HomeMy WebLinkAboutGULL POND2c~OBERT W. TASKER
Town .6t [ofney
OFFICE 0 F <~T~, O~!!~,A~TO R NE Y
TOWN OF SOUTHOLD
TELEPHONE
(5[6~ 477-t400
425 MAIN ST.
GREENPORT. L.L. NEW YORK 11944
October 15, 1980
To: Southold Town Board
Southold Town Board of Trustees
Re: Issuance of Boat Mooring Permits
by Town Trustees at Gull Pond
Dear Sirs:
I have received 'a letter from Peter Appelbaum, Senior Attorney for the
Office of New York State Parks and Recreation to the effect that. in his
opinion, the mooring of boats along or near the bulkhead a~ Gnll Pond is
not inconsistent with the provisions of the I970 agreement between the
Town of Southold and the State of New York. I have previously advised
the Town that I was of the same opinion. A copy of Mr. Appelbaum's
letter is enclosed herewith for your information.
question has also been raised as To the authority of the Town Trustees
gram such permits.
The Board of Trustees was created by an Act of the New York State
Legislature (Chapter 615 of the Laws of 1893). This Law providea in
part, as follows:
"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 common
land, waters and lands:-u~nderwater, or rights or other
interests therein, subject, To all lands underwater, to the
public right of navigation and To the riparian rights of ad-
joining {~pland 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 such conveyances,
leases, permits, agreements or other writings, necessary or
proper in carrying into effect the provisions of this act".
Southold ~own Board
Southold Town Board of Trustees
-2- October 15, 1980
Seciion 32-I2A of the Southold Town Code (boats, docks and wharves),
provides as follows:
"The Board of Trustees of the Town of Southotd is hereby
authorized and empowered:
To issue revocable permits for the placing of piles,
stakes, buoys, docks or other objects in or on any
Town waters or public lands under or adjacent to
Town waters, and for the removal of sand, gravel
or other materials from lands 'under Town waters,
provided that the same do not obstruct or interfere
with navigation or the public use of such waters or
lands."
It is my opinion that the foregoing prowsions of Law provides sufficient
authority To the Town Board of Trustees to issue boat mooring permits
at Gull Pond.
In addition to the foregoing, a question has also been rai~ed to the effect
that the use of the facilities at Gull Pond for boat mooring purposes would
violate the Town Zoning Code. The property at Gull Pond is located in
the A Residential and Agricultural Use District. Section 100-30A(3) of
the Zoning Code provides that "buildings, structures and uses owned or
operated by the Town of Southold" .are permitted uses in the ~ Residential
and Agricultural District. Accordingly, it is my opinion that the issuance
of permits to moor boats at th~ bulkhead at Gull Pond is a use permitted
by the Zoning Code.
Richard T. N'olan, Attorney for Mr. Herbert l~/Iande!, by letter to the
Supervisor dated September 16, 1980, has requested tflat any opinion whieh
I may issue to be sent to him, and accordingly a copy of this letter is being
mailed To Mr. Nolan.
Yours very truly,
ROBEi:~T W. TASKER
B WT :AA
eno.
cc: Richard T. Nolan, ]Ssq.
WILLIAM R. PELL
SUPERVISOR
OFFIOE
~AIN ROAD
$OUTROLD, L.I., N.Y. 11971
RVISOR
D
TELEPHONE
(516) 765~1E,00
July 2, 1980
Mrs. Anna T. Hataier, President
Board o£ Town Trustees
Southold, New York 11971
Dear Mrs. Hataier:
The Southold Town Board requests that you hold in
abeyance any applications for mooring stakes which will Be
attached to the bulkhead at the Norman Klipp Park at Gull
Pond until review of the matter by this Board.
Yours truly,
WILLIAM R. PELL III
SUPERVISOR
WRP/mt
JUDITH T. TERRY
TOWN CLERK
P~EG1STRAR OF VITAl STATISTICS
Southold, L. I.. N. Y. 11971
TELEPHONE
(516) 765-1801
March 12, 1980
Mrs. Anna Hataier, President
Board of Southold Town Trustees
Town Hall
Southold, New York 11971
Dear Mrs. Hataier:
The following resolution was adopted by the
Southold Town Board at a regular meeting held on
March 11, 1980:
RESOLVED that the Southold Town Trustees
be authorized to issue mooring permits in
Gull Pond Inlet with the right of the
permittee to secure the boat by a line
attached to the bulkhead in such manner
as the Trustees shall direct, and that
such permission be limited to the southerly
one-half of said bulkhead.
