You are on page 1of 624

TRUSTEES

of the

FREEHOLDERS AND COMMONALTY

of the

TOWN OF SOUTHAMPTON

This Book Opened January, 1990

TRUSTEES:

1990-1991

EDWARD J. WARNER

WILLIAM BENNETI

PAUL PARASH

WILLIAM T. FRANK

PATRICK A. HEANEY

MARDOONI VAHRADIAN
CERTIFICATION

Compared with the original records of the Board of

Trustees of the Freeholders and Commonalty of the Town of

Southampton, N.Y. The printed copy is the same as the

original, errata excepted. The original records are on file in

the Office of the Town Clerk, Southampton, N.Y.

Transcribed by:

Emily D. Oster
Archivist of the
Town of Southampton

Thanks to:

Edward J. Warner
The Trustees President

John Andersen
Senior Bay Constable

April, 1994
INDEX TO 1990 MINUTES PAGES
I 1 A.
··~· Abel, Nancy 143,204
Aiello, Stephen 110
Alcott Pond 57
Amass, Victor S. 66
Apaucuck Creek 252
Apikoglu, Yeva S. 78,215
Appel, Henry 185,186
Arcate, Ronald 183,245
Archibald, Edward 169
Arevalo, Frank 65
Ash, William J. 63

B.

Baker, John & Raquel 38


Band, Noel 63
Baron•s Cove Marina 65
Barrera, Joseph & Josephine 76
Barton, Joan 155
Bay Avenue, East Quogue 96,104,120
Baycrest Avenue Dock, Fire at 213
Beaver Dam Pond 32,47,48,49
Beaver Lake 19
Behrle, Joan 9,10,11
Beil, Barry & Judith 240,244
Bellini, Martin 221,233,234,235,236
Bennett, William 1
Berg lund, Leigh 130
Berroya, Renata 245
Bevacqua, Anthony 38
Bids 20,21,32,67,115,167
178,187,196,242,255
Big Fresh Pond 936128,129,136,137
145,173,168
Bird Nesting Signs 36
Blume, Eli 5
Borelli, Patricia and Ralph 155
Both, Louis 263
Bottini, Mike 37,38
Brocard Development 124
Brad, Eileen & Michael 154
Bullhead Yacht Club 130,207
Busiello, Arthur 125

c.
Calla, Peter 55
Cannistraci, John 155
Capital Project Meeting 61

1
INDEX TO 1990 MINUTES (continued) PAGES
Carr, Harry 145,159,178
Carreras, Olga 17
Carter Creek 177
Caruso, Dr. Vincent and Mary Lynne 178
Catal.lo, Frank 155
Ceccarelli, Michael & Eileen 216
Certified Public Accountant 113
Chmiel, Eugene 99
Cichielo, Louise 181,201
Ciampa, Don 90,124
Cimilucca, Peter & Margaret 26
Circle Beach, Noyac 181
Clam Farm, The 191,209,212,226,238
Clam Island County Nature Preserve 208
Cohen, Stanley 17,65,111
Cold Spring Pond H
Commercial Haulers Ramp Fees 24
Computer System for Town 139,140
Conley, John 77
Conscience Point Marina 179,185
Corman, Avery 230
Corr, Joseph 130
Corwith, Pe.ter 100
Covel1f Delphine & Julian 40

D.
D'Angelo, Peter 125,230
oamiecki, Marcel 79
Damone, Peter 25
oana 8 P., 201
Dave Bofill Marine, Inc. 52,90
Dayton, Dai 66
Deep Hollow Road 162
DeCristofarov Frances 229
DeLuca, Thomas 201
Demetz, Johannes 100,124
Design Properties 89
Diamond, Donald & Joan 21.4
Difazio, Frank 25
Dipalma, Armand & Madalena 170
Dolphin Lane 232,252
Doughty, John 18
Downs, DenniS & Marilyn 65
Dredging (Priority List) 15, 187
Dredging Resolution· 196,197
Dreyspool, Anthony 89
Druek, Jeff & Linda 111
Dubner, Steven 136

2
-, INDEX TO 1990 MINUTES (continued) PAGES
.' E•

Easement Agreement (Suffolk County) 19


Eckart, Peggy 107
Elghanayan, Kamran 172
Elias, Irving 177
Environmental Crime Conference 179
Ertegun, Ahmet 200
Experimental Cultivation Area 218,219

F.

Fabrizio, Bernard 110,182


Far Pond 15
Fiedler, Paul Ke 65
Finestone, Everett 99
Fish Cove Bridge 26
Fish Cove Road Run Off Project 61
Fish Cove, Water Testing 242
Fish Pound, North Haven 104,105,106,114,115
Fish Trap Permits 6,82
Fisher, Robert 182
Flocee Bay Estates 124
Folks, James 123
Four-wheel Drive Law 20,21,32,66
Fresh Pond 5
Fyke Permits Issued 41,42,82

G.

Garber, Samuel 99
Gateway of Flanders Marina 63
Gazeski, John 203
Gazza, Joseph Frederick 194
Geese/Swan pollution 107
Genet Creek Association 141,168,181,189,243
Ge·rmano, Ed & Janice 125,142,193
Georgian Association Members 55,72
Gill, Tom 55
Giusio, John 89
Gladstone, Hugh & Linda 38
Goerqenf Rober.t 154
Georgian Association 72
Golato, Joseph 40,51
Goldman, Stephen 5
Goldstein, Allan 262
Goodrich, Hunter 100,245
Graham, Douglas 123
Gregory, Warren 201
Grinblat, Ronald 1,8,29
Group for the South Fork and
Nature Conservancy 37,38
Guarnaccia, Gary 77

3
INDEX TO 1990 MINUTES (continued) PAGES
Guldi, Adoplh c. 125,229
Gull Island 30
Gullo, or. Stephen 160

8.

Haber, James 63,123


Halsey, H. Beecher 50
Hamilton, William 16
Hampton Bays Civic Association 85,86
Hampton Point Association 159,160
Harrington, John 100
Hayes, Lee 253
Hidden Cove Resort 18,26
Hayg round Cove 145,219,247
Hildreth Road, Hampton Bays 66,135
Hodesf Bernard 205,215
Hoover Lane 159,160
Horan, Peter 50
Horvath, William 176
Hubbard Creek 152
Huff, Cheryl 52
Hugel, Robert 40,64
Buk.e, Lawrence 39,142,183,193

I.
Imbert, Richard 38
Imperial, William & Antoinette 124,194
Inlet 134

J.
Jackson, Gordon 246
Jet Ski Problems 163,1731'185

K.
Keillor, Ronald n
King, David 170,181
Kivel, Dennis 4
Klink, John 100
Konak, Neola 100
Kovacek, Ottilie 111,131
Knobell, John 92
Kuettner, Walter 156,194
Kuhns, Thomas 77
Kunz, Peter 76

4
INDEX TO 1990 MINUTES (continued) PAGES
L.
Landes, Michael 141,151,171
Lee, Jane Love 228
Leeds, Robert 192
Leonard, John 162,220
Levis, Donald 63
Little Peconic Yacht Club 205
Lobster Inn, Inc. 139,236,237
Loesch, Robert 72
Lofaro, Antonia & Gelsomila 182
Long Island Lighting Company 39
Long Lining 218,219
Long Neck Royal Canal Association 229
Longo, Anthony & Patricia 51
Lyons, Terence 92,93,101,111

M.

Mack, Fay 253


Maillard, Leslie 215
Maresca, Michael 38
Marine Enforcement Agencies 24,31
Maurer, Jack E. 5,38,65,77
McChesney, Richard L & Lee D. 78
McElroy, Patrick J. 178
McFarland, Robert 228
McGilvray, Duncan & Dolores 26
McKasty, Frank 40
Mecox Bay (Cut Opened) 3,96,181,211,226
Meeker, c. Roger 26
Mellina, George 26
Mermaid Lane 8,29
Metcalf, Barbara ·244
Middle Pond 14
Mill Cteek Channel 190
Mill Creek Dock 121
Miller, Maxine 155
Mockridge General Contracting, Inc. 26
Moers, Anna 85,125,143
Molnar's Landing 124,216
Monaghan, William 51,52
Mooring Permits Issued 7,18,28,41,52,65,80,91
101,111,126,131,143,
156,172,195,205,216,
230,254
Mora, Javier 194
Muir, William 90
Musarra, Eleanor 229

5
INDEX TO 1990 MINUTES (continued) PAGES
N.
Nadler, Murray 204
Namm, Michael 2,17
Nastasi, Thomas 39
National Golf Links of America 190,192,200,206,231
Nature Conservancy 121
Nessim, Raymond 98
New York Telephone Credit Cards 222
Nicholas, David 77
North Haven Residents 106
North Sea Harbor 15
Noyac Creek 15,186
Noyac Harbor Association 186
Noyac Path 33

o.
O'Connell, Dennis 182
O'Gara, Carol 84,119
Oakland, Wally & Joyce 171
Old Fort Pond 93,94,1'19,180
Old Harbor Colony Property Owner's Assoc. 130
Oliver's Cove Association 39
Omabegho/Gullo Towd Point dock 160,161,174,241
Orban, Gloria 183
Ordinance 20 31,35,43
Oyster Transplant 89;97,98

P.
Pappas, Mary 125
Patchell, Robert 99
Peace Officer Training 62
Pearlbinder, Stephen 17
Peconic Mar ina 156,172
Pell, William 79
Penchuk, Nicholas 202
Perricone, Stephen 170
Persky, William 245
Peters Pond Lane 248
Phillips Creek 185
Phillips, Lee 8
Pickett Point 243
Pileski, John 171
Pine Neck Landing Association 40
Pinesfield Association 177
Pirraglia, Anthony 193
P1emper, Henry 90
Pond Studies 11
Postel, Joan 110
Pot Permits Issued 6,7,28,83,133,145,254
Public Notice 258,259
6
INDEX TO 1990 MINUTES (continued) PAGES

I
Q.
Quanguatuck Corporation 183
Quaranta, Kathy 110
Quogue Canal 120

R.
Radar Gun 22,36
Rebman, Jack 202
Red Creek 15
Reinhardt, Michael 24,41,75,90
Riverhead Bayrnen's Association 225
Road Review Applications 20
Road Review Committee 14,54,129,258
Road Run Off 12,21,33,116,117
Robertson, Cliff 134,208,219,226,230
Romana Drive Cove 176,216,217,218,246
Rosenthal, Ronald 25,27
Rosko, Thomas 19,20,258
Rosolino, Joseph 12
Rovegno, Robert 193
Ruisi, Lawrence 27,51
Rules and Regulations 88,150,250,251

I s.
Sag Harbor Cove 15,207
Sagg Pond (Cut Opened) 3,22,96,152,181,211,
226
Samuels, Tom 146
Sanders, Lewis A. 214
Sands, Michael 99
Santorelli, Leonard & Lana 204
Sattler, John 111
Sausser, Donald s. 17,25
Savino, Frank 77,170,252
Sawyer, Ellen & David 2,5,18,43,79
Scallop Committee 261
Schiavoni, David T. 79
Schick, Nicholas 26
Schweitzer, Jerome 203
Schwimmer, Louis 79
Seaplane, Landing of 247
Sebonac Inlet Road 206,207
Seed Clam Distribution 212
Seed Scallop Distribution 180,226
Sessa, Leonard 4

I Setteducati, Beltrany
Shapiro, Robert
Shellfish Advisory Committee
Shellfish Regulations
51
76,123,143
22,25,260,261
61,76
Sherman, Slezenger, Kuhn 244
7
INDEX TO 1990 MINUTES (continued) PAGES
Shinnecock Bay Trustees Island 25,30
Shinnecock Inlet (Dredging) Easement 75,109,252
Shinnecock Shores Association 16
Shinnecock Yacht ClUb 44
Shulman, Marianna & Victor 130,156,171
Shumejda, Jeffrey 156
Simes, Joan 38
Simes, Marvin 49,154
smith Creek 15,146,159
Smith, Frank 43,85
Smith, Randell & Kathryn 99
Somers, Michael 52
Sorensen, Edward 216
Southampton Bathing Corporation 125
Southampton·Baymen•s Association 218
southampton Yacht Club 44
Spartina Planting' 72
Speonk Creek/Pond 15,124
Stark, Steven 32,52,80,110,156,262
State Marine Enforcement Agent Grant 31
Stelle, Frederick & Bettina 41,.5-2
Stevens, Alvine 263
Stinson, Richard 2
Stocking Ponds 75t97,128
Stone, Daniel & susan 154
Stone Slope Protection 26
Storm Water Run-off 58,59,60,61,66,68,69,
70,71,72,116,117,128
Stroface, Richard 5,18
· Su1li van, Eugene 153
swam, William 72,73
Sylvester, Ronald 28,40

T.
Tagliavia, Stephen 91
Thompsonv Edwin & Loretta 17
Tiana Native .Son Inc. 90
Tiana Shores ·Association Inc. 50
Topping, Raymond H. 26
Tormey, Joan 16
Town Bulkhead Restoration 129
Trillo, Ernest 203
Trotta, Mr. & Mrs. 93
Trustees Roads J,20,33,92tl21,124,141
161,162,220,233
Tweed, Gary 27, 155

u.
Ulrich, Richard 203

8
INDEX TO 1990 MINUTES (continued) PAGES
v.
Vacation Time 23,30
Valvo, Carmen 230
Victorianna, Inc 171
Vivinetto, Ruth 89
Vukov, Frank 163,173

w.
Warner, Edward 1
Warner, Philip & Susan 155
warner, Sidney 104
Weickert, John 91,193
Weinreb, Robert 79
Weiskopf, Daniel 123
west Neck Creek 207
West Neck Dock 128
Wildwood Lake 120
Winter Flounder 197,198
Wooley Pond 15,24,178
x.
Y.

Yerden, Gilbert 182


Young, Adam 170

z.
zack, Leonard 64,140,152

9
JANUARY 3, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND fOMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, JANUARY 3, 1989,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William Bennett, Paul Parash, William T. Frank, and
Patrick A. Heaney and Deputy Town Attorney John ~ourgola.

Paul Parash acted as Temporary Chairman for the


purpose Of electing officers for the ensuing two years.
A motion was made by William Frank, seconded by
William Bennett nominating Edward J. Warner to be
President of the Board for the ensuing two years. The
Secretary cast one ballot electing Mr. Warner. The gavel
was then banded over to Mr.. Warner who thanked the Board
for their confidence in him, and stated that all he has
done in the past two years, he will continue to do in the
next two.
A motion was made by Edward Warner, and seconded by
Paul Parash nominating William Bennett as
Secretary-Treasurer of the Boar-d for the ensuing two
years. The Secretary cast one ballot for Mr. Bennett.
The minutes of the meeting of December 18, 198'9, were
read, and approved as read.
Patrick Heaney asked John Wourgola if there has been
any response from Mr. Grinblat. John Wourgola replied

-1-
(Continued, January 3, 1990, BOARD OF TRUSTEES)
that Mr. Grinblat has been out of town, and that his
attorney Mr. Grossmen has talked with him and will attend
this meeting.
John Andersen stated that Saft stopped making the
battery that we used, but has given him names of other
companies that do make a similar battery.
Tom Samuels, of James H. Rambo, Inc., was present to
discuss his application for permit for David ~awyer. He
also questioned the need for re-applying for th.e
applicat'ion for permit and fees £or Michael Namm, Private
Road, Shinnecock Hills. This application for permit
expired January 3, 1990. It was first applied for on
October s, 1987, and renewed on January 3, 1989. Under
the Rules and Regulations, a permit may be renewed once.
Richard Stinson, of Hampton Bays was present to
discuss his problem with the Boat Ramp Permit. Mr.
Stinson does not have a vehicle capable of trailering his
boat. He does have use of a company vehicle, from
Brookhaven Town, that be uses to trailer his boat. Since
it is a company vehicle others may use it, and he may be
issued a new one. A motion was made by William Bennett,
seconded by William Frank and duly carried to allow
Richard W. Stinson to use his boat trailer registration
inleu of the vehicle registration, and must be kept on
trailer at all times. Mr. Stinson was issued Permit No.
32.
John Johnsen, Town Engineer, and Wayne Bruns were

-2-
(Continued, January 3, 1990, BOARD OF TRUSTEES)
present to discuss the problems with Trustees Roads. Paul
Par ash stated with all the developments on Trustees Roads
no one takes care of the problem with drainage. Edward
Warner stated that all the improvements made on the roads
are piece meal jobs. John Johnsen explained that in the
late 70 1 s Bob Nardy of the Board of Appeals, adopted an
unwritten ruling that if the Board of Appeals asked for
more work to be done than the applicant could' afford, it
would b,e waived. They were asking for $5,000. for
improvements. This requirement is still valued by the
Board of Appeals. A lengthy discussion followed. Edward
Warner asked John Johnsen to figure out an approximate
figure for the Trustee roads to be brought up to specs.
John Johnsen replied that a separate account would have to
be kept for each road. He continued to say that he would
take a couple different roads, and figure out an
approximate cost for them.
William Frank stated that Sagg. Pond and Mecox Bay both
are very high and need to be opened. A motion was made by
Paul Parash~ seconded by William Frank and duly carried to
open Sagg Pond and Mecox Bay as soon as possible. Cliff
Foster, Diversified Services and the New York State DEC
will be notified.
Eight (8) Applications for permit were received.
Three (3) Applications for permit were held.
Fifteen (15) Applications for Pot permit were received.
Two (2) Mooring permit was approved.

-3-
(Continued, January 3, 1990, BOARD OF TRUSTEES)
CORRESPONDANCE:
NYSDEC: Lisa Tettelbach To: Trustees re: Sampling
North Sea Harbor and Fish Cove.
A clipping from Newsday about the poaching on Long
Island.
A motion was made by William Bennett., seconded by Paul
Parash and duly carried to pay the following from the
Trustees Special Account:
Dolliver Associates - Survey Rose Hill Road $ 795.00
American Trap & Field - Binoculars $ 450.00
Agway of Bridgeha~pton - Corn for waterfoul $49.93
Edward Warner requested that another letter be sent to
Dan Lynch, L.I. State Park Regional Permit Department,
Re: removing Oysters from Oyster Pond at Montauk.
The meeting on motion was adjourned.

Respectfully submi ttedc--

/,~~&-7//
W~a~Bennett,
Secretary

PERMITS ISSUED:

PERMIT NO. 5658 is issued to James H. Rambo Inc., agent


for LEONARD SBSSA, Basket Neck Lane, Remsenburg, to
reconstruct within 18" approximately 184 1 of timber
bulkhead. Project is located on owner's property off
Moriches Bay, as per application and survey submitted.

PERMIT NO. 5639 is issued to Michael Sylvester, agent for


DENNIS KIVEL, 11 Marlin Road, East Quogue, ·to replace
deteriorated bulkhead with new 75' .navy type with a 2 foot
step down. Truck in 60 yds of clean back fill and grade
behind new bulkhead. No dredging. Project is located on

-4-
(Continued, January 3, 1990, BOARD OF TRUSTEES)

owner's property off dug canal off Shinnecock Bay, as per


application and survey submitted.

PERMIT NO. 5640 is issued to Bn~Consultants, Inc., agent


for ELI BLUME, 31 Nautilus Drive, Hampton Bays, to amend
Permit No. 5620 to read to replace within 18 11
approximately 105 1 of timber bulkhead. Dredge maximum 10
c.y. from area up to 10' in front of bulkhead. Spoil to
be used as back fill. Project is located on owner's
property off Wells Creek., as per application and survey
submitted.

PERMIT NO. 5641 is issued to En~Consultants, Inc., agent


for STEPHEN GOLDMAN, Trynz Lane. Hampton Bays, to
construct a 4' x 118' elevated walk (4 1 above grade),
terminat•ing in a 9 1 x 10 1 platform. Entire structure will
be well above mean high water. Project is located on
owner's property off Shinnecock Bay, as per application
and survey submitted.

PERMIT NO. 5()42 is issued to James H. Rambo, Inc., agent


for ELLEN & DAVID SAWYER, Meadow Lane, Southampton, to
remove and replace 340 1 steel bulkhead. Armor returns
with rip-rap stone, as per NYS DEC Permit 10~88-1901,
.Village of Southampton Permit 4729 C.E. Project is
located on owner's property off Atlantic Ocean, as per
application and survey submitted.

APPLICATIONS FOR PERMITS HELD:

Application for permit from En ... consultants~ Inc., agents


for JACK E. MAURER, 545 Main Street Quiogue~ to construct
a timber dock consisting of a 4' x 70 1 fixed elevated (4')
walk; 4' x 14' hinged ramp; and &· 6' x 20 1 float secured
by (2) 8" diameter pilings, held for
Application for permit from Steven L. Maresca &
Associates~ agents for :ELLEN & DAVID SAWYER, corner of
Meadow Lane & Halsey Neck Lane, Southampton, to extend
existing dock structure with an additional four 4 x 16
floats, and build a 4' x approximately 83' catwalk at
grade thru clearing in phragmites, held for a full Board
inspection.
Application for permit for RICHARD & ROSE STROFACE,
Brickkiln Road, Sag Harbor, tO construct a 3' x 165'
catwalk (4' above grade), leading to floating dock 8' x
12 1 with styrofoam floatation and 2 - 6 11 x 6 11 poles for
support. The Board has no objection to the application,

-5-
(Continued, January 3, 1990, BOARD OF TRUSTEES)
but upond inspection found that a drene which runs across
the above property has been filled in with brush and
debris. Before application is approved this must be
cleaned and kept clean.
FISH TRAP PERMITS:
Fish Trap Permits were renewed for 1990 for the following:
Paul E. Behrmann
Donald Bennett Sr.
Donald Bennett Jr.
John Bergenti
John D. Eckart
Walter F. Homan
Eugene N. Hubbard
Douglas Jayne
Jeffrey -Kraus
Charles K. Mades
Donald S. Sausser
George H. Schellinger
Burton Smith
Paul H. Smith
Norman L. Stiansen ~ Charles S. Stiansen
Edward J. Warner
Edward J. Warner Jr.
James V. Warner
George Wayne

POT PERMITS ISSUED:


PERMIT NO. PT3 is issued to Melvin T. Albin, 15 S. Bay
Avenue, Eastport, to place pots in the Town of ,S_outhampton
waters for 1990.
PERMIT NO. PT4 is issued to Theodore G. Anderson, Lake
Drive, Southampton, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PTS is issued to William Bennett, 8 Parlato
Place, Westhampton Beach, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT6 is issued to Theodore W. DeCastri, 6 Stuart
Court, Hampton Bays, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT7 is issued to Charles Wesley Frye, Actors
Colony Road, Sag Harbor, to place pots in the Town of
Southampton waters for 1990.

-6-
(Continued, January 3, 1990, BOARD OF TRUSTEES)
PERMIT NO. PT8 is issued to Walter Lane Jr., P.O. Box 236,
Hampton Bays, to place pots in the Town of Southampton
waters for 1990,
PERMIT NO. PT9 is issued to James W. Lashuk, 11 Ketchum
Avenue, Eastport, to place pots in the Town of Southampton
waters for 1990,
PERMIT NO. PTlO is issued to John B. Mampreyan, P.O. Box
1145, East Quogue, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PTll is issued to Howard G. Olsen, 10 Ludlow
Lane, Hampton Bays, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT12 is issued to John F. Raynor~ 25 Alanson
Lane, Hampton Bays, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT13 is issued to Samuel Rispoli, 39 Palo Alto
Drive, Hampton Bays, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT14 is issued to Frank L. Smith, Montauk
Highway, East Quogue, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PTlS is issued to Paul H. Smith, 33 Tuttle
Avenue, Eastport, to place pots in the Town of Southampton
waters for 1990.
PERMIT NO. PT16 is issued to Edward J. Warner Jr., 22
Carter Road, Hampton Bays, to place pots in the Town of
Southampton waters for 1990.
PERMIT NO. PT17 is issued to Robert Weinreb, 77 Lake
Drive, Bay View Oaks, Southampton, to place pots in the
Town of Southampton waters for 1990.

MOORING PERMITS ISSUED:

PBRMIT NO. 90-39 is issued to RICHARD FLENSBURG, Weesuck


Avenue, East Quogue, to place a 150 lbs. ~ushroom anchor
mooring and buoy for a 20 1 Herman Sailing Sloop (Reg. No.
NYSS81DE), in Wee suck Creek, undeT the direction of Bay
Constable Stuart Rose.
PERMIT NO. 90-40 is issued to CAROL A WEICK, Duckwood
Lane, Hampton Bays, to place a 100 lbs. mushroom anchor
mooring and buoy for a 22' Sailboat (Reg. No. NY36S3BK)
11 SNOW GOOSE 11 , in Red Creek Pond, under the direction of
Bay Constable KeR Malone.

-7-
JANUARY 17, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, JANUARY 17, 1990,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W. Parash, William T. Frank, and
Patrick A. Heaney and Deputy Town Attorney John M.
Wourgola:
The minutes of the meeting of January 3, 1990, were
read, amended, and approved as amended.
Ronald Grinblat was present to discuss what he has
done on Mermaid Lane and to ask the Board to reconsider
their decision to have him remove the retaining wall that
encroaches the Trustee Road, and restore that portion of
the, road that was disturbed to its natural state. Lee
Phillips was present to hear Mr. Grinblat 1 s side of the
story. Patrick Heaney stated that Mr. Grinblat has
backfilled the primary dune with construction debris. A
lengthy discussion followed. Edward Warner stated that
their point is it was surveyed, the retaining wall
encroaches Mermaid Lane, a Trustee Road, and the Board
want it removed, Ronald Grinblat was given 30 days to
remove the retaining wall that encroaches the Trustee
Road, restore that portion of Mermaid Lane that was,

-8-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
and will be disturbed back to its natural state, and to
reimburse the Town Trustees for the cost incurred with
this violation. This includes but is not limited to the
$775.00 dispersed by the Trustees for preparation of the
survey. If the above is not complied with, within 30
days, the Trustees will remove and restore same at Mr.
Grinblat 1 s cost, also other fees will imply with this
violation.
County Legislator Fred Thiele, Jr. was present to
present a Proclamation to Joan o. Berhle and Frank L.
Smith.
Southampton Town Supervisor, George S. Stavropoulos
was present to present the following Proclamation from the
Town Board to Joan Behrle:
WHEREAS: the Town of Southampton wishes to recognize
and express the appreciation of all of its citizens for
those who give their services to the community above and
beyond the norm; and
WHEREAS: JOAN BEHRLE, after comp'leting 20 years
service in the Trustees Department for the Town of
Southampton, has decided to retire with her husband,
Ernie; and
WHEREAS: JOAN and ERNIE BEHRLE are proud parents of
Ernie and Donna, and also have five grandchildren; and
WHEREAS: JOAN BEHRLE has served the people of the
Town of Southampton in the Trustee Department and always

-9-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
been so helpful and ready to assist those in need; and
WHEREAS: we are saddened to hear that JOAN BEHRLE is
leaving our area, but happy that new opportunities are
opening up for her in her retirement especially on the
golf courses in North and South Carolina,
NOW, THEREFORE WE, THE SOUTHAMPTON TOWN BOARD, as well

as all residents in the Town of Southampton, do hereby


extend our thanks and appreciation to JOAN BEHRLE.
IN W,ITNBSS WHEREOF, we have hereunto set our hands and
caused the seal of the Town of Southampton to be affixed
this 17th day of January nineteen hundred ninety.
A motion was made by Edward Warner, seconded by
William Frank, and duly carried that the following
resolution be spread on the minutes and a copy thereof be
delivered to JOAN 0. BEHRLE:

WHEREAS: The Board of Trustees was created in 1686 by


the Dong an Patent to run the Town and Manage its
resources. As uplands were divided and sold into private
ownership the Board came to manage the Town's waters and
wetlands; and
WHEREAS: JOAN 0. BEHRLE was appointed clerk to the

Trustees of the Freeholders and Commonalty of the Town of


Southampton on January 15, 1970, and served through
January 16, 1990; and
WHEREAS: her twenty years of service and devotion to
her duties as manager to the Trustee has reflected to the

-10·
(Continued, January 17, 1990, BOARD OF TRUSTEES)
highest interest of the public and credit to this Board;
and
WHEREAS: JOAN 0. BEHRLE will enjoy her retirement in
her new home in Ocean Isle Beach, North Carolina with her
husband, ERNEST, her son, ERNEST, Her daughter, DONNA, and
also her grandchildren: COURTNEY, MATTHBW, DANIEL,
CAITLIN, and MICHAEL;
NOW, THEREFORE BE IT RESOLVED: that in recognition of
JOAN 0.' BEHRLE's valued contribution to the citizens of
our community and to the Board of Trustees, the Board of
Trustees of the Freeholders and Commonalty of the Town of
Southampton extend to JOAN 0. BEHRLE our wish for a long
life of happiness and good health, and the knowledge of
leaving a job well done.
Bruce Anderson, Natural Resources Specialist II, was
present to discuss Pond Studies. In 1987 Natural
Resources did an organizational studies on some of the
ponds in Southampton Town, they are: Kellis Pond, Little
Fresh Pond, Mill Pond (Water Mill), Mala-rd Pond/East Pond
(Quogue), Sagaponack Pond, Poxabogue Pond, Wareman Pond,
Whiskey Hill Pond. With the help of Southampton College
they tested for water sample qualities. A lengthy
discussion followed. Patrick Heaney stated in the
document Mr. Anderson has just handed us it states the
agreement between the New York State Department of

-11-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
Environmental Conservation and the Southampton Town
Trustees, that the state will provide for the testing of
coliform bacteria by state run laboratories. Under said
agreement, the N.Y.S.D.E.C. shall test for coliform
bacteria in land surfaces waters at no cost to the Town,
the state has not a heard to this agreement. William
Bennett suggested that the Trustees and Bruce Anderson,
should meet with William Masterson (Highway Department),
and Johq. Johnsen (Town Engineer) to discuss the problems
of Town Roads with road run off. Bruce Andersen explained
that would be a start, but the worst road run off are from
the State and County roads, and that they should except
responsibilities for them. Paul Parash Stated that
Legislator Fred Thiele, Jr. of the sixteenth District and
State Senator of the 1st district Kenneth P. LaValle
should be present at the meeting. William Bennett stated
we don't need any more statements, or studies, we know
what has to be done, so let's do it. A meeting will be
scheduled in February to discuss the problems of road run
off with Town, County and State personnel.
Joseph D. Rosolino, application for ramp permit was
discussed. Mr. Rosolino uses a company truck owned by J.
Graz, Inc. of Glenwood Landing. Mr. Rosolino is a
taxpayer in the Town of Southampton. Since this is
similar to Richard Stinson case, a motion was made by
Edward Warner, seconded by William Frank and duly carried

-12-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
to allow Joseph D. Rosolino to use his boat trailer
tegistration inleu of the vehicle registration, and must
be kept on the trailer at all times. Mr. Rosolino was
issued Permit No. 134.
A motion was made by William Frank, seconded by Paul
Parash and duly carried to publish the following notice
that the ·Town Holiday for Washington's Birthday falls on
Monday, February 19~ 1990. the date of their regularly
scheduled meeting, therefore, that meeting is cancelled
and there will be only one meeting in February, that one
being on February 5, 1990.
Twelve (12) applications £or permits were received.
Ten (10) applications for permit were approved.
One (1) applications for permit was held.
Two (2) applications for permit were denied.
One ( 1) Mooring permit ,was approved.
one (1) Fyke Permit was approved.
CORRBSPONDANCE:
George Stavropoulos To: Trustees; re: G.E. I.S. Study
Area.
George Stavropoulos To: Trus.tees; re: Cleaning up our
Coastal Waters Conference scheduled for March 12·14, 1990
Town Board To: Trustees; re: Town Board Committee
Assignments. Mr. Warner stated as he has felt in the
past, that the Trustees do not need to be assigned to the

-13-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
Town Board. ·:-hey are elected officials as well as the
Board Members are.
Kenneth H. Thommen To: Trustees Re: the Trustees are
appointed as Special Bay Constables for the year 1990.
John Andersen To: Trustees; Annual Bay Constable
report of 1989.
Road Review Committee, Planning Board To: Trustees
re: two resolution they wished to be passed at this
meeting., A letter will be sent to the Road Review
Committee and the Planning Board stating that the Board of
Trustees will not pass any resolution regarding Trustees
Roads without first obtaining the necessary documents.
Bruce Anderson To: Trustees; re: Dredging of North Sea
Harbor.
NYSDBC, To: Trustees; Re: ClosUre of 65,000 acreas;
including Noyac Creek,
John Andersen, Senior Bay Constable stated he will
order from L. I. Oyster Farm 7,000 scallops with estimated
cost of $2,500. William Frank will place an order of
$1,500 worth of fresh water fish. John Andersen reported
that he found a company that makes the batteries we need
for less than what Saft has been charging for them.

-14-
(Continued, January 17, 1990, BOARD OF TRUSTEES)
A letter will be sent to Joseph Hurley, Commissioner,
Suffolk County, Department of Public Works reque s t'ing the
following areas be dredging for 1990:
1. North Sea Harbor 8' outside
2. Cold Spring Pond 8'

3. Noyac Creek 8' - 10' islands in chan.


4. Wooley Pond 8'

5. Fresh Pond (Herne Oaks) 6'


6. Sag, Harbor Cove 8' main channel
7. Red Creek 8'

8. Middle Pond 6'


9. Far Pond 6'
10. Smith Creek 8' outside
11. Speonk Point Canal 6'
A copy of this will be sent to John Guildi.

The meeting on motion was adjourned.

R~~
w1l1aillBellllet , Sec ret a ry

-15-
(Continued, January 17, 1990, BOARD OF TRUSTEES)

PERMITS ISSUED
PERMIT NO. 5643 is issued to JOAN G~ TORMEY, 9 Dune Road,
Quogue, to replace within 18., 420' navy bulkhead. New
Bulkhead will be 8" higher than existing. The following
conditions apply:
1. The new backfilled grade to finish a minimum of
four inches below the top of the newly installed
bulkhead wall to hinder siltation over the top of
the wall.
·z. Filter cloth backing to be installed on the inside
of the new wall before backfilling to prevent
sedimentation through the wall. '
3. Upon completion of the backfill work, a naturalized
buffer is to be re-established on the disturbed
a'rea (excluding the area surrounding the boat slip)
using plantings that require a minimum of
maintenance and ~0 FERTILIZERS.
Project is located on owner's property off Quantuck Bay,
as per application and survey submitted.
PERMIT NO. 5644 is issued to Michael Sylvester, agent for
SHINNECOCK SHORES ASSOCIATION, Bonita & Whiting Roads,
East Quogue, to re.place 90 1 of existing Bulkhead. The
following conditions apply:
1. The finished top of the replacement bulkheading
shall be a mini•um of four inches above the grade
of the roadbed.
2. Filter cloth shall be installed behind the new wall
prior to backfilling to hinder sedimentation
through the wall.
3. Due to the unusual convergence of Bonita and
Whiting into one roadbed, and a general slope in
the road towards the bay; to further mitigate the
effects of roadway runoff:
a. The area behind the new wall is to be
backfilled with 3/4 inch bluestone aggregate in
lieu of clean sand.
b. The backfilled area is not to be paved.
Project is located on owner's property off Pine Neck,
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5645 is issued to En-Consultants, Inc., agent
for WILLIAM HAMILTON, R.O.W. off Middle Pond Lane,
Southampton to construct a 4' x 130 1 fixed elevated (4'
above grade) walkway from upland to shoreline. Project is
located on owner's property off Far Pond, as per
application and survey submitted.

-16-
(Continued, January 17, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5646 is issued to Inter-Science Research


Associates, Inc., Agent for MICHAEL NAMM, Private Road,
Southampton, to install approximately 165' of 6" water
main, 132' of which will be installed under a narrow
portion of Middle Pond, and construction of associated
improvements. Project is located on owner's property off
Middle Pond, as per application and survey submitted.
PERMIT NO. 5647 is issued to EDWIN & LORETTA THOMPSON, 27
Rampasture Road, Hampton Bays; to construct a 4' x 45'
floating dock (east & west), 4 1 x 40 1 floating dock (north
& south) to form a T, and a Davit on, the north end of the
Bulkhead. Project is located on owner's property of£
Smith Creek, as per application and survey submitted.
PERMIT N'o. 5648 is issued to Bn-Consuit'ants, Inc., agents
for OLGA CARRERAS, Sandgate Lane, Southampton, to
construct a timber dock consisting of a 4' x 100' fixed
elevated (4 1 above grade) walk~ay; 4' x 14' hinged ramp;
6' x 2.0' float. This renewals Permit No. 5423. Project
is located on owner's property o££ Cold Spring Pond, as
per application and·-survey submitted.
PERMIT NO. S649 is issued to DONALD S. SAUSSER, Devon
Place, Southampton, to shorten by 4' an existing dock as
per Perm:i. t No. 2402; and add a 4' x 24' "L" in a we sternly
direction, immediately in front of owners house. As per
aggreem_ent in 1982 with Richard Corwith. Project is
located on owner '·s property ·off Wooley Pond, as per
application and survey submitted.
PERMIT NO. S650 is issued to En-Consultants, Inc., agent
for STANLEY ·COHEN, Rose Hill Road,, Water Mill, to
construct a timber dock consisting of a 4 1 x 18' fixed
elevated (4' above grade) walk, 4' x 12 1 hinged ramp; 6' x
18' float secured by (2) 8 11 diameter _pilings._ Project is
located oil owner' 5 property off Haygtound Cove, as per
application and survey submitted.
PERMIT NO. 5651 is issued to En-COnsultants, IDe., agent
for STEPHEN PEARLBINDER, Potato Road, Sagaponack, to place
stone armor in front of 146 Lf. of existing wood
bulkhead. Purpose of ar•or is to prevent loss of beach in
front of this exposed flank of bulkhead. Project is
located on owner's property of£ At'lantic Ocean, as per
application a.nd survey submitted.

-17-
(Continued, January 17, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5652 is issued RICHARD & ROSE STROFACE, Brick


Kiln Road, Sag Harbor, to construct a 3 1 x 165' catwalk
(4 1 above grade); leading to a 8' x 12' floating dock, and
(2) wooden poles for support. Project is located on
owner's property off Ligonee Brook, as per application and
survey submitted.
APPLICATION FOR PERMIT HELD:

Application for permit for Mockridge General


Contracting Inc., agent for Hidden Cove Resort, 33A Tiana
Road, Hampton Bays was held. An inspection with the Agent
and/or owner will be scheduled.

APPLICATIONS FOR PERMITS DENIED:

Application for permit for John Doughty, Cedar Point


Lane, Sag Harbor, Town of Southampton, request to have the
Trustees dredge Tom's Neck Pond, a finger channel off
Noyac was denied. A lette.r will be sent to Mr. Doughty
stating that if he wishes to dredge the above area he must
obtain a private contractor, and file for said permits.
The cost and responsibility of the above will be of the
homeowners.
Application for permit for Steven L. Mare·sca 6
Associates, agent for David Sawyer, Meadow Lane & Halsey
Neck Lane, Southampton, Town of Southampton, request to
extend existing dock structure with an additional four 4'
x 16 1 floats, and build a 4' x 83' catwalk at grade thru
clearing in phragmites was denied. A letter will be sent
to Steven L. Maresca & Associates stating that the
Trustees feel the additional four 4' x 16 1 floats is
extreme for a residential area, therefore the Trustee will
aloow Mr. Sawyer to obtain a permit for the existing dock
structure, and to construct a 4 1 x 83 1 catwalk (4' above
grade).

MOORING PERMITS APPROVED:

PERMIT NO. 90·41 Is issued to ROBERT VETTER, 30 Carter


Road, Hampton Bays, to place a 265 lbs. mushroom anchor
mooring and buoy for a Columbia Sloop (Reg. No. NY9633EX),
in Red Creek Pond, under the direction of Bay Constable
Ken Malone.

·18-
FEBRUARY 5, 1990

THE REGULAR MEETlNG OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, FEBRUARY 5, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William Bennett, William T. Frank, Patrick A. Heaney and
Deputy Town Attorney John Wourgola.
The .minutes of January 17, 1990, were read, amended,
and approved as amended.
A motion was made by Edward Warner, Seconded by
William Frank and duly carried to pass the following
resolution:
Resolved, that Edward J. Warner, President, hereby is
authorized to execute an easement a·greement with the
County of· Suffolk. Said easement is for the purpose of
allowing the County of Suffolk to transfer the easement
rights to the U.S. Army Corps. o£ Engineers and/or the
State of New York in connection with the· Shinnecock. Inlet
Navigation Project.
Jim Doyle and Jack Reynolds, members of the West Lake
Home Owners Association in Westhampton were present to
request the Trustees accept the deed for Beaver Lake,
Westhampton. A lengthy discussion followed. This Will be
addressed at the March 5, 1990 meeting.
Thomas Rosko, of Bridgehampton, was present to discuss

-19-
(Continues, February S, 1990, BOARD OF TRUSTEES)
his application before the Road Review Committee,
Application location is on Old Sag Harbor Road, a
Trustees• road, John Wourgola stated that the Trustees
are revamping the whole procedure on Trustees' Roads. The
following Road Review Applications for Trustees Roads are
placed on hold:
Thomas Goleski, Old Sag Harbor Road, Bridgehampton.
Thomas & Laurie Leonard, Little Noyac Path &Old Sag
Ha~bor Road, Bridgehampton.
Thomas Rosko, Old Sag Harbor Road, Bridgehampton.
David Schiavoni, Noyac Path, Bridgehampton.
Jean M. Spears, Little Noyack Path, Bridgehampton.
The application will be on hold for a short time. John
Johnsen will provide materials for the March 5, 1990
meeting.
At 2 p.m., Bids were opened for 1 - 1990 Four Wheel
Drive Vehicle Bids received were as Follows:
Bob Despres Cassel Truck Sales Corporation
550 North Ocean Avenue, P.O. Box 190
Patchogue, New York 11772
$17,550.00

Brad Badal Major Chevrolet, Inc.


43-40 Northern Blvd
Long Island City, New York 11101
$17,449.00

-20-
(Continues, February S, 1990, BOARD OF TRUSTEES)
Dwight Lawton Pape Chevrolet
370 Oakwood Road
Huntington Station, New York 11746
$16,9:10.00

Larry Lenichan P/J Chevrolet Inc.


6233 Jericho Turnpike
Commack, New York 11725
$17,795.00

Bill Yawney Yawney Motors, Inc.


16 Hill Street, P.O. Box 1424
Southampton, New York 11968-1424
$16,772.00

A motion was made by William Bennett, seconded by


William Frank, and duly carried to accept the bid of
Yawney Motors, Inc. as the low bidder meeting
specifications.
A meeting will be scheduled for March 1, at 2:00 p.m.
to discuss Road Run Off. The following will be asked to
attend: Councilman Pat Heaney, Highway Superintend'ent
William Masterson, Town Engineer John Johnsen, Town
Planner .David Emilita, Bruce Anderson of Natural
Resources, Roy Wines of the Planning Board, and
Christopher Smith of Cornell Cooperative Extension.
William Bennett stated that he attended the State
(Continues, February 5, 1990, BOARD OF TRUSTEES)
Shellfish Advisory Committee Meeting. He was appointed to
a subcommittee who would investigate the establishment of
a purification facility on Long Island. The purification
facility would be centrally located. possibly Patchogue.
A motion was made by William Frank, Seconded by Edward
Warner and duly carried to purchase 1 Radar Gun for
ordinance enforcement, John Andersen, Senior Bay
Constable will check with Town Police to see if we can get
better prices.
William Frank stated that Sagg Pond is very high and
needs to be opened. A motion was made by William Frank,
seconded by Edward Warner and duly carried to open Sagg
Pond as soon as possible. Cliff Foster, Diversified
Services and the New York State DEC will be notified.
Fifteen (15) Applications for permit were received.
Three (3) Applications for permit were held.
One (1) Application for permit was denied.
One (1) Application for Pot permit was received.
Seven (7) Mooring permit was approved.
CORRESPONDANCE:
S.C. Legislator Fred W. Thiele Re: National Estuary
Designation for Peconic Bay System, February 16, 1990 at
10:00 a.m. Patrick Heaney will attend.
NYSDEC Re: Off-Bottom Culture of Shellfish Permit No.
03-06~T for 1990, for Southampton Town Trustees.

-22-
(Continues, February S, 1990, BOARD OF TRUSTEES)
NYSDEC Re: Thanking for recent report sent (1989
Shellfish program).
George Stavropoulos, Supervisor Re: Barth Day Meeting.
Craig Furrer, Comptroller Re ~ Capitol Project
Requirements meeting February 16, 1990 at 2:00 p.m.
John Green~ Colony Club of Southampton Shores Re:
Maintenance Dredging of Wooley Pond Inlet.
Dorothea Donaldson cc: Trustees Re: Standard
ClassifiCation Codes.
John Andersen, Senior Bay Constable asked the Board to
pass a resolution regarding the Bay Constables and
Maintenance Men vacation ti111e and the time the Bay
Constables work weekends, due to some incident that
occurred within the department.
A motion was made by Edward Warner, second by William
Frank, and duly carried to pass the following resolutions:
Resolved, that the southampton Town Trustees
Maintenance Men will not be allowed to take vacati"on
between Apri 1 1 through June 1 and then again between
October 15 through November 15.
Resolved, that the Southampton Town Trustees Bay
Constables will work weekends between May 15 through
October 15.
Resolved, that the Southampton Town Trustees Bay
Constables will not be allowed to take vacation between
June 15 through September 15.

-Z3-
(Continues, February 5, 1990, BOARD OF TRUSTEES)
John Andersen, Senior Bay Constable reported the Peace
Officer School for Bay Constable's Dale Petruska and
Stuart Rose is slated for March 26 - April 20, 1990. The
Town Board will hold a Public Hearing for Ordinance 20, at
their February 27, 1990 meeting. John Andersen and Ted
Sadleir will attend. Bill Edgar is donating docks for the
clam racks again this year. Mr. Andersen is authorized to
spend under $250.00 for pipe, and hardware. The Trustees
Rules aud Regulations book needs to be revised before
placing an order for them. The Commercial Haulers ramp
fees were brought to John Andersen's attention. The
Commercial Haulers request the Trustees to lower their
fees to $100.00 instead of $200.00 per vehicle, per year.
The Trustees stated that the fees would remain the same.
Chris Kohnken is trying to fix the battery charger.
John Andersen stated that the Police Department was
applying for a Grant from the State for Marine Enforcement
Agencies. The Grant allows up to $20,000. It could be
used for a new vessel in Shinnecock Bay. The Police
Department could not apply because it states in the Grant
the agency must be pre-existing, which we are. William
Frank told Constable Andersen to check all the conditions
before applying.
Bay Constable Chris Kohnken reported that property
owned by Michael Reinhardt has a pipe in the ground
leading to Wooley Pond. At this time it is not believed
to be from the Cesspool. A letter was written requesting
Mr. Reinhardt to remove same.

-24-
(Continues 1 February 5, 1990, BOARD OF TRUSTEES)
William Bennett brought in some oysters he found in
Mecox Bay. The Trustees requested John Andersen and a Bay
Constable on a good day this week, go and check the
oysters in Mecox Bay.
Edward Warner asked Patrick Heaney to be on the
Shellfish Advisory Committee with William Bennett.
Patrick Heaney excepted the position. He replaces
ex-Trustee Frank Smith. The Trustees will schedule a
shellfish meeting with the Baymen on March 1, at 7:30 p.m.
Edward Warner questiqned John Wourgola on the Towd
Point bridge and dock. John Wourgola requested it be
discussed in Executive Session.
Donald Sausser brought to Edward Warner's attention
that a bulkhead in Bast Quogue had to be replaced after 5
years. The reason being, the proper pressure treated CCA
bUlkhead material was not used. Mr. Warner suggested the
Board think of making an amendment to the Rules and
Regulatibns stating that all CCA components have a minimum
treatment of 2.5 lbs of treatment per cubic foot and 3/4 11
Tie Rods be used.
A motion was made by Edward Warner, second by William
Frank, and duly carried to name a small sand island west
of Ponquogue Bridge in Shinnecock Bay Trustees Island.
The meeting on motion was adjourned.
Respectfully submitted,

PERMITS ISSUED:

PBRMIT NO. 5653 is issued to Glenn B. Just/J.M.O.


Consultlng, agent for RONALD ROSENTHAL, 12 Dune Road,
Westhampton Beach, to construct a 4' x 290' catwalk. ( 4'
above grade), a 4' x 15 ramp, and a 6 1 x 20' float.
Project is loCated on owner's· property off Quantock Bay,
as per application and survey submitted.
PJ;!RMIT NO. 5654 is issued to En-Consultants, Inc., agent
for PETER DAMONB, Quantuck Bay Road (R. o. W.), Quiogue, to
construct a 4 1 x 120' catwalk. (4' above grade), 3 1 x 12
ramp, and a 6' x 20' float secured by (2.) 811 diameter
pilings on a 15' R.O.W. Project is located on R.O.W. off
Quantock Creek, as per application and survey submitted.
PERMIT NO. 56SS is issued to Glenn B. Just/J .M.O.
Consultlng, agent for FRANK DIFAZIO, Aesop's Neck Lane
(R.O.W.), Quogue, to construct a 4 1 x ?S' catwalk (4 1
above grade), a 4 1 x 12 ramp, and a 6' x 20' float.
Project is located on R.O.W. off Quantuck Bay, as per
application and survey submitted.

-25-
(Continues, February S, 1990, BOARD OF TRUSTEES)

is issued to Mockridge General


agent for Hidden Cove Resort, 33A West
Hainpt;on Bays, to remove and replace 498+ 1£ of
existing bulkhead. Project is located on owner's p"'toperty
off Pond off Tiana Bay, as per application and survey
submitted.
PERMIT NO. 5657 is issued to PETER & MARGARET CIMILUCCA, 7
Hyler Drive, Hampton Bays, to maintenance dredge be bind
bulkhead, an area 102 1 long x 8' wide x 4' deep. Spoil to
be trucked to an upland site, Project is located on
owner's property in a private lagoon off Tiana Bay, as per
application and survey submitted.
PERMIT NO. 5658 is issued to DUNCAN & DOLORES MCGILVRAY, 3
Hyler Drive, Hampton Bays, to maintenance dredge behind
bulkhead, an area 65 1 x 25 1 to a depth of 4 1 at MLW.
Spoil to be trucked to an upland site. Project is located
on owner's property in a private lagoon off Tiana Bay, as
per application and survey submitted.
PERMIT NO. 5659 is issued to GEORGE J. MELLINA, 5 Hyler
Drive, Hampton Bays, to maintenance dredge behind
bulkhead, an area 100' x 8' to a depth of 4 1 at MLW.
Spoil to be placed on an upland site. Project is located
on owner's property in a private lagoon off Tiana Bay, as
per application and survey submitted.
PERMIT NO. 5660 is issued to C, Roger Meeker, Chief
Eng1neer, agent for Suffolk County, Department of Public
Works, for reconstruction of Fish Cove Bridge, Town of
Southampton.
PERMIT. NO. 5661 is issued to C. Roger Meeker, Chief
Engineer, agent for Suffolk County, Department of Public
Works, for the Stone Slope Protection on Montauk Highway,
Shinnecock Hills, Town of Southampton.
PERMIT NO. 5662 is issued to En-Consultants, Inc., agent
for NiCHOLAS SCHICK, 19 Cold Spring Court, Southampton, to
construct a 4 1 x 28 1 catwalk (4 1 above grade), 4' x 12 1
hinged ramp, and a 6 1 x 16 1 float secured by a (2) 8"
diameter pilings. Project is located on owner's property
off Cold Spring Pond, as per application and survey
submitted.

-26-
(Continues, February 5, 1990, BOARD OF TRUSTEES)

APPLICATIONS FOR PERMITS HELD:

Application for permit from Glenn E. Just/J.M.O.


Consulting, agent for RONALD ROSENTHAL, Stone Lane,
Quogue, to create a 30 1 x 30' boat basin by excavating a
1
30 x 30' area, which is landward of an existing timber
bulkhead to a depth of 4 1 at MLW, constructing a 90'
bulkhead and removing 30' of · e_xisting bulkhead to allow
access to Stone Creek, held for the Ne.w York State DEC
determination, a survey (no more than (one} 1 year old),
accurate location of the Tennis court and of the proposed
deck and walkway, and accurate location and sideyard
setbacks for the proposed boat basin.
Application for perm.it from En-Consultants, Inc., agent
for Lawr'ence Ruisi, Cold Spring Point Road, Southampton,
to rebuild an existing boat slip as follows: remove (2)
outer wings; on east and west walls, remove and replace
29 1 and (2) 32 1 bulkheads. construct· a 3 1 x 29', (2) 3 1 x
32' catwalks on top of bulkheads. To dredge a 10 c.y.
area. Is on hold for an updated survey and all previous
owners of the property.
Application for permit from Costello Marine Contracting
Corp., agent for RONALD SYLVESTER, Pine Neck Road~ Noyac,
Sag Harbor 9 to construct a 4 1 x 30 1 fixed dock, 4 1 x 30 1
fixed catwalk 9 (1) 6 1 x 20' float dock, (1) 3' x 16 1 ramp,
with (2) 2-pile support dolphins and (2) sets of stair
attached to catwalk was held • . Mr. Sylve·ster was told the
Trustees would approve a 4' x 30' catwalk. (from bulkh.ead),
4' x 30 1 floating dock, 3 1 x 16 1 floating dock, and a 6' _x
20 1 floating dock at the end of the 30' dock to form a "T".

APPLICATIONS FOR PERMITS DENIE.D:

Application for permit ~rom En-Consultants, Inc., agent


for GARY TWBED, Robertson Drive, North Haven, to construct
a 4 1 x 90' catwalk, 6 1 x 96' fixed dock (E-W), 6 1 x 32'
angled fixed sec.tion, 6' x 32' fixed section (N-S) with a
S 1 x 32' stepdown. platform was denied. Applicant and/or
agent must receive permits from the other government
agencies before re-appling his application for permit to
this department.

·27-
(Continues, February S, 1990• BOARD OF TRUSTEES)
POT PERMITS ISSUED:

PERMIT NO. PT17 is issuP.d to Robert Weinreb, 77 Lake


Drive, Bay View Oaks, Southampton, to place pots in the
Town of Southampton waters for 1990.

MOORING PERMI1S ISSUED:

PERMIT NO, 90-42 is issued to BRUCE ANDERSON,


Environmentalist II, Town of Southampton, to place a 40
lbs. standard nautical grapple and buoy in Big Fresh Pond
(as per survey submitted), in order to obtain more
reliable information on water quality. under the direction
of Board. of Trustees.

PERMIT NO. 90-43 is issued to FRED BAUER, West Landing


Road, Hampton Bays, to place wooden stakes for a 16 1 Dory
(Reg. No. NYS303GJ), in Red Creek Pond, under the
direction of Bay Constable Ken Malone.
PERMIT NO, 90-44 is issued to JOSEPH T. LAWRENCE, Indian
Run Road, East Quogue, to place a 100 lbs. mushroom anchor
mooring and buoy for a 18 1 Century Bronco (Reg. No.
NY0009JS), in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.
PERMIT NO. 90-45 is issued to ROBERT OLDEACK, 50 Donellan
Road, Hampton Bays, to place a 150 lbs. mushroom anchor
mooring and buoy for a 24' Kells Kittywake (Reg. No.
NYS317GJ), in Bullhead Bay, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO. 90-46 is issued to GUIDE W, SCHULER 22
Hawthorne Road, Southampton, to place a 200 lbs. mushroom
anchor 111ooring and buoy for a 19' Grady White (Reg. No.
NY9874PG), in Shinnecock Bay, under the direction of Bay
Constable Dale Petruska.
PERMIT NO. 90-47 is issued to LOUIS J, TUZZI, Noyac Road &
Hearne Place, Rose Grove, Southampton, to place wooden
stakes for a 14' M.P.G. Tri-Hull (Reg. No. NY4252CB), in
Fresh Pond (Bay View Oaks), under the direction of Bay
Constable Chris Kohnken.
PERMIT NO. 90-48 is issued to JOEL WEINSTOCK, 129 Little
Neck Road, Southampton, to place a 200 lbs. mushroom
anchor mooring and buoy for a 24 1 Bayliner (Reg. No.
NY4901FL), in Middle Pond, under the direction of Bay
Constable Dale Petruska.

-28-
MARCH 1, 1990

A SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TRUSTEES OFFICE, TOWN HALL ON THURSDAY,
MARCH 1, 1990, AT 1:30 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank, a·nd
Patrick A, Heaney and Deputy Town AttorneY John M.

Wourgola,.
In response to the letter received from Ronald Grinblat
on February 20, 1990, a Special Meeting of the 'Board of
Trustees was called to start an action against Mr.
Grinblat.
A motion was made by William Frank, seconded by Patrick
Heaney and duly carried to pass the following resolution:
RESOLVED: that the Town Attorney's Office, be and
hereby is authorized to commence an action in the State
Supreme Court against Ronald Grinblat, to compel removal
of encroaching structures at Mermaid Lane, East Quogue.

The meeting on motion was adjourned.

Respectfully submitted,

-29-
MI\RCH 5, 1990

THE REGULI\R MEETING OF THE BOI\RD OF TRUSTEES OF THE


FREEHOLDERS 1\ND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDI\Y, MI\RCH 5, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J, Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank, and

Patrick A. Heaney and Deputy Town Attorney John M.


Wourgola•.
The minutes of the regular meeting of February 5,
1990, and the special meeting of March 1, 1990 were read,
and approved as read.
Edward Warner stated that he had a discussion with the
Union representatives regarding the resolutions on the Bay
Constables and Maintenance men. Due to that meeting, a
motion was made by Edward Warner, second by Paul Parasb
and duly carried to rescind the resolution that was passed
on February 5, 1990 regarding t·he vacation times of the
Bay Constables and Maintenance men, and the times the Bay
Constables must work weekends.

A motion was made by Edward Warner, second by William


Bennett, and duly carried to rescind the resolution regard
the naming of an island "Trustees Island". This happened
to be the wrong island. The island named already is known
as Gull Island.

-30-
{Continues. March 5, 1990, BOARD OF TRUSTEES)
William Frank stated Sagg is open and running due to
nature. Mecox is closed.
Patrick Heaney asked John Andersen about the Grant
conditions, from the State Marine Enforcement Agent. John
Andersen explained that the Supervisor and the Town
Attorneys object to the wording. It states the town will
pay for the new equipment. They then submit a bi 11 to be
paid by the State. The town would have to wait until 1992
until they were reimbursed.
William Bennett asked John Andersen about the Town
Board Hearing regarding Ordinance 20. John stated that
they would open Ocean beaches at 6:00 p.m. Leave them
open in the winter, except for emergency closings. John
Andersen explained that he has talked with Ted Sharretts
regard-ing this. John plans on presenting this to the Town
Board again on March 13, 1990. Also noted was the
Councilman Jim Needham would like to ban jet skies and sea
planes from Southampton Town Waters.
A motion was made by Edward Warner, second by William
Bennett and duly carried to publish the following Public
Notice: TAKE NOTICE, that a PUBLIC HEARING will· be held

by the BOARD OF TRUSTEES OF THE FREEHOLDERS AND COMMONALTY

OF THE TOWN OF SOUTHAMPTON on March, 19, 1990 at 3:00

p.m., or as soon there after can be heard, at the


Southampton Town Ha 11, 116 Hampton Road, Southampton, New
York, to hear all persons either for or against the
(Continues, March S, 1990, 'BOARD OF TRUSTEES)
acceptance of a Deed of Dedication, offered by the
Westhampton Associates to said Trustees, for Beaver Dam
Pond and a parcel of land fronting on said Pond, labelled
as Park on the Proposed Subdivision Map of Lakeside at
Westhampton, Situate at Westhampton.
Roy Haje, En·Consultants and Ron Barnish, South Shore
Docks were present to discuss the application for permit
of Mr. Stark. Mr. Bennett will meet with Ron Barnish
tomorrow. March 6th at 10:00 a.m. at job site.
At 2 p.m., 'Bids were opened for 1 1990 Four Wheel
Drive Vehicle with 1984 Four .Wheel Drive Bronco trade·in.
Bids received were as follows:
Dwight Lawton Pape Chevrolet
370 Oakwood Road
Huntington Station 11746
$13,003.00
Bill Yawney Yawney Motors
16 Hill Street
Southampton, New York 11968
$14,583.00
Paul Llobell South Shore Motors
620 Johnson Avenue
Bohemiat New York 11716
$15,435.00
A motion was made by Paul Parash, seconded by Patrick
Heaney, and duly carried to accept the bid of Pape
Chevrolet, as the low bidder meeting specifications.

-32-
(Continues, March S, 1990, BOARD OF TRUSTEES)
John Johnsen, Town Engineer was present to discuss the
re-vamping of Trustees Roads. John Johnsen did an
analysis of Noyac Path from Cooks to Mill Stone. 13,000'.
The map identified each lot, the number of homes, and a
zoning map (how many potential lots), also it outlined the
GElS area. Esttm·ate that it would cost $50.00 per foot.
Patrick Heaney asked what the size was of the road. John
stated the size for the cost was figured at 26' ·width, but
it was passed. by the Town Board that the Highway
Department may except a road 20 1 or more in width. John
Wourgola asked if the T.rustees identified their worst
roads, could it then be turned over to the Highway
Department for an assessment district. John Johnsen
replied there would be some for and against it. The Town
would then take on the responsibility for a new assessment
district.
John Johnsen stated be would get back to the Trustees
regarding North Sea Harbor and Fish Cove Road Run Off
Project. It was noted that a Road Run Off Meeting is
slated for Thursday, March 15, 1990~ at 2:30 p.m.
Twenty Two (22) applications for permits were received.
Sixteen (16) applications for permit were approved.
Five (S) applications for permit was held.
Six (6) Mooring permits were approved.
Six (6) Fyke PermitS were approved.

-33-
(Continues, March S, 1990, BOARD OF TRUSTEES)
CORRESPONDANCE:
N.Y.S.D.E.C. cc: Trustees re: Dredging Romana Canal
Nl-4736-00140/00001-0.
En~Consultants to: N.Y.S.D.E.C. cc: Trustees re:
Romana Canal Hl-4736-00140/00001-0.
Department of State to: En-consultants cc: Trustees
re: Romana Canal #89~1142-Ll.

Matthew & Angela Drozdof£ to: U.S. Army Corp. of


Engineer's cc: Trustees re: Romana Canal, Public Notice No.
13900-89-1142-Ll.
N.Y.S.D.E.C. cc: Trustees re: Dredging Romana Canal
fl-4736-00140/00001-0. Notice of lncomplete Application.
N.Y.S.D.E.C. to: Trustees re: Noyac Creek open
seasonally (OPEN December 1 -April 30th).
Gordon Colvin, N.Y.S.D.E.C. to: Trustees re: Oyster
Pond, Montauk.
Charles Guthrie to: Trustees re: Electrofishing in
Wildwood Lake. A letter will be sent.
Ronald Grinblat to: Trustees re: Enchroachment on
Mermaid Lane. See Special Meeting minutes.
Southampton Cove Owners Association to: Trustees re:
Dredging of Fish Cove. A reply will be sent with a copy
of the Road Run Off Minutes.
Southampton Cove Owners Association cc: Trustees re:
Road Run Off.
Peter Corwith, Friends of Lake Nowedonah re: Road Run
Off on Lake Nowedonah. A reply will be sent with a copy

-34-
(Continues, March 5, 1990, BOARD OF TRUSTEES)
of the Road Run Off Minutes.
Larry Wojcik, President, Hampton's Surf Fishing Club
re: Ordinance 20, regarding the beaches, A motion was
made by Paul Parash, second by William Frank, and duly
carried to amend Ordinarice 20 to read: 20-30 Motor
Vehicles. section A. It shall be unlawful for any person
to drive or operate a motor vehicle on bay beach areas or
on ocean beach areas between the Friday immediately
preceding Memorial Day and the 15th day of September in
each year between 9:00 a.m. and 6:00 p.m. Notwithstanding
the foregoing, no vehicles shall be allowed on Foster
Memorial Beach (commonly known as Long Beach, Noyac) at
any time from May 15th to September 15th. (Note:
exceptions in paragraphs J,K,L, and M). John Andersen
will address his letter wlth the other received regarding
this section.
Frank Smith to: Trustees re: Map of Southampton Town.
John Johnsen gave the Board of Trustees an Engineering
Evaluation and Estimates for Trustees ramps. (Bay Avenue,
East Quogue; Bay Avenue, Eastport; Mill Creek, Noyac; West
Neck, North Sea; Old Fort Pond, Southampton, and Baycrest
Avenue, Westhampton.)
Bruce Anderson to: Trustees re: Coastal Conference.
J.M.O. Consulting to: Trustees re: address change.
A motion was made by Paul Parash, second by Edward
Warner, and duly carried to pay the following from
Trustees' checking account:

-35-
(Continues, March S, 1990, BOARD OF TRUSTEES)
Dolliver Associate - Survey of w/s North Sea Road
north side of Lake Drive, North Sea $1,750.00
Kustom Electronics, Inc. - Radar Gun $1,569.50
Growing Wild Publications - book regarding Long Island
Native Plants for Landscaping $1Z.95
John Andersen reported that the Parks Department
offered to supply men for building needed. He is
authorized to get the spec s for the building s·o it may go
1

out to bid. Also reported that Power Plus does not have
all the batteries at the present time but will shipped
within two months. He ordered ammunition from the County
Bid, needed for the Bay Constables to attend school.
Asked to purchase stencils for the signs should last 4-S
years. Inform.ed Trustees of the Law Enforcement Advance
School to be held April 30 through May 3rd. Senior Bay
Constable John Andersen and Bay Constable Ken Malone will
attend. The cost of the school will be charge to the
Trustees Account.
Patrick Heaney reported on the meeting he attended on
Peconic Bay National Estuary Designation Scooping Meeting.
William Bennett stated that a member of the Planning
Board addressed him regarding Bird Nesting Signs. A
motion was made by William Bennett, second by William
Frank and duly carried to have a half dozen sign regarding
Nesting Birds posted in Stokes Marsh, Westhampton.
William Frank stated he ordered 750 Brown and Brook
Trout from Cold Spring Harbor Hatchery. They should
arrive the beginning Of April.
-36-
(Continues, March 5, 1990, BOARD OF TRUSTEES)
Edward Warner addressed the letter from Supervisor
George Stavropoulos regarding No Smoking Policy. A motion
was made by Patrick Heaney, second by William Frank and
duly carried to pass the following resolutions:
RESOLVED: that the Southampton Town Trustees 0:££ ice·,
located at Town Hall, 116 Hampton Road, Southampton, New
York be and hereby is declared from this day forth to be
NO SMOKING AREA.
RESOLVED: that the Southampton Town Trustees Bay
Constable's and Maintenance Men Buildings on Jackson
Avenue, Hampton Bays, and the vehicles and vessels of the
Town Trustees be and hereby is declared from this day
Forth to be SMOKING AREA.

The meeting on motion was adjourned.

Respectfully submitted,

PERMITS ISSUED

PERMIT NO. 5664 is issued to Mike Bottini, Group for the


South Fork & The Nature Conservancy, to. place an Osprey
Pole and Platform on the upland area, the Stokes Marsh,
adjacent to Moriches Bay, near the CJ?rner of Halsey Road
and Bayview Road, Remsenberg. Project is located on Town
Trustees property off Stokes Marsh·, Moriches Bay, as per
application and survey submitted.

