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TR-06/04/1973
76 ~4 I N U T E -BOARD OF SOUTHOLD TOWN TRUSTEES Meeting of June 4~ 1973 - ri A regular-meeting of the Board'~f S~ut'h-old'Town Trustees was held at 7:30 P.M., ~n~ay, June 4, 1973 at the Town Board meeting room, 16 South Street, Greenport, New York, with the following present: Alvah B'~'~Goldsmith, Chairma~~ Douglas M. Robertson ~'- - ~ Philip G. Horton Rudolph Johnson Frederick E. Go~don Judith T. Boken, Secretary Also present; Mrs. Evelyn S. Gordon representing the North Fork Taxpayers Association. A large delegation of residents from the Bay View Avenue and Shore Acres area, Mattituck, appeared to protest the temporary permit issued to Edward Hallahan, Depot Lane, Cutchogue, for permission to place a 6 ft. by 32 ft. floating dock and 3 ft. by 64 ft. floating ramp and 4 mooring pitss in.Mattituck Creek at the foot of Bay View Avenue, Mattituck. ~ Letters of protest were received from: Mrs. Gustave Kimmins, Box 518, Mattituck Mr. & Mrs. Louis A. Ziegler, Bay View Ave., Mattituck Mrs. R. H. Bassford, Box 465, Mattituck Eunice R. Butt~worth, Box 674, Mattituck Mr. & Mrs. Michael Schulam (across the inlet),Mattituck Moward L. & Ireme M. Wells, Shore Acres, Mattituck Mrs. L. Patricia Lesnikowski, Inlet Haven, Mattituck Elizabeth Uhlemann, Shore Acres, Mattituck. Mr. Goldsmith explained to those present that he had spoken with Mr. Hallahan on the second day he started work on his float and ramp, and Mr. Hallahan stated he ~ad heard of the objections and would stop work and remove the dock and float and would look for another location, as he did not want to cause a disturbance in the area if the residents objected. Mr. William Smith, Mr. Louis Ziegler and Mrs. Howard Wells all spoke in opposition, ~uestioning the use for commercial purposes, blockage of the water at the entire road end, responsibility if injury occurs, Town and State jurisdiction, and time allowable for removal of the dock and ramp. 77 Everyone having had an opportunity to speak, Mr. Goldsmith thanked them for coming and expressing their interest in this matter On motion of Mr. Morton, seconded by'Mr.~ Johnson, it was RESOLVED that Temporary Permit No. 867 dated April 2, ~73, issued to Edward Hallahan, Depot ~ae, Cutchogue, New York, for permission to place a 6 ft. by 32 ft. floating dock, 3 ft. by 64 ft. floa~ing ramp, and four mooring pile,s in Mattituck Creek at the foot of Bay View Avenue, Matt'ituck, New York, be and hereby is rescinded, as this structure would cause an undue hardship to residents in the area, many of whom have deeded rights tO the beach at this location. It is further RESOLVED that any construction which has been started on this dock and ramp must be removed completely by June' 18,~ 1973.** Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Morton, Mr. Johnson, Mr. Gordon. **A refund of $37.40 be sent to Mr. Hallahan. ($42.40 permit feel, less $5.00 filing fee.) Mr. Norbert-Rademacher appeared before:the,Board to discuss his application for four moorings at Goose~reek, Goose Bay~Estates,~ Southold. On motion of Mr. Gordon, seconded by Mr. Roberts~n, it was RES0L~ED that Norbert Rademacher, 85-25 66th Road, Rego Park, New York be granted permission to place two offshore mushroom . moorings, one offshore stake, and one hnshore-offshore mooring in Goose Creek, in front of his property on Oak Avenue, Goose Bay Estates, Southold, New York (two of the moorings to be ~5 and ~6- on the Go®se Bay Civic Association Map), all in accordance with the detailed~specifications as presented in the~originating application. Fee $5.00. Vote or-the Town Board:~Ayes: ~? 