Loading...
HomeMy WebLinkAboutTR-06/05/1979 A regular meeting o£ the Board o£ Southold Town Trustees was held at 7:30' p.m., Tuesday, J~ae 5, 1979 at. the Town Hall, Main Road, Southold, New YOrk. Present w~re: President Philip G. Horzon Trustee Scott Harris Trustee'Anna Hataier Trustee John NiCkles Trustee~.Paut Stoutenbu~gh Jarvis-Veri~y, President, Southold~TownBaymen's Assn. Edv~rd~Hat~ahan~ Southo~d Town Baymen's Assn~ Loraine Terry Trustee Hataier made a motion, seconded by Trustee Stoutenburgh and carried to approve the minutes of the regular meeting of May l, 1979. Trustee Stoutenburgh requested that all letters sent out by the clerk be copied and sent to the trustees. On motion made by Trustee Hataier, seconded by Trustee Nicktes, it was RESOLVED to approve .the application of Christopher Gudis to place additionalfloat off floating dock at private property of the applicant at East Creek. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh Mr. Frank Hundley appeared at the meeting and presented the following'letter to be entered into the minutes of the meeting. J~ue 5ih, 1979 Board of Trustees Town of Southold Town Hall Southold, N. Y. 11971 Gentlemen: This inquiry is prompted by theitem published by the Suffolk Times on May 31st, 1979 which listed the "Albert Arias application to place an "off-shore" stake with a pulley line to "On-shore" stake off property of Goose Bay Civic Assoc., with permission of Association". I am a waterfront property owner in Goose Bay Estates and have been so for twenty-two years. I was active with the Association until a few years ago. I am not a member at the present time and speak as an individual citizen. First, I would like to refresh your memory in regard to Goose Bay Estates. This area was opened in 1934 by the Oliver Bros. and was filed as a development as Shown on Suffolk County Map #1176. ~About 12 years ago I researched all the original deeds delivered by Oliver and found that every parcel sold was covered by identical terms no matter whether the property was on water front or upland. In part they read "all the rights, title and interest in and to that portion of land lying in front and adjacent to said plots (waterfront) to the mean high water of Goose Creek,~ Subject to the right of other o~ers of lots (upland) on said map ~opass over and use the same" .... ~here is another sectionwhichspeIls out that only the owners~of waterfront pDoperty have. a deeded right toi~rect a ,dock onthe common~waterfront strip which~was ~8'i~eet~ ~tt~at time from building line to high water mark as sho~n on'Map ~llTS. I wasn't around here in 193~ but I have beem~told by old timers who are no. longer here that from the beginning there.were squabbles about moormng boats but mt dmd not become a problem u~ml the cre k outlet was opened for use by small motor boats.~This~channel was made through the efforts and money provided by the newly formed Goose Bay Civic Association in 1948/49. Unfortunately, all of the property owners did not join in this effort and the friction between waterfront and~upland owners in regard to the use of th~ waterfront continued until it reached a serious problem in 1967/68 when the Town of Southold started the mooring permit program. This mooring problem waspartiall~answered by the. Association Propo!sing a plan in which th~ waterfront would be divided in en°ughmoo~ingispaces to take care of the maximum number of upland Property o.wnersin Goose Bay Estates and still have room for the waterfront property owner to have a dack if need be. This map and suggestion was presented to all property owners and to the Town Trustees in a letter of Oct. 1st, 1968. This finally resulted in a public meeting on March 17th, 1969 at which many pro & con opinions were offered. The Trustees finally decided to accept the proposed mooring map as their guide and agreed to insist that the individual waterfront owner involved must agree in writing before a mooring permit would be granted. This plan has worked for l0 years with not too many fireworks and I suggest that it be continued. I raise questions on this application forthese reasons: 1. Goose Bay Civic Assoc,,~does not own any real estate and has no standing in the matter. e The Association does not have any legal authority to represent me or any other property owr~ers to approve or disapprove the installation of moorings. 