-37-
(Continues, March 5, 1990, BOARD OF TRUSTEES)
PERMIT NO. 5665 is issued to Mike Bottini, Group for the
South Fork & The Nature Conservancy, to relocate an
Osprey Pole and Platform on the upland area, adjacent to
Cold Spring Pond, n/s of Cold Spring Pond, near w/e of
Cold Spring Road, Southampton. Project is located on Town
Trustees property off Cold Spring Pond, as per application
and survey submitted.
PERMIT NO. 5666 is issued to En-Consultants, Inc., agent
for ANTHONY BEVACQUA, Pne Tree Road, Westhampton, to
replace (within 18 11 ) 175+ l.f. of existing timber bulkhead
and backfill with 10 c.f. of clean loam to be trucked in
from upland source. Project is located on owner's
property off Moriches Bay, as per application and survey
submitted.
PERMIT NO. 5667 is issued to En-Consultants, Inc., agent
for JOAN SIMES, Duck Point Road, Remsenburg, to replace
(within 18 11 ) 200+ l.f. of existing timber bulkhead along
canal side. Project is located on owner's property off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 5668 is issued to En-Consultants, Inc., agent
for HUGH & LINDA GLADSTONE, Fiddler Crab Trail,
Westhampton, to renew Permit No. 5445 for a period of 1
year. Project is located on owner's property off
Beaverdam Creek, as per application and survey submitted.
PERMIT NO. 566_9 is issued to En-Consultants, Inc., agent
for MICHAEL MARESCA, 38 Cedar Lane, Remsenburg, to revise
Permit N·o. 5580 to construct the dock off the easternly
side of the existin'f slip rather than the westerly as had
been approved. Project is located on owner's property
off Basket Neck Pond, as per application and survey
submitted.
PBRMIT NO. 5670 is issued to En-Consultants, Inc. • agent
for JACK E. MAURER (R,O.W.), owner Paula K. Fiedler, 545
Main Street, Quiogue, to construct a timber dock
consisting of a 4 1 x 70 1 catwalk (4 1 above grade); 4 1 x
14 1 hinged ramp; and 6' x ZO' float secured by (2) 8"
diameter pilings. Project is located on owner's property
off Quatuck Bayt as per application and survey submitted.
PERMIT NO. 5671 is issued to J,M,O, Consulting, agent for
RICHARD c. IMBERT, Shotgun Lane (Lots 49 & 50),
Remsenburg, to extend Permit No. 5369, for one year.
Project is located on owner's property off Speonk River,
as per application and survey submitted.
PERMIT NO. 5672 is issued to J,M,O. Consulting, agent for
JOHN & RAQUEL BAKER, Stone Lane, Quogue, to construct a 4'
x 50 1 catwalk (4' above grade), a 4 1 x 12' hinged ramp,
and a 6 1 x 20' float. The fixed portion of the walkway
-38-
(Continues, March S, 1990, BOARD OF TRUSTEES)
shall extend a maximum of 15 lineal feet seaward of the
MLW mark as indicated on the J.M.O. drawing submitted with
application. Due to placement of the proposed dock, ramp,
and float, and the narrow configuration of the property,
only one boat shall be docked at the permitted structure
and will not hinder navigation or interfere with another
property owner's rights on Stone Creek. Project is
located on owner's property off Stone Creek, as per
application and survey submitted.
PERMIT NO. 5673 is issued to Harbor Marine Construction,
inc., agent ·for. THOMAS NASTASI, 29 Tarpon Road, East
Quogue, to renew Permit No. 5403 for a period of one
year. Project is located on owner's property off Private
Dug Canal, off Shinnecock Bay, as per application and
survey submitted.
PERMJT NO. 5674 is issued to En-Consultants, Inc., agent
for LAWRENCE HOKE, Huntington Lane, Flanders, to construct
a timber dock consiting of 4' x 100' elevated (4 1 above
grade) walk, leading to a 4 1 x 12' hinged ramp, (2) 6' x
16' floats secured by (2) 8 11 diameter pilings, plus (2) 6 1
x 16 1 floats at outer end in "T" arrangement secured by
(2) au diameter pilings. The following conditions apply:
t~e fixed portion of the dock is presently varied in
height from 4.5' to +/- 6' above grade; the ·existing
walkway is to lowered so that ~.t is 4' above grade; since
part of the·· platform e;x;tends over deciduous marsh elder· as
well as spartina grasSes, the spacing between walkway
planks is to be one inch, in order to maintain some
sunlight on the plants .below; the fixed portion of the
platform as measured from MHW indicated on the drawing is
not to exceed 40. lineal feet seaward. Project is located
on owner's property off Reeves Bay, as per application and
survey submitted,
PERMIT NO. 5676 is isSued to Maurice P. Fitzgerald 1 agent
for LONG ISLANP LIGHTING COMPANY, 1660 'Walt Whitman Road,
Melville, to construct a 6"9 kv pipe .. type cable system
(underground) including submarine crossing at Sag Harbor
Cove and Tyndal Point North Haven, Town of Southampton.
The six inch pipe conduits will be installed five feet
below the submarine bottom. Project is located on
Trustees property, as per application and survey submitted.
PBRMIT NO. 5677 is issued to Int·er-Science Research
Assoc1ates~ lnc., agent for OLIVER'S COVE ASSOCIATION,
Olivers Cove Lane, Water Mill, to construct a 4 1 x 18'
fixed dock attaching to the existing 4' x 18' fixed dock;
and construct a 6' x 24' L~ending floating dock onto an 6'
x 24 1 existing dock; install 14 tie o££ poles. The
existing dock consists of a 4' x 18' fixed dock, a 5 1 x

-39-
(Continues, March 5, 1990, BOARD OF TRUSTEES)
48' fixed dock, and a 6 1 x 24' floating dock.. Project is
located on owner's property off Hayground Bay, as per
application and survey submitted,
PERMIT NO. 5678 is issued to Costello Marine Contracting
Corp., agent for RONALD SYLVESTER, Pine Neck Road, Noyac,
Sag Harbor, to construct a 4' x 30' fixed timber main dock
seaward from existing bulkhead; 4 1 x 28' ramp; 6' x 20 1
floating dock; 6' x 20' floating dock in nL" shape
northward from 6' x 20 1 floating dock. all floating docks
and ramps to be removed in winter months. 2 stairways 5'
wide for pass & repass attached to catwalk. Project is
located on owner's property off Mill Creek, as per
application and survey submitted.
PERMIT NO. 5679 is issued to Proper-T Services, agent for
FRANK J~ MCKASTY• 438 Harbor Drive, Sag Harbor, to
construct an open pile fixed walkway and dock 4 1 x 84 1
seaward from upland retaining wall ( 4 above grade), a 4 1
1

x 6' walkway landward to connect to 84 1 walkway and dock.


All metal retaining wall to be removed. No beach stones
or rocks are to be removed. Construct a 82 1 concreat
clock retaining wall. Construct a 5 1 wide staircase for
pass and repass attached to catwalk. Project is located
on owner's property off Sag Harbor Cove, as per
application and survey submitted.
PERMIT NO. 5680 is issued to Roy Harrison, agent for
DELPHINE &JULIAN COVELL, Nautilus Drive, Hampton Bays, to
remove and replace approx 6 2 11 x 8 1 x 10 11 sheathing boards
on face of existing bulkhead. Repairs to existing
structure to retain fill behind bulkhead. Project is
located on owner's property off Shinnecock Bay, as per
application and survey submitted.

APPLICATION FOR PERMIT HELD:

Application for permit from Leonard A. Napoli, agent


for PINE NECK LANDING ASSOCIATION, Landing Lane, East
Quogue, to maintenance dredge 60! c.y. held for an updated
survey.

Application for permit from Michael Sylvester, agent


for DR. JOSEPH GOLATO, 29 Nautilus Drive, Hampton Bays to
replace 120' timber bulkhead held for discussion with
Sylvester ~egarding north east ramp.
Application for permit from ROBERT HUGEL, Lake Drive,
Bay View Oaks, Southampton to rebuild dock 208 1 held for
an updated survey.

-40-
(Continues, March S, 1990, BOARD OF TRUSTEES)

Application for permit from En-Consultants, Inc., agent


for MICHAEL REINHARDT, Private Road of£ Noyac Road, North
Sea to remove and replace 20 1. f. bulkhead was place on
hold until Mr. Reinhardt removes pipe as per letter
received March 1, 1990.
Application for permit from FREDRICK & BETTINA STELLE,
Actors_ Colony Road, Sag Harbor to build a 6 1 x 200 •. dock
and a 6 1 x 15' platform was placed on hold until owner
obtains permits from other agenties.
MOORING PERMITS APPROVED:

PERMIT t{O.• 90-49 is issued to Robert Achs, Hillover Lane,


Sag Harbor, to place a 300 lbs, mushroom anchor mooring
and buoy for a 24 1 sloop (Reg. No. NY3463PN), in Mill
Creek lof£ .Pine Neck), under the direction of Bay
Constable Chris Kohnken.
PERMIT NO. 90-50 is issued to Carl M. James·, Eastport, to
place a 250 lbs. mushroom anchor mooring and buoy for a
28' sailboat (Doc. No. 911217), in lled Creek, under the
direction of Bay Constable Ken Mal.one.
PBRMIT NOo 90-Sl is is~ued to Linda Ki.pp, Baywood Drive,
Hampton Bays, to place a 2·00 lbs~ muShroom. anchor mooring
and buoy for a Z6' sailboat (Reg. No. ;z;sPW), in Red
Creek, under the direction of Bay Constable Ken Malone.
PERMIT NO. 90-52 is issued to Stephen F. McLoughlin, 477
Hampton Road, Sag Harbort to place ·a 100 lbsG mushroom
anchor mooring and buoy for a 20 1 Renken (Reg. No.
) ~ in Mill Creek, under the direction of Bay Constable
Chris Kohnken"
PBRMIT NO~ 90~53 is issued to John Rose, 28 Nassau Street,
Flanders, to place a 250 lbs. mushroom anchor mooring and
buoy for a 36 1 sloop (Doc. No. 605624), in Red Creek,
under the direction ·o£ Bay Constable Ken MalOne.
PERMIT NO. 90-54 is issued to Edward T. Swanton, 389
Sunset Drive, Baypoint, Sag Harbor, to place a 200 lbs.
mushroom anchor mooring and buoy for a 23' Chris Craft
(Reg. No. S722FL), in Sag Harbor Cove. under the direction
of Bay Constable Chris Kohnken.
FHE PERMIT

PERMIT NO. FT-246 is issued to ROBERT BOURGUIGNON, 1049

-41-
(Continues, March 5, 1990, BOARD OF TRUSTEES)
Flanders Road, Flanders, to place a Fyke in Moriches Bay,
south of intra-coastal waterway, 500' west of E. Hubbard's
(FT-52) set off Speonk Point.
PERMIT NO. FT-247 is issued to PHILIP TOCCI, 87 East
Street, Flanders, to place a Fyke in Moriches Bay, south
of intra-coastal waterway, lOV' west of FT-246 (Robert
Bourguignon).
PERMIT NO. FT-248 is issued to PHILIP TOCCI, 87 East
Street, Flanders, to place a Fyke in Moriches Bay, south
of intra-coastal waterway, 100' west of FT-247.
PERMIT NO. FT-249 is issued to PHILIP TOCCI, 87 East
Street, Flanders, to place a Fyke in Moriches Bay, south
of intra~coastal waterway, 100' west of FT-248.
PERMIT NO. FT-250 is issued to ROBERT BOURGUIGNON, 1049
Flanders Road, Flanders, to place a Fyke in Moriches Bay,
south of intra-coastal waterway, 100' west of FT-249
(Phi lip Tocci).
PERMIT NO. FT-251 is issued to ROBERT BOURGUIGNON, 1049
Flanders Road, Flanders, to place a Fyke in Moriches Bay,
south of intra-coastal waterway, 100' west of FT-250.

-42-
MARCH l9, l990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, MARCH l9, l990,
AT l P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William Bennett, Paul W. Parasb, William T. Frank, Patrick
A. Heaney.
The minu1;es of March S, 1990, were read, amended, and
approved as amended.
Edward Warner stated there will be a rescheduled
Public Hearing regarding Ordinance 20 slated for March 27,
l990 at 7:30 p.m.
Linda Ryan from Thomas Bourke, Attorney at Law firm in
Southampton was present to discuss her client David
Sawyer's application for permit. David Sawyer application
for permit was denied at our January 17, 1990. The
Trustees felt the- additional four 41 x 16' floats was
extreme for an residential area. Ms. Ryan Stated that an
application for permit was issued but the agent left out
part of the docks that have been in existence since 1967.
Therefore the agent reapplied for an amendment and was
denied. A lengthy discussion followed. The Trustees
stated the permit was misunderstood and advised Ms. Ryan
to have her client re-apply.
Edward Warner presented to ex-Trustee Frank Smith his
retired Bag 1786.

-43-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
A motion was made by Edward Warner, Seconded by
William Bennett and duly carried to extend the Lease
between Southampton Yacht Club and the Board of Trustees
as follows:
WHEREAS, under and by the virtue of certain written
agreement dated May 1, 1968, between the BOARD OF TRUSTEES
OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF
SOUTHAMPTON, hereinafter referred to as "The· Trustees",
and SHINNECOCK YACHT CLUB, hereinafter referred to as "The
Club 11 , the said Trustees have given and granted to the
Club the sole and exclusive license to use the water of
Penniman Creek at the foot of Niamogue Land and the lands
lying thereunder, as the same is more particularly
described in said agreement; and
WHEREAS, there is a renewal provision in Paragraph 9
of said agre.ement, the terms of which have been complied
with by the Club;
NOW THEREFORE, in consideration of an annual payment
of $ 200.00, the Trustees do hereby give and grant the_
Club and the Club does hereby accept a renewal of certain
written lease of May 1st, 1968, said renewal to be
effective for the period May lst, 1990 to April 30th 1993,
and under the same terms and condl tions as the aforesaid
lease of May 1st, 1968, excepting therein that portion of
said Paragraph 9, which provides f(,)r a renewal thereof,
and subject to the right of cancellation by either party
on one year's notice.

·44·
(Continued, March 19, 1990, BOARD OF TRUSTEES)
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by their duly authorized
officers and cause their seals to be affixed thereto on
the 1st day of May, 1990.
Sixteen (16)· Applications for permit were received ..
Two (2) Applications for permit were held.
Ten (10) Mooring permit were approved.
CORRESPONDANCB:
Minutes of the Road Run Off Meeting held March 15,
1990 at 2:30p.m.
Howard Pickerell, Eastern Outboard Raceing Club, Inc.
Re: outboard racing in Southampton Town Waters. The

Trustees have no objections to these races being held. A


letter will be sent to Town Board for their approval.
BayFarm, 586 Dock Road, West Creek, N.J. re: Clam and
Oyster Seeds, 1990 price list. a copy will be given to
Senior Bay Constable Andersen.
N.Y.S.D.E.C. to Trustees re: Maintenance dredging of
Sag Harbor Cove.
N.Y.S.D.B.C. to Trustees re: Notice of condition of
all shellfish lands located in Town of Southampton.
N·.Y.S.D.B.C. to Trustees re: Goose, Birch, and Mill
Creek open to conditional until March 31, 1990.
David M. Gibbons, Deputy Director of President's
Office of Management and BUdget invitation to meeting,
March 30, 1990.
Federation of Lake Association, Inc. re: Waterworks
publication.
(Continued, March 19, 1990, BOARD OF TRUSTEES)
Bruce Anderson, Trustees re: Pond Surveys.
SC, Dept. of Economic Development re: SC Commercial
Fisheries Task Force meeting. William Frank will attend.
Edward Warner to: Town Council re: Request for
position of Clerk Typist be established in Trustees Office.
En-Consultants to: N.Y.S.D.E.C. cc: Trustees re:
Romana Canal.
John Olson re: Chapter 11, Murray Craft.
En-Consultants to: Mattew L. Drozdoff cc: Trustees
re: Romana Canal.
En-Consultants to: Trustees re: Romana Canal.
Joan Berhle to: Trustees.
Eva Toth, 3 Trynz Lane, Hampton Bays to: Trustees Re:
Permit issued to Stephen & Michelle Goldman. received
March lZ, 1990.
Eva Toth, 3 Trynz Lane, Hampton Bays to: Trustees Re:
Permit issued to Stephen ~ Michelle Goldman. received
March 14, 1990.
Eva Toth, 3 Trynz Lane, Hampton Bays to: Trustees Re:
Permit issued to Stephen & Michelle Goldman. received
March 15., 1990. John Wourgola has met with Ms. Toth
problem resolved.
Marlene Hare sign to: Trustees Re: Lake Nowedonah. A
letter will be sent with the Road Run Off Minutes of March
1, 1990.
Edward Warner open the Public Hearing at 3:00 p.m. to
hear all persons either for or against the acceptance of a
Deed of Dedication, offered by Westhampton Associates to

-46-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
said Trustees, for Beaver Dam Pond and a parcel of land
f't'onting on said Pond, Labelled as Park on the proposed
Subdivision Map of Lakeside at Westhampton, Situated at
Westhampton. Frank Smith was present to speak for the
acceptance. Mr. Smith stated if the Pond was under the
Trustees control, there would be regulations to protect
the waters. Jim Doyle also present to speak for the
acceptance. Mr, Doyle stated he has waited 24 years for
the ToW}\ Trustee.s to take control over. the pond, which is
a very valuable resource. A motion was made by William
Frank and Seconded by William Bennett and duly carried to
close the Public Hearing. William Frank suggested to hold
off on voting until next meeting. A motion was made by
Paul Parash, seconded by William Bennett, and duly carried
to vote on the Deed of Dedication. A motion was made by
William Bennett, Secon~ed by Patrick Heaney and passed by
a vote of 3wZ (Mr. Warner, and Mr. Frank voted no). The
Trustees made the. following comments regarding this deed
of Dedication. Patrick Heaney stated a sincere concern
has been expressed by members of the board over the
potential liability attached to the acceptance of this
pond into our inventory of natural resources. At present,
we have the stewardship of nearly 700 miles of saltwater
shoreline. We also are charged with the care of some 45
to SO freshwater ponds. Wben all properties and Right of
Ways are added together, we have liability exposure on
nearly 25,000 acres of property. Beaver Dam Pond contains
about 11 acreas. We would have to a quire title to about

-47-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
2200 ponds this size to approximate the liability we
already have per acre. So, it is my opinion, that when
compared to the liability attached our vast holdings of
underwater lands, the argument against accepting this pond
on the basis of liability, simply CAN NOT HOLD WATER! We
live in a time when our Natural world is getting a little
smaller each year, and as I understand the terms of my
Dongan Patent obligation to you, we Trustees have a
greater ·obligation to nourish, and protect the natural
resources of the town for the benefit of its residents
than we have to fret over liability attached to the
stewardship of those natural resources. In a particular
way, we are the collective parents to the underwater lands
in the Town, and this little pond is like a stepchild in
search of a family. I simply can not turn my back on a
child. So, my vote is yes. William Bennett stated that
this is a great moment, 40 years ago the owners put up a
fence around the pond. Now the Village of Westhampton has
its pond back. William Frank stated he has reservations
with the liabilities. Like Trout Pond, this will cost the
TaxpaYers more with the maintenance and liabilities of the
Pond. Mr. Doyle stated last meeting that there are two
dams associated with the pond. Mr. Frank voted no. Paul
Parash stated that he agrees with both Mr. Frank and Mr.
Heaney, but he votes yes for the deed of dedication.
Edward Warner stated Mr. Bellrinder fenced off the Pond to
protect himself of liability. That he as Trustees has an
obligation to look out for the liability of the people.

-48-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
Mr. Warner continued to say that the land would be taken
off the tax rolls, thereby creating higher taxes for the
people. So he votes no.
Edward Warner read the following report of the Bay
Constables: Maintenance Men started putting the light
poles and buoys in on March lS. They started at Sag
Harbor. Maintenance Men cleaned out half of the Alewife
Dreen in North Sea, will finish work when weather prevents
them fr~m going out on the Barge. Senior Bay Constable
Andersen and Bay Constable Sadleir checked Mecox for
Oyster spat. They found only a few live, which are
believed to be the one planted there last spring. Some
one drained Alcotts Pond in Bast Quogue. Bay Constable
Rose closed same with cement blocks.
The meeting on motion was adjourned,
Respectfully submitted,

~~©a*S/~
ry
willlliliiBilnett, Secre

PEil.MITS ISSUED:

PERMIT NO. 5681 is issued to Land Use Company, agent for


MARVIN SIMES, Pine Tree Lane, Westhampton, to construct a
30' x 40' boat slip behind existing bulkhead. 110 1 of
timber bulkhead will be installed and 300 c.y. of sand
removed and trucked to and upland site. This permit is
subjected to the following conditions:
1. Old bulkhead will remain in place while bulkhead
being built.
2. Filter cloth shall be installed behind the new wall
prior to backfilling to hinder sedimentation through
the wall.
3. Clean sand only will be used for backfill.
4. Inspection by Trustees will be made prior to
backfilling.

-49-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5682 is issued to Harbor Marine Construction,
Inc., agent for PETER HORAN, Lot N 1, River Avenue,
Eastport, to renew Permit No. 5416 for one year. Project
is located on owner's property off Sea tuck Creek, as per
application and survey submitted.
PERMIT NO. 5683 is issued to Harbor Marine Construction,
Inc., agent for PETER HORAN, Lot I 2, River Avenue,
Eastport, to renew Permit No. 5417 for one year. Project
is located on owner's property off Sea tuck Creek, as per
application and survey submitted.
PERMIT NO. 5684 is issued to Harbor Marine Construction,
Inc., agent Eor PETER HORAN, Lot I 3, River Avenue,
Eastport; to renew Permit No. 5418 for one year. Project
is located on owner's property off Seatuck Creek, as per
application and survey submitted.
PERMIT NO. 5685 is issued to H. Beecher Halsey III, Cedar
Lane, Westhampton, to reconstruct 140' bulkhead. Dig out
by hand 5 c.y. Project is located on owner's property off
Beaver Dam Creek, as per application and survey submitted.
PERMIT NO. 5686 is issued to Michael Sylvester, agent for
TlANA SHORES ASSOCIATION, INC., off Romano Drive just east
of West Tiana Road, to replace 245' of bulkhead.
Regrading of existing clean material behind bulkhead after
new tie back system installed. The above is approved with
the following conditions:
l. Prior to beginning the work; offset stakes are to
be established as a reference for installing the
new bulkh~ad at the present location and
configuration.
2. Filter cloth backing is to be installed on the
inside of the new bulkheadlng to prevent
sedimentation through the wall. .
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will
be permitted. No organic top ~oils are to be
placed along the inside of the new bulkhead.
5. The issuance of a permit shall not cause the
Trustees to suffer liability in the event of damage
to the beach, bulkhead, land, fence, or landscaping
materials belonging to the property owner south of
the proposed new bulkhead return, resulting from
activities related to the construction of the new
bulkhead.
Project is located on owner's property off Tiana Bay, as
per application and survey submitted.

-so-
(Continued, March 19, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5687 is issued to Michael Sylvester, agent for


DR. JOESEPH GOLATO, 29 Nautilus Drive, Hampton Bays, to
replace within 18 11 120 1 bulkhead. Clean backfill will be
trucked in & graded behind bulkhead. Project is located
on owner's property off Wells Creek, as per application
and survey submitted.
PERMIT NO. S688 is issued to ANTHONY & PATRICIA LONGO, 19
Gardeners Lane, Hampton Bays, to construct a 4' x 13'
dock, 4' x 8 1 ramp, 20 1 x 4' floating· dock., Project is
located on owner's property of£ Pennys Pond, as per
application and survey submitted. Complete docks will not
extend beyond neighbors dock nor block r.ight .. o£-way
available to others.
PERMIT NO. 5689 is issued to En-Consultants, Inc, agent
for LAWRENCE RUlSI, Cold Spring Point Road, Southampton,
to rebuild an existing boat slip as follows: remove (2)
outer wings; on east and west walls, remove and replace
29 1 and (2) 32' (respectively) bulkheads. New walls will
be jetty-type. Existing 2 outer tie-rods and deadmen will
be used but not· backfilled. Remainder of walls will be
backfilled as will northerly wall. A 3 1 wide walk will be
built on to·p of bulkheads for access to boats.. An area
10' wide will be dredg~d to 4' deep 9 and resultants 10
c.y. will be used for backfill. A 4 1 x 12' ramp and 6 1 x
20 1 float secured· by (2) 8 11 diameter pilings will be
installed within basin.. The folloWing condition applies:
Filter cloth is ·to be installed on the inside of the
bulkheading to prevent sedimentation through the wall.
Project is located on owner's property of.f Pennys Pond, as
per application and survey submitted. Complete docks will
not extend beyond neighbors dock nor blOck right-of-way
available to others.

""""''"""""''~is
issued to BELTRANY SETTEDUCATI, 7Z7
Sag Harbor, to dig out 5 c.y. Spoil to
be placed upland on owners property. Project is located
on owner 1 s property off Noyac Har.bor, as per application
and survey submitted.

$.!.T.!i~rrirr'f,.;is
issued to Chaleff ~Rogers, Architects,
MONAGHAN, Flying Point Road, Water Mill
0-179-01 .. 16 , to construct a 4 1 x. 70 1 dock (4' above
grade), 4 1 x 20 1 ramp, 4 1 x 30' floating dock. Floating
dock (4 1 x 30") is to be installed in an "L" position
westerlyn from ramp (4' x 20 1 ) . All floating sections to
be removed in winter months. Project is located on
owner's property off Me cox Bay, · as per application and
survey submitted.

-Sl-
(Continued, March 19, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5692 is issued to Chaleff & Rogers, Architects,


agent for WILLIAM MONAGHAN, Flying Point Road~ Water Mill
(900-179-0l-17L to construct a 4 1 x 20' ramp, and a 4' x
30 1 floating dock to existing dock. All floating sections
to be removed in winter months. Project is located on
owner's property off Mecox Bay, as per application and
survey submitted.
PERMIT NO. 5693 is issued to FREDERICK & BETTINA STELLE,
Actors Colony Road, Sag Harbor (901-1-2-28), to construct
a 6' x 200' dock with a 6' x: 15 1 platform at end, with
three dolphins for mooring tie offs. Project is located
on owner's property off Shelter Island Sound, as per
application and survey submitted.
PERMIT NO. 5694 is issued to Russell Glover, Russell
Glover Design, agent for MICHAEL SOMERS & CHERYL HUFF,
Long Point Road, Sag Harbor (903-4-39.1), to construct a
4' x 120' catwalk (4' above grade), 4' x 16 1 ramp, 6' x
16' floating dock, (2) 5 1 stairways are to be contructed
to allow for pass and repass. Floating dock and ramp are
to be removed in the winter months. Project is located on
owner's property off Morris Cove, as per application and
survey submitted.

APPLICATIONS FOR PERMITS HELD:


An application for permit from En-Consultants, Inc.,
agent for Steven Stark, Fisk Avenue, Westhampton Beach to
construct a 36' x 36' indented boatslip 15' from the side
property line. An area 36' sqaure off the boatslip will
be dredged. All dredged Material (50+ c.y.) plus upland
material excavated for the boatslip win be removed to an
upland site. In addition a 3 1 x 12' hinged ramp plus 6' x
24' float secured by (2) 8 11 diameter pilings will be
placed within the boatslip. Replace all remaining
existing bulkhead wl thin 18" 143+ 1.£. Is held for an full
board inspection, April 2, 1990.-
An application for permit from En-Consultants, Inc.,
agent for Dave Bofill Marine, Inc., 1810 North Sea Road
Southampton to replace existing pilings in travel lift.
Maintenance dredg1ng maximum 10 c.y. from in front of
bulkhead is held for a new survey.

MOORING PERMITS ISSUED:

PERMIT NO. 90-55 is issued to John & Keven Bridge, 18


Sheridan Road, Hampton Bays, to place a 150 lbs. mushroom

-52-
(Continued, March 19, 1990, BOARD OF TRUSTEES)
anchor mooring and buoy for a 22 1 catalina sailboat (Reg.
No. NY3173EV), in Red Creek Pond, under the direction of
Bay Constable Ken Malone.
PERMIT NO. 90-56 is issued to Richard S. Clark, 12 Bayside
Avenue, ·East Quogue, to place a 75 lbs. mushroom anchor
mooring and buoy for a 17 1/2 1 day sailboat (Reg. No.
NY1243EH), in Red Creek Pond, under the direction of Bay
Constable Ken Malone.
PERMIT NO. 90-57 is issued to Samuel M. Garber, Newtown
Road, Hampton Bays, to place a 150 lbs. mushroom anchor
mo-oring and buoy for a 21 1/2 1 sailboat (Reg. No.
NY9091BZ), in Cold Spring Pond, under the direction of Bay
Constable Dale Petruska.
PERMIT NO. 90-58 is issued to Albert Graham, Hampton Bays,
to place·&· 100 lbs. mushroom anchor mooring and· buoy for a
22' Bayliner (Reg. No, NY9091BZL in Red Creek Pond, under
the direction o£ Bay Constab.le Ken Malone.

PERMIT NO. 90·59 is issued to William Finn, 73 W, Tiana


Road! Hampton Bays, to place a 150 lbs. mushroom anchor
moor1ng and buoy for a 28 1 Chris Craft (Reg. No.
NY4262PG), in Tiana Bay, under the direction of Bay
Constable Stuart Rose.

PERMIT NO. 90-6.1 is issued to Edmund & Alice Joyce, Red


Creek Road, Hampton . Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 19' (Reg. No. NY2614GJ), in
Red Creek POnd·, under the direction of Bay Constable Ken
Mal~ne.

PERMIT NO. 90-62 is issUed to Jetty Krause, 14 Duck.wood


Lane, Hampton, to place a 75 lbS. mushr'oom anchor ·mooring
and buoy· for a 13 1 whaler (Reg. No. NY5271PB), in Red
Creek Pond, under the direction of B8y Constable Ken
Malone.
PERMIT NO. 90•63 is· issued to Jerry Krause, 14 Duckwood
Lane, Hampton, to place a 75 lbs. mushroom anchor mooring
and buoy for a 16' winner (Reg. No. NY7943DL), in Red
Creek. Pond, under the direction ·of Bay Constable Ken
Malone.
PERMiT NO. 90-64 is issued tO Linda Philp, 425 Oak Avenue,
Flanders, to place a ISO lbs. mushroom anchor mooring and
buoy for a 24' Sailboat (Reg. No. NY3406GJ), in Red Creek
Pond, under the direction of Bay Constable Ken Malone.
PERMIT NO. T90·SOO is issued to Joseph Jabour, 40 Point
Road, Westhampton, to place a 100 lbs. mushroom anchor
mooring and buoy for a 20 1 Sea Ray Cuddy Cabin (Reg. No.
NY4084UA), in Bast Moriches Bay, under the direction of
Bay Constable Ted Sadleir.

-53-
APRIL Z, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, APRIL Z, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank, and
Patrick A. Heaney and Town Attorney John Bennett~

The ,minutes of the regular meeting of March 19, 1990,


were read, and approved as read.
The application & recommendations from the Road Review
Committee on John Leonard, Northerly side & Southernly
Side of Northwest Path, Wainscott were reviewed. A motion
was made by Patrick Heaney, seconded by William Bennett
and passed with a vote 3-1-1 (Edward Warner voted no, and
William Frank abstained) to pass the recommendations set
forth by the Road Review Committee. In addition to the
recommendations set forth by the Road Review Committee the
Trustees require at terminus of Sagg Road, and North West
Path. Wainscott, New York, The road bed of North West
Path is to be improved to match that of Sagg Road, and
flared at this point. Paving of North West Path with 2'
dense binder asphalt, with a minimum 411 crown, for a width
of 20', and a distance of 250' in an Easternly direction
from Sagg Road. This determination is valid for a period
of one (1) year and includes the normal condition that a
Building permit be obtained within one year of approval is

-54-
(Continuos, April Z, 1990, BOARD OF TRUSTEES)
recommended.
Tom Gill and Peter Callos were present to discuss
their application for permit. Their application has been
on hold since March 15, 1989 for the applicant to obtain
written consent of all Georgian Association Members. Mr.
Goldman, who disputes this application, claims their is no
Association, but 11 owners having deeded rights to
Georgian Lane. Mr. Gill stated they have received the
permits from the D.E.C. He claimed there are 6 people on
the deed, 1 of which will not give permission. The Board
of Trustees told them no decision will be made until our
attorney is present at the next Trustee Meeting.
Eleven (11) applications for permits were received.
Nine (9) applications for permit Were approved.
One (1) application for permit was denied.
One (1) applications for permit was held.
Five (5) Mooring permits were approved.
CORRESPONDANCB:
From Waters Edge Civic Association To: U.S. Army Corp.
CC: Town of Southampton re: Proposed reinforcement of
stone jetty on Long Neck Royal Canal Association.
Martin Gilmartin To: Trustees Re: Robert Shapiro
application for permit held for ne~t meeting for Attorneys
present.
N.Y.S. Office of Parks & HiStoric Preservation To:
Trustees re: Conference April 3, 1990 topic 11 0il Spill
Preparedness Meeting 11 • Fire Marshalls will attend.
John Wourgola To: Hermon Bishop re: Peconic Woods
-ss-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
Subdivision Encroachment. Held for next meeting for
Attorneys present.
N.Y.S. D.E.C. to: Gordon Jackson re: Notice of
Violation for Jackson's Marina.
Village of North Haven to: Trustees re: Notice of
Haaring for Gary J. Tweed & Phyllis M Iozzino #160A.
Roy Dragotta, Assistant County Attorney to: Trustees
re: Shinnecock Easement. A copy of February 5, 1990
Trustees·' Meeting Minutes will be sent.
Bruce Anderson to: Charles A. Guthrie cc: Trustees re:
Surface Water Testing of Wildwood Lake, Sampled & Tested
March 28, 1990.
U.S. Army Corp. to: Trustees re: County application
for dredging Speonk Point Canal.
A. J. Kreuzkamp Associates, Inc. to: Trustees re:
Marine Supplies. A copy will be give to John Andersen.
Robert Keene, Historian To: Trustees re: Ponds in
Southampton Village.
Petition which reads " We the undersigned hereby
appeal to our Town Board not to invoke any more
restrictions on our driving on our beaches. we consider
this right as a personal freedom and hope that you will
heed our plea. 7 pages of signatures.
Board of Trustees to: Town Council re: Capital Project
meeting April 2nd.
George Stavropoulos to: Trustees re: Town of East
Hampton vs Department of Environmental Conservation.

-56-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
Bay Constable Ken Malone to: Board of Trustees re: Oil
Spill at Coast Guard Station Shinnecock CCN 90-128.
Southampton Cove Owners Association To: Trustees re:
Dredging in Fish Cove.
Alan H. Levine to John Andersen cc: Board of Trustees
re: Jet Skis and Water skiing on Hayground Cove.
Chris LaPorta D.E.C. to: Edward Warner re: Extension
of Flanders Bay Conditional Shellfishing Program, extended
until April 15, 1990~

Edward Warner to: Barbara Kelly re: request for


Floater two days a week.
Charles A. Guthrie to: Board of Trustees re: Chemistry
sampling Wildwood; and stocking trout.
Edward Warner to: U.S. House of Representative;U.S.
Senate c/o Congressman George Hockbruckner re: Funding for
Shinnecock Inlet second phase.
Kenneth P. LaVal,le, lst District Assemblyman to:
William Frank re: Local Matters
William H. Swan to: Trustees re: study of salt water
march. Each Trustees will receive a copy. A meeting will
be addressed at a later date.
Patrick Heaney reported he was at Alcott Pond, East
Quogue. He Showed pictures to the Board regarding the
problem of erosion and roadway run off that occurs there.
Stated this involves local community doing. The Trustees
need to work at Parking, and restoring the Shoreline
because of the severe road run off problem. Patrick

-57-
(Continues, April Z, 1990, BOARD OF TRUSTEES)
HP.aney will put together proposal, prices, and labor and
bring back to the Board.
Patrick Heaney brought up a resolution he would like
the Trustees to adopt and present to the Town Board. The
resolution is as. follows:
A SENSE OF THE BOARD RESOLUTION - REQUESTING TOWN
POLICY AND PROCEDURE FOR THE IMPLEMENTATION OF. CORRECTIVE
MEASURES TO ELIMINATE STORMWATER RUNOFF TO SURFACE WATERS.
WHEREAS: approximately 22' of New York State's
inventory of significant coastal fish and wildlife
habitats are located in the Town of Southampton; and
WHEREAS: the natural resources of Southampton tidal
and freshwater habitats have historically provided
important economic, aesthic, employment, and recreational
opportunities for it's residents; and
WHEREAS: stormwater runoff has been documented to
contain as much as 93\ of the fecal coliform bacteria
present in surface waters and has led to the closing of
numerous shellfishing areas; and
WHEREAS: it has been documented by the Long Island
Regional Planning Board that the implementation of

corrective measures including but not limited to the


construction of catch basins, leaching pools, and recharge
basins, will reduce and/or eliminate stormwater runoff
into surface waters; and
WHEREAS: the Town of Southampton presently lacks
policy to implement corrective measures that reduce or

-58-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
eliminate stormwater runoff channelized along roads in
areas of the Town developed prior to implementation of the
master plan; and
WHEREAS: the drainage considerations of site plan
review for new subdivisions can not be expected to
adequately reduce or eliminate stormwater runoff
channelized along roads in the older parts of the Town
that lead to surface waters; NOW THEREFORE BE IT
RESOLVED: that the Southampton Town Highway
Department should be directed to implement corrective
measures according to recommendations of the Long· Island
Regional Planning Board, using best management practices
as it relates to stormwater runoff; and be it further
RESOLVED: that as it pertains to maintenance and
drainage projects that directly or indirectly involve the
discharge of stormwater runoff to surface waters, the
Southampton Town Highway Department should be directed to
prepare a STORMWATER ABATEMENT PROPOSAL. The proposa 1
should describe the work and evaluate a range of site
specific alternatives which are feasible for the disposal
of stormwater runoff, including alternatives tha-t
eliminate or reduce runoff to surface waters; and be it
further
RESOLVED: that a STORMWATER ABATEMENT REVIEW
COMMITTEE should be form&d to review and approve such
stormwater abatement proposals as they are received.
Members should be drawn from, but not necessarily limited
to:

-59-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
* Town Trustees at Large
* Superintendent of Highways of designee
* Natural Resour~es and Planning designee
and be it further
RESOLVED: that should a Town Board resolution be
required to appropriate funds for or authorize such a
project, then the resolution should also approve the site
specific method of stormwater runoff control, and be it
further
RESOLVED: that such a resolution should find that:
Prior consideration has been given to the report of the
Stormwater Abatement Review Committee.
Consistent with social, economic, fiscal, and other
considerations, the alternative selected will to the
maximum extent practible, avoid or minimize adverse
environmental impact to surface waters.
and be it further
RESOLVED: the Town Board should seek to amend Town
Code to expressly prohibit the following:
the direct discharge of chlorinated pool water and/or
other substances through fixed or flexible outflow pipe
or tube or similar method of conveyance to surface
waters.
The presence of certain methods of conveyance near
waterfront-sited swimming pools such as a fixed
outflow pipe extending to, into, or above surface
water and dependent in any way on gravity or a pump

-60-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
should constitute evidence enough that a violation
exists.
a use of similar methods for the conveyance of
stormwater runoff from driveways, lawns, and rooftops
to surface waters should constitute evidence enough
that a violation exists and, be it further
RESOLVED: that the Town Board should amend the Town
Building Code to require gutters, leaders, and drywalls or
stone-filled swales on all new residential construction as
we}l as any alternation requiring a modification to
existing roof areas and/or ~lopes, or any other on site
construction factor that contributes to an increase in
stormwater runoff to surface wa·ters.
Patrick Heaney will discuss this further with John
Wourgola.
William Bennett stated the D.E.C. has amendments
before the Senate to change the Shellfish Regulations. A
letter will be written to Assemblyman John Behan stating
the Trustees dlsapproval of these changes.
Wi~liam Bennett stated that he and Mr. Warner attended
the Capital Project Meeting. They found out the
following, concerning the funding requested for the Fish
Cove Road Run Off Project:
1. The Grant for cell 12 set aside $100,00. for
environmental preservation. Mr. Berger, D.E.C.
would like this funding to go to the Boy in
Wading River for Education.
2, Kimco donated 2.8 acreas of land and $100,000.
-61-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
3. Highway Department has aRoad Drainage account
with $50,000. left for 1990.
The Town will have all future major and minor (two lots or
more) subdivisions set aside funds for drainage. The
Supervisor will meet with the Board of Trustees to discuss
bonds for Road Runoff.
William Bennett went on to say the D. E. C•. is closing
more areas out here. At this time it is not clear if the
areas be'ing closed will reopen as Conditional or Seasonal
areas.- Some of the Areas to be closed are Moriches Bay
Scallop Pond,and Heady Creek.

William Frank stated the Fresh Water Fish will be


delivered Friday. The Brown and Brook Trout will be
placed in East Pond, Big Fresh, Little Fresh and Trout
Pond.
Edward Warner read the following report from the Bay
Constables: 24 new kitty litter trays were ordered· for
the clam racks. They will need cca 2 x 4 lumber with nuts
and bolts for the new racks. Peconic Marina is giving the
Town more docks to be used for the clam racks. The
A-frames are finished. The Maintenance Men with the help
of the Bay Constables, have finished putting the
Navigational Aids in the Peconic. They are now working on
the south side. Bay Constables Dale Petruska and Stuart
Rose have started Peace Officer Training and will be in
school until the 26th of April. The Maintenance Men have
finished cleaning out the Alewife Dreen (sic) in North Sea.

-62-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
Also noted, was the condition of the Barge motors. A
motion was made by William Frank, Seconded by Patrick
Heaney and duly carried to go out for bid on motors for
the Barge. This will be paid for from the Trustees
Special Account. A 25 hp motor will go out to bid to be
paid from budget.
Edward Warner noted that the Army Corp of B1;1gineers
has called a meeting for Friday, April 6, at 10 a.m., to
go over the'specifications for dredging Shinnecock Inlet.
The meeting was adjourned.

Respectfully submitted,

PERMITS ISSUED
PERMIT NO. 5695 is issued to Jim Ash, agent for WILLIAM J.
ASH and DoNALD LEVIS, R.o.w. Cedar Lane, Westhampton, to
extend Permit No. 5432, for a period of one year. Project
is located on R.o.w.- off Beaverdam Creek, as per
application -and survey submitted.
PERMIT NO. 5696 is issued to Land Use Company, agent for
NOEL BAND, End of Woodcock Lane, Remsenberg, to construct
a 4' x 35' fixed dock., 3' x 10' ramp, and 6' x 20' float
secured by (2) 8" ·piles. Place two set of timber steps
for pass and repass. Project is located on owner's
property off Private· Canal off Moriches Bay, as per
application and survey submitted.
PERMIT NO, 5697 is issued to J.M.O. Consulting, agent for
JAMES HABER, 14 Pine Tree Lane, Westhampton, to construct
a 4' x 10 1 fixed dock, 3' x 6' ramp, and 10' x 16' float.
Place two set of timber steps for pass and repass.
Project is located on owner's property off Brushy Neck
Creek, as per applicatton and survey submitted.
PERMIT NO. 5698 is issued to En-Consultants, Inc., agent
for GATEWAY OF FLANDERS MARINA, 1110 Flanders Road,
Riverhead, to Remove and replace (See lA & lB of
-63-
(Continues, April Z, 1990, BOARD OF TRUSTEES)
conditions) two sections of bulkhead, 45.5' and 20'.
Remove up to 10 c.y. of material from area up to 10' in
front of bulkheads and maximum depth 4' below MLW. There
will be no increase in Marina capacity. The permit is
subject to the following conditions:
!A. Because of the height of the present wall; the
fragile condition of the wall; back pressure from
saturated soil behind the wall; the proximity to
the gasoline pump, and the likelihood of a
presence of great amounts of contaminated soils,
if it is the intent the work begin without
excavating behind the wall, then replacement
bulkheading must be installed outside the present
wall.
lB. The replacement bulkheading may be built' in place,
if first excavate all soils, behind the existing
)>ulkhead, prior to construction. Disturbed soils
are to be relocated to suitable upland site.
(NOTE: Excavated materials must not be used as
backfill.)
2. A filter cloth backing is to be installed inside
the- new wall to prevent sedimentation through the
wall.
3. The finished grade of new wall is to be a minimum
of 411 above the final grade on the upland side of
the bulkhead.
4. Should backfill be deemed necessary, only clean
sand or bank run may be used. Dredge material are
not to be used as backfill behind the new bulkhead
wall.
5. Any resurfacing of the land behind the new
bulkhead shall make use of only pervious materials
to promote recharge of stormwater into the soil.
Project is located on owner's property off Arm of Reeves
Bay, as per application and survey submitted.
PERMIT NO. 5699 is issued to En-Consultants, Inc., agent
for LEONARD ZACK, 14 Sunset Avenue, Bast Quogue, to
construct a 4' x 58' fixed dock (4' above grade), 4 1 x 20'
ramp, and 4' x 80 1 float in 11 T11 shape, and 2 3-pile
dolphins off "T" for tie of£. Place two set o£ timber
steps for pass and repass. Project is located on owner's
property off Phillips Creek, as per application and survey
submitted.
PERMIT NO. 5700 is issued to ROBERT HUGEL, Lake Drive, Bay
V1ew Oaks, Southampton, to construct a 3 1 x 10 1 fixed
dock, 3 1 x 6' ramp, 5 1 x 8 1 floating dock, to (2) 5 1 x 12 1
floating docks in an "L" shape. Place two set of timber
steps for pass and repass. Project is located on owner's
property of£ Fresh Pond, as per application and survey
submitted.

-64-
(Continues, April 2, 1990, BOARD OF TRUSTEES)
PERMIT NO. 5701 is issued to En-Consultants, Inc., agent for STANLEY
COHEN, Rose Hill Road, Water Mill, to amend Permit No. 5650 to
locate dock farther north. Project is located on owner's property
off Hayground Cove, as per application and survey submitted.
PERMIT NO. 5702 is issued to Costello Marine Contracting
Corporation, agent for BARON''S COVE MARINA, West Water Street, Sag
Harbor, to renew Permit No. 5467 for a period of one year. Project
is located on owner 1 s property off Sag Harbor Cove, as per
application and survey submitted.
PERMIT NO. 5703 is issued to DENNIS & MARILYN DOWNES, Crescent
Street, Sag Harbor, to construct a 4 1 x 8· 1 platform to existing
dock. Project is located on owner's property off Paynes Creek
(Upper Sag Ha.rbor Cove), as per application and survey submitted.
APPLICATION FOR PERMIT DENIED:
An application for permit from En-Consultants for FRANK AREVALO,
22 Gardners Lane, Hampton Bays to remove an existing dock and
replace with a fixed timber dock 4 1 x SO' elevated (4 1 above grade)
walk with a 4 1 x 40 1 outer "T" was ·denied. The Board of Trustees
feel thiS is too extreme for a residental area.
APPLICATION FOR PERMIT HELD:
An Application for permit from En-ConsUltants, Inc., agents for
JACK E. MAURER/PAUL K. FIEDLER, R.O.W. 545 Main Street, Quiogue to
change a previous issued permit to, construct a timber dock
consisting of a 4 1 X 501 fixed elevated Wlkway (4 1 above .grade), 4'
x 14 1 hinged ramp,. (2) 6' x 20 1 floats, outer 10 1 x 24' float
arranged in 11 1" configuration toward the north, 2 1 x 18' finger
float arranged in 11 L" configuration to north and 12 1 distant from
outer float was held. Trustee Patrick Heaney w'i1l review with
Attorney John Wourgola.
MOORING PERMITS APPROVED:
PERMIT NO. 90-65 KEVIN J. BRENNAN, 290 Pineneck Avenue, Sag Harbor,
to place wooden stakes for a 18 1 Sea Ray (Reg. No. NY423SHG), in
Mill Creek.
PERMIT NO. 90-66 JOHN F. EICH, 73 West Tiana Road, Hampton Bays,
100 lbs. mushroom for a 22' Grady White (Reg. No. NY8757JT), in
Tiana Bay.
PERMIT NO. 90-67 JAMES LEDBRMANN, 328 Whitney Road, Sag Harbor, 100
lbs. mushroom for a 20 1 Seacraft (Reg. No. CV6101), in Payne's Creek.
PERMIT NO. 90-68 RIC"ARD J. MCGUCKIN, 156 Springville Road,
Hampton Bays, 150 lbs. mushroom for a 28' Sailboat (Reg. No.
NY2041PW), in Red Creek.

PERMIT NO. 90-69 FRED MOTYKA, 54 Squiretown Road, Hampton Bays, 50


lbs. mushroom for a 16' (Reg. No, NY8573PC), in Red Creek.
-65-
APRIL Z3, 1990

THE REGULAR MEETING UF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N,Y. WAS HELD AT TOWN HALL ON MONDAY, APRIL Z3, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William· T. Frank,
Patrick A. Heaney, and Deputy Town Attorney John M.
Wourgola.
The minutes of April Z, 1990, were read, amended, and
approved as amended.
Dai Dayton was present to discuss the closure of
Hildreth Road, Hampton Bays to use as part of the Trail
System. She stated the closing would be a good idea
because of all the illegal dumping taking place. Mr.
Warner stated that the Suffolk County Department of Parks
& Recreation would like to see Hildreth Road closed down.
He explained to her that this is an short cut for
emergency vehicle, and the Trustees wi 11 not close it

down. To stop the illegal dumping we need more law


enforcement.
Victor S. Amass. owner of Colony Club, Bay Beach Side,
was present to discuss the new Local Law dealing with 4WD
vehicles. John Wourgola stated that residents are allowed
to ride the beaches, by Trustee permit only, on all areas
owned by the Trustees, but not private property. Mr.
Amass then requested a barricade to be placed on East
(Continues, April 23, 1990, BOARD OF TRUSTEES)
Beach Drive, 10' R.O.W. John WoUrgola replied that is a
civil matter not Trustees.
Bruce Anderson was present to discuss his memo of
April 2:5, 1990, re. Storm Water Run Off. Mr. Anderson
wants to request a Federal Grant to address water
pollution from runoff. This grant so far is for studies,
but hopefully will apply toward actual correction of the
pollution. Bruce· Anderson proposed to do a simi"lar study
of North Sea Harbor as was conducted for the Fish Cove
area. A motion was made by Patrick Heaney, Seconded by
William Frank, and duly carried for Bruce Anderson to
conduct the study of North Sea Harbor similar to Fish
Cove. William Bennett thanked 'Bruce Anderson for all his
services.
At 2 p.m., Bids we·re opened for two (2) 45 hp
commercial outboard motors with trade-ins and one ( 1) 25
hp outboard motor with trade-in bids recei'ved were as
follows:

Mark Tooker Raynor &Mitchell Marine, Inc


401 Montauk Highway
Westhampton Beach, New York 11978
( 516) 288 - 1980
(1) 25 hp w/trade-in $1210.00

-67-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
Allan Mortensen Peerless Marine Center, Inc.
Ferry Road, RT 114, North Haven
Sag Harbor, New York 11963
(516) 725 - 0400
(1) Z5 hp w/trade-in $1240.00
(Z) 45 hp w/trade-ins $6088.00
A motion was made by William Frank, Seconded by Paul
Parash and duly carried to accept the bid of Raynor &
Mitchell Marine, Inc. as the lo~ bidder meeting
specifications for the ZS hp, and Peerless Marine Center,
Inc. for low bidder meeting the specifications of the (2)
45 hp.
Patrick Heaney brought up a resolution he would like
the Trustees to adopt and present to the Town Board, The
resolution is as follows:
A SENSE OF THE BOARD RESOLUTION REQUESTING TOWN
POLICY AND PROCEDURE FOR THE IMPLEMENTATION OF CORRECTIVE
MEASURES TO ELIMINATE STORMWATER RUNOFF TO SURFACE WATERS.
WHEREAS: approximately 22\ of New York State's
inventory of significant coastal fish and wildlife
habitats are located in the Town of Southampton; and
WHEREAS: the natural resources of Southampton tidal
and freshwater habitats have historically provided
important economic, aesthic, employment, and recreational
opportunities for it 1 s residents; and
WHEREAS: stormwater runoff has been documented to
contain as much as 93\ of the fecal coliform baCteria

present in surface waters and has led to the closing of

-68-
(Cont'inues, April Z3, 1990, BO.ARD OF TRUSTEES)
numerous shell fishing areas; and
WHEREAS: it has been documented by the Long Island
Regional Planning Board that the implementation of
corrective measures including but not limited to the
construction of catch basins, leaching pools, and recharge
basins, will reduce and/or. eliminate stormwater runoff
into surface waters;. and
WHEREAS: the Town of Southampton presently lacks
policy to implement corrective measures that reduce or
eliminate stormwater runoff channelized along roads in
areas of the Town developed prior to implementation of the
master plan; and
WHEREAS: the drainage considerations of site plan
review for new subdivisions GBD not be expected to
adequately reduce or eliminate stormwater runoff
·channelized along roads in the older parts of the Town
that lead to sutface waters; NOW THEREFORE BE IT
RESOLVED: that tho Southampton Town Highway
Department should be dtrected to implement corrective
measures according to recommendations of the Long Island
Regional Planning Boatd, using best management practices
as it relates to stormwater runoff; and be it further
RESOLVED: that as it pertains. to maintenance and
drainage projects that directly or ind-irectly involve t·he
discharge of stormwater runoff to surface waters, the
Southampton Town Highway Depaftment should be directed to
prepare a STORMWATER ABATEMENT PROPOSAL. The proposal
should describe the work and evaluate a range of site

-69-
(Continues, April Z3, 1990, BOARD OF TRUSTEES)
specific alternatives which are feasible for the disposal
of stormwater runoff, including alternatives that

eliminate or reduce runoff to surface waters; and be it


further

RESOLVED: that a STORMWATER ABATEMENT REVIEW


COMMITTEE should be formed to review and approve such
stormwater abatement proposals as they are received.
Members should be drawn from, but not necessarily limited
to:

• Town Trustees at Large


• Superintendent of Highways of designee
• Natural Resources and Planning designee
and be it further
RESOLVED: that should a Town Board resolution be
required to appropriate funds for or authorize such a
project, then the resolution should also approve the site
specific method of stormwater runoff control, and be it
further
RESOLVED: that such a resolution should find that:
Prior consideration has been given to the report of the
Stormwater Abatement Review Committee.
Consistent with social, economic, fiscal, and other
considerations, the alternative selected will to the
maximum extent practible, avoid or minimize adverse
environmental impact to surface waters.
and be it further
RESOLVED: the Town Board should seek to amend Town
Code to expressly prohibit the following:

-70-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
the direct discharge of chlorinated pool water and/or
other substances through fixed or flexible outflow pipe
or tube or similar method of conveyance to surface
waters,
The presence of certain methods of conveyance near
waterfront-sited swimming pools such as a fixed
outflow pipe extending to, into, or above surface
water and dependent in any way on gravity or a pump
should constitute evidence enough that a violation
exists,
a use of similar methods for the conveyance of
stormwater runoff from driveways, lawns, and rooftops
to surface waters should constitute evidence enough
that a violation exists and, be it further
RESOLVED: that the Town Board should amend the Town
Building Code to require gutters, leaders, and drywalls or
stone-filled swales on all new residential construction as
well as any alternation requiring a modification to
existing roo£ areas and/or slopes, or any other on site
construction factor that contributes to an increase in
stormwater runoff to surface waters.
William Bennett stated this Board is 100\ for this
resolution. Edward Warner explained we withheld this
resolution from the last meeting so both the Board, and
our attorney could review. We are in full support.
Marietta Seaman was present to show her support and
offered to sponsor it for t·he Town Boards Resolution. She
stated it was long overdue to set up a Committee for Road

-71-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
Run Off. Bruce Anderson was present to show his support
for this resolution, and expects that it should go
through. We have a huge problem with road runoff and have
a good need to implement this resolution. A motion was
made by Patrick Heaney, seconded by William Frank and duly
carried to pass the above resolution.
Glenn Just from J.M.O. was present to discuss his
applications for permits. He asked the Board if a client
were to, place 4 piles for a hydraulic boat lift, would
there be a fee for the piles. The Board stated there
would be a charge for the piles along with the application
fee.
Robert Loesch was present to discuss a parcel off
Trout Pond Road, Lot 31. He stated his title company
would not give him a clear title because the Trustees
property (Trustees Road) encroached his property. John
Wourgola will handle this matter.
Linda Riley, Bourke, Flanagan, and Asato, Law firm in
Southampton was present to discuss Mr. 6 Mrs. Herbert
Goldman opposition to the Georgian Associations Applicant
for permit. Their opposition was recorded, and a letter
will be sent to Thomas Gill, Georgian Associations
attorney.
William Swam was present to discuss clearing wetlands
he owns to plant a certain type of Spartina that would be
a benefit to New York State, Edward Warner stated that
this would be grown _and then available for sale. Patrick

Heaney asked Mr. Swam if he has notified D.B.C. as to his

-72-
(Continues, April 23, 1990, BOARD OF TRUSTEES)

intention, and if so, their response. Mr. Swam stated


that the D.E.C "was delighted" with his proposal. Patrick
Heaney stated that this looks like a Class I action and
needs a SEQA Statement. Mr. Swan thank the Board for
hearing him today, and stated that he hopes the Trustees
will approve this research without prejudice. We will
contact the D.E.C. for comment on the above.
A motion was made by William Prank, seconded by

Patrick .1-Jeaney, and duly carried to pay for the following


out of Trustees Special Account:
l. Lodging for school (780 ~ 784) $620.00
2. Travel expenses for 780 &784 $100.00
3. Deluxe Silk Screening (Permits) $722.70
Sixteen (16) Applications for permit were received,
One (1) Applications for permit were held.
Sixteen (16) Mooring permits were approved.
Three (3) Fyke permits were approved.
Five (5) Fish Trap permits were approved.
TWo (Z) Pot permits were approved.
CORRESPONDENCE:
N.Y.S.D .• E.C·., Trustees, re: Bay Survey of Trout Pond,
Little ~ Big Fresh Pond, East Pond (3-12-90/4-2-90)
George Hochbrueckner, Trustees, re: Dredging
Shinnecock Inlet Phase Two.
N.Y.S.D.B.C., En-Consultants, cc: Trustees, re:
Romana Canal.
En-Consultants, Inc., Truste·es, re: Romana Canal
Dredging.
-73-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
David Emilita, Trustees, re: 1990 Environmental
Quality Bond Act (BQBA). The Trustees will sent letter
requesting Goodman's Canal, Clam Road, and Barkers Island.
Bruce Anderson, Building Department, cc: Trustee
re: .referenced parcels that are under study by Trustees &
Natural Resources Department.
Bruce Anderson, Trustees, re: Stormwater Abatement
Program (Fish Cove).
Data· Processing, Trustees, re: Property Inventory &
Appraisal.
Long Island Shore & Beach Preservation Association,
Trustees, re: Dredging of Sagaponack Inlet.
Northeast Shellfish Sanitation Association, Trustees,
re: Annual meeting April 25, 26, 27. William Frank will
try to attend.
Martin R. Gilmartin, Trustees, re: Application for
Robert Shapiro, 320 Dune Road, Westhampton Beach. John
Wourgola will reply.
Helen Charleton, Department of Army Corps., cc:
Trustees, re: Application for David King.
Joseph Frederick Gazza, Trustees, re: Temporary
roadside stand for sale at retail of fish and shellfish
taken by Donald Bennett, Westhampton, from local waters.
John Wourgola will reply.
Hermon J. Bishop, John Cowell, cc: Trustees, re:

Peconic Woods Subdivision Encroachment on Town

Property. John Wourgola will reply.

-74-
(Continues, April Z3, 1990, BOARD OF TRUSTEES)
William Sickles, Trustees, re: Closure of Hildreth
Road, Hampton Bays. John Wourgola will reply.
Ida Pecorini, John Wourgola, cc: Trustees, re: Gullo
proposal for construction off Towd Point Road. John
Wourgola will reply.
Edward Warner stated that he met with the Army Corp.
regarding the dredging of Shinnecock Inlet. He .presented
a chart showing the areas of spoil sites, and their
intention of planting grass when it is completed. Mr.
Warner stated that the Corp. believes it will take about
four months to complete.
William Frank stated that he and Trustee Bennett were
present last Friday when they transplanted the 800 fish
into East Pond, Trout Pond, Little Fresh Pond, Big Fresh
Pond and Alcott Pond. Mr. Frank stated that they were of
descent size and suggested the Board order some more. A
motion was made by William Frank, seconded by William
Bennett and duly carried to order $1, 500.·00 worth pf mixed
trout from Cold Spring Hatchery to be paid from the
Trustees' Special Account.
Paul Parash brought before the Board the applicati·on
of Mr. Reinhard. He stated that this applicant was placed
on hold until he could correct the illegal pipe on his
property. The only problem with this is that we are
making him resheath his bulkhead due to the condition.
Mr. Parash suggested that John Wourgola send him letter
stating the Trustees wishes. Edward Warner stated we

-75-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
should wait before sending a letter to him. First, we
should notify Lisa Tettlebach (D.E.C.), and have her do a
sampling to see what the pipe is for, before requesting it
to be capped. In the meantime, John Andersen will issue
Mr. Reinhard a violation in connection with the pipe.
Edward Warner stated he had written to John Behan and
Joseph Sawicki regarding Senator Johnsen's proposed
amendments for Shellfishing.
Edward Warner read the following Bay Constable
report: Bay Constables Dale Petruska and Stuart Rose have
completed Peace Officer training. The clam racks are
finished and will be put in place shortly, John Andersen
will set a date for the seed clams to be delivered either
Friday, May 11th, or Friday, May 18th.
Edward Warner requested Bay Constable Chris Kohnken to
research Oyster Pond to find the best ways in and their
overall conditions. Bay Constable Chris Kohnken will
furnish a report.
The meeting on motion was adjourned.
Respectfully submitted,

,t"~?f'~
Wll~ett, Secretary

PBI\MITS ISSUED:

PERMIT NO. 5704 is ·issued to J.M.O. Consulting, agent for


ROBERT SHAPiRO, S30A Dune Road, Westhampton, to
removeunapproved 4 1 x 50 1 section of elevated catwalk,
relocate approved 4' x 250 1 section as per direction of
the Board of Trustees, install 3' x 12' ramp, and a 6' x
20 1 float as per survey. The relocated catwalk shall be
contructed at 4 1 above grade. Project is located on
' h es Ba y , as per appl lea tion and
owner's property o ££ Mortc
(Continues, April 23, 1990, BOARD OF TRUSTEES)

survey submitted.

PERMIT NO. 5705 is issued to En-Consultants, Inc., agent


tor JOHN CONLEY, 122 Hariiur Point Road,. Westho1mpton Beach,
to replace (within 18") 147 linear feet of existing timber
bulkhead plus (Z) 5' returns. Backfill will be trucked in
from an upland source. This permit is subjected to the
following conditions:
1. Filter cloth shall be installed behind the new wall
prior to backfilling to hinder sedimentation through
the wall.
2. Clean sand only will be used for backfill.
Project is located on owner's property off Mo~iches Bay,
as per application and survey submitted.
PERMIT NO. 5706 is issued to En .. Consultants, Inc., agent
for FRANK SAVINO, Tanners Neck Lane, Westhampton, to
Maintenance dredge irregular area approximately 200' x 30'
near mouth of waterway to 4 1 below MLW. Approximately 400
c.y. of spoil will be placed on spoil site west. This
permit is subjected to the £allowing conditions:
1. Dredging to start n/c of said property & run south
only to extent of Redimas 1 bulkhead.
2. Trustee William Bennett will set line for dredging.
3. 50 lb stone will be placed on the east side of spoil
site to the full extent of retain bulkhead (3 1 above
grade) with filter cloth behind.
Project is located on owner• s property off Moriches Bay,
as per application and survey submitted.
PERMIT NO~ 5707 is issued to En-Consultants, Inc., agent
for THOMAS KUHNS, end of Quogo Neck Lane, Quoguet to
renewal Permit No. 5470 for a period of one year. Project
is located on owner's property off Canal off Quogue Canal,
as per application and survey submitted.
PERMIT NO. 5708 is issued to En-Consultants, Inc., agent
for JACK E. MAURER (R.O.W.), owner PAUL K. FIEDLER, 545
Main Street, Quiogue, to amend Permit No. 5670 contruct a
timber dock consisting of 4 1 X 50 1 fixed, elevated (4 1
above grade) walkway; 4' x 14 hinged ramp; (2) 6' x 20'
floats, outer 10' x 24 1 float arranged in 11 L11

configuration toward the north, 2 1 x 18 1 finger float


arranged in 11 1" configuartion to north and 12' distant
from outer float. Project is located on owner's property
off Quantock Bay, as per application and survey submitted.
PERt.JIT No. 5709 is issued to En-Consultants, Inc., agent
for GARY GUARNACCIA & DAVID NICHOLAS, 86 & 88 Dune Road,
Westhampton Beach, to construct a 4' X 450 1 fixed elevated
(4 1 above grade) catwalk; 4 1 x 14 1 hinged ramp; (2.) 6. 1 x
20 1 floats in "T" arrangement. Project is located on
owner 1 s property off Quantuck Bay, as per application and
survey submitted.

-77-
(Continues, April 23, 1990, BOARD OF TRUSTEES)

PERMIT No.· 5710 is issued to Pegi Erberber, agent for YEVA


SONA APIKOGLU, 9 Marlin Road, Shinnecock Shores, East.
Quogue, to re-shealth 75 1 of existing bulkhead. The
permit is subject to the following conditions:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will
be permitted. No organic top soils are to be
placed along the inside of the new bulkhead.
Project is located on owner's property of£ Marlin Road
Canal, as per application and survey submitted.
PERMIT NO. 5711 is issued to RICHARD L. & LEE D.
MCCHESNEY, Indian Run, Bast Quogue, to reconstruct a 4' x
45' catwalk (4' above grade) starting 5 1 north of existing
brush jetty running north into Carter Creek. An 8 1 ramp
from end of catwalk will go to a 4' x 12 1 flaot which will
run perpendicular to ramp and catwalk and be parallel to
shoreline. Project is located on owner's property off
Tiana Bay, as per application and survey submitted.
PERMIT NO. 5712 is issued to Michael Sylv.ester, agent for
PETER KtiNz, 12 Harbor Road, Hampton Bays, to construct
120 1 (in-kind) replacement cca wooden bulkhead in same
location of existing one after removal. Replace existing
walkway deck. No Dredging. Backfill with truck 1n 30 yds
of clean sand. This permit is subject to the following
conditions:
1. Filter cloth shall be installed behind the new wall
prior to backfilling to hinder sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils. behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
No organic top soils are to be placed along the
inside of the new bulkhead.
Project is located on owner's property off Dug Lagoon off
Smi tb Creek, as per application and survey submitted.
PERMIT NO. 5713 is issued to En .. consultants, Inc., agents
for JOSEPH & JOSEPHINE BARRERA, 11 Hyler Drive, Hampton
Bays, to construct easterly 15' section of bulkhead (to
meet sheathing of neighbors), Bulkhead to be raised
approximately 18' in elevation to meet neighbors)
Construct a 12' x 40' boat slip. The northerly wall will
be approx. 2' lower than easterly & westerly walls. A 4'
x 18' step down platform will be constructed for ease of
access to owner's boat (kept in boat slip). The 18'8"
section of bulkheadon west end of property will be removed
and replaced to meet the westerly neighbors bulkhead, but

~ 7R-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
will also be raised in elevation to match it. Dredge to
4' below MLW up to 5' in front of bulkhead. All spoil and
excavated material will be placed behind bulkheads. This
permit is subject to the following special conditions:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall,
Z. To hinder siltation, the .final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
No organic top soils are to be placed along the
inside of the new bulkhead·.
Project is located on owner's property off dug canal off
Tiana Bay, as per application and survey submitted,
PERMIT NO. 5714 is issued to .Pell 1 s Fish Dock & Marina,
Inc., agent for WILLIAM R. PELL, Dune Road, Hampton Bays,
to derce southwest corner 6 1 below MLW. Project is
located on owner's property off Shinnecock Bay, as per
application and survey submitted.
PERMIT NO. 5715 is issued to Bourke, Flanagan, Asato,
agents for DAVID SAWYER, Corner of Meadow Lane &. Halsey
Neck Lane, s·outhampton, to construct four 4' X 16 1 floats
and a 4 1 x 83' catwalk (4 1 above grade). Project is
located on owner's property off Taylor's Creek, as per
application and survey submitted.
PERMIT NO. 5716 is issued to ROBERT WEINREB, Bay View
Oaks~ Southampton, to construct a 6 1 . x 20' float, with a
3' x 20' ramp·. Float and ramp to be removed in winter
months. Project is located on owner's property off Fresh
Pond, as per· application and survey submitted.
PERMIT NO, 5717 is issued to MARCEL T. DAMJECKI &DAVID T,
SCHIAVONI, C!1ff Drive Sag Harbor, to extend .Permit No.
5477 for a period of one year. Project is located on
owner's property off Sag Harbor Cove, as per application
and survey submitted.
PERMIT NO, 571~ is issued to LOUIS SCHWIMMER, Notre Dame
Road &
Upper Sag Harbor Cove, North Sea, to construct 4' x
52 1 timber catwalk dock, 4 1 x 40' timber main deock with
offshore deck, 3 1 x 16' timber ramp, 8' x 24' timber float
dock and 92 2-pile float support dolphins. Project is
loca-ted on owner's property off Upper Sag Harbor Cove, as
per application and survey submitted.

-79-
(Continues, April 23, 1990, BOARD OF TRUSTEES)

APPLICATIONS FOR PERMITS HELD:


An Application for permit from En~Consultants, Inc.,
agents for STEVE}l STARK, Fisk Avenue, Westhampton Beach,
to construct a 36' x 36' indented boatslip 15' from the
side property line. An area 36' square off the boatslip
will be dredged. All dredged material (50+ c.y.) plus
upland material excavated for boatslip will De removed to
an upland site. In addition a 3' x 12' hinged ramp plus
6' x 24 1 float secured by (2) 8" diameter pilings will be
placed within the boatslip. Replace (within 18") all
remaining existing bulkheading (143+ 1 ) . Is held for
Trustee Bennett to contact agent and/or applicant to agree
on the special conditions.

MOORING PERMITS ISSUED:

PERMIT NO. 90-70 is issued to Richard D. Braun, Jr., 59


Willow Street, Southampton, to place a 200 lb. mushroom
and anchor mooring and buoy for a 24' Sea£airer Sloop
(Reg. No, NY7883CV), in Noyac Creek, under the direction
of Bay Constable Chris Kohnken.
PERMIT NO. 90-71 is issued to Charles W. Clarke, Rt2 Box
351, Whitney Road, Sag Harbor, to place a 250 lb. mushroom
and anchor moorin.g and buoy for a 20' motor boat (Reg. No.
NY7426AN), in Paynes' Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO. 90-72 is issued to Demetrio R. &Susan H. Cota,
80 Roses Grove, Southampton, to place a 150 lb. mushroom
and anchor mooring and buoy for a 22' ·Macgregor Sailboat,
(Reg. No. NY1921GR), in Wooley Pond, under the direction
of Bay Constable Chris Kohnken.
PERMIT NO. 90-73 is issued to Manny Cunha, P.O. Box 758,
Sag Harbor, to place a ZOO lb. mushroom and anchor mooring
and buoy for a 28 1 Cabin Cruiser, (Reg. No. NY1942DS), in
Sag Harbor Cove, under the direction of Bay Constable
Chris Kohnken.
PERMIT NO. 90-74 is issued to Arthur Elgurt, Meadow Lane,
Southampton, to place a 75 lb. mushroom and anchor mooring
and buoy for a 17 1 Boston Whaler, in Heady Creek, under
the direction of Bay Constable Dale Petruska.

