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TR-10/01/1973
100 MINUTES BOARD OF SOUTHOLD TOWN TRUSTEES Meeting of October 1, 1973 A~ regular meeting Qf the Board of Southold Town. Trus~tees was held at 7:30 P.M., Monday, October 1, 1973 at the~Town Board meeting room, 16 South Street, Greenport, New York, with the following present: .. - Alvah B. Goldsmith, Chairman - Douglas M. Robertson Philip G, Horton - . - .. ,Rudolph Johnson Frederick E. Gordon .-Jud-~th.-T. Boken., Secretary '' Also present: Mrs. Evelyn S. Gordon, representing the North Fork Taxpayers~Association. ' ........ M.r. Charles~A'-'King, Mattituck, New York~ appeared before the Board to present his application to widen his existing dock. ~- · On'motion of Mr. Johnson, seconded,by Mr. Gordon, it was RESOLVED~-that Charles Av~King, Mill Road., Mattituck, New York be. granted permission to widen~his exzsting dockot0 ft.~ by 23 ft.-at Mill Road, on Mattituck Creek, Mattituck, New York, all in accord- ance with the detailed specifications as presented in the originating application. Fee:S5.00 (minimum). ' Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. The Board received a letter from the office of Wickham & Lark, advising that an error had been made in the description on a quit claim deed granted to Augustus C. Garelle on August 6, 1973, and submitting a corrected deed for the Board's approval. On motion of Mr. Gordon, seconded by Mr. Robertson, it was RESOLVED that the description on the quit claim deed granted to Augustus C. Garelle on August 61 1973 be amended to read as follows: ALL that certain plot, piece or parcel of land, situate, lyin~ and being at Mattituck, in the Town of Southold, 101 County of Suffolk and State of New York, bQunded and described as follows:- BEGINNING a~ a point on the ordinary high water mark of Mattituck Creek as found in 1947, marking the boundary~Iine between land of the party of the second part on the northwest and land of Fred D. Olmsteaj, Jr. on the southeast, said point being North 59© 31' 40" East 505 feet from a point on the northerly, side of Westphalia Road, said point marking the boundary between said,property of~.the party of the second par~=and ~ Fred D. Olmstead Jr.; from said point of beginning running thence North 59© 31' 40" East along said boundary .~line 300 feet more or less to ~he ordinary high water.mark of Mattituck Creek; running thence along said ordinary high water mark of Mattituck Creek northwesterly 180 fee~-more or less to land of the party Df the second part~; running thence along said land southerly and then southwesterly 330 feet more or less to. the point or place of-beginning, BEING~the~same premises as in deed from the party of the first part to the party of the second par t dated August 6, 1973 and recorded .in the Suffolk ~County Clerk's Office on August 28, 1973 in Liber 7475 cp 584, this being a correction de~d to properly describe the premises. Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mr. Johnson, Mr. Gordon. Mr. Charles Guioz, representing T. E. Samuels of James Rambo, Inc. appeared before the Board to present the application of Kimogener Point Association to butR~ead, dredge and fill. On motion of Mr. Horton, seconded by. Mr. Robertson./Ti~ wa~ RESOLVED that Kimo~ener Point Associatio~ be granted permission to constuct a bulkhead 75 ft. in length, including, returns, and dredge an area 50 ft. by 4 ft., and remove 35 cu. yards of fill and place it behind the bulkhead, at West Creek, south of New Suffolk Avenue, New Suffolk, New York~ all in accordance with the detailed specifications as presented-in the originating application. Fee $78.50 Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson~ Mr..Horton, Mr. Johnson, Mr. Gordon. The Board received application for a Wetland. Permit NQ. 12 ~bmitted by Eli Frumkin, from the Southold Town. Cler~.~.orequesting a~repor~ of findings and recomgeodations with respect to,this application. -- Mr. Frumkin was granted a ~permit to construct a~cat~alk, and float on his property at Howard Creek, Mattituck o~.September 6, 1R73, At that time the Trustees felt the additional catwalk on the owner's upland property would require a wetland applicatign~ i02 On motion of Mr. Robertson, seconded'by Mr. Horton, it.was RESOLVED that the Board of Southold Town Trustees-recommends the approval.~f Wetland Application No. 12 by Eli Frumkin~ for permission to build an open catwalk across the meadow at~.'his property on Cox Neck Road, (Howard Creek Branch of,Mattituck-Creek), Mattituck, New York. This-type of open construction has been urged by the Town Trustees in the past, prior to the passage of th~'Wetland Ordinance. It allows for the rise and fall of tide and will in noway interfere with the ecology of the area. Vote of the Board: Ayes: Mr~ Goldsmith, Mr.~Robartson, Mr. 5orton, Mr. Johnson, Mr. Gordon. Mr.'.Goldsmith advise~ the Board that he had met with Osborne A. McKegney, Counselor at Law in New York relativS to the new Wetland Law adopted by the State of'New York effective September 1, 1973, and f%s affect oh:~he Town Trustees.- As a resul% of the..meeting Mr. Goldsmith ~eceived a letter of reply which suggested that the Trustees might confer w~th the Attorney General for a determination as to their powers over the State Law, or, he suggested, ~he Trustees might wish to institute an action:to obtain a determination as to whether the new law is impinging on the rights of the Trustees under the Andros Patent. - The Board members were asked to study the new law and Mr. MdKegney's opinion, and Mr. Robertson was asked to seek further opinions on the matter. Qn.motion of Mr. R0bertson, seconded by Mr. Horton~ it was RESOLVED that on all future moorings and renewal moorinDs, the mooring number indicated on the permit must appear on the mooring and on the boat specified for that mooring. Vote of the Board: Ayes: M~. Goldsmith, Mr. Robertson, Mr. Hot, on, Mr. Johnson, Mr. Gordon. On motion of Mr. GordOn, seconded by Mr. Robertson, it was RESOLVED tha~ the Board of Southold .Town Trustees m~nutes of September 6, 1D73 be approvedCas submitted, Vote of the Board: Ayes: Mr. Goldsmith, Mr. Robertson, Mr. Horton, Mir. Johnson, Mr. Gordon. On motion of Mr. Johnson, seconded~by Mr. Horton, it was RESOLVE~ that the~next meeting 0f the Board of Southo~d Town Trustees will.be held~7.:30 P.M.; Monday'} ~ovember 12, 1973 at the~.Town Board meeting-room, 16 -South Streetl Greenport, New~¥or~L- Vote of the Board: Ayes: Mr. Goldsmith, Mr. R0bertson, Mr. ~or~on, Mr. Johnson, Mr. Gordon. Meeting adjourned at 9:00 P.M. ~/J6dith T. Boken, Secretary