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HomeMy WebLinkAboutPIRATE'S COVE MARINE INC.John M. Bredereeyer, 12I, President Aibe~ J. Krupsld, Jr., Vke Presi. dent He,~ P. Srrfith John B. TuthH Willful G. ~bertson Telephone (516) 765-1892 Fax (516) 765-1823 B@ARD O~ TOWN TRUSTEES TOVYeN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.~.; Box 1179 Southokl. New York 11971 Nay 28~ 1992 Mr. Richard F, Hale ~eneral Manager Pirate's Cove Marine P.O. Box 365 Fishers Island~ ~NY 06390 Dear Mr. Hale: Confirming our conversation this date~ the Southold Town Trustees do not have jurisdiction for moorings or issue moorlng perraits for West Harbor or any underwater lands adjacent to Fishers Island, ~ne Trustees hold title to underwater lands in:the enclosed harbors and creeks of the mainland of Southold by virtue of the Andros Patent {1676) which has as its most easterly boundary ~lu~ Island~ As such we grant perreits under eu~ property based authority which is further legally vested in chapter 32 of the Town code. It is my understanding that the Bay Constables on Fishers Island ,receive their authority under various sections of the municipal ho,.~, rule law which allow towns to regulate moorings under their police powers in state waters~ ~his aunhority is further vested in TOWL Code Chapter 32 Section 39.2 which is specific to West Harbor and Hay Harbor on Fishers Island. Presently I am aware of ~own Code changes proposed which will close any !oo~ holes in the mooring ordinances. ~y suggestf~n to you is that you work with your Bay Co~tabte. Their job is not an easy one given the increasing demands for harbor policing to protect such things as shellfishing and control transient or ~estionab!e activities. If this officecan help in some way, albeit without a jurisdiction in these matters, please do not hesitate to call. Very truly yours, q~/John M. B~eaemeyer, III President, Board of Trostees cc. John Ra~r TELEPHONE (516) 788-7528 PIRATE'S COVE MARINE P.O. BOX 365 FISHERS ISLAND, N. Y. 06390 May 7, 1992 Mr. John Bredemeyer Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Bredemeyer, It has come to our attention that your committee may be able to assist us with our problem. We probably should have sought your advice originally but sometimes we on Fishers Island are unaware of the proper avenues. Pirates Cove Marine is the only boatyard on Fishers Island and has been in business for over 20 years. We have had two moorings in the outer area (just beyond Goose Island) of West Harbor for 12-15 years. We have rented them for most of that time. We also have two moorings (for over 15 years) way up in the inner harbor directly off our boatyard. They are maintained as hurricane moorings and for excess repair storage. We have never rented those moorings. These inner harbor moorings are not the issue but we mention them to keep you informed of the facts. Pirates Cove Marine was informed in January of 199i by Harbormaster John Clavin that we would not be allowed to apply for permits for our two outer harbor moorings because commercial moorings would no longer be allowed. We were moderately annoyed but thinking this was the wish of the majority (a false assump- tion) we wrote to Mr. Clavin stating that we wished to keep our moorings but not rent them or use them in a commercial way. This request was summarily dismissed and we were asked to remove the moorings from the harbor. Not wishing to continue this long dis- tance correspondence (Mr. Clavin is a Florida resident and is there every winter for over 6 months) we waited until he returned to have further discussions. Feeling that the winter stakes (I0 foot long 4"x4") were a hazzard to navigation we replaced them with mooring balls. Not wishing to give the impression that we were using them we left the pennants (lines) off them. We were told once again, upon the Harbormaster~s return, to remove the moorings. Pirates Cove appealed to our Town Board Representative, Judge Edwards, but he sided with his appointee. Thinking that our source of appeal would be the judicial system we declined to remove the moorings and we were issued a summons. We should have appealed to you, the Trustees, but unfortunately didn't. Pirates Cove retained an attorney and the summons was dis- missed in Judge Tedeschi's court. Assistant Southold Attorney Kiernan reported to the Town board that we won on a technicality. However the case never addressed the issue of which town or- dinance gave Harbormaster Clavin the authority to deny a commer- cial mooring, We reapplied for permits twice after the court case but were put off until this year. Pirates Cove applied for our permits this winter (1992) and were again denied for the same reason. We are prepared to go to court but would prefer to settle in an easier manner. There is nothing that we can see in the town ordinances that would allow him to deny our permits. Pirates Cove is not trying to litter West Harbor with moor- ings we only wish to keep what we have had for many years. One can only guess what Harbormaster Clavin's agenda is in this case. We believe this situation is unfair. We understand that ultimately you are in control of the harbor bottom. Would you please review this case? Pirates