-80-
(Continues, April 23, 1990, BOARD OF TRUSTEES)

PERMIT NO. 90-75 is issued to Robert J. Gobright, Box 814-1, RR


1, Sag Harbor, to place a 300 lb. mushroom and anchor mooring
and buoy for a 23' Sailboat, (Reg. No. NY5567EX), in Noyac
Creek, under the direction of Bay Constable Chris Kohnken.
PERMIT NO. 90·76 is issued to David R. Goodale, RR 1, Box 371,
Water Mill, to place a 150 lb. mushroom a~d anchor mooring and
buoy for a 16' Sailboat, (Reg, No, NY3967GJ), in Bullhead Bay,
under the direction of Bay Constable· Chris Kohnken.
PERMIT NO. 90-77 is issued to Karl Grossman, 751 Noyac Road, P.
0. Box 1680, Sag Harbor, to place a 100 lb. mushroom and anchor
mooring and buoy for a 23' Pennant Sailboat, (Reg. No,
NY2757GJ),' in Noyac Creek (off Maple Lane), under the direction
of Bay Constable Chris Kohnken.
PERMIT NO. 90-78 is issued to John Hensel, 40 Crescent St.,
RRZ, Box 338, Sag Harbor , to place a 75 lb. mushroom and
anchor mooring and buoy for a 18' 6 11 Outboard, (Reg. No.
NY1Z68DU), in Staff Payne Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO. 90 ... 79 is issued to Peter L, Madison, Jr., RRl, Box
1335, Sag Harbor, to place a 50 lb. mushroom and anchor
ntooring and buoy for a 17' Outboard , (Reg. No. NY5962Dl), in
Mi 11 Creek, Noyac,, under the direction of Bay Constable Chris
Kohnken.
PERMIT NO. 90~80 is issued to Gai.-y J. Minnick, ZSS Royal
AvenuP., Flan:ders, to place a 150 lb., mushroom and anchor
mooring and buoy for a 25' Sailboat , (Reg. No. NY9551PC), in
Red Creek Pond, undel," t-he direction of B"ay Constable Ken Malone.
PERMIT NO. 90-81 is issued to Henry T. Mohr III, RD2, Box 260,
Sag Harbor, to place a 30 lb., mushroom and anchor mooring and
buoy for a 16' Fiberglass, (Reg. No. NY8-229PA)~ in Noyac Cove,
under the direction of Bay Constable Chris Kohnken.
PERMIT NO. 90-82 is issued to William H. Sacher, 5 Cedar
Avenue, North Sea, to placP. a 200 lb., mushroom and anchor
mooring· and buoy for a 26 1 Sea Ray, (~eg. No. NY2962PE), in
North Sea Harbor, u·nder the direCtion of Bay Constable Chris
Kohnken.
PERMIT NO. 90-83 is issued to Haris B. Wehrmann, 633 Red Creek
Road, Hampton Bays, to place a 75 lb. 1 mushro"oin and anchor
mooring and buoy for a 0/B, (Reg. No, NY1944GK), in Red Creek
Pond, under the direction of Bay Constable Ken Malone .•
PERMIT NO, 90-84 is issuad to Myrna Young, Jackson Avenue, East
Quogue, to place a 50 lb., mushroom and anchor mooring and buoy
for a 14' Sailboat, in Shinnecock Bay, under the direction of
Bay Constable Stuart Rose.

-81-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
PERMIT NO. 90-85 is issued to Robert R. Lester, 113 Sebonac
Road, Southampton, to place stakes for eels carts in hayground
creek, under the direction of Bay Constable Chris Kohnken.
PERMIT NO. T90-501 is issued to Eric Ruttenberg, 936 Fifth
Avenue, Apt. lSB, N.Y., to place a 150 lb., mushroom and
anchor mooring and buoy for a 23 1 Boat (Donzi), (Reg. No.
NYZ085JY), in Bullshead Bay,. under the direction of Bay
Constable Chris Kohnken.
FYKE PERMIT ISSUED

PERMIT NO, FT-2 is issued to Robert Lester, 113 Sebonac Road,


Southampton, to place a Fyke in Mecox Bay, outside the mouth of
Mill Creek.
PERMIT NO. FT.;.S is issued to Robert Lester, 113 Sebonac Road,
Southampton, to place a Fyke in Me cox Bay, outside the mouth of
Hayground Cove.
PERMIT NO. FT-6 is issued to Robert Lester, 113 Sebonac Road,
Southampton, to place a Fyke in Mecox Bay, outside the mouth of
Sams Creek.

FISH TRAP PERMIT ISSUED


PERMIT NO. FT-22 is issued to Jeffrey Kraus, Inlet Road, East,
Southampton, to place a fish trap in Weesuck Creek, East
QUogue, off of West End Avenue, going 500 feet from shore, as
per applicants marker on Trustees' map.
PERMIT NO, FT-23 is issued to Jeffrey Kraus, Inlet Road, East,
Southampton, to place a fish trap in Sinnecock Bay on west side
of Pine Neck and ZOO feet west of the last creek to the west of
Pine Neck, as per applicants marker on Trustees' map.
PERMIT NO, FT-24 is issued to Jeffrey Kraus, Inlet Road, East,
Southampton, to place a fish trap in Sinnecock Bay between the
last two creeks on Pine Neck, as per applicants marker on
Trustees 1 map.
PERMIT NO. FT-25 is issued to Jeffrey Kraus, Inlet Road, East,
Southampton, to place a fish trap in Tiana Bay, 400 feet off
shore of Romano Drive, Hampton Bays, as per applicants marker
on Trustees' map.
PERMIT NO. FT-74 is issued to Jeffrey Kraus, Inlet Road, East,
Southampton, to place a fish trap 1500 feet west of the last
creek on Pine Neck Point in Shinnecock Bay·, as per applicants
marker on Trustees' map.

-82-
(Continues, April 23, 1990, BOARD OF TRUSTEES)
POT PERMIT ISSUED
PERMIT NO. PT-20 is issued to William R. Mattews, Nidzyn
Avenue, Speonk, to place pots in Great South Bay·, Town of
Southampton waters for 1990.
PERMIT NO. PT-21 is issued to Asa Ci tuk, Sebonac Road,
Southampton, to place pots in Shinnecock Bay, Town of
Southampton waters for 1990.

-83-
APRIL ZB, 1990

THE SPECIAL MEETING OF THE BOARD OF TRU~TEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD ON SATURDAY, APRIL 28, 1990, AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank,
Patrick A. Heaney.
Resolved that the Trustees are here by authorized to
retain the service of Carol 0' Gar a for Office help at the
hourly wage of $9.00, to be paid from the Trustees'
Special Account.

The meeting on motion was adjourned.


Respectfully submitted,
MAY 7, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, MAY 7, 1990, AT 1

P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


Paul W. Parash, William T. Frank, and Patrick .A. Heaney

and Town Attorney John Bennett.


The minutes of the regular meeting of April 23, 1990,
and April 28, 1990, were read, and approved as read.
Frank Smith was present to discuss property in
Flanders he feels the Trustees own. A motion was made by
Patrick Heaney, seconded by Paul Parash and duly carried
to have Squires, Holden & Weisenbacher survey this
parcel. Surveying charges to be paid out of Trustees'
Special Account~

Linda Riley of the Boule, Flanagan, and Asato, law


firm in Southampton was present to discuss her client 1 s
Anna Moers, Lake Drive, Southampton application for permit
that was denied. Ms~ Moers did not understand the
conditions of the letter, re: removal of old dock prior to
submitting an application for permit for existing dock.
Trustees explained underneath the existing illegal dock is
a deteriorated dock which must be removed prior to their
approval of Ms. Moers application for permit for the
existing illegal dock.
Steven Dodge and William Larken, Hampton Bays Civic

-85-
(Continues, May 7, 1990, BOARD OF TRUSTEES)
Association were present to discuss certain eye sores in
the community. One being a houseboat docked at the North
end of Smith Creek. Edward Warner stated the Trustees are
aware of this houseboat, but can not locate the owner for
removal. Patrick Heaney stated as Ordinance 20 reads, it

would not determine whether it can be classified as a


houseboat, but whether it's primarily used for
transportation over the waters or not. William Larken
explained the second problem is an access road by the
Belvedere Motel. The hotel would like the people having
easement over the road to sign it over to them. Edward
Warner advised Mr. Larken not to sign over any rights.
Thirteen (13) applications for permits were received.
Eleven (11) applications for permit were approved.
Two (2) applications for permit was held;
Eleven (11) Mooring permits were approved.
CORRESPONDENCE:
John Behan, Assemblyman, Trustees, re: reply for Mr.
Warners letter on 21st Century Environmental Quality Bond
Act.
John Behan, Assemblyman, Trustees, re: Mr. Warner's
letter regarding Shellfish laws set by the D.E.c;
Joseph Sawicki, Assemblyman, Trustees, re: reply for
Mr. Warners letter on 21st Century Environmental Quality
Bond Act.
u.s. Army Corps of Engineers to John Guldi, cc:
Trustees re: Sag Harbor Cove dredging,

-86-
(Continues, May 7, 1990, BOARD OF TRUSTEES)
U.S. Army Corps of Engineers to Trustees re: Clean
Water Act Section 404 Regulatory Program and Agricultural
activities.
N.Y.S.D.E.C., George Stavropolous Supervisor, cc:
Trustees re: closure of approximately 2,650 acres of
shellfish in Moriches Bay.
N.Y.S.D.E.C., Trustees re: closure of approximately
2,650 acr~s of shellfish in Mor1ches Bay.
N. Y.S.D.E.C., Lisa Tettelbach, Trustees re: Water
sampling and closures.
N.Y.S.D.E.C., Richard Fox, Trustees re: Shellfish
Culture Permit for Howard Pickerell, Jr.
Assembly Standing Committee on Environmental
Conservation, Trustees Re: Meeting on Environmental
Impact of Next Generation Radar (NEXRAD) Doppler Effect
Radar System~ The Bay Constables will receive cOpies.
Assembly Standing Committee on Environmental
Conservation, Trustees Re: Meeting on the Threat of Zebra
Mussels to the Great Lakes.
Cornell Cooperative Extension, Trustees, re: 1990 Save
the Bays Workshop; June 1, L990 Coastci.l Zone Management,
and July 27, 1990 State of the Bays Conference. The
Trustees will receive copies~ Trustees' special account
will cover cost of Trustees wishing to attend.
George Stavropolous, Supervisor, Trustees, re: SMOKING
POLICY OF THE TOWN ·OF SOUTHAMPTON, adopted April 24, 1990,
David Emilita, N.Y.S.D.E.C., cc: Trustees, re: 1990
EQBA.
·87·
(Continues, May 7, 1990, BOARD OF TRUSTEES)
Group for the South Fork, Trustees, re: Long Island's
Natural Habitat Management Series to be held June 8,
1990. The Trustees will receive copies.
Public Notice re: Meeting of Monday, May Zl, 1990 is
postponed until Tuesday May 29, 1990 at 1:00 p.m.
Suffolk Community College re: UNIX System course to
be held June 11 - June 15 at the College.
Motorola, Trustees re: New office 40 Crossway Parks
Drive, Woodbury, New York.
Mus sa vi Gallery, Trustees, re: opening of an
exhibition of Drawings and Prints.
A motion was made by Patrick Heaney, seconded by
Edward Warner, and duly carried to pass the following
resolution: Resolved, that the Rules and Regulations of
said Trustees for the Management and Products of the
Waters of the Town of Southampton as adopted by resolution
on the 17th day of April, 1989, and as amended from time
to time thereafter, are hereby cancelled and declared null
and void; and
BE IT FURTHER RESOLVED that the following Rules and
regulations be and they hereby are ADOPTED, ENACTED,
RE-ENACTED in their place and stead, effective as of the
21st day of May, 1990.
A motion was made by Patrick Heaney, Seconded by Paul
Parash, and duly carried to pay for the following bills
out of Trustees' Special Account:
1. Carol O'Gara office worker $274.50
2. Cold Spring Harbor Hatchery trout $l,SOO.OC
-RR-
(Continues, May 7, 1990, BOARD OF TRUSTEES)
3, Whalegone General Store Hagstrom $120.00

4. Pine Barren Printers T Fermi ts $133.10


Patrick Heaney stated he "·ould be attending the Friday
Town Board Work Session re: Stormwater Abatement Program.
A motion was made by William Frank, seconded by Paul
Parash, and duly carried to have Rambo open Mecox.
Edward Warner stated next Monday we will hold Oyster
Transplant from Oyster Pond, Montauk to Mill Creek,
.Noyac, The Clam Transplant will take place on the 21st of
May.

The meeting on motion was adjourned.

Respec~fully submitted,

~~ ~nr.l?Y
Wilham Bennett, Secretary

PERMITS ISSUED

PERMIT NO. 5719: is issued to En-Consultants, Inc., agent


for ANTHONY DREYSPOOL, 168 Beach Lane, Westhampton Beach,
to construct a 5' x 5' platform, 4' x 12 1 hinged ramp, and
6' x 16 1 float; replace (within 18") 127 l.f. of timber
bulkhead \Which will attach and be in line with adjacent
bulkhead to south; dredge a maximum of 10 c. y. from an
area up to 10 1 off bulkhead and maximum depth 4' below
MLW. Project is located on owner 1 s property off Dug
Lagoon off Quantuck Canal, as per application and survey
submitted.
PERMIT NO. 5720: is issued to En .. consultants, Inc., agent
for JOHN GIUSIO & RUTH VIVINETTO, 326 & 328 Dune Road,
Westhampton Beach, to install 167.:!:. l,f, of stone
rip-rap. Project is located on owner's property off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 5721: is issued to Harbor Marine Construction,
Inc., agent for DESIGN PROPERTIES, Cricket Path,
Remsenburg) to renew Permit No, 5495. Project is located
on owner's property off Dug Canal off Moriches Bay, as per
-89-
(Continues, May 7, 1990, BOARD OF TRUSTEES)
application and survey submitted.
PERMIT NO~ 5722: is issuBd to George Prodromakis, agent
'tor TIANA NATIVE SON INC., 71 West Tiana Road, Hampton
Bays, to construct two 8' x 10' floats, add to existing
and one 6' xlO' float and add 6 tie off poles to new
floats. Project is located on owner's prOperty off Dug
Canal off Tiana Bay, as per application and survey
submitted.
PERMIT NO: 5723: is issued to J.M.O. Consulting, agent for
DON CIAMPA, Waters Edge Drive, Quogue, to construct 4' x
382' catwalk around bulkheading. NOTE: NO' DREDGING
PERMITTED: Project is located on owner's property off
Quantuck ~ay, as per application and survey submitted.
PERMIT NO: 5724: is issued to En-Consultants, Inc., agent
for WILLIAM MUIR, e/s Cedar Road, Hampton Bays, to
construct 67 1.£. of timber re<a1n1n1 wall as indicated
the attached work plan.

PERMIT NO: 5725: is issued to En-Consultants, Inc., agent


tor H.HNKl PLEMPER, Pawnee Street, Southampton, to install
(4) additional pilings within previously approved "L"
shaped dock as shown on attached site plan. Pilings are
to be used for boatlift. Project is located on owner's
property off Shinnecock Bay, as per application and survey
submitted.
PERMIT NO~ 5726: is issued to En-Consultants, Inc., agent
for MICHAEL REINHARDT, Private Road off Noyac Road, North
Sea, to remove and replace (in same location and
configuration) 20 LL of timber bulkhead. NOTE: PRIOR
TO BULIHBADING THE DltAIN PIPE MUST BE CUT 20 1 AWAY FROM
WOOLEY POND AND THEN CAPPED; TRUSTEE PAUL PARASH MUST
INSPECT AND APPROVE CAPPED PIPE PRIOR TO BULKHEADING.
Backfill with 3 c.y. of clean fill to be trucked in.
Project is located on owner's property off Wooley Pond, as
per application and survey submitted.
PERMIT NO: 5727: is issued to En-Consultants, Inc., agent
for DAVE BOFlLL MARINE, INC~, 1810 North Sea Road,
Southampton, to replace existing pilings in travel lift.
Maintenance dredge 10 c.y~ from in front of bulkhead which
is being replaced under authority of Permit No~ 5636.
This permit is subject to the following conditions:
1. Filter cloth backing to be installed on the inside
of the new bulkhead to hinder sedimentation through the
wall.
2. Only clean sand or back run from an of£ site upland
-90-
(Continues, May 7, 1990, BOARD OF TRUSTEES)
location is to be used for backfilling purposes.
3, Excavated bog materials are to be removed to a
suitable upland site.
4. The top of the new bulkheading is to finish a
minimum of four inches above the final grade o£ the
backfilled upland behind the wall. This· will prevent
siltation or storm runoff over the top of the wall from
the adjacent boat storage area.
Project is located on owner's property off Arm of North
Sea Harbor, as per application and survey submitted.
PBRMIT NQ~ 572.8: is issued to HarbOr Marine Construction,
inc. , agent for RONALD KEILLOR, Bre·nnan' s Moor, Water
Mill, to replace existing stairs (3' x 17 1 ) 181' above
grade; construct a 4 1 x 20 1 dock ( 4 1 abOve grade); 4 1 x
12' ramp;' and 8 1 x ZO' floating dock. Project is located
on owner's property off Mecox~ as per application and
survey submitted.
PllRMIT NO; 57Z9: is issued to STEPHEN TAGLIAVIA, 77 Lake
DrtVe B. V.o., North Sea, Southampton, to attach an 4 1 x
zz I floating dock to existing 4' X Z0 1 to form a 11 T11 • ITT"
will be pla<::.ed approximately 4' from the corner of th!!
existing floating dock, not to interfere will adjoining
neighbor's ramp~ Project is located on owner's property
off Fresh Pond, as per application and survey submitted.
APPLICATION. fOR PERMIT HELD:
Application for· permit for John Weickert, 38 Dolphin
Road, East Quogue, to dredge 75 1 x 10 1 to a depth of 4'
below MLW was held due to incomplete application.
Application will be placed on hold until a survey is
submitted to indicate the location of the proposed
dredging, and method of disposal of spoil is indicated.
Application for permit for E. Pete·r Corwith,- Old Mill
Road, Water Mill, to construct a 5 1 x 16' floating dock
was held £or an meeting with Trustee William Frank.
MQORING PERMITS APPROVED:
PERMIT NO; 90-86 is issued to Alan Alster & Raymond
Scelzi, 297 Pine Neck Avenue, Noyac, to place a 150 lb.
mushroom and anchor mooring and buoy for a zo·' Annapolis
Sailboat (Reg. No~ NY8260CA), in Mill Creek, under the
direction of Bay Constable Chris Kohnken~
PERMIT NO; 90-87 Is issued to Ward Doerschuck, 7Z4 Dune
Road, Wes-thampton, to place a 75 lb. mushroom and anchor
mooring and buoy for a 20' Shamrock (Reg. No. NY67:HPE),
in Moriches Bay, under the direction of Bay Constable Ted
Sadleir.

-91-
(Continues, May 7, 1990, BOARD OF TRUSTEES)

PERMIT NO. 90-88 is issued to Stephen Goldman, 9 Trynz


Lane, Hampton Bays, to place a 100 lb. mushroom and anchor
mooring and buoy for a 22 1 (Reg. No. NY6323PJ), in front
of property, Shinnecock Bay, under the direction of Bay
Constable Ken Malone.
PERMIT NO. 90-89 is issued to Fredrick &. Helaine Gould,
316 Dune Road, Westhampton, to place a 100 lb. mushroom
and anchor mooring and buoy for a 19 1 Baja (Reg, No.
NY8294JZ), Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO~ 90-90 is issued to Arthur B. Harroun, Jr., 1404
Flanders Road, Flanders , to place a 100 lb. mushroom and
anchor mooring and buoy for a 16' (Reg. No. NY4239AN),
Birch Creek, under the direction of Bay Constable Ken
Malone.
PERMIT No; 90•91 is issued to Nina M. Hulse, 1092
Millstone Road, Noyac, Sag Harbor, to place a 100 lb.
mushroom and anchor mooring and buoy for a 27 1 Cris Craft
(Reg~ No. NY4522DF), Noyac Creek, under the direction of
Bay Constable Chris Kohnken.
PERMIT NO~ 90-92 is issued to Robert Kaiser, 37 Greenfield
Road, Southampton, to place a 100 lb. mushroom and anchor
mooring and buoy for a 17 1 0' Day, North Sea Harbor, under
the direction of Bay Constable Chris Kohnken:
PERMIT NO: 90-93 is issued to William A. Meister, 215
Noyac Road, Southampton, to place a 75 lb. mushroom and
anchor moo.ring and buoy for a 16' Boston Whaler, in front
of home, North Sea Harbor, under the direction of Bay
Constable Chris Kohnken:
PERMIT NO; 90 .. 94 is issued to George V~ V. Rouse, Cresent
Street, Sag Harbor. to place a 100 lb: mushroom and anchor
mooring and buoy for a 19' Columbian (Reg No. NYZ704PP),
in Paynes Creek, under the direction of Bay Constable
Chris Kohnken~
PERMIT NO: 90 .. 95 is issued to Noyac Marina, Inc., Pine
Neck Avenue, Sag Harbor, to place two (2) 150 lbs., six
(6) 100 lbs., one (1) 75 lbs; mushrooms and anchor
moorings and buoys for commercial use, in Mill Creek,
Noyac, under the direction of Bay Constable Chris Kohnken.
PERMIT NO~ 90 .. 96 is issued to Peconic Marina, Inc., Noyac
Road, Southampton, to place eight (1) 100 lbs. mushrooms
and anchor moorings and buoys for commercial use, in
Wooley Pond, under the direction of Senior Bay Constable
John Andersen.

·9Z·
MAY 29, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON TUESDAY, MAY 29, 1990,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W. Parash, William T. Frank,
Patrick A. Heaney; and Deputy Town Attorney John M.
Wourgola.
The minutes of May 7, 1990, were read, amended, and
approved as amended.
John Knobel! of Sag Harbor was present to ask where
thA access roads to Big Fn~sh are located. William Frank

stated that we are researching an ar~a off Lake Drive to


be designated for a future ramp and parking area. Mr.
Knobell stated that the area at the end of the road where
he lives is marked on his deed as Trustees property. He
will give a copy of his deed to Trustees for their files.
Mr. & Mrs. Trotta came in regarding a town employee
that stopped by their home on Saturday and stated two
docks would be built next door to them~ 1 private dock and
1 public dock. Mrs. Trotta asked how one dock could be
public when it is private property. William Frank stated
that he was there over the we6kend to review. an
application for permit for a Mr. Lyons. Mr. Frank
explained that the area was all private and no public dock
would be allowe·d. The Trustees must approve any docks~
(Continues, May 29, 1990, BOARD OF TRUSTEES)
bulkhead, floats, etc. before the-y are constructed. Mrs.
Trotta explain that Mr. Lyons is not the owner of the
property but a Ms. Kovate. The Trustees will hold his

application.
A delegation was present to discuss the dredging of
Old Fort Pond. Present were Donald Aldrich, Donald Getz,
Alvin Siegel (Dean of College), Keith Serafy, Ralph Welker
all of Southampton College; Ms. Feret resident of Old Fort
Pond; Michael Irving, Commodore of Southampton Yacht Club;
Greg Rivera, Cornell Cooperative Extension; Joe Carr, Best
Boat Works. They requested that the channel be dredged
100' wide the entire length of Old Fort Pond including the
mouth leading into Shinnecock Bay, This is new dredging
work. At previous meetings the Trustees stated they would
agree for dredging the area from Best Boat Works to the
College Marine Station, as long as they have located a
spoil area, Mr. Getz stated this is not what they want,
it would be a waste of time dredging the small area. The
Trustees asked if they have approached other regulatory
agencies. It was explained that the Captain of the
college research vessel has contacted Mr. Hamilton of the
D.E.C., who agrees with the need for the dredging and
decided thl'! spoil should be placed on the ocP.an barrier
beach or out in thP. ocP.an. It was also stated that John

Guidi of the Suffolk County Public Works has beP.n


contacted. Mr. Guidi stated anything less than the 100'
width would not b• fP.asible for thP. County. The
dP.legation was told that to initiate the dredging they

-94-
(Continues, May 29~ 1990, BOARD OF TRUSTEES)
\.,.ould have to see Suffolk County, the Trustees are not the
Lead Agency. John Wourgola will give the proper steps to
follow.
Fourteen (14) Applications for permit were received.
Twelve (12) Applications for permit were approved.
One (1) Application for permit was denied.
One (1) Applications for permit was held.
Twenty-nine (29) Mooring permits were approved.
CORRESPONDENCE:
U•. S. Food & Drug Administration, Trustees, re:
Non-point Pollution Shellfish Sanitation Conference to be
held June S-8~ 1990.
Kenneth P. LaValle, Trustees, re: Environmental
Quality Bond Act.
N. Y.S. Department of Labor~ Trustee.s ~ re: Violations
at Jackson Avenue~ Hampton Bays. John Wourgola replied
that the N.Y.S. Department of Labor is sending information
about grant funds to fix the discrepancies.
N.Y.S. Office of General Service Notice of Federal
Surplus Property offering.
Hofstra Cultural Center, Trustees re: Environmental
Conference June 7 ~ 9, 1990
Br.uce Anderson, Trustees, re: Shellfish.
Bruce Anderson~ Tru~tees, re: Wildwood Lake.
Bruce Anderson, Trustees re: Surface Water Testing
Wildwood Lake.
c. Curzio, President, The Narrows, Edward Warner, re:
the water of Fish Cove. John Wourgola will answer.

-95-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
Eva Toth, Trustees, re: St~hen & Michelle Goldman
permit to build dock. John Wourgola will answer.
Hampton Bays Civic Association, Inc., to Town Board,
cc Trustees, re: eyesores in Hampton Bays.
Response Marine, Inc., John Andersen, cc Trustees, re:
Fire/rescue boats.
A motion was made by William Bennett, seconded by
Patrick Heaney, and duly carried to pay for the following
out of Trustees Special Account:
1. Pine Barrens Printing T-Perui ts $133.10
2. Collum Signs Inc. T-Parking Signs $250.00
3. Carol 0 Gara1 Office Help $877.50
A Motion was made by Patrick Heaney, seconded by
Wi 11 iam Frank, and duly carried accept Pine Barren
Printing for lowest price quote to be paid from Trustees •
Special Account. The quote was for 1000 copies of the
Rules and Regulation books, $705.60.
Patrick Heaney stated that he is reviewing a project,
not before this Board but before Army Corps of Engineers.
He has written to the Army Corps in objection to the spoil
site, and has a meeting with the agent this week,
Patrick Heaney requested a temporary resurfacing of
dock facilities at Bay Avenue, East Quogue to get it
through the summer. A very dangerous condition exists
down there now. Patrick Heaney will see if William
Masterson will resurface the area, if not he will obtain
prices for this work for the next Trustees meeting.

-96-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
William Bennett stated that Bay Avenue, Eastport is in
need of resurfacing the dock also. A motion was made by
William Bennett, seconded by William Frank and duly
carried to have Harry McCavoff resurface the docking area
for $750.00.
William Frank stated on May 17, 1990 both Mecox and
Sag were opened. They are now both closed. The second
order of fresh fish arrived. They stocked Trout Pond, Big
Fresh, Little Fresh and East Pond with Brown and Brook
Trout.
Edward Warner stated on May 14 the Oyster transplant
took place. Four boats and eight Baymen par,ticipated.
They har~ested 336 bushels. The Shellfish transplant from
Peconic Bay to Mill Creek was scheduled for May 21-24,
1990. May 21st was cancelled due to bad weather. On May
22 18 Baymen participated and they harvested 161 bushels.
On May 23 19 Baymen participated and they harvested 115
bushels. May 24, 1990 was cancelled. A second transplant
is scheduled for June 11-14, 1990. We will harvest 3 days
out of that period.
Received from Long Island Oyster Farms Inc. Seed Clams
20-45 rom.- Weight /counted 1,271 lbs (129,279 Clams).

Total Cost $5,000. Clam were placed in the following


areas:
E. Shinnecock off Peconic Road, and Reservation -
400 lbs were placed by Bay Constables Malone,
Kohnken, and Petruska.

-97-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
W. Shinnecock (Tiana & East Q~gue) -
400 lbs were placed by Bay Constables Malone,

Kohnken, and Petruska.


Moriches Bay ~ ".
471 lbs were placed by Bay Constables Sadleir, and
Rose.
Long Island Oyster Farms donated 88.5 lbs of 1/2 11 - 4"
Oysters (3, 894 Oysters). The Oysters were placed in
Mecox Bay.
Edward Warner read the Bay Constable report. M/3 is

having problem with the engine. John Andersen -will


contact O.M.C. (Johnson) to see if they will pay for the
repair work since it is a factory defect.

The meeting on motion was adjourned.

PERMITS ISSUED:

PERMIT NO. 5730: is issued to En-Consultants, Inc., agent


for RAYMOND NESSIM, Club Lane, Remsenburg, to on canal
(east side), replace existing 283 1.£. of timber bulkhead
within 18 11 • Dredge a maximum of 10 c.y. from in front to
maximum depth 4' below MLW in area of davits ( 80+ 1 ) . On
bay (south side), remove existing bulkheads and repl.ace in
same location and configuration except that present 20 1
wide boat ramp will be closed and bulkhead across and
backfilled. Total length of bay front bulkhead will be
260.!.' plus 10 1 return on w/s. Approximately 150 c.y. will
be trucked in. This permit is subjected to the following
conditions:
1. Filter cloth shall be installed behind the new wall
prior to backfilling to hinder sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed

-98-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand only will be used for backfill.
Project is ·located on owner's property off Moriches Bay,
as per application and survey submitted,
PERMIT NO~ 5731: is issued to EnMConsultants, Inc., agent
for EVERETT FINESTONE, 7 Stacy Drive, Westhampton Beach,
to construct a contiguous fi:x:ed walk (4' above grade) and
pier of overall length 160+' x 4 1 with 24 1 x 4' outer
"T". Project is located on- owner's property off Moriches
Bay, as per application and survey submitted.
PERMIT NO~ 5732: is issued to Harbor Marine Construction,
Inc., agent for MICHAEL SANDS, Wetzel Court, Remsenburg,
to construct (4) 10" x 20 1 pilings on n/s of existing dock
for a 4,500 lb. capacity davit master. Project is located
on owner's property off Wetzels Canal, as per application
and survey submitted.
PERMIT NO. 5733: is issued to Sea Coast Quality
Renovat1ons, Inc., agent for EUGENE CHMIEL, 31 Gardiners
Lane, Hampton Bays, to clear off boat ramp for .ac:;cess to
dock area. Project is located on owner's property off
Penny Pond, as per application and survey submitted.
PERMIT NO. 5734: is issued to SAMUEL M. GARBER, Newtown
Road, Hampton Bays, to construct a· 64' x 4' temporary
dock. Dock will be removed for winter months. Project is
located on owner's property off Great' Peconic Bay, as per
application and survey submitted.
PERMIT NO~ 5735·: is issued to Land Use Company, agent for
ROBERT PATCHELL, Gardiners Avenue, Hampton Bays, to
construct a 14.5' timber retaining wall, and back fill 50
c.y. of clean sands, The following special conditions
apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of distur~ed
soils behind the new bulkhead shall be a· minimum of
four inChes below the finished height of the wall.
3. Clean sand only will be.used for backfill.
Project is located on owner's property off Penny Pond, as
per application and survey submitte~.
PERMIT NO: 5736: is issued to Land Use Company, ·agent for
RANDALL & Kathryn Smith, Captains Neck Road, Southampton,
to construct a 4 1 x 110' fixed timber dock (4' above
grade), 3' x 10 ramp, and a 6 1 x 20 1 floating dock.
Project is located on owner's property off Heady Creek, as
per application and survey submitted.
PERMIT NO. 5737: is issued to Ed Kanak, agent for NECi.A

-99-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
KONAK, 468 Hampton Road, Sag 1-mbor, to ref ace 91' of
timber bulkhead. The following special conditions apply:
l. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
resheathing, only clean sand or gravel will be
permitted.
Project is located on owner's property off Noyac Bay, as
per application and survey submitted.
PERMIT NO: 5738: is issued to lnter .. Science Research
Assoc., Inc., agent for HUNTER GOODRICH, Cobb Isle Road,
Water Mill, to construct a 4 1 x 45 1 catwalk (at grade), 4'
x 18 1 (4 1 above grade) catwalk, 4' x 12' ramp, 8' x 12
dock. Project is located on owner's property off Me cox
Bay, as per application and survey submitted.
PERMIT NO; 57:19: is issued to E. PETER CORWITH, Old Mill
Road, Water M111, to construct a S' x 16' floating dock.
Project is located on owner's property off Mill Pond, as
per application and survey submitted.
PERMIT NO~ 5740: is issued to En .. Consultants, Inc., agent
for JOHN KLINK, Actors Colony Road, North Haven, to
construct a 6' x 175' catwalk (4' above grade) with outer
6' x 25' setdown platform. (2) mooring pilings will be
installed 16' off step down platform. Project is located
on owner's property off Shelter Island Sound, as per
application and survey submitted.
PERMIT NO. 5741: is issued to En-Consultants, Inc., agent
for JOHN HARRINGTON, Main Street, Sag Harbor, to construct
a 115 1 timber bulkhead plus 10 1 return on northwest side.
Backfill with 200 c.y. clean loam to be truck in from
upland source. The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off Otter Pond
Creek, as per application and survey submitted,
APPLICATION FOR PERMIT DENIED:

An application for permit from En .. consultants, Inc.,


agent for JOHANNES DEMETZ, 15 Aqua Drive, Southampton, to
Construct a timber dock consisting of a 4 1 x 120' fixed
elevated walk; 4' x 14' hinged ramp; 6' x ·20 1 fJ..oat
secured by (2) 8' 1 diameter pilings was denied without

-100-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
predujuces. The dock would bloc.ft-· Trustees property known
as Shinnecock Beach Road,
APPLICATIONS FOR PER~ITS HELD:
An application for permit from En-Consultants, Inc. :,-.
agent for Terry Lyons, was held for proof of ownership.
Mr. &Mrs. Trotta were present at the meeting and disputed
that Mr. Lyons is not the current owner but Ms. Kovack.
Tax map showes Ms. Kovack as current owner.
~OORING PERMITS ISSUED:
PERMIT NO: 90-97 is issued to George & Natalie Tierney,
WhalBrs. Drive, Sag Harbor, to place a 75 lb. mushroom and
anchor mooring and buoy for a 17 1 run-about (Reg. No.
NY1616DN), in Turtle Cove.
PERMIT NO~ 90-98 is issued to Christopher H. Butterfield,
476 East Montauk Highway, Hampton Bays, to place a 100 lb.
mushroom and anchor mooring and buoy for a 17' Aqua-sport
(Reg. No. NY3868PT), in Shinnecock Bay (200 yards west of
Galea).
PERMIT NO. 90-99 is issued to April Calderone, 59 Lake
Drive, Southampton, to place a 150 lb. mushroom and anc~or
mooring and buoy for a 20' Searay (Reg. No, NY6441JT), in
Fresh Pond.
PERMIT NO. 90-100 is issued to John D. Chester, 259 Pine
Neck Avenue, Noyac, to place a Wooden Stake for a 10 •
Pram, in Fresh Pond.
PERMIT NO. 90-101 is issued to Stuart A. Hersch, Dune
Road, Bridgehampton, to place a 50 lb. mushroom and anchor
mooring and buoy for a 15' Hobie Skiff (Reg. No,
NY6323PF)~ in Mecox Bay.

PERMIT No: 90-lOZ is issued to Kenneth Hoefer, 436 Dune


Road, Westhampton Beach. to place· a 150 lb. mushroom and
anchor mooring and buoy for a 19 1 Baja (Reg. No. ), in
Moriches Bay.
PERMIT NO. 90-103 is issued to James Jamieson, 33 Mineola
Court, Hampton Bays, to place a 100 lb. mushroom and
anchor mooring and buoy for a 20' (Reg. No. NY3660GT), in
Tiana Bay.
PERMIT NO. 90-104 is issued to Lao Janko·wski, Oak Lane,
Noyac, to place a 75 lb. mushroom and anchor mooring and
buoy for a 17.5 1 (Reg, No. NY1722HP), in Noyac Creek.
PERMIT NO. 90-105 is issued to Frank Lerner, 58 Harbor
Road. Westhampton Beach, to place a 100 lb. mushroom. and
anchor mooring· and buoy for a Sailboat; in Moriches Bay.

-101-
(Continues, May 29, 1990, BOARD OF TRUSTEES)
PERMIT NO, 90-106 is issued to Seth P. Nickerson, Dover
Avenue, Southampton, to place a 150 lb. (minimum) mushroom
and anchor mooring and buoy for a 24 1 run-about (Reg. No.
NY8214DL), in Wooley Pond.
PERMIT NO~ 90-107 is issued to Joseph J. Sturm, Chestnut
Road, Noyac, to place a 75 lb. mushroom and anchor mooring
and buoy for a 17' O'Day sailboat (Reg. No. NY6142'JV), in
Mill Craek.

PERMIT No: 90·108 is issued to Joseph Violand, 225 Noyac


Avenue, Noyac, to place a 75 lb. mushroom and anchor
mooring and buoy for a 18' Cat sailboat (Reg. No.
NJ5307FF), In Mill Creek.
PERMIT NO; 90-109 Is Issued to Joseph Violand, 225 Noyac
Avenue, Noyac, to place a 150 lb. mushroom and anchor
mooring and buoy for a 24' Flybrldge "JUST DUCKY" (Reg.
No. NJ6383), in Mill Creek.
PERMIT NO; 90-110 is issued to Joseph Violand, 225 Noyac
A-~e, Noyac, to place a 75 lb. mushroom and anchor
mooring and buoy for a 19.6 1 "FLIPPER" (Reg. No. NJ3241B),
in Mi 11 Creek.
PERMIT NO: 90-111 is issued to John c. Worden, Sr., Noyac
Road, Sag Harbor, to place a 175 lb. mushroom and anchor
mooring and buoy for a 24' Sl'la Bird (Reg. No. NY5662DN),
in Mi 11 Creek.
PERMIT NO: 90-112 is issued to John C. Worden, Sr. 1 Noyac
Road, Sag Harbor, to place a 170 lb. mushroom and anchor
mooring and buoy for a swim float, in Mill Creek.
PERMIT NO~ 90-113 is issued to Elwood Zimmermann, RD 1,
Sag Harbor, "to place a 75 lb. mushroom and anchor mooring
and buoy for a 17 1 slickcraft (Reg. No. NJ4919FB), in Mill
Creek.
PERMIT NO. 90-114 is issued to" Noyac Marina, Inc., Pine
Neck AVfmue, Sag Harbor, to place a 100 lb. mushroom and
anchor mooring and buoy for Commercial use, in Mill Creek..
PERMIT NO~ 90-115 is issued to Shinnecock Yacht Club,
Niamogue Lane, Quogue, to place 35 (thirty-five) 50-75 lb.
mushroom and anchor moorings and buoys for Club Members
use, in Shinnecock Bay,
PERMIT NO~ 90--116 is issued to John M. Anderson, Wildwood
Road, Sag Harbor, to place a 100 lb. mushroom and anchor
mooring and buoy for a 22' Grady White (Reg. No.
NY2517JS), In Noyac Creek.

PERMIT NO~ 90·117 is issued to John M. Anderson, Wildwood


Road, Sag Harbor, to place a 25 lb, mushroom and anchor

-102- ·'
(Continuos, May 29, 1990, BOARD OF TRUSTEES)
mooring and buoy £or a 12 1 row boat "JOHN BOAT" (Reg. No.
NY6521EP), in Noyac Creek.
PERMIT NO. 90-118 is issued to Scott & Maureen Mawhinney,
8 Botchwood Lane, Bast Quogue, to place a 200 lb,
(minimum) mushroom and anchor mooring and buoy for a 26'
Pearson sailboat (Doc. No. 7940DD), in Bullhead Bay.
PERMIT NO~ 90 .. 119 is issued to Herman & Lillian Spring,
RFD, Box 208, Southampton, to place a 100 lb. mushroom and
anchor mooring and. buoy for a 17 1 fiberglass o/b (Reg. No.
NY9198DF) in Fresh Pond. ·
PERMIT NO~ 90-120 is issued to Gislaine Wallach, Private
Road Red • Creek Park, Hampton Bays, to place a 150 lb;
mushroom and aQchor moorlng and buoy for a 19 1 sailboat
(Reg. No. NY0667KC) in Red Crook.
PERMIT NO~ 90-121 is issued to Michael Mampreyan, P.O. Box
1145, East Quogue, to place stakes ·for eel cars in Red
Creek, for the 1990 Season.
PERMIT NO~ 90-122 is issued to Michael Mampreyan, P.O. Box
1145, East Quog~e, to place stakes for eel cars_ in
Moriches Bay, at end of Baycrest Avenue, for the 1990
Season."
PERMIT NO; T90·502 is issued to Mark Peters, 139 Point
Road, Westhampton, to place a 100 lb~ mushroom and anchor
mooring and bUoy for a 17 1 larson (Reg. No. NY9108JA), in
Moriches Bay.
PERMIT NO; T90-S03 is issued to Nancy Rosenberg, 18 Bay
Road, Westhampton Beach, to place a 75 lb. mushroom· and
anchor mooring and buoy for a 13.4 1 Widgeon, in Moriches
Bay.
PERMIT NO~ T90-S04_ is issued to Nancy Rosenberg, 18 Bay
Road, Westhampton Beach, to place a 50 lb. mushroom and
anchor mooring and buoy for a 14' Sunfish, in Moriches Bay.

\O!
JUNE 4, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, JUNE 4, 1990, AT 1

P.M.

PRESENT WERE: Trustees William H. Bennett, Paul W.


Parash, William T. Frank, and Patrick A. Heaney and Deputy
Town Attorney John Wourgola.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to have William Bennett
act as chairman in the absence of our President today.
The minutes of the regular meeting of May 29, 1990,
were read, amended, and approved as amended.
William Bennett stated Sid Warner served the Town as
Bay Constable, His death was a great loss to us and our
chairman. A moment of silence was declared in his honor.
Patrick Heaney stated William Masterson and himself
looked at the dock at Bay Avenue, East Quogue. Mr.
Masterson has agreed to fi 11 and smooth grade the dock
surface until labor day.
A group of North Haven resldents were present to
discuss their concern with a fish pound. The following
letter was read:
As residents of North Haven, we are extremely
concerned that a fish pound has been erected directly in
front of a residential area in the waters of Shelter
Island Sound, bordering on North Haven.

-104-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
We certainly respect the right of fisherman to make a
living, and applaud tl}e fact that this industry exists on
the East End. However, we feel that our rights are being
infringed upon as property owners. Our taxes are high,
and yet we fear that our quality of life will be adversely
affected.
We are in an area of heaving boating traffic. The
dangers t? boaters are obvious, we are concerned that an
accident can occur.
Multi tudes of young fish are caught in nets, which
expire, and are already creating unpleasant odors on the
water. Of course, this situation wi 11 worsen considerably
as the weather warms. There is concern as to the usage of
our decks and patios.
The bay is large. Certainly fish pounds can be used
advantageously in areas other than residential ones.
We are familiar with the Rules and Regulations for
Management and Products of the Waters of the Town of
Southampton.
We, therefore question the fact that there is no
permit posted, issued by the Southampton Board of Trustees
as required (Article V, Section 1-G). There is no
operating light at the seaward end as required by Article
V, Section 1-G~

Both of these rules, effective in 1989 and readopted


and enacted in May of 1990, by resolution of the Board of
Trustees seem not to have been complied with.
As taxpayers, and voting residents, we ask that you
·!OS-
(Continues, June 4~ 1990, BOARD OF TRUSTEES)
give our concerns your immediate attention.
Thank you, Howard Codet; Margene Codet; Alice Lind~

Bernard Lind; Janet Farber; Jean Bromley; Regina


Humanitzi; Stephen Humanitzi
Jean Bromley stated that they are waiting for an
accident to happen. There is no light on the fish pound,
which is required, and it makes for unsafe cgnditions.
William Frank replied the Trustees have jurisdiction
between the high water mark and the low water mark, the
rest is under State jurisdiction. We can not make him
remove the fish pound, but can make him remove the anchor
on the beach and the first stake. William Bennett stated
we have gravel rights. We own on the Peconic side to East
Hampton Town line, center line, for taxation purposes
only. Because of the Oyster leases, years ago, the State
took jurisdiction of Peconic Bay, but asked us if we would
regulate boating laws, and shellfishing laws. Alice Lind
asked for the Trustees help with ~his fish pound. If the
pound has to remain, then require it to be 1i t and please
stop him from leaving the dead fish. William Bennett
stated the Trustees require fish pounds in their
jurisdiction to be lit, but it is uncertain what the State
and Army Corp require. Patrick Heaney replied that we
will write to the State and Army Corp to ask them to
enforce their regulations as they may apply. William
Bennett stated we will write to the State and Corp for a
copy of their regulations. William Bennett will ask
Christopher Van Dyke to remove the anchor and first stake,
-106-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
which is in the Trustees' jurisdiction.
Peggy Eckart was present to discuss Geese and Swan
pollution in the Bays. First, she would like to request
the Trustees 1 help in making an ordinance to stop the
feeding of the waterfowl. Second she would like the
Trustees' to endorse her in her . efforts to have the
Federal Government have a separate shooting sea-son after
the regular to eliminate some of the population of these
birds. William Bennett stated the Federal Government will
not allow you to go past February 6th for any shooting
season. He continued to say that North Carolina,
Virginia, and out West have an open season on Swans.
Peggy Eckart stated she had inquired about the open season
on these waterfowl, and found the Federal Government would
use them in soup kitchens. Peggy Eckart said that she had
informed Mr. Warner that the State was planning on
releasing ·some Swans ca.ptured in Westchester County to
Montauk Highway, Hampton Bays. Mr. Warner put a stop to
this event, but the State turned them loose in Westhampton
on Dune Road. Patrick. Heaney stated t~at since the State
has taken .it upon themselves to release the Swans without
Trustees' authorization, we should require thier removal
from Town Waters~ Peggy was told she would have to, go to
the Town Board for to seek an ordinance prohibiting the
feeding of waterfowl.
Nine (9) applications £Dr permits were received.
Six (6) application-s for permit were approved.
Two (2) applic.ations for permit were held.
-107-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
One {1) application for permit was denied.
Eleven (11) Mooring permits were approved.
CORRESPONDENCE:

Town Clerks Office, Trustees, re: Chapter 20

Beaches and Waterways was in effect May 10, 1990, also


known as Local Law 11.
Water Lane, Trustees, re: Thanks for opening of
churning areas this winter and for two clam transplants
and one oyster transplant.
Eva Toth, Trustees, re: Stephen & Michelle Goldman
application for permit. John Wourgola will reply.
John Anderson, Trustees, re: 785 vehicle, when traded
in Pape Chevrolet found the windshield cracked. Pape wi 11
pay half if Trustees pay the other half. A motion was
made by William Frank, seconded by William Bennett, and
duly carried to pay $18S:oo from the Trustees Special
Account to Pape Chevrolet for the cracked windowshield to
be replaced~

Long Island Shore & Beach Preservation Association to


Barbara Kelly, cc: Trustees, re: motor boat deterrent in
Southampton Town waterways. They would like signs to be
posted "Low Noise Area - Use Thru-water Exhaust". John
Wourgola will reply.
A motion was made by William Bennett, Seconded by
William Frank and duly carried to purchase a second
computer for the Trustees' Office out of the Trustees

Special Account. Computer estimate under $2,000.00


A motion was made by Patrick Heaney, Seconded by Paul
-108-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
Parash, and duly carried to pay for the following bills
out of Trustees' Special Account:
1. Carol 0 1 Gar a office wotkP.r $234. 00
2, Long Island Oyster Farms Seed Clams $2,500.00
3. Michael Mampreyan Oyster TranSplant $1,100.00
4. Robert Bourguignon Clam Transplant $680.00
5. Wayne Grothe Clam Transplant $800,00
6. Roger Kozofsy Clam Transplant $120.00
7. Walter Lane Clam Transplant $640.00
8. George Lowe Clam Transplant $300.00
9. Ed Luerssen Clam Transplant $80.00
10. Michael ·Mampreyan Clam Transplant $720.00
11. Conrad Martin Clam Transplant $720.00
12. Howard Pickerell, Jr. Clam Tr~nsplant $800.00
13. Dean Ramger Clam Ttansplant $360.00
14. Sam Rispoli Clam Transplant $630,00
15. Eugene Vonatzski Clam Transplant $600.00
16. James Williams Clam Transplant $570,00
17. Edward White Clam Transplant $700.00
John Wourgola stated he had reviewed the Shinnecock
Inlet Dredging Easement, The work wi 11 commence out of
the Summer season, therefore he suggested a resolution be
made for the president to sign the Easement. A motion was
made by William Frank, Seconded by Patrick Heaney, and
duly carried to authorize thP. President of the Board ·to
sign the easement B"greement between the County and the
Board of Trustees for temporary easement of Trustees Road
for th~ dr~dging project.
-109-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
William Frank stated that it has been requested that
the application for permit for Matthew Riddick (CC II 207)
be held. The application was not presented to the Board.
The Freshwater Fisherman will stock the fresh water pond
with Brown Trout worth $1,000. This wi 11 be the third
seeding of Trout this year.
The meeting on motion was adjourned.
Respectfully submitted,

W11i1am Bennett, Secretary


PERMITS ISSUED
PERMIT NO~ 5742: is issued to En-Consultants, Inc., agent
for STEVEN STARK, Fisk Avenue, Westhampton Beach, to
construct a fixed elevated "1 11 shaped pier - 4' x SO' , 4 1
x 30'. Replace 183 linear feet of existing bulkhead
within 18 11 ~ Approximately 10 c~y~ will be trucked in for
backfill. The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall~
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted~
PERMIT NO; 5743: is issued to Mockridge Marine
Construction, agent for BERNARD FABRIZIO, 612 Dune Road,
Westhampton, to construct a 4 1 x 130 1 walkway ( 4' a,bove
grade), 4' x 8 1 ramp, 6' x 20 1 float, with 2 tie off
poles~ Project is located on owner's property off
Moriches Bay, as per application and survey submitted.
PERMIT No; 5744: is issued to Mockridge Marine
Construction, agent for JOAN POSTEL, Remsen Lane,
Remsenburg, to construct a 4 1 x 50 1 fixed dock, with 2 tie
off poles: Project is located on owner's property off
Moriches Bay, as per application and survey submitted.
PERMIT NO; 5ns: is issued to KATHY QUARANTA & STEPHEN
AIELLO, 40 Little Neck Road, Southampton, to reface
existing 171' bulkhead (within 18"); The following
special conditions apply:
1~ Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall:
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
-no-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
grading has begun, only clean sand or gravel wi 11 be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Old Fort Pond,
as per application and survey submitted.
PERMIT No; 5746: is issued to JOHN E. SATTLER, Clairedale
Drive, Hampton Bays, to approve pre-existing dock with
float 4' x ZO'. Project is located on owner's property
off Red Creek Pond, as per application and survey
submitted.
PERMIT NO~ 5747: is issued to En-Consultants, Inc., agents
for STANLEY COHEN, Rose Hill Road, Water Mi 11, to
Substitute a 4 1 x 14 1 angled ramp for stairway which was
approved With Permit No~ 5650. Project is located on
owner 1 s property off Hayground Cove, as per apVlication
and survey submitted.
APPLICATION FOR PERMIT HELD:
An application for permit for Mockridg~ General
Contracting, Inc~, agent for Jeff &: Linda Druek, 4 Sunset
Avenue, East Quogue~ to construct a 4 x 165 catwalk (4'
1 1

above grade), 4' x 12 1 fixed dock~ 4' x 8 1 ramp. and a S'


x 20 1 floating do'Ck was held~ Agent and/or owner must get
adjacent owners approval of location of dock (does nOt
meet set back· requirements), and list of all persons
having the R~o~w:
An application for permit for En-Consultants, Inc.,
agent_ for Terence Lyons·,. Noyac .Road, Noyac to construct a
4' x 100' walkway (4' ·above grade), 3' x 16 1 ramp, and (2)
6' x 16' floats was held~ Ms~ Kovacek; the owner of the
property will resubmit application.
APPLICATION FOR PERMIT DENIEP:
An application for Bn .. consultants, Inc. agent for
Steven Stark, Fisk Avenue, Westhampton Beach, to Dredge an
area 36' square off of the boatslip was denied. The B.oard
of Trustee~ will not allow dredging of this area.
MOOR!NG·PBRMITS APPROVED:
PBR.MIT NO~ 90·123 is issued to Peter V~ DeCrescenzo, 18
Dune Lane, Westhampton Beach, to place a 150 lb~ mushroom
and anchor mooring and buoy for a 22 1 Grady White (Reg.
No. NY3692UB), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir~
PERMIT NO: 90-124 is issued to Kenneth P. Ducey, 61 Sunset
Avenue, East Quogue, .to place a 75 lb. mushroom and anchor
mooring and buoy for a 15' Boston Whaler (Reg. No.
NY0244JY), in Shinnecock Bay, under the direction of Bay
-111-
(Continues, June 4, 1990, BOARD OF TRUSTEES)
Constable Stuart Rose.
PERMIT NO: 90-125 is issued to Carl Hansen, Dune Road,
Remsenburg, to plac~ a 100 lb. mushroom and anchor mooring
and buoy for a 17 1 Boston Whaler (Reg. No. NYOZ48JY), in
Moriches Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO: 90-126 is issued to John M. Kirrane, 32
Wildwood Road, Sag Harbor, to place a ISO lb. (min.)
mushroom and anchor mooring and buoy for a 23' Formula
(Reg. No. NY4858DG), in Noyac Creek, under the direction
of Bay Constable Chris Kohnken.
PERMIT NO~ 90-127 is issued to Peter Lazar, Aberdeen Lane,
Sag Harbor, to place a 150 lb. (min.) mushroom and anchor
mooring and buoy for a 25' Cobalt (Reg. No. NYSSlOSX), in
Turtle Cove, under the direction of Bay Constable Chris
Kohnken.

PERMIT NO~ 90-128 is issued to John B. Mampreyan, P.O. Box


1145, East Quogue, to place wooden stakes for eel carts,
in Weesuck Creek, under the direction of Bay Constable
Stuart Rose.
PERMIT NO: 90-129 is issued to Stuart Romanoff, 46 Peacock
Path, Quogue, to place a 100 lb. (min~) ·mushroom and·
anchor mooring and buoy for a Baja (Reg. No~ NY8298JZ), in
Moriches Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO~ 90-130 is issued to Laurance A. Young, 361 June
Avenue, Flanders, to place a 75 lb. mushroom and anchor
mooring and buoy for a 1970 glass plas (Reg. No.
NY254618), in Red Creek Pond, under the direction of Bay
Constable Ken Malone.
PERMIT NO~ 90-lll is i.ssued to Christine T~ Zaloga, Moses
Lane, Southampton, to place a 100 lb: mushroom and anchor
mooring and buoy for a 22 1 0'day (Reg~ No~ NY5097GJ), in
Cold Spring Pond, under the direction of Bay Constable
Dale Petruska~
PERMIT NO; 90·132 is issued to Edmund P. Zaloga, South Oak
Drive, Hampton Bays, to place a 100 lb. mushroom and
anchor mooring and buoy for a 20' O'day (Reg. No.
NY5097GJ), in Cold Spring Pond, under the direction of Bay
Constable Dale Petruska~
PERMIT No; 90·133 is issued to Charles Zwerin, 70 Middle
Pond Road, Southampton, to place a 75 lb. mushroom and
anchor mooring and buoy for a 17' Aerocraft (Reg. No.
NY9776PP), in Middle Pond, under the direction of Bay
Constable Dale Petruska.
-112-
JUNE 5, 1990

A SPECIAL WORK SESSION OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON TUESDAY, JUNE, 1990, AT 5

P.M.

PRESENT WERE: President, Edward J. Warner, Trustees


William H. Bennett, Paul W. Parash, William T. Frank, and
Patrick A., Heaney.
A motion was made by William Bennett, seconded by
William Frank and duly carried that the Board of Trustees
hire a certified public accountant to provi_de an interim
reconciliation of various trustee accounts and records,
and make recommendations for any changes that may be
needed in office procedure:
A motion was made by William Bennett, seconded by
William Frank and duly carried that the two clerks in the
Trustees' Office be bonded.
The meeting on motion was adjourned.

Respectfully submitted,

·113-
JUNE 18, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, JUNE 18, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A~ Heaney.
Edward J. Warner stated regarding the minutes of the
meeting of June 4, 1990, do I have a motion: Patrick
Heaney replied point of information, Mr. Chairman. It has
come to our attention that, at the last meeting,
concerning a discussion with residents of North Haven and
the operation of a fish pound in a residential area in the
waters of Shelter Island Sound, bordering on North Haven,
certain assumptions that the Trustees had jurisdiction in
this area were made. Upon those assumptions, we
represented to take certain actions, but, in the absence
of jurisdiction, we cannot take those actions.
AccoJ;"dingly, I move that the minutes of the meeting of
June 4, 1990 be accepted as read, subject to the matter
being re .. open for a special meeting to be called
immediately following approval of the June 4th minutes,
whereupon the issue of jurisdiction can ·be further
dl scussed and the appropriate action to take, if any, by
the Trustees. Edward Warner asked any discussion? I£

not, do you wish to so move? Patrick Heaney replied yes,


(Continued, June 18, 1990, BOARD OF TRUSTEES)
so moved. Edward Warner asked is there a second? William
Bennett replied second. Edward Warner asked all in
favor? SO carried. The minutes o£ June 4, 1990, were
read, amended, and approved S.s amended. The minutes of
June 5, 1990, were read, and approved as read.
Edward Warner called a special meeting to discuss the
issue of Trustee jurisdiction concerning the operation of
a fish pound previously before this Board on June 4,
1990. Any one wishes to speak? William Frank stated Mr.
Chairman, during our discussions on June 4, 1990, it was

stated that the Trustees have jurisdiction between the


high water and low water marks and this jurisdiction would
enable the Trustees to compel the operators of the fish
pound to remove an anchor on the beach and the first
stake. It ha-s now come to our atten·tion that the Trustees
do not have jurisdiction except for £i¥e hundred feet
offshore and in regarding to shellfishing only. Further,
operators o£ fish traps are required to obtain State
permits to place fish nets in the waters and State permits
have been issued~ William Bennett stated Mr. Chairman, in
the absence of Trustees jurisdiction, I move that the'
Board rescind its prior decision to require the operator
to light the fish.pound and to remove the anchor and first
stake, Paul Parash seconded, and so carried. Edward
Warner directed that the secretary send a letter to Jean
Bromley to advise her of the development~

At 2 p.m. Bids were opened for one (1) - 1990 four


Wheel Drive 3/4 Ton Heavy Duty Pick .. up with trade-in, Bids

-115'-
(Continued, June 18, 1990, BOARD OF TRUSTEES)
received were as follows:

Robert Despres Cassel Truck Sales


550 N. Ocean Avenue
Patchogue, New York 11772
(516) 758-5800

$16,91Z.OO

A. Ben Hull Hull Chevrolet


25 Hi 11 Street
Southampton, New York 11968
(516) Z83-0ZlZ
No Bid.

William Yawney Yawney Motors


16 Hill Street
Southampton, New York 11968
(516)Z83-0790

$14,061.00

A motion was made by Williall Frank, Seconded by Paul


Parash, and duly carried to accept the bid of Yawney
Motors, Inc. as the low bidder meeting specifications.
Peter Corwith, a Water Mill resident, was present to
state that ever since the Highway Department dug a
drainage ditch from Old Mill Road to Lake Nowedonah years
ago, road runoff has been polluting the lake. To reduce
some of the stormwater runoff he suggested the

-11 n-
(Continued, June 18, 1990, BOARD OF TRUSTEES)
installation of three simple french drains. Approximate
cost $300.00. Mr. Corwith also submitted some pictures and
a map wherein he marked the best locations for said
drains. William Bennett stated that the HighwaY Department
handles road runoff, the Trustees do not. Mr. Corwith
wi 11 address the issue with the Highway Department. A
motion was made by William Frank~ seconded by William
Bennett, and duly carried to send a letter to the
Superintendent of Highways supporting Mr. Corwith 1 s
recommendation for the drains since the pollutants from
stormwater runoff affect our lake bottoms.
Eighteen (18) Applications for permit were received.
Sixteen (16) Applications for permit were approved.
Two (2) Applications for permit were held.
Nineteen (19) Mooring permits were approved.
CORRESPONDENCE:
Mrs~ Sidney Warner, Trustees, re: Thank you from the
family of Sidney Warner for the lovely flowers and
prayers. A personal thank you was given to the Trustees,
Bay Constables and staff from his brother, Edward J.
Warner, for their cards, prayers and flowers during this
time of grea·t loss~

The New York State Program for Conservation &


Preservation of Library Research Material, Trustees, re:
Awards.
Charles Guthrie (NYSDEC), Trustees, re: Catch of
Wildwood Lake electrofishing survey.
..... :........ ~

(Continued, June 18, 1990, BOARD OF TRUSTEES)


NYSDEC, Trustees, re: Review of Coliform Data
Shinnecock Bay (East), Shellfish land number 10, Town of
Southampton, 1987·1990. A copy will be given to each
Trustee.
Cornell Cooperative Extension, Trustees, re: Remote
Setting of Shellfish Larvae Workshop.
Tom Samuels (James H. Rambo), Trustees, re: East
Hampton Beach Preservation Society, Inc.
Kenneth H. Thommen (Town Clerk), William Masterson,
cc: Trustees, re: Stormwater runoff resolution passed
Town Board June 12, 1990.
Bruce Anderson, Trustees, re: NYSDEC Letters of
Coastal consistency for Pine Neck Landing Association and
Speonk Point Canals Dredging.
Bruce Anderson, Trustees, re: results of fisheries
survey conducted on Wildwood Lake:
Bruce Anderson~ Trustees, re: Surface Water Testing
of Wildwood Lake,
William A. Frankenbach, Trustees, re: Fourth of July
Parade. A letter will be sent stating no Trustees will
participate in the parade.
Morton L. Janklow, Gloria Rabinowitz, cc: Trustees,
re: Mecox Bay - water too low~ A letter will be sent
stating Mecox is closed due to nature.
Richard Tufariello, Trustees, re: dispute in local
night club. A letter will be sent stating no Trustee
jurisdiction.
(Continued, June 18, 1990, BOARD OF TRUSTEES)
A motion was made by Paul PaP-ftsh, seconded by Patrick
Heaney, and duly carried to pass with a 3-0-2 vote
(William Bennett and William Frank abstained) the
~· .
following resolution:
RESOLVED: that the Board of Trustees of the
Freeholders and Commonalty of the Town of Southampton, New
York, hereby adopt the recommendations of the Zoning Board
of Appeals in connection with the improvements of Old Sag
Harbor Road for property of E. K. Vanderheyden.
A letter will be sent to the Planning Board stating
that the Trustees agree with the recommendations of-· the
Road Review Committee.
A motion was made by William Frank, seconded by Edward
Warner, and. duly carried to pass the following resolution:
WHEREAS, by resolution dated April 28, 1990, Carol
O'Gara was hired by the Town Trustees at an hourly rate of
$9.00 payable from the Trustees' Special Account,
NOW, THEREFORE, BE IT RESOLVED, that the "hOurly rate
is hereby increased to $13.00 effective June 4, 1990.
A motion was made by Paul Parash, seconded· by William
Frank, and duly carried to pay for the following out of
Trustees Special Account:
1. Carol O'Gara Office Help $845.00
z. Henry J. Me Cavanagh Eastport Dock $750.00
3. En-Consultants, Inc. Fish Cove Appl. $410.00
4. Pape Chevrolet, Inc. Windshield repair $92.50
5. John Bergenti Clam Transplant $640.00
6. Wesley Dailey Clam Transplant $680.00

-119-
(Continued, June 18, 1990, BOARD OF TRUSTEES)

7. James Paulson Clam Transplant $400.00


8. John Windels Clam Transplant $260.00
9. Greg Jayne Clam Transplant$1,160.00
10. Walter Lane Clam Transplant $280,00
11. Fred Lorenz Clam Transplant $160.00
12. Michael Mampreyan Clam Transplant $640.00
13. Conra4 Martin Clam Transplant $710.00
14. Eugene Vonatzski Clam Transplant $760.00
Patrick Heaney stated that William Masterson
reconsidered his position and did send a crew to the Bay
Avenue dock in East Quogue to do temporary resurfacing of
the facilities. Repairs will hold up till Labor Day.
Patrick Heaney with Bay Constable Ken Malone
investigated complaints of illegal discharge of
chlorinated water into the Quogue Canal from some houses
located on Dune Road. It was discussed that a summons
should be served to both the property owner and the pool
service, as agent~

Patrick Heaney with Bay Constable Malone investigated


a complaint regarding illegal catwalk in Wildwood Lake.
The community informally known as Russian Colony (cc
1242), as owner has not applied for appropriate permits.
William Bennett stated that he found a swimming pool
in Westhampton Beach discharging chlorinated water. He
gave information to Bay Constable Ted Sadleir:

\a.o
(Continued, June 18, 1990, BOARD OF TRUSTEES)
A motion was made by William Frank, seconded by
William Bennett and duly carried to purchase new lenses
for three Bay Constable truck light bars at an approximate
cost of $80.00 each.
William Frank stated that the new order of 6 11 ~8 11 brown
trout should be put in deeper ponds with readings not over
65 degrees.
William Frank spoke to Richard Blowes regarding the
installation of New York State Department of Motor
Vehicles capabilities for the Town Hall computer system.
The Bay Constables would find access to this information
extremely helpful.
William Frank stated that the Mill Creek dock at Noyac
was fixed by the Marine Maintenance M~n and new signs were
put up.
Paul Par ash attended a meeting with the Nature
Conservancy at the Mayor's Office in the Village of
Southampton regarding the nesting of the endangered piping
plover and least terns on Trustee Road F. This is the
heaviest colony of terns on Long Island and the Nature
Conservancy recommended that Road F be closed to vehicle
and pedestrian traffic. Access to the beach can be gained
through Trustee Road G. A letter will be sent to the
Village granting permission to fence off Road F until
August 15th.
During the last clam transplant initiating from the
Phillips Point ramp in Flanders, Paul Parash noticed a
highway department sweeper dumping street sweepings in thR

-!Zl-
(Continued, June 18, 1990, BOARD OF TRUSTEES)
parking area near the ramp. A -l:etter will be sent to
William Masterson stating that the Trustees object to this
procedure due to pollutants from the sweepings being
carried back into Reeves Bay when it rains.
Edward Warner read the Bay Constable report. A ·new
disc grinder is needed due to old grinder being 15 years
old and unrepairable. A motion was made by William Frank,
seconded by Patrick Heaney, and duly carried to purchase a
new disc grinder at an approximate cost of $150, to be
paid from Trustees' Special Account. M/9 (boat received
from Police Dept.) is now in the water at Aldrich ~Boat

Yard in East Quogue. Dockage charge for season is $750.


A summons was issued for working without a permit
(bulkhead) at the Adpoph Guidi property, Little Neck Road,
Southampton. The matter was settled in court for $50.
The DEC has fined Mr. Guldi $1,000 for work being done
without a NYS permit. The owner of property on Rosewood
Lane, Water Mill has built a dock on Hayground Cove

without a permit. Work was done on watlands, which will


be handled by the DEC. A summons wi 11 be issued to Mr.
Bassin. A total of 261 1/4 bushels of clams was
transplanted from Peconic River, Flanders to Mill Creek,
Noyac on June 11 & 12, Chief Overton advised that on the
evening of June 30 a fireworks display will take place on
the Riverhead side of Peconic River. He would like a boat
to assist traffic on Southampton side. Bay Constable
Kenneth Malone will contact Riverhead Bay Constables to
work things out,

-122-
(Continued, June 18, 1990,· BOARD OF TRUSTEES}

The meeting on mOtion was adjourned.


