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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.