The URL can be used to link to this page

Home My WebLink AboutFARR, KATHERINEF~ICHARD F, LARK May 18, 1982 Willi~m R. Pell, III Supervisor, Town of Southold 530~5 Main Road - Town Hall Southold, New York 11~71 Application of EnConsultants, Inc. for Katherine Farr - Wetlands Permit Dear Supervisor Pell: Pursuant to the letter of Judith T. Terry, Southold Town Clerk, dated April 21, 1R82, I have reviewed the above-captioned application and I am submitting the following opmnion to the questions therein. It is my understanding Katherine Farr is the owner of cer- tain property on the westerly side of Manhanset Avenue bordering on Sterling Creek or Basin, by deed dated December 11, 1981 and recorded in the Suffolk County Cterk~s Office on March 10, 1982 mn Liber 9152, page 392, and further, that Sterling Creek or Basin are tidal waters. The application before the Town Board ms to dredge an area of Sterling Creek adjacent to Katherine Farr's property and to install a bulkhead and floating dock for the purpose of mooring sailboats. Generally, ~nen a person holds a deed bounded by tidal waters they o~n to the ordinary high water ~d no further. What- ever right they have below this line is mn the nature of an ease- ment. Therefore, to install bulkheads and to conduct any dredging below the high water mark, the owner must obtain a permit from the governmental agency exercising jurisdiction over the area. In this particular application the Town Board has concurrent juris- diction with the New York State Department of Environmental Con- servasion (DECk by virtue of: Wetlands Ordinance of the Town of Southold ~Code of the Town of Southold, Chapter 97) and Article 25 of the Environmental Conservation Law. because pursuant ~o Article 25 of the Law this agency has ]urisdiction over work in the application. A permit is Board under the Wetlands Ordinance of the operations being conducted are in Town of Southold. A DEC Permit is required Environmental Conservation the land contemplated by the also required from the Town the Town of Southold because tidal waters bordering the William R. Pell, III -2T Supervisor, Town of Southold RE: Application of EnConsultants, Inc. for Katherine Farr - Wetlands Permit May 18~ 1982 To determine whether ~he property adjacent to the land owned by Katherine Fart is under the jurisdiction of the Trustees of the Town of Southold for issuance of a permit in connection with the above-captioned application, it must first be determined whether or not the under water lands adjacent to Katherine Fart's premises are within the colonial patent granted to ~ae freeholder inAabitants of Southold by Sir Ectmond Andros dated October 13~ 1676 and recorded in the office of the Secretary of State, ~ook 4 of Patents page 402, The Trustees of the Town of Southold were created by Chapter 615 of the Laws of New York 1893~ as amended by Chapter 404 of the Laws of New York 1952. Section 1 of this Chapter provides in part: ~'...Such Board of Trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dispose of all or any part of all such coramon lands, waters and lands under water, or rights or other interests therein, subject, as the lands under water, to public right of navigation and to the riparian rights of adjoin- lng upland owners~ as the town of Southold acquired and now holds by virtue of any colonial patent or charter~ and for this purpose said board may execute all s--~h, conveyances, leases, permits~ agreements or other writings, necessary or proper in carrying into effect the provisions of this act;,,,"(Dmphasts supplied) The southerly boundary of the general description contained mn the Andros Patent is as follows: "and on the South with. an arme of the Sea or River which runneth ~p between Southampton land and the aforesaid tract of land into a Certaine Creeke which fresh water runneth into called in English tb_e red Creeke,"' The "arme of the sea~ referred to on the southerly boundary is peconmc Bay, Kowever, there are numerous