'Goldsmith, ~Mr~.Robertson, ~r. Horton, Mr J~.Johnson,.Mr.?Gordon .... ~ · .... On motion of Mr. Morton, seconded by Mr. Johnson, it was RESOLVED that Robert J. Melchione, 14 Spencer Way, Kings'.Park, New.'¥ork~ ~nd~A~red£~elch~one, ~655 ~ummel.~Ave~ue, South~ld~ be granted permission to enlarge existing'.dock from 20 ft. ~by 3 ft. to36~ ft. by~2~.ft~,~'and ptace.an-Ons~ore-offshore ~oOring and Offshore m~shr~om~mo~ring in G~0se~Cr~ek, in front of their property~on~Oa~Avenuep Goose Ba,y.Estates, SQuthold, New.York, all in accorda~ce.w~th~the3detailed--s~peciflcatio~s as presented in the originating application. Fee:Moorings $5.00, Dock $9.00. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. The Secretary was instructed ,to send a letter-to the Goose Bay Civic,~s~sociatio~, ~'Inc. ~i~formi, n~_t~e~ o~ t~e new mooring ~e~mits issuedain their ~rea. ~ The next application to come ~efore the Board was that of Joseph p. Ulrich, Main Road, Southo~d, -for~permissio~ to co~struct~ine floating 78 docks (8 - 26 ft. by 2 ft., and 1 - 22 ft. by 24 ft.) equalling four double and one single dock with nine pilings in Jockey Creek, off Main Road, Southold. Mr. Goldsmith withdrew from the Board during any discussion ~rdecision on this.appliCation. Formal~protests to this application were made to the Secretary prior to the meeting by: Raymond Terry, Jockey Creek Drive, Southold John Simeoni, JoCkey Cresk Drive, Southold Albert Brandsema, Jockey Creek.Drive, S~uthold Roger DeMott, Jockey Creek Drive, S©uthold Mr. Robertson explained that four members of the Board ( Mr. Robertson, Mr..~Hor~on,. Mr. Johnson, Mr. Gordon)~had been to the s~Lte 'and ~nvestigated the application, and feel the only question is whether or not the application will conform with what exists there now, and will not.interfere with people across~the creek. Three of the docks are.¢ompleteTy within the boundary lines of Mr. Ulrich's property. Mr. Robertson then-asked if anyone wished to_speak in favor or protest against the application.,.Mr~ Ul.rich. appea~red to speak for the~application. -- Mr. Raymond Terry and ~r. Ellis Terry spoke%in opposition to it. Mr. Raymond Terry stated that in the past property owners on the opposite side of. Jockey Creek had been asked to keep their docks parallel to the shore line, and he feels they would be discriminated agains~ if Mr. Ulrich ~s allowed to put the finger piers perpendicular. ~(Mr. Terry was advised that this had been a request of the Board of Trustees but not made a part of,the p~rmit. He was further advised that the length of his ramp, which is perpendicular, and'.dock, which is parallel~ is almost the same length as Mr. Ulrich's finger piers. After- further discussion a~d examination of the overlay map prepared by Mr. Roberts~n, showing~he~.ordinary..high water mark of November 1956 and April 196~, center line of the original gutter an~Jockey.Creek April 1964, property lines of Joseph Ulrich in July. 1972, waters edge and existing docks July 1972 and proposed docks May 1973, the application was tabled for further discussion by the Board later in the evening.