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Home My WebLink AboutMarlene Lane Civic AssocAlbert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18Q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF sOUTHOLD February 25, 2000 Mr. Thomas saladino, President Marlene Lane civic Association 1450 Marlene Lane Mattituck, NY 11952 Re: SCTM~126-6-10 Marlene Lane Civic AssOC. Dear Mr. saladino: The following action was taken at the Southold Town Board of Trustees Meeting held on Thursday, February 24, 2000. RESOLVED, that the Southold Town Board of Trustees grant the request for a Waiver to place a portable sunfish boat rack on the northside of the concrete bulkhead. The boat rack will be seasonal from May 31 - October 31. This is not an approval from any other agency. If you have any questions, please call our office at 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms t/ Albert J. Krupsld, President James King, Vice-President Henry Smith Attic Foster Ken Poliwoda Town HalI 53095Main Road P.O. Box 1179 Southold. New York 11971 Te!ephone (516) 765-18~ Fax (516) 765-1823 BOARD OF TOWN't'~USTEES /O~qOF~:OUTHOLD BOAPD OF TRUSTEES: TOWN OF SOUTHCLD ~n [he Matter of the Application of ~J. FOLK, STATE OF NEW YORK) AFFIDAVIT OF POSTING 1,~,~3 ~> ~ , residin~ at /~ /~/~,,~ being duly sworn, depose and say: That on the 5 day of/~ , 199 , I personally posted the p._m~perty known as by placing the Board ~f Trustees efficia~ pc~-a-'.~r '-.h~:3e i~ car., casii.? ~e seen, and r}%at I have ckecke.~ to~,=~, ~urc-' ~-~ h3=- rema~ined ~n place for seven days ~rl.or to the d.~.~e ..ubs_. ~. hearing (date of hearing ?,ctad ~bereon ~o on or abo.,.+ 9:00 Notep/Pubti=, State of New York ~mission ~ires ~ ( signature ) Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~]2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF pOSTING I, ~/C/~Y~D ~/~ residing at -~J ~a~D ~ u being duly sworn, depose and say: That on the day of //~ ~"~ I personally posted the property known as ~~' ~ ~/~ ~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the ' hearing. (date of hearing noted thereon to be held ~. 7.'oo Dated: signature Sworn to before me this ~-~.__ day Ne. 4914179 Notary Public . , / m ,- Albert J. Krupski, President James King, Vice-President HenD, Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOV~NOFSOUTHOLD BOARD OF TRUSTEES; TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING · residing at being duly sworn, depose and say: That on the day of , 199 , I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen· and that I have checked to be sure the poster has remained in place for seven days prior to the date of the~ public hearing. (.date of hearing noted thereon to be held ~/~/.~ 7. oF. Dated: (signature) Sworn to before me this / / day of~T~,~um-,~¥ 1'8~ N~t~ Public ELJZABEI~ A ~I'ATH~ NOTARY PUBLJ¢, ~a~ (ff New Yod~ No. 01 $T600817'~, SuffQ~c C~Y# MARRIAGE OFFICER EEOOEDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P.o. Southold, New York 119'~ Fax (516) 76&-18~8 Telephone (516) OFFICE OF THE TOWN Cr.i~.llK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerkts, Office (agency Freedom of Information Officer). One copy will be returned td you in response to your request, or as an interim r~sponse. :!.. SECTION I. (Department' or Officer, If known', that has the Information you are requesting.). - '~'" RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply ',' date, t'tle title, ta)~ map number, and any other pertinent information.) Signature of Applicant: Printed Name: Address: Mailing Address (if different from above): // /~~ Telephone Number: o~c~d~-~'-'~ ~/' Date: . [ ] APPROVED [ I APPROVED WITH DELAY* [ ] Elizabeth A. Neville Freedom of Information Officer DEN I ED* IOW[I LiI~fK bUU/fJOI(] * If delayed or denied see reverse side for explanation. Er.~.43~ETH A. NEVIrlJ.~. WOIVN CLERK RE/3I~RAR OF VITAL MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CI.I~.P,K TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) .INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk,s Office (agency Freedom of Information Officer)., One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO:~2~~~ ' (Department or . RECORD YOU WISH TO INSPECT: (Describe the record sought. If possibi~, supply date, file title, tax map n,u~ber, and any ,other, pertinent Infomation.] " Signature of Applicant: ' =~. ~ 'Lk._.~_ ~i11~ Telepho~ Nu.~r: ,~l~- .~- ~ ~ I~ Date: ~ _ ~ ~ [ ] APPROVED [ ] APPROVED ~IT.H DE~y~ Elizabeth A. Neville Freedom of Information Officer [ ] DENIED* Date * If delayed or denied see reverse side for explanation. ~ ,a~'~ of TIU~I ~e$ Appli('~ation O01 Cnunty of Suffolk State of .New York I, Richard Zahra, appointed and acting president of the l%oat Rack comlnJtt~o on behalf of the Marlene Lane Civdc Association RE: Boat Rack Waiver BEING DULY SWOR]9 DEPOSES AND AFFIPJ~i '.PI{AT HE/$~E IS TH~ APPLICANT FOR THE ~C)VE DESCRIBED P~IT(S' A~ ~T ALL ETA'I'~TS CONTAINED HER]~IN 5'RUE TO 'i~{E BEST o] HIS/EF~ KNOW.GE ~ BELI~. ~ wORK WILL BE DONE ? ~q THE ~ SET FOR~ I~ TEiS A~PLICATION ~ AS ~Y BE A~I~R( ;LD BY T~ SO.HOLD TOWN BOAI~ OF ~USTEES, THE APPLIC~ AG~]~S TO HOLD ~ TO~ OF SOUTHOLD AND '~'~ TOWN T~USTEES ~ILESS ..~ F~E FROM ~ ?~ ~L D~GES ~D C~IMS ~(I53'NG ~ER OR B' VIREE OF SAID PE~iT(S). IF G~NTED. IN COMPLETING ~IS AP, L~CATION, I HEREBY A~ORIZE T~E TRUSTESS, TEEIR A~T(S) OR [~ .EI~ESI~TATIVES(S), TO F~'~ ONTO ~ PROPEE'i'Y TO INSPECT THE PR~ !SES IN CO]{,'~NCTION W~ REVIEW OF APPLICATION, .................. DEC - 5 Telephone (516) 765-18q~, Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Thursday, August 12, 1999, the following recommendation was made: MARLENE LANE CIVIC ASSOC. 126-6-10 to place a portable sunfish boat rack on their privately owned beach. The racks will be removed at the end of each sailing season. I 1-12 Peconic Bay Blvd., Ma,ttituck The CAC did not make an inspection, therefore no recommendation was made. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN T~USTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOR A WAIVER ADDRESS AGENT ~D~SS P~OPE~TY LOCATION TAXMAPNO. ~E<TIoI~ I.