tidal waters adjoining the up- land of the southerly boundary of the Town of Southold forming indentations running inland which constitute creeks, estuaries and o~er meadows, it has generally been held the creeks with exten- sive salt meadows and waters running inland having a narrow en- trance to ?econic Bay are within the boundaries of the Andros Patent. Historically this has not been as clear concerning the ownership of lands in the various harbors such ~s Town Harbor or Southold Bay, Greenport Harbor and Sterling Basin. In Town of Southold v. Parks~ 41 Misc 457, affd R7 App. Div. 636, affd 183 NY 513, which involved title to land ~f a portion of Peconic Bay known William R, Pellt III -3- Supervisor, Town of Southold RE: Application of EnConsuttants, Inc, for Katherine Fart - Wetlands Permit May 18, 1982 as Town Harbor or Southold Bay, the Court held the southerly boundary of the Andros Patent ~to be high~water mark on the north side of Peconic and Gardiners hays, following the line of high-water ~ark of Peconic hay around to Red creek" p. 459. The title to land ~nder the waters of Sterling Creek or Sterling Basin was decided in the case of Town of Southold v. Ralph T. Preston, decided by Special Term of the S~preme Court of Suffolk County on January 5~ 1~31 and subsequently a~firmed by the Appellate Division, Second Deparm~ent - 252 N,Y,S. 957~ ~mot for tv to app den 253 N.Y.S. 1002 (.case not officially reported~, wherein the Court determined the south boundary of the Town of Southold at Greenport to be ~e high wate~ mark of Greenport Karbor. More particularly, Sterling Basin constitutes a part of Greenport Karbor; ~reenport Karbor is a part of Peconic Bay being the arm of the sea referred to in the Andros Patent; and Sterling Basin is not within the Doundaries of the property con- veyed hy the Andros Patent. Therefore, it is my conclusion and opinion that the Sterling Basin and more particularly the land under water adjacent to the property owned by Kathermne Fart is not within the land conveyed by the Andros Patent~ and therefore the Trustees of the Town of Southold have no jurisdiction to issue any permit to the appli- cant for the proposed work, This ms consistent with what has taken place over the years, for it is my understanding there are numerous grants by the State of New York to private individuals of l~nd under Sterlin~ Creek, Under the provisions of ~93.24 of the Code of the Town of Southold the Town Trustees are authorized to review the wetlands permit application upon referral by the Town Board and to file a written report of the effect, ~ any, on the wetlands and tidal waters of the Town Of Southold~ The same applies to the Conser- vation Advisory Council, It is my understanding hoth of these agencies have reported to the Town Board, The %~tlands Ordinance of the Town of Southold sets forth nine standards in Section 97-28 ~nich the Town Board will have to take into consideration before granting or denyzng a permit. Further, any permit issued by the Town Board can impose appropriate conditions on the proposed operations encompassed by the application (~97-25}. Very truly yours, P~FL/mld IRVING L. PRICk JR. May 12, 1982 Mr. Paul Stoutenburgh, Chairman Board of Trustees Teton of Southeld Main Road Southold, New York 11971 'Re:: ApPl.i:C;a:ti.o~n o~ ;K~her;i:~e .Fa;rr Dear Mr. StOutenburgh: Please refer to my letter of May 6, 1982 relative to the question of the jurisdiction of the Town Board of Trustees in this matter. I would appreciate receiving the opinion therein referred to so that I might address it prior to the recessed date of the hearing on May 18, 1982. Thanking you in advance for your courtesy in this maEter~ I remain Very truly yours, ILP:kam cc : Willis3~ R. Pell III, Supervisor Town of Southold IRVING L. PRI~E, .,IR. May 6, 1982 Mr. Paul Stoutenburgh Town Trustee Board of Trustees Town of Southold Town Hall Main Road Southold, New York 11971 Re: Application, of' ~r~s. Kather~ine Fa~rr Dear Mr. Stoutenburgh: Thanks for your telephone call of this day stating that the town trustees do not have jurisdiction since Stirling Basin is considered an arm of the bay, which is State jurisdiction. I assu~ne you have some ruling or opinion that you are quoting and I would appreciate a copy of same. Enclosed herewith is a stamped self-addressed envelope for your con- venienCe. I would appreciate the opportunity to examine this opinion so that I may ascertain that the applicant in this instance is required to obtain a grant of land under water from the State for these improvements. Again, my thanks and awaiting further word from you, I remain~ Very truly yours~ ILP/dg Enc. cc: William R. Pell~ III Supervisor, TOWn of Southold IRVING L PRICE, JR. IRVING L. PRICE, April 12, 1982 Mr. Paul Stoutenburgh Board of Trustees, Town of Southold Town Hall Main Road Southold, New York 11971 Re: Ap:p:li:c~ation o~f Mrs. K:atherine Fart Dear Mr. Stoutenburgh: I am sorry to have missed your phone call of this date in which you stated that the 'Village of Greenport had jurisdiction over the parcel affected by above application. I had been informed that the Town Trustees had informed applicant that they had no jurisdiction on the ground that it was a Federal matter. However, if the decision was on the grounds that the parcel is in Greenport, that raises a question. I'm sure this parcel is well outside of the village of Greenport. If I am correct, would that mean this matter would be reopened? I enclose schematic drawing of the land of the tenant to the south which shows the relative position of the Parcel of the applicant to the Village boundary. Thanking you in advance for your courtesy in this matter~ remain~ Very truly yours~ ILP/dg William R. Pell, III Supervisor~ Town of $outhold Telephone 516-765-1938 BO,a 1971 March 16, 1982 Mr. Roy Haje En-Consultants, Inc. 64 North Main Street Southampton, N. Y. 11968 Dear Mr. Eaje: Enclosed you will find a check in the amount of fifteen ($15.00) dollars to cover the refund on the three applicatio~ of Kathrine Fart. Also enclosed is · endorsed back to F. Krug. your check in the amount of five ($5.00) dollars, you, to cover the refund for the application of Yours truly, Paul Stoutenburgh, President Southold Town Trustees /EN CONSULTANTS, INC. 64 NORTH MAIN STREET, SOUTHAMPTON, NEW YORK 11968 March 8, 1982 ENVIRONMENTAL SERVICES 516-283-6360 Board of Town Trustees Town of Southold Main Road Southold, N. Y. 11971 Re: Kathrine Fart and Friedrich Krug Dear Sirs: I have received ~ur determination that the Board has no jurisdiction in the abovm referenced matters. Accordingly would you please refund the ~t5 fee for the Fart application and the $5 fee for the Krug application. Yourm truly, Roy L. RLH/eb IRViNG L. PRICE, JR. March 3, 1982 Board of Town Trustees Town of Southold Main Road Southold, New York 11971 Re: Applications of Eh-COnsultants, Inc. On b~h:alf of Kath'erine Farr Gentlemen: I would appreciate receiving notice of when the Board of Trustees will consider all three of these applications. I remain, Thanking you in advance for your courtesy, ILP/dg Very~ yours R. ~,'~TR~Cff~l I~oHL CRO$~ SECTION THRU pROPOSED HER O, FLU R T; et* D R £0 $ t~lG ,,if VILLACE ~d~b°~ NA~¢ OF FROJE£~ SHORT ENV----r?CNNENTAL ~STEUCTiONS: (a) In order tc answer the questions in this shor~ EAF is is assumed that the prsparsr w~l use currently avatars L~o~ion conceiVE l~ely ~pac~s of cbs ac=zon. It is not e~ec~sd ~= addi~io~l s~udies, research ~r ~h~r invest!gallons w~l be (b) ~ any question ~ been angered Y~ ~he project ~y be si~Ican~ ~ a completed ~v~-o~en~t Assess~n= Fc~ ls necessary, (c) ~ all questions ~ve been answered Ne i~ is 1. W~t proJec= res~ in a !