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HomeMy WebLinkAboutTR-07/17/1967MEETING OF JULY 17, 1967 The Southold Town Trustees met at the Town Clerk Office, Southold, N.Y. on Monday, July 17, 1967, at 7:30 P.M. Present: Frank Dawson, John F. McNulty, Sr., Douglas Robertson, Alvah B. Goldsmith and Marion Regent, Secretary. The minutes of the meeting of June 12, 1967 were read and approved. Mr. Henry G. Stenson of Mattituck, New York, appeared before the Board to discuss the situation at the Mattituck Inlet Marina and Shipyard directly across the creek from his property. The Board had visited this Marina previous to the meeting and will ask the owners to submit an application showing the proposed improvements and changes. After a discussion on the Lauqhinq Water bridqe which has been erected in Corey Creek, the following letter was sent to Mr. VanTaggert, Pres- ident of the Association: Dear Mr. VanTaggert; We were informed that the Laughing Water Property Owner's Assoc- iation intends to put electric controls on the new bridge, which is to be left open except when being used by pedestrians. Will you please advise us when t~is de~ce will be installed as we.~ha~ had/~2c~several inquiries pertaining tOtrulythis. yours, The question of how much to charge Mr. William Beebe for the fill pumped on his property behind dykes which he erected on the easterly side of Eugene's Creek was discussed. In order to determine the amount of fill accurately, a letter was sent to Mr. Barney Evans, Department of Public Works, Yaphank, N.Y. asking for this information. The following letter was sent to the Oyster Ponds Rod and Gun Club in answer to their request for the status on their application to dredge a channel in Hallock's Bay-Narrow River, Orient, N.Y.: Gentlemen; We have your letter of June 6, 1967 and a copy of the letter from Supervisor Lester M. Albertson, dated June 13, 1967. The Board of Trustees has temporarily tabled the application of your organization pending 1.) The results of a preliminary survey by the county engineers to determine the conditions that would be encountered and the extent of disposal areas on the state park side that might be available to take the fill, and 2.) The outcome of the study being conducted by the various universities in the Goose Creek Area as to the results of dredging on the ecology of the area. As sson as this information is submitted and studied, the Board will advise you of the results. Very truly yours, Application of Karl & Helen Dimig of Beebe Drive, Cutchogue, N.Y. to build a small dock on the man-made canal on the property of William Beebe was waved in view of the particular conditions in that area. LALII~HINI~ WATER PROPERTY OWNERS A~BSN., INn. SOUTHnLO, N. ¥. 119'71 July 22, 1967 Board of Town Trustees Town of Southold Suffolk County, N.Y. Att: Mr. Alvah B. Goldsmith, President Dear Sir: In reply to your letter of July 19, we wish to advise that the electric controls for our bridge have been ordered and as soon as they are received they will be installed for the convenience of our boat owners. We expect that the work will be accomplished some time this coming week. We are sorry for any inconvenience this may have caused. Very truly yours, Van Taggart, President vt/mrc July 8, ~.968 Shanley & McKegney Counselors at Law 233 Broadway New York, N.Y. lO00? Deer ~4r. McKegneyl · ecauee of the excellent manner in which your firm represented the Nassau Point Property Owners Association in the protest of the dredging operations is now writing to find out if you would be interested in representing =hem in a problem arieing from dredging operations in nee=by Co=ay Creek, $outhold, L.X., N.Y. In brief, we are planning ~ initiate court action against a property owner adjacent to the waters of Co=ay Creek due to the fact that shortly a~ter the dredging, this dredged materiel was bulldozed back into the creek with the result that this property owner has acquired, through illicit means, about two acres of lend. The Board of Truetees has served no=ice that this property owner must red=edge the materiel back to · certain boundary line at his own expense. This he has refused to do and the Board of True=eec feels it must go to court in =he matter to obtain re- sults. Would you be kind enough to reply at your earliest convenience. Very truly yours, 8outhold Town Truste6e Mrs. Marion A. Regent, Sec. Mrs. Marion A. Regent July 9, 1968 Page 2 7. Did the Town Trustees either expres~y or impliedly give permission to the owner to bulldoze the dredged material back into the creek or are they guilty of any Conduct which could be con- strued as granting permission? 