~¢ a~zoc/< 60 / oT'lO //01.2, I/We ~Z-~NF- clv/¢ A. fS~, request a Waiver to /~Z,~Z~ ~ A T T//E A~vwE c/u/C A C. fac.. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~ Fax (516) 765-1823 BOARD OF TOWN TOW OF SOVTHOLD COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I!A°/C/-/~'~D ~/~H~ , residing at being duly sworn, depose and say: That on the day of ~/J , 199 , I personally posted the property known as ~z~ A~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of public he~ring. (date_of hearing noted thereon to be held, Dated: Sworn to before me this ( signature US Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail OF MKILING OF NOTICE CERTIFIED MAIL RECEIPTS Address: j¢.o. D'oX 7 STATE OF NEW YORK COUNTY OF SUFFOLK ~0/~-~ -~.~//¢Z~ , residing at_~7 ~D ~ U ~Tf~ I1~o ~~ . bein~ duly sworn, deposes and says th on the ~ day of ~ ,19~, deponent mailed a true copy of the Notice set forth in the B6ard of Trustees Application, directed to each of the ~ove n~ed persons at the addresses set opposite there respective nmes; that the addresses set opposite the nmes of said persons are the address of said persons as shown on the current assessment roll of the Town of Southo!d; that said Notices were mailed at the United States Post Office at ~0 ~/~ ~ ~[~at said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to. fore me this day~ _~19 q ~ ~ /~ot~ UPublic MARK P. GAYNOR 1905 MARLENE LANE MATrITUCK, N. Y. 11952 February 22 2000 Mr. Albert J.Krupski.Jr. President-Southold Tov~n Trustees POB I 179 Southold, NY 11971 Dear IVlr. Krupski: I note the Marlene Lane Boat Rack item is again on your February 24 2000 agenda. Lauren tells me that the Town Attorney has advised you to act on the Letter of Request for Waiver, presumably the environmental aspect,and to worry about the ownership aspects,as they ma), come up, ater. [ am sure you have no interest or intention of having a long,drawn-out discussion such as what occurred on January 26 2000. May 1 suggest the fo[lowing: I.Assuming you find no environmental problem on the location proposed by Mr. Zahra, approve the placement of the boat racks on the sand)' portion of the beach,specie,lng perhaps that the)' be no closer than a certain number of feet to the grassy sections (of which there are several sections). 2.Advise Mr. Zahra that,since there is obviously an unresolved question of ownership, he may proceed only if he has the concurrence of ail deeded owners of the beach property (in accordance with your own Authorization rules). 3.Advise Mr. Zahra that an)' sailboats stored on the racks ma)' not be launched or landed under sail within 100 feet of any designated swimming area, in order to comply with Southold Tou, n Code Section 32-34. May [ further suggest that you give Mr. Zahra your decision in writing,with a copy to the Co-Presidents of the Marlene Lane Civic Association Lynn Lennon-Gould and Thomas Saladino, POB 1082,Mattituck, NY 11952.1 ~ould also appreciate a cop),. Thank you and your fellow Trustees. Sincerely. Mark P.Oaynor 1905 Marlene Lane Mattituck,NY 11952 298-9531 Cc:Deputy Supervisor Murphy;Town Attorney Yakaboski Richard Zebra 23 Wood Avenue Albert'son, NY 11507' (516) 741-4511 Phone (516) 621 ~0225 Fax Fax Transmittal 1o: Laurie From: Richard Zahra Fax ~I: 765-1366 ft of Pages: 10 Phone #: Date: 1/27/00 Comments: Dear Laurie I cm'l serlding you a copy of the original Certificate of Incorporation. Many et the articles apply to our issue at hand, but article I and 13 are very clear as to the power of the Civic Association to make these types et decisions. I am also sending you a copy of our curreni by-laws, with altenllon to article 8 section 5, which concurs with lhe issue, Thank you for you cJssislance in this matter. Yours very truly, Richr~r~i'Zahra STATE OlV 'NEW YOIt. K , John A. O,KaA£fe~ · ." ,. ' .. . ':' .'. ' '".~""?k'. 7~,t'~.:.?' ' "'" : "' F~s'and/or ~x paid as'follows: · "'" ': '"' · '" - ' .. · ' · ' ~lved, by . :'.~ck .:, · -- ...... ~ ~ '..; ...~., ..,,,, ................................................................ : ...................... ....~ .................. ~ ." . ~.:' :...- " .'. ' '~ ':"" n'-~[~nd ~ .......... and ~ea~F~ot~ono. ~ulem and plena ~ preserve' the ~a'tu~al baauty ~. Tho ~e~l~o~ ~n whXoh i'~4 op~'a~i~ns .~e ~rino~pally be looated ia aS F~oX, 1~ '~ho TO~A"O.~ So~hO'Id, ~ou~Sy.of 8uA'folk and ~ta~e o~ ~ow ~r~, ~ MA'. Mloh~.l 3hee2m~ · ~. J~mom ~. 'Mc~lelan 3tater ~d a reaXden~ of .~ ~tate Of .New money, o~ Jane V,' Ha~l._o,h William F. COD'N'I"Y OF SUP'FOI,~ "' .: .. .. . .:...:.... ~,~(~:~ 'Co.~.~ No. ~'~-a .u~ ' J9~ i. O,t~oo.f'fe ::. ;. mloi ' : ' '" ' .::'" 00~ ~ ~.~POI~ , . t~ =.tto~g~ for the eube~ri~s t J. S. : 516 621 0225 RRZ CONTRACTING CORP ~4-~a4 H1/27x00 13:19 Pg: NA~L~ENE LA~E CIVIC Y~$OGIATION INC. B¥-LAWB REVISED JULY 1, lpSO .~rtiole l Section I. A;ly pex'::un, firm o~- corl~-a'Lion owning a]~ intorost in any ]:~;rt of 'th~ ],~.'opurLy at ]~urc].; Southold 'Pown~ Dui'folk Coul%%F~ 1~'o~ Yol~k' consi~tSng .on Il. A~ porson~ fil'm or corl~ra%lon o%.min6j such ]residential property or Juno 3Oth~ and m~y be fixe~ al-Lo,'ed o~* chang;ed r~t any timc by a voto of thc Tho cor~rc~ion aZ 2:OO ~.'~.J on the firnt ?3aturday after the July 4th F. ay. Notic~ of :~u~h meeting; si¢~ned by tho Tr~asu~-ar ~hall be delivered mallard to tho ].a~,t record addrc~ss o~ ouch mcmbor at least t*:'l (10) day~ b~fore ~oc~?n ~ Special Heetlngs. Sp0cial u:ectings may bo called by a~ officer at Fax sent 5~ : 516 621 0225 MI~Z COMTRflCTIM~ CORP f14->f14 81/27/88 13:28 Pg: 1 Becrotary shall call a ~peoial mooting to consider specific subjects. Notice of ~,pooial ,~ootJng~s ;shall be deliv~rod or mailed at least thirty (30) dayu in advance ~f (:a.~Jed during the months of S~pt~mb~r~ October, ~ovc~be~-~ J~;nuar;~, ~'cbrt~ar~% ~arch~ A~i;[ cr l~e,y of ~]~ year and on fll'teon (15) d~-zs nobioe if c~l~,d dui'lng a~V other month of the year. Such notice ~;h&ll st~to ~e~ien lll. U;]iver. U~n written wal~er By every member entitled to vote~ a ,,co'ting ~ay be he]d at .uny t~me or place within the Stat~ of Now T(~rk and 7J~?i(~,.{~:].