~gm physical uo ~he proJec= si~e or physic~ly al~er morm ~n !0 acres of land? ~ . , · · , , · 2. Will there be a major cnsnEs no any unique or un. ual land form found on the sits? , · . , Yes , I,, No Yes No Yes . I Nc Will prcjec= al=ar or hays a lares effect on an existing body of wa~sr? , , . , . . . , Will project ha~e a po=sntiaily large impac~ on grcundwatsr ~uallty? · , o · , · , · · o Will prcJec~ significantly effect drainaEs /~_cw cn adJacenn sites? , · , , · . · · · · Yes..... No Will p~Jec= affec~ any threatened or endangsred plant or animal.species? . . , , , , , · , . · Will project result in a major adverse effect on air quall~y? · · · · · , · , , · Yes No Will proJec~ have a major effee: on visual char- acter of the community or scenic views or vistas known =o be lmpcrtan$ no the co~nunity? · , · .... Yes,I No Will projec= adversely impact any site er s~ruc~- - ute of hisser!c, pr~-his~oric, 'or palsontoloEical i..~er=ancs or any site desi~nated as s critical enviror~mental area by a local agency? , . . Yes ----- No Will project b~ave a major effect on existing or f~ture recreational o~pornuni~ims? , , , , Yes ----- No Will projeon result Ln ~mJor ~raff~c problems or cause a major e£feon no existing transportation Will prcJec~ reEu!srly cause oojectiona~le odors~ noise, glare, vibra~ion~ or electrical ~ia~urb- anoe as s resul~ of the project's operation? · ~ , Yes ~ No Will project have any impac~ on public health or Will pro]sc~ Affect the existing community by directly causing a growth ~n permanen~ popula- period o_.r have a major negative effect on cb~%raonsr of the corn. reunify or neighborhood?. Yea No- _s th.r~ nub_lc/~on~rcvg_sy center-lng ~he projecu~ . ~es ~ No St~lin~ Creek BOARD OF TOWN TRUSTEES Town Of Southold Southold, New York ]1971 Main Road M3 .- Rev. APPLICATION FOR A BULKHEAD, DIKE, OR JETTY ]. Does this proiect involve the use of WETLANDS as defined in the Southold Town Wetlands Ordinance? ~-Ya~=Br NO. If it does, you must file through the Town Clerk's Office, 2. Is the proposed work entirely within the boundaries of your own property as substantiated by your Deed or Survey? ~ NO. If it is, a Permit is NOT required from this Board, but the Town Building Inspector should be contacted for full details. 3. Applicant's nome and address: .~.E'p..~.C~.~.~n"s..u..~...t~.a..n..t.9.~.I..n.9.:~z~.6..4.~.N.~;~9~:.~ .................. ........ .s..o.~.~.[t .~ .m.p. ~ o.n,..~,., .~ ..... ~.~..~ ....................................................................................................... Contract vendee 4. ~4~(~ nome and address: ...~.~..a.~.h.?..~.n..e....~..9.r..~..?..:...~.......~9.~...5..~..8.~...G.~.e..e.~.°.~.~..~..~.~.~ 5. Explain briefly the purpose of this apl~lication: ~.c..9.~..s..t..r~.u.9..t.~.~..n.~9..f.~.~..3.~..~.a..q.d.~.'4..~.~.~..s"e.~.~9]s of timber bulkI~ead wittx 5 return on n/s in configuration indicated on attached work plan. .,I~%s.~.a 1 la~.io, n..Q~ ..~ l~ a ~ ing..~ g ~k~.. g f...~£~Ds, ign S .. 7.0,.'...~.. ~.: ...( ~ g..b..~.. P.~..~.~.d....a..~.~.~.~.~ .t...~_o existing bulkhead) and 40' X 6' (to be placed in front of proposed section of bulkhead). Dredge backfill. Purpose of project is to allow mooring of sailboats used for charter · ,m~r.a.t.i~m .- .......................................................................................................................................... 6. After issuance o{ Permit, ; expect to: (mark with on ×) (a) Commence work -- AT ONCE ............ ; ASAP ....~f......; UNKNOWN TIME ............. (b) Complete work in.- I DAY ............ ; 1 MO ..... ~.....; 1 YR ............. ; FUTURE ............. Secure the correct Area Mop from the Secretary of this Board, and by using an X WITHIN A CIRCLE as a mark, indicate os closely as possible the location of this project. On. the reverse side, provide a SCALE DRAWING which will show Ordinary High Water Mark os well as the size and shape of the structure or work to be done. Also include all dimensions for portions which extend offshore fram the O. Ii. W. M. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (~) A copy of the Contractor's Plan and Specifications. Does this project extend into Town Waters beyond o,n imaginary line or boundary formed by existing works of a similar nature along this orea's shoreline? ~r NO. If it does, state the approximate distance beyond, ............ ft. Will this construction require ~he Filling of any land offshore of the Ordinary Iiigh Water Mark or the Dredging of a,n¥ material from Town Lands under water? Y'~r NO. If it does, Form A/4 (Application for Dredging/Filling) must be completed and attached as part of this application. Accepted by: Im requesting approval of this application, I submit that: the information presented herein is true and correct to the best of my knowledge and bel[ef; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have read or am fatal!Jar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me~ Roy L Hale /t ' ' ' )'Y !~ated: ~ BOAtlD OF TOW~N TRUSTEES Town of Southold Main Road Southold. New York 11971 I. Your application, dated ........ .~...e..~...~..u.~..~.k'...~..9,,....~...8.~ ....................... has been reviewed by this Board, at a meeting of the Trustees held on ........ ~.r.~.h.....2. z...~..9..8..2. ..................................................... and resulting in the action, as indicated below: Application approved. Application denied. Application tabled. Comments and remarks: It was the concensus of the Board that this area does not fall within the Trustees jurisdiction. 3. If your appJicotio¢ is approved above, A Permit Fee is now due, end should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according to the Schedule of Rates as set forth in the instruction Sheet (Form I/1). If the Permit Fee is paid in person to the Secretary of the Board, The Permit will be obtainable at the same time. if the fee is paid by' mail, the permit wilt be mailed in reply. Computation of Permit Fee: Total Fee for this application ............................................................ $ ........................................ /~ned . (,~'/'ic_~'---C-hrrm Board of Southotd Town Trug~ees. S t~ling Creek BOARD OF TOWN TRUSTEFS Town O~ Southold Main Road Sonthold, New York 11971 A/4 - l~ev. 6/72 APPLICATIO]N TO DREDGE and or FILL 1. Does this project involve the use of WETLANDS as defined in the Soutbold Town Ordinance in Wetlands? g~,l~T~r NO; If it does, your application must be filed through the Town Clerk's Office. 2. Applicant's name and address: ".~.n~.~.Q.~..n..s..u..~.~a.~..~..s.~..~g:.~...6..~:...N..~.~.h...~.~..§~.~.~ .................. Contract vendee 3. C=4:t~s nome eind address: ~.a..k.h.~i.B.e.~.g~.v.~.P...~Q:~p.~.5.6.8.~.G.~Bp~,~¥~ 1.!..~.44 4. Explain briefly the purpose of this application: ..C. analzru~:£an..~i.lD.'....a~',l...4,1'...$.e.¢.K~,.o.r;s of ti~er bulkhead with 5' return on n/s in configuration indicated on attached work plan. bulkhead) and 40' X ~' (to be placed in front of proposed section of bnlkhead). Dredge ...,~..~r.~a..4~f...~..gQi..~..~.'...h~m.~..~.. p!~..r~.~.:D!.~.v.,.,.~.~.,,.9.~..~.ig~.~.n~., upland as backfill. Purpose of project ~s co allow mooring of sailboats used fay charter operation 5. After issuance of Permit, I expect to: (mark with an X) (al Commence work-- AT ONC~ ............ ; ASAP ..... ~.....; UNKNOWN TiME ............. (bi Complete work in ~ 1 DAY ............ ; I MO ......~.....; I YR ............. ; FUTUR~ ............. 6. Secure the correct Area Map from the Secretary of this Board, and by using an X WiTHiN A C}RCk~ as a mark, indicate as closely os possible the location of this work. ~ the reverse side of this ~p, provide a SCALE D~W/N~ which wi/.J s'how ibc Ord/na~ High Wa/er Mark and the size a~d shape of the s~ructure or work. ~ll dimensions offshore of the O. H. W. M. should also be shown and include any free standing pilings which will remain at completion. Y. Provide the fo)iow)ng documents: (~) A Licensed Engineer's Su~ey of ¢he property involved. (bi A .c~y ~f ihe Contractor's Plans and Specifications. 8. Has any previous application for ~his work been denied by any other local government agency? ~ NO. If it has been, name the agency...