Respectfully submitted,

~~~~
PERMITS ISSUED:
PERMIT NO; 5747: is issued to J.M.O. Consulting, agent for
JAMES FoLKS, F1ddler Crab Trail, Westhampton, to tonstruct
a 4' x 100' timber catwalk (4' above grade}, 4' x 15'
ramp, and 6' x 20 1 float. Project is· located on owner's
property off Beaverdam Creek, as per application and
survey submitted.
PERMIT NO. 5748: is issued to J~M.O. Consulting·, agent for
JAMEs HABER, 14 Pine TreP. Lane, Westhampton, to modify
Permit No. 5697 to allow for the construction of a 4' x
20' (4' above grade) catwalk rather than the approved 4' x
10'. The 10' extension was required by the DEC. Project
is located on owner's property off Brushy Neck Creek, as
per applicB.tion and survey submitted.
PERMIT NO~ 5749: is issued to J.M.O. Consulting, agent for
ROBERT SHAPIRO, 530A Dune Road, Westhampton Beach, to
modify Permit No, 5414 to allow for the construction of a
4' x 250' (4' above grade) catwalk 15' to the east as
required by Charles T. Hamilton, N.Y.S.D.E.C. Project is
located on owner 1 s property off Moriches Bay, as per
application and survey submitted.
PERMIT NO. 5750: is issued to J.M.O. Consulting, agent for
nAN IEL K. WEISKOPF, 66 Exchange Place, Westhampton Beach,
tO construct a 10 11 x 20 1 piles for the purpose of a
hydraulic boat davit. Project is located on owner's
property off Quantuck Bay, as per application and survey
submitted.
PERMIT NO. 5751: is issued to Mockridge General
Contracting, Inc., agent for DOUGLAS R. GRAHAM, 43 Tuthill
Lane, Remsenburg, for reconstruction of 165 1.£. of timber
bulkhead within 18". The following special conditions
apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to· prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of

-12 3-
(Continued, June 18, 1990, BOARD OF TRUSTEES)
four inches below the finished~eight of the wall.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5752: is issued to J.M.O. Consulting, agent for
DON CIAMPA, Waters Edge Drive, Quogue, for modification of
Permit No. 5723, to allow for the construction of a 4' x
10' (4' above grade) catwalk leading from ·an existing
bulkhead to a 4' x 12' ramp and a 6' x 20' floating dock.
Project is located on owner's property off Quantock Bay,
as per application and survey submitted,
PERMIT NO~ 5753: is issued to En .. Consultants, Inc., agent
for FLOCEE BAY ESTATES, 3 Washington Drive, Hampton Bays,
to maintenance dredge inlet to lagoon, 100 c.y., sand will
be trucked to off~site location. Project is located on
owner's property off Tiana Bay, as per application and
survey submitted.
PERMIT NO. 5754: is issued to En-Consultants, Inc., agent
for JOHANNES DEMETZ, Aqua Drive., Southampton, to const·ruct
a 3' x 8 1 walkway from bulkhead to the beach. If any of
the walkway should exist on Trustees' riaht of way known
as Sh1nnecock Beach Road, and 1n the future, the publ1c
demands restoration of tEUs road, tlie walkway w1li have to
be removed. ProJect 1s located on owner's property off
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5755: is issued to En-Consultants, Inc., agent
for MOLNAR 1 S LANDING, 31 Alanson LanP.:, Hampton Bays, to
remove and replace (in same location and configuration)
100 1.£. of existing timer bulkhead. Dredge a maximum of
10 c.y. from in front of bulkhead. The following special
conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedtmentation
through the wall.
2, To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off The Guzzel
(Foster Creek), off Shinnecock Bay, as per application and
survey submitted.
PERMIT NO. 5756: is issued to Edward Broidy, agent for
BROCARD DEVELOPMENT, 450 Montauk Highway, Hampton Bays, to
repair 120 1.£. of bulkhead. Project is located on
owner 1 s property off Shinnecock Canal, Shinm~cock Bay, as
per application and survey submitted.
PERMIT NO, 5757: is issued to WILLIAM & ANTOINETTE
IMPERIAL, 92 Little Neck Road, Southampton, to resheath 23
l.f. of bulkhead. The following special Conditions apply:
1. Filter cloth backing is to be installed on· the .
inside of the new bulkhP.ading to prevent sedimentation

-124-
(Continued, June 18, 1990, BOARD OF TRUSTEES)
through the wall.
Z. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off Old Fort Pond,
as per application and survey submitted.
PERMIT NO~ 5758: is issued to En-Consultants, Inc., agent
for SOUIHAMPION BATHING CORPORATION, Beach Lane,
Southampton, .to remove .B.nd replace 187 1.£. of 6 11 diameter
pipe and 10 well points which serve as salt water intake
for pool. NOTE: when trenches are dug they must be
filled same day (NOT PERMITTED TO STAY OPEN OVERNIGHT).
ProJect 1s located on owner's property off Atlantic Ocean,
as per application and survey submitted·.
PERMIT NO. 5759: is issued to En-Consultants, Inc., agent
for ARTHUR BUsfELLO, Bayview & Cliff Drive, Sag Harbor, to
install 2 timber pilings for tie-of£. Project is located
on owner's property off Sag Harbor Cove, as per
application and survey submitted.
PERMIT NO. 5760: is .issued to Harbor Marine CoJ)struction,
Inc., agertt for PETER D'ANGELO, Sam's Creek Road,
Bridgehampton, to construct a 5 1 X 60' catwalk (4' above
grade), 3' x 12' ramp, and a 8' .x 10' floating dock.
Floating do·ck must be removed in winter months. Project
is located on owner 1 s property of£ Sam's Creek, as per
application and survey submitted.
PERMIT NO~ 5761: is issued to MARY PAPPAS, n/s Noyac ·Road,
Sag Harbor, to construct a 3' x 12' ramp leading to
approved catwalk, add 6' to existing ramp leading to 6' x
12' floating dock. Floating dock must be removed in
winter months. Project is located on owner's property off
Ligonee Brook, as par application and survey subm.i tted.
PERMIT NO. 5762: is issued to En-Consultants, Inc., agent
for ·ED & JANICE GERMANO, .93 Dune Road, Quogue, to dredge
300 c.y. in Boat Basin (to 5 1 below M.L.W.). Project is
located on owner's property off Quogue Canal, as per
application and survey submitted.
APPLICATIONS FOR PERMITS HELD:

An application for Adolph c . . Guldi, 88 Little Neck


Road, Southampton, to reface 152' of existing bulkhead is
held for application to clear N. Y.S.D.E.C. violations.
An application from Bourke 1 Flanagan, and Asato, agent
for Anna & Michael Moers, Lake Drive, Southampton, to
construct a 12 1 x 10' floating dock with 14 1 x 3' floating
dock connecting to stationary dock was held until
application removed the deteriorated dock undfHneath the
new construction.
(ContinuP.d, June 18, 1990, BOARD OF TRUSTEES)
MOORING PERMITS -fSSUED:
PERMIT NO. 90-134 is issued to Peter F. Couloumbi s, Maple
Lane, Noyac, to place a 2 wooden stakes for a 17 1
Sportcraft (Reg. No. NY4855DN), in Noyac Creek.
PERMIT NO: 90-135 is issued to Albert N. DiMarzio,
Duckwood Court, Hampton Bays, to place a 100 lb. mushroom
and anchor mooring and buoy for a 25 1 Venture Sailboat
(Reg. No. FL56ZOCG), in Red Creek Pond.
PERMIT NO: 90-136 is issued to Alain Dupuis, 16 Fanning
Drive, Westhampton Beach, to place a 100 lb. mushroom and
anchor mooring and buoy for a 14 1 Zuma Sailboat, in
Moniebogue Bay.
PERMIT NO: 90-137 is issued to -Alain Dupuis, 16 Fanning
Drive, Westhampton Beach, to place a 75 lb. mushroom and
anchor mooring and buoy for a 18 1 Baja (Reg. No.
NY2250JU), in Moniebogue Bay.
PERMIT NO~ 90-138 is issued to David &Carlie Feldman, Big
Fresh Pond Road, Southampton, to place a 150 lb. mushroom
and anchor mooring and buoy for a 23 1 0 1 Day Sailboat (Reg.
No. CT7801AL), in North Sea Harbor.
PERMIT NO~ 90-139 is issued to Edward Flax, 260 Towd Point
Road, Southampton, to place a 75 lb. mushroom and anchor
mooring and buoy for a 19-' (Reg. No. NY4417JA), in North
Sea Harbor.

PERMIT NO: 90-140 is issued to William F. Hale, 27 5 Pine


Neck Avenue, Noyac, Sag Harbor, to place a 100 lb.
mushroom and anchor mooring and buoy for a 19' Sailboat
(Reg. No. NY3910EN) "Typhoon", in Mill Creek.

PERMIT NO: 90-141 is issued to Terrence Magee, Edgemere


Drive, Roses Grove, Southampton, to place a 50 lb.
mushroom and anchor mooring and buoy for a 16' Sailboat
(Reg. No. NY8184BN), in Wooley Pond.
PERMIT NO. 90-142 is issued to Richard L. McChesney, 55
Lamb Avenue, Quogue, to ~lace a 100 lb. mushroom and
anchor mooring and buoy for a 19'6" 0/B (Reg. No.
NY2013PM), in Tiana Bay.
PERMIT NO. 90-143 is issued to James & Barbara McEntee,
1030 Meadow Lane, !)outhampton, to place a 75 lb, mushroom
and anchor mooring and buoy for a 11 1 Boston Whaler (Reg.
No. NY8709JT), in front of owner's house, Shinnecock Bay,
PERMIT NO~ 90-145 is issued to John E. Polek, 3 Juniper
Lane, Southampton, to place a 200 lb. mushroom and anchor
mooring and buoy for a 27' Catalina Sailboat ''Orris'' (Doc.
No. 598595NETS), in Red Creek.

-12 6-
(Continued, June 18, 1990, BOARD OF TRUSTEES)

PERMIT NO. 90-146 is issued to James c. Shields, 148 Red


Creek Road, Hampton Bays, to place a 75 lb. mushroom and
anchor mooring and buoy for a O'Day Widgeon Sailboat, in
Red Creek.
PBRIIIT No; 90·147 Is issued to Richard A. Wickey, 499 Pine
Neck Avenue, Noyac::, to place a 75 lb. mushroom and anchor
mooring and buoy for a 16' o/b Sport Craft (Reg. No.
NY6271PD), In Mill Creek.
PERMIT NO~ 90-148 is issued to Jacqueline Zaneski, 37 Cove
Road North,. Southampton, to place a 100 -tb: mushroom and
anchor mooring and buoy for a 20' Crestliner (Reg. No.
NY0234BL), In North Sea Harbor.
PERMIT No; T90-5DS is issued to John F. Ryan, ·7 Donald
Road, Suffern,
to place a 100 lb. mushroom and anchor
mooring and buoy for a 19 1 O'Day Sailboat (Reg. No.
NY8406DF), in Birch Creek.
PERMIT No: T90 .. 506 is issued to Robert P. Meyer, Shore
Road, North Sea, to place a 100 lb. mushroom and. anchor
mooring and buoy for a 19' Sea Ray (Reg. No. NYB6815S), at
the end of Shore Road, in North Sea.
PERMIT No; 87-35 is issued to Ann Fegan, 264 T0 wd Point
Road, Southampton, to place a 125 lb~ mushroom and anchor
mooring and bu·oy for a 18 1 Buccaneer Sailboat (Reg. NO~
NYS359PP), in North Sea Harbor.
PERMIT No: 90 .. 95 is issued to Noyac Marina, Inc., Pin~
Neck Avenue, Sag Harbor, ·to add to current permit, one ( 1)
100 1bs, one (1) 150 lbs, one (1) ZOO 1bs, and one (1) 250
lbs mushrooms and anchor moorings and buoys for commercial
use, in Mill Creek~ Noyac~
PERMIT 110: 90-96 is issued to Pec-onic Marina, Inc., Noyac
Road, Southampton, to add to current. permit, Three (3) 100
lbs mushrooms and anchor moorings and buoys for commercial
use, in Wooley Pond,~

-I.Z.7-
JULY Z, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, JULY Z, 1990, AT 1

P.M.

PRESENT WERE: President, Edward J. Warner, Trustees


William H. Bennett, Paul W. Parash, William T. Frank, and
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of June 18, 1990,
were read, amended, and approved as amended.
Edward Warner stated that parking on the Trustees•
Roads will be for residents only~ In order for a resident
to park on these roads, they must have a valid Trustees
Road Parking Permit or a Resident Parks and Recreation
Beach Parking Permit. A letter will be sent to Allyn
Jackson with copies to Sr. Bay Constable John Anderson and
the Police Department.
At 2:00 P.M; Edward Warner opened the meeting for
public discussion to bear all persons either for or
against the acceptance of a Deed of Dedication, offered by
Pondside at Westhampton to said Trustees, for Speonk Pond,
labeled as such on the proposed Subdivision Map of
Pondside at Westhampton. Doris King, whose property
adjuts the thirty foot right of way to the pond, was
present to get assurance that the Trustees did not plan to
pave the right of way and, thereby, facilitate dumping

-1 z4-
(Continued, July Z, 1990, BOARD OF TRUSTEES)
into the pond. William Bennett stated that, with DEC
approval, the Trustees would only cut a six foot path
which, at this time, they do not plan to pave. The path
would be used for public access to the pond and be limited
to pedestria-n use only. Those residents wishing to boat
in Speonk Pond would have to park and launch from Montauk
Highway. William Bennett also stated that the 4.64 acre
pond would be left in its natural state. A motion was
made by Edward Warner, seconded by Paul Par ash and duly
carried to close the Deed of Dedication.
Five (5) applications for permits were received.
Five (5) applications for permit were approved,
Twenty (ZO) Mooring permits were approved.
One (1) Pot Permit was approved~

CORRESPONDENCE:
Attorney David Gilmartin, Trustees, re·: Bei 1 v.
Trustees. Letter advising Trustees that their decision in
the Bell case has been upheld by the Supreme Court.
Department of the Army, Trustees, re: questioning the
need to dredge material from North Sea Harbor eight feet
below MLW. A letter was sent stating reasQn is for
navigational purposes.
Councilwoman Patricia Neumann, Craig Furrer, cc:
Trustees, re: insurance claim on trustee boat. $967.75 to
be credited to Trustees' Marine Account.
Bruce Anderson, Charles Guthrie (DEC), cc: Trustees,
re: Wildwood Lake chlorophyl analysis.
Long Island Shore & Beach Preservation Association,
-125-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
Supervisor Stavropoulos, cc: Trustees, re: motor boat
noise deterrence in Southampton Town waterways. John
Wourgola will reply.
Steven Schimmel (US Environmental Protection Agency),
Trustees, re: initiation of a new moni taring and
assessment program.
Kenneth ~· Thommen (Town Clerk), Trustees, re: notice
to all dePartments: resolution regarding misuse of Town • s
telephone system to contact pornographic telephone lines.
The Nature Conservancy, Trustees, re: notice of annual
membership meeting.
Group for the South Fork, Trustees, re: 1989 Annual
Report.
The Parrish Art Museum~ Trustees, re: complimentary
booklet - A Celebration of American Ideals: Paintings from
the Brooklyn Museum.
Okeanos Ocean Research Foundation, Trustees, re:
invitation to fundraising event. No Trustees will attend.
Supervisor Stavropoulos, Trustees, re: notice to all
departments: Savings o£ the Week,
Marine Science Research Center, Trustees_, re:
Newsletter.
Dune Road Association of Westhampton Beach, Trustees,
re: notice of annual meeting.
Suffolk County Commercial Fisheries Task Force,
Trustees, re: meeting July 26th. William Frank will
attend.

-126-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
William A. Frankenbach, Trustees, re: Fourth of July
Parade. Trustees have decided to participate in parade.
Road Review Committee, Trustees, re: excerpt from
their June Sth minutes regarding drainage problems along
Noyack Path.
Alan DeCarlo, Supervisor Stavropoulos, cc: Trustees,
re: letter expressing concern about unrestricted use of
jet ski bqats in Town waters. John Wourgola will reply.
Frank Stanton, Trustees, re: Mecox Bay water too
low. A letter will be sent stating cut closed June 20th
due to nature.
Robert Keene (Town Historian), Trustees, re: notes
from old Trustee records.
William Masterson, Trustees, re: reply to letter on
street sweepings~

Long Island Shore and Beach Preservation Association,


William Masterson, cc: Trustees, re: dune restoration
project at Triton Lane, Bast Quogue.
A motion was made by William Frank, seconded by

Patrick Heaney, and duly carried to pay for the following


bills out of Trustees' Special Account:
1. Carol 0' Gara office worker $845.00
2. John Bergenti clam transplant $200.00
3. Robert Bourguignon clam transplant $1,000.00
4. Wesley Dailey clam tran~plant $640.00
5. Howard Pickerell,Jt. clam transplant $520.00
6. Sam Rispoli clam transplant $560.00
7. Georg~ Schellinger clam transplant $600.00
-127-
(Continued, July Z, 1990, BOARD OF TRUSTEES)
8. James Williams clam transplant $660.00
9. Edward White clam transplant $440.00
10. Cold Spring Harbor Hatchery trout $1,000.00
William Frank stated the shipment of 349 brown trout
ordered from Cold Spring Harbor Hatchery arrived on June
20th and were placed in Trout Pond, Big Fresh, Little
Fresh, East Pond and Beaverdam Pond.
Paul Parash stated a letter will be sent to the
Village of Southampton commending them for their positive
action towards curtailing stormwater runoff into the east
side of Taylors Creek by placing six catch basins at the
corner of Halsey Neck Lane and Boatmans Lane. Furthermore,
it would be extremely effective, and greatly appreciated,

if they would consider doing the same on Lee Avenue to


reduce the pollution level in Heady Creek~ Heady Creek is
a· very productive shellfish area and the DEC proposes to
make it a seasonal area.
Paul Parash will investigate a complaint from Mrs.
Conley regarding the dangerous condition of the West Neck
dock in Sebonac ~
A motion was made by Paul Parash, seconded by William
Frank, and duly carried to adopt the following resolution:
WHEREAS: The Town of Southampton is the owner of a
parcel of real property located on Big Fresh Pond in the
vicinity of Lake Drive in North Sea, and
WHEREAS: said parcel is one of the two known owned

parcels on Big Fresh and, accordingly, provides the sole


access, 24 hours a day, to Big Fresh for the public, and
-128-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
WHEREAS: The Town Board has expressed its willingness
to turn over management and operation of said property to
the Town Trustees.
NOW, THEREFORE BE IT RESOLVED: that this Board hereby
requests the Town Board to adopt a resolution turning over
management and operation of the aforementioned parcel to
the Town Trustees.
A copy of the resolution will be forwarded to the Town
Board.
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to place the recommendation from
the Road Review Committee regarding the application of
Set suo Ito, Noyack Path, Bridgehampton; T'own of

Southampton, on hold.
A motion was made by Edward Warner, seconded by
William Frank, and duly carried to have the Chairlllan of
the Board sign the application for permit being sent to
the DEC for the reconstruction of bulkheads at two town
facilities - Eastport Bay Avenue Dock and East Quogue Bay
Avenue Dock. NYSDEC application fees will be paid for
from the Trustees 1 Dredging Account.
Edward Warner reported that Callahan 1 S was sold and
the new owner intends to demolish the existing bar and
lunchenet te. They plan to build a new restaurant and
enlarge the marina.
Edward Warner went on the say that the Fourth of July
fireworks scheduled for Saturday were postponed until
Sunday due to inclement weather.
-129-
(Continued, July Z, 1990, BOARD OF TRUSTEES)

Edward Warner read the following Bay Constable


report: The summons issued to Victor Schulman at Wildwood
Lake for the dock has been cleared in the courts and a
$250.00 fine was paid. There are 4 lights out on
navagational aids - Old Fort Pond• West Neck, Wooleys Pond
and Sag Harbor. As soon as the back ordered batteries
arrive, the lights will be put in working order. Three of
the light, poles were hit by boats. The US Coast Guard in
Boston has been notified and a notice to local mariners
was issued regarding the lights being out.
The meeting on motion was adjourned,

PERMITS ISSUED

issued to OLD HARBOR COLONY PROPERTY


INC., Canal Way, Hampton Bays, to
to maintenance dredge shoals from
o£ lagoon. Project is located on owner's
property of£ dug canal, off Smith Creek, as per
application and survey submitted~
PERMIT NO; 5764: Is issued to JOSEPH CORR, 74 Little Neck
Road, Southampton, to renew Permit No, 5465, to reface 65
lf of existing bulkhead, plus a 13 1 return. Project is
located on owner's property of£ Old Fort Pond, as per
application and survey submitted.

=f-.~~-i~~ is issued to Inter~Science Research


' ., agents for BULLHEAD YACHT CLUB, West
Neck , Southampton, to renew Permit No. 5424. Project
is located on owner's property off Bullhead Bay, as per
application and survey submitted.

PERMIT NO; 5766: is issued to LEIGH H. BERGLUND, 75 South


Ma1n Street, Southampton, to construct a 5 1 x 24' floating
dock. Floating docks must be removed in winter months.
-130-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
Located on owner's property off Lake Agawam, as per
application and survey submitted.
PERMIT NO~ 5767: iS issued to En-Consultants, Inc., agent
for OTTILIE KOVACEK, Cove View Terrace, Sag Harbor, to
construct a 4' x 100' (4 1 above grade) walkway, 3' x 16'
ramp, ( 2) 6' X 16' floats constructed in "L" shape_.
Floating docks must be removed in winter months. Located
on owner's property off Sag Harbor Cove, as per
application and survey submitted.
MOORING PERMITS APPROVED:
PERMIT NO~ 90-149 is- issued to Nicholas L. Bologna, 19
Shinnecock Road, Bast Quogue, to place a 150 lbs. mushroom
and anchor mooring and buoy for a 20 1 o/b (Reg. No,
NY4027JT), in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.
PERMIT NO~ 90-150 is issued to Randolph J. Caruana, 57
Montauk Highway, Hampton Bays, to place a 50 lbs. mushroom
and anchor mooring and buoy for a 17 1 o/b (Reg. No.
NY464SBV), in Cold Spring Harbor, under the direction of
Bay Constable Dale Petruska.
PERMIT NO~ 90-151 is issued to Armand DiPalma, 10 Seatuck
Lane, Remsenburg, to place a 100 lbs~ mushroom and anchor
moorin·g and buoy for a Bayliner (Reg. No. NY2403UA), in
Moriches Bay, under the. direction of Bay Constable Ted
Sadleit.
PERMIT NO~ 90-152 is issued to Anthony Fedele, Crescent
Street, Sag Harbor, to place a 75 lbs. mushroom and anchor
mooring and buoy for a 21 1 (Reg. No. FL4024EG), in Paynes
Creek, under the directio~ of Bay Constable Chris Kohnken.
PERMIT No; 90·153 is is5ued to Ashley Green, 471 Rolling
Hills Court, Sag Harbor, to place a 75 lbs~ mushroom and
anchor mooring and buoy for a 16 1 winner {Reg. No.
NY9811BT), in Noyac Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT No; 90-154 is issued to Gary J; Goleskl, 18 Pulaski
Street, Southampton, to place a 150 {min~) lbs. mushroom
and anchor mooring and buoy for a 24 1 sailboat (Reg. No.
NY8580PN), in Noyac Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO~ 90-155 is issued to Frank Lerner, 58 Harbor
Road, Westhampton Beach, to place ·a 75 lbs. mushroom and
anchor mooring and buoy for a 16' o/b (Reg. No. NY0310AL),
in Moriches Bay, under the direction of Bay Constable Ted
Sadleir.

-131-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
PERMIT NO. 90-1S6 is issued to Gary M. Proce, 283 Pine
RoAd, Noyac, to place a 200 lbs. mushroom and anchor
mooring and buoy for a 17' Boston Whaler (Reg. No.
NY1936DD), in Noyac Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO: 90-157 is issued to Lewis Sanders, Seascape
Lane, Quogue, to place a 150 lbs. mushroom and anchor
mooring and- buoy for a 32' Donz (Reg. No. NY2056JY), in
Quantuck Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO: 90-158 is issued to Steven Stark, Fis·k Avenue,
Westhampton Beach, to place a 150 lbs. mushroom and anchor
mooring and buoy for a 26' Baja (Reg. No. NY2251JU), in
Moriches Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO~ 90-159 is issued to Steven Stark, Fisk Avenue,
Westhampton Beach, to place a 150 lbs. mushroom and anchor
mooring and buoy for a 21 1 Glastron (Reg. No. NY7886TF),
in Moriches Bay, under the direction of Bay Constable Ted
Sadleir~

PERMIT NO; 90·160 is issued to Ed Thompson 27 Rampasture


Road, Hampton Bays, to place a 150 (min.) lbs. mushroom
and anchor mooring and buoy for a 25 1 Sportcraft (Reg. No.
NY3694UB), in Mill Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO; 90-161 is issued to Keith S. Tuthill, Sr., 21
King Street, Hampton Bays, to place a 100 lbs. mushroom
and anchor mooring and buoy for a 13 1 Woodskif (Reg. No.
NY4675BY), by Rampasture Point, in Shinnecock Bay, under
the direction of Bay Constable Stuart Rose.
PERMIT No; 90-162 is issued to Gerald ~ Pamela Woods, 398
Dune Road, Westhampton Beach, to place a 150 lbs. mushroom
and anchor mooring· and buoy for a 20 1 Pontoon (Reg. No.
NY2383VA), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir~
PERMIT NO: 90 .. 163 is issued to Robert Stiefel, Bast Shore
Road, Southampton, to place a 100 (min.) lbs. mushroom and
anchor mooring and buoy for a 19' Cruiser (Reg. No.
NY0945PN), in Fresh Pond, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO~ 90-164 is issued to John Prentiss, Noyac Road,
Southampton, to place a 100 (min.) lbs. mushroom and
anchor mooring and buoy for a 21' Pleasure Craft (Reg. No.
NY3990DU), in Wooly Pond, under the direction of Bay
Constable Chris Kohnken.

-132-
(Continued, July 2, 1990, BOARD OF TRUSTEES)
PERMIT NO. 90-165 is issued to Mario Avallone, 38 Aqua
Drive, Southampton, to place a 100 (min.) lbs. mushroom
and anchor mooring and buoy for a 19' Bayliner (Reg. No.
NYS406FB), in Shinnecock Bay, under the direction of Bay
Constable Dale Petruska.
PERMIT NO~ T90-507 is issued to Howard Skulnik, 131 Little
Neck Road, Southampton, to place a 100 lbs. mushroom and
anchor mooring and buoy for a 21' Chriscraft (Reg. No.
NY611464), in Middle Pond, under the direction of Bay
Constable Dale Petruska.
PERMIT NO~ T90-S08 is issued to Jerry Weingurd, 414 Dune
Road, Westhampton, to place a 50 lbs. mushroom and anchor
mooring and buoy for a 16 1 Hobbie Cat, in Moriches Bay,
under the ,direction of Bay Constable Ted Sadleir.
PERMIT NO~ 90·95 is issued to Noyac Marina, Inc., Pine
Neck Avenue, Sag Harbor, to add to current permit, two ( 2)
100 lbs mushrooms and anchor moorings and buoys for
commercial use, in Mill Creek, Noyac, _under the direction
of Bay Constable C~ris Kohnken.
POT PERMIT APPROVED
PERMIT NO. PT22 is issued to Christopher H. Butterfield,
476 East Montauk Highway, Hampton Bays, to place crab pots
in Shinnecock Bay, Southampton Town Waters for 1990.

-133-
JULY 16, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD.AT TOWN HALL ON MONDAY, JULY 16, 1990, AT 1

P.M.

PRESENT WERE: Trustees William H. Bennett, Paul W.


Parash, William T~ Frank, and Patrick A. Heaney. ·
A motion was made by Patrick Heaney, seconded by
William Frank, and duly carried to have William Bennett
act as chairman in the absence of our President today.
The minutes of the regular meeting of July 2, 1990,
were read, amended, and approved as amended.
James Walker of Inter-Science Research Associates,
Inc. was present to discuss the feasibility of submitting
an application for permit, for his client Cliff Robertson,
to dredge the inlet between Mecox Bay and Hayground Cove.
He stated that the inlet is currently shoaled in and
approximately 99\ of the boats using the inlet get stuck..
They simply create a channel by scouring a hole with their
motors. The present width of the inlet is 60 feet and Mr.
Robertson would like to dredge approximately 3 feet.
William Bennett asked where the spoil would be placed and
Mr. Walker said his client has no objection to his upland
property being used as the potential spoil disposal site.

-134-
(Continued, July 16, 1990, BOARD OF TRUSTEES)
The Trustees will discuss this matter further after Mr.
Walker contacts the NYS Department of Environmental
Conservation to get their reaction. In the meantime,
Patrick Heaney recommended installation of more clearly
defined navagational aids. A letter will be sent to John
Anderson to have the maintenance men mark the deepest part
of the inlet. William Bennett also stated that the
property owners not owning a boat might object to the
dredging., William Frank went on to say the ~nlet has
never been dredged.
Supervisor George Stavropoulos appeared before the
Boa:rd to ask the Trustees if ·they would consider closing
Hildreth Road. He stated that on Saturday, July 14th, he
and William Masterson went with the Highway Department
maintenance men: and watched while tqey. removed all the
debtis and garbage that was illegally dumped on Hildreth
Road. He went back for an inspection on Sunday, July
l5th, only to find that people had once again used the
Trustee road for dumping purposes. William. Bennett stated
that the Trustees are opposed to the closing of Hildreth
Road because the Fire Department uses that road as an
emergency route to Red Creek. Supervisor Stavropoulos
asked the Trustees to consider placing a wooden barrier on
the road that would deter the illegal dumpers but would
readily break upon impact of a fire truck. Patrick Heaney

-135-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

stated that he felt Hildreth Road was being used as a


dumping area because it is located near the Town transfer
station and people with refuse that cannot be accepted at
the facility, or arrive after hours, just leave their
refuse on the nearest accessible dirt road. He went on to
s;iy that even if the Trustees closed Hildreth Road people
would probably illegally dump on the next dirt road. The
Trustees will discuss this matter further but agreed that
to stop i~legal dumping more law enforcement is needed.
Roy Haje of En-Consultants, Inc. was present to submit
for perusal a copy of the site plan for his client, Steven
Dubner, who is the owner of property located on Broidy
Lane in the Southampton Country Club Estates subdivision.
The site plan is as Mr. Dubner would 1 ike to develop it
and he also wishes to seek relief from the 50 1 surface
water quality control buffer. Paul Par ash stated that the
site plan will be referred to the Conservation Board for
discussion and input.
Eric Peter Corwith was present to ask where the public
access to Big Fresh Pond is located. Paul Parash stated
that there is a parcel of real property located on Big
Fresh Pond in the vicinity of Lake Drive in North Sea that
provides the sole access, 24 hours a day, to Big Fresh for
the public. Paul Parash went on to say that a resolution
was presented to the Town Board to turn over management

-136-
(Continued, Jul t 16, 1990, BOARD OF TRUSTEES)

and operation of said property to the Town Trustees. If

the resoluation is adopted, the Trustees would then apply


to the NYSDEC for permission to cut trees for a path. Also
a boat ramp could be created. by placing treated poles 4
feet apart with boards over the top. However, at the
present time, the Town owns the property not the Trustees.
Five (S) applications for permits were received.
Four (4) applications for permit were approved.
One (1) aPplication for per~it was held.
Eighteen (18) Mooring permits were approved.
One (1) Pot Permit was approved.
CORRESPONDENCE:

Pieter Van Volkenburgh (NYSDEC), Trustees, re: Notice


changing the certification status of shellfish lands in
Shinnecock Bay (specifically the southern portion of
Shinnecock Ca~al, upper Heady Creek, all of Taylor Creek)
and all of the Sebonac Creek Complex (specifically
Bullhead Bay, Little Sebonac Creek, West Cove Creek,
Scallop Pond and its tributaries). These shellfish lands
do not meet water quality standards for certified
shellfish lands and will be designated as uncertified
during the period May 1st through November 30th, annually.
Bruce Anderson, Charles Guthrie (DEC), cc: Trustees,
re: Wildwood Lake water quality results.
US Army Corps of Engineers, Trustees, re: Notification

131
(Continued, July 16, 1990, BOARD OF TRUSTEES)

of public meetings concerning the Federal Manual for


Identifying and Delineating Jurisdictional Wetlands.
The Parrish Art Museum, Trustees, re: Invitation to
Brazillian Night program on Saturday, August 18th. Letter
will be sent stating Trustees will attend.
Group for the South Fork, Trustees, re: Staff Report
Council for the Global Forum, Trustees, re: Invitation
to a special conference on Economic Development and the
EnvironmeOt. No Trustees will attend.
Cornell Cooperative Extension, Trustees, re: copy of
their publication "On The Water 11 •

The Nature Conservancy, Trustees, re: Invitation to


their Seventh Annual Benefit Dinner Dance.
Henrietta Joanos (President of the Bay View Oaks
Association), Trustees, re: Letter of thanks and praise
for Bay Constable Christopher Kohnken's visit and
informative address on safety, permits, boating, pollution
and other concerns of the waterways in Southampton at
their last meeting.
Supervisor Stavropoulos, Trustees, re: notice to all
departments: Savings of the Week.
Power Plus of America, Inc., Trustees, re: Material
Safety Data Sheet for air alkaline batteries used by the
Bay Constables.
Doris Koffman, Trustees, re: Letter voicing concern

-138-
(Continued 1 .)ul~ 16 1.1990; BOARD OF TRUSTEESt
that the Red Cedar Point peninsula is being used as a
public beach by boaters. jet skiers, 4WD vehicles,
campers, picnicers. John Wourgola will reply.
A motion was made by Patrick· Heaney, seconded by

William Frank, and duly carried to pay for the following


bills out of Trustees' Special Account:
1. Carol 0 1 Gara office worker $760.50
A motion was made by William Frank, seconded by

Patrick Heaney, and duly carried to adopt the following


resolution:
RESOLVED, that the Board 'Of Trustees of the

Freeholders and Commonalty of the· Town of Southampton


requests the Town Board of the Town of Southampton to
authorize the Town Attorney's Office to commence an action
in the State Supreme Court against the Lobster Inn, Inc.,
and/or their successors, in interest to enjoin and abate
certain encroachments upon land owned and held by the
Trustees and seek damages thereof~

A letter will be sent to the Town Council with a copy to


John Wourgola, Deputy Town Attorney~

A motion was made by William Frank, seconded by


William Bennett, and duly carried to pass the following
resolution:
WHEREAS, it has come to the attention of the Trustees
that the Town Computer System is now linked directly to

-139-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

the records of the Department of Motor Vehicles in Albany,


and
WHEREAS, the ability to access their records in house
would be extremely helpful to the Bay Constables in their
efforts to enforce the Ordinance of the Town of
Southampton, and
WHEREAS, this access would also be of great help to
the Trustees' clerical staff in validating information
supplied by applicants for various permits issued by the
Trustees, and
WHEREAS, use of the Town Computer System to access
these records would reduce the demand on Town Police
personnel in non-emergency situations,
NOW, THEREFORE, BE IT RESOLVED, that this Board does
hereby formally request the Town Board's authorization for
the Trustees' access to the DMV computer link~

A letter will be sent to Richard Blowes with a copy to


John Wourgola, Deputy Town Attorney.
Patrick Heaney stated that based upon his
recommendation a permit was issued on April 2, 1990 to
Leonard Zack of East Quogue, to construct a fixed dock,
ramp and float in Phillips Creek. He said that after
receiving numerous complaints he did a post construction
inspection and found several flagrant violations of the
application. Mr. Heaney then asked the NYSDEC for a copy

-140-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

of the permit they issued to Mr, Zack and found that the
applicant had also violated clearing conditions set in the
DEC permit. Mr. Heaney went on to say that he will seek
to co-ordinate an effort between the DEC and the Trustees'
Office to compel the applicant to correct 'the violations
that exist.
Patrick Heaney also stated that the application for
permit received from Michael Landes is being held pending
outcome of a court summons for work done on an expired
permit.
William Bennett stated that he received a request from
the Hampton Bays Fire Department requesting permission to
use Peconic beach road of£ West Landing Road in Hampton
Bays, which is a Trustee road, for their annual department
picnic on Saturday, August 11, 1990, from 7 A.M. to 11
P.M~ The Fire Department will be paying to have a sand
vacuum service clean 100 feet of beach to remove any glass
and other types of debris before and after the picnic. A
letter granting permission will be sent ·to the Hampton
Bays Fire Department with a copy to Allyn Jackson.
William Frank stated that the Genet Creek Association
in North Haven Shores, has replaced their docks without
first obtaining a permit from the Trustees. A letter,
along with an application form, will be sent to the Genet
Creek Association, requiring that they apply for a

-141-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

permit. A copy of our letter wi 11 be sent to the Village

of North Haven.
Paul Parash stated that Trustee maintenance men, along
with Highway Department maintenance men, will be sent to
the West Neck dock in Sebonac to fill in the potholes and
do temporary resurfacing of the facilities to get us
through the summer season.
The meeting on motion was adjourned.

~:;a:~
~nnett, Secretary

PERMITS ISSUED

PERMIT NO~ 57681 is issued to En-Consultants, Inc., agent


for LAWRENCE HOKE, Huntington Lane, Flanders, to construct
a 6' x 16' float adding to Permit No. 5674, the base of
the 11 T" making its overall length 48' with the same 6' x
32' outer "T" floats. Project is located on owner's
property off Reeves Bay, as per application and survey
submitted.
PERMIT NO~ 5769: is issued to En .. Consultants, Inc., agent
for ED & JANICE GERMANO, 93 Dune Road, Quogue, to reface
60 l~f~ of timber bulkhead facing Quogue Canal, This
permit is subject to the following Special Conditions:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall,
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted~ No organic top soils are to be placed along
the inside of the new bulkhead.

-142-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

Project is located on owner's property off Quog·ue Canal,


as per application and survey submitted.
PERMIT NO. 5770: is issued to Vollmuth & Brush, agent for
ROBERT SHAPIRO, 320 Dune Road, Westhampton Beach, to
construct a 3' x 350+ 1 catwalk (4 1 above grade) leading to
the Atlantic Ocean.- The fee owner and all other _Qersons
havlng a legal right of waf over the property shafl have
the right to use the wa kway. ProJeCt 1s located on
owner's property off AtlantlC Ocean, as per application
and survey submitted. To contruct a 4' x 185 1 catwalk (4'
above grade) leading to a 8 1 x 25' floating dock. Project
is located on owner's property off Moriches Bay, as per
application and survey submitted.
PERMIT NO~ 5771: is issued to Bourke, Flanagan, and Asato,
agent for ANNA & MICHAEL MOERS~ Lake Drive, Southampton,
to construct a 12' x 10 1 floating dock with 14' 611 x 3 1 61'
floating connection attached to stationary dock
approximately 20'4 1' x 5' 411 , as depicted on revised survey
dated May 17, 1990. Project is located on owner's
property of£ Big Fresh Pond, as per application and survey
submitted.
APPLICATION fOR PERMIT HELD:
An application from Robert M. Lohman, agent f~r
Nancey Abel, 106 Little Neck Road, Southampton, to repair
existing 4 1 x 12' dock will be held until an application
for permit is received .for an existing bulkhead that was
constructed without a permit~
MOORING PERMITS APPROVED:
PERMIT NO~ 90-166 is issued to James F •. Baird, Red Creek
Road, Hampton Bays, to place a 150 lbso mushroom and
anchor mooring and buoy for a 24 1 Sailboat (Reg. No.
MS2112WF), in Red Creek Pond, under the direction of Bay
Constable Ken Malone.
PERMIT NO; 90-167 is issued to Mark H. Baur, North Jones
Road, Hampton Bays, to place a 150 lbs. mushroom and
anchor mooring and buoy. for a 18' sloop (Reg. No.
NY5042GJ), in Birch Creek Pond, under the direction of Bay
Constable Ken Malone.
PERMIT NO~ 90 ... 168 is issued to Marc Skopov, 7 Ludlow Lane,
Hampton Bays~ to place a 150 lbs: mushroom and anchor
mooring and buoy for a 16' Pennyan (Reg. No~ NY2910AP), in

-14~-
(Continued, July 16, 1990, BOARD OF TRUSTEES)

Smith Creek Pond, under the direction of Bay Constable Ken


Malone,

PERMIT NO. 90-169 is issued to Nancy Berken, 1 Bayview


Drive, Bay Point, Sag Harbor, to place a 150 (min.) lbs.
mushroom and anchor mooring and buoy for a 25' Donzi (Reg.
No. NY2108JY), in Sag Harbor Cove, under the direction of
Bay Constable Chris Kohnken.
PERMIT NO~ 90-170 is issued to George & Roberta Buntic,
Old North Highway, Hampton Bays, to place a SO lbs.
mushroom and anchor mooring and buoy for a 13 1 Sailboat
(Reg. No. N/A), in Cold Spring Pond, under the direction
of Bay Constable Dale Petruska.
PERMIT NO: 90-171 is issued to William Brommage, 1 Peconic
Road, Hampton Bays, to place a ISO lbs. mushroom and
anchor mooring and buoy for a 16 1 Meyer (Reg. No.
NY8655HR), in Shinnecock Bay, under the direction of Bay
Constable Dale Petruska.
PERMIT NO~ 90-172 is issued to Marshall Davis, Oak Grove,
Southampton, to place a 75 lbs~ mushroom and anchor
mooring and buoy for a 19 1 Sailboat (Reg. No. NY6828BG),
in Fresh Pond, under the direction of Bay Constable Chris
Kohnken.
PERMIT NO~ 90-173 is issued to Robert & Linda Johnston,
Oak Street, Noyack, to place a 75 lbs. mushroom and anchor
mooring and buoy for a 20' Sailboat (Reg. No~ NY7243PN),
in Noyac Bay, under the direction of Bay Constable Chris
Kohnken.
PERMIT NO~ 90-174 is issued to Thomas Martino, Shore Road
& Cedar Avenue, Southampton, to place a 100 lbs. mushroom
and anchor mooring and buoy for a 21' Executive (Reg. No.
NY7396PG), in North Sea Harbor, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO~ 90-175 is issued to Paul J. Milazzo, North
Highway, Southampton, to place a 75 lbs. mushroom and
anchor mooring and buoy for a 17 1 Boston Whaler (Reg. No.
NY7205PE), in Cold Spring Pond, under the direction of Bay
Constable Dale Petruska.
PERMIT NO; 90-176 is issued to Daniel B. Murphy, Birch
Street, Noyac, Sag Harbor, to place a 50 lbs. mushroom and
anchor mooring and buoy for a 14' Skiff (Reg. No.
NY5899BX), in Mill Creek, under the direction of Bay
Constable Chris Kohnken~

-144-
(.Continued, July 16, 1990 1 BOARD OF T~USTEES)

PERMIT NO~ 90-177 is issued to John O'Neill, Flying Point


Road, Southampton, to place a 100 lbs. mushroom and anchor
mooring and buoy for a 17' Boston Whaler (Reg. No.
NY353SDE), .in Mecox Bay, under the direction of Bay
Constable Dale Petruska.
PERMIT No; 90-178 is issued to Lloyd S. Rogers, Halsey
Lane, Bridgehampton, to place a 100 lbs. mushroom and
anchor mooring and buoy for a 18 1 Owens (Reg. No.
NY8026AR), in Noyac Creek, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO: 90-179 is issued to Brian E. Schrag~, 44
Neptune Avenue, Hampton Bays, to place a 100 lbs. mushroom
and anchor mooring and buoy for a 26 1 Luger Sailboat (Reg.
No. NY253.3EY), in Red Creek, under the direction of Bay
Constable Ken Malone.
PERMIT NO~ 90-180 is issued to William Steigerwald, 10
Shinnecock Road~ Hampton Bays, to place a 75 (min) lbs.
mushroom and anchor mooring and buoy for a 16 1 Boston
Whaler (Reg. No. NYZ528BK), in Shinnecock Bay, under the
direction of Bay Constable Ken Malone.
PERMIT NO~ 90-181 is issued to Kenneth B. Whitman, 47
Shinnecock Road, Hampton Bays, to place a 75 (min) lbs.
mushroom and anchor mooring and buoy for a 15' Sportcraft
(Rego No~ NY9483JZ), in Shirinecock Bay, under the
direction of Bay Constable K~n Malone.
PERMIT No; 90-182 is issued to John Wren, 18 Indian Run,
East Quogue, to place a 150 (min) lbs. mushroom and anchor
mooring and buoy for a 21' Skijack Chriscraft (Reg, . No.
NY3684UB), in Tiana Bay, under the, direction of Bay
Constable Stuart Rose.
PERMIT NO~ T90·S09 is issued to Sydney Bumberg, 298 Dune
Road, Westhampton Beach, to place a 100 lbs. mushroom and
anchor mooring and buoy for a 17' Grady White (Reg. No.
NY3Z80PN), in Moriches Bay, under the direction of Bay
Constable Ted Sad,leir.
POT PERMIT APPROVED
PERMIT NO. PTZ3 is issued to Joseph W. Brennan, Lumbe_r
Lane, Bridgehampton, to place pots in Sagaponack Bay,
Southampton Town Waters for 1990.

-14 s-
AUGUST 6, 1990

TilE REGULAR MEiiTING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, AUGUST 6, 1990,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W. Parash, William T. Frank,
Patrick A~ Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of July 16, 1990,
were read, amended, and approved as amended.
William Frank reported that he had a conversation with
former Trustee Frank Smith and found out from Mr. Smith
that the inlet between Mecox Bay and Hayground Cove had
been dredged with a backhoe in the early 1970's.
Roy Haje of En-Consultants, was present to discuss his
plans for submitting a sketch of a ramp to be built on the
Trustee owned parcel o£ real property located on Big Fresh
Pond. The Board is not in favor of cutting or disturbing
the banks and suggested the ramp configurations be planned
with this in mind~ After much discussion, William Bennett
asked Mr. Haje to submit plans for a ramp with walkway
that will be the least detrimental to the bank and
vegetation.
Harry Carr appeared before the Board to complain about
the navigational system in Smith 1 s Creek. He said after
(Continued, August 6, 1990, BOARD OF TRUSTEES)
you pass green buoy 1#3 on the port side, there are no more
green buoys, just red buoys 1#4 and #6. He thinks two or
three more marine green buoys should b,e installed--liS,
possibly ##SA, and 117. He also stated that the motor on
his 17' sailboat became entangled in ten foot of line
attached to a bayman's trap in Smith's Creek. The
styrofoam warning float used by this particular bayman was
only three inches in diameter and \'las not even noticeable
in the water. He would like to see baymen use warning
floats as large as clorox bottles for their traps. He
also went on to say that. baymen have been encroa,ching on
the channel and would like the Trustees_ to provide a wide
channel for boaters& Edward Warner stated the channel is
100 feet:. wide and baylllen are required to keep their traps
SO feet from the channels edge.
Tom Samuels was present to ask a question regarding
leaking bulkheads. If the Trustees issue a permit to
construct bulkheading and the bulkheading is found to be
leaking a few years later, can anything be done by the
Board to force the owners to maintain same. After a
lengthy discussion by the Trustees and Deputy Town
Attorney John Wourgola, the answer to Mr. Samuels was no.
Sixteen (16) Applications for permit were received.
Ten (10) Applications for permit were approved.
Five (5) Applications f~r permit were held.
One (1) Application for permit was withdrawn.
(Continued, August 6, 1990, BOARD OF TRUSTEES)
Eight (8) Mooring peri.IJ.J. ts were approved.
One (1) Pot permit was approved.
CORRESPONDENCE:
Supervisor George Stavropoulos: Change in policy
regarding Town owned vehicles. A letter was sent to all
Bay Constables and Maintenance Men with a copy to
Superviso~ Stavropoulos.
John Luongo, Hampton Bays: Letter of praise for Bay
Constable Kenneth Malone calling him a conscientious,
fair, patient and efficient officer.
Roger Evans, NYSDEC: Notice of receipt of
applications for the reconstruction of bulkheads at

Eastport Bay Avenue dock and Bast Quogue Bay Avenue dock.
Kenneth H. Thommen, Town Clerk: Resolution by Town
Board turning over a parcel of real property located on
Big Fresh Pond in the vicinity of Lake Drive in North Sea
to the Trustees. The Trustees were also given the
authority to clean up this property and to govern the
management and operation of said property.
Shirley Holmes, John Wourgola, cc: Trustees, re:
approval for Trustees' access to Department of Motor
Vehicles program. The Trustees agreed that only the two
secretaries should be given passwords to access this
program.
James Walker, Inter·Science Research Associates, Inc.,
re: their client, Cliff Robertson. A letter stating that

I 'it'
(Continued, August 6, 1990, BOARD OF TRUSTEES)
they will be back in touch with Trustees as soon as they
have met with the l!YSDEC regarding the potential for
dredging the inlet from Mecox Bay to Hayground Cove.
Robert Greene, NYSDBC, James Walker of Inter-Science
Research Associates, Inc., cc: Trustees, re: formal
request for a pre-submission conference to consider the
potential dredging of Hayground Inlet.
Edward Deyermond, Assessor: Update letter regarding
Town wide inventory and revaluation of all property
project.
J. L. Johnson, Commander, U.S. Coast Guard: Invitation
to meeting being held August 9th re: maritime law
enforcement problems.
Rosa Colomba, NYSDEC: Letter listing status of
dredging projects.
Hampton Bays Civic Association: Letter of concern
regarding two story houseboat tied up off.· Rampasture
Road. John Wourgola will reply.
Charles Konz, Secretary of the Bullhead Yacht Club:
Letter notifying Trustees ·of 2 missing range markers
leading from Peconic Bay to Sebonac Creek. Edward Warner
reported that Sr~ Bay Constable Andersen has replaced the
missing markers.
Dwight Lawton, Truck Sales Manager for Pape Chevrolet
re: problem with trade-in vehicle~ John Wourgola will
reply.

·149.-
(Continued, August 6, 1990, BOARD OF TRUSTEES)
Martin Gilmartin: Letter re: Gullo/Omabegho dock.
John Wourgola replied.
US Army Corps of Engineers: Public Notice announcing
the reissuance of a Regional General Permit.
NYS Division of Library Development: Registration
form for 1991/1992 Discretionary Grant Application
Workshops.
The N~ture Conservancy: Chapter News publication.
Robert Keene, Town Historian: Notes on Southampton.
Joyce Ridgwell, President of the Bay View Pines Civic
& Taxpayer 1 s Association: Letter of concern over the
practice of transplanting shellfish from the waters at the
western end of Peconic Bay. William Frank will reply.
Supervisor George Stavropoulos: Savings of the Week.
Supervisor George Stavropoulos: Letter stating all
resolutions requiring the Supervisor to sign a contract
must now have the following words inserted 11
approved by
the Town Attorney 11 •
Timothy Collins, Inter~Science Research Associates,
Inc.: Re: their client, Henry Kravis, Meadow Lane,
Southampton. A letter asking the Board to further explore
the possibility of obtaining approval for dock additions
originally applied for and denied by the Trustees on
October 18, 1989, The members of the Board agreed their
thinking had not changed regarding this project and will
have John Wourgola reply~
(Continued, August 6, 1990, BOARD OF TRUSTEES)
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to pass the following resolution:
At a regular meeting of the Board of Trustees of the
Freeholders and Commonalty of the Town of Southampton held
at Town Hall, Hampton Road, Southampton, New York, on the
6th day of August, 1990, the following resolutions were
ADOPTED and ENACTED as of the 13th day of August, 1990:
RESOLVED, that the Rules and Regulations of said
Trustees for the Management and Products of the Waters of
the Town of Southampton as adopted by Resolution on the
7th day of May, 1990, and as amended from time to time
thereafter, are hereby amended as follows; and
BE IT FURTHER RESOLVED that the Rules and Regulations,
as amended, be and they hereby are ADOPTED, ENACTED,
RE-ENACTED in their place and stead, effective as of the
30th day of July, 1990:
The definition of 11
COMMERCIAI; HAULBR 11 found in Article
1, Definitions, shall be replaced by a definition known as
11
COMMBRCIAL USER 11 • ucoMMERCIAL USER" shall mean any
person whose business involves the use of Trustees' ramps,
i.e., boat yard~ dock builders, dredging. Nothing in this
definition shall be deemed to include Commercial Baymen.
Article X, Ramp Permits, Section 1, Paragraph D., is·
hereby amended to read as follows: 11 Ramps may be used by
a Commercial User upon first applying for and obtaining an
annual ramp permit from the Town Trustees of the Town of

-1St-
(Continued, August 6, 1990, BOARD OF TRUSTEES)
Southampton. There shall be a fee of two hundred dollars
($200.00) for such permit and said permit shall expire the
last day of the year of issue."
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pass the following
resolution:
RESOLVED, that the Town Trustees do hereby C·onsent to
the Building Department 1 s issuance of a demolition perm! t
to Lobster Inn, Inc. for renioval of structures located on
Town Trustee property, and
BE IT FURTHER RESOLVED, that, as a condition to
issuance of said permit, Lobster Inn, Inc. provide a
written indemnification and hold harmless agreement for
any property damage or personal injury occurring by virtue
of its actions taken pursuant to the demolition permit.
Said indemnification shall indemnify and hold harmless the
Town Trustees individually and in their capacity as
elected officials.
A motion was made by William Frank, seconded by Edward
Warner, and duly carried to pay for the following out of
Trustees Special Account:
1. Carol O'Gara Office Help $845.00
Z. Peerless Marine (Z) 45HP o/b motors $750.00
3. Petty Cash $100.00
Patrick Heaney reported that Michael Landes, whose
application for permit is being held until a summons

-15~-
(Continued, August 6, 1990, BOARD OF TRUSTEES)
matter is cleared up, failed to appear in court on July
27th. His new court date is August 10, 1990.
Patrick Heaney also reported that a letter was sent to
the DEC advising them that the clearing conditions set in
their permit to Leonard Zack of East Quogue had been
violated. Mr. Heaney went on to say he receiv!"d a call
from contractor, Ron Barnish, who informed him that he had
cut Mr. Z'ack 1 s dock back to a width of four feet and it
now conforms to the specifications listed in the Trustees
permit. However, Mr. Heaney stated that the dock still
extends out too far in Phillips Creek and the length will
also have to be cut back in order to conform to permit
specifications.
Patrick Heaney brought before the Board the concerns
of Red Creek residents Bob McAlevy and Dr. Marrota
regarding baymen in Hubbard Creek blowing out soft clams
with their outboard motors. They feel this practice is
destroying the bay bottoms, Edward Warner stated that
this practice is perfectly legal and it helps aerate the
soil. Also, soft clams only have a two year life eye le
and if they are not harvested they will die anyway.
William Frank reported that he was notified on July
27th that unknown persons had opened a cut in Sagg Pond by
shovel. About three feet of water drained off the Pond.
An inspection on July 30th disclosed that nature had
closed the C\Jt.

-152-
(Continued, August 6, 1990, BOARD OF TRUSTEES)
Edward Warner read the following Bay Constable report:
New motors were installed on barge and it is back in the
water. M-1 motor should be fixed. Motor for M-3 has been
fixed and should be back in operation by August 7. The
drain that runs through Arthur Smith's property in Water
Mill has been partially cleaned by the maintenance men.
They will do some IDOre work on it after Labor Day. Mud
cat is finished at Fresh Pond and is now at Red Creek Pond.
Edward Warner also reported that the new owners of
Callahan's want to expand the marina.
Paul Parash reported that the West Neck dock in
Sebonac has been repaired
The meeting on motion was adjourned:
Respectfully submitted,

PERM ITS ISSUED:


PERMIT NO~ 5772: is issued to En-Consultants, Inc., agent
for EUGENE SULLIVAN, 174 Beach Lane, Westhampton Beach, to
remove and replace (in same location and configuration)
127 1.£~ of timber bulkhead~ Dredge an area up to 10' in
front and maximum depth 4' below MLW. Maximum of 10 c.y.
will be remove to upland resource. The following special
condition apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun. only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.

-153-
(Continued, August 6, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5773: is issued to Land Use Company, ag·ent for


MARVIN SIMEs, Sandpiper Court, Westhampton, to renew
Permit No. 5448; construct 164 1.£. of timber bulkhead
landward of the tidal wetlands line, and to backfill with
100 C .y. of clean sand. The following special condition
apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
th'e wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall,
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off dug canal off
Moriches Bay, as per application and survey submitted.
PERMIT NO~ 5774; is issued to James V. Zizzi, agent for
EILEEN & .MICHAEL BROD, Lot 18, Atlantic Farms, Pine Tree
Lane, Westhampton, to construct a 3 1/2' x 127 1 catwalk
(4' above grade). 4' x 14' ramp, and a 6 1 x 25' floating
dock forming a "T" shape. Floating dock must be removed
in winter months. Project is located on owner's property
off Brushy Neck Creek, as per application and survey
submitted.

PERMIT NO~5715: is is·sued to Land Use Company, agent for


DANIEL & SUSAN STONE, Shinnecock Road, Quogue, to renew
Permit No~ 5426; construct 4' x 240 1 catwalk (4' above
grade) connecting existing deck. to existing dock. NOTE:·
There have been changes to the Trustees Rules----aii(T
Regulat1ons, re'fer to back of. Perm1t. ProJect 1s located
on owner's property off Sh1nnecock Bay, as per apptication
and survey submitted.

P~~~~~~~~ is issued to Michael Sylvester, agent for


R ; 27 Leeward Lane, Quogue, to construct 96'
bulkhead within 18" of existing and place 30 c. y. clean
backfill. TO construct a 10' return east end of property
to exist bulkhead. The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only cl'ean sand or gravel will be

-15~-
(Continuod, August 6, 1990, BOARD OF TRUSTEES)
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Quogue Canal,
as per application and survey submitted.
PERMIT NO~ 5777: is issued to En-Consultants, Inc., agent
for MAXINE MILLER & JOHN CANNISTRACI, Phillips Lane,
Southampton, to extend Permit No. 5540; Construct a 4 1 x
80' catwalk (4 1 above grade), 4 1 x 12 1 ramp, 6 1 x 16'
floating dock. Floating docks must be removed in winter
months. Project is located on owner's property off Far
Pond, as per application and survey submitted.
PERMIT NO: 5778: is issued to Platt, Platt & Platt, Esqs.,
agent for PHILIP & SUSAN WARNER, Heady Creek Lane,
Southamptqn, to construct a 4 1 x 20 1 catwalk (4' above
grade), 4' x 12' ramp, 6' x 16 1 floating dock. Floating
docks must be removed in winter months. Project is
located on owner's property off Heady Creek, as per
application and survey submitted.
PERMIT NO~ 5779: is issued to En-Consultants, Inc., agent
for FRANK CATALLO, Dumar Drive, Noyac, to reconstruct a 4 1
x 25 1 fixed dock and construct a 4' x 10' dock. "L 11
shaped. Project is located on owner's property off dug
canal off Noyac Creek, as per application and survey
submitted.
PERMIT NO~ 5780: is issued to Eo-Consultants, I.nc., agent
for GARY TWEED, Robertson Drive, North Haven, to construct
a 4' x 90' catwalk (4 1 Above grade), 6' x 96 dock
(east-west), 6' x 32' angled fixed section, and a 6 1 x 32'
dock (north-south) section with a 5' x 32 1 stepdown
platform. Install a 3-pile dolphin approximately 30 1 east
of stepdown platform~ Project is located on owner's
property off Noyac Bay, as per application and survey
submitted.
PERMIT NO~ 5781: is issued to Peter Corwith, agent for
JOAN BARtON, Old Mill Road, Water Mill, to construct a 5 1
x 10' floating dock. Floating dock must be removed in
winter months. Project is located on owner's property off
Mill Pond, as per application and survey submitted.
APPLICATIONS FOR PERMITS HELD:
An application for Patricia 4 Ralph Borelli, 120 Reeves
Bay Trail, Flanders to acquire a permit for an existing
dock in Reeves Bay is being held pending receipt of a
survey indicating the location of the seasonal dock.

-15;5-
(Continued, August 6, 1990, BOARD OF TRUSTEES)
An application for Jeffrey S. Shumejda, 33 Point Road,
Flanders, to construct a seasonal floating dock in Reeves
Bay is being held pending receipt of a current survey
indicating the location of the seasonal floating dock and
catwalks.
An application for Marianna & Victor Shulman, dba
Victorianna, Inc •• to acquire a permit for an existing 253
foot timber walkway along shoreline of Wildwood Lake is
being held pending outcome of a court summons for work
done without a permit.
An application from -Peconic Marina, Inc., Noyac Road,
Southampton, to maintenance dredge along bulkhead is being
held pending receipt of further- ·information defining area
of dredging and Spoil site location.
An application from Walter ·Kuettner, 57 Cold Spring
Road, Southampton, to reface bulkhead is being held
pending receipt of current survey
APPLICATION FOR PERMIT WITHDRAWN:
An application from En-Consultants, Inc., agent for
Steven Stark, Fisk Avenue, Westhampton Beach, to amend
Permit No. 5742 to include a 4' x 20'- fixed ·section on the
outside of the dock to cre·ate a 11 T11 configuration was
withdrawn by Roy L~· Haje, President, En .. Consul tants, Inc.
MOORING PERMITS ISSUED:
PERMIT NO~ 90 ... 183 is issued to Dayna Carvis, 32a Canoe
Place Road, Hampton Bays, to place a 7 5 lbs. mushroom and
anchor mooring and buoy for a 14' Sea Squirt (Reg. No.
NY3579PB), in Shinnecock Bay, under the direction of Bay
Constable Ken Malone.
PBIMIT NO~ 90•184 is issued to Johannes DeMetz, Aqua
Drive·, Southampton~ to place a 300 lbs~ mushroom and
anchor mooring and buoy for a 30' Wellcraft (Reg. No.
NY79730C), in Shinnec.:ock Bay, under the direction of· Bay
Constable Dale Petruska.
PERMIT NO~ 90-185 is issued to Albert Cassidy, Great Hill
Road, Southampton, to place a wooden stake and anchor
mooring and buoy for a 22 1 Four Winns (Reg. No. NY4083GJ),
in North Sea Harbor, under the direction of Bay Constable
Chris Kohnken.
PERMIT NO: '90-186 is issued to James S. Benson, 28 East
Argonne Road, Hampton Bays; to place a SO lbs mushroom and
anchor mooring and buoy for a 18 1 Centerboard Sai lboa tar
(Reg. No. NY2805GJ), in Cold Spring Pond, under the
direction of Bay Constable Dale Petruska.

·156-
(Continued, August 6, 1990, BOARD OF TRUSTEES)

PERMIT NO. 90-187 is issued to Laurence K. Denihan, 524


Dune Road, Westhampton B~ach, to place a 150 lbs mushroom
and anchor mooring and buoy for a 20' Boston Whaler (Reg.
No. NY6601FB), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT No: 90-188 is issued to Virginia Smith, 200 Noyac
Avenue, Sag Harbor, to place a 150 (min) lbs mushroom and
anchor mooring and buoy for a 22' Criscraft (Reg. No.
NY1987ES), in Sag Harbor Cove, under the direction of Bay
Constable Chris Kohnken.
PERMIT NO~ 90-189 is issued to Peter Susser, 33 Tiana
Circle, Hampton Bays, to place a 100 lbs mushroom and
anchor mqoring and buoy for a 18 1 Searay (Reg. No.
NY9523JU), in Tiana Bay, under ·the direction of Bay
Constable Stuart Rose.
PERMIT NO; 90-190 is issued to Bullhead Yacht Club, West
Neck Road, Southampton, to place (24) twenty-four various
lbs mushroom and anchor mooring and buoy for Club Members
use, in Bullhead Bay, under the direction of Bay Constable
Chris Kohnken.
AUGUST 20, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, AUGUST 20, 1990, AT
1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Fuank,
Patrick A. Heaney and Deputy Town Attornel. John Wourgola.
The m'inutes of the regular meetirig o£ August 6, 1990,
were read, amended, and approved as amended.
Edward Warner' reported that in response to Harry
Carr's complaint at the last ~eeting regarding the
navigational system in Smith's Creek, Senior Bay Constable
John Andersen was asked to have our maintenance men
install a few extra whips with green and red flags i_n
Smith's Creek. Also, the Trustees will consider
incorporating into their Pot Permits the stipulation that
the buoys used by the baymen for their pots be larger than
three inches in diameter~

John Bennett, representing the Hampton Point


Association, was present along with Mrs. Margaret
Christie, Association President, to discuss the dock
located at the foot of Hoover Lane, Bast Quogue, that Mrs.
Christie says the Association has maintained since 1957
and that has been in existence for over thirty years.Also
present were residents of the Hampton Point Association,

-159-
(Continued, August 20, 1991, BOARD OF TRUSTEES)

Charles Knapp (since 1951), Al and Doris Thompson (since


1957) and Al Lynebar (s1nc.e 1950). They were there to
attest to the fact that the dock referred to as Hoover
Lane on Permit No. 407, issued June 1960, by the Trustees
has been in the same place for thirty years - on the
westerly portion of Lot 4 not on Lot 5 as per sketch
submitted with the application. Mrs. Christie said the
sketch was in error, as Lot 5 has no easement. Mt.
Bennett s~id the 20 foot easement to Daves Creek has
always been on Lot 4 and he is requesting an amendment to
the Trustee permit clarifying the scriviners error. He
went on to say that there was no Hoover Lane in 1929 when
the sub-division map of Shinnecock Bay Park was first
filed, but, after 1951, when the property was developed it
became an easement to Daves Creek. Since the easement was
put in by the developer, the developer's sketch should
have shown the easement between Lots 3 &4 not between
Lots 4 &5 but an error was made and not caught before
filing the application. John Wourgola suggested that a
"clarifying letter" could be written by the Trustees,
however, Edward Warner recommended that the matter be put
on hold until the files are researched due to the fact
that the Hampton Point Association is currently in
litigation with Thomas Monahan over this dock.
Ida and Andrew Pecorini were present along with
Attorney Martin Gilmartin, representing Dr. Stephen Gullo,
to discuss the controversy over the Omabegho/Gullo Towd

-160-
(Continued, August 20, 1990, BOARD OF TRUSTEES)

Point Dock. Mr. Gilmartin said his client will extend


neighborly courtesy to the Pecorini 1 s and others to use
his dock for embarkilg and disembarking providing they
sign a hold harmless agreement running to Dr. Gullo and
Dr. Omabegho and that the dock and walkway remain as
built. Also, Dr. Gullo has two boats which will stay tied
up to the dock. Ida Pecorini stated that she has no

~roblem with the dock, just with the "boardwalk"· that


extends over their SO foot right of way to North Sea
Harbor. She wants Dr. Gullo to take the center section of
the fixed walk out and said Dr. Ruth Omabegho agrees with

her suggested solution to this problem. Edward Warner


stated that if Dr. Gullo ends his walkway at the high
water mark, then he will not block access along the beach
and the remaining walkway and floating dock become his
private property. Andrew Pecorini then stated that Dr.
Gullo's dock is very large occupying a small inlet. What
happens if they want to build a private dock. After much
discussion, the matter was left unresolved, however, Mr.
Gilmartin will talk to his client and send the Trustees a
letter.
Dai Dayton representing Southampton Trails
Preservation was present to discuss the possibility of
blocking vehicle access on certain Trustee roads by
putting posts in the ground. She said this would keep the
roads open to pedestrian traffic but would effectively
block pickup trucks carrying garbage from dumping on these

-161-
(Continued, August 20, 1990, BOARD OF TRUSTEES)

roads. Edward Warner stated that he does not believe in


the closing of Hildreth Road or any other Trustee roads.
He said the residents of .. :1e Town have a right to ride on
these roads and, in order to stop illegal dumping, more
law enforcement is needed. He suggested Ms. Dayton go to
the Police Department. Ms. Dayton then asked if Old parm
Road and Sprig Tree Path, two Trustee roads that are not
used by emergency vehicles but are heavily dumped· upon,
could be closed to vehicles. After much discussion,
William Frank said he would look into the concept of
modifying access to these roads by use of a large dirt
mound, to help keep out illegal dumpers. Ms. Dayton then
asked if the Trustees would have any objection to her
group putting up signs stating there would be a fine for
illegal dumping. Mr. Warner told her to wrlte up her
request and g.ive it to John Wourgola for his review and
that the matter would be discussed at the next meeting.
John Leonard was present, along with Karl Wei senbacher
of the Southampton firm of Squires, Holden, Weisenbacher
and Smith Surveyors, to discuss the matter of Mr.
Leonard's plan to subdivide 50 acres he owns in Noyac.
Mr. Leonard is requesting that the Trustees abandon a
portion of a Trustee road called Deep Hollow Road and to
realign another portion of this road so that it will not
conflict with his subdivision plans. Paul Parash stated
that the matter is currently before the Town Planning
Board and he wants to wait for their recommendation. He

-162-
(Continued, August 20, 1990, BOARO OF muSTEES)

said why have both Boards involved. Patrick Heaney


commented that the Trustees generally prefer to see
Trustee roads turned over to the Town once developed,
Because of thls, we would most likely recommend that the
relocated road bed be signed over to the Town - not the
Trustees. After a lengthly discussion, John Wourgola
suggested that a public hearing might be the solution with

someone from the Planning Board in attendance that is


familiar with this matter.
Frank Vukov of Gardiners Lane, Hampton Bays was
present and s'tated that be has lived there for 18 years in
peace and quiet. He said that about two months ago some
people who bought a house on Penny Lane have started to
race thelr three jet skis inside the creek after the Bay
Constable goes home. They race the motors on their ramp
and hl t the water at full speed, race around inside the
creek and, at low tide, in order to jump back on the ramp,
race full throttle~ He stated that the noise is
unbearable and he cannot sit outside. Edward Warner said
that the rules stiPulate that jet skis cannot go faster
than S MPH within 500 feet of any shoreline and he will
have a Bay Constable investigate the matter.
Ele~en (11) applications for permit were approved.
Three (3) Mooring permits were approved.
CORRESPONDENCE:
Supervisor George Stavropoulos: Invitation to march
in gala parade celebrating Town's Sesqui-Tricentenniel on

-163-
(Continued, August 20, 1990, BOARD OF TRUSTEES)

August 25. Supervisor Stavropoulos and Town Historian


Robert Keene were notified that all Trustees will attend.
Congressman George Hochbrueckner: Update letter
regarding dredging of the Shinnecock Inlet.
Town Board: Distribution Table for the new Town Code.
NYSDEC, Louis K. McLean Associates, cc: Trustees, re:
Town of Southampton voucher for the Bay Avenue, East
Quogue bulkhead reconstruction.
Michael Corey-Environmental Analyst for New York
State, JOhn Johnson of Louis K~ McLean Associates, cc:
Trustees, request for additional information re: Bay
Avenue, Eastport bulkhead replacement.
Alex Sneddon, Southampton Hospital: Informative
letter giving times and distances for the swim segment of
their Fifthampton Triathlon scheduled for September 8 with
500 participants~

New York ~tate Assembly: Notification of public


hearings on environmental issues and their relationship to
tourism.
Dawn Tuttle. Personnel Dept: Request for suggestions
for New Employee Introductory Information Package.
Dawn Tuttle. Personnel Dept: Reminder of major Empire
Health Insurance changes that took place effective April
1st. There are now 14 medical procedures (up from 6) that
require a second surgical consultation.
Lois Conforti. Club Secretary-Long Island East Ski
Club: Letter of thanks for giving permission to use our
beautiful Southampton beaches for their beach party.

-164-
(Continued, August 20, 1990, BOARD OF THUSTEES)
Supervisor George Stavropoulos: Savings of the Week.
Patrick Courter, Supervisor Stavropoulos, cc:
Trustees: Letter regarding Jet-Ski operation in Hampton
Bays. Senior Bay Constable John Andersen investigated and
found operation is properly registered and perfectly legal
and informed Supervisor Stavropoulos of same.
Supervisor George Stavropoulos: Notice of Kevin
Crowe's offer to the Town re: purchase of his Bayberry
Hills Subdivision map at Shinnecock Hills which is a known
historic and cultural site of native American habitation.
Parks &Recreation Dept: Notification of change in
rain date for Hampton Bays Fire Department annual picnic.
Jack Regan, Sailways Southampton: Letter requesting
Trustees concent for windsurfing regatta at the sailing
area at Long Beach, Noyac~ Verbal permission was given by
Edward Warner, however, Mr~ Regan was told that, in the
future, the Trustees must have more than 4 days notice and
the process must start with the Trustees not wJ,th the
Parks &Recreation Department.
WaterWays: Complimentary copy of their publication.
William H. Swan: Copy of the "Cooperative Agreement
between Coastal Aquaculture, Inc., Leonard Milgram,
Trustees of the Freeholders and Commonalty of the Town of
Southampton and Marine Sciences Research Center for
Research and Educational Activities in Salt Marsh Ecology
and Aquaculture 11 for the Trustees review. A copy will be
sent to Deputy Town Attorney John Wourgola for his review
and matter was put on hold until next meeting.

-16S-
(Continued, August 20, 1990, BOARD Of TRUSTEES)

Kenneth H. Thommen, Town Clerk: Resolution by Town


Board forming a Stormwater Abatement Review Committee to
review and approve stormwater abatement proposals as they
are received and to implement policies and procedures.
Trustee Patrick A. Heaney was appointed Chairman.
Supervisor George Stavropoulos: Bad news about fiscal
matters which, in turn, will affect the 1991 Town Budget.
The Nature Conservancy, Tony Bullock, cc: Tru'stees,
Informative article about pond letting in Nantucket.
Erin Frankenbach: Invitation to 350th Town of
Southampton Anniversary party on August 25.
Accounts Payable Department: Change in billing
procedure for Federal Express packages.
Charles Guthri~, NYSDEC: Notification of their plans
to conduct a fisheries assessment of ·Wildwood Lake.
Nicholas C. Palmer: Letter concerning boating
lncident that occurred at the end of Cold Spring Road.
John Andersen contacted Mr. Palmer and the matter is under
investigation.
James McDermott, Shinnecock Yacht Club: List of their
current moored and docked fleet of boats.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pay for the following
bills out of Trustees' Special Account:
1. Carol O'Gara office worker $845,00
2. Raynor &Marcks Surveyors building plans $ 42. 50
3. W.E. desRosiers (2) 6' x 18 11 signs $ 35. 00
4. Deluxe Silk Screening beach permits $347.00

-166-
(Continued August 20, 1990, ~OAKD Of TRUSTEES)

A motion was made by William Bennett, seconded by Paul


Parash, and duly carried to authorize Trustee President
Edward Warner to sign a renewal Trustee credit agreement
with Southampton Welding and Machine Corporation,
Southampton, New York.
A motion was made by Paul Parash, seconded by William
Frank, and duly carried to publish the following public
notice: THE TRUSTEES OF THE FREEHOLDERS AND COMMONALTY OF
THE TOWN OF SOUTHAMPTON give notice that due to a holiday
falling on' the date of their regular scheduled meeting
Monday, September 3, 1990, the date of the meeting will be
changed to WEDNESDAY, SEPTEMBER 5, 1990.
A motion was made by William Frank, seconded by Paul
Parash, and duly carried to have Trustee President Edward
Warner sign and submit the 1991 Budget for the Board of
Trustees to Supervisor George Stavropoulos. Copies will
be sent to Town Council and the Comptroller.
A motion was made by Paul Parash, seconded by Patrick
Heaney, and duly carried to pass the following resolution:
RESOLVED, that the Trustees' secretary be• and hereby
is, authorized to publiSh the following notice to bidders:
NOTICE TO BIDDERS
NOTICE IS HEREBY given that the Trustees and
Freeholders of the Commonalty of the Town of Southampton
will receive bids for construction of a building at
Jackson Avenue~

Plans and specificiations are available at the


Trustees 1 Office at Southampton Town Hall, 116 Hampton

·167-
(Continued, August 20, 1990, BOARD OF TRUSTEES)

Road~ Southampton, New York 11968 between the hours of


8:30 and 4:00 Monday through Friday.
All bids are to be submitted up until 4:00 P.M. on
September 14, 1990 and will be opened at a regular
Trustees meeting on September 17, 1990 at 2:00 P.M.
The Trustees reserve the right to reject all bids.
BY ORDER OF THE TOWN TRUSTEES
WILLIAM H. BENNETT, SECRETARY
Patrick Heaney discussed the status of the Romana
Drive dredging project.
William Frank stated that the Genet Creek Association
in North Haven Shores, has not responded to his letter of
July 19th in which he requested they submit an application
for the docks they replaced without first obtaining a
permit from the Trustees: A Bay Constable will be sent to
issue a summons~

William Frank also reported that he has received a few


letters complaining that water level in Mecox Bay is very
h>gh.
Edward Warner commented that if Hayground Creek is
flushed it would cause more pollution in Mecox Bay.
Edward Warner read the following Bay Constable
report: The cost of repairing the 15 year old trailer
used in the parade would be approximately $900: I feel
this is too much, as a new trailer can be purchased for
around $lt600~ We could also use one more additional
trailer. M/3 is back in the water with a new powerhead.
OMC paid for half the cost of the powerhead. How is the

-168-
(Continued, August 20, 1990, BOARD OF TRU;IE<S)

case coming on Edward Archibald who dug the hole in the


pond bottom in Sag Harbor1 Maintenance men have been
cleaning ramps of eel grass. Town Highway cleaned sand
and eel grass from the Baycrest Avenue ramp. Something
should be done to this area a·s it always fills up with
sand and grass. The new ramp to be Constructed at Bay
Avenue, Eastport, should be extended at least 20' seaward
of the low water mark. This will give approximately 2' of
water under a boat and, i£ a motor is running, it will not
blow holes in the bottom and erode the edge of the ramp.
The ramp should be made out of concrete not asphalt.
Edward Warner stated that the Trustees would take into
consideration the purchase of another· trailer and will
have John Wourgola investigatP. the status of the case
involving Edward Archibald.
William Bennett reported that he has never seen so
much eel grB:ss ar.ound as he has this year. He said there
are actually islands of eel grass in Moriches Bay three to
four feet tall and boat propellers are constantly getting
tangled in the grass.
A newspaper article on mute swans entitled '"Beautiful
Birds Are Blamed for Ugly Problem in Creeks", taken from'
the August 9th issue of The Suffolk Times, was read.
The meeting on motiori was adjourned.

Rezpect ully su.bmitted,

dL ...
L~<?Zl 0-nn "~- ' '
William Bennett, Secre1iif
c:---

-169-
(Continued, August 20, !990, BOARD OF TRUSTEES)

PERMITS ISSUED
PERMIT NO. 5782: is issued to En~Consultants, Inc. agent
for STEPHEN J. PERRICONE, 57 Shore Road, Westhampton, to
renew Permit No. 5521, to construct a 3 1 x 25' catwalk (4'
above grade), 3 1 x 12 1 ramp, 6' x 24' float secured by (2)
811 diameter pilings. Project is located on owner's
property off Moriches Bay, as per application and survey
submitted.
PERMIT NO~ 5783: is issued to En-Consultants, Inc. agent
for Frank SAVINO, Tanners Neck Road, Westhampton, to
stabilize spoil site, approved Permit No. 5706, a 150'
rip-rap revetment will be built at hf.gh water line.
NOTE: The old spoil site must be revegetated. Project is
located on owner's property off Moriches Bay, as per
application and survey submitted.
PERMIT NO: 5784: is issued to J.M.O. Consulting, agent
for DAVID KING, Plumb Grass Way, Westhampton, to construct
4' x 100 1 catwalk (4 1 above grade), 3' x 8 1 hinged ramp,
and a 6' x 20' floating dock. NOTE: Can not take down
any trees, or disturb any bank or vegetation. Project is
located on owner's property off Beaver Dam Creek, as per
application and survey submitted,

P~~~~~~lt~; is issued to Mockridge General


~ ., agent for ADAM YOUNG, 7 Reynolds Drive,
Westhampton, to reconstruct 152 1 timber bulkhead (within
18' 1 ) , backfill with 33 c.y~ of clean sand, construct 5 1 x
140 1 catwalk (4' above grade). The following special
conditions apply to this application:
1. Filt~r cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of distrubed
soils behind the new bulkhead shall be a minimum of
five inches below the finished height of the wall.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted~
PERMIT No~- 5786: is issued to Harbor Marine Construction,
Inc,, agent for ARMAND &MADALENE DIPALMA, 10 Seatuck
Lane, Remsenburg, to reconstruct 75' existing timber
bulkhead (within 18 11 ) , backfill with SO c.y. of clean
sand, construct 10 1 x 75 1 catwalk around bulkheading,
construct 4 1 x 15' ramp, 6' x 18 1 floating dock. The
following special conditions apply to this application:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.

-170-
(CQ11~·jnijed, ,August 20, 1990, BOARD OF TRUSTEES)

2. To hinder siltation, the final grading of distrubed


soils behind the new bulkhead shall be a minimum of
five inches below the finished hei.ght of the wall.
3. Leave existing gravel behind old bulkhead.
4. There must be 1/2" spacing between deck boards to allow
storm water to drain beneath the deck,
Project is located on owner's property off Moriches Bay~
as per application and survey submitted,
PERMIT NO. 5787; is issued to En-Consultants, Inc., agent
for JOHN PILESKI, Penniman Point Road, Quoguel to
construct a 4' x 125 1 catwalk (4 1 above grade , 4' X 14 1
hinged 6' x 16 1 £ dock secured (2) 8"
diamete rpe ial ions