~. Q~:orum. Thc jn'c:~enco ~n poi'son ua' by pl.o~ oi' on~-thil.d (1/3) of ~(:%'~,~9~3~. VOt:~r~g. A;I. 3 l~o,)bcrs or thcii, pl'uxiu~ ~t~(11 bo ont~%J, cd to one vote each and e;!ch and every member shail be enti%led to vote by wi'itten proxy. eleven (11) months Trom %he ~ate of it~ fJoctlon VI. Order of ){usi)~;. The order of business ~;ha]l bo ;is d:ircoted by The t~z'm of oi'f~ce ~hal~ be e~e Ii) yeaz or until Pi ;L~IISII'I': tho t>renid(nit shall })~rec;Jdo m'L moo'~in(.-~ of tlc corporation and shall puffers ~ll duties and have ~i].l pOWCI'S naces~urdly ~RZ CONTRACTING CORP ~4-~fl4 ~1~27%00 13:28 Pg: i~ec?;o~_J_.~.l'_I... ¥]C;,O-PR~IDD;NT: the Vioo-Preoident ~*ill serve ac President in tho ovant of th~~. President's offio~ beech, es vacant and he ~'ill be included ...........~ction ]'V, ~'~..CH,~I.~Y:'~'. ~ ' th~ Secret:~ry sbaJ. 1 a'~te~d all meetings of the ~md ,,jer~l.all~ devote his best effox-%s %o fOl-%~a~lin~ the ~usiness. and account of all n~onies received and cxpcnd~d, a~ld shall deposit all monie~ in the ~Jorth Fork ]~a~c ~ T~ast Compa~ nt L]a'~tituok, ~o~: York and sh~].l ~'epo~t ~t %ho ~rmual ~etinC or when cal].o(l uj~n by t)~o President. The funds of %}]0 cor~r~xtion shall be drm~ onl~- on %he sJ.~aturo of th~ }~esJdon~ o3 subject to the inspection and control of the President or ~; mcmbcr of tho fur t icl~ V C OI,H,I I'FI'POP, S 2 ~.~. ,A,r,t,iole VII ' ' Section I. Those By-Laws may be ~ondod, repealed or altered in who~o or Jn Dart by ~ majority vote at any duly organized ~eeting of ~he oorporAiion~ ~,rovid~d tho ]',ropo~od change is submitted by delivery o~- b~ mail ~o each member at his l~ reuord u.ddrez~s ~t ].oa~t t~n (10) da~z bofor~'t)lo ~ime of ~he ~eOting which ts to consider the change. ~cction i. Whore husband and wife Jointly own property each ~hall be entitled to one separate vote. ~;o additional votit]g priviledges shall be attached because of %119 ow;lorsb~)) of moro %hah one lo% or ~116~ in the $~c~jl,,f~._~'~_. No on~: :;h~ll b~ entitled Lo vole at a~LY meo%in~f at a)%y' time ~l' that ?J:lO0.O0 f'ol' a~y improvements or Associ~tion 1)reject cz, noted. Tho uDproval of tho Lh~ m~J.l,~:x'::;hJ.p l~'f;,V ~'~ ~ll~d b~ mail b,y th~ ]~r,,sidenL ur~d the approval ~,f 'the majority o:C thoc;e entitled to vo~e sh~$11 be sui'ficicnt to expend a fWeatnr Sum~ or a r, ajority of 'the members to vote at th~ time. This ~;hall appl~ to oMpenditure :[)~cl con~J, o~' thn }:ark, the b~ach and the stops /~adtrqg from the park to t'l~e bu~:h and shhll maint~Lin in force at all limos a suitable policy of MARLENE LANE CIVIC ASSOCIATION INC. PROPOSED REVISED BY-LAWS Compiled by the BY-LAWS AND RULES COMMITEE Bob MacLellan Tom Saladino Joe Fusaro Mark Gaynor Walter Sharkey Lynn Gould MARLENE LANE CIVIC ASSOCIATION INC. ARTICLE I MEMBERSHIP Section I. The Marlene Lane Civic Association was formed in 1952 and was incorporated in 1953 to administer the common deeded prope~l), referred to as the beach, bluff and right-of-way. Its goal is to advocate and promote the adoption and application of suitable rules, plans and restrictions as to the proper use of the common property located at Marlene Lane (beach, park or "bluff" and right-of- way). The Association conducts the bussiness for the common deeded property, to wit: 1) Receives and pays the Property Tax Bill for the common deeded lands. 2) Decides what maintaince, upkeep or improvements need to be made and arranges or pays for them. 3) Secures liability insurance for the common property and pays for it. All of these expenses are the legal responsibility of all the residential property owners of M_arlene Lane and the Association is empowered to collect dues to pay for these expenses. Se~:tion II. Any person, firm or corporation owning any interest in any part of the property at Laurel, Southold Town, Suffolk County, New York consisting of the residential taxable lands fronting on Marlene Lane and the lands opposite those lands on the south side of Peconic Bay Boulevard will become a member of this Association. ARTICLE II DUES Section I. Annual dues for membership shall be on a fiscal year basis, July I st to June 30th, and may be fixed, altered or changed at any time by a vote of the majority of the members present at any meeting of the Association. Dues ~e payable on or before July 1st of each year. ARTICLE III MEETINGS Section I. Annual Meeting. There shall be an annual meeting of the membe~rship oftbe corporation at 2:00 PM on the 2nd Saturday of June of each year, to I~ held at the "bluff', located at the common deeded property of Marlene Lane. Notice of such meeting, signed by the Treasurer, shall be delivered or mailed to the last address of record of each member at least ten ( 1 O) days before the lime appointed for such meeting. Section II. Special Meetings, may be called by the President of the Association at any time. Upon the written request of a member of the Association, the Secretary shall call a special meeting to consider a specific subject. The notice for such a meeting will state what the agenda and reason for calling the meeting is and will be delivered or mailed at least thirty (30) days in advance of the meeting da_t_e. Section III. Waiver. Upon written waiver by every member entitled to vote, a meeting may be held at any time or place within the State of New York and any action may be taken there at. Section IV. Quorum. The presence in person or by proxy of one-third (1/3) of the members of the corporation entitled to vote shall be necessary to constitue a quorum for the transaction of business. Section V. Voting. All member properties shall be entitled to one vote each and are entitled to vote by written proxy. Properties with more then one owner or properties held by partnerships, corporations or trusts shall be entitled to one vote only, but may divide thier vote fractionally. Section VI. Order of Bnsiness. The order of business shall be as directed by the President, according to "Rebel's Rules of Order". This order should be: A) Minutes of last meeting by the Secretery. B) Financial report by the Treasurer. C) Committee reports D) Unfinished and old business E) New business F) Adjournment ARTICLE IV OFFICERS Section I. The officers of