~ .................................................................... Date of denial ........................................ if dredging is contemplated, give your estimate of the foUowing. (al Average depth of water at M. L. W.where dredging, .......?..'7..~. ................................ft. (bi Maximum depth of dredging below the bottom, ~ ft. (c) Maximum !ength of dredged area ....................................................................... ft. (d) ~Meximum width of dredged area '~(~ / ft. (el Maximum amount of material to be dredged ............................................ c. yds. i0. If fiiJing is expected, give year estimate of the fei(owing: N/A (a) Maximum omount of material required,. ................................................................... c. yds. (bi E~xplain how fiji will be obta.ined and where it will be placed. ] 1. )n requesting approval of this application, ) submit that: ] am the person accountable for the performance of ?he work Jn accord with the plans and specifications attached hereto; have read or am familiar with the provisions of any 5outhold Town O~inar~ce pertinent to the work involved; and tuft'her, l intend to adhere to onc)-T~bide by ~,~e, Terms and Conditions of the Permit. . Accepted by: ~Dated: S~erling Creek BOARD OF TOWN TRUSTEES Town O£ Southold Main Road Southold, New York 11971 APPLICATION FOR FIXED and/or FLOATING DOCKS i. Applicant's nome and address: .... .E...n.?~g.9.'n..s~.u..~..t..a..n..t..s.~'..~.~.n.~.:~.'6..4..~.N.9..r.~.~.~:~ ................. Southampton, N. Y. 11968 ' contract vendee 2. ~lCr~l~t~:s nome and address: ~...K..a..t~.h..r..i..n..e.~.F..a..r..r.~...P.....~.:~.B..9~.x..~.5~.6..8~.~?..r..e.`e..n.~..°.r..t.z~.~Z~ application' Construction of 13' and. 41'. sectio.n.s of 3. Briefly explain the purpose of this n/s in cgn'i:'f~'~'~'i:'i'g'~"[~[~"~ :~.~"g~k plan. timber bulkhead with 5' return on .In~ alla~o~..o~..~.~.~k~..~..~ens.~..7.~ ~..~..6 ~....(~..b~..P %~..~J ~..~P. existing bulkhead) ~nd 40 X 6',(to be placed,in, front of,propo~d section of bqlkhead). ~Dr~dge 0 ~g b~low ~W an~ place resuznann ~3 cu. y~s. on a~jacent upiana as ~n..n~,e~..~O....X..ZJ ......... A backfill. Purpose of project i~ to allow mooring of sailboats used for charter operation. 4. After issuance of a Permit, I expect to: (mark by an X) (a) Commence work -- AT ONCE ............ ; ASAP .... .X.......; UNKNOWN ............. (b) Complete work in -- 1 DAY ............ ; 1 MO.....ix; ...... ; 1 YR ............. ; FUTURE ............. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE indicate as closely as possible the location of this dock. On the reverse side of this map, provide a SCALE DRAWING which will show Ordinary High Water Mark~ the shape and size of the dock and any supplemental pilings which are needed to hold a floating dock or tie-up a boat, Give all dimensions necessary to determine the area of the dock surface which extends offshore from the O. H. W. M. Will any par'don of this construction extend offshore into Town Waters beyond an imaginary line or boundary formed by other similar s~ructures along the area's shoreline? ~ NO. If it does extend beyond this so-called dock line indicate by how for, approximately,. ......... ft. Provide the following d.ocu.ments: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans and Specifications. Will this construction require the Filling of any land .offshore of the Ordinary High Water Mark or the Dredging of any material from Town Lands under water? YC-g,~r NO. If it does, Form Al4 (Application for Dredging/Filling) must be completed and attached os port of this application. In requesting approval of this application, J submit that: the information presented herein is true and correct to the best of my knowledge and belief; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I hove read or om familiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and furfher, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me. ,Accepted by: