the or~tnar~ high ~ Water "~rk of' ~ ~oat* ~astny~ ~encd'-l~ ':a, general seu~ea~ erly';t~s~': ''." ~h ~rectl~ and ~en' In a general'nor~ea=terly ~trectton.along sal~ ~.: or~tna~'hlgh water ~k about 1000 fee~ ~o lan~ of Fre~ ~ence along sat~ land*of .Fre~ YO~g, S.: 20~ 08~ 4O"'E~ 40 feet EARL T. MILES September 27, 1989 Frank A. Kujawski, Jr. President Board of Town Trustees Town~Hall 5309~ M~£~ Road, Box 728 Southold, New York 11971 Re: Southold Shores Boat Basin Dear Mr. Kujawski: Supplementing my letter of September 14, 1989, number 6, RESPONSE:, enclosed find c~py of; 1. N.Y.S.D.E.C. Tidal Wetlands Permit No. 10-88-1266, issued March 3, 1989 2. N.Y.S.D.E.C. Tidal Wetlands Permit No. 10-82-0673. 3. Corps of Engineers Public Notice No. 13434-88-1421-L2. 4. State of New York Department of State "Letter of Consistency' issued Augusn 1, 1989. Thanking you for your consideration. ETM:kec Encls. CC: James A. Schondebare, Esq. Yours very truly, ~ Miles Environmentai. Conservation '" ~ .Thomas C Jor;~ng Cornr!r.'~/o,nor :.'j :. .' .......'". ..In don~ormance"with :1~i%]''t.qt..'',' ':',c. ,.e.,,.s* of the StaLe Uuiform P~:rocedures ..... . A~t..'(A~ti~'.e 70, ..ECL) ~n(l ?:s lmp]e-.ient~ng regu!arioas (6~YCRR,, Ph~t 621) ..~ '.' ":.' · W6 .are'.'~nc .osing.'your permit . P~r~am, rvad aiL co'~dit~ous caref~llJy.,, If ".'... you.a~e., . .u?"-b!e to comply. '" m,v. ' . . . v . above ad'd:~ .:,s. Also e'closed.is a pe~t' s~g:t w,,'~i~ is to be cons~)icuou~!y'pos~ed a~..fhe pr< ec't site and vroLected from zhc. we0. Lher. Very tru].~ yours, 136750 ~ RECEI T PERMIT the Environmental Conse:valion Law ·" ,,',~=,c?~ 23, T,L'~ 27: .... Mined Lan('] ~gcla."natlon ,',r~l,,';~ 24' ... '-" ;",9~',;r ~; '""' f~--R~nena:. M--ModificaJion. ~ ..... ['o', vi. O- Cperate ("only) 'l 3/3/89 ' F ~PI, IJAT tON :'3Y 3 I,~92 ..... Artii:le.:2S: .... Tidal '#ellands I Atlii:ls, PT?Title ?; §NYCRR 360: ] Solid Waste'Management' ; J Article ~'7, title g: 6NYCRR 373: ' .,, i ': . Hazardous Waste Management " i--' "~" Article 34: .~ .. C;east;.I Erosion Management ~--'~ A~icle' 36;,,' · ~ ....~ Floodplain ~Man~gement j ]'"A~cles,-1.;~. ~7 16. 27 37. ~. -J 6NYg~R '38b:"Ra'diation ~'n{~J ~ ' , . ":;; C'ot,'Hv Roi,, wml~:l): Ri. vet, N~ J1792 ' [ ~(')LiLhold .' J J IONS . ',. ~llenl upon strict :ompli. 1,'1 ec!ude ~Oi~t~a~i~at~ 6n ":c.,oc') ::i)aL1 I)~., pusted at tize perrnJ, tt'edi'fac.~.l:'ty o:z '":!~' !~(: bU'-It' OTI dock w.il~hott{. I'{r~;t ~btaJ.~ng I)c~part'ment thru (j) nttaclled. The fo] lowing A. If cry of :~oted be]~ ~ :' :;'ho. appr, '/a 1. .qpi c...ous PPI,I:':'~"N"'ARY SP[;CfAI, CONDITIONS a,r.','''.'.-' ['.c al'l permits: ,...,.,. '.:.,' , c,~ ..:''..~oT:s are unclear,the perniJtte~ :shall cor~- · . · ,~ ri Af£ai;s at the -~ddress'and';telephone ~ ', .... h supplementary co[~dltions and appfo ed .~:. the project s'[te whenever, authorized ,~ '.:... Lhe po. trait or a copy ,of. let,~er . · o'.. ~"..' ['rom the weaLher and pcsted.~i'.h~.'a, co~- ' ,. ~'ork site until compl, et~o~ of au'~rized work~ ,-' · ; ::':,, ,.op port. ion of [fie enclosed ~eceipt form ~; :V aw~.~r;3 0{' and understands all provisions and )~.':' '" :~ ]n ~)ne week of com~[etio(~ of the ;.' "~ %'~': '.'on ,'~f that form shall also be :-,~,,st. an~ i ~1 ,ucdi.£ica: ion for per,nit. , :~ trea[:ed ..,..*- :~ Law. ' r.ni~'s or approva.[s Lhat ,~.,:~, ' ' Army Corps of I.:ngineers,,,'."r. 30278, (At. tenLJon: Regh_~ ...... y ... of work authorized here~,, , ~ nis't~at~i... ~al COnse. rva .C;A:'iP LE LANGUAGE i: U ~.; ;.'O [,'T sr GNAGE /.N. MARINAS 'Tue dJ. sch.ar,',,,~ ,'--'- .i-l~ ,'r ' '; ' · ' .. , ......... ~,.e:, vessel sewage'.~:%to ..... ~., ....... ,, u;t,,,~ .'