- On motion of Mr. Horton, seconded by Mr. Gordon, it was RESOLVED that a letter be sent to the Jockey Creek Property O~er's ASsociation (by agreement of, May~25~, !96~.)., c/o. Raymond, Terry, stating that the Board of Southold Town Trustees are in favor of approving the application of Joseph P. Ulrich for construction of nine floating finger docks and will hold further action until the next Trustee meeting in July. 79 Vote of the Board: Aye-s: Mr. Rober-tson~, M~ Hor-ton, Mr. John~son, Mr. Gordon. .... Mr. Goldsmith not voting. ~ - Mr. Gordo~n Mac.far~ane,, Chairman of the. Conservation Committee of the North Fork audubon Society, ~,Ma.ttituck~ Ne~¥~rk;.-read the following letter to the-Board: "~Ge~tlemeR: North ~erk.~Audubon ~So¢iety~, a chapte~ of the National~Audubon~Society, has-observed with alarm certain construction taking place on the property of o~ James Gray on Nassau Point. We have enquired at. your.office in Southold and learned ~f a permit issued ~!ast,~o~ember ~to bui.ld a-bulkhead 125' ,in length with 12' return on ~e seuth~end~ his property, on ~h~lagoon~ff Bridge Lane, and to dredge an area 30' in length by 125' in width in front of said bulkhead, and place 400,cubic~yards o~ fitly'behind the bulkhead. Permit was issued to Ratph~T~ ~reston~a/c Gray~' "Several members o,f our chapter have wisited this site, from the land side and from Peconic Bay, entering the lagoon through the inlets. These visits~were made 0n a~'leas% four occasions between May 25 and May 29, ~bserving thebulkhead~ construction~ and the results of recent dredging. It is obvious that some dredging has taken, place~that was not specified.~in the permit: placing,~an~umm~asured~ quantity of~spo~l on the east side of the~ dredgedarea, covering approximately 50' by 20' of wetlands. This is in disregard of our Town Wetlands Ordinance and should have been recognized as such by an experienced contractor. 'We know that you are determined to protedt the environment, particularty~.the-remainin~.wetlands of~Southold Town; they can not-be~replaced. ~Correetive~steps must~be-taken at,-this site~- and the owner and contractor remid~d~of the seriousness or-the- ~amage being caused. Mr. Terry of. the Building, Department~ has told us~that his office has learned of. the~situation,-and that orders ~ave<been give~ f0r~re~oving the dredged~materiat from the wetlands; we trust tha~ the contract will be scrupulously careful in-.~he, fut~re.~ ...... ~. "A copy of this statement is being forwarded to the Southold Town Board~and to, the New York State-Departmen~of~Environmental Conservation, Stony Brook, N.Y. - ........ "Sincerely yours, /s/ Gordon,Macfarlane, Chairman, Conservation Committee" Mr. Goldsmith advised Mr. Macfarlane that he has visited the site and the,~b~lkhead is- entire!y-~n the~.property of James~Gray;~- further~th~ fill that was placed illegally is the~e.'~emporari~y and will be~removed-as~soon~as possible~ The contracto~assured Mr. Goldsmith that there is no intention to,lilt wetlands,,. 8O A ~py~ofa l~'tt-er'~directed~t~6' HOward Terry, Building Inspector, Town of Southold, pertaining to this .matter, was received from Loraine S. Terry, President of the North Fork Environmental Councf~ In~., S0uth'old, ~N.Y.~ The letter re~d"~a~ foltows:- -?An~in~est~i~ti~h by.