~~~~~~i&~R~egulatlons.
located on owner's property
application and surVey

PERMIT NO: 5788: is issued to En-Consultants, Inc., agent


for VICTORIANNA, INC, (VICTOR &MARIANNA SHULMAN), to
construct LS' x 253 1 catw_alk (4' above gradeL 3
stairways, lZ' x lZ' fixed dock~ Note: There have been
changes in the Trustees' Rules & Regulations~ Refer to
back of Permit: Project is located on .owner's property
of.£ Wildwood- Lake, as per application and sut:vey S1:'bhlitted.
PERMIT No; 5789:. is issued to SeaCoast Quality
Renovations, Inc., agent for MICHAEL LANDES, HuntiDgtqn
Lane, Flanders, to construct 3' x 70' catwalk (4-' above
grade), 3 1 x 12 1 ramp, 4 1 x 12 1 floating dock. Note!
There have been changes in the Trustees' Rules &
Regulations~ Refer to back of Per•it~ Project is located
on owner's property of£ Reeves Bay, Great Peconic Baf, as
per application and survey submi t·ted~

~~~II~~~~4I,,m~i,~s ~issued to WALLY & JOYCE OAKLAND, Dune


B 0
Bays, to move existing bulkhead 85'
cons 285' of new bulkhead~ Construct
4' x 455 1 dock. Dredge approximately 7, 650 ·c. y. to
provide 6' at M.L.W:, and to be disposed of on site.
Construct 6 1 x 8S' center dock: Re-deck existing center
dock 6' x 12Q'~ Install 50 tie-of£ poles. Th~ following
special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the walL
2. To hinder siltation, the final grading of distrubed
soils behind the new bulkhead shall be a minimum of

-171-
(Continued, August 20, 1990, BOARD OF TRUSTEES)

five inches below the finished Geight of the wall.


3. All spoil runoff must be contained during dredging
process.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PEaMIT NO; 5791: is issued to PECONIC MAaiNA, INC., Noyac
Road, Southampton, to maintenance dredge along bulkhead to
remove spoil from Noyac Road Run-Of£, Approximately 20
c.y. Spoil moved to top of yard behind bulkhead. Project
is located on owner's property off Wooley Pond, as per
application and survey submitted,
PERMIT NO~ 5792: is issued to En-Consultants, Inc., agent
for KAMRAN ELGHANAYAN, Wheaton Way, Mecox, to construct a
4' x 145' catwalk (4' above grade). Project is located on
owner's property off Mecox Bay, as per application and
survey submitted~

MOORING PEaMITS APPaOVED:


PERMIT NO: 90-191 is issued to Lou Falcigno, 413B Dune
Road, Westhampton, to place a 50 lbs mushroom and anchor
mooring and buoy for a 10 1 Wave Runner (Reg. No.
NY138SFM), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO: 90-192 is issued to Lou Falcigno, 413B Dune
Road, Westhampton, to place a 50 lbs mushroom and anchor
mooring and buoy for a 10 1 Wave Runner (Reg. No.
NY4016UB), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO~ 90-193 is issued to Warren B. Poulson, 1 Acorn
Path, East Quogue, to place a 75 lbs mushroom and anchor
mooring and buoy and pulley system for a 15 1 Woodson (Reg.
No. NY7226DB), in Red Creek Pond, under the direction of
Bay Constable Ken Malone.

-172-
SEPTEMBER 5, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON WEDNESDAY, SEPTEMBER 5,
1990, AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, William T. Frank, Patrick A~ Heaney
and Deputy Town Attorney John Wourgola.
The mJ.nutes of the regular meeting of August 20, 1990,
were read, amended, and approved 1 as amended.
Edward Warner reported that he followed up on the
complaint by Frank Vukov at the last meeting and spoke to
the new owners of the house on Penny Lane with the illegal
jet ski ramp. He said ·they built the ramp with bulkh~ad

material and attached it to their bulkhead. Mr. Warner


said that he explained to them this was not.allowed in a
residential area and, after another inspection, found they
had indeed removed the ramp.
Roy Haje of En-Consultants, was present to submit his
plans of a 60' access walkway be proposes be built on the
Trustee owned parcel of real property located on Big Fresh
Pond. He said his plans for the ramp going down the bank
to the shoreline was, in his opinion, the least
detrimental to the bank and vegetation.
Wendy Burnell and Joan Abrahms, both Towd Point
residents, were present to add their protest to the

-173·
(Continued, September 5, 1990, BOARD OF TRUSTEES)

building of the Omabegho/Gullo dock. Ms Burnell stated


that Dr. Gullo has enhanced his property in terms of value
by building this dock and, if he has his way in this
matter, the Trustees have then set a precedent and that
anyone can annex a right of way for their own use. Edward
Warner said that false information was given to the
Trustees and they were led to believe that Dr. Gullo
intended to build a dock over an unimproved Trustee road.
John Wourgola said he would discuss the matter with them
and advise them of the current status and asked them to
set up an appointment with his secretary for Friday.
Eleven (11) Applications for permits were received.
Ten (10) Applications for permit were approved.
One (1) Application for permit was held.
Two (2) Pot permits were approved.
A motion was made by Patrick Heaney, seconded by
William Frank and duly carried by a vote of 3-1-0 (Edward
Warner abstained) to approve (3) Fish Trap permits.
CORRESPONDENCE:
To John Bennett, Esq.: Re: Clarification of the
location of the dock at the foot of Hoover Lane. This
letter was requested by the Hampton Point Association at
the last meeting~

Bay Constable Dale Petruska: Report of an i.llegal


ramp in Far Pond: A letter will be sent to Louis Both,
owner of the property, informing him that he has to file
an application for permit for his ramp.
-174-
(Continued, September 5, 1990, BOARD OF TRUSTEES)

Lisa Tettelbach, NYSDEC. to Senior Bay Constable John


Ander·sen: Copy of revised sampling protocol to be used
for reference purposes by staff members who are assisting
the DEC with routine water sampling. Copies were given to
each Bay Constable.
Group for the South Fork: Invitation to 11
Celebrate
Our Land 11 , event on Saturday, September 15. No Trustees
will attend.
Frank Erra, President of the Romana. Drive
Association: Letter regarding removal of the brush jetty
at the entrance to their cove. Matter is being handled by
Trustee Patrick Heaney.
NYSDBC: Invitation to DEC Law Enforcement Picnic
being held Saturday, September 15: No Trustees will
attend.
United States Coast Guard: Minutes of the meeting
held on August 9th for all maritime law enforcement and
regulatory agencies based on the south shore and east end·
of Long Island. The purpose of the meeting was to discuss
law enforcement problems and how each might assist one
another in keeping the waters of Long Island safer.
Southampton Town Senior Bay Constable John Andersen
attended the informative meeting.
Long Island Univer·sity: Invitation to Symposium on
The Politics and EconOmics of Environmental Control on
Long Island being held Friday, September 14.

-17 s-
(Continued, September S, 1990, BOARD OF TRUSTEES)

Bruce Anderson, Environmentalist: Report on fishkill


occurring in Mill Pond.
Dwight Lawton, Pape Chevrolet: Letter regarding
problem with trade~in vehicle. John Wourgola will reply.
William Swan, Coastal Aquaculture, Inc,: Follow-up
letter, with attachment letter from Dr. Schubel of the
Marine Science Research Center, regardJ.ng the Cooperative
Agreement he sent in for the Trustees review. John
Wourgola is currently reviewing the agreement and will be
given a copy of Dr~ Schubel's letter.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by
William Frank, and duly carried to pay for the following
out of the Trustees' Special Account:
L Carol O' Gar a Office Help $591. so
2. Pine Barrens Printing Typesetting $210.00
3. Raynor &Marcks Building Plans $ 35. 40
z. Supt. of Documents Federal Manual $ 7.50
Patrick Heaney reported that while he was at Romana
Drive Cove with Bruce Anderson and Tom Samuels discussing
alternative m,ethods for maintenance dredging the mouth of
the cove, they were startled by a sudden surge of water
being discharged from a PCV pipe that extended through the
bulknead of William Horvath's property. Upon
investigation it turned out to be chlorinated pool water
and Mr. Heaney said he immediately told Mr. Horvath to

-176-
(Continued, September 5, 1990, BOARD OF TRUSTEES)

have the Tortorella pool service personnel that were


working there stop the illegal discharge that was going
into Shinnecock Bay. A criminal summons was issued
against the homeowners by Bay Constable Ted Sadleir. Mr.
Heaney said he recommended the following to the courts (1)
a first offense· fine of $350.00 be levied (2) removal of
the PCV pipe from the bulkhead and (3) installation of a
dry well for the pool discharge.
Patrick Heaney said he received a call from Fred Spier
of the Bast Quogue Pinesfield Association telling him that
Carter Creek is shoaling across again and asking the
procedure to follow for obtaining a permH to dredge the
inside of the mouth of the creek. Mr. Heaney said he will
send them a letter informing them of the status of their
permits and ask that they submit a formal request to the
Board for maintenance dredging. Mr. Heaney said the spoil
site would have to be changed to a new upland location.
William Bennett reported that Bay Constable Ted
Sadleir issued a summons to Irving Elias for an illegal
oversized dock in Apaucuck Cove: He went on to say that he
feels the contractor, Ron Barnish of South Shore Docks,
should also be issued a summons for failing to conform to
the dotk dimensions stipulated in the Trustee permit
issued to Mr: Elias:
A motion was made by William Bennett, seconded by
Patrick Heaney, and duly carried to place the

-177-
(Continued, September 5, 1990, BOARD OF TRUSTEES)

recommendations from the Road Review Committee regarding


the applications of Dr. Vincent and Mary Lynne Caruso (SC
Tax Map No. 47-1-25.5) property shown as Lot 4 on the
Minor Subdivision Map No. 20Z of G. Harold Williams and
Maurice Cunningham (SC Tax Map No. 055-4-6) property
located on the n/s of Northwest Path, approximately 500 1
east of S~gg Road, North of Sagaponack, on hold.
The following Bay Constable report was read: I spoke
to Mr. Harry Carr regarding navigational aids in Smith's
Creek. He was satisfied with my answers to his
complaint. No need for more buoys or whips.
A bill is being sent to Edward Burke, Attorney, who is
representing a Patrick J. McElroy regarding damage done to
a light and pole at Wooley Pond on August 18, 1990.
Replacement costs as follows: new plug & wire ($26.50),
repair to pole which was sawed partway through ($20.00), 3
hours labor for 2 maintenance men ($50.80) for a grand
total of $97~30~ Check to be made payable to Southampton
Town as funds come from budget.
Spoke to Bill Yawney regarding new 3/4 ton pickup that
was put out to bid for 1990~ Ford is not making them
anymore, so bid is cancelled. We will put a wood bed on
the old truck and use it for another year or two, if
that's okay with Trustees~

I would like to send Bay Constable Ted Sadleir to an


Environmental Crime Conference being held in Hauppauge by

-178-
(Continued, September S, 1990, BOARD OF TRUSTEES)

the Suffolk County Police Department and Suffolk County


Health Department on October 10 and 11. The cost is
$40.00 per person.. Maybe a Trustee would like to attend
also.
I would like to replace a section of the floating dock
at Old Fort Pond by the ramp as one of the sections we
received from Peconic Marina is in bad shape. The 20 1
section would be replaced over the winter.
The trailer used for M/3 needs a new heavy duty brake
actuator. Local prices for this part run around $250.00.
I would like to order thJ.s::' same part through Northern for
$69.99 plus $8.56 shipping, for a total price of $78.55.
A letter should be sent to Conscience Point Marina
regarding revolking the 10 launchings of boats on
Conscience Point ramp which was put into Trustees permit
No. 5131 issued to them May 16, 1988 as we now have a Ramp
Ordinance. I spoke to Vincent O'Connor, who is the
attorney for the marina, and advised him to get a permit
for the use of the Town ramps. He said he would comply,
however, I checked the records as of August 31, 1990 and
no permit has been issued.
A motion was made by William Frank, seconded by
William Bennett and duly carried to pay $80.00 from the
Trustees' Special Account in order to send Bay Constable
Ted Sadleir and Trustee Patrick Heaney to the
Environmental Crime Conference.

-179-
(Continued, September 5, 1990, BOARD OF TRUSTEES)

A motion was made by Edward Warner, seconded by


William Frank and duly carried to pay $78.55 from the
Trustees' Special Account to order ~ new brake actuator
from Northern.
A motion was made by Edward Warner, seconded by
Patrick Heaney and duly carried authorizing S~nior Bay
• Constable John Andersen to have the floating dock at Old
Fort Pond repaired. A letter will be sent to John
Andersen.
A letter will be sent to Vincent O'Connor, attorney
for the Conscience Point Marina, reminding him of the new
Ramp Ordinance and that the marina must obtain a
Commercial ramp permit.
Edward Warner reported that last fall 50,000 baby
scallops were purchased from Fishers Island Hatchery and
placed in Sag Harbor, Noyac Creek, North Sea, West Neck,
Cold Spring and Red Creek. At the same time, 10,000 baby
scallops donated by the Group for the South Fork were
placed in Shinnecock Bay. He went on to say that there
was no doubt in his mind that the seed scallops taken from
Cold Spring recently came from those same baby scallops
that grew and spawned.
Edward Warner also reported that Maritime Records
Clerk, Tina Van Zile, would be off the first two weeks in
October for her wedding and honeymoon.

-180-
(Continued, September S, 1990, BOARD OF TRUSTEES)

William Frank reported that both Sagg and Mecox were


opened on September 4th. However, nature closed the cut
at Mecox that evening and it had to be reopened again on
September Sth.
William Frank went on to say that Bay Constable Chris
Kohnken could not serve the Genet Creek Association with a
summons b~cause he could not locate any officers
William Frank requested that a letter be written to
William Masterson, Highway Department, thanking them for
their help in putting up barriers at Circle Beach in Noyac.
The meeting on motion was adjourned.

Respect ully submitted·,

ecretary

PERMITS ISSUED
PERMIT NO~ 5793: is issued to En~Consultants, Inc., agent
for LOUISE CICHlBLO, 364 Dune Road, Westhampton, to
construct 4' x 285' fixed catwalk (4' above grade)\ 4' x
14' hinged ramp~ (2) 6' x 16' floats secured by (3 8"
diameter pilings. Supersedes prior application for walk
only. Project is located on owner's property off Moriches
Bay, as per application and survey submitted.
PERMIT NO~ 5794: is issued to J.M.O. Consulting, agent
for DAVID KING, Fiddler Crab Trail, Westhampton, to
construct 4' x 40' catwalk* (4' above grade), 3' x 6 1 ramp
and 6' x 20' floating dock. *Special condition: Catwalk
to Qe confi urated to o arouna an trees over 411 In
1ameter. ProJect s locate on owner s property o f
Beaverdam Creek, as per application and survey submitted.

-181-
(Continuad, September 5, 1990, BOARD OF TRUSTEES)

PERMIT NO~ 5795: is issued to J.M.O. Consulting, agant


for ROBERT FisHER, 394 Dune Road, Westhampton Beach, to
construct 4 1 x 100'~ catwalk (4' above grada , 4' x 12'
and 6' x 20 1 floating dock. * from

PERMIT NO; 5796: is issued to GILBERT YERDEN, 42 Club


Lana, Remsenburg, to re-surface 173' of existing
bulkhead. Project is locatad on owner's property off Dug
Canal off Moriches Bay, as per application and survey
submitted;
PERMIT NO: 5797: is issued to Mockridge General
Contract1ng, Inc., agent for BERNARD FABRIZIO, 612 Dune
Road, Westhampton, to construct 2 sets of 4 steps (10" x
30 11 ) , 1 sat of 9 steps (10 11 x 30u), and a platform of 4 1 x
4'. Project is located on owner's property of£ Moriches
Bay, as per application and survey submitted.
PERMIT NO~ 5798: is issued to Michael Sylvester, agent
for DENNIS 0 1 CONNELL, 25 Marlin Road, East Quogue, to
resheath 75' of bulkhead. The following special
conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of distrubed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off dug canal off
Shinnecock Bay, as per application and survey submitted.
Note: There have been changes in tbe Trustees' Rules ~
Regulations. Refer to back of Per•it~
PBRMIT NO~ 5799: is issued to Quogue Dock Builders, agent
for ANTONIO & GELSOMILA LOFARO. Little Pina Lane, East
Quogue. to build 106 1 of navy style bulkhead. The
following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall~
2~ To hinder siltation, the final grading of distrubed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Project is located on owner's property off Daves Creek,
Shinnecock Bay, as per application and survey submitted.
Note: There have been changes in the Trustees' Rules &
Regulations~ Refer to back of Permit~

-182-
(Continued, September S, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5800: is issued to Land Use Company; agent for


QUANQUATUCK CORPORATION, Aesops Neck Lane, Quogue, to
construct 4' x 205' catwalk (4' above grade), 3' x 10'
ramp, 6 1 x 20 1 floating dock secured by (2). 8" pilings.
Projett is located on owner's property off Scudding Creek,
Quantuck Bay, as per application and survey submitted.
Note: There have been changes in the Trustees' Rules '
Regulations. Refer to back of Permit.
~~~~~~~".• is issued to RONALD ARCATE, 20 Penny
, to obtain a permi.t for pre-existing
dock 4 1 x 12 1 gangplank, 8 1 x 16 1 floa'ting dock secured by
2 poles. Project is located on owner's property off·
Shinnecock Bay, as per application and survey submitted.
Note: There have been changes in the Trustees' Rules &
Regulations~ Refer to back of Permit:
PERMIT NO; 580~: is issued to GLORIA ORBAN, 4 Beatrice
Dr1ve, Hampton Bays, to renew Permit No. 5584, to dr~dge
approx. SO yds on Waterside o£ property (wj.th no return to
waterway), for a period of one year. Project is lotated
on owner's property off Wells Creek, Shinnecock Bay, as
per application and survey submitted. Note: There have
been changes in the Trustees' Rules ~ Regulations~- Refer
to back of Permit~

APPLICATION FOR PERMIT HELD:


An application for LAWRENCE HUKE~ Huntington Lane,
Flanders, to amend Permit No. 5768 to include (Z) tie-of£
poles 15' of£ the corners of the floating dock "T" J.s
being held pending inspection of site in Reeves Bay.

-183-
SEPTEMBER 17, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, SEPTEMBER 17, 1990,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W~ Parash, William T. ·Frank and
Patrick A. Heaney.
The minutes of the regular meeting of September 5,
1990, were read, amended, and approved as amended.
Edward Warner reported that he spoke to Vincent
O'Connor, attorney for the Conscience Point Marina, and he
confirmed the fact that they do indeed launch boats from .,
'
'

the Conscience Point Town ramp. Mr. Warner said he


explained to Mr. O'Connor that due to the Town's new Ramp
Ordinance the marina is required to have a Town of
Southampton Commerical Ramp Permit. In order to
straighten out this matter, he asked Mr. O'Connor to get
in touch with Senior Bay Constable John Andersen.
Henry Appel was present to discuss the problem he is
having with jet . skiers in Phillips Creek. He said he
lives on the east side of the creek and, at present, the
only S MPH speed limit warning sign in place is 500 ft.
south of where the creek starts to narrow. He said fast
boats pulling waterskiers and jet skiers have 'been
speeding inside the creek where they are not supposed to

-185-
(Continued, September 17, 1990, BOARD OF TRUSTEES)
go over 5 MPH. He suggested another sign be placed north
of the present speed limit sign reading "No Waterskiing/No
Jet Skiing 11 • Ed Warner said that a sign could be put up
however a jet ski is considered a vessel .and, as such, we
cannot prevent them from entering Phillips Creek. What
the Trustees can do is address t'he issue of waterskiing
and the wake left by the boat. Mr. Warner went on to say
that it is too late to do anything this year· but next
Spring a sign stating "NO WATERSKIING BEYOND THIS POINT"
will be placed at the mouth of the creek~ To address the
issue of the speeding jet ski, the Trustees will lrave a
Bay Constable speak to the owner of the jet ski, Mr.
Burns, who lives one house north of Mr. AppeL Mr. Appel
says he kept track of the time Mr. Burns uses his jet ski
and it is usually around 6:00 p.m. after the Bay
Constables go off duty and he has also taken pictures of
him speeding in the creek. A letter will be sent to
Senior Bay Constable John Andersen asking him to make up
the sign over the winter months and to have a Bay
Constable go talk to Mr~ Burns.
Noyac Harbor Association members Bel trany Setteducati,
Ken Anchutz, Dub Button, Glenn Allen and Louis Schmutz
were present to discuss the dredging of Noyac Creek inlet
and to try and convince the Board to dredge all the way in
east, of Cedar Point Lane. William Bennett told them that
the Trustees do not have the funds for dredging. He said
that the Trustees' dredging fund has approximately $15,000
(Continued, September 17, 1990 1 BOARD Of TRUSTEES)

and, from that fund, the Trustees had pay to open Mecox 12
tlmes last year. He said that the County does the
dredging using a mud cat and they just finished dredging
Fresh Pond and Red Creek. William Frank said that both

Mill Creek and Noyac Creek are on the priority list for
dredging. Edward War.ner told them they should go back and
speak to Legislator Fred Thiele and, also, to· have their
association members send individual letters· to him
requestin~ that the County dredge the inlet. Edward
Warner went on to say that the Trustees would not be
opposed to the dredging since the area from the mouth of
the inlet to Cedar Point bas been dredged before. As they
were leaving, Bill Button asked Mr. Warner to thank the
Trustees' maintenance men for them and said they did a
good job marking out the shallow spots in the inlet.
At 2:00 p:m. bids were opened for the construction of
a new storage building at Jackson Avenue, Hampton Bays.
The only bid received was as follows:
H. Douglas Carlsent Contractor $29,800.00
p;o; Box S4S
Eastport, New York 11941
A motion was made by William Frank, seconded by Paul
Parash and duly carried to accept Mr. Carlsen's bid
subject to council's approval.
A motion was made by Paul Parash, seconded by William
Frank and duly carried to accept the plans submitted by
Roy Haje of En-Consultants to construct a 60' public

·187·
(Continued, September 17, 1990, BOARD OF TRUSTEES)
access walkway to the waters of Big Fresh Pond on Trustee
owned real 'property. Mr. Haje was told to get the proper
permi.ts needed for this project.
Nine (9) applications for permits· were received.
Eight (8) applications for permit were approved.
One (1) application for permit was held.
Three (3) Mooring permits were approved.
CORRESPONDENCE:

Piete~ VanValkenburgh, NYSDEC, to Supervis·or George


Stavropoulos, cc: Trustees, Letter asking for a list of
uncertified shellfish harvest areas that will be examined
to determine their suitability for 11
conditional
shellfishing programs" during the 1990-1991 conditional
harvest season. A letter was written to Pieter.
VanValkenburgh, with a copy to Supervisor Stavropoulos,
confirming the verbal conversation Edward Warner had with
Chris LaPorta of the DEC in which he named Reeves Bay,
Goose Creek, Mill Creek and Birch Creek for conditional
areas in Flanders Bay.
John Wourgola, Deputy Town Attorney, to Mr. & Mrs.

Wally Oakland, cc: Trustees, Letter i.nvalidating Trustee


Fermi t No; S790 issued August 20, 1990, to Wally & Joyce
Oakland until the applicants have received site plan
approval from the Planning Board for their marina proposal
for the old Callahan facility· on Dune Road at Road H,
Hampton Bays.
Bruce Anderson, Letter received from the Department

·188·
(Continued, September )7, 1990, BOARO OF TRUSTEES}
of State for a project involving Trustee jurisdiction re:
applicant Frank Savino.
Keith Kammerer, Deputy Town Attorney, Letter re:
Lobster Inn litagation wlth copy of the Stipulation that
was filed with the Court on the return date of September
5, 1990.
Incorporated Village of Westhampton Beach, Joseph
Seebode, U.S. Army Corps of Engineers, cc: Trustees, Re:
application filed for Steven Stark.
Ida Pecorini, Letter re: Gullo/Omabegho dock. John
Wourgola will reply.
Carol Calhoun, Letter re: Gullo/Omabegho dock. A
letter will be sent advising Ms. Calhoun that Deputy Town
Attorney John Wourgola is away on vacation and the Board
of Trustees would not make a decision regarding this
matter until he returns.
Martin Gilmartin, Attorney for Dr. Gullo and Dr.
Omabegho, Letter re: Gullo/Omabegho dock. John Wourgola
will reply.
Other correspondence not read was noted.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pay for the following
bills out of Trustees' Special Account:
1. Carol 0 1 Gar a office worker $760.50
William Frank reported that another letter was sent to
the Genet Creek Association, this time to the attention of
Dr. Arne Skilbred, requesting that they submit an

·189·
(Continued, September 17, 1990, BOARD OF TRUSTEES)
application within 30 days for the docks they replaced
without first obtaining a permit from the Trustees.
William Frank also reported that both Mecox and Sagg
are closed.
William Frank went on to say that he attended a civic
council meeting in Noyac during which concern was voiced
about speeding boats in Mill Creek channel. This matter
was discussed by the Board members and it was decided to
have sign~ reading "SPEED CHECKED BY RADAR" placed on top
of the S MPH speed limit signs on the inner and outer red
buoys of the channel next Spring. He was also asked why
there were no patrol boats around to enforce the water
laws at the east end of the Township. A letter will be
sent to Senior Bay Constable John Andersen.
Edward Warner read the following Bay Constable
report: The bulkhead at the National Golf Links o£
America on Sebonac Inlet Road by the channel has been in a
deteriorated state for quite awhile. I think the Board
should look at this_, as pieces have fallen into the
channel in the past~ The section by the road is now
undermined and wi 11 end up in town waters. Under the
Trustees Rules and Regulations, Article 5~ Section 6,
Paragraph C, requires owners to maintain same.
I would like to meet the Board regarding a letter to
Suffolk County Parks Commissioner on the launching of
boats on the east side of the Shinnecock Inlet Park.
I have obtained three prices on the new trailer as

-190-
(Continued, Septenber 17, 1990, BOARD OF TRUSTEES)

requested, to replace the 15 year old one which is


unrepairable: Raynor and Mitchell, 3500 lb. all
galvanized ~ $1,625.00; Sherry and Joe Corr's Best Boat
Works, 3500 lb. all galvanized - $1,970.00 and Spellman's
Marine, 3500 lb. all galvanized • $1,704.00.
The powerwinch for. use on all trailers: the prices I
received from local shops range from $350.00 to $375.00
for a Model 1912: In Shanes Marine Supply, the 'price was
$279.95. I would like permission to purchase the one from
Shanes.
The maintenance men have been repairing and checking
over all the trailers. A complete set of brakes and
hydraulic lines were installed on the trailer for M/3.
On Friday, October 12th, the seed clams will be
removed from the clam racks. Any help from the Trustees
would be greatly appreciated,
I called The Clam Farm on Fishers Island and have not
heard from them as yet. As soon as they call,
arrangements will be made to pick up the 50,000 bug
scallops by boat and have them planted in Town waters.
On Saturday night I spoke·to Steve Malinowski from The
Clam Farm in regards to the scallops. He recommends we
pick up the scallops sometime in middle to late October as
the size he has now are only 20mm and the order is for
30mm. Also he has approximately 200,000 extra. He is
asking $35.00 per thousand for ZOmm and $50.00 per
thousand for 30mm. If you want to purchase any, lets wait

-191-
(Continued, September 17, 1990, BOARD OF TRUSTEES)
and see if I can ·get the price down in middle October.
A motion was made by Paul Parash, seconded by William
Frank and duly carried to pay $1,625.00 from the Trustees'
Special Account to purchase a 3500 lb all galvanized
trailer from Raynor and Mitchell. A letter will be sent
to John Andersen.
A motion was made· by William Bennett, seconded by
Patrict Heaney and duly carried to pay $279.95 ·from the
Trustees 1 Special Account to purcha·se a new powerwinch
Model 1912 from Shanes Marine Supply. A letter will be
serit to John Andersen.
The tax maps will be checked to determine the owner of
the bulkhead at the National Golf Links of America on
Sebonac Inlet Road and a full board inspection will be
scheduled~

A letter W'ill be written to Supervisor George


StavroPoulos inviting him to help remove the· seed .. clams
from the clam racks on October 12
The meeting Oh motion was adjourned.

Respectfully submitted,

,~· ~??4?
ftl~f, Secretary

PERMITS ISSUED

P1m.MIT NO~ 5803~ is issued to En .. Consultants, Inc., agent


for ROBERT LEEDS, Tuthi 11 Lane, Remsenburg,
900-380-3 .. 65~4, to construct 187 1.£. and 20' return on

·192·
(Continued, September 17, 1990, BOARD OF TRUSTEES)

e/s rock rip-rap and backfill with 475 c.y. of clean sand
to be trucked in. Construct a 10' x 14' inclined wooden
ramp over rip-rap for owners sunfish sailboat. NOTE:
Clean sand is to be used only - NO LOAM. The following
Special Conditions apply:
1. To hinder siltation, the final grading of disturbed
soils behind the new rip-rap shall be a minimum of six
inches below the finisped height of the wall.
2. Filter cloth backing is to be installed on the inside
of the new rip-rap to prevent sedimentation through the
wall.
3. Stairs must be installed on both sides of the wooden
ramp for pass and re-pass purposes (at the southerly
base of stone line). '
Project is located on owner's property off Moriches Bay,
as per ap~lication and survey submitted.
PERMIT NO: 5804: is issued to En-Consultants, Inc., agent
for LAWRENCE HUKE, Huntington Lane, Flanders,
900-146-1-14.6, to construct two (2) tie-of£ poles 15 1 off
11 11 11 11
the corners of the T ( T dock as approved Permi. t No.
5768). Project is located on owner 1 s property off Reeves
Bay, as per application and survey submitted. NOTE:
There have been changes in the Trustees' Rules &
Regulations~ Refer to back of Permit:
PERMIT NO~ 5805: is issued to En-Consultants, Inc., agent
for ED & JANicE GERMANO, 93 Dune Road, Quogue, 900-15-1-2,
to construct 4' x 20' step-down platform~ Project i.s
located on owner's property off Quogue Canal, as per
application and survey submitted. NOTE: There have been
changes in the Trustees' Rules & Regulations~ Refer to
baclr. of Per• it;
PERMIT NO; 5806: ls issued to JOHN WEICKERT, 38 Dolphin
Road, Bast Quogue, 900-384-1 ... 25, to dredge area approx.
75' x 10' to a depth o£ 4' below the plane of MLW.
Project is located on owner's property off dug canal off
Shinnecock Bay, as per application and survey submitted.
NOTE: There have been changes in the Trustees' Rules &
Regulations: Refer to back of Perait:
PERMIT NO; 5807: is issued to Bn ... Consultants, Inc., agent
for ANTHONY PIRRAGLIA ~ ROBERT ROVEGNO, 60 Middle Pond
Roadt Southampton, 900-234~3-12, to remove and replace 122
1:£ of existing bulkhead facing canal in same location and
configuration~ Dredge up to 10' off Bulkhead to maximum
depth of 4' below MLW; Replace (within 18") 14Z l.f. of
existing bulkhead facing Middle Pond~ Backfill 15 c.y. of
clean sand to be trucked in from upland source. The
following Special Conditions apply:
L Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.

-193-
(Continued, September 17, 1990, BOARO OF TRUSTEES)
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
Height of bulkheads must be same height.
3. No dredging beyond Southeast corner of bulkhead, or in
Middle Pond.
4. Clean sand only will be used for backfill. Dredged
spoil will not be used for backfill.
S. Trustee Edward Warner must be notified prior to
commencing any dredging.
Project is loca.ted on owner's property off dug canal and
Middle Pond, as per application and survey submitted.
PERMIT NO; 5808:is issued to WILLIAM & ANTOINETTE
IMPERIALE, 92 Little Neck Road, SoUthampton,
900-272m2-SO.l, to replace (within 18 11 } 180 1 of existing
bulkhead The following Special Conditions apply:
1. Filter' cloth backing is to be installed on the inside
of the new bulkh-eading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3 Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted~ No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on .owner's property off Old Fort Pond,
as per application and survey submitted.
PERMIT NO; 5.09: is issued to WALTER KUETTNER, 57 Cold
Spr1ng Road, Southampton, 900-155-1-56, to construct 4' x
75' catwalk around bulkhead. Re£ace 125 line;ar feet of
existing bulkhead~ Project is located on owner's property
off Cold Spring Pond, as per application and survey
submitted.
PERMIT NO; 5810: is issued to En-Consultants, Inc., agent
for JAVIER MORA, Jesse Halsey Lane, Sag Harbor,
900-004-3-9, to construct a 4' x 10' angled ramp; 4' x 15 1
catwalk. (4 1 above grade); 2~5' x 14 1 angled ramp; 6 1 x 16'
floating dock secured by (2) 811 .diameter pilings. NOTE:
Floating docks shall be removed in winter months. Project
is located on owner.' s property off Dug Lagoon off Upper
Sag Harbor Cove, as per application and surv~y submitted.

APPLICATIONS FOR PERMITS HELD

An application for Joseph Frederick Gazza, 3 Ogden


Lane, Quogue, to renew Permit No~ 5552 has been placed on
hold until the next meeting as a courtesy to the
Incorporated Village of Quogue while they rev-iew his
application £or permit filed with them~

-194-
(Continued, September 17, !990, BOARD OF TRUSTEES}
MOORING PERMITS APPROVED:

PERMIT NO. 90-194 is issued to Joe Beehan, Brick Kiln


Road, Bridgehampton, to place a 50 lbs. mushroom and
anchor mooring and buoy for a 13.8' Boston Whaler (Reg.
No. NY3153DJ), in Paynes Creek, under the direction of Bay
Constable Chris Kohnken
PERMIT NO~ 90·195 is issued to Chris Zaloga & Mike
Figliolia, 16 Guilfoyle Road, Southampton, to place a 150
lbs. nmshroom and anchor mooring and buoy for a 22 1 Sloop
(Reg. No. NY6833BG), in North Sea Harbor, 'under the
direction of Bay Constable Chris Kohnken
PERMIT NO. 90-196 is issued to Joseph & Sandra ·Migliore,
203 Right of Way, Noyac, Sag Harbor, to place a 75
(minimum) lbs~ mushroom and anchor mooring and buoy for a
14' MFG {Reg. No; NYZ889DJ), in Mill Creek, under the
direction of Bay Constable Chris Kohnken

-195-
-···-····~··-~·-··-.··~·~···~··-

OCTOBER 1, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N, Y. WAS HELD AT TOWN HALL ON MONDAY, OCTOBER 1, 1990,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett,_ Paul W. Parash, William T. Frank,
Patrick ~. Heaney, and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of September 17,
1990, were read, amended, and approved as amended.
Edward Warner reported that upon recommendation of
council, the bid submitted for the construction of a new
storage building at Jackson Avenue, Hampton Bays, was
rejected and that notice will be published again for rebid.
Fifteen (15) Applications for permit were received.
Fourteen (14) Applications for permit were approved.
One (l) Application for permit was held.
One (1) Mooring permit was approved.
A motion was made by William Frank, seconded by
Patrick Heaney and duly carried to adopt the following
resolution:
WHEREAS, the County of Suffolk has traditionally
dredged many creeks in the Town of Southampton and
throughout the East End ge~erally, and
WHEREAS, this dredging is essential to the

preservation of our East End waters, in that absent this


dredging, many creeks would likely become inaccessible, and

-196-
(Continued, October !, !990, BOARD OF TRUSTEES)

WHEREAS, the lack of dredging would adversely affect


our economy on the East End due to the adverse effect on
tourism, and additionally would cause a threat to public
safety and navigation, and
WHEREAS, the County Executive has proposed to
eliminate the funds for continued dredging from the 1991
County budget, and
WHEREAS, the Town Trustees, as guardians of ·our local
waterways, are strenuously opposed to this budget cut and
are seeking the support of the Town Board in voicing their
opposition to the proposed budget cut,
NOW, THEREFORE, BE IT RESOLVED, that the Town Trustees
hereby request the Town Board to adopt a resolution
supporting the Trustees• position in opposing the 1991
budget cut for dredging.
A copy of the resolution will be forwarded to the Town
Board and to Legislators Fred W. Thiele, Jr. (16th L.D.)
and Michael J. Caracciolo (1st L.D.)
CORRESPONDENCE:
The following article taken from the Long Island
Marine District Report entitled "Winter Flounder" was
read: There has been a substantial decline in winter
flounder commercial and recreational landings from New
York State waters. The decline is not restricted to New
York; serious declines in winter flounder landings have
been reported up and down the Atlantic Coast. A DP.W

Johnson-Trunzo law increases the minimum size limit for


the recreational taking of winter flounder from the

-197-
\Continued, October 1, 1990, BOARD OF TRUSTEES)

current minimum size of 8 inches to 9 inches by January 1,


1991 and subsequently to 10 inches by January 1, 199Z.
During the same time frame, the minimum size limit for the
commercial harvest of winter flounder will be increased
from 8 inches to 10 inches and finally • increased to 11
inches in 1992.. Increasing the minimum size limit will
help to ensure winter flounder stocks remain viable by

allowing more fish to spawn and contribute to the


population before they are harvested.
Robert Thurber, Sr; Environmental Analyst, NYSDEC to
James Walker of Inter-Science Research Association, cc:
Trustees, re: the dredging of the inlet from Hayground
Cove to Mecox Bay. The NYSDEC is opposed to the dredging
of the inlet on the basis that (1) maintenance of the
channel would be necessary, causing routine disturbance to
the marine resource and have potential effect on shoreline
configurations and locations, (2) New dredging has the
potential for further cumulative impacts and growth
inducement with people's expectations for bigger boats,
deeper, longer, wider channels, etc. The DEC recommends
leaving Hayground Cove and its inlet as is.
Lisa Tettelbach, NYSDEC to Trustees, re: Notification
of seasonal shellfishing closures in areas within and
adjacent to marinas in the Town of Southampton,
specifically, Lobster Inn Boat Basin in Cold Spring Pond
and Best Boat Works, Southampton Yacht Club and "Club on
the Bay 11 condominiums in Old Fort Pond. Also, the
year-round closure of the Commercial Fishing Dock at
Shinnecock Inlet.
(Continued, October 1 1 1990, BOARD Of TRUSTEES)
Elbert W. Robinson, Jr. to Deputy Town Attorney John
Wourgola, cc: Trustees, re: Letter to clarify and correct
any misunderstanding regarding the proposed marina
proposal of Wally & Joyce Oakland for the old Callahan
facility on Dune Road at Road H, Hampton Bays.
Long Island Region of NYS Office of Parks, Recreation
and Historic Preservation, cc: Trustees, re: letter
regarding drifter bottle studies. The City of· New York
has requested the cooperation of municipalities and
communi ties on Long Island to maximize the recovery rate
of these bottles being released from CSO sources,
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by
William Frank, and duly carried to pay for the following
out of the Trustee's Special Account:
1. Raynor-Mitchel! Marine Boat Trailer $1,625.00
2. Carol 0 1 Gara Office Help $845.00
3. Pine Barrens Printing 1,000 Booklets $637.80
4. Peerless Marine Barge repairs $Z9l.l 5
William Bennett reported that he noticed a swimming
pool discharge line leading into the Bay coming from a
house located at the end of Dover Avenue, which is the
road behind the North Sea Fire Department sub-station.
Paul Parash said he would send a Bay Constable to inspect
the property and issue a summons. He said the owners must
install a drywell large enough to contain the excess
chlorinated water from the pool.
Paul Parash also reported that he attempted to inspect

-199-
~ont\nued, October 1, 1990, BOARD OF TRUSTEES)
the deteriorated bulkhead at the National Golf Links of
America but went to the wrong place. He said that he then
spoke to Senior Bay Constable John Andersen and Was given
the exact location of the deterioration and will inspect
the site before the next meeting. He also said he intends
to talk to Randall Herring, the golf club manager,
regarding repairs of the bulkhead.
Paul Par ash went on to say that he has· received
numerous complaints Tegarding the walkway bull t by Ahmet
Ertegun from his property to his floating dock in Taylor's
Creek. The walkway is blocking the right of way on the
beach and a letter will be written to Mr. Brtegun
in£orming him that he has to install ·stairs on either side
of his walkway for public pass and repass purposes.
The following Bay Constable report was read: The
maintenance men removed the old floa·ting docks, which were
used on the clam racks, to the burn area o£ the Hampton
Bays Fire Department instead of paying for disposal. Ed
Warner made the arrangements. Just a reminder that the
seed clams will be removed from the racks on Friday,
October 12th. All hands to meet at the East Quogue dock
at 8:00 A.M.
The meeting on motion was adjourned.

Respectfully 'submitted,

William H. Bennett. Secretary


-200-
(Continued, October 1, 1990, BOARD OF THUSTEES)

PERM ITS ISSUED:


PERMIT NO, 5811: is issued to En-Consultants, Inc., agent
for THOMAS DeLUCA, 71 Romana Drive, Hampton Bays, to
replace (wlthin 18") 100 1.£. of timber bulkhead and
dredge an area up to 10 1 off bulkhead to maximum depth of
4' below MLW. Maximum of 10 c.y. of spoil will be removed.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the ijall.
3. Clean sand or gravel only will be used for backfill,
Dredged spoil will not be used for backfill. No
organi~ top soils are to be placed along the inside of
the new bulkhead.
4. Dredged spoil will be trucked to suitable spoil site.
Project is located on owner's property off Romana Canal,
as per application and survey submitted.
PERMIT No: 5812: is issued to En-Consultants, Inc., agent
for LOUISE CICHIELO, 364 Dune Road, Westhampton Beach, to
construct an additional 15' of catwalk~ The overall
length of the catwalk (as approved Permit No. 5793) to be
300 1 • Project is located on owner's property off Moriches
Bay, as per application and survey submitted.
PERMIT NO: 5813: is issued to En-Consultants, Inc:, agent
for WARREN GREGORY, Stone Lane, Quogue, to construct a
timber dock extending from an existing cottage and deck
and consisting of a 4 1 x 80' fixed, elevated ( 4" above
grade of marsh} walk; 3.5 1 x 12' hinged ramp; 6 1 x 20 1
float secured by (2) 8 11 diameter pilings.
The following special conditions apply:
1. Dimensions for the float shall be 6' x 20' not the 8'
width stated in application for permit.
Project is located on owner's property off Stone Creek, as
per application and survey submitted:
PERMIT NO~ 5814:: is issued to En-Consultants, Inc., agent
for E., M. 1 R., and P. DANA, Jessup Lane, Westhampton
Beach, to remove and replace (in same location and
configuration) 150 LL of timber bulkhead except for the
addition of a 6' x 4' stepdown box~ Dredge up to 10' off
bulkhead to maximum depth of 4' below MLW: Maximum of 10
c. y. of spo i1 wi 11 be removed. Construct a 4' x 8 1 fixed
platform off bulkhead; (2) 3' x l2' hinged ramps;(Z) 6' x
30 1 floats.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bu1kheading to prevent sedimentation through
the walL

-zol-
(Continued, October 1, 1990, BOARD OF TRUSTEES)

2. To hinder siltation, the final grading of disturbed


soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will not be used £or backfill. No
organic top soils are to be placed along the inside of
the new bulkhead~
4. Dredged spoil will be trucked to suitable spoil site.
Project is located· on owner's property off Dug Canal off
Moriches Bay, as per application and survey submitted.
PERMIT NO~ 5815: is issued to En-Consultants, Inc.,. agent
for JAcK REBMAN, Dune Road, Hampton Bays, to replace
(within 18 11 ) 102 Lf. of timber bulkhead. Approximately
10 c.y~ of clean sand will be trucked in for backfill.
Construct a timber dock consisting ·of a 4 1 x 75 1 fixed
elevated catwalk; 3' x 12' hinged ramp; 6 1 x 20 1 float
secured by (2) 8 1 diameter pilings.
The following special condit~ons apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the £inal grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. No organic top soils are to ·be placed along the inside
o£ the new bulkhead.
Project is located on owner's property o£f Shinnecock Bay,
as per application and survey submitted.
PERMIT NO~_ 5816! is issued to Michael Sylvester, agent for
NICHOLAS PENCHUK. 28 Oak Lane. Hampton Bays,. to construct
100 1 of in-kind replacement with CCA wood bulkhead in same
location of existing one after removaL- Provide for a 6'
x 4' x 1811 stepdown~ No dredging. Provide up to 25 c.y.
of clean backfill as needed~
The following special conditions apply:
1 ~ 11 ln-kind 11 bulkheading to be located within 1811 of
existing walL
?. Filter cloth backing is to be installed on the ips ide
of the new bulkheading to prevent sedimentation through
the wall.
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Clean sand or gravel only will be used for backfill.
5. No organic top soils are to be placed along· the inside
of the new bulkhead~
Project is located on owner's property off dug lagoon off
Smith Creek, Shinnecock Bay, as per application and survey
submitted.

-202-
(Continued, October !, !990, BOARD OF TRUSTEES)

PERMIT NO. 5817: is issued to Michael Sylvester, agent for


ERNEST TRILLO & RICHARD ULRICH, 22 & 20 Oak Lane, Hampton
Bays, to construct 240' of in-kind replacement with CCA
wood bulkhead in same location of existing one after
removal. Also one 10' return on north end. No dredging.
Replace existing walkway decks, 6' x 24' and 6' x 60',
provide up to 60 c.y. clean backfill as needed.
The following special conditions apply:
1. "In-kind 11 bulkheading to be located within 18 11 of
existing wall.
2. Filter cloth backin_g is to be installed on the inside
of the new bulkhead)ng to prevent sedimentation through
the wall.
3. To hinder siltation, the final grading of ,disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Clean sand or gravel only will be used for backfill.
5. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on each owner's property off dug lagoon
off Smith Creek. Shinnecock Bay, as per application and
survey submitted.
PERMIT No; 5818: is issued to JEROME SCHWEITZER, south end
of Seab.eid Po1nt, Westhampton B6ach, to renew Permit No.
5589 to reconstruct with 1811 approximately 697' of timber
bulkhead, and to backfill structure with approximately 400
c.y. of clean sand, which shall be trucked in from an
upland source. Project is located on owner's property off
Quantuck Bay, as per application and survey submitted.
NOTE: There have been changes in the Trustees' Rules 4
Regulations: Refer to back of Per•it:
PERMIT NO; 5819: is issued to JOHN GAZBSKI, 8 Canal Way,
Hampton Bays, to obtain permit to construct 100' of
in-kind replacement with CCA wood bulkhead in same
location of existing one after removal~ Also two 10 1
returns. No dredging. Replace existing 5 1 x 20 1 and 4 1 x
75 1 walkway deck~ Truck in as needed up_ to 25 c.y. of
clean backfill.
The following special conditions apply:
1. "In-kind" bulkheading to be located within 18" of
existing wall.
2. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the walL
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Clean sand or gravel only will be used for backfill.
5. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner's property off dug lagoon off
Smith Creek, Shinnecock Bay, as per application and survey
submitted.

·203·
\Continued, October 1, 1990, BOARD OF TRUSTEES)

PERMIT NO~ 5820: iS issued to Robert M. Lohman, agent for


NAt.!CY ABEL, 10() Little Neck Road, Shinnecock Hills,
Southampton, to obtain permit for 153' pre~existing
bulkhead. Project is located on owner's property off Old
Fort· Pond, Shinnecock Bay, as per application and survey
submit ted. NOTE: There have been changes in the
Trustees' Rules l Regulations: Refe~ to back of Permit.
o-'--Tirer-"=T;i,, is issued to Robert M. Lohman, agent for
Little Neck Road, Shinnecock Hills,
Southampton, to iepair existing 4' X 12' dock. Project is
located on owner's property of£ Old Fort Pond, Shinnecock
Bay, as per ap,Plication and survey submitted;. NOTE:
There have been changes in the Trustees 1 Rules &
Regulations~ Refer to back of Per•it~
PERMIT NO; 5822: is issued to Glen E. Just/J.M.O.
Consulthig, agent for MURRAY NADLER, Dune Road, Quogue, to
obtain permit to reconstruct in· kind/in place
approximately 243 1 of failing timber bulkhead and to
backfi 11 structure with approximately 200 c. y. of clean
sand which shall be trucked in from an upland site.
The following special conditions apply:
1. 11 ln•kind 11 bulkheading to be located within 18" of
existing wall.
2. Filter cloth backing is to be installed on, the inside
of the new ·bulkheading to prevent sedi•entation through
the wall~
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a DlJ.nJ.mum of
four inches below the finished height of the wall.
4. Anr backfill is to. consist of only clean sand from an
up and source. No organic top soils are to be placed
along' the inside of the ne·w bulkhead.
5. The J?Tesent stone buffer behind the bulkhead is to
rema1n in place and be extended out to the inside wall
of the new v•in-kind 11 bulkheading~ ·
Project iS located on owner's property_ of£ Quogue Canal,
as per a-pplication and survey submitted.

PERMIT NO~ 5'23: is issued to Anderson Environmental,


Inc,, agent for LEONARD & LANA SANTORELLI, Flying Point
Road, Southampton., to construct 4 1 x S' ramp, 4' x 60'
dock, with 4' x 30 1 dock forming "L" shape.
The following special conditions apply:
1. Upland portions of walkway are to be 4 1 above grade.
2. "L" portion is to be placed in EASTERLY direction not
westerly.
Project is located On Owner's property of£ Mec:ox Bay, as
per application and survey submitted.

-204-
(Continued, October !, 1990, HOARD OF TRUSTEES)
PERMIT NO. 5824: is issued to Jean Shelley, Commodore,
agent for LITTLE PECONIC YACHT CLUB, Wooleys Drive,
Southampton, to maintenance dredge approximately 150 c.y.
of fill from around first two boat slips on both sides of
dock to a depth of 3 1 at MLW.
Project is located on owner 1 s property off Wooleys Pond,
as per application and survey submitted.
APPLICATIONS FOR PERMITS HELD:
An application for Bernard Hodes, 139 Jessup Lane,
Westhampton Beach, to maintenance dredge an area
approximately 35 1 x 95 1 to 4' below MLW. Approximately
185 c.y. of spoil will be removed to upland,, off-site
location. Application is being held pending inspection of
site area at dead low water.
MOORING PERMITS APPROVED:
PERMIT NO; 90-197 is issued to Barbara and John
Nickonovitz, 16 Rampasture Road, Hampton Bays, to place a
75 lb~ mushroom and anchor mooring and buoy for a 16' wood
rowboat (Reg. No. NY8109EY), in Tiana Bay, under the
direction of Bay Constable Stuart Rose.

-zos-
OCTOBER 15, 1990

THE REGULAR MEETING OP THE BOARD OP TRUSTEES OP THE


FREEHOLDERS AND COMMONALTY OP THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, OCTOBER 15, 1990, AT
1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank,
Patrtck A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of September 17,
1990, were read, amended, and approved as amended.
Paul Parash reported that he i.nspected the
deteriorated bulkhead at National Go.lf Links of
America on Sebonac Inlet Road by the channel. He said
that the end of the road is completely washed out and that
backwashing has scoured out the fill behind the southwest
corner of the bulkhead leaving a distance of only 10 feet
between the road and bulkhead. He spoke to Randall
Herring, the golf club manager, regarding repairs to the
bulkhead and Mr. Herring told him that the club wants to
r.emove the bulkhead because it is too expensive to
maintain and, in addition, they have been served with law
sui.ts from people who have fallen from the bulkhead while
fishing. Paul Parash said he told Mr. Herring that
removal of the bulkhead would destroy the Town road plus
the adjoining property owned by the Trustees and adversely

·206·
(Continued, October 15, 1990, BOARD OF TRUSTEES)

affect the environment and that it would be remiss for


them to do so.
Barry Vaughn, representing Mr. & Mrs. Donald Diamond,
was present to discuss their dock in Sag Harbor Cove.
Mrs. Diamond 1 s father, Herman Brown, built the
non-standard size dock in 1951 and, when he died· in 1968,
the prope~ty was deeded over to the Diamonds. They are
now selling the house and are seeking certification and
affirmati.on from the Trustees that the dock as it now
exists met the requirements of the Trustees over the
years. Upon researching the Trustees 1 records, it was
found that Mr. Brown did obtain permits to construct a 5 1
x 85 1 dock. John Wourgola suggested that the Diamonds
submit an application for a pre-existing, non standard
size dock. The fees will be calculated for the entire
structure as it now exits, mJ.nus the sections covered
under the old permits.
James Walker of Inter-Science Research Associates was
present to discuss the feasibility of submitting an
application for permit regarding their client 1 s proposed
dredging of West Neck Creek from Bullhead Yacht Club to
the Raoul-Duval property line and presented a map showing
the proposed area to be dredged. Edward Warner stated
that it is new dredging of a rather large area and that
the Board is opposed to any new dredging. He went on to

say that the area J.nvolved is very productive scallop

-207-
(Continued, October 15, 1990, BOARD OF TRUSTEES)

grounds with abun4ant eel grasses and that removing the


bay bottom would cause dead seaweed to stagnate the
bottom. It was the concensus ~f the Board that the
proposed dredging area is very sensitive and should be
left alone.
James Walker also reported that he had inStructions
from his client Cliff Robertson t~ go full speed ahead
regarding obtaining a permit to dredge the inlet from
Mecox Bay to ~_ayground Cove. Mr. Walker claims the inlet
was dredged approximately 20 to 22 years ago and that the
Morrison property was used as the spoil site.
Supervisor George Stavropoulos came to the meeting
and asked fot a Board opinion on the letter he received
from John Turner, Director of the Suffolk County Division
of Natural Resource Management requesting that the Town of
Southampton allow the Suffolk County Department of Parks
to erect a gate, at the end of Noyack Bay Avenue and
adjacent to the existing crash barrier, to provide
controlled access of off~road vehicles to the Clam Island
County Nature Preserve. A letter _will be sent to
Supervisor Stavropoulos informing him that the general
feeling of the Board is that they are opposed to any
action by the County which would restrict the public 1 s
access to our beaches. However, the Board would like the
opportunity to discuss the County• s intenti.on in greater

detail prior to rendering a formal determination.

·ZOB-
(Continued, October 15, 1990, BOARD OF TRUSTEES)

A motion was made by WilHam FranK, seconded by Paul


Parash and duly carried to purchase SO, 000 bug scallops
from The Clam Farm, Fishers Island, at a cost of $30.00
per thousand, to be paid Trustees' Special Account.
Eight (8) applications for permit were approved.
One (1) Mooring permit was approved.
CORRESPONDENCE:

Fred W. Thiele, Jr., re: letter advising that he has


scheduled a public forum on the 1991 County Budget to be
held on Monday, October 22, 1990 at 7:30 P.M. at the
Southampton Town Hall. A letter will be sent to all
marinas, yacht clubs and civic associations in the Town of
Southampton asking them to no.tify their members to attend
this meeting to. support the Trustees' position in opposing
the 1991 County budget cut for dredging.
George Hammarth, NYSDEC, re: lead agency coordination
request for public access ramp to Big Fresh Pond.
State of New York, John Johnsen, cc: Trustees, re:
letter answering request for additional information
regarding the Eastport bulkhead replacement.
Stephen Ham, Attorney, re: request for a determination
by the Trustees as to whether they have jurisdiction over
the woodland road leading from Brick Kiln Road to the
vacant land of Charles Shearman. A letter was sent to Mr.
Ham informing him that, after extensive research by

Trustee William Frank, no indication was found of a road,

-209-
(Continued, October 15, 1990, BOARD OF TRUSTEES)

either Trustee or Town, having ever been located in the


area in question.
Eric Fieldstadt, President of the Long Island
Bassmasters, re: letter to inform Trustees of their annual
lake 11 clean-up 11 taking place at Wildwood Lake on October
21st.
Patric'k McElroy, In response to a letter from Senior
Bay Constable John Andersen, Mr. McElroy sent a money
order for $97.30 to cover the cost of repairing the damage
he did to the navigational aJ.d at Wooley Pond on August
18th. A letter, along with the check, will be sent to
Comptroller Craig Furrer asking him to credit the $97.30
to the Trustees 1. Repal rs to Equipment Account 01.8700. 406.
Robert C. Burns, re: letter asking why beach permits
were now required to drive on ocean beach areas of
Southampton Town and what is done with the funds
collected. John Wourgola wi.ll reply.
Jean Shelley, Commodore of the Little Peconic Yacht
Club, re: request for an extra buoy at the channel
entrance to Wooleys Pond plus the movlng of an existing
red buoy_. A copy of their letter was given to John
Andersen for his follow-up to their request.
Kenneth Birchby, Commodore of the Northampton Colony
Yacht Club, re: petition containing 210 signatures
requesting the Board to arrange for the dredging of the

entrance to Mill Creek in Noyac. A letter will be sent to

- ZlO-
(Continued. October 15, 1990, BOARD OF TRUSTEES)

Commodore Birchby informing him that Mill Creek will be


added to the Town of Southampton 1991 Dredgi.ng Priority
Li. st.

John Andersen, re: dredging of the inlet to Mecox


Bay. A note to the Trustees stating 11
0n Haygro_und Cove,
the State claims Hayground Cove has never been dredged
before. The inlet is known as the wad.ing place and has
been dug before. It is in Trustee records. 11

Robert Rieger, Cornell Cooperative Extension, re:


letter requesting the Board's support for the Cooperative
Extension which faces a 62% County budget cut in 1991. A
letter will be sent to County Executive Patrick Halpin
urging him to reconsider the budget cuts and to allow the
Cooperative Extension to continue their good work.
Other correspondence not read was noted.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pay for the following
bills out of Trustees' Special Account:
1. Carol 0' Gar a office worker $845.00
2. The Clam Farm 50,000 bug scallops $1,500.00
WilHam Frank reported that both Sagg and Mecox are
very high and need to be opened. A motion was made by
William Frank, seconded by Paul Parash and duly carried to
open both Sagg and Mecox as soon as possible. Cliff
Foster of Diversified Services and the New York State DEC
will be notified.

-211-
( ConUnued, October 15, 1990, BOARD OF TRUSTEES)

Bay Constable Ted Sadleir reported that on October 12,


1990, the Bay Constables, Marine Maintenance men and
Trustees Warner and Frank removed seed clams from racks in
Weesuck Creek, for a total of 787 lbs. of 22 mm to 45 mm
clams, or approximately 52,307 clams. Bay Constables Ken
Malone and Stuart Rose put out 47,947 seed clams in the
following ,areas: Bast Quogue, Bast of Pine Neck, Tiana,
Cormorant Cove and Peconic Road to Reservation. Trustee
Ed Warner put out 2,180 seed clams in the Canoe Place
Creek area and Trustee Bill Frank put out 2,180 seed clams
in the Sag Harbor. area, for a total of 52,307 clams. Bay
Constable Sadle.ir also reported that the new A-frames for
lifting racks worked very well. Saved time and backs.
Project was started at 8:00 AM and was completed by 12:30
PM including weighing, counting and clean-up. Equipment
and vehicles were cleaned up by 1:30 PM including
powerwashing all screens. He also stated that on May 11th
- 129~279 seed clams were put out (.average size 30 mm), on

May 18th • 20,442 seed clams were put out (average size 29
mm) and on October 12th - 52,307 seed clams were put out
for a grand total of 202,028 seed clams put out this year.
A copy B/C Sadleir' s report was sent to Debra Barnes of
the NYSDEC Marine Resources Division.
Edward Warner read the following Bay Constable
report: At the Board's request, I ordered 50,000 bug
scallops from The Clam Farm at the quoted price of $30.

- Zl2-
(Continued, October lS, 1990, BOARD OF TRUSTEES)

per thousand. These are in addition to the 50,000 already


ordered. Both orders will be picked up near the end of
October. The total monies spent on the scallops this year

are: Budget amount - $2,SOO., Trustee account - $1,500.


for a total of $4,000.
The violation of the pool discharge pipe Off Dover
Avenue, No.rth Sea, which B/C Kohnken investigated has been
turned over to the DEC. I recommend that the Board write
a letter to the property owner regarding the removal of
the pipe and the installation of a dry well.
The hunting season for ducks is nearing. We had
discussed this past summer changing the Guides License to
a shorter period of time than the way it is issued now. 1
recommend we sit down and go over the system for 1991.
1 am going to be on vacation for the next two weeks.
Ted Sadleir will be in c:harge, I have spoken to hj.m about

matters coming up which need his attention.


I want to purchase two portable radios to be used by
783 and 785. The radios in use now are old and not
working properly. This money is in the Equipment Account

1200. The cost per unit is $745. for a total of $1,490.


A boat fire at the Baycrest Avenue dock caused minor
damage to the bulkhead cap and pllings. This fire is
under investigation by the Town Police Department and Fire
Marshalls. When we hear about the outcome, we will advise
and maybe damages can be collected.

-213-
(Continu~d, Octob~r 15, 1990, BOARD OF TRUSTEES)

The Board decided to wait until the next meeting


before approving the purchase of the two portable radios
from Eastern L.I. Electronics. William Frank will be
obtaining competiti.ve prices for similar radios that John
Anderson wishes to purchase.
Deputy Town Attorney John Wourgola reported that in
the case of Bel.l vs. Trustees there has been an appeal to
the Appellate Division, Second Department. He also
reported that in the case of Conklin vs. Trustees the
remainder of the berm was finally removed from the
Trustees' owned property on Noyac Path.
The meeting on motion was adjourned.

Respectfully submitted,

~~.7~
liki'DBf!117tt! ~cretary

PERMITS ISSUED
PERMIT NO. S825: is issued to Barry L. Vaughn, agent for
DONALD R. & JOAN BROWN DIAMOND, Ferry Road/Route 114,
North Haven, to obtain permit for pre~existing 5' x 155'
dock and 6' x 25' "L" extension on end of dock. Project
is located on owner's property off Sag Harbor Cove, as per
application and survey submitted.
PERMIT NO. 5826:. is issued to En .. Consultants, Inc., agent
for LEWIS A. SANDERS, Aesops Neck Lane, Quogue, to extend
existing 4' x 40' fixed catwalk by 50 1 • Remove one of two
10' x 20' floating sections at base of "U". Project is
located on owner's property off Quantuck Bay, as per
application and survey submitted. NOTE: There have been
changes in the Trustees' Rules & Regulations. Refer to
back of Permit~

-214-
(Conti.nued, October lS, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5827: is issued to Glenn E. Just/J.M.O.


ConsuitJ.ng, agent for YEVA SONA A.PIKOGLU, 9 Marlin Drive,
East Quogue, to amend Permit No. 5710 to allow for the
reconstruction of 75' of timber bulkhead within 18 11 of the
existing bulkhead and to backfill structure with
approximately 50 c.y. of clean sand which shall be trucked
in from an upland souce.
The following special conditions a~ply:
1. F1lter cloth back1ng is toe 1nstalled on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches bel·ow the finished height of the wall.
3. Should· it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner 1 s property off dug canal off
of Shinnecock Bay, as per application and survey
submitted. NOTE: There have been changes in the
Trustees' Rules • Regulations~ Refer to back of Per•it.
PERMIT NO~ 5828: is issued to Mockridge General
ConstructJ.on, agent for DR. LESLIE MAILLARD, 74 Harbor
Road, Westhampton Beach, to reconstruct 87 l.f. of timber
bulkhead and construct new 4' x 8-6' of walkway.
The following special conditions apply:
i. F1iter cloth back1ng is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To binder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a mlnimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5829: is issued to En-Consultants, Inc., agent
for BERNARD HODES, 139 Jessup Lane, Westhampton Beach, to
maintenance dredge an area approximately 35 1 x 95' to 4'
below MLW. Approximately 185 c.y. of spoil will be
removed to upland, off-site location. Project is located
on owner's property off dug canal off of Moriches Bay, as
per application and survey submitted.

-215-
(Continued, October 15, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5830: is issued to En-Consultants, Inc., agent


for MOLNAR 1 S LANDING, 31 Alanson Lane, Hampton Bays, to
construct a 15 1 x 60 1 concrete boat launching ramp. On
north side ·construct two ·sections of retaining walls (6 1 x
40 1 ) to prevent erosion. Proposed ramp will replace
dirt-surfaced ramp now used for this purpose. Project is
located on owner s 1 property off dug canal off of
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5831: is issued to MICHAEL & EILEEN CECCARELLI,
R.R.3, 446~1 Harbor Drive, Sag Harbor, to amend Permit No.
56Z3 from 4' x 3'5 1 fixed dock to a 4 1 x 70 1 fixed dock.
Project is located on owner 1 s property off Sag Harbor
Cove, as p'er application and survey· submitted,
PERMIT No; 583Z: is issued to EDWARD SORENSEN, Oa~ Groye
Road, Southampton, to _construct a 5' x 10' floating dock
and 30 11 x 30' walk. NOTE: Floating dock and walkway will
be removed in Winter. Project is located on owner's
property off Fresh Pond, as per application and -survey
submitted.
MOORING PERMITS APPROVED:
PERMIT NO~ 9'0-198 is issued to James C. Patton, 48 East
Tiana Road, Hampton Bays, to place a 75 lbs. mushroom and
anchor mooring and buoy for a 16' Chaparral Outboard (Reg.
No. NY7Z'34UD), in Tiana Bayt under the· direction of Bay
Constable Kenheth Malone

·216-
NOVEMBER 5, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOW~ OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, NOVEMBER 5, 1990,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner: Trustees
William H. Bennett, Paul w. Parash, William ~· Frank,
Patrick A. Heaney, and Deputy Town Attorney John Wourgola.
The ffiinutes of the regular meeting of October 15,
1990, were read, amended, and approved as amended.

Walter Schumacher, Rosalie Tutino, Diane Kopke, Robert


and Mae Sauer, Mary Ellen canning, Robert Krucklin and
Pericles Bakas, members of the Romana Drive Association,
were present to ask the Board when they were going to
dredge the mouth of the Romana Drive Canal. Walter
Schumacher said they all came to this meeting because they
want definite assurance from the Trustees that the
dredgin9 would be done before the closing of the dredging
window on April 15th. Trustee Patrick Heaney stated that
the mouth of the cove is severely shoaled and all that is
needed is one good big storm and it will become a pond.
He said the following problems need to be addressed: (1)
dredging of the cove mouth, ( 2) refurbishing the brush
jetty and (3) the installation of navigational aids
outside the cove. Mary Ellen canning said she remembers
when the lagoon used to be a 25' deep pond and she would

-216-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
row across in her rowboat. Diane Kopke stated that, as
waterfront property owners, they all pay very high taxes
and currently only those owners with small boats can
approach their bulkheads. She said when the tide comes in
it speeds through taking sand and moving it causing the

buildup of sand at the mouth of and into the cove. She


went on to say that over the past few years as they
entered into the mouth of the· cove from Shinnecook Bay,
all the boats had to stay to the right to avoid the sand,
then the sand shifted and they had to stay to the left,
then the center and now you can· only enter the canal at
high tide. She said they are very angry because Ed warner
made a promise to them over two years ag_o that the mouth
of the cove would be dredged. Mr. warner replied that it
has taken that amount of time to obtain all the permits
and they .still have not received the permit from the Army
Corps of Engineers. Patrick Heaney reminded the
association members that only recently one of their
neighbors remo'i7ed his objection to the spoil site which
also was hindering this projecto Mr. Heaney also stated
that he has obtained preliminary quotes ranging between
$16,000. and $22,000. to dredge hydraulically and between
$8,000. and $12,000. to mechanically dredge from shore.
Mrs. Totino asked if their project could be put on the
Suffolk County' priority list for dredging. Edward warner
stated that it could but only if their association's

property countained a county or a town dock or a parking


lot avail~ble to the public. Since their
-217-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
property is for private use only, the association would
not be eligible. Mrs. Totino stated that the members of
the association have already paid to dredge the mouth of
the cove twice and asked 11
Where do we stand, lets agree on
something". Edward Warner said that the Trustees do not
have $20,000. to pay for the entire cost of the dredging,
however, if the bid came in within $20,000. or· below the
Trustees would go half with the homeowners. He also said
the brush jetty built in 1981 should be built up and
maintained, not removed as requested. He went on to say
that if the brush jetty was removed, the mouth of the cove
would close. Mrs. Tutino said they would be willing to
pay half the charges to dredge the mouth of the cove if
the Trustees will maintain the jetty. Ed Warner said h~

could make no guarantees, however, he confirmed that if


the association split the cost, the Trustees would, once
the Army Corps permit is secured, dredge the mouth of the
cove and refurbish the southwest side of the jetty.
Walter Lane, Roger Kozofsky and Jay Sweda representing
the Southampton Baymen • s Assocation were present to
request that the Board open the same areas for long lining
as last year. A motion was made by William Frank,
seconded by Paul Parash and duly carried to pass the
following resolution:
RESOLVED: At sunrise, December 1, 1990, the following
areas will be OPENED as an "Experimental Cultivation Area••
to the taking of hard clams by "LONG LINING", not to

-218-
(Continued, Novembe~ 5, 1990, BOARD OF TRUSTEES)
exceed use of a 40 HP outboard motor: SHINNECOCK BAY:
from the Peconic Road ramp along the northerly shore to
Jackson's Marina, from Mariner's Cove Marina to Cormorant
Point, from Cormorant Point to the northeast end of the
bulkheading at the Coast Guard Station, staying 150 feet

from shore. WEST SHINNECOCK BAY: that area east of


Mermaid Lane from the old Coast Guard Channel running from
the pavilion to the Intra-Coastal Waterway, then east to
the Ponquogue Bridge, staying 150 feet fr:om shore.
11
Regular clamming will continue. There is to be NO TOWING
OF THE RAKES" in these designated areas. No special
permit is required. The areas will be CLOSED to 11
LONG
LINING" at sunset on March 31, 1991. Notice to be

published.
John Andersen was present to discuss the matter of the
dredging of the inlet between Hayground Cove and Mecoll:
Bay. He said that Cliff Robertson's application for
permit is actually ·for maintenc;mce dredging and not for
new dredging. He went on to say that Hayground Cove is
also known as the Wading Place and on March 23, 1931 the
Trustees issued Permit X-2 to E. L. Schmidt, Richard
Johnson, w. c. VanClief, of Watermill, "to dredge or dig a
channel sixty feet wide and from two to two and a half
feet deep at low water at Wading Place, Mecox Bay 11 • To
further back his position, he also read part of the
minutes from the regular meeting of the Board of Trustees

held May lB, 1948 "Mr. HubbaJ:d reported that he had seen

-219-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
Mr. Ross Winters and that he had said he would have the
bar at Wooley• s Pond cleared before May 15th. He was to
do Far Pond also, as soon as possible. Mr. Topping
reported that nothing could be done at Wading Place until
the Bay runs." and from the June 15, 1948 meeting "Letter

from Mr. ~. E. Blackwell expressing gratitude for the


opening of the bar in Hayground Cove." and from the June
15, 1953 meeting "Trustee Topping reported that the Wading
Place had been dug out since the last meeting, and that
Mecox was let out on the 6th of June. Officer Halsey
reported that he had put deep water signs on both sides of
the channel at the Wading Place." Xerox copies of the old
minutes will be sent to James Walker of Inter-Science
Research. Edward Warner also stated that' the yardage fee
would be waived since Mr. Robertson • s application is for
maintenance dredging.
John Leonard along with Karl·Weisenbacher were present
to request relocating of a portion of Trustee owned Old
Noyack Road and requested also that a portion of such road
be abandoned. This request was made in conjunction with a
subdivision that John Leonard was proposing of land locked
parcels he bought. Mr. Leonard showed the Trustees a map
of the pattern of streets he proposes in his subdivision.
Edward Warner asked if the ·sag Harbor Fire District was
shown his plans and if they were in agreement. After much
discussion, Mr. Leonard said that a preliminary hearing
was set for January by the

-220-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
Town Planning Board and at that time he would like the
Trustees to concurrently lend support for his plans.
William Bennett and William Frank stated they are opposed
to his plans and continue .to maintain the position that no
portion of Old Noyack Road should be relocated or
abandoned.
John Bennett and his client, Martin Bellini, were
present to determine whether or not the Board considers
MrQ Bellirii a Town resident~ John Bennett stated that Mr.
Bellini has had a Southampton Town Guides License for the
past 11 years and the loss of this license would affect
his ability to earn a living. He went on to say that Mr.
Bellini is a landscaper in the summer and resides in Blue
Point during that period. However, he is a hunting guide
in the winter, maintains a duck blind in Mecox Bay and
lives with his father in Hampton Bays during that period.
Upon questioning, Martin Bellini conceded that he is not a
full time resident but submitted proof that he lives in
the Town of Southampton over 6 months each year. Deputy
Town Attorney John wourgola said that he would review the
proof submitted by Mr. Bellini with Senior Bay Constable
John Andersen and they would come to a determination by
the next meeting. Until that time, Mr. Bellini's guide
license will stay in effect.
Nine (9) Applications for permit were approved.
One (1) Application for permit was held.
One {1) Mooring permit was approved.

-221-
(Continued, November 5, 1990, BOARD OF TRUS~EES)

A motion was made by Patrick Heaney, seconded by


William Frank and duly carried to obtain six New York
Telephone credit cards for the following Trustees: Edward
Warner, William Bennett, Paul Parash, Patrick Heaney,
William Frank and Senior Bay Constable John Andersen. All

charges to be billed to the Trustees' Shop telephone


number and the phone bills will be paid from· Trustees'
Special Aycount.
CORRESPONDENCE:
Supervisor George Stavropoulos, John Turner Director
of Suffolk County Natural Resource Management, cc:
Trustees: letter advising Mr. Turner that the County's
proposed closing of Clam Island Preserve to off-road
vehicles was being referred to the Trustees for their
recommendation. A letter was written to the Supervisor
stating that the Board is opposed to any action by the
County which would restrict the public's access to our
beaches, however, prior to rendering a formal
determination on their proposal the Trustees would like
permission to contact Mr. Turner to discuss the County's
intention in greater detail.
Bruce Anderson, Chris Smith of Cornell Cooperative
Extension, co: Trustees: letter reporting that the
Southampton Town Board unanimously approved the allocation
of $75,000. for the stormwater abatement program at Fish
Cove.

Patrick A. Heaney, Legislator Fred Thiele: letter

-222-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
requesting that the Cooperative Extension funding
necessary to do water quality monitoring at Fish Cove be
protected.
Kenneth Thommen: Resolution adopting a Policy
Statement regarding alcoholism and drug abuse with respect
to the Southampton Town Employee Assistance Program.
Kenneth Thommen: Resolution adopting a Policy and
Program on the Southampton Town Employee Assistance
Program taking effect January 1, 1991.
Georgia Vish, Secretary of the Village of North Haven
Zoning Board of Appeals: notice of public hearing on the
applications of Rebecca Raphael and Howard Deutsch.
Alex Sneddon of Southampton Hospital~ letter of
thanks for the Bay Constables• he-lp during the Fithampton
Triathlon.
Bruce Anderson, Charles Guthrie NYSOEC, cc: Trustees:
Wildwood Lake water quality results.
John Wagner of the Esseks, Hefter & Angel Law E'irm:
reqestin9 on behalf of their clients, Barry and Judith
Beil, that the Trustees renew Permit No. 5342 so that
construction of the dock held up in litigation may now
occur. John Wourgola will reply.
Jeffrey Erdos of Deluxe Silk Screening: quote for
1991 beach and ramp permit stickers. Other price quotes
will be obtained before placing an order.
Fred w. Thiele, Jr.: letter in support of the

Trustees• Resolution stating that he is opposed to the

-223-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
County Executive's proposal tQ.... sell the county-owned
dredge and his intention to try to persuade his fellow
Legislators to carefully consider the full impact of
selling the dredge.
u.s. Army Corps of Engineers, Roy Haje of
En-Consultants, co: Trustees: Request for additional

information x:egarding the permit application of Molnar 1 s


Landing.
James Walker of Inter-science Research Associates:
letter stating that the inlet between Hayground Cove and
Mecox Bay had been dredged 20 years ago and is· not
considered new dredging. Attached to their letter was an
application for permit for maintenance dredging of the
inlet submitted for their client, Cliff Robertson. A
letter will be written to Mr. Walker stating that prior to
the Board's approval of Mr. Robertson's application for
permit, they must first obtain NYSDEC and NYS Army Corps
of Engineers permits for this project. Attached to our
letter will be copies of old Trustee records brought to
the meeting by Senior Bay Constable John Andersen that
they also requested to help them in their endeavor to
obtain the necessary New York State permits.
League of women Voters of Southampton: In vi tat ion to
their Annual Benefit Luncheon being held November 18th.
Richard Fox, NYSOEC: Report of the SAC bay scallop
sub-committee meeting held OctoQer 11th at Riverhead Town

Hall. Trustee William Bennett attended this informative


meeting.
-224-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
Kathy McGinnis, Southampton Town Community Development
Director: Letter in response to Edward Warner's inquiry
regarding the possibility of using CDBG funds for the
construction of a boat ramp at the Ponquogue Brid9e for
public use. Though she believes that this would be a very
worthwhile project for the Town to undertake,

unfortunately, it is not eligible for Community


Developme~t Block Grant funding.
Martin Gilmartin: Letter regarding the Omabehgo/Gullo
Dock and his wish to draw this matter to a conclusion.
John wourgola will reply.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to- pay for the following out of
the Trustees• Special Account:
L Carol O'Gara Office Help $1,267.50

2. William Imperiale Refund of Blkhd Fees $ 46.00


3. Williamson Law Book Co. Minute Book Sheets $ 70.61

William Bennett reporteO that he spoke to Paul Tryon


of the Riverhead Baymen's Association. He said their next
meeting is being held November 28th. and the topic to be
discussed is the Peconic River. He is requesting that two
Southampton Town Trustees attend this meeting plus one
person from the Southampton Baymen•s Association.
Trustees Edward Warner and William Bennett will attend.
Senior Bay Constable John Andersen a~so said he would like
to attend.

-225-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
William Bennett also reported that he got oysters from
Mecox Bay with spat on them.
William Frank .reported that Sagg was opened on October
24th and is now closed. Mecox was opened October 31st and
is still open.
William Fr:ank also recommended that the Trustees
purchase their own copying machine for the of.fice. He
said a reputable make would probably cost between $1,200.
and $1,500. The office clerk will be asked to compare
prices and acquire brochures for the Trustees perusal.
Paul Parash reported that be spoke to Tom Samuels
regarding the deteriorating bulkhead at the National Golf
Links of America on Sebonac Inlet Road by the channel.
Senior Bay Constable John Andersen -was present to read
the following report: Scallops picked up from The Clam
Farm, Fishers Island, by myself and B/C Ted Sadleir in M/5
on Friday, November 2, 1990.
Paid out of Shellfish Account: $2,500. for 50,000
25-30 mm bug scallops, 10,000 extra given at no charge.

Paid out of Trustee Account: $1,500. for 50,000 18-25


mm bug scallops, 2,000 extra given at no charge.
The scallops were put out in the following places:
60,000 at east and west ends of Shinnecock Bay by Bay
Constables Ted Sadleir and Ken Malone - Rampasture Point,
Pine Neck Point, old Coast Guard channel area and east end
of Shinnecock Bay.

Approximately 8, 600 in each of the following creeks:

-226-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
Sag Harbor Cove, Noyac Creek and North Sea Harbor by Bay
Constables John Andersen and Stuart Rose. West Neck and
Cold Spring by Bay Constable Dale Petruska and James
White, Maintenance.
John Andersen also asked if he should order scallops
from The Clam Farm for next year. The Trustees
unanimously agreed that he should place an Order for
another 50,000 30 mm bug scallops.
John Andersen went on to say 'that the battery was
stolen from M./3. He re·quested permission to purchase
another battery at a cost of approximately $50.00 plus an
$8.00 battery box. He also said he would like to expand
the fence surrounding the impound area by another 20-25
feet by adding two wings and removing and relocating the
entire length. Regarding the two Midland portable radios
that he wishes to purchase for B/C's 783 and 785, sr. B/C
Andersen said he was planning to stop by the store in sag
Harbor recommended by Trustee William Frank to check out
the prices and quality of similar radios.
A motion was made by· William Bennett, seconded by
Patrick Heaney and duly carried to pay approximately
$58.00 from the Trustees' Special Account to purchase a
new battery and case for M/3. John Andersen will be
notified.
A motion was made by William Frank, seconded by Paul
Parash and duly carried (Patrick Heaney abstained) to pay

for the expansion of the impound area fencing from the

-227-
(Continued, November 5 1 1990, BOARD OF TRUSTEES)
Trustees' Special Account. John Andersen will be notified.
A motion was made by William Frank, seconded by
Patrick Heaney and duly carried that the Board of Trustees
enter into Executive Session following the adjournment of
the regular Trustees' meeting.
The meeting on motion was adjourned.

Respectfully submitted,

William H. -Benne-tt, Secretary

PERMITS ISSUED:
PERMIT NO. 5833; is issued to J,M.O. consulting, agent for
JANE LOVE LEE, 282 Dune Road, Westhampton Beach, to
const.r:uct a 4' x 70 1 catwalk (4 1 above grade) ,:,_a 4' x 15'
ramp and a 6' x 20' float. Project is located on owner's
property off Moriches Bay, as per application and survey
submitted.

"':f:rj~'-fif'.!.Sio~i~~·~etissued to ROBERT T. AND DOROTHEA M.


~~ Avenue, East Quogue, to resurface
existing bulkhead, 119' west side of boat
slip parallel Creek.
The following conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind tbe new bulkhead shall be
a minimum of four inches below the finished
height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel
will be permitted. No organic top soils are to be
placed along the inside of the new bulkhead.
Project is located on owner's property off Phillips Creek,
as per application and survey submitted.
-228-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
PERMIT NO. 5835 t is issued to En-Consultants, Inc. , agent
foL· LONG NECK ROYAL CANAL ASSOCIATION, end of Long Neck.
Boulevard, Flanders, to excavate built-up sand from a 40 1
x 50' area of beach. Approximately 50 c.y. of sand will
be removed to upland lots. Purpose of project is to
prevent spill-over of sand into canal. All work to be
above MHW. Project is located on owner 1 s property off
Flanders Bay, as per application and survey submitted.
PEBMI't NO. 5836: is issued to FRANCES DeCRISTOFARO, 20
~A~q~u~a~D~r~i~v~e~.~S~o~u~t6hampton, to replace deteriorated steps to
beach from dook. going over Shinnecock. Beach Road •
Project is located on owner's property off of Shinnecock
Bay, as per application and survey submitted.
PERMIT JtlO~ 5837: is issued to ADOLPH C. GULDI, 88 Little
Neck Road, southampton, to reface approximately 152 l.f.
of timber bulkhead. No dredging. The following special
conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
No organic top soils are to be placed along the inside
of the new bulkheadQ
Project is located on owner • s property off Old Fort Pond
off of Shinnecock Bay, as per application and survey
submitted~

issued to En-consultants, Inc., agent


Beach Road, Southampton, to replace
(within 18") 263 l.f. of timber bulkhead.. Construct new
16 section to close off area north of boat slipQ
1
Dredge
within boat slip to depth of 4' below MLW. Maximum 10
c.y. to be removed.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will be trucked to suitable spoil site.
4. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owne-r's property off -Heady Creek, as
per application and survey submitted.
Tru·stee Patrick Heaney abstained f-rom voting on th·is
application for pe·rmi t.

-229-
(Continued, November 5, 1990, BOARD OF TRUSTEES)
PERMIT NO. 5839: is issued to Inter-Science Research
Associates, agent for CARMEN VALVO, Pointe Meoox Lane,
Mecox, to construct a 4' x 185' catwalk (minimum of 4'
above grade of the wetlands I phragmites) and an 8' x 10'
floating dock. Project is located on owner's property off
Jobs Creek off of Mecox Bay, as per application and survey
submitted.
PERMIT NO. 5840: is issued to Harbor Marine Construction,
Ina., agent for PETER D'ANGELO, Sam's Creek Road,
Bridgehampton, to amend Permit No. 5760 to construct an
additional 4' x 20' of catwalk (4' above grade)' landward
of permitted 5' x 60 1 catwalk. Project is located on
owner's property off Sam's Creek, as per application and
survey submitted.
PERMIT NO. 5841: is issued to En-Consultants, Inc, agent
for AVER~ CORMAN, Rose Hill Road, Water Mill, to construct
a timber dock consisting of a 3' x 10' landward inclined
ramp; 3' x 40' fixed, elevated catwalk (4' above grade);
3' x 12' hinged ramp and a 5' x 16 • float secured by ( 2)
6'' x 6" posts. Project is located on owner's property off
Hayground Cove off of Mecox Bay, as per application and
survey submitted.
APPLICATIONS ·FOR PERMITS HELD:

An application for Cliff Robertson, P.o. Box 940,


Water Mill, to maintenance dredge the inlet between
Hayground Cove and Mecox Bay to a depth of 4 feet is being
held until all New York State permits are secured and
everything is in place.
MOORING PERMITS APPROVED:

PERMIT NO. 90-199 is issued to Judy and Hisao Yoshida,


Cedar Avenue, North Sea Park, Southampton, to place a 100
lbs. mushroom and anchor mooring and buoy for a 22 1 Morgan
Sailboat (Reg. No. NY0451CA), North sea Harbor, under the
direction o£ Bay Constable Christopher Kohnken.

-230-
NOVEMBER 19, 1990

THE REGULAR MEETI'NG OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF TSE TOWN OF SOUTHAMPTON,


N.Y. WAS HELD AT TOWN HALL ON MONDAY, NOVEMBER 19, 1990,

AT 1 P.M.
PRESENT WERE: PreSident, Edwar.d J. Warner; Trustees
William H. Bennett, Paul W. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of November 5,
1990.; were read, amended, and approved as amended.

Tom Samuels of James H. Rambo, Inc.", was present to


discuss the deteriorated bulkhead at National Golf Links
of America. He said he will be working with the golf club
management regarding the repairs to the bulkhead and
wanted to know if a Trustee permit would be required.
Edward Warner said yes, however, it was the concensus of
the Board that the fees for resheathing the bulkhead would
be waived. Mr. Samuels went on to say that the culvert
was also in bad shape and he is going to ask the flighway
Department if they have any spare 36 11 concrete pipe. He
said he would place this pipe inside the old concrete pipe
that has been deteriorated by road salt.
A motion was made by Edward warner, seconded by
William Bennett, and duly carried to waive the fees for
James H. Rambo, Inc., for resheathing the bulkhead at the
National Golf Links of America.

-231-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
Aram Terchunian of .rirst ..COastal Corporation was
present to ask permission to use Dolphin Lane in East
Quogue as a vehicle access road to the beach during a dune
restoration project involving 6 properties in the Village
of Quogue. He said the owners want to restore the dunes
in front of their ptoperty and they intend to place 1600
cubic yards of clean upland medium to coarse grain sand to
nourish an 855 foot stretch of eroded dune and stabilize
the area with beach grass and sand fencing. Mr.Terchunian
said they would like to place a 15' wide x 50' long x 2
1/2' thick loam ramp at the end of Dolphin road fo·r 18
wheeler trucks to use as a platform to dump the sand onto
the beach which will then be taken to the site. Mr.
Terchunian went· on to say that he has already received
permits from the NYSDEC and the Village of Quogue. John
Wourgola told Mr. Terchunian that he would have to process
an application for permit as agent for the homeowners and
to provide an amended certificate of insurance showing the
Southampton Town Trustees as certificate holder. At the
Boards request, Aram Terchunian confirmed that First
Coastal Corporation will, when the project is completed,
either leave as is or remove the temporary loam ramp at
the end of Dolphin Lane, at the discretion of the Trustees
after a full board site inspection.
A motion was made by William Bennett, seconded by
Patrick Heaney, and duly carried to charge First Coastal
Corporation only the application fee of $25. for the
Quogue dune restoration project.
-232-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
Aram Tercbunian went on to say that he would like the
Trustees to consider giving him permission to use Road K
for their Christmas tree dune restoration project this
year. He said that for 100 feet on either side of Road K
the dunes are deflated. The Board agreed that this
project would benefit ·the dunes next to Road K and Edward
Warner asked Mr. Terchuchian to contact the Highway
Department to work out a plan as to how the trees would be
collected and brought to the site.
Martin Bellini was present, along with his attorney
John Bennett, to discuss further whether or not the Board
considers Mr. Bellini a Town resident, The subject matter
concerns his Southampton Town Guides License which is only
issued to residents. John Bennett stated that even tho.ugh
Mr. Bellini is not a full time resident he is, in fact, a
domiciliary of the Town of Southampton. A domiciliary
said Mr. Sennett is the place where one has intention of
making his home and, in that context, Mr. Bellini has
never moved from the Town of Southampton. He supports his
ex-wife and daughter who live in North Sea and his
daughter currently attends school in Southampton.
Additionally, Mr. Bellini 1 s driver 1 s license and vehicle
registration show a post office box in Water Mill as his
legal address. Senior Bay Constable John Andersen
reported that he met Mr. Bellini at North Sea a few years
ago and during their conversation Mr. Bellini stated that
he lived in Blue Point. He went on to say .that a few
weeks ago he · saw a boat towing a blind in Mecox Say
-233-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
and ran a check on the vehicle parked on shore. The sign
on the side of the truck read "Creative Landscaping" and
showed a Blue Point phone number. The owner of the truck
was Martin Bellini. He said that on July 25, 1990, Mr.
Bellini applied for two non-resident boat ramp stickers
and a non-resident 4WD vehicle beach sticker and submitted
copies for the record.
After a public hearing, this Board makes the following
findings of fact:
1. Martin Bellini obtained a Guide Permit from the
IJ.'own Trustees approximately 11 years ago and continuously
held same until this date.
2. The Rules and Regulations of the Town Trustees
require that, among other things, a guide be an actual
continuous resident of the Town of Southampton for not
less than one year immediately preceding his appointment.
3. A question has arisen as to Mr. Bellini's status
as a resident and, accordingly, a hearing was held. to
determine Mr. Bellini's entitlement to the Guide Permit.
The following evidence was presented on his behalf:
a. New York state Trailer Registration receipt
showing a Post Office Box in water Mill as
Bellini's address.
b. Hunting License application showing a Post
Office Box in Water Mill as Bellini's address.
c. New York state Guide License showing a Post

Office Box in Water Mill as Bellini's address.

-234-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
d. New York State vehicle registration receipt
showing a Post Office Box in Water Mill as
Bellini's address.
e. New York State Driver's License showing a
Post Office Box in Water Mill as Bellini's address.
4. Senior Bay Coitstable John Andersen appeared and
offered the following proofs:
a. Application for Town Trustee non-resident boat
ramp permit signed by Bellini listing his address
as Blue Point, New York.
b. Application for Town Trustee 4-wheel drive
non-resident vehicle permit signed by Bellini
listing his address as Blue Point, New York.
Additiona·lly, a letter was presented from Mr~ John
Bellini indicating that his son, Martin Bellini, resides
at 1 Debbie Trail, Hampton Bays from approximately
November 1 to May 1.
Based on the findings of fact, the Board makes the
following conclusions:
A. No concrete evidence has been submitted on behalf
of Bellini which establishes him as an "actual continuous
resident'' of the Town of Southampton.
B. On the contrary, Bellini himself has acknowledged
his non-residency by applying for and obtaining two other
non-resident permits from the Town Trustees.
C. Additionally, Bellini's own proof (letter from
father) indicates that he only resides in the Town of
Southampton approximately 6 months of each year.
-235-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
D. The existence of a post ~fice box within the Town
of Southampton is by no means sufficient to establish
residency.
Based on the foregoing findings of fact and,
:, .

conclusions and, after hearing counsel for Bellini and


Senior Bay Constable John Andersen, this Board determines
that Mr. Bellini does not meet the residency requirements
for issuance of a Guides License and, accordingly, Mr.
Bellini's Guides License is hereby revoked effective
immediately. This Board hereby notifies Mr. Bellini that
he shall not present himself as a duly licensed guide-and,
additionally, Mr. Bellini shall not hunt within the Town
of Southampton, except in compliance with the Rules and
Regulations of the Trustees and all other applicable laws
and ordinances.
A motion was made by William Frank, seconded by
William Bennett and carried 4-0 (Paul Parash abstained) to
revoke Martin Bellini's Town of Southampton Guides License
effective November 19, 1990.
A letter will be sent to John Bennett, attorney for
Martin Bellini, informing him of the Boards• decision.
George Tollefsen, Jr., along with his attorney Mary
Jane Asato, were present to discuss the Lobster Inn
proposal for a land exchange to the Board of Trustees.
Ms. Asato said The Lobster Inn, Inc., would like to
acquire from the Board of Trustees approximately 1090
square feet of property to the North of the rest;:aurant
site. In exchange for said parcel, The Lobster Inn, Inc.,
-236-
{Continued, November 19, 1990, BOARD OF TRUSTEES)
would {1) transfer to the Board of Trustees approximately
2868 square feet of property across the lagoon to the East
(which would extend from the Trustees property) ; ( 2) pay
an additional cash sum of $10,000.00; and (3) dedicate six
parking spaces for trailers using the boat launch
facility. Mr. TollefsOn presented a map highlighting the
parcels to be exchanged and first asked if he could
outright buy the parcel owned by the Trustees. The answer
was no. Edward Warner said that the parcel Mr. Tollefsen
wishes to transfer is of no value to the Trustees unless
the bay bottom of the privately owned lagoon in front of
the parcel is included in the offer. A line was drawn
diagonally across the map from point to point to
illustrate the area in question. Patrick Heaney said that
the perpetual use of the six parking spaces should be
designated for use by trailers and vehicles using the boat
launch facility. Mr. Tollefsen said he would also be
willing to give one boat slip to the Trustees for their
use. After a lengthy discussion, Mary Jane Asato said she
\'lould reduce to writing this is what we have offered and
Trustees can either accept, reject or negotiate but she
would like a binding contract from the Trustees so they
can go ahead with their plans. Otherwise, if the Trustees
say no they would go ahead with an alternate plan. She
went on to say that the Trustees should be aware that
their new proposal will still be contingent upon necessary

municipal and governmental approvals. Patrick Heaney said


that the Trustees will consider their new proposal only if
-237-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
it achieves a public benefit equal to or exceeding the
benefit Mr. Tollefsen will derive from the proposal.
Senior Bay Constable John Andersen was present to
discuss the following issues: Should he should order
clams for 1991. It was decided to wait and see what
figure was approved in the new Town budget. Requested the
Trustees write a letter to Steve Malinowski of. The Clam
Farm thanking him for the 12,000 free scallops he gave us
this year and to confirm our order of 50,000 bug scallops
for next year. A letter will be written. He went on to
say that he stopped in the store in Sag Harbor to check
out their portable radios and found they did not compare
to the ones we now have and would like his original
request to purchase two Midland portable radios from
Eastern L.I. Electronics be approved. His request was

approved, however, Supervisor Stavropoulos has since put a


stop order on purchasing of equipment thro.ugh the end of
the year. Mr. Andersen said he will speak to Supervisor
Stavropoulos. He went on to say that he has not had the
time to get prices regarding the expansion· of the impound
yard fencing but will try to get 3 or 4 as soon as
possible. He reported the stays for the barge broke and
he had to buy new replacements at a cost of $30. He also
received a call from Power Plus of America notifying him
of an impending price increase for the batteries used for
the navigational lights and requested permission to place
an order with them now for 1991 for 85 air alkaline

-238-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
batteries at this year's price of $16.00 each. His
request was approved.
A motion was made by William Frank, seconded by Paul
Parash, and duly carried to pay for the $30. replacement
stays for the barge out of the Trustees' Special Account.
Six (6) applications for permit were approved.
CORRESPONDENCE:
Legis~ator Fred Thiele, Aram Terchunian, President of
Long Island Shore and Beach Pteservation Association, co:
Trustees: letter stating that LISBPA supports restoration
of the dredging funds to the proposed 1991 County Budget.
Legislatot Fred ~hiele, Glenn Hitt, President of
Southampton Cove Owners• Association, cc: Trustees: letter
requesting the resumption of maintenance dredging of the
channels of Fish cove beginning at the west end of the
Association Marina and ending at the Fish Cove Bridge on
Noyac Road.
Glenn Hitt: letter commending efforts to reduce
pollution in Fish Cove by the installation of new
stormwater catch basins and request to resume the
maintenance dredging of all the channels of Fish Cove.
John wourgola will reply.
Debra Barnes, DEC Marine Resources Specialist:
acknowledgment of Ed Warner's letter concerning the Town's
seed rafting program and to e~tend best wishes for
continued success with the seed clam program and
transplanting activities.

-239-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
Bluepoints Company, Inc.: 1991 quality hard clam seed
price list. Their seed is guaranteed physiologically
stress free on delivery.
Martin Shea: Acceptance of Lead Agency status by the
Southampton Town Conservation Board for Southampton Town
Trustee Big Fresh Pond Access Site.
Other correspondence not read was noted.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pay for the following
bills out of Trustees' Special Account:
1. Carol O'Gara office worker $845.00

2. Shane's Marine trailer winch $279.95

3. Interstate Batteries battery for M/3 $ 51.95

4. All-Points Marine battery box for M/3 $ 8.66


s. Ronald J. Arcate refund of dock fees $ 84.00

A motion was made by Edward Warner, seconded by


William Frank, and duly carried to purchase a Mita Desk
Top Copier, Model CS-1205, for the Trustees' office at a
cost of $1,235. and, in addition, a box of 24 toner at a
cost of $204. The total of $1,439. to be paid from the
Trustees' Special Account.
A motion was made by Patrick Heaney, seconded by
William Bennett, and duly carried to pass the following
resolution:
RESOLVED, that Permit No. 5342 issued to Barry and
Judith Beil on or about September 19, 1988, is hereby
renewed and extended for a period of one year from the

-240-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
date hereof subject to the applicants paying a new
application fee of $25.00.
A letter will be sent to William Esseks, attorney for
Barry and Judith Beil, advising him of the resolution.
A motion was made by William Frank, seconded by Paul
Parash, and duly carried to pass the following resolution:
WHEREAS, Permit No. 5165 was issued to ·Dr. Ruth
Omabegho on or about March 7, 1986, and
WHER~AS, subsequent to issuance of this permit the
threat of litigation has been made in that it is alleged
that the portion of the catwalk interferes with other
property owners• rights over a claimed right of way, and
WHEREAS, the Trustees are desirous of resolving this
conflict for the benefit of all conCerned,
NOW, THEREFORE, BE IT RESOLVED, that Permit No. 5165
is hereby reaffirmed subject to it being amended to
reflect the removal of all portions of the dock/catwalk
landward of the MHW mark, and
BE IT RESOLVED, that the applicant is directed to
remove said portions of the dock/catwalk within 30 days
from the date hereof.
A letter will be sent to Martin R. Gilmartin, attorney
for Dro Ruth omabegho, advising him of the resolution.
A motion was made by William Bennett, seconded by

William Frank, and duly carried to pass the following


resolution:

RESOLVED, that the Trustees' secretary be, and hereby


is, authorized to publish tne following notice to bidders:
-24l-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
NOTICE TO BIDDERS
NOTICE IS HEREBY given that the Board of Trustees of
the Freeholders and Commonalty of the Town o·f Southampton
will receive bids for construction of a building at
Jackson Avenue, Hampton Bays.
Plans and specifications, as reviewed and approved by
the Town Engineer, are available at the TRUSTEE.S' OFFICE
at Southampton Town Hall, 116 Hampton Road, Southampton,
New York, between the hours of 8:30 a.m. and 4:00 p.m.
Monday through Friday.
All bids are to be submitted in a sealed envelope
accompanied by a Certificate of Non-Collusion.
Said bids shall be submitted up until 4:00 p.m. on
December 14, 1990, and will be opened at a regular
Trustees meeting on December 17, 1990 at 2:00 p.m.
The Trustees reserve the right to reject all bids.
DATED: NOVEMBER 29, 1990 BY ORDER OF THE BOARD OF
TRUSTEES OF THE FREEHOLDERS
AND COMMONALTY OF THE TOWN OF
SOUTHAMPTON, NEW YORK.
William H. Bennett, Secretary
Patrick Heaney reported that he wrote on behalf of the
Trustees to Legislator Fred w. Thiele, Jr. regarding the
water testing of Fish Cove to be done by the Cooperative
Extension and to report that the money allocated to the
Extension for this project is protected. The Fish Cove

project is expected to begin within 3 weeks.

-242-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
William Bennett reported that he spoke to Roy Haje of
go-Consultants who inquired if the Board of Trustees would
be interested in having 6-7 acres of land, with 200 feet
on Dune Road for access purposes, located at Pickett
Point, Westhampton Beach, deeded to them. Mr. Haje told
Mr. Bennett that he spoke to John Petitt, attorney for
Dune Beach Associates, owners of the 12+ acres and it is
their intention to develop 2 or 3 building lots and are
considering deeding the rest of the land to the Town
Trustees. It was the concensus of the Board that, if the
land becomes available, the Trustees would accept the
deeded land. . John wourgola will draft a letter to that
effect to be sent to Mr. Petitt.
William Frank reported that Mecox was still open and
running. He also brought in scallops in assotted si.zes
that he took from r.ong Beach in Noyao for the Trustees to
examine. He then asked for a Board opinion on a problem
he is having with the Genet Creek Association~ He said
early this summer it came to his attention that the
association put in docks without a permit. He wrote to
them in July, advising them to apply for a permit and
received no response. Wrote again in September, this time
to the president of the associcltion, still no response.
John Wourgola ret::ommended that the association should now
be served with a summons and taken to court.
Edward Warner reported that scallops taken from the

Bullhead Yacht Club area were set.

-243-
(Continued, November 19, 1990, BOARD OF TRUSTEES)
The meeting on motion was adjourned.

Respectf.9ll.ty submitted,
~ / /y_
V:/;/ r:.l /.'
'I ;;a/. -·_
.-t<:Y<-t-;rr¥7 i /. ;; " , .
illiam Bennett, Secretary·

PERMITS ISSUED
PERMIT NO·. 5842: is issued to First Coastal Corporation,
agent for SHERMAN, SLEZENGER, KUHN, Dune Road, Quogue, for
use of the Dolphin Lane access road to the beach for
vehicle access during a dune restoration project involving
6 properties in the Village of Quogue.
The following special conditions apply:
l. First Coastal Corporation will hold the Trustees free
and harmless from all liability associated with this
project.
2. First Coastal Corporation will obtain a certificate of
insurance for the Dolphin Lane site naming the Southampton
Town Trustees as the Certificate Holder.
J. First Coastal Coporation will repair and restore any
damage to Dolphin Lane and the associated dune that may
result from this project.
4. First Coastal Corporation will, when the project is
completed, either leave as is or remove the temporary loam
ramp at the end of Dolphin Lane, at the discretion of the
Trustees after full board site inspection.
is issued to William W. Essek.s, Esq.,
& JUDITH BEIL, 73 Dune Road, Westhampton,
to renew Permit No. 5342 to install off the existing
bulkheading, a 3' x 6' ramp leading to a 4' x 10' floating
dock. secured by (2) 8" diameter pilings, off owner's
property on Quantock. Bay, as per determination of the
Board of Trustees made on september 19, 1988. Nothing
shall be construed to allow use beyond dock.. Permit No.
5229 previously issued is void.
PERMIT NO. 5844: is issued to En-Consultants, Inc., agent
for BARBARA METCALF, Montauk. Highway, East Quogue, to
construct a timber dock. consisting of a 4' x 80' fixed
elevated walk. ( 4' above grade of marsh} ; 4' x 14' hinged
ramp and a 6' x 24' float.
shall be maintained
between the structures described in the application and
the westerly bounds of the right of w.ay now or formerly
owned by William Carpenter.
-244-
(Continued, Novembet 19, 1990, BOARD OF TRUSTEES)
2. No tie off poles shall be permitted.
Project is located off owner's property on Phillips Creek,
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5845: is issued to En-Consultants, Inc., agent
for RENATO BERROYA, Basket Neck Lane, Remsenburg, to build
180 l.f. of timber bulkhead within 18" of toe of existing
concrete sea wall. This will place top 2. 5' out as
existing concrete sea wall is angled landward. 30' of
westerly return will be removed and replaced to meet
adjacent bulkhead. Approximately 75 c.y. of clean sand
will be trucked in for backfill.
The following special conditions a~ly:
1. Filter cloth backing isO be installed on the
inside of the new bulkheading to prevent sedimentation
through t&e Wallo
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished. height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located off. owner's property on Moriches Bay,
as per application and survey submitted.
PERMIT NO ..- 5846t is issued to Inter-Science Research
Assoc1ates, IncQ, agent foe HUN~ER GOODRICll, Cobb Isle
Road, water Mill, to amend Permit Noo 5738 to add an
additional 4 1 x 12' ramp and change the 8' x 12 1 fixed
dock to a floating dock. Project is located off owner's
property on Burnett Creek off Meoox Bay, as per
application and survey submitted.

PSRMIT ·NO.;. 5847·: is issued to Costello Marine Contracting


Co., agent for WILLIAM PERSKY, west Drive, North Haven, to
replace 9 inside pilings and 20 fender pilings on existing
dock. Project is located off owner's property on Genet
Creek., as per application and survey submitted.

PERMI~S WITHDRAWN
An application for permit dated July 31, 1990,
submitted by Ronald J. Arcate, agent for ROBERT ARCATE, 20
Penny Lane, Hampton says, to install an 8' x 16 1 float
with 4 poles off ow_ner's property in Shinnecock Bay was
withdrawn.

-245-
DECEMBER 3, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN QALL ON MONDAY, DECEMBER 3, 1990,
AT l P.M.
PRESENT WERE: President, Edward J. Warneri Trustees
William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A~ Heaney, and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of November 19,
1990, were read, amended, and approved as amended.
Gordon Jackson was present to ask why the Trustees
were using taxpayer • s money to further what he believes
i
are private dredging projects such as the Romana Drive
canal. He said many years ago the County did the dredging
and turned creeks into canals which should not have been
done. He said there should be rules and guidelines set up
stipulating what should and should not be done. Patrick
Heaney said the Southampton Town brush jetty which runs
along the side of the mouth of the canal is in total
disrepair plus the Trustees are not dredging iris ide the
mouth of the cove. Furthermore, he said the Trustees have
been in an ongoing dispute with the Romana Drive
Association as to whether or not their canal is private or
public. The deeds for the residents owning waterfront
property read 'that their property runs to and ends at
their bulkhead. Edward Warner stated that the

-246-
(continued, December 3, 1990, BOARD OF TRUSTEES)
present Southampton ta>t map indicates the canal as
Southampton Town property.
Senior Bay Constable John Andersen was present to
discuss the following: He confirmed his order of 85 air
alkaline batteries used for navigational lights from Power
Plus of America at a cost of $16.00 each.
Requested permission to transfer funds from the gas
account tQ the motor repair and equipment accounts so he
could have the motors for the boats winterized and
purchase the two portable radios. His request was
approved.
He went on to say that all buoys and speed signs are
out for the season and the clam racks were removed from
Weesuok Creek.
Requested that the Trustees pay $60.00 to purchase
plywood for signs to be done by the Highway Department in
January, however, the Trustees felt funds should be
transferred from the gas account to also cover this
expenditure.
He said that he and Bay Constable Ted Sadlier put
together new sets of code books and that Bay Constable
Dale Petruska reported he received complaints that a
seaplane has been landing in Hayground Cove. By tracing
the number on the seaplane he located the owner, Mr.
Hirsch, who subsequently will be informed that the landing
of seaplanes in Hayground Cove is not permitted and to
immediately cease this practice.

-247-
(continued, December 3, 1990, BOARD OF TRUSTEES)
He went on to say that Bay Constable Dale Petruska
checked the work being done at the end of Peters Pond Lane
and discovered the payloaders had driven through the dunes
and destroyed the grasses. Mr. Andersen said he spoke to
the contractor and told him to scrape the beach and use

that area for driving around the grasses, which he did.


He said he also checked on prices for a laminating
machine to use for the guides licenses and found they cost
approximately $300. The Trustees felt that due to the
amount of use and cost, it would be wiser to use the
machine in the Town Clerk 1 s office,
He said he read in the East Hampton Star that the Town
of East Hampton intends to build three launching .ramps.
The price quoted was $25,000. for a new concrete ramp and
retaining wall. M.r. Andersen suggested that the Trustees
ask John Johnson to get a set of the plans so they could
see what you would be getting for your money.
Two (2} Applications for permit were approved.
Two (2) Mooring permits were approved.
One (1) Pot permit was approved.
CORRESPONDENCE:
John Turner, Director of the Suffolk county Division
of Natural Resource Management: Nature Preserve Handbook
together with a letter explaining why the County wishes to
control access of off-road vehicles to Clam Island County
Nature Preserve. John Wourgola will reply.

-248-
(continued, December 3, 1990, BOARD OF TRUSTEES)
Dorothy Franc, Center for Management Analysis, Long
Island University: Breakfast invitation with Senator
Alfonse D' Amato to discuss The Economic and Environmental
Consequences of the Persian Gulf crisis. No Trustees will
attend.

Douglas Penny, attorney for Wally and Joyce Oakland:


Letter stating that the property owner has revised its
plans and' no longer seeks to enlarge the existing marina.
Instead, he is requesting issuance of an amended permit to
repair the existing bulkhead, maintenance dredge the
existing marina, construct new docks and install new
mooring piles. John wourgola will reply.
Roger Evans, NYSDEC, Louis McLean Associates, co:
Trustees: letter addessing the DEC~ s request for paving
the Eastport Bay Avenue dock with blue stone instead of
top course asphalt concrete which is specified for the
project.
Robert Thurber, NYSDEC: Notice of incomplete
application regarding the Hayground Cove Inlet dredging
project. John wourgola will reply.
Roy Haje, President of En-Consultants, Inc.: letter
asking Trustees to modify the permit they issued to
Anthony Pirraglia and Robert Rovegno to reflect the
in-kind and in-place replacement of the entire bulkhead
rather than only the southerly portion.
Stephen Hendrickson, NYSDEC: Notice of two public
hearings on the completion of a Draft Policy and Generic

-249-
(continued, December 3, 1990, BOARD OF TRUSTEES}
Environmental Impact Statement on the Division of Marine
Resources Management of Shellfish in Uncertified Areas
Program.
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by Patrick

Heaney, and duly carried to pay for the following out of


the Trustees' Special Account;
l. Carol O' Gar a Office Help $845.00
2. Philip Tocci Clam transplants $600.00
3. Gearwork Replacement stays for barge $ 30.90
4. D. Lee Hayes refund/overpayment of fees $ 10.00
A motion was made by William Frank, seconded by

Patrick Heaney, and duly carried to pass the following


resolution:
RESOLVED, that the Trustees' secretary be, and hereby
is, authorized to publish the following public notice:
PUBLIC NOTICE
At the regular meeting of the Board of Trustees of the
Town of Southampton, held at Town Hall on Monday, December
3, 1990, an amendment to the Rules & Regulations for the
Management and Products of the Waters of the Town of
Southampton, was passed as follows:
ARTICLE V
SECTION 8 - Trustee Docks, Basins
D. No person(s) shall operate or park any vehicle
whose gross weight is in excess of 8, 600 lbs, upon any
dock, wharf, pier or ramp maintained at the expense of the

-250-
(continued, December 3, 1990, BOARD OF TRUSTEES)
Town of Southampton or Board of Trustees, except for
emergency vehicles.
E. No person shall launch or retrieve a vessel of any
type by mechanical device from any dock, wharf or pier
maintained by the Town of southampton or Board of Trustees.
ARTICLE VII

SECTION 3 - Docks, Channels, Basins and Bulkheads


a. Any person eredting a dock/bulkhead or causing a
dock/bulkhead to be erected shall be at all times liable
for any damage or injury sustained by reason of the
erection and maintenance of said dock/bulkhead. All
applicants are required to maintain the structural
integrity of the dock/bulkhead so as. not to cause a threat
to the person or property of others.
Dated December 13, 1990 BY ORDER OF THE BOARD OF
TRUSTEES OF THE FREEHOLDERS

liND COMMONALTY OF THE TOWN

OF SOUTHAMPTON, NEll YORK

William H. Bennett, Secretary


Patrick. Heaney advised the Board he received a copy of
a letter Matthew Drozdoff sent to the us Army Corps of
Engineers removing his objection to the dredging of the
mouth of Romana Drive Canal which should clear the way for
the issuance of the ACE permit for the project. Mr.
Heaney said he would work with John Wourgola to develop a
narative for the work to be done, subject to the Board • s
approval.

-251-
(continued, December 3, 1990, BOARD OF TRUSTEES)
William Bennett reported that be- spoke to Roy Haje, of
En-Consultants agent for Frank Savino regarding Mr.
Savino's proposed dredging project in Apaucuck Creek,
Westhampton, which was turned down by the NYSDEC. A
letter will be written to the DEC in support of this
project as approved by the Trustees. In order to prevent
erosion of the spoil back into the waterway, the Trustees•
permit ca~led for the spoil being stabilized by a rip-rap
border and the elevation of the spoil site being reduced
by means of mechanical removal of several feet of spoil.
A copy of a letter from the Southampton Town conservation
Board, which alsO supports this project, will be included.
Edward warner reported that the dredge was finished at
the Shinnecock Inlet. He also checked the loam ramp at
the end of Dolphin Lane and recommends leaving the ramp as
is. A full board site inspection will be scheduled. He
went on to say that, based on the new budget, he asked
John Andersen to order clams for 1991, the same amount as
last year. He went on to say that he spoke to Tom Samuels
and asked him to come up with a price for a 20 1 x 40 1
concrete ramp to see if it would exceed $10,000. Mr.
Warner said he would like to have a price prior to the
full board site inspection scheduled at the Lobster Inn
for December lOth.
A motion was made by William Frank, seconded by
Patrick Heaney and duly carried to keep the two old
portable radios, currently used by the Bay Constables,

-252-
(continued, December 3, 1990, BOARD OF TRUSTEES)
that are due to be replaced and to have them refurbished
so that the Trustees can use them to reach the Bay
Constables.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED:
PERMIT ·NO• ·5848·: is issued to Land Use Company, agent for
D. LEE HAYES, 42 Oune Roadq westhampton Beach, to
construct a ·4' x 45' fixed dock (minimum of 4' over grade)
consisting of (1) 4' x 25' section and (1) 4' x 20'
section, 3' x 10' ramp and 6 1 x 20' float. Project is
located on owner's property off Quogue Canal, as per
application and survey submitted.
PERMIT NO .. -5849: is issued to Erosion Control, a division
of First Coastal Corporation, as agent for FAY A. MACK,
129 Seafield Point, westhampton Beach, to refaoe 330 l.f.
of existing bulkhead with 2" x 10" x 14 1 CCA planks. The
planks will be jettied in up against existing planks and
secured. The following special conditions apply:
1. To binder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
2. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Quantuck Canal,
as per application· and survey submitted.

-253-
(continued, December 3, 1990, BOARD OF TRUSTEES)
MOORING PERMIS ISSUED
PERMIT NO. 90-200 is issued to Eleanor Ratchelous, 190
Washington Heights Avenue, Hampton Bays, to place a 75
lbs. mushroom and anchor mooring and buoy for a 19' Rhodes
Day Sailer (Reg. No. CT8111T) in Red Creek Pond, under the
direction of Bay constable Kenneth Malone.
PERMIT NO. 90-201 is issued to Robert T. and Dorothea M.
McFarland, Sunset Avenue, East Quogue, to place a 150 lbs.
mushroom and anchor mooring and buoy for a 25' Chris Craft
Inboard (Reg. No. NY4773DR) in Sag Har.bor Cove, under the
direction of Bay Constable Christopher Kohnken.
POT PEaMITS ISSUED
PERMIT NO. PT-26 is issued to William F. Jansen, Jr., 48
Mill Road, Remsenburg, to place pots in east end of
Moriches Bay, Town of SouthamPton waters for 1990.

-254-
DECEMBER 17, 1990

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,


N.Y. WAS HELD AT TOWN liAL:L ON MONDAY, DECEMBER 17; 1990,

AT 1 P.M.

PRESENT WERE: President, Ed~ard J. warner; Trustees

William H. Bennett, Paul w. Parash, William T. Frank,


Patrick A, Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of November 19,
1990, were ~ead, amended, and approved as amended.
At 2:00 P.M. bids were opened for the construction of
a building at Jackson Avenue, Hampton Bays. The bids
received were as follows:
(1) H. Douglas Carlsen $26,000.00

8 East Pond Lane, Eastport


(2) LaDuca Associates, Inc. $38,238.00

1311 Lakeland Avenue, Bohemia


(3) East Area General Contractors $33,333.33

823C North Highway, Southampton


(4) Turf Specialists Corp. $48,717.00

444 St. James Street, Holbrook


(5) Eastern Horizon Construction Corp. $24,000.00

Shade Tree Lane, Aquebogue


{6) Robert Johnsen $34,800.00

4300 Soundview Avenue, Southold


(7) GBD Builders, Inc. $40,800.00

175 Springs Fireplace Road, Easthampton

-255-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
A motion was made by William Frank, seconded by Paul
Parash and duly carried to accept the bid of Eastern

Horizon Construction Corp. as low bidder subject to


comparison with the original specifications by the Town
Engineer, John Johnsen.
Four (4) Applications for permit were approved
CORRESPONDENCE:
Char le,s Guthrie, NYSOEC: Proposing regulation change
for the next license year (lO/l/91-9/30/92) to extend
trout season on Wildwood Lake to a year-round season (the
season is presently closed from December 1 through March
31), implement a 9-inch minimum size limit (there is
presently no size limit for trout) and permit ice fishing.

Mary Jane Asato, Attorney for ·George Tollefsen, Jr.:


Letter serving as a formal withdrawal of the proposal of
The Lobster Inn, Inc. to the Board of Trustees.
Steven Biasetti, Group for the South Fork, Inc.:
Request to waive fees for three mooring permits expiring
in March 1991 for wood duck boxes. The permits in
question allowed them to place nesting structures at the
Quogue Wildlife Refuge, Woodland Lake and Big Fresh Pond.
A motion was made by Edward Warner, seconded by
Patrick Heaney and duly carried to waive the fees for the
renewal of three mooring permits for wood duck boxes
issued to the Group for the South Fork.
Aram Terchunian, Long Island Shore and Beach

Preservation Association: Outline of plans for a dune


restoration project on Southampton Town beaches using
-256-
{Continued, December 17, 1990, BOARD OF TRUSTEES)
Christmas trees collected by the Town. This year • s
project is intended to help stabilize the dune sand which
was placed from the dredging of the inlet this Fall.
John Guldi to Fred Thiele, Jr.; Letter advising that
there is no need for dredging the area surrounding the new
Fish Cove Bridge on Noyac Road as the water depths in the
vicinity of the bridge are 1 foot or more deepei than the
existing ~ater depths inside Fish Cove.
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by William
Frank, and duly carried to pay for the following bills out
of Trustees' Special Account:
1. Carol O'Gara office worker $ 845.00
2. Patchogue Stationery Mita copier/toner $!447.50

3. Wang Laboratories computer workstation $1296.00

4. Thomas R. Guinan, CPA 1990 fee $ 600.00


5. En-Consultants Stark/refund of fees $ 24.00

6. William Frank mileage reimbursement $ 145.50

7. Edward Warner 'mileage reimbursement $ 80.50

8. William Bennett mileage reimbursement $ 49.50

9. Paul Parash mileage reimbursement $ 50.00

10. Patrick Heaney mileage reimbursement $ 210.00


A motion was made by Edward Warner, seconded by Paul
Parash, and duly carried to engage certified public
accountant, Thomas R. Guinan, to {l) prepare a general
ledger printout summarizing cash receipts and

disbursements of the bank accounts of the Trustees,

-257-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
including reconciliation of bank statements, (2) prepare
quarterly financial statements, (3) prepare 1099's
covering non employment compensation, (4) prepare Federal
and State tax returns where required, and (5) consult with
Trustees on tax and accounting matters throughout 1991.
Mr. Guinan's $600.00 fee for 1990 and $1,200.00 fee for

1991 will be paid from the Trustees' Special Account.


A motion was made by Paul Parash, seconded by Patrick
Heaney and duly carried to pass with a 4-0 vote (William
Frank abstained) the following resolution:
RESOLVED, that the Board of Trustees of tbe
Freeholders and Commonalty of the Town of southampton, New
York, hereby adopt the recommendations of the Road Review
Committee in connection with the improvements of Old Sag
Harbor Road for property of Thomas Rosko.
A letter will be sent to the Planning Board stating
that the Trustees agree with the recommendations of the
Road Review Committee.
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to pass the following resolution:

RESOLVED, that the Trustees' secretary be, and hereby


is, authorized to publish the following public notice:
PUBLIC NOTICE
THE BOARD OF TRUSTEES OF THE FREEHOLDERS AND
COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y., hereby give
notice that their meetings will be held on the first and

third Monday of each month in the year 1991, with the

-258-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
exception of those Mondays that fall on a Town holiday, in
which case notice will be published as to the change of
date.
A motion was made by William Frank, seconded by
Patrick Heaney, and duly carried to pass the following
resolution:

RESOLVED, that the Trustees' secretary be, and hereby


is, authorized to publish the following public notice:
PUBLIC NOTICE

THE BOARD OF TRUSTEES OF THE FREEHOLDERS AND

COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y., hereby give


notice that due to a holiday falling on the date of the
regular meeting scheduled for .the third Monday of January,
this meeting will be held on Wednesday, January 23, 1990.
A motion was made by Edward Warner, seconded by

William Frank_, and duly carried to send a letter to the


Town Council requesting that they pass the following
resolution at the next Town Board meeting:
RESOLVED, that the Trustees of the Freeholders and
Commonalty of the Town of Southampton shall be appointed
as Special Bay Constables of the Town of Southampton for
the year 1991 with all duties and authority provided by
the laws of the State of New York.
Edward Warner read the following report from Senior
Bay Constable John Andersen: Sent a list of marinas
located in the ~own of Southampton as requested by the DEC.
I have been trying to reach Jerry Milmoe from L. I.

-259-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
Oyster Farms by phone to order seed clams for 1991 and
have been unable to get through. I sent a letter and am
waiting for a reply.
Steve Tettebach from Southampton College called. They
have 40,000 bug scallops which they are going to plant in

the east end of Shinnecock Bay.


I spoke to John Johnson and he will be leavlng copies
of plans ,on ramps that his company has designed for other
towns to give the Board an idea of what other towns have
done - in case you decide to repair or add a new ramp.
Mecox closed on Friday, December 14. Ocean water will
still run in until the beach builds up.
I am going to be on vacation starting Monday, December
17th till the first of the New Year.
William Frank reported that Sagg Pond is very high and
needs to be opened. A motion was made by William Frank,
seconded by Paul Parash and duly carried to open Sagg as
soon as possible. Bob Terry of Terry Contracting and the
New York State DEC will be notified.
William Bennett reported that the next NYS shellfish
Advisory Committee meeting was going to be held on
December 19th. He said one of the subjects to be
discussed was the effect of New York State budget cuts on
the DEC's shellfish programs and, of particular concern to
him, was the DEC's proposed changes in the scallop season
and size of scallops to be harvested. He went on to say
that the DEC wants to postpone the opening of the scallop

-260-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
season by one month and to prevent the harvesting of
scallOps that do not have growth rings.. Edward warner
said that some scallops get stunted and get deeper instead
of wider a He went on to say that scallops grow faster in
some areas than others and any scallops not harvested will
die anyway in the Spring.
A motion was made by Edward warner, seconded by

William Frank and duly carried to adopt the ·following


resolution, a copy of which will be sent to the NYSDEC
Bureau of Shellfisheries:
WHEREAS, the Board of Trustees of the Freeholders and
Commonalty of the Towri of southampton, NY, are charged
with overseeing the products of the waters of the Town of
Southampton for the benefit of the general public and,
WHEREAS, it ·has come to the attent'ion of the 'I'rustees
that the Scallop Subcomm'ittee has proposed to amend the
local scallop season as well as the regulations for taking
of scallops and,
WHEREAS, the TrusteeS have reviewed the proposal and
are opposed to it in that the proposed amendments will
have a negative economic impact on the shellfish industry
in general and, additionally, the amendments have the
potential for an adverse impact on local scallop
populations,
NOW, THEREFORE" BE I'l' RESOLVSD, that this Board is
opposed to any amendments of regulations either postponing
the scallop season or modifying the current regulations
with regard to growth rings.
-261-
(Continued, December 17, 1990, BOARD OF TRUSTEES)
Edward warner reported that all the permits needed for
the repair of the docks at Bay Avenue, East Quogue and Bay
Avenue, Eastport have been received. He said he spoke to
Supervisor George Stavropoulos about this matter and the
Supervisor will pass a resolution at the next Town Board
meeting to go out to bid in January.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT ·NQ. 5850: is issued to En-Consultants, Inc., agent
for ALLAN GOLDSTEIN, Duck Point Road, Remsenburg, to
reface 198 l.f. of timber bulkhead facing Moriches Bay.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
resheathing has begun, only olean sand or gravel
will be permitted.
Project is located off owner• s property on Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5851: is issued to En-Consul-tants, Inc., agent
for STEVEN STARK, Fisk Avenue, Westhampton Beach, to
install a 4' x 12' hinged ramp off existing bulkhead and
*6' x 24' float secured by (2) 8" pilings. *Note: Maximum
width allowed by Board of Trustees is 6'.
Project is located off owner's property on Moriches Bay,
as per application and survey submitted.

-262-
(Continued, December 17, 1990, BOARD OF TRUSTEES)

PERMIT NO. 5852: is issued to J.M.O. Consulting, agent for


ALVINE M. sTSVENS, 103 Dune ~oad, Quogue, to repair 90' of
existing timber bulkhead by replacing existing stringers
and to Construct · approximately 352 square feet of timber
decking landward of existing bulkhead.
The following special· conditions app.ly if stringers are on
inside of existing bulkhead:
1. Filter cloth backing is to be installed on ·the
inside of the bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the bulkhead shall be a minimUm of ·
four inches below the finished height of the wall.
3. Sh9uld it be deemed necessary to add backfill after
grading has begun, only clean sand or 9ravel will
be permitted. No organic top soils are to be
placed along the inside of the bulkhead.
Project is located off owner's property on Quogue Canal,
as per application and survey submitted.
is issued to LOUIS F. BOTH, 41 Far Pond
, to secure a permit for pre-existing 6'
x ramp.
Project· is locat~d off owner's property on E'ar Pond, as
per application and survey submitted.

-263-
INDEX TO 1991 MINUTES PAGES

A.
Abramson, Paul & Lilyan 383
Allen, Irene 516
Anzalone, Donald 382,424
Apikoglu, Arsalus Sona 472
Applebaum, Ralph 527
Arcuri, Frank 336
Aurelia, John 464,472

B.

Band, Noel 351


Baras, Robert 274
Barr, Thomas 464
Bassin, Gilbert & Doreen 294,383,426
Bela, John c., Jr. 414,440
Bids 270,289,290,524
Big Fresh Pond 328,329,3~2,437
Blume, Eli 460
Boldt, James c. 426
Bonetti (Permit No. 5925) 382
Borrelli, Patricia 439
Boulton, Marianne 426
Brennan, Richard & Diana 325,426
Buckley, Robert 452
Bullhead Yacht Club 359,409,429,441,510
Burns, John 425

c.
Calla, Dominick 495
Cannistraci, John 463
Capone, Anthony 483
Cappelluzzo, R. Michael 266
Carlos, Ben 505
Carter Creek 437,459
Cassidy, Elizabeth 412
Catallo, Frank 452
Cavallo, Stefen 350,439
Cedar Point Lane 508
Ceccarelli, Michael & Eileen 325
Chichielo, Louise 472
Christensen, Peter 352
Christmas Tree Recycling Project 265,266
Churning (Mechanical Soft Shell
Clam Harvesting) 368-69,377,388,405,477
Ciampa, Dominick 335,350
Cianci, Paul 360

1
INDEX TO 1991 MINUTES (Continued) PAGES
Clam Farm, The 461,479
Clam Harvesting/ Softshell 368
Claman, Arnold 286
Clark, C. James & Catherine M. 462
Club Lane Estates 297-298
Cold Spring Pond 355
Condren, William T. 506
Co-Operative Corporations 371
Copen, Lauren 517
Corcoran, Farrell J. 463,526
Corr, Joseph 494
Cowan, Howard & Roni 324
Crooked Pond, Access to 417
Cuey Marine 510

o.
D'Amato, Lawrence 495
Damiecki, Marcel 337
Davis, Ralph 506
Deerfield Path 466
DeFalco, Bernard 401
DaLessio, Thonias 464,472
DelRey, Alfred 507
Demetrio, Br'uno 494
Dinerf Harry 324
Dornfeld, Jerome 447
Dowling, Richard 400
Doyle, Everett J. 484
Dredging (Priority List 1991) 269,270,470
oruek, Jeffery 335,349
Ducks, Killed Crossing Road 380
Duffy, James 352,359

E.

Eastport Bay Avenue Docks 372


Edelman, Andrew 336
JUghanyan, Kamran 296
Elliston Park 348
Ember, Norman 350
Epstein, Diana 473,496

F.
Fabiano, Paul 508
Fagras, Erne!Jt 308
Farrell, Richard 385,403
Fields, Stephen 413

2
INDEX TO 1991 MINUTES (Continued) PAGES
Finestone, Everett 318
First Coastal Corporation 500
Fish Trap Permits Denied 280
Fish Trap Permits Issued 279,288-89,320,340
474-75
Fish Trap Permits Renewed (1991) 279
Fordune Property Owner's Association 309
Four Shamrock Trust/
Regina Ullendorff, Trustee 473
Four-Wheel Drive Vehicle Abuses 443-44,487
Francolini, James 515
Frank, William T. . 341-42, 380
Freedman, Mark & Renay 361
Fresh Pond 520

G.

Gale, Ian 425


Gallo, Robert 307
Garber, Samuel 413
Genet Creek Association 296
Georgeson, Thelma 366
Gertz, Jerrold 361,414,418
Giachetti, Al 308
Gill Net Laws 367-68
Gill Net Permits Issued (1991) 340,426,453
Glick, Barry 384
Gluck Ventures Ltd. 401,505
Goutal, Jean & Toni 414,426
Greenfield, Van 427
Gristina, Carol 402
Grosz, Ivan 352

H.
Hampton Grove Beach Association 443
Hanisch, Mary 412
Haselkorn, Bonnie & Michael 423
Hayground Cove Inlet 282,410,417,438,499
Henry-Sullivan, Charlotte 439
Hidden Cove Resort 507
Hildreth, Mary Ann 516
Hildreth Road 298-99
Hlawltschka, Dorothy 411
Hooke, Robert 487,494
Hunting Activities, Proposed Ban 499
Hyman, Julia 473

J.

Jamieson, James 373

3
INDEX TO 1991 MINUTES (Continued) PAGES

Millstone Brook Road 421,52~


Moisa, Joseph 274,335
Monaghan, William 486
Montagni, Henry J. 401
Mooring Permits Issued 276-77,287-88,296,
310-11,319-20,326-27,
337-39,352-54,362-64,
374-76,385-87,403-04,
414-16,427-28,441-42,
452-53,517,527
Morrow, Don 383
Mulscan Associates 336

N.

Nagle, Alex 515


National Golf Links of America 275
Nessim, Raymond 297,312,330,356,366
377,389-~6,424
New York Telepbone·Company 286,384,505
Newfy, Inc. 517
Northampton Colony Yacht Club Marina 275
Noyac Creek 334
Noyac Marina, Inc. 351

o.
Oakland, wally & Joyce 281,289,295,349,493
O'Donnell, John & Francine 414
Old Harbor Colony Property Owners 264
Old Noyac Road 312
Old Squires Road 299,312
Oliver's cove Homeowners' Association 325
Oppenheimer~ Henry 373,383
O'Shaughnessy, Ralph & Florence 498
Osprey Poles and Platforms 303,311,477,517
Oswald, Margaret 423
overs, William 487
Oyster Transplant 306,317,3'48,519

P.
Palmer, Mary 486
Pape, Mabel 308
Peconic Bay Beach, Closing of 443-45,454-56
Pell, William 307
Philbin, Gerald 350
Pine Neck Landing Association, Inc. 318
Pinesfield Association 437,458
Pizzuti, John 527

5
INDEX TO 1991 MINUTES (Continued) PAGES
Point House Condominium 413
Police Department Training Classes 283,303
Porco, John 318, 324, 385, 44·1
Porpora, Michael 300
Pot Permits Issued 279,320,327,339,365
387,404,428,453,507
Pot Permits Renewed (1991) 278,289,327
Pressman, James 497
Public Hearing Notices 330,334

Q.
Quogue Village Law 367

R.
Reinhardt, Michael 349
Resolutions 270,272,306,314,371
432-34,450,518,523-24
Riverhead Estates Civic Association 308,401
Robinson, Paul 317
Romano Cove 359
Romano Drive Association 323
Rousso, Irving L. 507
Rubsamen, Theodore & Caroline A. 463
Rules and Regulations 434-37

s.
Sagaponack Pond 272-73
Sagg Pond {Cut Opened) 293,301,323,451,460
492,503,509
Sandpiper Court Associates 515
Scalera, Orlidia & Adelmo 439
Scallop Transplants 398-99,479,504
Schiavoni, David T. 337
Schick, Nicholas 295
Schmitz, Joan 517
Schwimmer, Louis 352
Seed Clams 267,293,301,333-34,347
479
Setteducati, Beltrany 463
Shapiro, Arthur 497
Shapiro, Stuart 485
Shaw, Joanne 382
Shellfish Advisory Committee Meeting 294
Shellfish Nursery Project 479
Shinnecock Fish Dock, Inc. 309
Shinnecock Inlet 300,511
Shumejda, Jeffery 336
Sichel, Peter & Stella 506

6
INDEX TO 1991 MINUTES (Continued) PAGES

Simes, Marvin 424


Sipress, Ron 296
Smith, Arthur 448
Smith, Randall & Kathryn 276
Smolens, Daryl & Michael 474
South ~ark, Group for the 303,311
Southampton Bayman's Association 518
Southampton Shores 487
Sprig Tree Path 292,306,321,328,342-45
Stahl, Robert 325,464
Stark, Steven 2.76, 295,351
Stauter, Barbara 486
Stevens, Whitney & Helene B. 440
Stocking of Ponds 333,421,469
Strough, Scott A. 523
Suffolk Dept/Public Works (Permits) 360,497
Sutphen, Martha 351
Sweet, Christopher & Charlotte 439
Szarejo, Chester 295

T.
Tallarico, Alex 411, 440
Taylor, DuPratt & Elizabeth 425
Timpson, Hilles 295,382
'Tishelman, Edward 384
Tolffsen, George 385
Topping, Raymond 309
Totah, Raphael & Denise 486
Towd Point Dock 418,480
'l'own of Southampton (Permit 5857) 275
Training Course for Bay Constables 301-03
Trautwig, Al 318
Triple D. Associates 287v300,474-75,507
Triton Lane 520-21
Tritt, Ann 444
Trustee Roads 292,298-99,306,400,445
Tweed, Gary 412

u.
v.
Vahradian, Mardooni 380
Volpe, Joseph 324,384

w.
Walsh, Dorothy & William 484
Waters Edge Civic Association 385,423,521
Weickert, John 472

7.
INDEX TO 1991 MINUTES {Continued) PAGES
Weiner, Stephen & Nan 495
Weiskopf, Daniel 413
Weiss, Sue 493,503
Westhampton Association, Inc~ 402
Wolkoff, Marty 324
Wreck Channel 520

X.

Y.

z.
Zaloga, Edmond 356
Zebrowski, Dolores 448

8
JANUARY 7, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, JANUARY 7, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. warner1 Trustees
William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of December 17,
1990, were read, amended, and approved as amended.

Raymond Penny, President of Old Harbor Colony Property


Owners Association was present along with his wife, Julie
Penny, Norman Gundersen, Vincent Coppola and Kathleen and
Richard Ulrich. He said they represent the 86 homeowners
in Old Harbor Colony, Hampton Bays, who pay quite a
considerable sum of tax revenue to the Town and have come
to request assistance from the Trustees in dredging the
mouth of their private lagoono He stated this area keeps
closing from the tidal action of the bay bottom and has
become nearly impassable. Also, they would like the
Trustees help in putting in a brush jetty and navigational
aids in Smiths Creek. Mr. Penny went on to say that their
association has all the necessary permits from the
Trustees, NYSDEC and Army Corps of Engineers and would
like treatment equal to what the Trustees gave the Romana
Drive Association. John Wourgola stated that the Romana

-264-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
Drive lagoon is Town bottom whereas the Old Harbor Colony
lagoon is private bottom. Furthermore, Edward Warner said
that the Old Harbor Colony homeowners have riparian rights
to the middle of the lagoon and no boat could drop anchor
in their lagoon or they would be trespassing. Patrick
Heaney told the group that there are disadvantages to

having a brush jetty built. He said it would only move


the shoaling problem further off shore. He reminded Mr.
Penny that, if they elect to build a brush jetty, any
maintenance of the jetty would be the homeowners'
responsibility. Mr. Warner said that no funds were
available, however, in view of the public benefit to be
served by this dredging project, and, further, in view of
the fact that the association is paYing for the entire
cost of this project, the Trustees could waive the yardage
fee. He said this project serves a clear public benefit
and is distinguishable from a dredging project, of a
commercial nature which would serve only to financially
benefit one person. A motion was made by Edward Warner,
seconded by William Bennett and duly carried to waive the
entire fee for yardage. Edward Warner also said, in the
Spring, he would have Sr. Bay Constable John Andersen
install navigational whips to mark Smiths Creek channel to
the mouth of their private lagoon.
Aram Terchunian of the Long Island Shore and Beach
Preservation Association was present to discuss their

Christmas tree recycling project that took place at the

-265-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
Shinnecock Inlet, from Road H west, on Saturday, January
5th. He said over 200 trees were placed in the dunes to
help collect sand and enCourage beach grass growth. In
addition, 2, 000 feet of snow fencing was given to them by
Suffolk County and Riverhead· Building Supply Company

donated 2" x 3' poles. He said they were very happy with
the turnout of volunteers and invited the Trustees to come
and toss a tr~e in the dunes next Saturday, January 12,
which is the final day of their ptoject. He went on to
say that the parklng lot near Road ·u needs help. Cars are
parking over the edge of the asphalt road and destroying
the grasses. lle said cOncrete parking bumpers need to be
placed along the edge of the road. William Frank told him
that his request falls under the jurisdiction of the
Highway Department and to call the Superintendent, William
Masterson.
R. Michael Cappelluzzo appeared before the Board to
discuss his application to moor his 28'6" boat in Wooley
Pond~ His mooring application was turned ·aown by the Bay
Constable due to the size of his boat. Mr. Cappelluzzo
said his boat has been docked at a marina in wooley Pond
since 1968, however, the marina again raised its rates for
his· boat slip making it just too expensiV'e for him a
Edward Warner said that the Trustees' Rules and
Regulations clearly state that no mooring shall be issued
for any vessel in excess of 26' on any ponds or creeks in
the Peconic Bay estuary and no exceptions can be made. A

-266-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
motion was made by Paul Parash, seconded by William Frank
and duly carried to deny R. Michael Cappelluzzo 1 s
application for mooring in Wooley Pond. His $75a00 check
will be returned.
Senior Bay Constable John Andersen was present to
discuss the following: He is having a problem in
obtaining 14-18 mm seed clams. He said his usual source,
the L. I. Oyster Farm, went out of business and both The
Clam Farm and Blue Point Clams sell seed clams but only up
to a maximum size of 8 mrn, which are too smalla Edward
Warner suggested that he call the Town of East Hampton and
ask where they purchase their seed clamsa
He requested permission from the Trustees to draw up
specs and go out to bid for both a new 4WD vehicle and a
70 HP boat motor. Permiss~o~ was granted.
He said he is working on the Bay constable Annual
Report which should be ready for the next meetinga
Six (6) Applications for permit were approved.
Two (2) Applications for permit were denied.
Two (2) Fish Trap permits were approved.
Twenty-two (22) Fish Trap permits were renewed.
One (1) Fish Trap permit was denied.
Three (3) Pot permits were approved
Twenty-one (21) Pot permits were renewed.
Eighteen (18) Mooring permits were approved

-267-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
CORRESPONDENCE:
Martin Gilmartin, Attorney for Dr. Ruth Omabegho:
Request that the time for the completion of the work on
the dock and catwalk be extended until May 31, 1991. The
Trustees unanimously agreed that the dock must be removed
immediately. John wourgola will send a letter to Mr.
Gilmartin.
Thomas Samuels, President of James H. Rambo, Inc.:
photos of Mecox taken on December 5, 1990.

Long Island Shore and Beach Preservation Association:


notification of dates and times of their Christmas tree
recycling program to build up the fragile dunes at the
Shinnecock Inlet.
John Wieland, NYSDEC, Roy Haje of En-Consultants, cc:
Trustees: letter regarding application for maintenance
dredging at boat ramp/Fish Cove.
James Walker, Inter-Science Research Associates:
request by the NYSDEC that the Trustees be listed as an
applicant regarding the Hayground Cove/Mecox Inlet
dredging. The Trustees will provide a letter of
authorization to allow the processing of the application
and to allow maintenance dredging to be conducted on Town
owned bottom lands.
NYSDEC: Application for renewal of Shellfish Culture
Permit for calendar year 1991. A motion was made by
William Bennett, seconded by William Frank and duly

carried to have the President, Edward warner, sign the


renewal form.
-266-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
NYSDEC: Notice of extension of public comment period
for the Division of Marine Resources Draft Policy and
Impact Statement on Management of Shellfish in Uncertified
Areas Program until January 14, 1991. A letter will be
written to stephen Hendrickson, NYSDEC Bureau of

Shellfisheries stating that the recommendation of the


Board is that their draft statement as written should
remain as is and that all transplants 1n the Town of
Southampton are going fine and have been successful.
Kermit Graf, Cornell Cooperative Extension: letter of
thanks for Trustees' support during their budget crisis.
Kenneth Thommen, Town Clerk! Resolution allowing Bay
Constables Andersen, Sadleir, Malone, Petruska and Rose to
carry their vacation time into 1991.
Roy Haje, President of En-Consultants, Inc.: Request
for lead agency status by the NY~DEC regarding Big Fresh
Pond access site. John wourgola will send a letter to ,,.,the
Conservation Board requesting that they assume lead agency
status.
Other correspondence not read was noted.
The Dredging Priority list for 1991 was prepared. A
letter will be sent to Joseph Hurley, Commissioner,
Suffolk County Oepartment of Public works requesting that
the following areas be dredged in 1991:
l. Mill Creek 6'
2. North Sea Harbor 8. outside
3. Cold Spring Pond 8'

-269-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
4. Noyac Creek 8'-10' islands in channel
s. wooley Pond 8'

6. Sag Harbor Cove 8' main channel


7. Smith Creek B' outside
B. Fresh Pond (Herne Oaks) 6'
9. Red Creek 8'
10. Middle Pond 6'
11. Far Pond 6'
12. Speonk Point canal 6'
A motion was made by William Bennett, seconded by

William Frank, and duly carried to pass the following


resolution:
RESOLVSD, that the Trustees 1 secretary be, and hereby
is, authorized to publish the fOllowing notices:
PUBLIC NOTICE

THE BOARD OF TRUSTEES OF THE FREEflOLDERS AND


COMMONALTY Of THE TOWN OF SOU'rHAMPTON, N.Y. hereby give
notice, that the Town holiday for WashingtOn's Birthday
falls on February 18, 1991, the date of their regularly
scheduled meeting, therefore, there will be only one
meeting in February, that being on February 4, 1991.
NOTICE TO BI~~ERS

NOTICE IS HEREBY GIVEN, that the TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
will receive bids for one (1) 1991 Four Wheel Drive
Vehicle and one {1) 1991 70 HP Outboard Motor to include

the trade-in of one (1) 1986 40 HP 20" shaft Johnson

outboard motor.
-270-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
Specifications which are available to the public at
the Trustees Office at southampton Town Hall, 116 Hampton
Road, Southampton, N.Y., between the hours of 8:30 A.M.
and 4 P.M., Monday through Friday.
All bids to be submitted in sealed envelopes,

accompanied by a non-collusion clause. Bids to be opened


at a regular Trustee meeting to be held at Town Hall on
February 4, 1991 at 2 P.M. and must be submitted to the
Trustees Office prior to 10 A.M. the day of said meeting.
The Trustees reserve the right to reject all bids.
A motion was made by Patrick Heaney, seconded by
William Bennett, and duly carried to pay for the following
out of the Trustees' Special Account:
l. Carol 0 1 Gar a office help $1,267.50

2. Harold Kennedy, Jr. refund/overpayment of fees$ 10.00


3. Hampton Bays Fire District 1 table/5 chairs $100.00

4. Randall Smith refund of dock fees $120.00

William Bennett said that he attended the December


19th meeting of the NYS Shellfish Advisory Committee and
was happy to report that, after much discussion, the DEC
decided to leave the scallops laws the same and not ntake
any changes.
Patrick Heaney introduced the following resolution
which recommends that the NYSDEC amend the Nonpoint Source
Water Quality Assessment List contained in the Nonpoint
Source Assessment Report prepared pursuant to the Federal

Clean Water Act to include sagaponack Pond situate in the


Hamlet of Bridgehampton, Town of Southampton.
-271-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
A motion was made by Patrick Heaney, seconded by
William Bennett and duly carried 3-2 (Edward Warner and
William Frank were opposed) to pass the resolution, a copy
of which will be sent to Philip DaGaetano, Director of
NYSDEC Bureau·· of Water Quality Management:

WHEREAS, the Southampton Town Trustees are charged


with the stewardship of underwater lands including
Sagaponack Pond and,
WHEREAS, the ecological well being of surface waters
is of principal concern to the Southampton Town Trustees
and,
WHEREAS, Sagaponack Pond located in the Hamlet of
Bridgehampton has historically provided important
economic, aesthetic and recreational opportunities for the
residents of Southampton and,
WHEREAS, the Town of Southampton Depattment of
Planning and Natural Resources has completed an

environmental assessment and study of Sagaponack Pond


which found that nearby agricultural land use may play a
role in the nutrification of Sagaponack Pond and,
WHEREAS, the Southampton Town Trustees suspect that
the primary pollutant of surface waters of Sagaponack Pond
to be nutrients and,
WHEREAS, the Southampton Town Trustees suspect that
the severity of the impact to be moderate to severe and,
WHEREAS, the Southampton Town Trustees believe that

the use impaired by the primary pollutant of surface


waters of Sagaponack Pond to be fishing and aesthetics and,
-272-
(Continued, January 7, 1991, BOARD OF TRUSTEES)

WHEREAS, the Town's study found overland farmland


runoff to Sagaponack Pond to be concentrated at the
southeastern ramp to the bridge at Bridge Lane and,
WHEREAS, Sagaponack Pond is not included in the
Nonpoint Source Water Quality Assessment List found in the

Nonpoint Source Assessment Report prepared by the New York


State Department of Environmental Conservation,
NOW, THEREFORE, BE IT RESOLVED, that the Southampton
Town Trustees recommend to the NYSDEC Division of Water,
Bureau of Water Quality Management that Sagaponack Pond be
included in the Nonpoint source Assessment Report prepared
by the NYSDEC pursuant to the Federal Clean Water Act and,
BE IT FURTHER RESOLVED, that the Southampton Town
Trustees recommend to the ~YSDEC Division of Water, Bureau
of Water Quality Management that surface runoff be
designated the primary problem source to the surface

waters of Sagaponack Pond.


William Frank stated that the Genet creek Association
will be served with a summons by the Bay Constable for
failing to apply for a permit to replace docks off its
property in North Haven shores.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary


(Continued, January 7, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
PERMIT NO. 58.54: is issued to En-Consultants, Inc., agent
for JOSEPH MOISA, 43 West End Avenue, East Quogue, to
replace (within 18") 62 1.£. of bulkhead. Dredge an area
5' in front to a maKimum depth 4 1 below MLW.
The following special conditions apply:
1. Filter cloth: baoking is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will not be used for backfill. No
organic top soils are to be placed along the inside of
the new bulkhead.
4. Dredged spoil will be trucked to suitable spoil site.
5. Trustee Patrick Heaney must inspect the work prior to
backfilling.
Projec.t is located on owner's property off Daves Creek, as
per application and survey submitted.
PERMIT NO~ 5855: is issued to En .. consultants, Inc., agent
for ROBERT BARAS, 19 Old Point Road, Quogue, to. replace
(within 18") 160.6 l.L of existing timber bulkhead.
Reface (2) returns (4.3' a:na 47') forming a slip on n/s
property. Dredge a 10 1 x 10 1 area to 2.5 1 below MLW at
mou·th of slip to keep small boat. 200 c~Y· of olean sand
to be trucked in from upland source to be used for
backfill.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will not be used for backfill. No
organic top soils are to be placed along the inside of
the new bulkhead.
4. Dredged spoil will be trucked to suitable spoil site.
Project is located on owner's pro~;~erty off Phillips Creek,
as per application and survey subm1tted.
is issued to Mookridge General
for HAROLD KENNEOY, JR., 64 Harbor
Beach, to reconstruct 94 1. f. of timber
construct a 4' x 60' walkway.

-274-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
~he following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will not be used for backfill. No
organic top soils are to be placed along the inside of
the new bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO~ 58'571 is issued to Suffolk County Department of
Public Works as agent for THE TOWN OF SOUTHAMPTON, to
perform maintenance dredging of the entrance channel to
Mill Creek in the Town of Southampton, as per application
submitted.
(See Permit No. 3625, dated March 1, 1982 for survey map)
PE:mtiT NO~ 5858: is issued to costello Marine Contracting
Corp., as agent for NORTHAMPTON COLONY YACHT CLUB MARINA,
Noyac Bay A~enue, Sag Harbor, to replace (3) 2-pile
dolphins that secure floating docks. Replace piece of
styrofoam on one float.
The following special conditions apply:
1. New Dolphins are to be replaced in exact place of
those removed.
Project is located on owner's property off Mill Creek, as
per application and survey submitted.
7-liiiir"-';.,;i,s••
issued to James H. Rambo, Inc., agent
T LINKS OF AMERICA, Sebonac Road,
Southampton, to repair 450' of existing bulkhead.
Resheath where necessary from inside and install filter
cloth. Repair/replace pipe under Sebonac Inlet Road.
Incidental dredging to recover fill lost by leaks in
bulkhead will be about 200 c.y.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will be trucked to suitable spoil site.
4. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner's property off Sebonac Creek,
off Bullhead Bay, as per application and survey submitted.

-275-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
PERMITS DENIED
An application for permit from En-Consultants, Inc.,
agent for STEVEN STARK, Fisk Avenue, westhampton Beach, to
amend Permit No. 5851 to construct an 8' x 20' float
secured by ( 3} 8" pilings instead of the approved 6' x 24'
float was denied without prejudice. The maximum width
allowed by the Board of Trustees for a floating ·dock is
six' feet.
An application for permit from Land Use Company, agent
for RANDALL D. AND ~ATHRYN S. SMITH, Captains Neck Road,
Southampton, to amend Permit No. 5736 in include the
construction of (2) additional 6' x 20' floats to the
previously approved dock assemb1y was denied without
prejudice. The Board of Trustees feel this is too
excessive for Heady Creek.

MOORING PERMITS ISSUED


PERMIT NO. 91-1 is issued to Group for the south Fork, Box
569, Bridgehampton, to plaCe a meta:! pipe in Big Fresh
Pond, North Sea, Town of Southampton, to secure a ''WOOD
DUCK BOX" nesting structure, as per application and survey
submitted.
PERMIT NO. 91-2 is issued to Group for the South Fork, Box
569, Bridgehampton, to place a metal pipe in Woodland
Lake, Quogue, Town of Southampton, to secure a "WOOD -DUCK
BOX" nesting structure, as per application· and survey
submitted.
PERMIT NOo 91-3 is issued to Group for the South Fork, Box
569, Bridgehampton, to place a metal pipe at the Quogue
Wildlife Refuge, Quogue, Town of Southampton, to secure a
"WOOD DUCK BOX" nest.ing structure, as per application and
survey submitted.
PERMIT NO. 91-4 is issued to David H. Foster, 60
Shinnecock Road, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16' Boston Whaler (Reg. No.
NY 1093 BN) due east of owner's property in Shinnecock
Bay, under the direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-5 is issued to Dennis M. Gars tang, lOlA Old
Riverhead Road, Hampton Bays, to place a 150 lbs. mushroom
anchor mooring and buoy for a 23' 0 1 Day Sailboat
"Horizons" (Reg. No. NY 8486 PC) in Red Creek Pond, under
the direction of Bay Constable Kenneth-Malone.

-276-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-6 is issued to Marie L. Goodwin, Edgemere
Drive, Roses Grove, Southampton, to place a 100 lbs.
mushroom anchor mooring and buoy for a 22 1 Seaward
sailboat "Joy II" (Reg. No. NY 2346 PK), in Wooley Pond,
under the direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-7 is issued to Robert J. Hammel, 171
watermill Towd Road, Watermill, to place a 250 lbs.
mushroom anchor mooring and buoy for a 25 1 Irwin sloop
"Nimbus" (U.S.C.G. Poe. No. 565377), in Bullhead Bay,
under the direction of Bay Constable Christopher Kohnken.
PERMIT NO~ 91-8 is issued to Thomas Jeffrey, 407M Poplar
Street, Noyac, Sag Harbor, to place a 50 lbs. mushroom
anchor mooring and buoy for a 15 1 Mako (Reg. No. NY 4301
GN) in- Mill creek, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO~ 91-9 is issued to Edward T. Joyce, 24 Seagate
Avenue, westhampton, to place a 200 lbs. mushroom anchor
mooring and buoy for a 23' Sailboat 11 Physty" (Reg. No. NY
3243 PN) in Bullhead Bay, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-10 is issued to Anton G. Kovary, Jr., 3
sandy Court, Hampton Bays, to place a 200 lbs. mushroom
anchor mooring and buoy for a 26' Pearson Sailboat
"Manatee" (Reg. No. NY 2068 EX) in Bullhead Bay, under the
direction of Bay constable Christopher Kohnken.
PERMIT NO. 91-11 is issued to Edward A. Schildknecht, 51
Ridge Road, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 16.9' 0 1 Day oaysailer "In
Sight" (Reg. No. NY 8347 PP), off Atterbury Road in
Shinnecock Bay, under the direction of Bay Constable Dale
Petruska.
PE:QMIT NO. 91-12 is issued to Walter Kronimus, 34 Roses
Grove Road, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 22 1 Sailing Sloop Argo"
(Reg. No. NY 8813 BX) in Wooley Pond, under the direction
of Bay Constable Christopher Kohnken.
PE:QMIT NO. 91-13 is issued to Gary J. Valentine, 1384 Oak
Street, Noyao, to place a 100 lbs. mushroom anchor mooring
and buoy for a 17 1 Wellcraft "Hope" (Reg. No. NY 6023 DB)
in Mill Creek, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-14 is issued to Arthur H. Folz, 46 East
Tiana Road, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 18' Open Yawl "Drascom Be
Lugger'' (Reg. No. NY 7058 EE) , in front of owner's
property in Tiana Bay, under the direction of Bay
constable Kenneth Malone.
-277-
(Continued, January 7, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-15 is issued to Vincent Liot, Cedar Point


Lane, Noyac, Sag Harbor to place· a 250 lbs. mushroom
anchor mooring and buoy for a 25' Choy Lee Sailboat ''Tern"
(Reg. No. NY 1895 GJ), in Mill creek, under the direction
of Bay Constable Christopher Kohnken.
PERMIT NO. 91-16 is issued to Charlotte and Stephen
McLaughlin, 1064 Noyac Road, Sag Harbor, to place two ( 2)
wooden stakes for an 8' Dyer Dinghy (Reg. No. NY 4558 CF)
at the end of Maple Lane in Noyac creek, under the
direction of Bay Constable Christopher Kohnken.
PElUIIT NO~ 91-17 is issued to Howard Pickerell, Jr., West
Trail Road, Water Mill, to place a· 500 lbsQ mushroom
anchor mooring and buoy for a 32' Commercial ~ishing
Vessel "Lady Diane" (Reg. No. 680935) in the southeast
corner of Wooley Pond, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-19 is issued to Howard Pickerell, Jr., West
Trail Road; Water Mill, to place a 150 lbs. mushroom
anchor mooring and buoy for a 16' Garvey or Bait Car (Reg.
No. NY 4667 EY) r in the southeast Corner of Wooley Pond,
under the direction of Bay Constable Christopher Kohnken.

POT PERMlTS RENEWED


Pot Permits were renewed. fOr 1991 for the following:
Melvin T. Albin
Theodore G. Anderson
John AppUzo
William Bennett
Christopher H. Butterfield
Asa Cituk
Charles Wesley Frye
William G~ Honegger
William F. Jansen, Jr.
Walter- Lane
James w. Lashuk
Robert Lester
John B. Mampreyan
Michael Mampreyan
Howard G. Olsen
John F$ Raynor
Samuel L. Rispoli
Henry Schwab
Paul H. Smith
Fred Thode
Robert Weinreb

-278-
(Continued, January 7, 1991, BOARD OF TRUSTEES)
POT PERMITS ISSUED
PERMIT NO. PT27 is issued to LOUIS C. FERRANDO, 55 Grant
Boulevard, Hampton Bays, to place pots on Trustees' bottom
in Town of Southampton waters for 1991.
PERMIT NO. PT28 is issued to HENRY SCHWAB, 525 River leigh
Avenue, Riverhead, to place pots on Trustees' bottom in
Town of Southampton waters for 1991.
PERMIT NO. PT29 is issued to EUGENE N. HUBBARD, 470 Main
Road, Westhampton Beach, to place pots on Trustees' bottom
in Town of Southampton waters for 1991.

FISH TRAP PERMITS RENEWED


Fish Trap Permits were renewed for 1991 for the following:
Paul Behrmann
Donald Bennett, Sr.
William Bennett
John ·Bergenti
Robert Bourguignon
John Eckart
Eugene Hubbard
Dougl.:;as Jayne
Jeffrey Kraus
Walter Lane
Robert Lester
Charles Mades
Donald Sausser
George Schellinger
Paul Smith
Charles Stiansen
Norman St.iansen
Philip Tocci
Edward J. Warner
Edward J. Warner, Jr.
J. Vincent Warner
George Wayne

FISH TRAP PERMITS ISSUED


PERMIT NO. FT-216 is issued to DOUGLAS JAYNE, 1 Jay Court,
Hampton Bays, to place a fish trap in Reeves Bay, on
northeast corner of large island ... 500' overall, as per
applicants marker on Trustee map, Southampton Town waters
for 1991.
PERMIT NO. FT-217 is issued to DOUGLAS JAYNE, 1 Jay Court,
Hampton Bays, to place a fish trap outside of Birch creek
on the west side - 500' overall, as per applicants marker
on Trustee map, southampton Town Waters for 1991.
-279-
(Continued, January 7, 1991, BOARD OF TRUSTEES)

FISH TRAP PERM~T DENIED


An application for permit submitted by Capt. William
J. Whiting, c/o Indian cove Marina, Hampton Bays, was
denied pending more proof of residency.

-280-
JANUARY 23, 1991

TfJE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON WEDNESDAY, JANUARY 23, 1991,

AT 1 P.M.
PRESENT WERE: President, Edward J. Warnerr Trustees
William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of January 7, 1991,
were read, amended, and approved as amended.
Bob Barry representing Wally and Joyce Oakland was
present to discuss the reinstatement of Permit No. 5790
which was revoked on September 9, 1990. He said the
applicants have since applied to the Town Planning Board
for site plan approval and they would like to start
working on this project so the mar ina can be operational
by the summer. Edward warner stated that the Trustees
cannot approve any new construction before site plan
approval, however, if the applicants submit a new
application strictly for replacement of deteriorated
existing decks and piles, that application would be
approved. Mr. Barry said he would come back the next day
with a modified application for permit.
James Walker of Inter-Science Research Associates was
present on behalf of Cliff Robertson to update the Board
on the status of their client's application to the DEC for

-281-
{Continued, January 23, 1991, BOARD OF TRUSTEES)
the dredging of Hayground Cove inlet. The holdup,
according to Mr. Walker, is the fact that the DEC will not
issue permits for any new dredging and will not consider
the project as maintenance dredging unless the inlet has
been dredged since 1965. He went on to say that Sr. Bay
Constable John Andersen has been very helpful in
researching the Trustees' records only to find that the
last recorded dredging of the inlet took place in the
1950's. According to Mr. Andersen, in April, 1973, the
records show that the Board had no plans to dredge the
inlet as they were told by the DEC that to do so would
disturb the duck sludge and bottoms in that area. ln
April, 1977, the records show there was a State moratorium
on maintenance dredging and effectiVe January, 1978, the
State closed all of Mecox Bay to shellf is bing. Copies of
the old records were given to Mr. Walker. Edward Warner
said until the dredging is done he would have navigational
whips installed in the inlet to help keep boats off the
sand bar.
Sr. Bay Constable John Andersen was present to discuss
the following: He is· in."stalling a new wooden bed over the
deteriorating metal ·bed on the pick up truck.
The bids for a new 70 HP motor were advertised to be
submitted by February 4th.
The machines at the Highway Department could not make
the lettering size for the signs we wanted, however,

Scopinich Sign Works made our 24 signs at cost and did a

-282-
(Continued, January 23, 1991, BOARD OF TRUSTEES)
good job. A letter will be sent thanking Dick Scopinich
for billing us at cost.

The Highway Department cleaned the East Quogue Bay


Avenue ramp.
All the Bay Constables will be attending free classes

given by the Police Department on radar, defensive


tactics, narcotics and mace.
I contacted the Town of East Hampton, only to find
that they raise their own seed clams and the clams are not
for sale.

He asked when would the construction of the new


Jackson Avenue building be started. John Wourgola said
the low bidder is forwarding a contract to hiS office.
He requested permission from the Trustees to purchase
six collapsible nightsticks for the Bay Constables at a

cost of $30.00 each. Permission was granted.


He took pictures of the ramp in North sea.
He asked if there would be clam or oyster transplants
this year from uncertified to certified waters. Edward
warner said there is a Shellfish Advisory Committee

meeting sceduled for February 7th at the Trustees' office


in Town Hall with the baymen at which time this matter
will be discussed.
He completed_the Bay Constable Annual Report for 1990,
a copy of which was given to each Trustee.
Three (3) Applications for permit were approved.

One (1) Application for permit was held.

-283-
(Continued, January 23, 1991, BOARD OF TRUSTEES)
Twelve (12) Mooring permits were approved.
Five (5) Fish Trap permits were approved.
Two (2) Pot permits were renewed.
CORRESPONDENCE:
Lisa Tettelbach, NYSDEC: Seasonal certification of
North Sea Harbor as part of the Southampton Conditional
Shellfishing Program.
Douglas R~ Penny, Attorney for wally Oakland: Letter
requesting reissuance of revoked Permit No. 5790 so that
marina work can commence as soon as possible.
Town Clerk Kenneth Thommen: Resolution appointing the
Trustees as Special Bay Constables.
Supervisor Stavropoulos: Letter re: 1991 United Way
fund raising campaign.
Jo'hn Worden, US Army Corps of Engineers, cc: Trustees:
Letter stating his disapproval of floating docks proposed
to be built by Fred Kelsey d/b/a Mill Creek M_arina, Noyack
Bay.
Dai Dayton, Southampton Trails Preservation Society:
Asking for an update on their request for declaring the
trustee roads in the Long Pond Greenbelt passive.
Roy Haje of En-Consultants, George Hammarth, NYSDEC,
cc: Trustees: survey of freshwater wetland line for
property on Lake Drive, North Sea re: proposed access on
Big Fresh Pond.
Other correspondence not read was noted.

-284-
(Continued, January 23, 1991, BOARD OF TRUSTEES)
A motion was made by Paul Parash, seconded by William
Frank, and duly carried to pay for the following bills out
of Trustees' Special Account:

1. Carol O'Gara office worker $ 845,00

2. Dolliver Associates survey/Bead of Pond $4690.00

3. Dolliver Associates survey/Lake Drive $ 225,00


Patrick Heaney reported on the informational meeting
concerning the nomination of Peconic Bay and Gardiner's
Bay to the National Estuary Program.
William Frank reported that both Sagg and Mecox are
high.
Paul Parash reported that Tom Samuels of Rambo will be
meeting with John wourgola regarding the wording in the
permit issued to them for repairs to the National Golf
Links deteriorated bulkhead.
Edward Warner reported that Charles Banks Belt, the
first Natural Resources Director for the Town of
Southampton passed away. He was 92 years old. A sympathy
card will be sent to his family, c/o his sister Zoe B.
DeRopp.

The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary


(Continued, January 23, 1991, BOARD OF TRUSTEES)

PERMITS ISSUED

PERMIT NO. 5860: is issued to Mockridge General


Contracting, agent for DR. LESLIE MAILLARD, 74 Harbor
Road, Westhampton Beach, to amend Permit No. 5828 to
include the reconstruction of an additional 34 l.f. of
timber bulkhead •.
The following- special conditions apply:
1. F1lter cloth. backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of. four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner•s property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 58·61: is issued to Inter-Science Research
Associates, Inc., agent for NEW YORK TELEPHONE COMPANY,
501 North Ocean Avenue, Patchogue, to install 1,850 l.f.
of armored fiber optics telephone cable beneath the
bottomlands of Shelter Island sound between the Village of
North Haven and the Town of Shelter Island.
Project is located in Shelter Island Sound, as per
application and survey submitted.
PERMIT NO~ 58·62: is issued to En-Consultants, Inc., agent
for ARNOLD CL.AMAN, West Neck Road, Southamptonv to
resheath 38 l.f. of timber bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the bulkhead.
Project is located on owner's property off West Neck
Harbor, as per application anO survey submitted.

-2B6-
(Continued, January 23, 1991, BOARD OF TRUSTEES)
PERMITS HELD
An application for permit from Land Use Company, agent
for TRIPLE D ASSOCIATES c/o Richard F. Coons, to construct
a 4' x 75' fixed dock to be elevated a minimum of 4' over
grade, 3' x 30' ramp and (4) 6 1 x 20' floating docks on
owners property off Noyack Bay is being held until NYS
Department of Environmental Conservation and Army Corps of
Engineers permits are obtained.

MOORING PERMITS ISSUED

PERMIT NO. 91-19 is issued to RICHARD F. COUNIHAN, 26


Sebonac Road, southampton, to place a 300 lbs. mushroom
anchor mooring and buoy for a 25' Catalina Sailboat ''High
Dawn" {Reg. No. NY 2140 EN) in aullhead Bay, under the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-20 is issued to MONIKA KIND, 24 Hampton
Road, Hampton Bays, to place a 7 5 lbs. mushroom anchor
mooring and buoy for a 19 1 wooden sailboat, Class
"Lightning, in Cold Spring Pond, under the direction of
Bay Constable Dale Petruska.
PERMIT NO. 91-21 is issued to DENNIS M. NEILAN, 131
Riverside Avenue, Flanders, to place a 100 lbs. mushroom
anchor mooring and buoy for a 23 1 Pearson Sailboat (Reg.
No. NY 2804 HK), in Red Creek Pond, under the direction of
Bay Constable Kenneth Malone.
PERMIT NO. 91-22 is issued to SAL MIGLIORELLI, 255 Hampton
Road, Noyac, to place a 50 lbs. mushroom anchor mooring
and buoy and (1) wooden stake for a 19' Bayliner (Reg. No.
NY 7344 PJ) off Hallock Beach in Mill Creek, under the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-23 is issued to PETER A. NUZZI, 15 Mulberry
Drive, Noyac, to place a 75 lbs. mushroom anchor mooring
and buoy and one {1) wooden stake for a 19 1 Manatee (Req.
No. NY 8788 PE) in Staff Payne's Creek, under the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-24 is issued to C. S. PAYNE, JR., 134 Wooley
Street, Southampton, to place a 200 lbs. mushroom anchor
mooring and buoy for a 25' Trump Sailboat "Shadow'"' {Re9.
No. NY 3974 GJ) in West Neck, under the direction of Bay
Constable Christopher Kohnken.

-287-
(Continued, January 23, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-25 is issued to SONNY F. RAMBO, 175 Bishops


Lane, Southampton, to place a 150 lbs. mushroom anchor
mooring and buoy for a 27' Hunter Sailboat (Reg. No. NY
1107 PD) in Wooley Pond, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-26 is issued to MARIE AND WILLIAM SCHARP, 53
Washington Heights Avenue, Hampton Bays, to place a 200
lbs. mushroom anchor mooring and buoy for a 28' O'Day
Sailing Sloop "Mariah" (Reg. No .. NY 1457 PD}, in Sebonac
Creek off Bullhead Bay, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-27 is issued to JOHN J. ROMANO, 329 Montauk
Highway, Sast Quogue, to place a 100 lbs .. mushroom anchor
mooring and buoy for: a 23' 0 1 Day Sailboat "Hope Too" (Reg.
No. NY 8499 DN) in Red Creek Pond, under the direction of
Bay Constable genneth Malone.

PERMIT NO. 91-28 is issued to EMILY G. JON.ES, 10 Delafield


street, Westhampton Beach, to place .one (1) wooden stake
for either a 13' Sunfish OR a 12' Dinghy 1'Snapper II 11 in
Quantuck Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO. 91-29 is issued to WALLACE C.. STEIDLE d/b/a
Coastal Farms., Inc., 220 Middle Line Highwayf Water Mill,
to place a 150 lbs. mushroom anchor mooring and buoy for a
36' Pickerell (Reg. No. NY 9858 EY), in North Sea Harbor,
under the direction of Bay constable Christopher Kohnken.

~EMPORARY -MOORING- ·PERM·l"T ISSUED

PERMIT NO. T9l-l is issued to PATRICIA POWERS, 13 Port


Elizabeth Drive, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16' Boston Whaler "Simple
Pleasures•• (Reg. No. NY 0115 PA) at the foot of Port
Elizabeth Drive in Tiana Bay, under the direction of Bay
Constable Stuart Rose. PERMIT VALID FOR 1991 ONLY

FISil :rllAP PERMI'l:S ISI1UED


PERMIT NO. FT-35 is issued to CHARLES K. MADES, 14 Carter
Avenue, Hampton Bays, to place a. fish trap in Tiana Bay,
west side, due east of Colonial Shores Motel, 500' north
of Jeff Krause 1 s fish trap, as per applicants marker on
Trustee map, Southampton Town waters for 1991.

-288-
(Continued, January 23, 1991, BOARD OF TRUSTEES)

PERMIT NO. FT-36 is issued to CHARLES K. MADES, 14 Carter


Avenue, Hampton Bays, to place a fish trap in Tiana Bay,
west side, 150' north of Colonial Shores Motel, as per
applicants marker on Trustee map, Southampton Town waters
for 1991.
PERMIT NO. FT-46 is issued to CHARLES K. MADES, 14 Carter
Avenue, Hampton Bays, to place a fish trap in Tiana Bay,
west side, 300' north of Colonial Shores Motel, as per
applicants marker on Trustee map, Southampton Town Waters
for 1991.
PERMIT NO. FT-50 is issued to CHARLES K. MADES, 14 Carter
Avenue, Hampton Bays, to place a fish trap in Tiana Bay,
north side, 100' west of Corwin Lane, as per applicants
marker on Trustee map, Southampton Town waters for 1991.
PERMIT NO. FT-76 is issued to CHARLES K. MADES, 14 Carter
Avenue, Hampton Bays, to place a fish trap in Tiana Bay,
north side, 250' west of Corwin Lane, as per applicants
marker on Trustee map, Southampton Town waters for 1991.

POT PERMITS RB~EWED

Pot Permits were renewed for 1991 for the following;


Frank L. Smith
Edward J. warner, Jr.
:!

-?AO-
FEBRUARY 4, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, FEBRUARY 4, 1991,

AT 1 P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of January 23,
1991, were read, amended, and approved as amended.
Bob Barry, representing wally & Joyce Oakland, was
pr;:esent to answer any questions the Trustees might have
reg·arding the modified application he submitted for Mr.
and Mrs. Oakland. Edward warner said that since their new
application was only for the replacement of existing decks
and piles that have deteriorated, he forsees no problem
with the application being approved. Mr. Barry went on to
say that, as soon as site plan approval is given by the
Town Planning Board, the Oaklands would file another
application for permit with the Trustees covering all the
new construction intended for the marina.
At 2:00 P.M. bids were opened for one (1) 1991 70 HP
outboard motor with trade-in. The two bids received were
as follows:
(1) Stein's Boat Sales, Inc.
23 River Road, Sayville
$5,422.00

-289-
(Continued, February 4, 1991, BOARD OF TRUSTEES)
( 2) Peerless Marine Center, Inc.
Ferry Road, Rt. 114 - North Haven, Sag Harbor
$3,060.00

A motion was made by William Frank, seconded by Paul


Parash and duly carried to accept the bid of Peerless
Marine Center, Inc. as low bidder meeting specifications.
Bids were also opened for one (1) 1991 Four Wheel
Drive Vehicle. The five bids received were as follows:
(1) Cassel GMC Trucks
550 North Ocean Avenue, Patchogue
$16,763.00

(2) Hull Chevrolet


25 Hill Street, Southampton
$19,100.00

(3) Yawney Motors, Inc.


16 Hill Street, Southampton
$16,772.00

(4) Otis Ford, Inc.


Montauk Highway, Quogue
$17,075.00

(5) Mullen Motors, Inc.


East Main Street, southold
$19,272.00

A motion was made by William Bennett, seconded by


Patrick Heaney and duly carried to accept the bid of
Yawney Motors, Inc. as low bidder meeting specifications.

-290-
(Continued, February 4, 1991, BOARD OF TRUSTEES)
Six (6) Applications for permit were approved.
Three (3) Applications for permit were held.
Four (4) Mooring permits were approved.
CORRESPONDENCE:

Kenneth Thommen/Town Clerk: . Resolution re: dredging


of the navigational channel in Mill Creek by Suffolk
County.
Dave Romeo, President of Dave Romeo Bass Tournaments:
Request to use Wildwood Lake on August 17, 1991, for a
bass fishing tournament. After a lengthy discussion, his
request was denied 4-1 (Patrick Heaney abstained). A
letter will be sent to Mr. Romeo.
Donald Brennan: Copy of a l~tter sent to Supervisor
Stavropoulos requesting that he give his approval to
include Southampton Town in the National Estuary Program.
Roy Haje: Letter re: stairs to be installed on Ahrnet
Ertegun' s dock for public pass and repass purposes .•
NYSDEC: Notice of complete application for the
dredging of Fish Cove.
Bruce Anderson, Charles Guthrie/NYSDEC,. co: Trustees:
Wildwood Lake water quality.
Group for the South Fork: Staff Report including 1991
nature walks calendar.
Long Island Sound Study: Status Report on Hypoxia
Management.
Other correspondence not read was noted.

-291-
(Continued, February 4, 1991, BOARD OF TRUSTEES)
A motion was made by Patrick Heaney, seconded by
William Bennett, and duly carried to pay for the following
out of the Trustees' Special Account:
1. Carol O'Gara w/e 1/25 & 2/1 office help $845.00

2. Carol O'Gara w/e 2/8 & 2/15 office help $845.00

3. Eileen Lesberg refund of dock fees $ 16.00


4. Southampton Colonial Society repl. of check $ 1.00

Patrick Heaney said he would like to stimulate some


discussion among the Board members regarding the
suggestion of the Southampton Trails Preservation Society
that the Trustees dedicate Sprig Tree Path into passive
use by closing the road to motorized vehicles. He said
that since most of the road already falls within the the
protected lands of Long Pond Greenbelt, he supports their
recommendation to change the use of the Trustee road so it
remains for passive enjoyment. He went on to say that the
surface of the old LI~R right of way recently purchased by
the Town which runs parallel to Sprig Tree Path has been
ruined by dirt bikes, 4WD and ATV vehicles. He indicated
that Sprig Tree Path could suffer the same fate and the
resulting erosion would be environmentally destructive to
the shoreline of Long Pond. Trustees Frank and Parash
agreed to an on site inspection with Mr. Heaney. William
Bennett said that Trustee roads were intended to be used
by all Southampton Town residents, including those who
hunt and fish, and not just hike['s and horseback riders.

He went on to say that the only access to Long Pond for

-292-
(Continued, February 4, 1991, BOARD OF TRUSTEES)
fishing is by using Sprig Tree Path and why should any
resident be fo.rced to carry a boat through the path.. He
said he objects to closing the path to vehicular use.
Edward Warner agreed with Mr. Bennett and said he also
doubts that owners of $20,000. four -wheel drive vehicles
will drive along the narrow path and take the chance of
denting or scratching their vehicles. Mr. Heaney
disagreed that Sprig Tree Path was the only access to the
pond for fishing and asked that the Trustees take a minute
after the meeting to look over the land use map he
developed.
William Hrank reported that both Sagg Pond and Mecox
Bay were very high and need to be opened. A motion was
made by Paul Par ash, seconded . by William Frank and duly
carried to open Sagg and Me'cox as soon as possible.
Diversified Services, Terry Contracting and the NYSDEC
will be notified. Bay Constable Dale Petruska will be
asked to put up "Deep Water" warning signs when the outs
are made.
Edward Warner read the following Bay Constable report:
I received a call from Chris Pranis of Blue Point Clam
Company. They \'till sell us seed clams to use, in the
sizes we need for the clam racks. The price quoted was
$35. per thousand which is close to what we paid before.
I am requesting we purchase 60,000 lBmm seed clams (80
liters) at a cost of $2,100. and 80,000 14mm seed clams

(80 liters) at a cost of $2,800. The total cost comes to


$4,900. which is just under the $5,000. required to go out
for bids. (Note: the racks can only hold 160 liters.)
(Continued, February 4, 1991, BOARD OF TRUSTEES)
I would like a letter sent to a Gilbert Bassin, 457
Mamaroneck Road, Scarsdale, New York 10583. This is the
owner .who put in a dock in Hayground Cove off Rosewood
Lane sometime back before June 1990 without obtaining a
permit. The subject rents houses in the Town and is hard
to find to serve a summons on. At request of John
Wourgola a letter of' removal should be sent. (Note: He
was fined by the NYSDEC for wetlands viloations.)
The request to purchase seed clams was approved by the
Board and a letter will also be sent to Mr. Bassin stating
that his illegal dock must be removed.
Edward warner also reported that notices were sent to
over 40 baymen requesting their attendance at the upcoming
Shellfish Advisory Committee meeting taking place in the
Trustees' Office, Town Hall, on February 7, 1991.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

-294-
(Continued, February 4, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
is issued to WALLY & JOYCE OAKLAND, Dune
Hampton Bays, to replace 40 existing
pileS and redeck an area 215' x 8' on North dock, replace
26 existing piles and redeck an area 170' x 8' on West
dock, replace 23 existing piles and redeck an area 135' x
8' on Center dock, replace 40 mooring piles and dredge
275 1 x 170' of existing marina area to 6' below MLW.
Approximately 7,650 cy of spoil to remain on site.
The following Special conditions apply:
1. All spoil run9ff must be contained during dredging
process.
Project is located on owner's property. off Shinnecock Bay,
as per application and survey submitted~
PERMIT NO. 5864; is issued to En-Consultants, Inc., agent
for STEVEN STARK, Fisk Avenue, Westhampton Beach, to amend
Permit No. 5851 to secure ramp and float by three {3) 8"
pilings.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5865: is issUed to CHESTER SZAREJKO, 284 East
Montauk Highway, Hampton Bays, to construct a 3' x 14'
ramp and an additional 4' x 10' floating .docko
Project is located on owner's property off Shinnecock
Canal, as per application and survey submitted.
is issued to Inter-Science Research
as agent for EILEEN LESBERG, Cobb Isle
Road, Water to replace deteriorating dock with a 3 1
x 10' ramp and 6' x 16 1 floating dock.
Project is located on owner 1 s property off Mecox Bay, as
per application and survey submitted.

construct a x
hinged ramp and
diameter pilings.
Project is located on owner's property off Cold Spring
Pond, as per application and survey submitted.

~'fihfi~1i).J~~N~is issued to En-Consultants, Inc., agent


)I Millstone Brook Lane, Southampton, to
resheath 150 l.f. of existing bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
-295-
(Continued, February 4, 1991, BOARD OF TRUSTEES)

grading has begun, only clean sand or gravel will be


permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Bullhead Bay,
as per application and survey submitted.
PERMITS HEID
An application for permit from En-Consultants, Inc.,
agent for RON SIPRESS, Baycrest Avenue, Westhampton, to
construct a 155' retaining wall plus ( 2) 50' returns on
applicant's property off Moriches Bay & Canal was placed
on hold until all New York State permits have been
obtained.

An application for permit from En-Consultants, Inc.,


agent for GENET CREEK ASSOCIATION, North Drive, North
Haven, to construct a dock on applicant's property off
Genet Creek was placed on hold until the court summons
issued to the association has been settled.
An application for permit from En-Consultants, Inc.,
agent for KAMRAN ELGHANYAN, Wheaton Way, Mecox, to
construct a fixed walk and dock on applicant's property
off Mecox Bay & Pond was placed on hold pending receipt of
a copy of the deed for the portion of land that the
applicant's walkway will go over - a private pond.

MOORING PERMITS ISSUED

PERMIT NO. 91-30 is issued to JOHN MAMPREYAN, Vail Avenue,


East Quogue, to place wooden stakes for eel carts in
Weesuck Creek, under the direction of Bay Constable Stuart
Rose.
PERMIT GOOD FOR 1991 ONLY, EXPIRES DECEMBER 31, 1991. Eel
carts will not block ramps.

PERMIT NO. 91-31 is issued to MICHAEL MAMPREYAN, Vail


Avenue, East Quogue, to place wooden stakes for eel carts
in Red Creek Pond, under the direction of Bay Constable
Kenneth Malone.
PERMIT GOOD FOR 1991 ONLY, EXPIRES DECEMaER 31, 1991. Eel
carts will not block ramps.

PERMIT NO. 91-32 is issued to JOHN NlCKONOVITZ, 16


Rampasture Road, Hampton Bays, to place a 200 lbs.
mushroom anchor mooring and buoy for a 18' Privateer (Reg.
No. NY 2331 PF), in Tiana Bay, under the direction of Bay
Constable Stuart Rose.

PERMIT NO. 91-33 is issued to THOMAS J. GOOD, 18


Bittersweet Avenue, Hampton Bays, to place a SO lbs.
mushroom anchor mooring and buoy for a 17' MFG TRI HULL,
"Little Goody", (Reg. No. NY 3581 DN) in Red Creek Pond,
under the direction of Bay Constable Kenneth Malone.
MARCH 4, 1991

THE REGULAR MEETING OF ·II'HE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON 1

N.Y. WAS HELD AT TOWN HALL ON MONDAY, MARCH 4, 1991, AT 1

P.M.
PRESENT WERE: President, E'dward J. Warner; 'l'rustees
William H. Bennett, Paul W. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of February 4,
1991, were read, amended, and approved as amended.
Frances Rice Minsch, William J. Minsch, Jr., Marcia
Lederman, Albert Lederman and David w. Jayne, representing
20 homeowners of the Club Lane Estates subdivi·sion in
Remsenburg, were present to ask the Trustees to order one
of their neighbors, Raymond Ness.im, to remove a section of
bulkheading from his property, which they say, blocks a
long established right-of-way and boat launching ramp into·
Moriches Bayo Mrs. Lederman said use of the right~of-way

was deeded to all the residents of Club Lane Estates when


the area was subdivided in the 1960's and that bulkheading
recently constructed by Mr. Nessim, and approved by the
Trustees in a permit issued to Mr. Nessim, ·now blocks half
of a 40' wide right-of-way tbat extends south from the end
of Club Lane to the shores of Mar iches Bay. She went on
to say that the ramp at the end of the right-of-way, which
was just a narrow slope of sand that a few residents used

-297-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
to launch boats and that children used to enter the bay to
swim, was filled in when the bulkheading was installed.
John Bennett, Mr. Nessim's attorney, was out of town at
the time of this meeting, but his partner, James O'Shea,
was present and told the homeowners that Mr. Nessim is not
in any way denying that a right-of-way exists but he has
never seen a boat lauched from the end of this
right-of-way and, furthermore, the boat slip was
completely shoaled in. Deputy Town Attorney John wourgola
said he believed this dispute is a civil matter and would
be more properly decided in court rather than by the
Trustees since it was the scope of the right-of-way that
was at issue, not the Trustees' bulkhead permit. Mr.
O'Shea said, in order to try and resolve this matter, he
would arrange an informal meeting with John Bennett,
Raymond Nessim and the Club Lane members. Edward Warner
asked the homeowners if the bulkhead was upland or in the
water, to which they replied it was 8' high and that the
water comes to within 2 1 of the top of the bulkhead. Mr.
Warner said that the Trustees would arrange a full board
inspection of the site and set up another meeting to
di'acuss this matter further.
William Sickles, Suffolk County Park Supervisor and
John Turner, Director of Natural Resources were present to
ask the Trustees for their help to curb dumping on
Hildreth Road by blocking off access to the road by

-296-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
vehicles. Mr. Sickles said that in a similar case dumping
was curtailed on Spinny Road by the installation of a

gate. Keys to the gate were given to the Town Police and
Hampton Bays Fire District. He said before Spinny Road
was closed to vehicular use, Suffolk County trucks removed
30 truck loads of debris and garbage, including chairs,
couches and refrigerators. Edward Warner said that the
Trustees are opposed to the closing of Hildreth Road
because the Hampton Bays Fire Department uses that road as
an emergency route to Red Creek and the Fire Commissioners
are also against closing the road. He said that to stop
illegal dumping more law enforcement is needed. Mr.
Sickles replied that the park rangers do patrol these
areas, however, they only have 33 park rangers to cover
30,000 acres and do not have the resources to stay on top
of it. Patrick Heaney said unfortunately the illegal
dumpers go out to dump -when they know they will not be
caught, however, if they are apprehended they should be
heavily fined. After much discussion, the Trustees agreed
to close off a portion of one of their roads to vehicles -
the westerly end of Old Squires Road where it dead ends at
County property.
A motion was made by Patrick Heaney, seconded by
William Frank and duly carried to allow Suffolk County
Dept. of Parks, Recreation & Conservation to install a
cable gate blocking vehicle access to a small portion of
Old Squires Road, west of five corners.

-299-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
William Sickles also asked the Trustees if they would
send a letter to Richard Finn, Suffolk County Commissioner
of Parks, requesting that Suffolk County prohibit the
launching of any inboard motor boats under 16 1
, sailboats,
catamarans, wind surfers or jet skis from the County park
grounds on the east side of the Shinnecock Inlet. He said
the Shinnecock Inlet continues to be a troublesome spot
and the combination of heavy boat traffic, strong tidal
action and numerous swimmers presents a very dangerous
situation. John Wourgola will write a letter to Mr. Finn.
Chuck Bowman, representing ~riple o Associates, was
present to discuss their application. William Frank said
the application was placed on bolO pending their obtaining
New York State permits for this project, but the Trustees
were also concerned over the fact that the construction of
the proposed dock and walkway would eliminate the public
right to pass and repass between the high and low water
marks and, additionally, the construction would eliminate
the only vehicular access point to Clam Island. Mr.
Bowman said he would submit revised plans in which a 12 1
portion of the walkway would be elevated 10' above grade
to allow vehicle access to the beach.
Michael Porpora, the new owner of Fell's Marina, was
present to introduce himself to the Trustees and to answer
any questions they might have regarding the application he
submitted. He said he is also an authorized Texaco dealer

-300-
{Continued, Match 4, 1991, BOARD OF TRUSTEES)
and would set up an account for the Bay Constables, if

they so desire, enabling them to purchase gas for their


patrol boats.
Sr. Bay Constable John Andersen was present to discuss
the following: He ordered l4-18mm seed clams. Blue Point
Clam company does not sell clams over 18mm.
The construction of the Jackson Avenue building is
underway and moving along.
Sagg Pond cut was opened again by nature on February
13th. · It was opened by crane on February 7th.
The motor on M/4 has to be repaired. The powerhead is
shot. However, all costs (parts and labor) will be paid
for by OMC under their test program.
Had to spend $707Q to repair two navigational lights.
Would like to purchase one aluminum cast navigational
light instead of the plastic ones being used currently.
The cost will be $1, 04·5. Petmission was- granted.
Received a check for $475. from an insurance company
to cover the cost of hauling a 24 1 boat that hit the
Ponquogue Bridge. The impound fees were waived because
the boat was stolen.
I would like to send Bay constables Petruska and Rose
to school in Ithaca, New York, for a course in basic
marine law enforcement training. The training course is
being held May 6th through May lOth. The fee for both of

-301-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
them will be $570. plus travel expenses of approximately
$125. for a total of $695.
A motion was made by William Frank., seconded by
Patrick Heaney and duly carried to pay $695. for the
training course out of the Trustees• Special Account. The
registration forms together with a deposit of $40.00 will
be sent out next week.
I will be getting estimates for the new trailer we
will be purchasing this year. State law requires that we
get brakes on the trailer if it will be hauling more than
3,000 lbs.
The Hale pump on the barge is over 9 years old and the
casting for the pump is shot. It will cost $600. to
repair. Due to the heavy amount of use, I would prefer to
purchase a new pump. It would cost $2,480. less $450.
trade-in for a total cost of $2,030. The Trustees agreed
that a new pump should be purchased.
Bay Constables Kohnken and Petruska will be attending
a two day seminar given by Dive Recovery Northeast in Sag
Harbor on April 17 - 19. The $150. cost of the seminar
will be paid for by each of the constables but I would
like them to receive regular pay for the two days instead
of their using vacation time. I feel it will be a benefit
to the Trustees to have certified divers as employees in
case of a boating emergency. Permission was granted.
On Wednesday, April lOth, I would like to attend a one

day Interagency Maritime Law Enforcement Roundtable

-302-
(Cont.inued, March 4, 1991, BOARD OF TRUSTEES)
Meeting for representatives of mariti'me law enforcement
agencies from the south shore and east end of Long
Is~and. I attended their first meeting, held on August 9,
1990, and found it very informative. Permission was
granted.
All the Bay COnstables will be attending free classes
given by the Police Department on night firing, baton
training and handcuff procedure. Bay Constable Malone
will be attending on March 11, Bay Constables Kohnken and
Sadleir on March 19th, Bay Constables Andersen and Rose on
March 25th and Bay Constable Petruska on April 8th.
A motion was made by Edward warner, seconded by Paul
Parash and duly carried to waive the fee for the permit
issued to the Group for the South Fork for fifteen (15)

Osprey poles and platforms to be placed in locations


throughout Southampton Town in order to provide nesting
habitats.
Eleven (11) Applications for permit were approved.
One (1) AppliCation for permit was held~

Eleven (11) Mooring permits were approved.


CORRESPONDENCE:
Joseph Hurley, Commissioner Suffolk County Dept. of
Public works, Supervisor Stavropoulos, cc: 'l'rustees, re:
1991 priority list Of Town dredging projects. Request to
revise list to reflect 'those projects where we have
specific information documenting need. A letter Ylill be

-303-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
written to Sr. Bay Constable John Andersen asking him to
check out, by patrol boat, each of the nine remaining
projects on our list and to document just how badly each
area is in need of dredging.
Letters were received from the following expressing
support for the proposal to declare Sprig Tree Path a

passive Trustee road: Val Schaffner, Diana Lindley,


Calvin M. Smith, Barbara H. Scherzer/Secretary-Moriches
Bay Audubon Society, Inc., Michael Bottini/Environmental
Planner-Group for the South Fork, Meryl Rose
Goldin/Director of Science & stewardship-The Nature
Conservancy, Ted Griffin/Vice President-southampton Trails
Preservation Society, oai Dayton-Smith/President-
Southampton Trails Preservation Society, Thomas M.
Thorsen/Natural Resources Director-Town of southampton,
Gilbert $. Foster/Conservation Board Chairman-Town of
Southampton.
Richard E. Fox, NYSDEC: Shellfish Culture Permit No.
03-06-T for calendar year 1991 issued to Southampton Town
Trustees.

Lisa Tettelbach, NYSDEC: Letter of thanks from Bureau


of Shellfisheries for the assistance they have received
from the Southampton Town Bay Constable staff during
1990. Also to inform the Trustees that she is evaluating

all shellfish areas in Southampton and, by next winter,


North Sea Harbor should be a seasonal shellfishing area.

-304-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
Long Island University: Invitation to a symposium on
Water Quality and Treatment: Issues Facing Long Island for
the 1990's. No Trustees will attend.
Dave Romeo/President-Dave Romeo Bass Tournaments:
Letter of disappointment re: denied proposal to hold bass
fishing tournament at Wildwood Lake this year together
with 25 supporting documents about Dave Romeo Bass
Tournaments. A letter will be sent to Mr. Romeo inviting
him to come to a Trustee Meeting to explain fully and
answers questions about his tournaments. Depending upon
the outcome of the meeting, the Trustees may change· their
mind regarding a bass tournament being held at Wildwood
Lake in 1992.
Other correspondence not read was noted.
A motion was made by Paul ParaSh, seconded by William
Frank, and duly carried to pay for the following bills out
of Trustees' Special Account:
L Carol Qi·Gara. office worker $845.00

2. William Kaufman refund of dock fees $ 20.50


3. New York State Parks registration fee $ 40.00
A motion was made by Patrick Heaney, seconded by
William Frank, and duly carried to pass the following
resolution:
RESOLVED, that the Trustees' secretary be, and hereby
is, authoriZed to publish the following notice of public
hearing:

-305-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
THE BOARD OF TRUSTEES OF THE FREEHOLDERS AND
COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y. hereby give
notice that a public hearing will be held on April 1, 1991
at 2:00 p.m. or as soon after as it may be heard at Town
Hall, 116 Hall\Pton Road, Southampton,. New York, to hear any
and all persons eithet for or against the closing of a
portion of Sprig Tree Path, which is a Trustee road, to
vehicular traffic, with the exception of emergency
vehicles. Sprig Tree Path is located in the Long Pond
area of Sag Harbor.
Patrick Heaney requested that all the letters received
by the Trustees in support of declaring Sprig Tree Path
into passive use be recognized at the time of the public
hearing, as well as, the 1986 Town Action Plan also in
favor of this action.
William Frank reported that the County dredge is still
at Mill Creek. He went on to say that it is time to order
fresh water fish to stock the ponds. The Trustees have
$1,500. budgeted for this expense and he will place a call
to The Cold Spring Harbor Fish Hatchery.
Edward Warner said he received a call from Debra
Barnes of the NYSDEC, regarding this year's oyster
transplant. Ma. Barnes told him there was an oil spill in
Oyster Pond and before any oysters can be taken from the
pond the DEC is requiring that two water tests be done at
a cost of $600. each. She went on to say that if the

-306-
(Continued, March 4, 1991, BOARD OF TRUSTEES)
Towns of Easthampton and Southampton each come up with
$400., the NYSDEC would pay the remaining $400. for the
testing.
A motion was made by William Frank, seconded by Paul
Parash and 'duly Carried to pay the $400. tes.ting fee out

of the Trustees' Special Account.


Mr. warner said it was suggested at the Baymen's
meeting in February that the transplanted oysters be
spread out this year in Scallop Pond and Noyack Creek
instead of Mill Creek because the oysters taken from Mill
Creek last year had no set.
The meeting on motion was adjourned.

Respectfully submitted,

William Ho Bennett, Secretary



PERMI~S ISSUED

![;~~~~l3E:fr~hA is issued to Michael Porpora, agent for


~ , lers aoad, Greenport, to raise and
replace the center dock 8' x 138' deck surface, repair the
13' wave curtain on west end dock with rip-rap and to
install 4 additional mooring pilings.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted. · ·

is issued to En-Consultants, Inc., agent


Dune Road, Quogue, to renew_ Permit No.
construct a 3' x 35' fixed walk on pilings on
outer of boat lift.
Project is located on owner 1 s property off Quogue Canal,
as per application and survey submitted.
-307-
(Continued, March 4, 1991, BOARD OF TRUSTEES)

PERMIT NO. 5871: is issued to ERNEST FAGRAS, 65 Romana


Drive, Hampton Bays, to move a pre-existing 3' x 14' ramp
and 6' x 20' floating dock to another location off the
bulkhead and to reface 63.9 l.f. of timber bulkhead by
adding 2' x 10' planking directly onto the old planking.
Project is located on owner 1 s property off Tiana Bay, as
per application and survey submitted.
PERMIT NO. 5872: is issued to Theodore Angell, agent for
RIVERHEAD ESTATES CIVIC ASSOCIATION, to maintenance dredge
the mouth of the Silverbrook Canal. The dredged material
to be used for beach nourishment. The project is located
on owner's property on Reeves Bay off Flanders Bay, as per
application and survey submitted.
PERMIT NO. 5873: is issued to En-Consultants, Inc., agent
for PETER AND LORRAINE JANSSEN, 318 Dune Road, Westhampton
Beach, to install 90' of rip-rap wall plus (2) 20'
returns. Approximately 40 c.y. of clean sand backfill to
be trucked in from upland source. Wall will be 3.5' north
of pilings on existing deck to allow sufficient room for
installation while not disturbing piling foundation. And
to construct a 10' x 17' timber boat ramp over rip-rap for
launching small boats and pedestrian access.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5874: is issued to En-Consultants, Inc., agent
for MABEL PAPE, 39 Shore Road, westhampton, to construct a
4' x 210' fixed elevated (4' above grade of marsh) walkr
4' x 14' ramp and 6 1 x 16 1 floating dock secured by (2) 8 11
diameter pilings.
The foll-owinq special condit·ions apply:
1. F1xed walk must stop at low water mark.
2. Trustee William Bennett must meet with contractor
before construction begins.
Project is located on owner's property on Goodmans Canal
off Moriches Bay, as per application and survey submitted.
PERMIT NO. 5875: is issued to En-Consultants, Inc., agent
for PHIL MELITO and AL GIACHETTI, Plume Grass Way,
Westhampton, to construct a 4' x 140' fixed elevated (4'
above grade of marsh) walk~ 4' x 14' hinged ramp and 6' x
16' floating dock secured by (2) 8" diameter pilings.
The following special conditions apply:
1. No trees shall be removed for fixed elevated walk.
2. Fixed elevated walk must go around trees.
3. No cutting or disburbing of vegetation on 40 degree
bank slope will be permitted.
Project is located on owner's property on Beaverdam Creek,
as per application and survey submitted.