.;Lat:es and New York S'ia "~ ."o i ,'it,ed ':.,. L,.,,w (33 r,~..,., . ,,..~,. ].322 and NY$ Nav.[g.&~tion .:w 33-C ,1.:.-2) ' ' .. · ~ar s_ c~,~. '~::,.:n ilol¢]i.::g , .... shall be ".~.~hore ~.:ac ~ :.~ !':les..' .;:'aci!i.t ies' are tocatb, d at-' ¢..c.u..,~'., .... ,.:,,~.~d approved. ~.,, ..... '..~itat.i,';n ,'.,,..,j,.:~., "' ' ' .... "~ .,a..~ ,.,.( .....7 .... to dispose of',' ~''.~s · open " ,. · · . .,o.. .:.n cnclo:~od bays, cana2:~, .""eeks, 1..~:. ,.,., aad"r~-~'reams. cn.-,shore rc':..-:,:','oo:r..s ar.e l~cat~d':'in th'l'~ · fac~.~ . ,. ,.. ' ....... ] ........ :.:).~ u~.e "~'e~o_re b~'ardin~ CH~RLES T. · ¥!'LTO~' , '' " Chie~.. :qari' '".,,~.~ula Lorv. ,.~.~.o. ~o,, . EYSDEC, m~- . ',.' Mar/ne H~: ..,'"'. Procect~ou : ~Xldg. .'I0, t qm'" 223 Seony :;too". , Y. I!79,, ' '.' ' ',, "' '' "'":: '.":'" RE:. 'Permit.No..'. ',..".: . ? .'. .' {. 'Issued .To: "~ "" . . Con~racEor's ~ame Contractor's Add~s's Dear girl ', · "' ".~2 '" : ; . .'~ . .. . .' : ~ ~ , . . . ,. .. r~! (,or, dzt ..... smoot, l of, [he. auove reCe.renced ,pc.trait ~ygu are her~b.' :16t:?' c that khe a,.. c"~zed' ac. Livery sba,l]. 'co~mence.;6n '. . ' . The pormi~ ~ ' wil3 be pos' ,' tt the si~e and coi:y of permi't will be av~..g~-: ~ ' mt ~J.'., for ..... Submit t. ed by ~a~lurn ~o r L:-y or post~,~'."'.~ *rS!~ Je~Ve own~ and/or contr,aetOr subject' t'.o ~';TSDI,7'~. Ettr, Mpr:f.n~ T~: . '.,":. Prot~ct].on .. .~ , : .' i .. r,.,.,.t No. . Con trac ~or 'i Contractor's }'hose No. 'nc"~.l]. CondJ. t~';" Nu,'fl)er [ of Lhe above reFeretlced, pe~'mig you :'. 'ha~ ~.=%o ,'u~: :,,.~.zeO. activil, y was compleged on This hr'rice, ' '1''1 pho~o~ of :'.",nl~.leted work and or completod st.rve~ .Ls to i~e to abc.a edt .':.' promp,...y 'm · ,:enplet~ou of project. Fallur~ to votary ,ai~i o~r . ',~/o' .' :'rn~o~ gu': · :: to npp'l [cable penalties rot nct%-go~lEltance wi.ti: Dear SLr: ;':o. reb?' C: :' ?!. ,~ _o c ,.-- m .. .' o' .!:._.:.--, [' '... = . !';' ' ' ::3' .' '..-~.' : ..· ¢: .~' .... '"~ ..... : -:'~ ~ -- E · . '- ~ ~" '1:: ':':.' ~ '.. <',, ~, '.,,. 0 ' .~ :..-.'.,. · ": :,_ ..~ ..... ..... · ,,,, .;.,-, · '; :.~ 0 .' f:: . ,.. ~.~ ~.. (,D~'3' ' ~ . · -,..', ~ :-:-~" '"' · ,, ~- . .... · C' '" ...... · . ·,.'.. · ,: ~.i.~ .-~ "' "' '4 ,.!.~. ~"0 0 · . ' .... ' '~' L'."' C? ':"'" .... ' ':' ~ <.: ~ n- 4- ...... ~'"'~. · .... ', -' "" ;D ~ (/ ............ .... ,,__ ,? . ." ~" '"~' ' "" 59 0 f~ ' ' .... "" " r.o .,,.~, ~ "- ' ':-' .... ' .... . ,"LU '~ - · ~'.,,.." ; . ,,'! r' . E~,'-~,.~;;, ~.~,,'. · ..]' '.i: .... "'"' '~ ~,~ *'~'¥' .i :'.: ~.} . , ...... :,..m o '-'~ ~ .... ""~ :'=" · ~: '"'" , ..... L~J {'--: '=~.~3 ~., · '"' o ~;'' .',. ' t.'.., .~..,, ,. ~ ~.'" ! . ~ d .:']... ..... .c'. E ~ ,.,, ~.~ ..~ ._ ,t' ':.. ~... ;:: ],.'..,-: t.~j-: ~ ,_. f; ,.., d CL C 0 E. .... ~'UC3< m z r'" ,:~.~._ ;~ . ._. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKL JR, ttENRY P. SMITH 'BOARD OF TOWi~ TRUSTEES TOI.~ OF$OUTHOLD Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Sept. 21, 1989 FELEPHONE (5161 765-1892 J.M%O. Consulting PO Box 261 Wading River, N.Y. 11792 Re: Southold Shores Boat Basin Dear Glen: We have received a response from Earl Miles, Esq., concerning the Southold Shores Property Owners Association and above mentioned application. We have been advised by the Town Attorney that there Ks no original subdivision map on file and therefore no approval has been issued for existing dooks, therefore, we cannot proceed with permit process for extension to same. We need an approved subdivision map, (which should be on file zn the County Clerk's office), and proof of any prior approvals received for existing structures. Please contact this office if you have any further questions. FAK: jas Very truly yours, Frank A. Kujawski, Jr. Pres. Board of Trustees CC: Town Attorney SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JOHN HASSELL, SUSAN ~ASSELL, STEPHEN M. BERGER, DARINKO MEVICA and SOUTHOLD SHORES ASSOCIATIOI~, INC., Plaintiffs -against- Index NO. 87-14315 STIPULATION GRACE LUI~DB~RG,'HOWARD MALONE, SR., CLIFFORD BE~FIELD~ MURi%Y WEITMAN, WARI%EN MA~HESEN~ ROBERT CHI~TO~ and sou o BOAT. S N, NC., Defendants 1. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorney of record for the plaintiffs, JOHN HASSELL, SUSAN HASSELL, STEPHEN M. BERGER and DARINKO MRVICA, and the attorney of record for the defendants, GRACE LUNDBERGjHOWARD MALONE, SRo, CLIFFORD BENFIELD, WARREN MATNESEN and SOUTHOLDSHORE BOAT BASIN, INC., that no party hereto is an infant or incompetent person or whom acommittee has been appointed and no person not a party has an interest in the subject matter of this action; that the above-entitled 'action be and the same hereby is settled as and between the plaintiffs and the defendants. This action J with prejudice, as to the individual named defendants~and settled without prejudice as to SOUTHOLD SHORE BOAT BASIN, INC., without coststo either party as against the other; and it is further, 2. STIPULATED AND AGREED, that the defendants, GRACE LUNDBERG, HOWARD MALONE, SR., CLIFFORD BENFIELD and WARREN MATHESEN are individuals, and reside in Suffolk County. 3. That defendant, SOUTHOLD SHORES BOAT BASIN, INC., is a Type "A" Not-For- Profit corporation duly organized to do business in the State of New York, and this Stipulation shall be subject to such proceedings as may be required to approve indemnification of its officers or directors pursuant to NFP Corp. Law Sections 72OA et. seq., without further notice to plaintiffs; and, it is further, 4. STIPULATED AND AGREED that the defendant, SOUTHOLD SHORES BOAT BASIN, INC., shall pursue diligently the expansion of docks at property known as the "Boat Basin" pursuant to the June 1, 1987 plan submitted by Land Use Company. The cost of same to be borne by the eligible plaintiffs and new dock members; and it is further, 5 (a). STIPULATED AND AGREED that the eligible plaintiffs, JOHN HASSELL and DARINKO MRVICA, and eligible new dock members, shall be entitled no attend and participate in all meeti/%gs pertaining to the planning and construction of the dock expansion; and 5~b). JOHN HASSELL, DARINKO MRVICA and each of the eligible new dock members, shall become voting shareholder/members of SOUTHOLD SHORE BOAT BASIN, INC., upon execution of subscription agreements providing for the payment of their proportionate share of the entire estimated expenses of the dock expansion, including expenditures to date, and payment of a reasonable deposit thereon. None of such expenses shall be allocated to the existing 13 shareholder/members; and it is further 6. STIPULATED AND AGREED, that plaintiffs, JOHN HASSELL and DARINKO MRVICA are on the list to obtain docks in the expansion of the "Boat Basin" and that JOHN HASSELL will be entitled to a dock and DARINKO MRVICA wilI be entitled to a dock when the expansion takes place. Furthermore, the plaintiffs will enjoy the same rights as all new shareholder/members an the expansion program; and it is further, 7. STIPULATED AND AGREED~ that SOUTHOLD SHORES BOAT BASIN, INC. will continue the priority procedure for all homeowners of Southold Shores Association, Inc. to have the opportunity to apply for docks in the "boat basin" as they become available; and it is further 8. STIPULATED AND AGREED that plaintiff, STEPHEN M. BERGER, will be eligible to be placed on the dock waiting list when he builds a house and obtains a Certificate of