~ur organiz~t~Oh r~e~ls t~at a/b~lkhe~d is being constructed on "The Lagoon?~en"~asSau Po~n~,~-that'a~ Wetland~Pe'rm~i% i~ needed~ f~ said~Cons~c~ibh'~ that no-p~rmit has 'been giv~and~t~at~ thiS~is'~' 'vi~latibn~ of~th~ TOwn Wetlahd 0rdih~n~e .........................~ - ."If-our f~'t~ ar'~'correc~ We ~q~es~ ~ou~s%r~e the'offenders with a summons immediately. I thank'you for y0ur attent, ion. "Very tr~l~ ~ours~ /s/Lo~aih~ S~;~Terry,'P~e~ident.''~ ' Th~ ~611oWing Rppll~agi~nwas investigated~by the Board=and the followihg-d~cisi0n~.~ea~hed: ~- . On.~otibh~of~Mr.~Rob~rtso~~, sedonded by M~. Johnsoh, it was RESOLVED that Harold G. 'Baldwin, Bay Avenue, Mattituck, New York~'be~gr~hted ~rmi~sion"to-dredge an area 5'0 ft.'by 40 ftj,~' under ~hd ~ro~nd hi~ floa~ihg dodO, remov~ng-~'30~ ~ubic ~ard~o~~' fill,~ih froht Of his prOperty on Jam~ ~r~ek, off BayUA~eh~e, Mattith~k~ New York, 'Rll~ih acco~d~nce'with'the'dehail&d spehifica- tiOns as preseh%~d ink'the origin~tin~ application'. Fee $3~0.00[ VOte o~ the' Board: Ayes: Mr. GOlds~fth, Mr.~Robertsoh,'Mrf J0hhs0n, Mr..Ho~ton~~ Mr. 'Gbrd0n. The following letter was received from J. Harry Molitor, 32 Snug HarborcRoad~ Gr~en~0rt~- "Dear MrS~ Bok~n: 'Co~f~min~'~ou~ v~rbai coh~r~atioh on th~- subject'~of-mooring permits in'Gull Pond~and by subsequent'- talk- with~ Mr. Goldsmith~, I, suggested that perhaps it wo~ld be well to check the sgac~availabte'bef0re is~ui'Og~ore p~rmits'for that area. "Ail of the' waterfront property owners hate perm~its and some of the%Owners~ 0~ pro~e~'ty hO't on-%he ~aterfroht~ ~As a result the mooring spaee-avail~ble'is pretty welt taken-~p. "Meanwhile, thank you for your courtesy~nd' interest in'this matter. Sincerely, /s/ Harry Molitor, J. Harry Molitor." Mr.. Gordon~ advzsed the Board~ he wohld dheck %he'moOring sites in the Gull Pond area. Th~'.'feI10win~ n~ applidati~hs w~te~tudied; digcusb~d~,'and'are to be investigated by the Board and a decision made at the~next meeting: Willlam'-~A.~Smith, B~y View Avenue, Mattithck, New York, fo~ permission to place an offshore moerzng in Mattituck Creek-at the end, of.Bay Vie~ Avenue.~ The ~r~al placement of. the boat is not agreeable~to ~h~ Bo&rd. ' ................ 81 Richard Bird, Mattftuck, New York, for permission to place~an onshore~ffshore mooring in Mattituck Creek at the fo~t of Bay ~ View'Avenue. . Nikitas Ze~vos, 354 80th Street, Brooklyn, ~ew-York, for permission ~o p~ageia mushroom moorinq in Gull pond, Greenport.' ,(owner of Lot 5t, Osprey Nest Road,. Cleaves Point, Section~II, Greenport). ..Mitchell Rakowicz, Horton Lane, Southold, New York, for permission to place two onshore-offshore moorings at (i) foot of Pine ~Neck Road, Town Creek, and (2) off Minnehaha Boulevard, Corey Creek, Southold. Application incomplete, The fo'llowing new applications wer.~e~ S~u'di~d~'' d'i~.cussed, and approved: On motion of Mr..Horton, secon~ed_~by Mr. Johnson, it was RESOLVED that John Preston, 80 Corey Creek Lane, Southold, New York be granted Permission ,to place an offshore ~mushroom mooring in Corey Creek, off of Corey Creek Lane, Southold, New York, all · n accordance with the detailed specifications as presented in the originating application. Fee $5.00. Vote of. the Board: Ayes: Mr.-Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson,_Mr. Gordon. On motion of Mr. Horton, seconded by Mr. Gordon, it was. RESOLVED that Douglas Jacobs, South Harbor Road, Southold, New York, be granted permission to plsce an. offshore staks in Richmond Creek, at the foot of South Harbor Road, Southold, all in accordance with the detailed specifications as presented in the originating applica- tion. Fee $5.00 .... Vote of the Board: Ay~s:~ ~u~e~t~ith~ M~ Robert~on, Mr~ Horton, Mr~.Johnson, Mr. Gordon. ' ................ Moyed .by ~4r. ~ Gordon., seconded by ,Mr. ~obertson., 'it was. RESOLVED that William H. Bradford., Brown Street, Greenport,~ New -York, .be qraated ~ermission~ t~ .placp .one ~ns~ore-offshDre moor.lng in Narrow River, off Narrow River Road, Orient,-and one onshore- offshore mooring in Town Creek, at the foot of Pine Neck Road, Southold, all in accordance wit-h the detailed .s~ec~fications as presented in the originating application. Fee $5.00,- Vote ~of the-Board:. ~Ayes: Mr.,Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. Moved by Mr. RobertsoD, seconded by Mr. Gordon_, it was .RESOL~VED that. B. Loretta Vom ,Lehn, 2190 Minnehaha Boulevard, Southold, New York be granted permission to ~lace .an offshore mushroom mooring in~Corey Creek, off Minnehaha Boulevard, South01d, New York, all in accordance with the detailed specifications as presented in the originatihg application. Fee $5.00. Vote of'the Board:-. Ayes: Mr.~Go~d~mith,~M~. Robertson, Mr. Horton, Mr. Johnson, Mr~'Gordon. ~ee ,~ ~. 82 On m~'~iO~:0f Mr. ~H6rt0n,~-seco~ded'b~ Mr. Joh~Q~%it~was~ n RESOLVED-that Ralph Ff~ Hayden,~'I50 Oaq~ Avenue, Southold, New York, be granted ~e~porary permission to place offshore~moo~ings' (~36 and ~37 on Goose Bay Map) in front of his property on Goose cree~,-0ff Oak Avenue,. Sou~heid~ New~York, ~'a~l ~ acco~d~nce.~ith the detailed specifica6ions as presehted in'~the'~o~i~inating-~app~ica tioh~ '.Tb~s~permif iS-'subject %o~reasslgRment to-~upIand~owners if the space is needed. Fee $5.00. Mr~>j~h~s0~, ~r..Gordon.'~ ~ ~. a'~ ._ ~ ...... ' On motion of Mr. Gordon, seconded-~by>M~'.~'-Robertson, it was~, RESOLVED~that Charles W. Harris, Village Lane, Orient, be granted p~misSion t6 plaee an offshore~mushroom'mooring ~'ndah ~6nshore- offshore mooring in Narrow River, off Narrow River Road, Orient, New York,~:all in~ accordance-wi~h?th~ detailedZspedifi~ati0ns as pre'seated -in ~th% originating 'appticationq~ -F~e-. $~5.Del ' ~ ' vote ~of the~'~Board:~-mAyes:~ Mr.~G0idsmith; M~r~-''RObe~tsO~ M~ Horton, Mr'. Joh~n~o~; ~ ~r~. Gordon~ -3 .--~. _. ~ . z ~, - On motion of Mr. Robertson, seconded b~ Mr~J~hns~,? it'was: ~ P~c0ni% New York R~S~LVED tha't J~hh H.: Bed~t%; ~th~ian Neck La~e,- , be granted permzssion to place an offshore mushroom mooring-in Richmond Creek, off Indian Neck Lane, Peconic, New York, all in the accordance '~ith~the detai~d spe~-ific~ions~. ~-s :prese~ted~ . in~ ~. or~'g:ina~g:,a'~p~ica%~ion~ F~'~ $5.'~c0.-~ ~c ~-.' '. - Vote df'the::~Board~ ~'Ayes.-: .:~.c GoTdsmi~h/.~. R~rhso~,'~?:'Ho~.ton, Mr~ Joh~0n,~ Mr.-Gordon.~ .......... ~' ' :' '~ ~ ~: Moved by Mr. Horton, seconded by ~. Johnson, it ~was ~SOL~D that Cha~rles· Hoffm~'iS%~;~ C~%tt~W~'~an~, 'SOu~hold~b~~ granted permission to place an onshore-offshore mooring ~oose Creek at the foot of Crittens Lane, Southold, New York, all in accordanc6 Wi~ the'~de~aited~sp~cific'a~io~s as...presented m ~e or~ig'ina~in9 ap~lic~i-on. ~ee $5100.