this corporation shall be a President, a Vice-President, a Secretary and a Treasurer. The term of office shall be two (2) years or until a successor is chosen. Setfion II. Duties of the Officers. The President shall preside at meetings of the corporation and shall preform ali duties and have all powers necessarily incident to the office of President. Section IlL The Vice-President will serve as President in the event the President's office becomes vacant and he will be included in all Advisory Board meetings. Section IV. The Secretary shall attend all meetings of the corporation and keep a record of same, shall conduct all correspondence and generally devote his best efforts to forwarding the business and advancing the interests of the corporation and shall be the keeper of the seal of the corporation. The secretary will also periodically compile and distribute a list of all members and thier address or addresses. Secction V. The Treasurer shall keep a list of members and an account of all monies recieved and expended and shall deposit all monies in the North Fork Bank Company at Mattituck, New York and shall report at the annual meeting or when called upon by the President. The fimds of the corporation shall be drawn only on the signature oftbe President or Treasurer. All books and vouchers shall be under the supervision of the President and subject to the inspection by any member of the association. Section VI. Advisory Board shall be composed of the current Vice-President and the three (3) immediately past Presidents still active in the corporation. The Advisory Board shall; A) Provide counsel to the Presidem when requested. B) Serve as the nominating committee. ARTICLE V COMMITTEES Section I. The President may appoint as many committees as may be necessary for the proper functioning of the corporation and shall oversee their work. ARTICLE VI SEAL Section I. The seal of the corporation shall be a circular impression bearing the name and date of the corporation. ARTICLE VII AMENDMENTS Section I. These By-Laws may be amended, repealed or altered in whole or m part by a majority vote at any duly organized meeting of the corporation, provided the proposed change is submitted by delivery or by mail to each member at th/er last address of record at least ten (10) days before the time of the meeting which is to consider the change. ARTICLE VIII MISCELLANEOUS Section I. Each residential taxpaying property shall be entitled to one vote. No additional voting priviledges shall be attached because of the ownership of more than one lot or plot on Marlene Lane. Section II. No one shall be entitled to vote at any meeting or mail vote at any time if that property is m default m the payment of dues. Section III. The officers are entitled to expend at any time a sum not exceeding two hundred dollars ($200.00) for any improvements or Association projects or needs. The approval of the majority of those present at a regular or special meeting of the Association shall be required for all expenditures over $200.00, with the proviso however, that the membership may be polled by mail by the President and the approval of the majority of those entitled to vote shall be sufficient to expend a greater sum. ~.lill~l~lll~l-~.~ This shall apply to expenditures of funds, resolutions and alterations, changes or amendments to the By-Laws. Section V. The Association has assumed responsibility for the property taxes, insurance, the care and maintainence of the park or "bh/W', the beach and the walkway or right-of-way leading to the beach. The Association will maintain at all times a suitable policy of liability insurance on the common properties protecting the Association and its membership. ELIZABETH A. NEVILLE ' TOWN CLERK REGISTRAR OF VITAL STATISTICS M.~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New york 11971 Fax 15161765-1823 Telephone (516~ 765- 1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: f"'~C-'J,,/,./ '"~/-?.._rj ~ 7'--~',.-~ ~ (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) _ J Printed Name: //~ ,Z~ [,~.... f. ~'/_~ I/frO ~ Address: Mailing Address [if different from above}: [~/] APPROVED eEcEIVlliD [ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. Neville Freedom of Information Officer FEB 1 2OO0 ~uthola Iown Clerk Date * If delayed or denied see reverse side for explanation. GREGORY F. YAKABOSKI TO~VN ATTORNEY MARY C. WILSON ASSIST:kNT TO'WN ATTORNEY JEAN W. COCHRAN Supervisor ~o~}n Hall, 53095 ~oute 25 P.O. Box ll ~9 l-~o~ld. Ne... York ~0,~-0959 Fax (~31) 7{55-1823 E-maih townattor ney~ sour hold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: SUBJECT: SOUTHOLD TOWN TRUSTEES ~RE~ORY ~=. YA~BOS~, ES=., TOW. ATTOR. EY ~r ~ MA.¥ C. W~LSO., ES=., ^SS~ST^.T TOW. ^~TOR.E¥ FEBRUARY 16, 2000 MARLENE LANE BOAT RACK I am forwarding to you correspondence received from Ed and Eileen Herrmann regarding the above-referenced matter. GFY:ck Att. I Edward L He.mann .~ PO Box 1166 Ma~tuck, I~Y 11952 January 27,2000 Mr. Albert J.Krupski,Jr. President-Southold Town Trustees POB 1179 Southold,NY 11971 JAN 3 I 2000 Dear Mr. Kmpski, First,thanks to you and your fellow Trustees for your patience in listening to a neighborhood discussion which should have taken place on Marlene Lane before Mr. Zahra sent his 8/22/99 Letter of Request for Waiver. Obviously,there is anything but agreement on the block concerning his approach or his proposition. Second, I would appreciate your adding the attached statement which I made last night to the Trustees as you send the file back to the Town Attorney for opinion. I will keep in touch with the Trustees' office from time to time,but I would appreciate being notified if anything further develops in this matter. Thank you. Sincerely, Mark P. Gaynor 1905 Marlene Lane Mattimck,NY 11952 298-9531 January 26,2000 Gentlemen: This Request for Waiver raises two questions: First,are the proposed boat racks environmentally sound,which I know is the Trustees' prime consideration. When Mr. Zahra asked his fellow homeowners on Marlene Lane for their concurrence,he specifically promised that the boat racks would be placed "in the non-usable grassy section of our beach".Based on this promise,Mr. Zahra claims a majority of the 49 homeowners went along with his proposal. However, in the sketch attached to his Request for Waiver,he indicated the exact opposite placement,namely on the non-grassy, sandy part of the beach. Since the sandy part of the beach is fairly limited,I believe,if the majority knew of this change,they would not have gone along with his proposal. Second,neither Mr. Zahra,nor the Marlene Lane Civic Association has the right to sign as owner of the beach in question. Your own Public Notice of this hearing indicates the Owner of Record as "The Individual Homeowners of Marlene Lane Civic Association". Chief Assessor Bob Scott has recently confirmed that the individual homeowners,not the Association,are the Owners of Record. Your own Authorization rules require that,where someone other than the Owner applies to the Trustees,the owner,or in this case,49 owners,must also sign. This has obviously not been complied with. Based on these two questions,I urge the Trustees to return this Request for Waiver to the applicant to straighten out this matter on Marlene Lane before reapplying to the Trustees. Thank you. MP, ~A-'~K p. GAYNOI~ ~90-~ HARLENE LAN~ HATTITuCK, NY 11952 GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSIST.M'4T TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631_) 765-1823 E-maih townattorney~ southold.org OFFICE OF THE TOWN ATTORNEY TO'tN OF SOUTHOLD January 31,2000 Mr. & Mrs. Arthur Aiello 615 Marlene Lane Mattituck, NY 11952 Dear Mr. & Mrs. Aiello: Please be advised that I received your letter, dated 1/24/00, regarding the Madene Lane boat rack and will be forwarding it to the Trustees for their review. If I can be of further assistance, feel free to call. Very truly yours, Southold Town Attorney GFY:ck January 24, 2000 Dear Mr. Yakaboski, We are residents of Marlene Lane. We are also members of the Marlene Lane Civic Association. We have lived in this lovely North Fork beach community predominantly as summer residents but also as winter weekend visitors for the past eight years. My husband and I want you to know how we feel about the present situation with regard to the problem with the boat rock, that is causing so much grief and disharmony for many. We are among the majority who voted for it and are concerned about the handful of people who are attempting to dominate what takes place in our community. They have total disregard for the wishes of the majority. We have the privilege of having deeded beach rights and want to enjoy all that it brings. We are responsible adults and would like to enjoy what we have in a responsible way. Mr. Zahra took great pains to go to through the proper channels, polling the residents, taking a vote etc. to have the boat rack vote pass with a majority vote, as all other projects have been. We are appalled that two very vocal men, who never use the beach or bluffthemselves, could have such power. As tax-paying residents of Southold, we implore you to end this devisive web that we have all been caught up in. We have always done what is in the best interest of the majority and will not be dictated to by the minority. We ask you to come to a decision in the best interest of the majority, not just a few. Thanks for your consideration in this matter. Rgspectfully submitted, Arthur and Doris ^iello JOHN A, O'KEEFFF, July 9,9, 1955 Narlene Lane Civic Bssoci~tion, c/o L. R. t~,,~inkworth R~attltuck, Long Isl*nd, Re: File Gentlemen: il'Phis is in answer to your letter of July 25th, iast: · In the deed you have, a fairly l~rge interest conveyed to Mr. Abitz. ~s he conveys ~dait[on~l plot~, he includes in the deeds a part o£ bis interest [n the P~rk. In other words, we attach fractional shares to property r~ther a than to people so thst when, p~rtlc~lsr lot is conveyed by ~r. ~bltz, he conveys a 1/8~nd lntec,~st, ~s a rule, i~ it is a normal size lot. a~d' used were planned so that each plot, fractions north south of the Boulevsrd, would be assigned ~ frsctlonal interest. M~en all lots h~ve been conveyed, the fr~ctions will add up to your full title· ~en all the land has been sol4 by Mr. ^bttz, he will no longer havo any fractions left· As ~ re- call it, we esttmGted that there woml~ be 8~ plots sn8 we ~ssign- ed a 1/82nd to each· We get different fractions because some people bought a little extr~ frontage or an extra part of a lot. 3. ~s to item 3 in your letter to ~o with co~m~erctal purposes, I think you would h~ve to ~sk ~r. ^bitz about that. He does not hsve ~ ~reat deal of property left and ss to the bulk of it I am sure he inten~slt to be resiSenti~l. There be some de&ign for business st the t~aia Rosd en~ ~t the north· ~s to the use of the name Roberts ~s sn ~djoinlng owner, when in fact he was not the owner st the time, that is immaterial. 'ffnat sort of thing is s frequent occur~nce in real yroDert~ descriptions· 4. f do not know the present ~ssesse~t v~lue, but you can find it out by telephoning ~alter Grabie, the Assessor of Mattituck, who is in the 'phone book· I think that Mr. Abitz had some idea of taking the matter up with ~r. Grabie ~nd that because it was in the nature of a p~rk, that it might not be taxed or would be taxed very low. I think you should talk with Edward Abitz first and then perhaps confer with ~r..~rable. He is very cooperative· Msrlene Lane Civic Page 2 July 29, 1955 If there is ~lly further in~or~:r~ t;[on that .,fo~t wofld like, please sdvise. JOK:da Yt, urs vet.? truly,, k__~;~/b.' ,,../~z~-.~ ,. - JflFi'M ~. O'KF",F',I~r~', Dear Hr. O'Xeeffe~ ~he £ellowi~ fnrornatioa is being reques~e~ The Harlene lane Civio Organisatton, lno,, is iA reoeip~ of Deed, ln~eree~ of eaoh prope~ ovna~ oa Narlene ~ane~ an~ its meaning .n~ ~l~h respeot t~ ~he aboves ye wo~ld like tl~e £e2~owin~ lnfoT~a%lon~ ,/' (2) ~ is ~ ~eamiaS of ~h~ break, mm or 1-~ ri~. ~ ~e2 - (~) ~ ~ ~P~I ~ ~ ~ of ~l~ i~l~e p~y iii ~t ~ly ~ sold f~ ~e~l let ~ ~ ~s l~o~tion ~ t~ ~t Sat~ ~ ~y, S eere~ar~-Treaeure~ INSURANCE .:y Nun~ber: · y Description: -:lrance Company: · ..rive Date: 12UECCW5816 Commercial L~abili=y The Hartford 09/19/~8 09/19/99 , . I Z~hra: 1ax b21-0225 phone conversation, the Hartfcrd qtloted $50 to cover the ~r:.2n whi~e the boat racks are under construction. . ~ tk. at, the coverage ks included in the premium already c~arged :'let %he policy. coverage should be added, hdv.