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HomeMy WebLinkAboutTR-638 RescindedSix Tenth Avenue Farmingdale, New York 11735 Dear F~ Radigan~ At a mes~L~ of ~ne Southold ~o~n Trustees on ~ay 3, 1971 your permit to buii~ a dock at the foot of ~ ~o~a_~ Avenue on ~attituck Creek ~s rescinded~ ~m~adiate!y fol!o%~ing the meet±n~ of the Southold To%~ Trustees on A~r~i o~ 1971 we re~i~ents ~n tn~ area that there ~out8 ob3e~ ~zon to this Bock :~n~ we advised our secretary to hold the appiic~tion pendih9 until the ~eetin9 of th~ Board on ~ are in receipt of your letter of April 28~ I97i~ and ar~ returning your chsckin the a~unt of $25°00 so that you may proceed ~ith the action you intend to t~e ~n thi~ matter. Very truly yours~ Atvah B. Goldsmith Board of Trustees Town of Southold Southold, New York ~. J~AYiVII~ND J~ADII~AN April 28, 1971 Re: Permit to build a dock at Mattituck Creek Gentlemen: Because of some confusion that may be existing, I thought it advisable to write to you to explain what steps we undertook to obtain a permit to build a dock. There are three families who would like to build a dock on the Mattituck Creek. One of the families has owned their summer home since the turn of the century. I purchased my home on June 8, 1966. The other family has owned their property since around 1960. There is a clause in my deed giving me a right of way to the use of Mattituck Creek. I do not know specifically what the right of way is and what rights we have over the property leading down from Howard Avenue to the Creek. In 1966 I called your Building Department to find out if we could obtain a permit and what steps had to be taken to build a dock and I was advised of the procedure. None of us took any other steps until September of 1969, when I wrote to the Building Department and advised them that we would like to place a dock at the end of Howard Avenue leading into the Creek. We advised that it was our understanding that we had a right of way over this route, but would like confirmation of same. We received corres- pondence from the Building Department together with an application for a permit. We completed the permit just recently and forwarded it to you. It was always our understanding that we did have a right to build on this right of way. We also assumed that the town verified our right to build the dock when it accepted our application for a permit. In the Town of Oyster Bay the County Attorney re~iews 'applications to determine whether rights of way do indeed exist. In talking to your Clerk yesterday I found that that is not the procedure in your Town. It appears that you are guided by what is placed in the application. Therefore, it is most important that we review what rights we have to the property in question. I have, therefore, contacted my title company and directed them to complete a search and advise me what the Page 2 covenants, easements and restrictions are over the parcel in question. If, after our search is completed, ~we find that we have no right to build a dock, then, of course, we will withdraw our application, If~ however, we have a right to build a dock, we would certainly want to build it there. However, we also do not wish to disrupt the relations we have with the abutting homeowners. I per- sonally believe that good relations is more important than obtaining a dock permit. Therefore, after our sea~ch is completed we would like to sit down with the abutting home- owners and discuss with them what our plans are and see if we can reach an amicable solution. I asked some professional dockbuilders to give me specifications and what they would recommend, and I am awaiting their report. I will also use this report so that we can intelligently discuss this with the neighbors. One of the neighbors showed concern that we may dis- rupt the quiet of the area. We share their concern and do not wish to disrupt the area. We have no intention of using trailers or trucks or cars in the area and we would like to keep the area just as rustic as it presently exists. All we want is a small walkway down to the Creek which would lead to a small dock so that we could have access to the inlet. As indicated heretofore, we would want our comfort and the ab~tting hemeowners' comfort to be compatible, and we hope that we will be able to sit down with the neighbors so that this can be accomplished. Accordingly, it would be 'greatly appreciated if you would adjourn any further proceedings on our application until we have had an opportunity to complete the above. Thank you for your cooperation. CRR/mc Very truly yours, TOWN OF SOUTHOLD BOARD OF TOWN trUStEES PERMIT NO .... Pursuant to the provisions of Chapter 615 of the Laws of 1893 of the State of New York; Chapter 404 of the Laws of 1952 of the State of New York; the pro- visions of an ordinance entitled"Southold Town Ordinance Regulating the Placing of Obstructions in and on Town Waters and Public Lands, and the Removal of Sand, Gravel or other Materials from Lands under Town Waters", and in accord- once with the resolution of the Board of Trustees of lhe Town of Southold adopted at a meeting of said Board on .. ~p.r~.~l..~. ,1.9.7~.. , and in consid- eration of the sum of $ . .2.5:~).Q , lawful money of the United States, paid by · .C..~. ,RgZ.m.q~d' .R.a..d!.~an . residing at....~.?.d.a.y..A..v?...,...M.a.~.t.~.t.u.c.]~. , New yOrk, the said Board of Trustees of the Town of Southold, Suffolk County, New York, hereby authorized and permits said ..... c.,...P, ay.m.o.n.d...R.a.d.i.g.aD to build a community dock 50' x 3' at the foot of Howard Avenue Mattituck, NoY., subject to the right of the other lawful residents to use this right of way, all in accordance With the application submitted. The said ..... C.:. ~a.y.m.o.n.d...R~.d.i.g..aF. ...... , as part of the consideration for the issuance of this permit does hereby release the said Board of Trustees and the Town of Southold from any and all damages, claims for damages or suits that may arise or occur directly or indirectly as a result of any operation carried on under and pursuant to this permit, and wilt at his own expense, defend any and all suits which may be brought by third parties, as a result of any operation carried on pursuant to or in accordance with the terms of this permit, and assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town of Southold. 2. 3. 4. THIS PERMIT is subject to the following terms and conditions: That there shall be no tmreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along that portion of the beach between low and high water mark. That the work shall be subject to the supervision and approval of the said Board of Trustees or its agents. That if future operations of the Town of Southold require the removal and/or alteration in the location of the work herein authorized, or if, in the opinion of the Board of Trustees of the Town of Southold, such work shall cause un- reasonable obstruction to free navigation, the said ~-..R~Y.r~c).nd. R..ad,iga.n will be required upon due notice from_ the said Board of Trustees, to remove or alter the location of the work hereby authorized without expense to the Town of Southold, so as to render navigation reasonably free and unobstruct- The authority conferred by this permit may be terminated by the Board of Trustees for a failure on the part of the s~id ..................... .C..:.....~.?.~..m..°..~.~.,,.~a,~,.9...a..~.. ................... to comply with the terms and conditions herein imposed. In the event of such termination, this permit shall be deemed revoked five (5) days after the date when the BOard of Trustees shall mail to the said C. Raymond Ed±gan at the address given in his application, a certified copy of a resolution of the Bo~rd of Trustees directing such termination. IN WITNESS WHEREOF, the said Boord of Trustees of the Town of Southold has caused its corporete seal to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written. seal ........................................................ (L S.) ........................................................ (L. S.) ........................................................ (k S.) ........................................................ (L. S.) ........................................................ (L. STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) 3rd ~y ON THIS .................... day of .................................................... , 19..7...~., before me F~ersonally appeared Alvah B. Goldsmith, South~ld, N.Y.; John F. McNulty, Laurel, N.Y.; George SimPson, Greenport, N.Y.; Frank Dawson, NeW Suffolk, N.yo and Douglas Robertson, Orient, New York, all personally known to me, who, being by me duly sworn, severally said that the. y each resided in the Town of Southold, County of Suffolk, State of New York, and were members of the Board of Trustees of said Town of Southold and constituted a majority of the same; that they knew the corporate seal of said Town of Southold; that the seal affixed to thc foregoing instrument was such corporate seal; that it was so affixed thereunto by order of the Board of Trustees of said Town of Southold and that each one signed his name thereto es a Trustee and by like order. Filed: Notary Public TOWN OF SOUTHOLD-- BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE Examined ..... ./~'~' ' V "' ' '~gJ' ' ', ........... Approved /~'~ ~ / ~ ~/ Permit No ..vw.._.. .... ........................................................ Disapproved e'';'' ........ ......................................... ............ ehalrman. oard of T,ustees APPLICAIION FOR PERMIT INSTRUCTION8 A. This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup- licate. B. Plot plan showing location of lot and buildings on premises, relation to adjoining premises, public streets, parks. etc.. and giving detailed description of proposed layout of project must be drawn on diagram which is part of this application. C. The work covered by this application may not be commenced before the issuance of a permit. D. Upon approval of this application, Town Trustees will issue a permit to applicant. Such permit shall be kept on the premises and available for inspection at ail times. E. Applicant shall notify the Board of Trustees upon completion of the work covered by permit. APPLICATION IS HEREBY ~tlADE to the Board of Trustees of the Town of Southold, Suffolk County, New York. ~or the issuance of a permit pursuant to the laws. Ordinances and regulations governing construction of: docks. piers, bulkheads, jettys and dredging in, under, and over the waters of Town of Southold. The applicant agrees to comply with all applicable laws ordinances, regulations and conditions specified by said trustees, and to hold the Town of Southold. and all Town officials free from liability and damages of any kind. Name of Owner of Premises ......... t~,..P~2'I~D~D. RAE1][0AN ............................................. Street Address of Property ......... .~.~.d?.7 . .A.V.?.~.¢?...Ma..B.g. 5.g..u?.k..~...N.c..~..¥?..~.k....{*.uJt~..~Glll.fi ) .... Home Address If Other Than Location . .l~BOr..hr:llt~ .~-X..Tarlt, h. &v'_,~. ~a~lll-~'zlgcta~Le~..~.e~..~ark. Creek, Bay or Harbor Fronting Property ...... ~a~gi.t;uak..Or. eek ........................................... Permits Requested To: ..... 1p.tg~.~..~..a...J~$.g.g.J..~..d. 9.Q..k..I~9.17..b.(p~.~.-r..¢. ~ItlrCDll~,~7..ql.o.O~. ................ Size of Proposed Work: Length . .~0.~....appr. ox~Vidth . ..~.~.at~p~.oJ~eighth Above High Water .&Japprox Depth Below Low Water . .2. J?.P.P.V.o.x.. Average Rise In Tide .............. Yards to Be Excavated ......... Width of Canal, Creek or Bay Fronting Property ..... 200..2.00£g ...... Depth at Low Tide ................. Is This For Private or Business Use? .... l:lr:iv&ge. ......................... Area Zoning ................... Complete plot plan to be drawn on reverse side of this application. ~our nelghbors ~ive on ghe south side o£ l~leday gve and our property does not have water front. We wish to build a small dock on to the water at the end of Howard Ave to be used for our small boats° STATE OF NEW YORK ) )s.s. ~COUNTY OF Nassa-~ ) ~.0..N~....P~...D.~.~..A.N. ...... 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 will be done in the manner set forth in the application and as approved by the Board of Trustees of the Town of Southold, and the applicant agrees to hold Ihe Town of Southold and sa~id trustees harmless and free from any and all damages and claims arising under or by virtue o~ said permit. Svorn t '~fore ~ thi~ 12th ~ ~ March m 71 ~ o o~ ..................... ~a~ ~; ...............................