HomeMy WebLinkAboutTR-05/03/19772&7
May 3, 19~7]
A regular meeting of the Board of Town Trustees'was held at'
7:30 p.m., Tuesday, May 3, 1977 at the Town H~tl, Main R°ad,
Southold.. This is the..first meeting that the Trustees held in the
new ~Town Hall. Presen~ were:
Alvah B. Goldsmith, Chairman
Douglas Robertson, Trustee
$oseph Ha~aier, Trustee
~ ~ Trustee
Trustee
Paul North Fork Environmental Council'
. L, I. Traveler-Watchman
Chairman Goldsmith called the.meeting, to order at 7:45 p.m.~
On motion made by Mr. Horton, seconded by Mr. Hataier, ~i% was
RESOLVED Ghat the application of Charles Sidorowicz for au
offshore mooring consisting of a 50 lb. mushroom with chain and
buoy next to his present mooring be denied because of the
congestion in Mattituck Creek~in the area of Westphalia Road aud
Route 27A with the summer traffic of sailboats and other boats
in the ~mmediate area. Boat can be tied on aft side of present mooring.
Vote of the Board: Ayes: Goldsmith, Robertson, Hataier, Bird
and Horton.
On motion made by Mr._.Horton, seconded by Mr. Hataier, it was
RESOLVED that any further applications for offshore moorings
in the immediate vicinity of Westphalia Avenue and Route 27A in
MattituCk Creek be denied because of the congestion in the area
with s~m~er traffic of sailboats and other boats.
.Vote of the Board:
8nd Horton.
Ayes: Gold~ith, Robertson,
Hataier. Bird
On motion made by Mr. Hataier, seconded by Mr. Bird, it was
RESOLVED that Evert S, Bergen'S application for an offshore
mooring consisting of a 150 lb. mushroom with 3/8 inch chain with
pick up mooring buoy in East Creek, Cutchogue, be granted.
Vote of the Board: ~yes: Goldsmith, Robertson, Hataier, Bird
and Horton.
' 2/+8
On motion· made' by Mr. Horton, seconded By Mr. Bird, it was
RESOLVED to approve the application of Emil Sbernini for
an Offshore mooring consisting of a 75 lb. mushroom anchprin
Ayes: Goldsmith, Robertson, Hataier, BiTM
Richmond Creek.
Vote of the·Board:
and Horton
On motion made by Mr. Robertson, seconded by Mr- Bird, it was
RESOLVED to approve the. application o~Willi'am Gdirk to
construOt a floating dock in front of appl~a~t's propertyat
Goose Creek, Southold.
Vot~ Of the Board: Ayes: Goldsmith, Robertson, Hataier, Bird
and Horton ~ ~ '~'~
On motion madebyMr. H0rton, secondedbyMr. Hataier, it was·
RESOLVED to ~prove the' application 'of Gustave Weidman ' ''
for a catwalk, r~mp and floating dock in front of applicant's .~-
property at Richmond Creek, Peconic.
Ayes: Goldsmi~, Robertson, Hataier, Bird
Vote of the Board:
and Horton
The application of Clara BOerkne.s to dredge'alongside
floating dock silted in by tidal action and storms was tabled
for more information as tot where the spoil will go and. the amount
of material to be dredged. · ·
On m~tion made by Mr. Robertson, seconded by mr.-Hot, ton, it was
RESOLVED to approve the application of the Suffolk County
Department of Public Works to remove two sunken hulks at Budds
Pond'as shown in drawings included with the application.
Ayes: Goldsmith, Roberts0n,..Hataier, Bird
Vote of the Board:
and Horton
On motion made by Mr. Bird, seconded by Mr. Robertson, it was
RESOLVED to approve the application of Mary Wallraff for
existing two offshore stakes at James Creek in front of property
of the applicant, said mooring already approved for former owner,
David A. Mills.
Vote of the Board: Ayes: Goldsmith, Robertson, Hataier, Bird
and Horton
249
On~-m6tion made byMr. H0~ton, seconded by Mr. Bird, it was
RESOLVED to recommend to the Southold Town Board approval of
the Wetlands Application #29 as submitted by C. P. F. Land Corp.'
subject to legend being plac'ed on the subdivision map of "Blue .
Horizons'~'stating~the following as agreedupon by the deVelopers.
No residential construction to be permitted On lots 23, 24,
25, 28, 29, 31,'and 32until house plans and individual plot grading
plans have beensubmitted t0, and'approved for construction,~by the
ToE of. Southold Conservation Advisory~Council or its successors
or assignee.
Vote of ~the Board: Ayes: Goldsmith, Robertson, Hataier., Bird
and Horton
On motion made byMr. Horton, Seconded by Mr. Bi~d,~it'was
RESOLVED to~approve the application 0£ Fred'~W. Kart £or a
Danforth ~.2aor mooring from public property.at Corey Creek. The
mooring is~-to~ be placedso that it will in no way restrict
navigation in the channel. . . ·
Vote of the Board: Ayes: Goldsmith, Robertson, Hatai~r, Bird
and Horton
The application of David J. Zazeski was tabled until next
meeting as the information requested has not yet been received.
There was discussion about enforcing the placement of names
and numbers on mooring stakes. Of particular concern was the area
on. Westphalia and Route 27A ~at Mattituck Creek.
On motion made b~ Mr. ~Hataier, ~econded: by' Mr. RoBertson,~' ~t: was
RESOLVED to deny the applicatiOn of P~ter Bogovic to place
four pilings in Jockey Creek as the Board of Southold Tov~ Trustees
does not feel-this is a'safe place for a .mooring, it would create
a hazard to navigation and a hazard~to~the~Craft because of the
strong ~ides from under the bridge.