Very truly yours,
Judith T. Terry
Town Clerk
THIS AGP~EE~.~ made as of the ~day of ~,~-'~,~ , 1971,
by and between the People of the State of ~ew Yorki acting by and
through the Office of Parks and Recreation, Executive Department,
State of New York, hereinafter referred to as "OFF!CE", with offices
at State Campus, City and County of Albany, State of l~ew York and the
To%~n of Southold, Suffolk County, Long Island, t~e~z York, a political
subdivision of the State of New York hereinafter referred to as
"MO%~IC!PALiTY", with offices at Southold, New York, 11971.
WITA~ESSET~:
In consideration of the covenants, stipulations a~.d
tions hereinafter set forth and in further consideration of the
premises and other good and valuable consideration receipt of
is hereby aeknow!edged, the parties hereto mutually agree as follows:
1. That a certain agreement between the Town of Southo!d
and the People of the State of New York, by the Conse~-~ation Co~is-
sion of the State of New York, d~ted the 24~-h day of Septenfoer, I965~
which was filed in the Office of the Comptroller of the State of
York as Lease No. 5510, is hereby terminated.
2. That the Town of Southold and %he 0FPiCE will enter
into an agreement to construct s
tract or parcel of land recorded
in Book of Deeds ~589~ at page 20,
follows:
boat launching facility on that
in the Suffolk County Clerk's Office
and more~articutarlydescriDed as
ALL T~._AT TRACT OR PARCEL OF kA_~ situate, l~-ing and being
in the Town of Southold, County of Suffolk, State of Ne%-~ York, bounded
and described as follows: BEG~iNZNG at a point on the southerly
right-of-way line of Manhanset Avenue on the center line of a culvert
under the said Manhanset Avenue,
from a concrete mon~ment at %he
and Inlet Lane and 49 feet from another concrete
southerly right-of-way line; running thence the
and distances:
which point is S 74° 30' E. 280 feet
inter~ection of said Mar~.anset Avenue
monua~ent on the
following nine courses
S 67° 00~
,N 34° 30' E 501
N 89° 10' E 100
N ~0° 00' W 126
E 88 feet,
feet,
feet to the existing bulkhead,
feet along said bulkhead,
N 59° 00' W 59 feet,
$ 67° 30' W 178 feet,
$.32° 30' W 319 feet,
S 13° 30' W 103 fee~ to a point on the center
north end of the aforesaid culvert; thence S 6° 30'
line of said culvert 62 feet to the point or place
raining 2.46 acres of land, more or less.
line of the
W along the center
of beginning, con-
3. Such facility to be built on plans approved by the
OFFICE at a total cost including all necessary engineering costs, not
to exceed $130,000.00 to be paid by the OFFICE.
4. The Town of Southold and the OFFICE agree that:
u~erea~ter be maintained and operated by the Mun/cipality without re-
strictions as to place of residence of users of such facilities except
that a reasonable variation in usage fees may be applied to those
residing outside the MUNICIPALITY, subject to the approval of the
Commissioner of Parks and Recreation.
B.~ The public shall have the right to ingress and egress from
the premises at all ~imes for the launching and/or hauling of their
boats, the parking of their cars and such other purposes not inconsist-
ent with the purpose of this agreement as set forth herein. However,
the MUNICIPALITY may establish the daily hours of operation and may
close and prohibit entry to the site during such hours between sunset
and sunrise as may be desired, subject to approval of such operational
arrangement by the OFFICE.
C. The OFFICE reserves the right to enter ~pon said premises
at all times for the purpose o~ ascertaining that the MUNICIPALITY
has complied with provisions of this agreement. In the event the
MUNICIPALITY fails to perform maintenance or maintain the site in a
-2-
clean and orderly manner or fails to remove debris or obstructions
from waters adjacent to the site, the OFFICE shall forthwith perform
such %york as required and the cost
borne by the ~D~ICIPALIT¥o
of performing such work shall be
in keeping with other comparable public facilities
Office of Parks and Recreation, and'further agrees
permanent personnel and
m~intain the facilities
D. The MUNICIPALITY agrees, when the site is ready for public
to operate and maintain it in a clean, safe and orderly manner
maintaine~ by the
to assign such
equipmen~ as may be necessary to op~rate and
in the aforementioned manner.
It is Understood by and between the parties hereto that
this agreement shall be deemed executory to the extent of t~e monies
available to the State and no liability on account thereof shall be
incurred by the State beyond monies available for the purpose thereof.
IN WiTA~ESSW~EREOF, the parties hereto have set their hands
and seals the day and year first above written.
OFFICE OF PARKS AA.,-D P~ECRF~ATiO~
EXECUTIVE D,~PAR_= ._~5~T
By
Commissioner
APPROVED AS TO FO~4:
Date:
Attorney General z
Assistant Attorne~ General
APPROVED:
Date:
For the State Comptroller -3-
TOWN OF SOUTHOLD
COUiqTY' OF SUFFOLK''~
C~I'ae
On this ~da , 1971, before me personally
~~ ~ ~~o me know/~ to be the Supervisor of the
Town of Southold, New York, 'described herein, and who executed the fore-
going instrument as such Supervisor of the Town of Sou~--ho!d pursuant to
authority contained within a resolution of the Tov~n Board of the Tovnl
of Sontho!d, New York, duly adopted on the ~ day of~ 1971,
L/-
and he acknowledged that he executed the same in such capacity.