~ one of %he board :uembez,s c;on~ac5 .>, i meBtioned, the by ~aws currently sen up concerning bar-D-q~es · .no .~la~;s bottles are de;ermined by the associasion and are what mak. · '~,e ~,x~ostl.~e accep'l;abl~ ~o the insurance cc~pany, Hartford. al¥ yours, ...~,;....,- ,/,x, ,,f} ,%/.. ~,,. -'-"~rr~ hH'ttrt*,tce ~' Fin.'.cial Sero,ices MARK P. GAYNOR 1905 MARLENE LANE MATTITUCK, N. Y. 11952 290-9531 August 10,1999 Mr.Albert J.Krupski,Jr. President-Southold Town Trustees POB 1179 Southold,NY 11971 Dear Mr.Krupski: Please refer to your current Trustees' file on t Lane Civic Association. It contains my JJUly 29,1 and Richard Zahra's August 2,1999 Letter of Request for Waiver concerning a couple of boat racks he wants to build on the beach which is owned in common by the individual homeowners on Marlene Lane. The first point to note is that Mr.Zahra has no official standing in the Association other than as one of the 49 homeowners.There is no such title as"P~esident of Marlene Lane Boat Rack Committee" which he used in the Letter. Secondly,as indicated in the attached "Liber 3842,pages 220-224",dated February 19,1955,the original Martene Lane developer William F.Abitz deeded ownership of the common property,not to the Association(which was in existence since 1953),but to the then current individual homeowners. This deed runs with the individual properties and is reflected in each of our individual deeds.Therefore,in accordance with your own Authorization(where applicant is not the owner), copy attached,and,as indicated in my July 29,1999 letter, item ~l,for any application to be valid,each of the current 49 owners would have to sign the Authorization,should an Officer of the Association(which Mr. Zahra is not) wish to sign and submit an application. I have discussed this with both Town Attorney Greg Yakaboski and Consultant Jack Sherwood, should you wish to touch base with them. The third point to note,in the sketch attached to Mr.Zahra's Letter of Request,is that,to satisfy the Trustees' rules, Mr.Zahra has shown the boat racks away from the beach grass. As indicated in my ~2(7/29/99 letter),he had promoted the idea to our membership by promising tcplace the boat racks "in the non-usable grassy section of our beach".Something is obviously contradictory here,Mr.Krupski. Based on the above,shouldn't you consider sending Mr. Zahra's Letter back to him without action on the Trustees'part?Please let me know what you decide to do.Thank you. Sincerely Mark P.Gaynor 'i -oon. t~oted on s~Xd t,ropert~ v~rlou~ d~el~tn~'on but~.~n~ ' ~, 'in'~f~ll~nt o~ aald p2.an', ~e ~I~Z party~ha~ i~t ;. ' ~.. ~ O. ~I~, reaidlu6 ac Uattimok, ~ew Yo~, ~ 's~ partT, hereto ~exed ~d ~de a pert ~reor, leoond Wrt~el,'~i,~ heirl, ~he To~n of 3outhold, Cowry o~ ~ui'rolk and 9ta~a or~ Mew or the go'neral ~&n' for the dewel~p~at of ~hl~. area eontemplat~li ~hs cre&Clon o~ · par~,£ron~lng on Peaon~ bay .' ~.' ' ' . L~e ~r'~yln&'~n'the tract b~tvee~ ~econ~a hy ~eva~ a~ · " :" ~y '~r locatton, ,, , · - · :. · .so a~' to Ln~er~ere.~tth t~ proper 'ual ~ereo~ b~ ~y 6~ ' ' ' ; '' '.' t~e ot~ra ~r t~lr ~eats or ~ern ~f ~tr ~Xtel. '":; ' ' o~ ~u party'of'~h~' f~rs~ part ~n ''"' ~: - '~ '"'' , '"'~ , ~ I'"' ex,uteri tr. ls' de~'d . .' .. ' ''' ' .." : 'L ..... ,. .. .:~ ~-.· '~,~.'~ ' "' ............. '" ' ' :~-'.' "-':':-::'"~:~ .... ~'. '- T:'. ....... --, -. "~"~' .,,~ ·.. ..', .., . ... ,, .. · . · .~1 .i ;! f Oscar .W~d M~ks ~' ~,"'.p~ul M. ~slach ahd " Jane ItalY. ach,hi! I{.f~'. " "E~a Schsdd .... " ." Walter 1,' ~o~'and . .~ Ethelreda Co~hX.I w~fe '. ", 'L'l[lli~ '~r ~d '~/e2 x/~ t/an · . ~ve~yn Ountbbr,hiw Matttt~Ck,- New York " '. ~gelo Oole~ti ~d. ' 6~3 Ea*t 220~'~tree~ ' ::., >" .Erno~tt~e Coletti,~m wife' 'Bro~ 67, ]lew Yor~ 1/~ ...'. .. . ~ .B~l)Qklll~,,lll'YOfk ~ ',,. . .. ~rt~n vo~l.~l ~. ' ..es~ ~o~' ~o~'k ' ".'.'.. :". ": ' lt~ll, lO~lok~,hl~' vl~o'r'. B~okl~ O, I;y~ ' .; . . .... : . Jig I. Co~i~ and ' ,'" ',120 Mo~o~d Avon,. " '.. .. ~.~,h~l w~fo .... ~atohO~o. 'W.Y. '.,'. ''~ -'. · '. .... - '. ." .. .~ ." .' b~ ~dont; I,Y: . " ,:.':. .'.~, . · l&~m'~, Fo~ :~A " '. .~llt~'O* Pete~ ~d .. 62-~. ~'~ Street::'''..' '-:' . a~bert ~. "~uaa Ltllla= ~ula,hi.. wife , , ~ Valley Vied Road.... '" ~eaC Reck, N.Y. ...... "% va l. vi;,.o 4 ' ~oard of Trustees A~lication AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) MARK P. GAYNOR 1905 MARLENE LANE MATIrrUCK, N.Y. 11952 290-9531 Mr.James McMahon Southold Town Trustees POB l179,Southold,NY 11971 Dear Jim, Re:Potential Boat Rack Application Marlene Lane Civic Association Further to our recent phone conversation,it now appears that the Marlene Lane Civic Association may be submitting an application to the Trustees to construct one or more racks for Sunfish or similar crafts on the private beach owned jointly and severally by the individual property owners (about 49) on Marlene Lane in Mattituck. A recent "vote" was taken to determine who favors and who opposes such boat racks.According to Association Co-Pres- ident Tom Saladino,more respondents favored than opposed although a fair number didn't respond at all.However,to my personal knowledge,those opposed would easily comprise at least a third of the Association members. The purpose of this letter is to call the fbi!owing to the Trustees' attention,should the Association actually present an application to you: 1.The MarlenE Lane Civic Association,as such,owns nothing. Ownership of property consisting of a walkway from Peconic Bay Boulevard to the park-like bluff and adjoining beach vests entirely with the individual homeowners,and is so stated in each of our deeds.A portion of the Trustees' application,entitled "Authorization",calls for the signa- ture of the owner(s) in the event that a third party "Agent" is submitting an application on the owner(s)' behalf.To me,this means that each property owner would have to sign the "Authorization" for