Vote of the Board: Ayes: Goldsmith, Robertson, Hataier, Bird
and Horton
On motion made'byMr. Hataisr, seconded by Mr. Bird, it was
RESOLVED to approve the application of Gloria Simon for a
floating dock in Cedar Beach Creek in front of applicant's property.
'25O
Vote:of the ~oard. Ay s: Goldsmith, Robertson, Hatai~r, Bird
and Horton
On motion made by Mr,:Horton, seconded by Mr. Birdj--it was
RESOLV~.D that upon'request of the Tow~Board, the Board of
Southotd Town.Trustees hereby closes Town Creek, Southold, .for
the'purposes of".taking clams for the period May l0 to June.lO,
197?ii-in order to implement a clam seeding program by the Town
of Southold, and it was further
RESOLVED that the request of the Town Board that the Board
of Southold Town Trustees close Dam Pond, East Marion, be tabled
until such time as title to the creek bottom is ascertained, such
being claimed by Robert W. Gillispie,.Jr., Attorney-in-fact for
Marion S.'GilliSpie in letter dated ~uly 18, 1975. Marion S.
. Gillispie~claimed .ownership of the creek bottom in. Dam Pond as out-
lined on a map enclosed with th& letter. 'This matter was taken up
with the Town Attorney, Robert Tasker, by-letter from the Board of
Southold Town' Trustees dated. August 5, 1975, copy.of ~hich is'~
attached;'and the-op~ion~6f-the Town Attorneywas Qontained.in
letter of"N0vember3~ i975~ copy 6f which isalso attached,' These
indicate that the Board of Southold Town Trustees has no juris-
diction in the area of Dam Pond. It,.there£ore, becomes~a
question as to whether or not the Town or the public has a righ~
to seed clams in privately owned property. A determination of
this ctaimwould seem to be called:~for before any seeding operation
is performed in the questioned area. Other lands on Dam Pond have
not been so.proclaimed and the Board of Town Trustees approve of
the planting of clams and the restriction Of clamming from May
l0 to June I0, 1977 in those other waters.
Vote of the Board: Ayes: Goldsmith, Robertson, Hataier, Bird
andHorton.
Mr. Hortonmade a motion, seconded by Mr. Hataier and carried
that the minutes of the meeting of April 5, 1977 be approved.
Chairman Goldsmith declared the minutes accepted. '
Ths' next meeting of the Board of Southold Town Trustees will
be held June 7, 1977. Motion was made by Mr. Bird, seconded by
Mr. Horton and carried that the meeting be adjourned. Meeting
was adjourned at 9:15 p.m.
Respectfully submitted,
Muriel Brush, Secretary
ROBERT W. BILLISPIE, '~.
BOX
EAST MARION, L. !., N.Y. 11939
July 18 1975
Board of Trustees
Town of Southold
SoutholdNeW York 11971
Gentlemen:
We have recently learned that one or more
permits for on-shore/off-shore moorings have been
granted in DamPond,East Marion in an area on the
north side of Route 25 and several hundred feet east
of Dam Pond bridge.
Please be advised that the up-land contiguous
to Route 25 in the area of the permits is private
property owned by Marion S Gillispie and further
that the creek bottom in that area is also privately
owned by virtue of deeds of record.
We respectfully request therefore that permits
specifically granted to Percy Hommel (7/7/75) and to
William P Schott (8/6,/73) be rescinded,and that no
additional per-mits be granted over this private
property without permission of the owner of record.
_.~V~ry Trul~ Yo~s
Robert W Gillispie_?r
Attorney-in-fact ~or
Marion S Gillispie
~TE: A copy of Van Tuyl Survey date September 20 1971
as amended is furnished herewith with approximate
westerly line sketched in in red pencil.
Telephone
516 - 765-~783
BOA p,
August 5, 1975
Robert Tasker, Esq.
Town Attorney
425 Main Street
Greenport, New York
Dear Mr. Tasker:
Enclosed herewith, please find copy of letter received
from Robert W. Gillispie, Jr., on date of July 19, 1975,
together with survey of subject property.
Please be advised that a resolution was passed bythe
Southold Town Trustees, at their regular meeting held on
August 4, 1975, to refer this matter to the Town Board and
Town Attorney for advice and reco_mmendations,
Please conduct an investigation into this matter',
at your earliest convenience, and send us a report of
your findings aud recommendations. The next meeting
of the Southold Tm~a Trustees will be hel.d on September
8, 1975.
Very truly yours,
Atvah B. Goldsmith, Chairman
Board of Southo!d Town Trustees
_t O/bn
RDBE:F~T W. 'IrASK.~I~
)RNEY
LD
4~-S MAIN
BF~EENpFIRT, L. I., N.Y. 11cJ44
November 3, 1975
?E LE:PHO N E
Mr. Alvah B. Goldsmith, Chairman
.Board of Southold Town Trustees
Town Clerk's Building
Southold, New York 11971
Re: Mooring Stakes at Dam Pond, East Marion
Dear Sir:
Sometime ago you wrote to me requesting an opinion with respect to the
authority of the Town Trustees to issue permits for mooring stakes along
the shore of Dam PondJ You had received a letter from Mr. Gillispie
whose family assert title to the lands in question.
It is my understanding that the Trustees contemplate issuing permits to
persons to place stakes along the shore (an possibly offshore) at Dam Pond.
I believe that it is unquestioned that the Gillispie family has title to the lands
along the shoreline and in the absence of any consent or permission I do not
believe that the Trustees would have authority to issue.permits for the
placing of stakes or piles on private property.
Yours very truly,
ROBERT W. TASK~R
RWT: MY