Notary Public/
Edna R. Angelt
Notary Public, State of New York
Suffolk County, ~52-0077425
Commission Expires March 30, 1973
· T__H I S A G R E E M ~ N T
Made the day of , I970, by anti between the
People of the State of New York acting by.and through the Consorvatio~
Commissioner Of the State o~ New York, hereinafter re['epr(~d Fo ils
"CO~MISSIONER" of the Conservation Department of the State of New
York: hereinafter referred to as "DEPART~IENT", with offieeJ at
50 Wolf Road, City and County of Albany, State of New York and the
Toxin of Soukhold, Suffolk County: Long Island,'New York', a politieaI
subdivision of the State of Ndw' York l~ereinafter meferred to as
"MUNICIPALITY": with offices at Southold: New York: 11971;
WITNESSETH:
In consideration of the covenants, stipulations and
conditions hereinafter set forth and in further consideration of Ehe
pvemises and other good and valuable eonsideya~ion receipt of which
is hereby acknowledged ~ tlm parties hereto n~tually agree as follows.
1. That a certain Lease Agreement No. 5510, filed
November 16, 1955, between tlm Town of SouthQld and the DEPAI~FMENT,
dated the 2%th day of September 1965 is hereby terminated.
2. That the Town of Southold and tile DEPARTb~NT will
enter into an agreement to construct a boat launehlng facility on
%hat tract or parcel of land recorded in the ~uffolk County Cterk*s
Office Jn Book of Deeds g589t[ at page 20~ and more partieularIy
described as follows:
ALL'TI~tT TRACT OR PARCEL OF LAND situate: lying and
in the Town of $outhold, County of Suffolk, State of New York,
bounded and d~seribed as follows: BEGINNING at a point on the
southerly right-of~way li~]e of Manhanset Avenue on the center
of a e~lvert under the said ~Ianhanset Avenue, which point is
S 7~l° 30' E 280 feet from a concrete monument at the ~terseet]on
sa~d ~lanhanset Ave~][te ~l]d I~]]et Laae and U9
monument on the southerly right-of-way llne; ~unning thence the
fol lowing nim'~ coersos and d:~s ~anc~es:
~ . S 74° 30' E q6 feet,
_., ~'$ 67° 00' E 88 feet,'
N 34° 30' E50t feet, ' '"
N 89°'10' E100 feet to the existing bulkhead,
N 40° 00' W126 feet along said bulkhead,
N 59° O0T W 59 feet, '
S 67° 30' W178 feeT,
320'30' W319 feet,
S
S 13° 30' W103 feet to a point on the c~tter line of the
north end of the aforesaid culvert; thence S 6° 30' W along the
center line of said culvert 62 feet to the point or place of
beginning, containing 2.46 acres of land, .more or less.
.3. Such.facility to be built on plans approved by the
DEPARTMENT at a total cost including all necessary engineering costs,
not to exceed $130,000.00 to be paid by the DEPARTMENT.
~. The Town of Southold and the DEPARTmeNT agrees that:
A. Upon completion of construction, such facilities shall
thereafter be maintained and operated by the ~Junicipality without
restrictions as to place of residence of users of such facilities
except that a reasonabld variation in usag? f~es may-be applied to
those residing outside the-P~NI.CIPALI~Y. -
B.' The public shall have the right ~o ingress and egress from
the premises at all times for the launching and/or hauling of their
boats, the parking of their ears and such other purposes not'
inconsistent with the purpose of this agreement as se~ forth here~u.
However, the MUNICIPALITY may establish the daily hours oFoperation
and may close and prohibit entry to the si~e during such hours
between sunset and sunrise as may be desired: subject to approval of
such operational arrangement by'[he DEPARTmeNT.
C. The DEPARTMENT reserves the right to enter upon said
premises at all times for the purpose ascertaining that the
~NICIPALITYhas complied with provisions Of this agreement.
In the event the MUNICIPALITY fails to perform maintenance or
maintain the site in a clean and orderly manner or fails to remove
debris_ or obstructions from waters adjacent to the site, the
DEPARTblENT shall forthwith perform such'work as required and the
cost of performing such work shall be borne by the 5'P3NICIPALIT¥.
D. The b~3NICIPALIT¥ agrees, when the site is ready for
public use, to operate and maintain it in a clean, safe and orderly
manner in keeping with other comparable public facilities
maintained by the Conservation Department, and further agrees to
assign such permanent personnel and equipment as may be neeessa~y
to operate and maintain the facilities in the aforementione
manner.