Occupancy therefore; and it is further 9. STIPULATED AND AGREED, that the plaintiffs' attorney shall executed and deliver simultaneously herewith a Stipulation cancelling of record any Lis Pendens filed in connection herewith. In the event the -2- Complaint has not been filed, the attorneys for the respective parties agree to hold the pleadings confidential. Dated: ~' J/ , 1988 B~ ~ EADBRESTO, P.C. Attorneys for Plaint~ffs, John Hassell, Susan ~assell, Stephen M. Berger an~ Darinko Mrvica 18 Railroad Ave. , Box 1186 Center Moriches, NY 11934 (516) 878-2282 Grace Attorney for Defendants, Lundberg, Howard Malone, Sr. , Clifford Benefield, Warren Mathe~sen and Southold Shore Boat Basin, Inc. 120 Court St., Box 961 Riverhea~d, N.Y. 11901 (516) 727-8010 -3- jQ.,DEPARTMENT OF TIlE ARMY NEW YORK DIOTRICT. CORPS OF ENGINEER8 JACOB K. dAVITS FEDERAL BUILDING HEW YORK, N~.Y. 10278-0090 Operat~i~on~ ~ivisi on l~egu~atory Br~nch SUBJECT: Comments Received in Response to Public Notic~ No. 1422--L2 by Southold Shores Boat Basin, Inc. Mr.' Glenn E. Just ,T.M.O. Consulting F.O. Box 361-N. Country Road Wacli~g River, New York 11792 Dear Mr. Just: CorrespondeRce expressing concern regarding the Publ ic ['k~' ice issued for your proposal has been received by this office. Copi(:.s o£ these letters are enclosed. / ./ These letters contain specific questions and/or recommendations; please supply this office with a response within next 10 days. the /XXX/ These letters contain objections or specific recommendations from other government agencies, or other substantive adverse comments, wh~cil may result in denial of the permi.~.~ Your response to th.is correspondence Js required. If y~)u wish to respond, please supply this office with a resolut~or~ or rebuttal to ti]e~e objeckioms within ~0 days. Tllis ~.il ennoble us to include your response in our final permit decisio~. Please contact tile undersigned at (212) 264-3912 if you have a.~V questions with regard to this correspondence. Sincerely, Michael Infurna Area Manager Eastern Permits Section Enc1. Chilton ltr. dtd 10/22/88 Beachwood Bane Southold, New York 11971 October 22, 1988 US Army Corps of Engineers ATTN: Michael Infurna, Regulatory Branch 26 Federal Plaza New York, New York 10278 In regard to your public notice number 13434-88-1421-B2, dated the 27 of September, 1988, a number of concerns have been brought up. I would like a clarification of "non-commercial "marina. The existing site plan shows moating potential for twenty-one boats. Are there any guarantees that this proposal wit1 not exceed that number, because the possibility exists to greatly increase this amount. Substantial development in this area would necessitate proper parking facilities. Where would these cars be parked? It's seems to me that this situation itself would definitely have a negative impact on the value of my property. In a small harbor with limited access already, wouldn't a dangerous precedent be set for additional future development? Before any more development or plans are established, I feel that a public hearing on this matter should be planned. Robert M. Chilton © 0 28, 2988 ~ ~at applica~ion. In fa~, ~s~, ~m ard Fl~ ~ ~i~ ~e a~li~tion ~o ~ ~e d~go, ~ ~int~ ~t Xt il inpoFt~n~ to note ~h&~ Sou~ho~d Shores, X~. iA ~ name The ~pl~Ilcant is & seFa~te oox~oration, $o~thold ~hom Bou~ hain,. Zn~:--, uhioh ~ssFu. #tisnann and Flynn 8~e not n~bers not ~ldex~ in, and have no ~ala~lonship vl~h I~Old a pu~lc nearinq. #e ~tt~dt, on that hearin~ be held. ~nthony ~. ~hill, r~q, j.m.o, consulting box 361 * north country road wading river, n.y. 11792 929. 7 tElefax (516) 929-5621 November 1, 1988 Department of the Army New York District, Corps of Engineers Regulatory Branch 26 Federal Plaza NeW York, N.Y. L0278-0090 Mr. Michael Infurna Re: Comments Received in Response to Public Notice No. 13434-88-1422-L2 Southold Shores Boat Basin Dear Mr. Imfurna: In response to your letter of October 27, 1988 (copy enclosed), the following is my response to Mr. Chilton's letter of October 22, 1988 (copy enclosed): t.) By a "non-commercial" marina, it is meant that the docking shall be limited to the Southold Shores Boat Basin, Inc. 2.) As you can see from the site plan submitted with the application, we are restricted bo tke amount of docks constructed by the area we have to work with and this will leave us with no area for future expansion. 3.) There are no plans by th~applicant's for further development of the site. With this, there ia no need for, nor will there be future need for parking facilities. As Mr. Chilton knows, being a homeowner in the area, the roads in the neighborhood are private, are posted as private amd no parking is allowed on them. Each one of the houses in the neighborhood is in wulking distance to th~ docks. In closing, I would like to state again that there are no plans for further development, mo shall there be a meed-for a future parking area. As always, should you or any member of your staff have further questions or comments with regards to this proposed project, kindly contact me at your earliest convenience. Very trnly yours, Glenn E. Just GEJ/te Eric. cc: ~r. Howard Malone 40--SUNY, S{ony Brook, New York 11794 Conservation (516) 751-7900 Thomas C. Jorling Commissioner December 15, 1988 Glenn E. Just O, Box 361, N. Country Rd. ~adin~Rive~, N~f 11792 Re: Tidal Wetlands t0-88-1266 Southold Shores Boat Basin Dear Mr. Just: The Department of Environmental Conservation has reviewed the application referenced above. Before a final decision can be made, additional information is required. Please submit proof of the date of construction of the existing mooring facility, and/or the DEC permit number for this project. A portable pumpout facility must be provided for the proposed boat basin. The applicant must provide information including type, capacity and location of pnmpout facility, and disposal of effluent. The project as proposed will require significant amounts of dredging in the future. The applicant should consider redesigning the mooring facility so that less dredging will be required, perhaps extending the existing docks (see attached). 284. If you have any questions, please contact me at (516) 751-7900 extension SincereAy, Susan Ackerman Senior Environmental Analyst ~A:rw cc: file EARL T. MI LE 5 ATTI~NEY AT LAW B:29:Bbatbsn Frank A. Kujawski, Jr. President Board of Town Trustees Town Hall ~3095 M~mn Rd. Box 728 SOUTHOLD, N~ 11971 Sep. 14, 1989 re: SOUTHOLD SHOR~S BOAT BASIN Dear Mr. Kujawski: I represent Southold shores Boa5 Basmn, and am requested by its president, Harold Malone, to respond to the Town Attorneys comments in cor~lection with mrs applicationfor installation of 385' of 4' wmdth floating docks. Addressing the mnquiries of Mr. Schondebare: 1. Who or what is Southold Shores Boat Basin, Inc.? RESPONSE: Southold Shores soar Basin, Inc. is a Type "A" Not for Profit Corporation formed mn 1983 by a group of 13 property owners who were also members of the Southold Shores Property Owners Association (also a Not for Profit Corporation, formed prior to 1976 ) to take title from the developer (P~EESE) to Lot 52 for purposes of bathing beach activity and boat basin, (Lmbez 8139 p 276) by a later deed ~n 1980 mu took title ~o from the developer (REESB) ~o the roads and title, if any, to underwater lands in the Boat Basin" Liber 8857 p 244) 2. Does Southold Shores