8. Is there in existence or could there be obtained a survey showing the conditions which existed previous to the bulldoz- ing operation and the conditions which presently exist? As soon as you are able to furnish me with the foregoing I would like to confer with someone with an accurate knowledge of the facts and would also wish to make a personal, physicsl inspection as I would want to be absolutely certain that any allegations in papers to be prepared would be absolutely correct a~d beyond dispute. If the facts are as I suspect from the contents of your letter, it seems to me that the property owner apparently arranged with the dredger to have the spoil placed on his land with the dis- closed or undisclosed intention of doing Just what he did in order to extend his property line, obtain 2 acres of land from material (spoi1% that belongs to the Town Trustees and placing it on top of property (bed of creed) which also belongs to the Town Trustees sll in viola- tion of the rights of the property owners for whom the Town Trustees hold in trust. We will awstt your reply. Very truly yours, Osborne A. McKegne¥ OAM: im SHANLEY & Mc KEGNEY COUN.~ELOR~ AT LAW July 9, 1968 Board of Town Trustees Town of Southold Suffolk County, New York Att: Mrs. Marion A. Regent Re: Corey Creek Dredging Problem Dear Mrs. Regent: This will acknowledge receipt of your latter of July 8th in the above matter. We will be pleased to represent the Town Trustees provided that in our opinion the Town Trustees would have a reasonable probability of success. It will be necessary for you to furnish us with m~re facts than appear in your letter. Will you be good enough to send us more detailed information with respect to the following: 1. Who conducted the dredging operations in Corey Creek? 2. Under what authority? 3. Was it necessary to have s permit from the army engineers and if so, did the dredger have such e permit? 4. Was it necessary to have a permit from the Town Trustees and if so, did the dredger have such a permit? 5. If the dredged material or spoil was deposited on the property owner's land, did he give permission for such deposit? 6. When the dredged material was bulldozed back into the creek, did the Town Trustees know of the operation and if so, why didn't they stop it? The following permits for stakes were granted: Nicholas Rubat - 1 stake - Town Creek, Southold, - $.50 John A. Wolfteich - 1 stake - Town Cree~, Southold, $.50 Application of Alfred Melchione and Helen Melchione for four moorings and a dock 29' x 3' in Goose Creek in front of their property was granted. Fee $12.00. Application of Richmrd Redden for a mooring, a dock 50' x 5' and two stone jettysjin Goose Creek in front of their property was granted. Fee $25.50. ~ Application of Robert Duane Horton to build a dock 40' x 15' in Richmond Creek, Peconic, in front of his property was granted. Fee $27.50. ;.~}' '~' Application of Dillaye D. Kruse to build a dock 20' x 3' in M~ Creek, Cutchogue, in front of his property was granted. Fee $10.00. ~ The following resolution was adopted unanimously by the Trustees: RESOLVED: That the Southold Town Trustees require that Mr. William Victoria proceed without delay to remove from the town waters of Corey Creek, Southold, all that fill beyond the boundaries contained in the following description and in the manner outlined therein:- BEGINNING at a point on the boundary line between land of William Victoria and land of Koke Estate, said point ~eing 1038.77 feet south- westerly along said line from the southwesterly line of Main Bayview Road; running thence southeasterly on a line at right angles to said boundary line 200 feet; thence deflecting to the left sixty degrees (60?) and running northeasterly about 530 feet to the westerly side of a boat basin the last two courses above described to define ordinary high water mark following necessary dredging and filling, which process shall result in a normal slope of the beach line, leaving a depth of about 1½' of water along the line of the existing high water mark. A letter was sent to Mr. Victoria containing the resolution, the descrip- tion and a map which was prepared by Robert A. Kart, Land Surveyor, showing the high water mark on August 29, 1962 and the high water mark on August 17, 1966, asking Mr. Victoria to advise the Trustees prior to the next Trustee Meeting of August 7, 1967, of his intention to comply with this request. Copies of the letter, together with description, resol- ution and map were forwarded to the Southold Town Board, Planning Board, Attorney Robert Tasker and Attorney Arthur Lundberg. Adjournment was at 10:30 P.M. ~ ru/~ 1~' ToRe%~ge~rt 'u s~ e tar Y