the Association to file the application on the owner(s)' behalf.Clearly,not all would sign,by a long shot. 2.The proposed location of the boat racks is,to quote the primary promoter thereof,"in the non-usable grassy section of our beach".Based on our discussion,Jim,this would clear- ly be in violation of the Trustees' and the DEC's oblig- ation to protect what you referred to as "cord grass or spartina".By the way,Jim,the Association Co-President is under the impression that the DEC would not have to be consulted,although I told him it is my understanding that they must be involved and that they have their own applic- ation process. -2- 3.The boat rack is being promoted primarily by people who wish to store Sunfish or similar sailing craft thereon. Yet,as I read the Southold Town Code,Section %32-34,such craft cannot legally be launched or beached anywhere nearby, since all adjoining beaches are considered beaches regu- larly used for bathing or swimming. The Code prohibits operation of any boat other than a hand propelled boat within 100 feet of such beaches.That rules out all of the adjoining Veterans Park beach to the East(roped and not roped since it's all used for swimming according to Park personnel),all of the Marlene Lane Civic Association beach which is all roped,and the beaches immediately to the West since they are also roped.Therefore,why erect, or permit to be erected,boat racks for craft which cannot be legally launched or beached anywhere nearby? Jim,the above is submitted to ensure that the Trustees have a fuller picture than the potential application would be likely to present. If you or any of the Trustees would like to discuss this further,pleas call me at 298-9531. Thank you. Sincerely, Mark P.Gaynor MARK P. GAYNOR 1905 MARLENE LANE MATIITUCK, N.Y. 11952 298-9531 August 26,1999 Mr. Albert J.Krupski,Jr. President-Southold Town Trustees POB 1179 Southold,NY 11971 Dear Mr.Krupski: First,thank you and your fellow Trustees for a very pro- fessionally run meeting. Your referral of the ownership question to the Town Attorney was certainly the logical route to follow. I will be interested to learn his response which I assume will be to have a title report accomplished. Second,I was surprised to learn from the remarks by Messrs. Zahra and Fusaro that the walkway installed by the Marlene Lane Civic Association in 1993 was never submitted to the Trustees for inspection and approval.As a Marlene Lane homeowner,I am concerned at this lapse.What can we,the property owners,do at this time to clarify this matter? Please advise. Thank you. Sincerely, Mark P.Gaynor July 29, 1955 ! \ ~arlene Lane Civic Association, Ync. c/o L. R. ~lnkworth Mattituck, Long Island, N.Y. Re: File 142 Gentlemen: This is in answer to your letter o~ July 25th, last; 1. In the deed you have, a fairly large interest was conveyed to Mr. Abttz. As he conveys additional plots, he includes in the deeds a part of his interest in the Park. In other words, we attach fractional shares to property rather than to people so thatwhenl/82ndParticulara lot is conveyed by Mr. Abltz, he conveys a interest, as a rule, if it is a normal size lot. 2. The fractions used were planned so that each plot, north and south of the Boulevard, would be assigned a fractional interest. When all lots hnve been couveyed, the fractions will add up to your full title. When all the land has been sold by ~,~. Abitz, he will no longer have any fractions left. As I re- call it, we estlm?ted that there would be 82 plots and we assign- ed a 1/82nd to each. We get different fractions because some people bought a little extr~ frontage or an extra part of a lot. 3. As to item 3 in your letter to do with con~ercial purposes, I think you would have to ask Mr. Abitz about that. He does not have a great deal of property left and as to the bulk of it I am sure he inteudsit to be residential. There may be some de&ign for business at the Nain Road end at the north. As to the use of the name Roberts as an adjoining owner, when in fact he was not the owner at the time, that is immaterial. 'i~at sort of thing is a frequent occurance in real property descriptions. 4. ~ do not know the present assessed value, but you can find it out by telephoning ~alter Grabie, the Assessor of ~lattituck, who is in the 'phone book. I think that Mr. Abitz had some idea of taking the matter up with Nr. Grabie and that because it was in the nature of a p~rk, that it might not be taxed or would be taxed very low. I think you should talk with Edward Abitz first and then perhaps confer with Mr. Grabie. He is very cooperative. Box 1025 2015 Marlene Lane Mattituck, NY 11952 September 7, 1999 Albert J. Krupski, Jr. President Southold Town Trustees P.O. Box 1179 Southold, NY 11971 Dear Mr. Krupski, At the Southold Town Trustees' meeting on August 25, 1999 there was a lack of closure in the discussion of the request for a waiver in order to place a portable sunfish rack on the "beach property of the people of Marlene Lane" (exhibit E waiver request). Introduction: A close examination of the letter of request for a waiver (see exhibit E) addresses each of these questions I. the approval by a majority vote of the civic association 2. the location of the property and the location, use and number of boat racks 3. the authorized signature 4. the ownership of the beach/bluffproperty. 1. The approval by a majority vote 1.1 Covered dish gathering 9/12/98. See grdlil~il_A disavowing the consideration of any matter other than the insurance hence no approval of boat rack. 1.2 Annual meeting 6/12/99 motion made and passed to poll members on interest. No motion was made for action on this poll. See fdihihit.]5_ p 5 & 6 of minutes. 1.3 Poll 7/7/99 distributed. See ~. Results of poll not available. In this memo ~ Tom Salidino not only voided the poll but authorized a vote. His reason that all returns were not in was clearly covered in l~ instructions on the poll - poll sheets not returned were considered a no. He also mentions Richard Zahra's displeasure with the wording of the poll. His summary - the boat rack was favored is correct but the necessary vote for further consideration is 25/48 not 21, 1.4 The revised vote of 7/10/99 is not pertinent since it was not author/zed. Note that it was distributed on the very day that the original had set as a deadline. Conclusion #1. There was no authorization from the association to gather more information or to pursue presenting a letter of request for waiver. 