HomeMy WebLinkAboutTR-05/14/1973-SBOARD OF SOUTHOLD TOWN TRUSTEES
SPECIAL MEETING
· -~ ~- May 14~ 1973
A special meeting of the Board of Southold Town,TruStees was held
at 9:00 A~M.., Monday, May .14, 19-73 at.the.'TOwn"Clerk's Office, Main
Road, South61d, NeW York, With the following preseht:
- - - Alvah~ B. Goldsmith~ Chairm~n
Deuglas'-M.~ Robertson ....
- - Philip G. Horton ~ - ........
-Rudolph Johnson .
Frederick E. Gordon
Judith T. Boken, Secretary
The Board thoroughly discussed proposed letters to J. J. Spagnoli of
the New York State Department of Environmental Conservation, and to
Thomas Sam~es, President of Jam~s H. -Rambo, INC.-- -~
On motion of Mr. Robertson, seconded by Mr. G6rdon, it was
RESOLVED that'~the following letter be forwarded to John J. Spagnoli,
Loca~'Permit Agent~- New York Stat~ Department~of.Environmental
ConServatiOn, Buildings%40, State University of NeW York, Stony
Bro~k, New York:
"It has come to our attention that work being done for Mr.
Julius Juttner of Mattit~C'~, ~ew"'¥erk,by James~H. Rambo, Inc.,
has been brought to a halt by Mt. David Hurley~ a representative
of your Department.
We regret to learn that this drastic action has been taken
against Rambo, Inc. without being informed of the nature of the
complaint in detail. This Board has ~ranted to Mr. Juttner a
perfectly valid permit, authorizing him to accomplish a specified
project within the jurisdiction of this Board~.--w~iCh-~s a lawful
department of local government, created by patent law, and affirmed
by New~Y0~k'~,S%ate .Law-~t subsequent times~
Since our joint goal-seems~%o..be~much.the same - in protecting
the natural resources of our lo6aI heritage - we-would welcome the
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opportunity to discuss with you at the earliest opportunity any
differences of opinion or misundersta'ndings which may tend to
obstruct our mutual efforts in this area.
Kindly let us know, if you would be able to attend a special
meeting of the Boar~_~gf Town'~st99si,_to b%_/~Qnv~ned here at the
Town Clerk's Office in Southold, at a date to be set by you; or
any other means which would~being ~.~together for such a discussion."
Vote of the Board: Ayes: Mrl Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
On motion of Mr. Johhson, seconded by Mr. Horton, it was
RESOLVED that the following letter be sent to Dr. Thomas Samuels,
President, James H. Rambo, Inc., Wunneweta Road, Nassau Point,
Cutchogue~. ~ew~York: ~ .~ ~ ~ ' '~ ' '~ ~
~'!At · ~ ~
~ . our regu!ar~ meeting on~ay 8th, we ~o~ed with-~gra~e concern
your report that .the wgrk %n progress for Mrs. Julius Juttner under
our Permit No. 772 had been ~rought to a hal~, under threat ~
criminal legal action, by a.~representa~ive'of the Department of
Environmental Conservation. ~e can a~so appreciate the confusion
which may now exist in your formulation ~of what procedure to follow
in resolving ~is problem.
"In reply to your queries and perhaps to clarify your position
and future direction in this matter, we beg to offer the following
indisputable facts:
(1) The authority 0f.~he~B~ar~of Sgu~h9t~'~T°~Tru~tees .
stems from the Andros Patent granted to the Town of
Southg~d i~ !~76; .con~m~d in thc N~W Yo~k ~ta~e
Cons. titu~Qn~when originally adopted; organized and
~estabtished in its present form by act of Legislature
. ~n 1893; ~and~e-~f~m~d-by act~of Legislature as -late~
as 1952.
(2) The valid%~y~f ~he~per~ i~.~ue~ i~.as c~mple~e a~ .
~ . p~esen~ as !t~as~been ~ %he mQ~e~than 7.~0 permits
previously issued by this Board under_w~i.Q%~w~rk~has -~
been accomplished over this long span of years with-
(3)--The au%horit~grante~ tc~ ~his Board has bever been
~.- terminated or abrogated~within any~recent scope ~of
our knowledge.~ ....
(4) Although the pe~it has be~n~ issued to ~. JUt%ner~
we intend that it extend to any contractor employed
_.- .... by~Mr~ ~ Jutt~er act%ng .as .his agent in ~carry%n~ Qut
the ~specifics~of the permit-~
Until we are informed to the contrary either by direct
communication from the Department of.EnvSr0nmenta1 Conservation,
or from some other source such as a declaratory judgment, it is
the consensus of this Board that you as.wel~ as Mr. Juttner are
correctly authorized in our permit to proceed with the work as
specified.
At the time of this reply, we do not know upon what grounds,
or to what extent, the Department of Environmental Conservation
has ordered you to desist in this work, but we are currently ~n
the process of trying to arrange a meeting with the District
Director for this region to de~ermine the nature of the problem
involved."
Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton,
Mr. Johnson, Mr. Gordon.
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Meeting adjourned at 9:40 A.M.
Secretary