--~.. ~, ~Vo~e~of h~e ,Board:~,.Ayes: ~M~i'Sold~mith~M~. ~Robe~sOn., Mr., Horton, MrL Jo~hnson; M~i-~Go~ob~ "~ ~"~3' u ,~.- ..... '~, ~. On motion of Mr. Robertson, seconded b~'Mr~- Johns'on, it was'-' ~SOL~D that Robert Berks, H~lyoake Aveh~e, Orient, be gra~t~d per~iss'ion to pla~e a~ offshd~e mushroom' mooring 'ih Narrow River-, off Narrow River Road, Orient, New York, alt--in accbrdan:ce with the detailed specifications as presented in the originating application;'' F~ $5;'0~i- " .... ~ - " Vote Of ~he :Board:'- Ayes: '- Mr~ G~d~mith,: Mr~Rober~son-, 'M~2 o~:mo%i~n 6f M~r.- R-Obe~ts.On,- ~.conded,~y Mr; J6hns;on,i ~'t wa~ RESOLED that 'Joseph:'~. Ge~c~s, Oyster~ Pond Lane'-, Orien~',-be ~.ba.hted~pe~is~id~ tOZbuii~ a--fi~ed_doc~-~r walkway), 2 ~t. by 10 ft. on the property of John ~ut-hill, a~.~Orient,Creek~,.~ Orient, New York, with the permission of John Tuthill, ail in accordance with the detailed specifications as presented in 83 the originating application. Fee $5.00. Vo~e of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. P .... On motion of Mr. Horton, ~ec0nded by Mr~ Robert~h~'-'it was RESOLVED that Edward Robedee, 1935 Pine Tree Road, Cutchogue, New York be granted permission to build a 3 ft. by 10 ft. dock, 3 ft. by 10 ft. ramp, 5 ft. by 16 ft. float, with two pilings, in front of his property off Pine Tree Road, on Little Creek, Cutchogue, New York, all in accordance with the detailed specifications as presented in the originating application. Fee $16.00. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. On motion of Mr. Robertson, seconded by Mr. Horto'n, it was RESOLVED that a letter be sent to the Southold Town Board requesting authorization for the Board of Southold Town Trustees to hire an attorney to represent them. The Trustees=anticipate a possible need for an attorney in the not to distant future and would like to be prepared to call on one. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. On motion of Mr. Horton, seconded by Mr. Johnson, it was RESOLVED that the Board of Southo{d Town Trust~'es'request~p~rmission of the Southold Town Board to hold future ~rustee meetings at the Town Board meeting room, 16 South Street, Greenport. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. Moved by Mr. Robertson, seconded by ~ir. Horton, it was RESOLVED_that the Board of Southold Town Trustees adopt a policy whereby the applicant or his authorized representative must be present at the time his applicatzon comes before the Board. Failure to appear will result in tab~ing the applicat~n until someone can appear to speak on behalf of it. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. On motion of Mr. Morton, seconded by Mr. Robertson, it was RESOLVED that the May 7, 1973 ~inutes of the Board of Southold Town Trustees be approved as submitted. Vote of the Board: Ayes: Mr.. G01dSmith, Mr2~Robertson, Mr. Go~don, Mr. Johnson, Mr. Horton. On motion of Mr. Johnson, seconded by Mr. Gordon, it was RESOLVED that the next meeting ~of the Board of Southold Town Trustees ~11 be held at 7:30 P.M., Monday, July 2, 1973 at the Town Board meeting room, 16 South Street, Greenport, New York. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Morton, Mr. Johnson, Mr. Gordon. Meeting adjourned at 10:10 p.M. _ ~_ ~~..~--~~. ~J~d~th T. Boken, Secretary