Cove would be willing to attend a hearing to present our side of the issues if necessary. Please let us know at your earliest con- venience your feelings on this matter. Sincerely, Ri chard F. Hale General Manager RFH/mls JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF TIdE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: February 14, 1984 Pursuant To Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice -- is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will no~ have a significant effect on the environment. DESCRIPTION OF ACTION Application of Pirates Cove Marine Inc. for a Wetland Permit to remove existing marine railway, construct rock bulkhead, and backfill with fill from an upland source on the Inner Bay of West Harbor, Fishers Island, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which that no significant adverse effect to the environment are occur should the project be implemented as planned. indicated likely To Because there has been a response from the Board of Southold Town Trustees and Southotd Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Depar~men~ of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copi. es to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees~-~ Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Pirates Cove Marine Inc. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 January 4, 1984 TELEPHONE (516) 765-1892 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on January 3, 1984: RESOLVED to recommend to the Southold Town Board APPROVAL of the Wetland Application ~178 for Pirates Cove Marine Inc., with the provision that the comments from the N.Y.S. Department Of Environmental Conservation are included in the approval. Very truly yours, Board of Town Trustees Henry ~ Sm~ th President ip IUDITH T. TERRY ]'OWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 8, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold; New York 11971 TELEPHONE (516) 765-1801 Ym. Paul Stoutenburgh, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no.178 for a wetland permit submitted by Pirates Cove Marine, Inc. Please prepare a written report of findings and recommendations with respect To this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment TELEPHONE I516} '788-'752~B PIRATE'S COVE MARINE P.O. BOX 365 FISHERS ISLAND, No Y. 06390 Town 0£ $outhold Town Clerk's Office Southold, N. Y. APPLICATION FOR / App,co,on ............... RECEIVED WETLANrDS PERMFr DF_C 8 ~ Tc, wn Clerk S~ufho[d Date of Application ~k2-~-~83 INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submi[,ted to the Town Clerk in quadruplicate, accompanied by writter' permission from the owner of the properb/ if not the some as the applicant. B. Pilot Plan mus~ be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be mode by o copy machine and attached ia the Permit Application.') C. No operation shall be initiated by the applicant until oil permits that ore required are issued. D. A detailed statement of the rehabilitation and .prcposea condition of the premises after work is completed must be g~ven, including o survey if required. E. If aermit is being sought for a more sizeable excavation than the construction of o private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal controI of survey shall be based upon on approval Iocoi coordinate system. The vertical control for eIevotion and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geolopieol Survey datum. F. A statemen[, must accompany the cpplico[,ion describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said oremises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $50, O0 shall accompany the application. This filing fee includes one inspect on: there is a S5.00 fee for each additional inspection, H. The Town Board upon request of the applicant for a permit, may waive in whole or in por~, [',he provisions of Article II, Section 97-2~subdivisions(D ) end[G] where [t finds that nature of the proposed operations are such that the requirements of such prowsions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk wil issue c permit to the applicant. Such ~ermi[, shall be available for inspection at any time, upon request. ^pproved ..... ...................... Disapproved ........................................... ................................................................................................. APPLiCATiON IS HEREBY MADE to the Town Board of the Town of SouthoId, Suffolk Counb/, New York, for the issuance of a permit oursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wet~ands, Flood Plains and Drainage Areas of the Town of $outhold: Permit requested to .... ~ , .~e~ee,ve, · ~i..~.~. al~,~-,~:~., .~'~ ~,~waF.,., cc~n,..~'~ ~ C ~. 2,0,...~.o~¢. .......................... bulkhead amd ..b. ackfill %rith fill from an ?.~,land source. Location of property for which permit wonte~T4~eg~D~9-~"~"t:~9.~-~.~"~..b~9~'~ ........... Home address of permit applicant if different from aforesaid Ioc~:tion .............................................. .......... · P..z.r.e.r.. ,1~ ....;~a=$e.z: .,...~ .0 ..... Box.. :[.~..~ish~r~. ~ ,.. ~ ~."L ....O.6,,3.RQ ........................................ Creek, Boy or Harbor fronting property ...... ~ne~...rta, y,.~.f..C.r,e~.~:..,e.z.... ~'f~,~t...t~a, mbe. x~r ...................... .......... Ei~ ~,r,".s...L~I ~n& ,...!',l ,,.Y.. ................................................................................................................. Size of proposed work: Length ............ ~Q.~ .................................................................................................................................... .......... }~..40.~. ................................................................................................................................. Width Height Above High Water ....5~ ............................................................................................................. Depth Below Low Water ...... N'~ .......................................................................................................... Yards to be Excavated ................ [,~ette ................................................................................................. Yards to be Filled ...... ~D.~. ..................................................................................................................... Width of canal, creek or bay fronting prope~ .............. &~[ ........................................................... Depth at Low T~de ....~Z ........................................................................................................................ Average Rise in Tide ............ ~[ ....................................... .'. .................................................................... Is this far private or business use? .......... .R~eS ....................................... Area Zoning ..R.e..siden~ial Manner in which material will be removed ar deposited _..,.~.,..~.,~.a~....w..~..Z..Z...b,.a..f~..~..e..a....~.Z .......... ....... .c..r~..m.9.~....b...t~....k~...e_a_d...,b,.~ilc ~h a rock picker, fil~ with d~ t~ck Intended use of ~roper~ Stora~ and re~air space for boats. Easier access to ~in b~!ding by travelift ~H~en comsem~ o~ owmer o~ prope~, ~ mo~ ~he s~e ~s the cpp})c~mt ........................................ COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ............................................................... V ................................................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work forth in this application and as may be approved by the To.~-~-~,ard of ~ T~r~af Southo[d The applicant agrees to ho~d the Town of Southold and~Town~oa~rml~and free from Sworn to before me this ................................ do of y ........................... ~ ................... . ~otc~ Public MARY ~. pAN~W~CZ NO. 52-8267950 - SB~FO~ ~U~ / / · ~L L L_ I S~-~u~~ I''= 50' TOWN OF SOUTHOLD SHORT ENVTRONMSNTAL ASSESSMENT INSTRUCTIONS: (a) tn ~rder to answer the-questions in this short EAF it is assumed that the preparer will use currently available ~nformation concerning the project and the likely impacts of the action. It is not expected that odditlono] studies, researck or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) tf all questions hove been answered No it is likely thai this project is not significant ..... :. (dj Environmental Assessment i. Will project result in o large physical change _ to the project site or physically aite.r more / / than iO acres of land? ....................... __Yes 2. Will there be a major change to any unique or unusual land form found on the site? ...... ; Yes '~No 3. Will project alter or have o large effect on'" existing body of water? ...................... Y~s ~ No 4. Will project hove a potentially large impact on groundwater qpolity? ...................... __Yes ~. Will project significantly effect drainage flow on adjacent sites?.~ ..................... Yes L/No ~. Wiil project affect any threatened or endangered alont or animal species? .......... Yes V/No 7. Will project result in a major adverse effect on air quality? ............................... Yes 8. Will.project have a major effect on visual character of the community or scenic views or vistas known to be impo=toni to the community? Yesp/ No ?. Witi project adversely impact any site o~ structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area / by o local agency? ............ =.~..-~-~.v-..~..=-.~..v Yes .'//No 10. Will project have o ~ajor effect on existing or future recreational opportunities? ......... Yes 11. Will project result in major traffic problems or cause a major effect to ex~sting transportation system's? ....................... __Yes F No 12. Will project regularly cause objectionable od~rs, noise, glare, vibration~ or electrical disturbance os a result of the project's operation? .................................... __Yes M No 13. Will project have any impact on public health -- or safety? ..................................... __Yes~/ No : 14. Will project affect the existing community by directly causing o growth in.permanent population of more than 5 percent over o one year period or have o major negative effect on the character of the communify or neighborhood? ................................. Yes ~__.~o 15. Is there public c~ntrove'r~y ~oncerning the ' . pro jeer? ........ .................... F No