have a homeowners association corporation and if so what ms the relationship, if any, between the two corporations.? RESPONSE: Southold Shores Property Owners Association, Inc. was formed prmor to 1976 as aforementioned. In 1983 it was faced with a claim to the underwater lands comprismng the boat basin abutting lot 52 which the developer had conveyed ~o the Property owners association by deed L8139 p 276 in L976 for use in common for the owners in ~he developmenE The heirs of the Sage Brickyard, adjoining owners who claimed title to all the underwater lands abutting the Southold Shares filed map, demanded for payment foz %he undezwater lands. Attempmlng to thwart the claim the Property owners AssocJation obtained a further deed from the de~elopez Liber 8857 p 244 recorded July 23 1980 which purporte~ to convey The roads on the Map, and all right title and lnteresE of the parties of the first ~art, IF ANY to the warsrs and lands under the wa~ers of that portion designated on the aforesaid map as "Boat Basin... In 1983 it became apparant that only the boatowners, among the association membership, were interested in resisting or meeting the Sage clai~ to secure titl~ 5o the underwaterlands so that they might ma£n%ain the floating docks which they i~dividually had placed in the ar~a of the Boat Basin abutting the Association owned lot 52 ~en 15 became clear that the Properny Owner's association membership was non going no resist nor meet the claim to the underwater land of the heirs of Sage, realizing that their right to maintain their flogulng docks could be in ]eapordy, this group of 13 property owners formed Southold Shores Boat Basin inc. and purchased from thc'heirs of Sage, a deed for the u~derwaterlands immediately abutting lot 52, with'title insured by~Tico~ Title Insurance Company and have Sinoe furnished hhe investment capital to construct the existing floating docks. Ultimately in 1987 Association members, not stockholders in the Boat Basin Corporation commenced a legal actlon, settled by s~pulatiQn {copy annexed) which established a waiting list among the Association members who no~ only were lot owners but have complete~ houses in the development, for subscription to share ownership predicated upon payment of the proportionate cost of the expansion of the existing docks so as no create ~dditional docks. 3. How does the corporation claim title Do the upland area? RESPONSE: Southold Shores Property owners Association, Inc holds title to Lot 52, for use all lot owners in common, which include the Individual shareholders of Southold Shores Baot Basin, Inc. Its consent or poinder in the application may be readily obtained. 4. Does Southold Shores have a homeowners assocation corporation, and if so what is the relationship~ if any between the nwo corporations. RESPONSE: Southold Shores Proper~y Owners Association, is the Homeowners association. The relationshi~ between the two groups · s spelled our in a stipulation of settlement executed in connection with settlement o£ an ac~on in the Supreme Court Suffolk County, index ~87 14315 copy annexed which effectively provides a waiting lis~~ of A~sociation members' (who own dwellings) and provides for capit~l conuributions by new members equal to the cos5 of construction of additional docks for their use. 5. How does the corporatio~ cla~m title to the upland area? RESPONSE: The upland area, lot 52 is deeded to SOUTHOLD 'SHOF~E$ PROPERTY OWNERS ASSOCIATION, INC. whose consent or joinder may be readily, mo cure any technical defect which may pertain~ since the underwater lands are held by SOUTHOLD SiqORES BOAT BASIN, INC ~by deed dated August 16 1983, such title being insured by TICOR TITLE~ GUARANTEE CO its titla ~T1283 2780 6. Since this application ms for an addition to existln9 docks, what do your files show on approvals for presen~ facilities: RESPONSE: NYS Dept of Environmental Conservation, perml~ ~10-88-1266 annexed 'DEC) ~S Dept of State, Coastal Management Program Application pending US Dept of Army,Corps of Engineers, application pending, f~le ~13434-88-1422-t2 copy annexed 7. Is this a not-for profit corporation or are they operating a business mn the zonmng district by constructing and selling boat slips.? RESPONSE: This ~s a not for profit corporate joint venture on behalf of and limited mo the prmvase owners who own houses in the subdivision to construct and maintain ~ocking facilities for their own private use, within the scope of|Section 100-3113). The docks are noL "sold", instead shareholders are assessed a prorata portion of the cost to construct In Summary, and opposite the implied view of the Town Attorney~ it is submitted that the subject permit may be ~ssued w~hin the purview of Section 100-3113) of the Southold Zoning ordinance withou~ the requmremen~ of any proceedings before the ZBA, upon the consent or joinder of the upland owner SOUTHOLD SHORES PROPERTY OWNERS ASSOCIATION, INC. which will be forthcoming.. If you require anything further in this matLer please feel free call my office. Yours ver~_~uly James A. Schondebare, Esq. Town Attorney Town Hall Box 1179 Southo!d~ NY 11971 cc: Planning Board Town hall Southold, NY 11971 cc: Building Dept Town Hall Southold~'NY 11971 Howard Malone President SOUTHOLD SHORES BOAT BASIN, INC 250 Blue Marlin Dr. Southold NY 11971 CC: J.M.O CONSULTING North Country Rd. Box 361 Wading R/vet NY 11792 cc: Glen Just lAMES A. SCHONDEBARE TOWN ATTORIq]Ey ROBERT H. BEP, NTSSON ASSISTANTTOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOU'FHOLD I NTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFF CE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York t 1971 TELEPHONE (5t6) 765-1939 TO: FROM: DATE: RE: Town Trustees James A. Schondebare. Town Attorney July 10. 1989 Application of Southold Shores Boat Basin. Inc. installation of 385' of 4' width float docks. Before any conclusion can be made on this application please determine the following: 1. Who or what is Southold Shores Boat Basin. Inc.? ,~-~- 2. Does Southold Shores have a homeowners association corporation, and if so what is the relationship, if any. between the Lwo corporations? 3. How does the corporation claim title [o the upland area? 4. Since this application is for an addition to existing docks what do your files show on aplSrovals for present facilities? 5. Is this a not-for-profit corporation or are they operating a business in the zoning district by 'constructing and selling boat slips? 6. Under the new zoning code the premises are in an R-40 district. Accessory uses and accessory buildings are referred in the R-40 to those requirements stated in the A-C district at I00-31C and 100-33. Based on the information contained in the file I fail to see how their application can be granted without first obtaining ZBA approval. Section 100-31(3) "Boat Docking facilities..." is referring to a private landowner building a docking facility for his own use. The present application does not fall within this section, July 10. 1989 Southold Shores Boat Basin Page 2 7. Also if this corporation is some sort of a membership club then upland parking facilities are required which will need ZBA and Plsnning B~ard approval. Frankly speaking, there are to many questions, and without a cleae- history ~nd understanding of ~'who and what" this is all al~out no clear answer can be given to your question. cc: Building Department