2. The location of the property and the location, use and number of boat racks. 2.1 The beach/bluffin question is South not North of Peconic Bay Blvd. 2.2 The location of the boat rack(s) on the waiver does not conform to the statement on the poll (exhibit C) "placed in the non-usable grassy section of our beach" 2.3 The use as stated on the waiver is for "a portable sun fish boat rack". The use as stated on the poll (exhibit C) is for placement of "approximately 8 sunfishes, canoes or kayaks". 2.4 The number of boat racks is unclear. In the waiver the request is for "a portable sunfish boat rack.., the racks". Conclusion #2. Ambiguous at best. Needs revision. 3. The authorized signature. 3.1 Signature of Richard Zahra as President of Marlene Lane boat rack committee is inaccurate. There is no designation ora committee chair as president. 3.2 No member of the Board signed this waiver. Conclusion #3 This is not a waiver authorized by the Marlcne Lane Civic Association. 4. The ownership of the beach/bluffproperty. 4.1 In the letter of request for a waiver the property of both bluffand beach is described as "property of the people of Marlene Lane" 4.2 In his letter 8/26/99 to Gregory Yakaboski, Esq. (exhibit F) Mark Gaynor raises the need for a title search to resolve the question of ownership prior to the consideration of a boat rock. Conclusion #4. A decision to table this request for waiver until: 1. The ownership is decided by a title search 2. Thc members of the Marlene Lane Civic Association can consider this question at their annual meeting. 3. Ifa boat rack is approved then a carefully constructed duly authorized waiver can be submitted for your consideration. Sincerely, Hannah Masterson :MarFene £ane Civic ~tssociation :P.O. Box 1082 :34attituck, YVlJ 11952 July 7, ~999 We are taking apollfrom allthe members of the ~qssociation in regard to the BO:~T P~cxCJCS (for sunfish/sailfish, canoes and kayaks) and allowin~] for individual families to barbecue on the ,Please vot, e andreturn the 6ottom of this sheet to: Chr'~stme.~Saladino, Sdc., ~45o .:Tvlarlene .'£dr~e, Yvlattituck 2v~J ~952 no later than :Friday, July ~6, 1999. If vote sheet is not returnedby. Tuly ~6'~ your vote willbe considered a Y~fO vote. Tom Saladino £ynr~ £ennon-Gould Co-Presidents Dear :lqembers of the :lqarlene £ane Civic 31ssoc. This poll is beinB taken in rel~ards to buildin~ the Boat Packs, which willbe placed in the non-~sable grassy section of our beach. They will holdapproximately 8 sunfishes, canoes or kayaks. They wou(d-be co~eredunder ourpresent insurance policy at no extra expense. ~ll costs for buildin~ andmaintaining the racks willhe sole responsibility of those who use thewru There willnot be any additionalexpense to be incurredby the :Tqarlene £ane Civic z~ssociation. .. If th, i.~ proposaE '.ts "accepted t~. is stilbsubje~t'to the ap, prtrva( of the Southold Town :Board of Trustees who have jurisdiction over the beaches. Thank you, Richard Zahra .F...el..W'E CI'¥IC 3~SSOC_J~I. TIOa¥ 70.0. ~BOX Io8z Dear OVlembers, Thank you to allof those who attendedour Special~Vleetin~ on Saturday, September 12,1998. ~ccordin~ to our :By-£aws, Article 3-Sectitm 2, a "Special ~Vleeting" may be calledfor a "Specific Subject': The subject of the meeting was an increase in our insurance only. ~ thirty days notice of the meeting couldnot be given since our Treasurer, Joe Dittrich was stillcorresponding with the insurance company as late as September 4'h Our notice of the meeting was handdeliveredon Saturday, September 5, ~998. Y~fr. Dittrich received an insurance policy statement in the amount of s2,5oo.oo per year ctrverc~e of a million-dollar liability policy for the 3oardwalk, 3luff and ~eacfu ~tccording to ~ State law, the z?tssociation shouldhave been given 6o days notice of an increase as large as that. ~We have paid ssoo.oo per year for the lastpolicy. Since we were not given sufficient notice according to law, we were given a ~o% (sso. oo) increase for the year September 2o, 1998 to September 19,1999. ~mount is now s55o. oo. ~t motion was made andsecondedto accept the lO% increase for this year and to investigate insurance a~ents andcompanies for our future policy. Since the meeting was for insurancepurpose only, any other subjects that were discussedwillhave to be ~rrou~ht up again and votedupon again at our ~nnual~4eeting on Saturday, June 12,1999 at 2pm on the ~luff. Thank you, Tom S.a, ladino ~ Co-:Presidents ,..J, MARK P. GAYNOR 1905 MARLENE LANE MA'rIIrUCK, N. Y. 11952 298-9531 August 26,1999 Gregory Yakaboski,Esq. Town Attorney Southold Town Hall POB l179,Southold,NY 11971 Dear Greg: At the Town Trustees meeting on August 25,1999,the matter of the boat rack application was tabled and referred to you for your opinion as to who has ownership rights for the property shown on Tax Map ~I000-126-6-10. Based on our August 4,1999 discussion,I assume you will respond that this can only be properly resolved by request- ing a title search and certification from any reputable title company. Assuming such a search is made and certificate rendered showing the forty nine individual homeowners,not the Mar- lene Lane Civic Association,as owners,what percentage of such owners would have to sign an owner's author~zation for any legal or regulatory action?Is there a precedent that would indicate 100% would have to sign,or is there some lesser percentage (90,75,66,517) that would typically be deemed legally binding on all property owners?I would appreciate your opinion. Thank you,Greg. Sincerely, Mark P.Gaynor Albert 3. Krupeki, President ,James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold~iew York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOR A WAIVER , zoc,e ( z.o)-/o IIWe iq~A~/_~N~_ cIv/¢ A.C~ec. request a Waiver to ~Z~C~ ~ Signed By: ~