3. The present application is vague as to the location of the mooring. ~en it is decided where the "on-shore" mooring will be placed the location must be agreed to by that water- front owner, not the association. Due to the provisions of the deeds, which I believe are peculiar to Goose Bay Estates, I request that this application be temporarily held up pending a further investigation and possible rewriting of the application to agree with previous practices. 549 Personally, I Would like to see each upland property owner in Goose Bay Estates have a boat mooring if he wants it but it should be at'the discretion o£ the waterfront Owner, as it is commonly done in other localities, and hope that Mr. Arias will get a mooring in time to enjoy this summer season. Respectfully, /s/ Frank G. HundleY On motion made by Trustee Haoa~er, seconded by Trustee Nicktes, it was RESOLVED to approve the application of Albert Arias tO place offshore stake with pulley line to onshore stake off property of Goose Bay Estates with the condition that a letter be presented to the Board from a waterfront owner giving Mr. Arias permission to place his stake in front of this Or,her's property. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh On motion made by Trustee Nickles, seconded by Trustee Harris, it was -. RESOLVED to grant permission to Frank Pileski to maintain a dock at the end of Rochelle Place at James Creek with the provision that a letter be obtained by Mr. Pileski that there is no objection to the dock from other property o~_ers in the Lyda Bartley develop- ment who have deeded rights to this right-of-way. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh .Mrs. Virginia Van Bokkelen will be written that if she can secure a similar letter the Board would entertain anapplication from her for a dock. On motion made by Trustee Harris, seconded by Trustee Nick!es, it was RESOLVED to approve the application of Harold I. 'Thomas to relocate dock off private property of the applicant at Corey Creek said dock to be 3 feet by 15 feet and it will take it a foot off the property line. Vote o£ the Board~ Ayes: Horton, Harris, Hataier, Nickles, Nay: Stoutenburgh On motion made by Trustee Harris, seconded by Trustee Nick!es, it was RESOLVED to approve the application of Harold I. Thomas to !~50 dredge an area no deeper than five feet in front of private property 6f the applicant at Corey Creek. This actionlis-s~b~eot ~to receipt of wetlands permit from i~ae Town of Southo%d.' Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Nay: Stoutenburgh Mr. Stoutenburghvoted in the negative in theabove resolutions because of possible salt water intrusion from the project. The following letters were received from the Southold Town Baymen's ~ssociation, Inc. Mr. Jarvis Verity, President, and~Mr. Edward ~Hallahan attended the meeting to represent the Baymen's Assn. Gentlemen: We hope you may agree that this thought is for the well being and safety of skin divers. The Baymen's Association members believe there should be a Town ruling or law prohibiting persons from skindiving for scallops orhard clams. Aside from the divers'~ harvesting scallops out of season, the main concern is that these divers, do not abide by their own safety rules, such as having a boat and buoy anchored at the area where they are diving. An unaware power boat operator could very seriously injure or worse still, kill a diver. Please take appropriate action, that you deem necessary. Another subject which wmuldin its own Way contribute to haVing a better stock of fish for the sports minded and commercialfisher- man of the North Fork area is as follows: Prohibit by Town rule or law out of towners netting killies, spearing and sand eels in the creeks under control~of Southold Town. Depletion of this natural food supply to the migrating fish population is sureto result in an acute shortage of fish for. the sports minded and commercial fishermen. ~ Please instruct your Bay Constables to discourage this practice by explaining to violators the consequence of the continuance of this netting practice. We believe the Town of Southold wants oo~ North Fork to be an active resort area. This thought could help. Respectfully, SOUTHOLD TOWN BAYMF~N'S ASSN.INC. /s/ Jarvis Verity, President Gentlemen: There are always those persons who knowingly or not care less whether they take Blue Claws 2" abreast, illegal hard clams, scallops out of season, steamers so small the shells can be eaten, There are also those persons who have no regard for the erosion created by navigating a boat in the creeks at 15 - 20 miles per 351 hour. Quite a number of times a commercial ctam manhas had to stand on tiptoes or have bis waders filled up. Slightly provoking, no? These above named violations are just a fe~ of many things that csn bepartly prevented. The term"To~nRay Constable" in o~_~ interpretation, means the patroling of Town controlled waters. The solutionthat the Southold Town Baymen's Association feels might be of a helpful nature would be to place the BayConStables in the areas where violations are taking place~ ~? ~on't say it is in our hands toljudge aud to prosecute each ~io.lator, b~t'we~dofeel We~s~outd~aMe.~a report back to the Town so that the violator be notified by mail from the Southold Town Office that he'is on record as a violator. enlighten the local residents ~ud visitors as to what is required of them in the Town waters. These members could~be.$1 a year assistantswhichis in reality, VOLUNTEERS. Please do not take thus lightly. The Association spent considerable time at its meeting and feels it is time a forward step be taken. The Executive Committee will be available for a meeting at your earliest convenience. Regards again. SOUTHOLD TOWN BAYMEN'S~SN.INC. /s/ Jarvis Verity, President Trustee Stoutenburgh made a motion ~hat the Board of Town Trustees recommend to the Town Board that an ordinance be considered in regard to scuba diving that a standard flag be used whenever anyone is diving in. town waters. Trustee Harris seconded the motion and itWas carried. The Board of Town Trustees ~u~aimously concurs with the above two lette~from the Southold Town Baymen's Association, Inc. and this information will be transmitted to the Town Board. The SouthoId Town Trustees had forwarded a letter from the Riverhead Town Bay Conservation Association requesting a letter of support in its effort to gain control a portion of bay bottom for a hard clam transplant program in a seven year lease to the Southold Town Baymen's Association for its comments and recommendations. The following letter was received from Jarvis Verity, President, Southold To~n Baymen's Association, Inc. June 1, 1979 The plan proposed by the Riverhead Bay Conservation Association suggesting that an area of the bottom o£ Peconic Bay be rented for 'the purpose of clam transplant is not feasible or legal. The~irst and foremost reason for objection is that there is a law on the"books of the DEC prohibiting the disturbance of any State bottoms.that are a proven commercial so~rce of Bay Scallops. The waters of the Peconic Bays are legal State areas thatare open tO all licensed bayvaen of New York State. Depriving access to portions of State wa~ers through bottom rentals ~does not seem equitable. The article in the "Suffolk Life" reads that "the organization making this request is not a bone fide Bap~en~'s Associatim, consisting of mostly~N. Y.S. licensed-clam and scallop harvesters". A point of view to be noted is the comment made by the President o£ the Riverhead Bay Conservation Association that "99% of his group's membershipgo clamming to pick up extra moaeyor put a nice dinner of clams on the table". Apparently the quoted "99%.hold steady jobs and are not committed commercial baymen. Thus, why not, for instance, has this "group" not titled itself.a"baymen's association"? The giving of consideration to an application of such important status by the DEC, who themselves have stated that they have been unable to establish a lease for any organization in the last ten years, would seem to be in very poor judgment. We sympathize with the Riverhead baymen in their plight in this instance regarding the clam problem. Let's not make this situation lead to a more explosive problem when the time again returns to the scallop season! This is in part a case of pro~ection for the incomes of our lo'al commercial Baymen. In short, please do not express your approval of this project. . Respectfully, souTHoLD TOWN BAYMEN'S ASSN.INC. /s/ Jarvis Verity~ President P.S. Please supply us with a copy of your response to the Riverhead organization making the request for your help. The Board of Town Trustees reviewed this matter and the recommendations of the Southold Town Baymen's Assn. The Board sympathizes with the problem confronting this organization but feel the clams should be put in an area that does not conflict with scalloping. The Southold Town Baymen's Assn. feels that .the area is too large and should be cut down. In the discussion with the Baymen's Assn. the Town Trustees concur with their thinking. On motion made by Trustee Hataier, seconded by Trustee Harris, it was RESOLVED to approve the application of S~m Ganshaw to place buoy off private right-of-wayat Deep Hole Creek suoject to the applicant using a conventional mushroom anchor. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh 353 On motion made by Trustee Hataier, seconded by Trustee Harris, it was RESOLVED' to.approve the application of Warren P. Horton to place offshore stake off. bUlF~eadat public ~roperty at Guli Pond. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh The Bay Constable will be requested to number thespi!es at the public property at Gull Pond. On motion made by Trustee Stoutenburgh, seconded-by Trustee Hataier, it was RESOLVED to approve the application of Edward L. Betz to place mushroom mooring off public property at Little Creek with the conditions that he will be responsible for not being in the way of anyone else and at no time will the boat swing into the channel. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh On motion made by.Trustee Stoutenburgh, seconded by Trustee Harris, it was RESOLVED to approve the application of William E. Bond to place offshore stake with pulley line to onshore stake at Narrow River leased property if there is room available. Vote of the Board: Ayes: Horton, HarriS, Hataier, Nickles Stoutenburgh On motion made by Trustee Stoutenburgh~ seconded by Trustee Hataier, it was RESOLVED to approve the application of William Cole~ Jr. to place offshore mooring off private property of the applicant at Goose Creek subject to the condition that at no time will the boat be allowed to swinginto the chaDnae!. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh On motion made by Trustee Stoutenburgh, seconded by Trustee Harris., it was RESOLVED to approve the application of George Kendail~to place ~mushroom mooring of£ public property at Mattituck Creek with access by inflatable dinghy with the condition that theboat will not interfere with any otherboats moored in that location and will not at any time swing into the channel. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh On motion made by Trustee Hataier, seconded by Trustee Harris, it was · RESOLVED to approve the application of Mildred I. Filardi to place floating dock off private property of the applicant at Town Creek. Vote of the' Board~: Ayes: Horton, Harris,'Hataier, Nickles Stoutenburgh On motion made by Trustee Stoutenburgh, seconded by Trustee Hataier, it was RESOLVED to recommend to the Southold Town Board approval of Wetland Application #38 of Thomas E. Fox to fill back yard marsh area at private property of the applicant with the following conditions. 1. The filling should not go further ttian the existing fence. 2. The fill be retained by a suitable structure. 3. 'No additional fill be placed in the future. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles Stoutenburgh The previously approved application of William and Rita Hilton to place a dock in Long Creek was reviewed. The DEC has stated that they must have approximately 175 feet of elevated catwalk. The Hiltons will be informed that this is not in the jurisdiction of the Board of Town Trustees and the matter will be referred to the building inspector for his determination. Trustee Hataier made a motion, seconded by Trustee Nickles and carried to approve the renewal of the following permits for the month of July subject to receipt of the S5.OOrenewal fee. 355 Geraldine Berge John J. Bondarchuk John A. Citera Ralph F. Crocker William E. DeBruin Jeseph P. Getches Herbert Greenfield Stanley Grzesik Rosalie Lahmar~a Otto Macomber Norman McCook Maritk~ Schmitt Jane T. Taggart Michael F. Zukas Dolores E. F. Brady Fred R. Bruch Anna Hataier Anthony R. Izzo Alexander LeDonne Jerome B. Lewin William Pappas Donald B. Rose George Santis Joseph F. Smulcheski Achilles Stachtiaris John E. Stimmel Conrad Volinski Michael Zukas David P. MoOre Burke E. Liburt Trustee Harris directed the clerk to write to Wes Bednosky and instructed him to remove his boat ~nd stake immediately from the Narrow River location. There being no further.business to come before the board, ~Trustee Hataier made a motion, seconded by Trustee Nickles and carried to adjourn the meeting. Meeting adjourned at 10:30 p.m. Respectfully submitted~ Muriel Brush, Clerk