-308-
(Continued, March 4, 1991, BOARD OF TRUSTEES)

is issued to Cramer, Voorhis and


, agent fot SHINNECOCK FISH DOCK, INC.,
north side of Dune Road, Hampton Bays, to re-install (3)
five pole clusters (dolphins) to moor vessels on west side
of existing dock.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
is issued to Glenn E. Just/J.M.O.
for WILLIAM KA.UFMAN, Corwin Lane,
conStruct an elevated {4 • over grade of
bluff) 4' x wooden platform and 4' x 15' stairway.
Project is located on owner 1 s property off Tiana Bay, as
per application and survey submitted.
PERMIT liiO;, ·5878·t is issued to RAYMOND H. TOPPING, to renew
Permit No. 5663 to replaCe, in place, 100 l.f. of bulkhead.
~be following sp~cial conditions .apply:
1. Filter cloth: backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wa~lo
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will
be permitted. No organic top .sOils are to be placed
along the inside of the new bulkhead.
Project is located on owner'S property off Mill Creek., as
per application and survey submitteC.
~J[~~~~t;is issued to ?roper-T Services, agent for
K 438 Harbor Drive, Sag Harbor, to· renew
construct a 4' x 84' oPen pile fixed
(4' above grade) seaward from upland
retaining wall: a 4' x 6' walkway landwar:d to· connect to
84' fixed walkway and dock~ and an 82' concrete block
retaining wall~
The following special conditions appiy:
1. Old metal ret.aining w-all must be remov.ed.
2. No beach stones or rocks are to be removed.
3. A 5' wide stairw-ay must be constructed and attached to
both sides of catwalk fot public pass and repass
purposes.
Project is located on owoer's property off Sag Harbor
Cove, as per application and survey submitted.
PER!<!ITS HELD

An application for per~it from En-Consultants, Inc.,


agent for FORDONE PROPERTY OWNERS ASSOCIATION, Flying
Point Road, Southampton, to construct a 10' x 350' path
leading from existing path to proposed wood walk and to
-309-
(Continued, March 4, 1991, BOARD OF TRUSTEES)

construct an elevated 5' wide wood walk for pedestrian


access over dune to beach by members of the Association
was put on hold and sent to the Natural Resourses
Department for their review and comment.

MOORING PERMITS ISSUED

PERMIT NO. T91-2 is issued to CONSTANTINE NICHOLSON, 38


Osborne Avenue, Southampton, to place a 350 lbs. mushroom
anchor mooring and buoy for a 25' Cape Dory ''Snowbird''
(Reg. No. DL619J) in Wooley Pond, under the direction of
Bay Constable Christopher Kohnken.
PERMlT VALlO FOR 1991 ONLY
PERMIT NO. 91~34 is issued to BENJAMIN F. BARNES, 130
Scotts Road, Southampton, to place a 200 lbs. mushroom
anchor mooring and buoy for a 28' Tylercraft "Chipper-B
II" (Reg. No. NY5845EN) and two wooden stakes for a
dinghy, in North Sea Harbor, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-35 is issued to SUSAN P. BRYANT, 13 Elm
Street, Noyack, Sag Harbor, to place a 200lbs. mushroom
anchor mooring and buoy for a 21 1 Islander "Rocking
Robin", (Reg. No. NY 5003 EK) in Mill Creek, under ·the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-36 is issued to JOHN R. O'GARA, 4 Tamarack
Lane, East Quogue, to place a 75 lbs. mushroom anchor
mooring and buoy for a 16' Boston Whaler (Reg. No. NY 1480
EG), in Red Creek Pond, under the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-37 is issued to THERESA TAORMINA, 277
Montauk Qighway, Hampton Bays, to place a 200 lbs.
mushroom anchor mooring and buoy for a 18' Sports Craft
(Reg. No. NY 9500 JZ) in front of owner's · residence in
Shinnecock Bay, under the direction of Bay Constable Dale
Petruska.

PERMIT NO. 91-38 is issued to JOHN LUONGO, 50 Hilltop


Road, Hampton Bays, to place a 100 lbs. mushroom anchor
mooring and buoy for a 19' Celebrity Sailing Sloop "Mary
II" (Doc. No. EE00787M75C) in Red Creek Pond, under the
direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-39 is issued to TERRENCE P. BUCKLEY, 21
Bergen Avenue, Hampton Bays, to place a 150 lbs. mushroom
anchor mooring and buoy for a 25' Catalina Sailboat
"Windancer" (Reg. No. NY 6689 PD) in Red Creek Pond, under
the direction of Bay Constable Kenneth Malone.

-310-
(Continued, March 4, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-40 is issued to NELSON J. RICa, JR., 9 Pine


Road, Sag Harbor, to place a 200 lbs. mushroom anchor
mooring and buoy for a 25' Formula ''Marnel" {Reg. No. NY
3043 FB) in Mill Creek, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-41 is issued to NELSON J. RICH, JR., 9 Pine
Avenue, Sag Harbor, to place a 100 1bs. mushroom anchor
mooring and buoy and one (1) wooden stake for a 17 1 Cobia
"Cat Sass 11 (Reg. No. NY 0644 DL), in Mill creek, under the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-42 is issued to the GROUP FOR THE SOUTH
FORK 8 Bridgehampton, to place fifteen (15) osprey poles
and platforms in the following locations throughout
Southampton Town in order to provide nesting habitats.
Project being . conducted by the Group for the South Fork,
the Nature Conservancy and the South Fork Natural History
Society with the cooperation of the Suffolk County Parks
Dept. of Natural Resources Management and the u.s. Fish &
Wildlife Service.
1) Clam Isl.and County Park, Noyack
2) Bayberry Land, Cold Spring Pond
3) Towd Point Road; Southampton, North sea Harbor
4) Flanders County ·Park, Hubbard Creek
5) Flanders County Park, Goose Creek
6) Shinneoock Indian Reservation, Old Fort Pond
7) Shinnecook Indian ·aeservation, Heady Creek
8) Speonk Point, Moriches Bay
9) Griffith Nature Conservancy, Quogue, Penniman Cove
10) Dune Road, Southampton Village, Shinnecook- Bay
11) Fresh Pond, North Haven
12) Mill Creek, Mecox Bay
13) Mill creekf Noyack Bay
14) Old scallop Point Road, southampton, Scallop Pond
15) Morton National Wildlife Refuge, Noyack, Jessup
Neck
PERMIT NO. 91-43 is issued to GREGG GRIFFIN, 44 Squiretown
Road, Hampton Bays, to place one {1) wooden stake for a
12' wooden work float (homemade) (Reg. No. NY 4643 GJ), in
Red Cteek l?ond, under the direction of 'B-ay Constable
Kenneth Malone.

-311-
MARCH 18, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, MARCH 18, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. warner, Trustees
William H. Bennett, Paul w. Parash, William T. Frank,

Patrick A. Heaney and Deputy Town Attorney John Wourgola.


The minutes of the regular meeting of March 4, 1991,
were read, amended, and approved as amended.

Edward Warner stated that there was a full board

inspection of Raymond Nessim•s bulkhead this morning,


however, no determination will be made or the matter
discussed at this meeting.

Anthony Pellegrino and Richard LaGrande were present


to ask about the relocation of a portion of Old Noyack
Road and were told it would not connect to Oak Drive.
Michael and Rosemary Sheinkopf, representing nine
homeowners on Old Squires Road, were present to ask the

Trustees if they would pay for a portion of the cost of


paving a 1, 250 foot section of Trustee-owned Old Squires
Road. They said that since they purchased their house in
1987 the traffic down that road has increased tremendously
and no sooner than the homeowners pay to have a bulldozer
grade the road, it is ruined again by horseback riders and

vehicles driving through. Mr. Sheinkopf said that since

-312-
(Continued, March 18, 1991, BOARD OF TRUSTEES)
the trail system was put in the road has also become a

magnet for dumpers. He asked if the Trustees would


consider installing a gate at the west end of Old Squires
Road near Hildreth Road to prevent unnecessary vehicular
traffic, horseback riders and illegal dumpers. William
Bennett told them that the Trustees do not have the money

for the project and suggested that they approach the Town
Board and request the creation of a special ta~ing

district; the district would be set up to tax area


residents over a period of time to pay for the paving.
Four (4) Applications for permit were approved.
One (1) Application for permit was held.
One (1) Application for permit was denied.
Eight (8) Mooring permits were approved.

One. (1) Pot perm'it was approved.


Four (4} Fish Trap permits were approved.
CORRESPONDENCE:
George Hammarth/NYSDEC, Roy Haje/En-Consultants, cc:
Trustees, re: several minor changes that are required
before the construction of a public access/small boa.t
launching site on Big Fresh Pond can be approved.
George Hammarth/NYSDEC: Notice of Complete
Application for Big Fresh Pond access/launching site.
Marcia Lederman: Letter regarding Club Lane Estates
right-of-way together with a copy of her deed with the
wording highlighted that the right of way is to "pass and

re•pass· ••• to the shores of Great South Bay."

-313-
(Continued, March 18, 1991, BOARD OF TRUSTEES)
David Emilita: Letter regarding list of parcels still
remaining in the 1986 Town Open Space Purchase Program.
Bruce Bergmann/Army Corps of Engineers: requesting
beach access permit or letter allowing two vehicles and
staff to drive along the ocean beach west of the

Shinnecock Inlet to Road L in order to continue the


shorebird survey the Corps is conducting jointly with u.s.
Fish and Wildlife Service, as part of the Shinnecock Inlet
project. A letter of permission will be sent to the

project biologist, Len Houston.


Michael Corey/Army Corps of Engineers, Roy

Haje/En-Consultants, cc: Trustees: request for additional

information regarding application submitted for Kamran


Elghanyan.
William sickles/Suffolk County Park Supervisor:
letter of thanks and notification of the installation of a
cable gate west of five corners on Old Squires Road in
Hampton Bays in order to block vehicle access.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by
William Bennett, and duly carried to pay for the following
out of the Trustees• Special Account:
1. Carol o•Gara office help $845.00
A motion was made by William Frank, seconded by Paul
Parash and duly carried to adopt the following resolution,
a copy of which will be sent to John Leonard:

WHEREAS, on February 28, 1991, a joint public hearing

-314-
(Continued, March 18, 1991, BOARD OF TRUSTEES)

with the Southampton Town Planning Board and the Town


Trustees was held with regard to the major subdivision map

of "Laura Woods", and

WHEREAS, one of the purposes of the public hearing was

to consider the realignment of a portion of Old Noyac Road

as shown on Map of Carl w. Weisenbacher dated February 18,


1987, and

WHEREAS, after considering the testimony introduced at

the aformentioned public hearing, this Board has no

objection to the proposed relocation,


NOW, THEREFORE, BE. IT RESOLVED, that the Trustees

hereby authorize the relocation of a portion of Old Noyac

Road as shown on the Map of Carl w. Weisenbacher dated

February 18, 1987 in conjunction with the pending


subdivision of "Laura woods••, subject to the following

conditions:

1. Applicant shall provide all necessary legal


documents to effectuate the relocation and abandonment.

2. Said documents shall be in a form as approved by

counsel to this Board.

3. The aforementioned is conditioned upon final


Planning Board approval of the subdivision.

Patrick Heaney said he met ·with Tom Watson, Suffolk

County Highway Supervisor at Alootts Pond in East Quog.ue

and the County intends to install catch basins and tipping


curbs to divert storrnwater before reaching the surface of

Alcotts Pond.

-315-
(Contiriued, March 18, 1991 1 BOARD OF TRUSTEES)
William Frank reported that he ordered 850 rainbow and
brook trout from Cold Spring Harbor Fish Hatchery. The
cost falls within the budgeted amount of $1, sao. He also
reported that the County dredge is finished at Mill Creek
and that he received a revised dock plan from Triple D
Associates.
Edward Warner read the following Bay Constable report;
I checked Mecox Bay for oysters and found no seed or
any amount of oysters.
Following are the six prices I got on the new Loadrite
21-3600E galvanized trailer which will replace the 1974 EZ
Loader that collapsed:
Rowland Boats & Motors $1,770.

Dave Bofill Marine $1,842.

Spellmans Marine $1,802.

Raynor-Mitchel! Marine $1,855.

B&N Trailer Shoppe $1,999.

South Shore Boats $2,265.

A motion was made by William Bennett, seconded by


William Frank and duly carried to accept the bid submitted
by Rowland Boats & Motors as low bidder.
Edward Warner said that be spoke to Debra Barnes of
the NYSDEC regarding their testing of Oyster Pond and was
told the test would not be necessary. Instead the FDA is
doing a smell test at no charge. He said that the oyster
transplant permit has been applied for and that the
transplants have been scheduled for East Hampton on May

-316-
(Continued, March 18, 1991, BOARD OF TRUSTEES)
lst and Southampton on May 2nd. Each Town will be allowed
8 boats/16 men to harvest a maximum of 200 bushels. He
went on to say that the clam transplant permit has also
been applied for and the transplant will be scheduled when
the temperature reaches 50 degrees. The clams will be
transplanted from the Peconic River to Noyack Creek.

The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 5880: is issued to James H. Rambo, Inc,, agent
for PAUL ROBINSON, 125 Shore Road 1 Southampton, to
construct 51 l.f. of timber bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be
a minimum· of four inches below the finished height
of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only olean sand or gravel
will be permitted. No org·anic top soils are to be
placed along the inside of the new bulkhead.
Project is located on owner•s property off North Sea
Harbor, as per application and survey submitted.

-317-
(Continued, March 18, 1991, BOARD OF TRUSTEES)
issued to Tidewater Construction,
LA~DING ASSOCIATION, INC., Landing
Lane, East Quogue, to maintenance dredge miscellaneous
shoals in Pine Neck mar ina basin to -4' MLW out to 20'
from basin bulkhead. Dredging will amount to
approximately 350 c.y. with all material deposited on the
upland and will be graded with no return to waterway.
Three (3) brush jetties of 40', 30' and 30 1 will be .placed
along beach to control further erosion.
Project is located on owner's property off Shinnecock Bay,
as per application and sur~ey submitted.
is issued to En-Consultants, Inc., agent
296-1 Linda Lane, Sag Harbor, to add a 4'
of fixed elevated walk to outer end of
and relocated ramp, float & pilings.
Purpose of project is to reach deeper water.
Project is located on owner's property off Upper Sag
Harbor Cove, as per application and survey submitted.
PERMIT NO. 5883: is issued to Inter-Science Research
Assoc1.ates, Inc., as agent for EILEEN LESBERG, Cobb Isle
Road, Water Mill, to amend Permit No. 5866 changing the
floating dock dimensions from 6' x 16' to 6' x 20'.
Project is located on owner's property off Mecox Bay, as
per application and survey submitted.

PERMITS HELD
An application for permit from Harbor Marine
Construction, Inc., agent for JOHN PORCO, .371 Dune Road,
Westhampton Beach, to construct a 4' x 270 1
timber
walkway; 4' x 100' fixed pier with 3' extension for
wheelchair rest area on each side of walk~ 4 • x 12' ramp,
6' x 20' float and (4) 10" x 20' mooring piles was put on
hold pending a full board inspection of the site.

PERMITS DENIED
An application for permit from En-Consultants, Inc.,
agent for EVERETT FINESTONE, 7 Stacy Drive, Westhampton
Beach, to modify Permit No. 5731 to construct a dock on
Moriches Bay using 12'' instead of 10 11 diameter pilings has
been denied without prejuidice. The Board of Trustees
feel 12 11 diameter pilings would be out of character in
this residential area. Usually, this size piling is used
when constructing commercial docks.

-318-
(Continued, March 18, 1991, BOARD OF TRUSTEES)

MOORING PERMITS ISSUED


PSRMIT NO. 91-44 is issued to . MARK C. SINCLAIR, 93
Squiretown Road, Hampton Bays, to place a 275 lbs.
mushroom anchor mooring and buoy for a 29' Columbia
sailboat "Baroness 11 (Reg. No. NY 7893 EN), in Red Creek
Pond, under the direction of Bay Constable Kenneth Malone.
PERMI~ NO. 91~45 is issued to ANTHONY PISANI, 30 Oak Grove
Road, Southampton, to place a SO 1bs, mushroom anchor
mooring and buoy for a 14' Star Craft, (Reg. No. NY 4989
BW) in Fresh Pond (Herne Oaks) at the end of Oak Grove
Road, under the direction of Bay Constable Christopher
Kohnken.
PERMIT NO. 91•46 is issued to ROBERT E. BAUSCH, 6
Cormorant Drive, Hampton Bays, to place a 150 lbs.
mushroom anchor mooring· and buoy for a 22' Grady White
11
Seayalater" (Reg. No. NY 6702 JW), in Shinnecock Bay off
Cormorant Point; under the direction of Bay Constable
Kenneth Malone.
PERMIT NO. 91-47 is issued to ALBERT J. CERRATO, 17
Baywoods Drive, Hampton Bays, to place a 100 lbs. mushroom
anchor mooring and buoy for a 22' O' Day sailboat
"Tranquillity" (Reg. No. NY 7453 PG) in Red Creek Pond,
under the direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-48 is issued to RAYMOND QUARANTO, 1089
Noyack Road, North Sea, Southampton, to place a 150 lbs.
mushroom anchor mooring and buoy for a 24' Eldredge
sailboat "Wind Songn {Reg. No. NY 3722 EN) in wooley Pond,
under the direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-49 is issued to PAUL Eo BANEK, 22 Spring
Lane, Sag Harbor, to place a 100 lbs. mushroom anchor
mooring and buoy for a 19' 5" Nautica sa-ilboat 11 Firebird"
(Reg. No. NY 4053 BU) in Mill Creek., under the direction
of Bay Constable Christopher Kohnken.
PERMIT NO. 91-50 is issued to DONAt..D W. KYLE; RR 1, 767
Maple Lane, Sag Harbor, to place a 200 lbs. mushroOm
anchor mooring and buoy for a 18' white & bl.ue power boat
(Reg. No. NY 1698 GJ) in Noyac Creek directly in front of
owner's home, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-51 is issuec~ to LITTLE PECONIC YACHT CLUB,
wooleys Drive, Southampton, to place twenty-eight {28) 50
lb. to 150 lb. mushroom anchor moorings and buoys in
Wooley Pond, under the direction of Bay Constable
Christopher Kohnken.

-319-
(Continued, March 18, 1991, BOARD OF TRUSTEES)
The following special conditions apply:
1) All moorings shall be inspected by Bay Constable Kohnken
prior to placement.
2) All moorings shall be assigned a number at the time of
inspection in addition to the club's number.
3) Size of mushroom anchor and chain may be changed if it
is inadequate for the size boat.
4) A list of yacht club members who have moorings must be
submitted with each permit renewal application.

POT PERMITS ISSUED


PERMIT NO. PT29 is issued to JOHN TERRY, 15 Holzman Drive,
Hampton Bays, to place pots on Trustees' bottom in Town of
Southampton waters for 1991.

FISH TRAP PERMITS ISSUED


PElRMIT NO. FT-80 is issued to HOWARD F. SMITH III, 39
Atlantic Avenue, Hampton Bays, to place a fish trap in
Shinnecock Bay, northeast of Warners Island, between
Jeffrey Kraus and Charles Mades, as per applicants marker
on Trustee map, Southampton Town Waters for 1991.
PERMIT NO. FT-96 is issued to HOWARD F. SMITH III, 39
Atlantic Avenue, Hampton Bays, to place a fish trap in
Tiana Bay, 500' east of Rampasture west point, on_ south
side of point, as per applicants marker on Trustee map,
Southampton Town Waters for 1991.
PERMIT NO. FT-100 is issued to HOWARD F. SMITH III, 39
Atlantic Avenue, Hampton Bays, to place a fish trap in
Tiana Bay, 1,000' east of Rampasture west point, on south
side of point, as per applicants marker on Trustee map,
Southampton Town Waters for 1991.
PERMIT NO. FT-114 is issued to HOWARD F. SMITH III, 39
Atlantic Avenue, Hampton Bays, to place a fish trap in
Shinnecock Bay, east of Shinnecock Inlet and 500 1 east of
Edward Warner f Jr ~, as per applicants marker on Trustee
map, Southampton Town Waters for 1991.

-320-
APRIL 1, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE ·TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, APRlL 1, 1991, AT 1

P.M.
PRESENT WERE: President, Edward J. Warner~ Trustees
William H. Bennett, Paul w. Parash, William T. Frank,
Patrick A. Heaney and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of March 18, 1991,
were read, amended, and appro~ed as amended.
At 2:00 P.M. the meeting was opened to the public to
hear all persons for or against the closing of a portion
of a Trustee road commonly known as the Sprig Tree Path to
all types of motorized vehicular use except emergency·
vehicles. The following people read brief statements in
favor of the closing: Ted Griffin/Southampton Trails
Preservation Society, Meryl Rose Goldin/The Nature
Conservancy, David Case, Bruce Anders~>n/Town Natural
Resources & Planning, Dai nayton/S·outhampton Trails
Preservation Society, Bogert Thomsen, Kevin McDonald/Group
for the South Forlt, Val Schaffner/The Nature Conservancy.
Patrick Heaney stated that he- wanted on record that
eleven letters in support of the closing were also
received and that the 1966 Town Action Plan also favors
this action.
The minutes of the public hearing were recorded by a
public stenographer from Suffolk Reporters, Inc.

-321-
(Continued, April 1, 1991, BOARD OF TRUSTEES)
Ten (10) Applications for permit were approved.
One (1) Application for permit was held.
Ten (10) Mooring permits were approved.
One (1) Pot permit was approved.
One (1) Pot permit was renewed.
CORRESPONDENCE:
Clifford Foster: Letter inquiring about the
rea~ignment of Old Sag Harbor Road and the resulting
impact on his property. John Wourgola will reply.
Thomas Samuels, George Hammarth/NYSDEC, cc: Trustees:
reply to DEC regarding their notice of imcomplete
application for work to be done at the National Golf Links.
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by William
Frank, and duly carried to pay for the following bills out
of Trustees' Special Account:
1. Carol O'Gara office worker $845.00

2. David Schwartz refund of mooring fees $ 50.00

Patrick Heaney submitted a Romano Drive maintenance


dredging project update report and said that he met with
Sr. Bay Constable John Andersen earlier in the week to
make an assessment of their existing brush jetty. They
have determined that since the present height of the
structure is approximately 3' above grade and the existing
posts are in good shape, there is no need to replace the
jetty. He went on to say that instead of spending $2,600
for a new brush jetty he recommends raising the existing

-322-
(Continued, April l, 1991, BOARD OF TRUSTEES)
posts to 4' above grade and have the existing structure
re-brushed for a quoted cost of $1,800.
A motion was made by Edward Warner, seconded by
William Frank and duly carried to accept the quote of
$1, BOO. to raise the posts and re-brush the Romano Drive
jetty.
William Frank reported that Sagg Pond was very high
and needs to be opened. He also said he has not heard
from the fish hatchery regarding delivery of the rainbow
and brook trout he ordered.
A motion was made by Paul Parash, seconded by William
Frank and duly carried to open Sagg Pond as soon as
possible. Terry Contracting and the NYSDEC will be
notified. Bay Constable Dale Petruska will be asked to
put up "Deep Water'' warning signs when the cut is made.
The meeting on motion was adjourned.

Respectfully submitted~

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 58841 is issued to ROMANO DRIVE ASSOCIATION,
Romano DrJ.ve, Hampton Bays, to dredge an area measurJ.ng
95 1 x 100' to a depth of 4 1 below MLW. Resultant
materials (1,030 c.y.) to be placed on the upland beach
area of the Tiana Shores Beach Association.
Project is located on ownet's property off Tiana Bay, as
per application and survey submitted.
(Continued, April l, 1991, BOARD OF TRUSTEES)
PERMIT NO. 5885: is issued to Glenn E. Just/J .. M.O
Consulting, agent for MARTY WOLKOFF, Dune Road, Quogue, to
construct an additional 79' of timber bulkhead and to
construct a 3' x 15' ramp and 4' x 25' float within the
existing bulkheaded boat basin.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Quogue Canal,
as per application and survey submitted.
PERMIT NO. 5886: is issued to Harbor Marine Construction,
Inc., agent for JOHN PORCO, 371 Dune Road, Westhampton
Beach, to construct a 4' x 270' timber walkway, 4' x 100'
fixed pier, 4' x 12' ramp, 6' x 20' float and (4) 10"
diameter mooring piles.
Project is located on owner 1 s property off Moriches Bay,
as per application and survey submitted.
is issued to En-Consultants, agent for
COWAN, Plume Grass Way, Westhampton, to
add a 6' x 20' float in "L" configuration on south side of
existing float. New float will be secured by (1) 8 11
diameter piling.
SPECIA~ CONDITION:
Maximum of two (2) boats can be moored to private boat
dock.
Project is located on owner's property off Beaverdam
Creek, as per application and survey submitted.
PERMIT NO. 5888: is issued to En-Consultants, Inc., agent
for JOSEPli VOLPE, 35 Nautilus Drive, Hampton Bays, to
construct a timber dock consisting of a 4' x 5' inclined
landward ramp; 4' x 40' fixed elevated (4' above grade of
marsh) walk~ 3' x 12 1 hinged ramp; ( 2) 6 1 x 20 1 floats
secured by (4) 8" diameter pilings and (2) 3-pile dolphins
off float.
Project is located on owner's property off Wells Creek, as
per application and survey submitted.
PERMIT NO. 5889: is issued to James Remkus, agent for
HARRY DINER, Old Bridge Road, Sag Harbor, to replace
twelve (12) deteriorated dock pilings, in place.
Project is located on owner's property off Sag Harbor
Cove, as per application and survey submitted.

-324-
(Continued, April 1, 1991 1 BOARD OF TRUSTEES)

is issued to MICHAEL AND EILEEN


Harbor Drive, Sag Harbor, to amend
Permit No. 5 from a 4 1 x 70' fixed dock to a 4' x 85'
fixed dock.
SPECIAL CONDITION:
Timber dock must be constructed 10' from property line.
Project 1s located on owner's property off Sag Harbor
Cove, as per application and survey submitted.

R~~~~~~~~·Rll~··~Hi~i~s~sued to John Hummel Custom Builders,


I AND DIANA BRENNAN, Ambleside Lane,
~i~!i~~~~~t~6~'!construct a 4' x 30' dock.
i be removed in winter months.
Dock is to be secured by 4• x 4• C.C~A· posts.
Project is located on owner's property off Sams Creek, as
per application and survey_ submitted.
PERMIT NO. !;),892: is issued to En-Consultants, Inc., agent
for ROBERT STAHL, 174-177 Noyack A:venue, Noyac, to remove
and replace in same location and configuration 75 1. f. of
timber bulkhead plus 30 1 return on east side.
The following special conditions apply:
lo Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall .be a minimum of four
inches below the finished height of the wall.
3. Clean sand or gravel only will be used' foi:
backfill. No organic top soils are to be placed along the
inside of the new bulkhead.
Project is located on owner's property off Noyack Bay, as
per appliCation and survey submittedo
PERMIT NO. 5893: is issued to Inter-Science Research
Associates, Incor agent for OLIVER 1 S COVE HOMEOWNERS
ASSOCIATION to renew Permit No. 5677 to construct the
following amended additions to the· existing dock~ a 4' X
15' fixed rampJ 4' x 18' fixed dock~ 6' ll: 32' floating
dock and ,to install 14 mooring pilings. ·
Proj·ect is located on owner's property off Hayground Cove,
as per application and survey submitted.
PERMITS ,HEI,.D
An application for permit from J.M.O. Consulting, agent
for Steven Leber, 72 Dune Road, westhampton 'Beach, to
reconstruct 273 l.f. of timber bulkheading and a 32'
timber return was put on hold pending removal of two
discharge pipes leading to the bulkhead and the
installation of a .drywell, upland from the pool, large
enough to contain all overflow or drainage from the
swimming pooL
-325-
(Continued, April 1, 1991, BOARD OF TRUSTEES)

MOORING PERMITS ISSUED


PERMIT NO. 91-52 is issued to BRIAN MARBACH, 27 West End
Avenue, East Quogue, to place a 150 lbs. mushroom anchor
mooring and buoy for a 17' MFG plastic outboard (Reg. No.
NY 1985 BA), at Conscience Point in North Sea Harbor,
under the direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-53 is issued to DOUGLAS DOLLIVER, Box 903 -
Magee Street, Southampton, to place a 300 lbs. mushroom
anchor mooring and buoy for a 26' c & C Sailboat
"Joyride" (Reg. No. NY 1171 PW) in the s/e corner of
Bullhead Bay, under the direction of Bay Constable
Christopher Kohnken. To be used as a storm mooring.
PERMIT NO. 91-54 is issued to JOSEPH McLOUGHLIN, 436 Hill
Street, Southampton, to place a 175 lbs. mushroom anchor
mooring and buoy for a 25' Dill sailboat "Sea Witch" (Reg.
No. NY 6026 AL), in Bullhead Bay, under the direction of
Bay Constable Christopher Kohnken.
PERMIT NO. 91-55 is issued to FRANK A. MAROTTA, 4
Gathering Rocks Road, Hampton Bays, to place a 125 lbs.
mushroom anchor mooring and buoy for a 17' Mako (Reg. No.
NY 5759 PG) in Red Creek Pond, unQer the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-56 is issued to WILLIAM LEVICK & MARK
JACOBY, 256 Dune Road (Yardarm), Westhampton Beach, to
place a 100 lbs. mushroom anchor mooring and buoy for a
19' Stingray Bowrider "Salty Seven II" (Reg. No. NY 7055
PF) in Moriches Bay at the rear of the Yardarm Beach
Condominium, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO. 91-57 is issued to GEORGE GOMES, Private Road,
Remsenburg, to place a 75 1bs. mushroom anchor mooring and
buoy for a 13' Boston Whaler (Reg. No. NY 2856 UD) in
Sea tuck Cove, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO. 91-58 is issued to MAURICE D. GOLDMAN, 14
Carmel Lane, Hampton Bays, to place a 150 1bs. mushroom
anchor mooring and buoy for a 23 1 Larson (Reg. No. NY 3_474
GJ) off owner's property in Shinnecock Bay, under the
direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-59 is issued to CHARLES R. BARNETT, 48 Lilac
Road, Westhampton Beach, to place a 175 lbs. mushroom
anchor mooring and buoy for a 30' Catalina sailboat
"Windchime" (Reg. No. NY 4424 GJ), in Red Creek Pond,
under the direction of Bay Constable Kenneth Malone.
(Continued, April 1, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-60 is issued to ROBERT MINNICK, 6 Temple
Avenue, Flanders, to place a 150 lbs. mushroom anchor
mooring and buoy for a 24 1 10" o•oay sailboat (Reg. No. NY
0991 PP), in Birch Creek, under the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-61 is issued to RIVERHEAD ESTATSS CIVIC
ASSOCIATlON, Reeves Bay Trail, Flanders, to place fourteen
(14) 50 lb. to 250 1bs. mushroom anchor moorings and buoys
in Silverbrook Creek (off Reeves Bay), under the direction
of Bay Constable Kenneth Malone.
NOTE: Each mooring must be placed exactly where indicated
on attached chart. Number assigned by Bay Constable must
be clearly indicated on each buoy in addition to R.E.C.A.
number.

POT PERMITS ISSUED


PERMIT NO. PT31 is issued to JOSEPH HARAKAL, 189 Woodhull
Avenue, Riverhead, to place pots on Trustees • bottom in
Town of Southampton waters for 1991.

POT PERMITS RENEWED


PERMIT NO. PT23 is issued to JOSEPH W. BRENNAN, Lumber
Lane, Bridgehampton, to place pots on Trustees• bottom in
Town of Southampton wat~rs for 1991.

-327-
APRIL 15, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, APRIL 15, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner, Trustees
William H. Bennett, William T. Frank, Patrick A. Heaney
and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of April 1, 1991,
were read, amended, and approved as amended.
Edward warner stated that the Board will make a
decision regarding whether or not to close a Trustee road
known as Sprig Tree Path to all types of motorized
vehiclular use except emergency vehicles at the May 6th
meeting.
Dick Jonas, Treasurer of the Lake Missapogue
Association was present together with Gene Horowitz, who
said he has lived on Lake Missapogue since 1957. Mr.
Jonas said they represent over 60 families living on or
near Big Fresh Pond who are opposed to the Trustees'
proposed access ramp for Town residents to Big Fresh
Pond. He said that to get to the access site owned by the
Trustees, people would have to drive along Lake Drive
which is a narrow, hilly road and park on a sharp curve.
The lack of off road parking together with active public
use of the ramp and lake brings added liability to the
(Continued, April 15, 1991, BOARD OF TRUSTEES)
Town. He said since the Trustees will be allowing access
to this ramp 24 hours a day, an attendent should be on the
site to check proof of residency and the area will need
policing by the Town Constables. In addition, the Town
should provide for rest rooms and garbage disposal. He
went on to say that he feels none of this is a
constructive change considering all he mentioned already
exists at Elliston Park in North Sea, including off road
parking. He asked if this access ramp construction was
truly necessary. Patrick Heaney said the Trustees have
jurisdiction over all the Town's lake and bay bottoms and
have a mandate to give the public access to all fresh
water ponds. Edward warner said the matter has been blown
out of proportion and now the DEC is requiring that a dock
be built, which was a surprise to them and something
definitely not wanted by the Tr.ustees. The Trustees'
intent was only to have an access point to Big Fresh Pond
for small boats and canoes. William Bennett said that the
Parks & Recreation Dept. does not want boats launched from
the Elliston Park property and, furthermore, the Lake
Drive property owned by the Trustees is 60 feet wide and
the Trustees could limit parking tO three cars a day. He
went on to say that Big Fresh is the second largest lake
in Suffolk County and the Trustees have been stocking it
with trout over the years. He said the largest parkland
we own is our water and it shoUld be enjoyed by all the
Town residents.

-329-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
Reilly McNeil, a Club Lane resident, was present
together with Lou Allen, Frances Rice Minsch, A. R. Allan,
William J. Minsch, Jr., Charles Gilnicki, John Schoeck,
Mary Ellen Lipman, Stephen Malinchowski and Ellen Jilnicki
to contest the fact that a bulkhead was put up by one of
their neighbors, Raymond Nessim, blocking their long
established right-of-way and boat launching ramp into
Moriches Bay. John Wourgola said that a public hearing is
being scheduled for May 20th and that the Board will look
at documentation and hear evidence at that point before
making a decision regarding the Trustee permit issued to
Mr. Nessirn.
A motion was made by William Frank, seconded by
Patrick Heaney and duly carried to publish the following
notice of public hearing:
NOTICE OF PUBLIC HEARING

THE BOARD OF TRUSTEES OF THE FREEHOLDE!lS AND

COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y. hereby give


notice tha·t a public hearing will be held on May 20, 1991
at 2:00 p.m. or as soon after as it may be heard at Town
Hall, 116 Hampton Road, Southampton, New York to hear any
and all persons either for or against the revocation of
Trustee Permit No. 5730 issued to Raymond Nessirn, Club
Lane, Remsenburg, to bulkhead 260' of bay front property.
Eight (8) Applications for permit were approved.
Twenty-one (21) Mooring permits were approved.

One (1) Temporary Mooring permit was approved.

-330-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
One (1) Pot permit was approved.
One (1) Fish Trap permit was approved.
Three (3) Gill Net permits were approved.
CORRESPONDENCE:
Joseph Janoski, Supervisor/Town of Riverhead: Letter
confirming support of clam transplant program from Peconic
River.
Family of Charles Kohnken: Acknowledgement and
appreciation for perpetual mass. card sent by Trustees.
John sennett: Request to be given notice of any
discussion to be had on Raymond Nessim's permit. A copy
of the public hearing notice will be sent to Mr. Bennett.
Leona S~ Chamberlin/Club Lane resident: Letter
requesting the Trustees to revoke the permit they issued
to Raymond Nessim.
Harbor Marine Construction: Letter of interest in
bidding on job re: access ramp to aig Fresh Pond~

William Hastbaok/NYSDEC: Notification of Annual


Meeting of the Northeast Shellfish Sanitation Association
taking place May 15 through May 17.
Douglas Penny, Attorney for Frances Levine: Letter
advising that his client has withdrawn permission for her
neighbor, Avery Corman, to construct a dock at .the foot of
his right of way to Hayground Cove and requesting that the
Trustees' permit issued to Mr. Corman be revoked before
the dock is constructed. John wourgola will reply.

-331-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
Ruth Haines Ruhling/Club Lane resident: Letter in
support of forcing Mr. Nessim to remove a portion of his
bulkhead now blocking her right-of-way to Moriches Bay.
Kenneth Thommen: Resolution approving TRIM (Tax Rate
Impact Memorandum) Policy.
Roy Wines/Planning Board: Copy of SEQR Resolution
approving site plan map for Sunday's Marina.
Robert Thurber/NYSDEC, James Walker/Inter-Science, cc:
Trustees: request for more information re: dredging of
Hayground Cove Inlet.
William Bates, Attorney for Sheldon Tannen: Letter
re: dock built by Barry Beil that exceeds the
specifications indicated on the Trustees• p~rmit issued to
Mr. Beil and requesting that he remove the dock
forthwith. John Wourgola will reply.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by
William Bennett, and duly carried to pay for the following
out of the Trustees' Special Account:
1. Eastern Horizon Canst. Jackson Avenue bldg $24,000.00

2. Town of Southampton secretary position $13,317.98

3. Carol O'Gara office help $845.00

4. En-Consultants fee re: Romana Drive dredging $150.00

S. H. Douglas Carlsen fee re: Jackson Ave bldg $495.00

6. Suffolk Reporters minutes of public hearing $125.00

7. En-Consultants fee re: Fish Cove dredging $429.88

-332-
(Continued, April 15, 1991, BOARD OF TRUSTEES}
8. Sheraton Inn Marine Law Enf. Training Course $570.00
9. s. Rose & D. Petruska traveling exp. money $125.00

10. Petty Cash replenishment $100.00

Patrick Heaney reported that the Romano Drive dredging


job is completed. He said that North Sea Trucking did a
very good job with a difficult project - a job well done.
William Frank reported that Mecox Bay was very high
and needed to be opened. He said that the 850 rainbow and
brown trout he ordered last month were delivered on April
5th and stocked in East Pond, Brook Road Pond, Trout Pond,
Big Fresh and Little Fresh Ponds.
A motion was made by Patrick Heaney, seconded by
William Frank and duly carried to open M.ecox as soon as
possible. Diversified Services and the ~YSDEC will be
notified. Bay Constable Dale Petruska will be asked to
put up "Deep Water" warning signs when the cut is made.
Edward Warner read the following Bay Constable
report: The new building at Jackson Avenue should be
finished this date and ready for final inspection by the
Building Dept., which I will take care of.
The Bay Constables will have training for firearms and
CPR on the following dates: April 23, 29 & 30.
The seed clams will be delivered on Friday, April 26th
at 8:00 A.M. at the Bay Avenue dock, East Quogue.
The maintenance men are well under wa":l in putting in
the lights and buoys.

-333-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
Edward warner reported that he received a call from
Debra Barnes of the DEC advising him that the temperature
of the water was now high enough to conduct a clam
transplant from the Peconic River to Noyack Creek. The
transplant has been scheduled for April 22, 24 & 29.
A motion was made by William Bennett, seconded by
William Frank and duly carried to publish the following
notice:
PUBLIC NOTICE

THE BOARD OF TRUSTEES OF THE FREEHOLDERS AND

COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y. hereby give


notice that Noyack Creek will be closed to shellfishing
starting at sundown on Sunday, April 21, 1991, until the
seasonal area reopens again on December 1, 1991.
A copy of the public notice . will be sent to the DEC
and, in addition, letters will be sent to all State permit
holders in the Town of Southampton advising them of the
closing.
Letters will also be sent to all Southampton Town
baymen advising them of the dates and times of the clam
transplant and asking if they wish to participate. A copy
of the letter will also be sent to the Riverhead Baymens
Association.
Edward warner went on to say that he inspected the
Jackson Avenue building and found that, with the exception
of the floor, it was all finished.

-334-
(Continued, April 15,. 1991, BOARD OF TRUSTEES)

A moment of silence was observed in honor of Mary


Andersen, mother of senior Bay Constable John Andersen,
who passed away last week.
The_ meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED

PERMIT NO, 5894: is issued- to En-Consultants-, Inc,, agent


for JEFFREY DRUEK, 4 Sunset Avenue, East Quogue, to secure
a permit for a pre-existing structure consisting of a 3' x
12 1 fixed elevated walkway, 3 1 x 10' hinged ramp, 6' x 20'
float and 14'6" x 24' hydrohoist. To modify the existing
dock by extending the 3' wide 'fixed section 15'
southward. Ramp, floatf hydrohoist and associated pilings
will be moved accordingly. To construct a landward
extension to fixed walk 123' in length to be approximately
1'. above grade.
Project is located on owner's property off Phillips Creek,
as per application and survey submitted.
PERMIT NO~ 5895: is issued to En-Consultants, Inc., agent
for JOSEPH MOISA, 43 West End Avenue, East Quogue, to
amend Permit No. 5854 to construct a 3~ x 12' hinged ramp
and a 6' x 20' floating dock secured by two (2) 8 11
diameter pilings off the bulkhead.
Project is located on oWner's property off Daves Creek, as
per application and survey submitted.
is issued to J oM.O. Consulting, agent for
Waters Edge Drive, Quogue, to renew
Permit 5752 to construct a 4 1 x 40' (4 1 above grade}

-335-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
catwalk leading from an existing bulkhead to a 4' x 12'
ramp and a 6 1 x 20' floating dock.
Project is located on owner's property off Quantock Bay,
as per application and survey submitted.
PERMIT NO. 5897: is issued to JEFFREY S. SHUME~DA, 33
Polnt Road, Flanders to secure a permit for a pre-existing
seasonal floating dock as follows; (4) 3'9" x 9' sections,
(1) 2' x 6' section and (1} 2' x 7' 6" section. Floating
dock structure secured by (2) 4" x 4" posts and will be
removed from water each winter.
Project is located on owner's property off Reeves Bay, as
per application and survey submitted.
PERMIT- NO. 5898: is issued to En-Consultants, Inc., agent
for ANDREW EDELMAN, Stacy Drive, Westhampton Beach, to
maintenance dredge an area up to 15' off an existing 80'
bulkhead to maximu~ depth ?f 4' below MLW.

Project is located on owner's property in dug canal off


Moriches Bay, as per application and survey submitted.
PERMIT NO. 5899: is issueQ to MULSCAN ASSOCIATES, Newtown
Road, Hampton Bays, to renew Per11it No. 5607 for removal
of infrastructure and dredging of the boat basin to a
depth of 6' below MLW. This dredging will be accomplished
by clamshell bucket on a friction crane. The dredged
spoil will be dewatered on .. site and removed prior to the
upland stages of the proposed development. The dredging
project will generate approximately 13,000 c.y. of fill,
most of which will be olean sand and gravel, although a
small percentage of silt and clay is expected in the areas
of the existing boat basin. Existing bulkheads and
boardwalks will be removed.
Project is located on owner's property off Shinnecock
Canal, as per application and survey submitted.
PERMIT NO. 5900: is issued to En-Consultants, Inc., agent
for FRANK ARCURI, Oak Lane, Hampton Bays, to remove and
replace (in same location and configuration) 118 L f. of
timber bulkhead facing bay. Remove and replace existing
easterly return so that new structure will be along
property line and extended northward to meet adjacent
bulkhead. New return will be 92' long.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a m1n1mum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.

-336-
(Continued, April 15, 1991, BOARD OF TRUSTEES).
No organic top soils are to be placed along the inside
of the new bulkbeading.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5901: is issued to MARCEL T. DAMIECKI & DAVID
T. SCHIAVONI, Cliff Drive, sag Harbor, to consttuct a dock
consisting of a 4' x 60' fixed section, 4' x 10' ramp and
6' ~ 18' floating section.
Project is located on owner's property off Sag Harbor
Cove, as per application and surveY sUbmitted.

MOORING PERMITS ISSUED

PERMIT NO. 9l-61 is issued to RIVERHEAD ESTATES CIVIC


ASSOCIATION, Reeves Bay Trail, Flandersf to ·add to current
~, to place three {3) 50 lb. to 75 lbs. mushroom
ancnoF moorings and buoys in Silverbrook Creek (off ~eeves
·say), under the direction of Bay Constable ~enneth Malone.
NOTE: BaCh mooring must be placed exactly where indicated
on attached chart. Numbei assigned by Bay constable must
be cle~rly indicated on each buoy in addition to R.E.C.A.
numbero
PERMIT liJO. 91-62 is issued to NOYAC MARINA, INC., 51 Pine
Neck Avenuef Sag Harbor, to place. ten (10) 100 lbs ..
mushroom anchor moorings and buoys fol: commercial use in
Mill c.reek, Noyac, under the direCtion of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-63 is issued to COLL~EN P. HARROUN, 26 Cedar
Avenue, Flanders, to place a 100 lbs. mushroom anchor
mooring and buoy for a 19' homemade wood & fiberglass
outboard {Rego No. NY 1499 GJ) in Birch Creek, under the
direction of Bay Constable Kenneth Malone.
PERMIT NO.. 91-64 is issued to WII.oLIAM T. FRANK, 13 Pine
Neck Avenue, Sag Harbor f to place a 100 lbs. mushroom
anchor mooring and buoy for a 20 1 Cobia (Reg. No. NY 8790
DH), in Mill creek at the end of Munchogue DriVe, under
the direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-65 is issued to ALLl\N GOWSTEIN, Duck Point
Road, Remsenburg, to place a 125 lbso mushroom anchor
moorihg and buoy for a 22 1 Mako 11 Jennie B 11 (Reg. No. NY
1547 DR) in Speonk River, under the direction of Bay
Constable Ted sadleir.
PERMIT NO. 91-66 is issued to JOHN M. ANDEaSON, 168
Wildwood Road, Sag llarbor, to place a 100 lbs. mushroom
anchor mooring and buoy for a 25' sailboat (Reg. No. NY
3789 PF) in Noyac Creek, under the direction of Bay
Constable Christopher Kohnken.
-337-
(Continued, April 15, 1991, BOARD OF ~RUSTEES)

PERMIT NO. 91-67 is issued to ROBERT F. DERRY, 224 Cedar


Street, Pine Neck, Noyac, to place a 75 lbs. mushroom
anchor mooring and buoy for a 17 1 Chrysler fiberglass boat
(Reg. No. NY 2405 EG) in Mill Creek, under the direction
of Bay Constable Christopher Kohnken.
PERMIT NO, 91-68 is issued to SAMUEL MARGOLIS, 1563 North
Sea Road, Southampton, to place a 75 lbs, mushroom anchor
mooring and buoy for a 20' Balboa Sloop 11 Beautiful
Galatea 11 (Reg. No. NY 3120 GJ) in North Sea Harbor, under
the direction of Bay Constable Christopher Kohnken.
PERMIT NO, 91-69 is issued to WILLIAM T. COMBER, 75
Crescent Street, Sag Harbor, to place a 75 lbs. mushroom
anchor mooring and buoy for a 18' aluminum Starcraft (Reg.
No. DK836460), in Payne's Creek, under the d,irection of
Bay Constable Christopher Kohnken.
PERMIT NO. 91-70 is issued to RICHARD HAGERMAN, Millstone
Road, Sag Harbor, to place two (2) wooden stakes for a 16'
Cobia (Reg. No. NY 1848 DL), in Noyac Creek off Maple
Lane, under the direction of Bay Constable Christopher
Kohnken.
PERMIT NO. 91-71 is issued to ROBERT WESCHREK, 1162 Noyac
Road, Sag Harbor, to place a 75 lbs. mushroom anchor
mooring and buoy for a 17' Sea Raider (Reg. No. NY 3658
JY), in Mill Creek, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-72 is issued to STEPHEN T. MADDALONI, P~o:
Box 986, North Side Drive, Southampton, to place a 300
lbs. mushroom anchor mooring and buoy for a 24' Pearson
Sailboat (Reg. No. NY 6439 CV), in Wooley's Pond, under
the direction of Bay Constable Christopher Kohnken.
PERMIT NO~ 91-73 is issued to GARY MOTT, Rosewood Drive,
Sag Harbor, to place one (l) wooden stake for a 16 1
rowboat (Reg. No. NY 3068 AZ) in Sag Harbor Cove, next to
Redwood Marina, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-74 is issued to KITTY BRUMBERG, 20 Lenape
Road, Shinnecock Hills, Southampton, to place a 100 lbs.
mushroom anchor mooring and buoy for a 16' Sunbird (Reg.
No. NY 2943 JW) in Shinnecock Bay, at the end of Lenape
Road, under the direction of Bay Constable Dale Petruska.
PERMIT NO, 91-75 is issued to JOHN B. DOUGLAS, 7 Trynz
Lane, Hampton Bays, to place a 100 lbs. mushroom anchor
mooring and buoy for a 19' Grady White "Seaker" (Reg. No.
NY 1651 PH), in Shinnecock Bay, in front of residence,
under the direction of Bay Constable Kenneth Malone.

-338-
(Continued, April 15, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-76 is issued to· CHARLES & JANE ROBERTS, 131
Little Neck Road, Southampton, to place a 100 lbs.
mushroom anchor mooring and buoy for a 21'- Maxum "Pied a
Mer" (Reg. No. NY 6699 UC) in Middle Pond, under the
direction of Bay Constable Dale Petruska.
PERMIT NO. 91-77 iS issued to DuPRATT W. TAYLOR, 13 Duck
Point Road, Remsenburg, to place a 200 lbs. mushroom
anchor mooring and_ buoy for a 16' AMF Sunbird sailboat in
front of ·Owner's residence near Speonk Point, in Moriches
Bay, under the direction of Bay Constable Ted Sadlier.
PERMIT NO. 91-78 is isSUed to DuPRATT W.. TAYLOR, 13 Duck
Point Road, Remsenburg, to place a 200 lbs. mushroom
anchor mooring and buoy for a 25' Mako 11 Miramar" (Reg. No.
NY 5077 PC) .in front of owner's residence near Speonk
Point, in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO. 91-79 is issued to DuPRATT W. TAYLOR, 13 Duck
Point Road, RemSenburg, to place a 175 lbs. mushroom
anchor mooring and buoy for a 25' Mako "Miramar" (Reg. No.
·NY 5077 PC) adjacent to Upland Farms Property owners'
11
Park" in Speonk Cove, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO. 91-80 is issued to DAVID C. RAYNOR, 96 Towd
Point Road, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 23' North American sloop
(Reg. No. NY 2939 EG) in the northeast corner of North Sea
Harbor, under the direction of Bay Constable Christopher
Kohnken.
PERMIT NO. 91-81 is issued to DIANE CHELIUS, 7 Atlantic
Aveue, Hampton Bays, to place a 300 lbs. mushroom anchor
mooring and buoy for a 30' Jersey ~'Diane IV'' (Reg. No~ NY
2803 GJ) in Shinnecock Bay, under the direction of Bay
Constable Dale Petruska.
TEMPORARY PERMITS ISSUED
PERMIT NO. T91-3 is issued to JOSEPH JABOUR, 40 Point
Road, Westhampton, to place a 100 lbs. mushroom anchor
mooring and buoy for a 20' Sea Ray Cuddy Cabin "Just Nuts"
(Reg. No. 4084 UA) in East Moriches Bay, under the
direction of Bay Constable Ted Sadleir.
PERMIT VALID FOR 1991 ONLY

POT PERMITS ISSUED


PERMIT NO. PT32 is issued to JOHN BERGLIN, 18 Lyncliff
Road, Hampton Bays, to place pots on Trustees' bottom in
Town of Southampton waters for 1991.
-339-
(Continued, April 15, 1991, BOARD OF TRUSTEES)

FISH TRAP PERMI~S ISSUED

PERMIT NO,. FT-116 is issued to STEVEN R. FLORENCE, Laurel


Court, Sag Harbor, to place a fish trap in Sag Harbor
Cove, 1/4 mile to right of cove Road, west side, as per
applicants marker on Trustee map, Southampton Town Waters
for 1991.

GILL NET PERMITS ISSUED

PERMIT NO. GNl is issued to EDWARD J. WARNER, JR.' 22


Carter Avenue, Hampton Bays, to place gill nets in
Shinnecock Bay for 1991.

PERMIT NO. GN2 is issued to SILVIO D. CATENA, 27 East


Argonne Road, Hampton Bays, to place gill nets in
Shinnecock Bay for 1991.

PERMIT NO. GN3 is issued to FRANCIS ROGE:R KOSOFSKY, 9 Oak


Drive, Hampton Bays, to place gill nets in Shinnecock Bay
for 1991. ·

-340-
MAY 6, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF Tag TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, MAY 6, 1991, AT 1


P.M.

PRESENT WERE: President, Edward J. Warner; Trustees

William H. Bennett, Paul w. Parash, Patrick A. Heaney and


Deputy Town Attorney John wourgola.

Edward Warner called the meeting to order and read the

following resolution expressing the Trustees' feelings on

the loss of their colleague and good friend:

WHEREAS, William T. Frank, was foremost a family man

who loved his wife Gloria and their sons. Bill also loved
his country and flag and was proud to have served this

nation as a member of the United States Army, serving in

the 8th Infantry in Europe during world War II and


continued to have a deep respect for ideals that have made

America strong~ Bill also loved his lifelong job in the

New York Police Department where he served as Second Grade

Detective in the Bronx Homicide Task Force. He enjoyed

hunting and fishing and, last but not least, Bill Frank
loved the responsibility and challeng·e that his position

as Tr~stee of The Southampton Town Board of Trustees


demanded,
NOW, THEREFORE, BE IT RESOLVED, that on this 6th day of

May, 1991 The Southampton Board of Trustees, in

-341-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
recognition of William Frank 1 s years of dedicated public
service to the grateful Community of Southampton does
hereby pause in its deliberations to pay a special tribute
in memory of our departed friend and fellow public servant
WILLIAM T. FRANK

The minutes of the regular meeting of April 15, 1991,


were read, amended, and approved as amended.
Duane Arnister representing 75 members of the Water
Mill Rod & Gun Club was present to tell the Board that
their membership was definitely in favor of the
installation of an access ramp to Big Fresh Pond. He said
that the majority of their members fresh water fish and,
unless they get permission from the homeowners on the
pond, there is no other way for them to get to Big Fresh.
Edward warner said that the DEC has been holding up the
Trustees 1 permit but has now accepted the proposal that
rails be installed in lieu of requiring a dock and he
expects their approval of the revised access ramp plans to
b~ forthcoming.
Patrick Heaney said that it was Bill Frank 1 s intention
to introduce the following resolution on Sprig Tree Path
and although his untimely death leaves us with the pain of
his loss, I offer a reading of that resolution as a
memorial to him - it is a simple statement that seeks to
protect and preserve life:

WHEREAS, the Board of Trustees of the Freeholders and


Commonalty of the Town of Southampton holds legal title to
-342-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
the ancient ••Trustee" road commonly known as the Sprig
Tree Path, and
WHEREAS, the Board has determined that Sprig Tree Path
represents an important integral link to a developing
network of trails that exist within the Long Pond
Greenbelt, and
WHEREAS, the proximity of Sprig Tree Path to Long Pond
has had the effect o~ bringing human activities into a
close proximity to certain known botanical rarities, in
addition to delicate habitats known to contain certain
mammal, bird, reptile, amphibian and fish species, and
WHEREAS, The Board of Trustees has determined that a
permitted use of motorized vehicles on Sprig Tree Path is
inconsistent with the intentions set forth in the Long
Pond Greenbelt Action Plan and Final Generic Environmental
Impact Statement, and
WHEREAS, the use of motorized vehicles on Sprig Tree
Path can lead to increased erosion and a subsequent
degradation of sensitive envirommental areas associated
with Long Pond, and
WHEREAS, the noise emulating from and associated with
the use of certain types of motorized vehicles is known to
have a deleterious effect on wildlife and poses a
potential hazard to the public safety of those engaged in
hiking, strolling, horseback riding, birding or other
recreational or educational activities associated with the
use of Sprig Tree Path,
NOW, THEREFORE, BE IT RESOLVED, that the Board of
-343-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
Trustees of the Freeholders and Commonalty of the Town of
Southampton has determined that it is in the public
interest to close a portion of Sprig Tree Path to all
types of motorized vehicular use except emergency
vehicles, and
BE IT FURTHER RESOLVED, that an accurate description
of the closed portion of Sprig Tree Path is as follows:
Beginning at a point along the easterly property line
of a parcel owned by Nature Conservancy that is identified
as SCTM No. 0900, Section 26, Block 1, Lot 12.1 and
running generally south along the western side of the Long
Pond through various undeveloped, protected parcels of
land owned by Nature Conservancy and the Town of
Southampton for a dista~oe of approximately 5,600 lineal
feet to a point approximately 115 feet south of the
northwestern corner of the parcel iden.tified as SCTM No.
0900, Section 40, Block 3, Lot 50, and
BE IT FURTHER RESOLVED, that the described closure of
Sprig Tree Path to motorized vehicles other than emergency
vehicles or for the occasional removal of illegally dumped
materials or other 11
special'' use by Town Trustee Permit
shall remain in effect until such time as it is determined
that a passive, restricted use is no longer appropriate,
and

RESOLVED, that the Board of Trustees of the


Freeholders and Commonalty of the Town of Southampton

reserves a legal right to amend this resolution to provide


for the closing Of additional portions of Sprig Tree Path
-344-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
at such time when doing so will not adversely affect the
access to adjacent parcels of land in private ownership.
A motion was made by Patrick Heaney, seconded by
William Bennett and duly carried to pass the Sprig Tree
Path resolution.
Fifteen (15) Applications for permit were approved.
One (1) Application for permit was held.
Twelve (12) Mooring permits were approved.
CORRESPONDENCE:
Gilbert Flanagan/Attorney for Avery Corman, John
wourgola, oc: Trustees: Letter confirming that no work
will begin on his client's dock until a meeting among
those concerned has been arranged.
Roy Haje/l'.ln-ConsuJ.tants, Charles Hamilton/NYSDEC, co:
Trustees: Notice of completion of the Romana Drive
dredging project.
John Guldi, Fred Thiele, Jr., oc: Trustees: Letter
requesting completion of a survey and the location of a
spoil area from the Town before issuing a permit for the
Smith Creek dredging project.
Pamela Lack/Club Lane resident t Letter objecting to
the bulkheading placed across her right-of-way.
Ande-rsen Family; Acknowlegement and appreciation for
perpetual mass card sent by Trustees.
David Emilita, Town Board, cc: Trustees: Letter from
The Open Space Committee requesting that the Town

favorably consider turning over the right of access

-345-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
obtained in the purchase of the Madden property on Long

Pond to the Trustees.


Lisa Tettelbach/NYSDEC: Letter stating that a
regulatory package is being prepared by the Bureau of
Shellfisheries to recertify shellfish lands in the Town

that were closed in January 1990.


Roy Haje/En-Consultants, George Hammarth/NYSDEC, cc:
Trustees: Letter objecting to and the inability to honor
request that a dock be installed at the access site to Big
Fresh Pond.
Roy Haje/En•Consultants, George Hammarth/NYSDEC, cc:

Trustees: Letter of agreement for rails to be built on


ramp, in lieu of a dock, at the access site to Big Fresh

Pond.
David Foster: Letter requesting barriers be placed
along the edge of Shinnecock Road to prevent vehicles from
damaging his fence. John Wourgola will reply.

Kenneth J. Guhman: Letter requesting dredging of

Noyac Creek.
Residents of Old Squires Road: Letter complaining of
the condition of their road due to increased traffic.
John Wourgola will reply with a copy going to William
Masterson of the Highway Dept.
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by William
Bennett, and duly carried to pay for the following bills

out of Trustees' Special Account:

1. Henry McCavanagh Romana Dr. jetty $1,800.00

-346-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
2. En-Consultants ref/dock fee Christensen $ 25.00

3. Carol O'Gara office work $ 358.80

4. Dolliver Associates addition to survey $ 35.00

5. Jet Set Printing Ramp & 4WD stickers $ 678.60

6. JEO Realty ref/dock fee Sundays Marina $ 110.00

7. Rec.of Taxes Goldstein/Gerard-East Pond $ 333.03

Edward Warner read the following Bay Constable


report: Clam transplants from the Peconic River to Noyac
Creek were held on April 22 & 24. The first day total for
14 men was 95 1/3 bushels. On the second day, the total
for 7 men was 61 1/2 bushels. The grand total for the two
days was 156.83 bushels.
Seed clams were received on Friday, April 26, and
placed in the racks. The Blue Points Company supplied the
clams which were ·14-lBmm and of excellent condition. A

total of 160 liters which totaled 133,680 clams. I want


to thank Trustees Parash and Bennett for their help.
The new aluminum navigational light was received and
will be put to use.
On Friday, May 3rd, I met with Vinnie Gaudiello from
John Johnson's office and we checked the ramps at
Conscience Point in North Sea and Point Road in Flanders
re: getting estimates for their repair. Will set up time
with him to look at the Fort Pond ramp at Little Neck Road
when the tide is low.
William Bennett said he would like to have the

maintenance men make up and install signs for the fresh


1
water ponds which state 'Fishing For Residents Only".
-347-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
Also, he said that there are two boats tied up at the
Eastport Bay Avenue dock with tenants living on board and
he would like a Bay Constable to investigate this
matter. Sr. Bay Constable John Andersen will be notified
of both requests. He received a copy of the final report
of the NYSDEC Tidal Wetlands Advisory Committee from Dave
11
Emilita An Evaluation of New York States Tidal Wetlands
Program" which will be left in the office for reference
purposes.
Paul Parash said he found out that no vehicles were
permitted on the west side of Elliston Park.
Edward Warner said the oyster transplant held on May
2nd and May 6th from Oyster Pond, Montauk to Scallop Pond
went well. 200 bushels were taken each day for
transplanting. He went on to say that the conditional
shellfish areas are now closed until December. A letter
will be sent to Police Chief Overton and the following
radio stations -WWHB, WRIV and WLNG thanking them for
their help with the rain gauqe readings and looking
forward to working with them again next December.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

-348-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
is issued to Robert Barry, agent for
JR. d/b/a SUNDAYS MARINA, Dune Road &
Road H, Hampton Bays, to construct a new 275' long
bulkhead 20 1 landward of existing bulkhead; construct a 6 1
x 186' dock located east side of property~ construct an 8'
x 20' dock located west side of property; con~truct an 8'
x 20' dock located at center doclq construct an 8' x 31'
extension to center dock.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMl'l" NO. 5903: is issued to Kathleen F. Schwartz, agent
for MICHAgL REINHARDT, Wooley 1 s Drive, Southampton, to
renew Permit 5726 to remove and replace (in· same
location and 20 l.t. of timber bulkhead.
PIPE MUST BE CUT 20'
AWAY FROM WOOLEY !?OND AND THEN CAPPED.
2. TRUSTEE PAUL PARASH MUST INSPECT AND APPROVE CAPPED
PIPE PRIOR TO BDLKBEADING.
3. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
4. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of· the wall.
5. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
PrOject is located on owner's property off wooley Pond, as
per application and survey submitted.
PERMIT NO. 5904: is issued to En-Consultants, Inc., agent
for JEFFRE:Y' ORUEK, 4 Suns'9:t Avenue, East Quogue, to amend
Permit No. 5894 to 4' wide walkway and ramp instead of 3';
as follows: 4' x 135' fixed walkway and 4' x 10' hinged
ramp.
Project is located on owner's property off Phillips Creek,
as per application and survey submitted.

-349-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
PERMIT NO. 5905: is issued to En-Consultants, agent for
NORMAN EMBER, 19 Stone Lane, Quogue, to replace (within
18") 351 1. f. of existing timber bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Stone Creek, as
per application and survey submitted.
is issued to J.M.O. Consulting, agent for
Dune Road, Quogue, to construct a 4' x
4' above grade of marsh), a 4' x 15' ramp
and a 6' x 20' floating dock.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
is issued to J.M.O. Consulting, agent for
Waters Edge Drive, Quogue, to renew
Permit 5723 to construct a 4' x 382' catwalk around
bulkheading.
SPECIAL CONDITION: NO DREDGING PERMITTED.
Project is located on owner's property off Quantuck Bay,
as per application and survey submitted.
issued to J.M.O. Consulting, agent for
182 Dune Road, Westhampton Beach, to
reconstruct (wi 18") 151 1. f. of timber bulkhead and a
12' timber return.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Moneybogue Bay,
as per application and survey submitted.
PERMIT NO. 5909: is issued to Jonathan B. Katz, agent for
ROBERT E. KATZ, Shotgun Lane, Remsenburg, to construct a
4' x 108' fixed walkway (4' above grade), a 4' x 12' ramp
and a 6' x 30' floating dock.
-350-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
SPECIAL CONDITIONS:
Steps must be installed on either side of fixed walk-way
for public pass and repass purposes.
Project is located on owner's property off Speonk Rivet,
as per application and survey submitted.
PERMIT NO. 5910: is issued to En-Consultants, Inc., agent
for STEVEN STARK, Fisk Avenue, westhampton Beach, to renew
Permit No. 5742 to construct a fixed elevated "L" shaped
pier - 4' x SO', 4' x 30' and to replace (within 18'') 183
l.f. of exis·ting bulkhead.
The following special conditions apply:
l. Filter cloth baCking is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Clean sand or gravel only will be used for
backfill. No organic top soils are to be placed ·along the
inside of the new bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT -NO. 5c911: is issued to Land Use, as agent for NOEL
BAND, -Woodcock Lane, Remsenburg, to renE!lw Permit No. 5696
to construct a 4e x 35' fixed dook, 3 1 x 10 1 ramp and a 6'
x 20' float seoured by (2) 8 11 diameter pilings
SPECIAL CONDITIONS:
Steps must be Instal-led on either side of fixed walkwaY
for public pass and repass purposes.
Project is located on owner • s property on a private canal
off Moriches Bay, as per application and survey submitted.

'7:=...~;';;;;ci'"-';i'Mis issued to Costello Marine Contracting


;-,;; , NOYAC MARINA, INCo, Pine Nee k Avenue,
Noyac, Harbor, to resheath 180 l.f. of existing
bulkhead.
The following special conditions apply:
1. filter cloth backing is to be installed on the
inside of ~he new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
resheathing has begun, only clean sand or gravel will be
permitted. No organic to~ soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Mill Creek, as
per application and survey submitted.

is issued to Costello Marine Contracting


MARTHA SUTPHEN, North Ferry Road, North
-351-
(Continued, May 6, 1991, BOARD OF TRUSTEES)
Haven, to replace deteriorated pilings on existing dock (5
fender and 4 inside) and replace approximately 6 pieces of
decking.
Project is located on owner's property off Sag Harbor
Cove, as per application and survey submitted.
PERMIT NO. 5914: is issued to Costello Marine Contracting,
agent for LOUIS SCHWIMMER, Notre Dame Road & Upper Sag
Harbor Cove, North Sea, to renew Permit No. 5718 to
construct a 4' x 52' timber catwalk, 4' x 40' main dock
with offshore deck, 3' x 16 • ramp, 6' x 24' floating dock
with (92) 2-pile float support dolphins.
NOTE: DUE TO A RECENT POLICY CHANGE, THE MAXIMUM WIDTH
ALLOWED FOR FLOATING DOCKS IS SIX FEET. THIS RENEWAL
REFLECTS THIS CHANGE.
Project is located on owner's property off Upper Sag
Harbor Cove, as per application and survey submitted.
PERMIT NO. 5915: is issued to Costello Marine Contracting
Corp., agent for IVAN GROSZ, Bay View Drive, Bay Point,
Sag Harbor, to replace three (3) pilings in-place at dock
facility.
Project is located on owner's property off Sag Harbor
Cove, as per application and survey submitted.
is issued to En-Consultants, agent for
, Wheaton Way, Mecox, to contruct a 4' x
145' fixed elevated (4' above grade of marsh) walkway.
Project is located on owner's property off Mecox Bay, as
per application and survey submitted.

PERMITS HELD

An application for permit from En-Consultants, Inc.,


agent for James Duffy to construct 279 l.f. of timber
bulkhead plus 15' return on west side and 20' return on
east side and to construct a 4' x 200' fixed elevated dock
plus 4' x 20' "L" was placed on hold pending receipt of
the water quality control buffer statement that was filed
with the sub-division map containing any restrictions or
convenants is obtained for review.

MOORING PERMITS ISSUED

PERMIT NO; 91-82 is issued to DAVIS A. GAFFGA, 7 Koral


Drive, Southampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 25' sailing Trimarine (Reg. No. NY
2269 BY) in Bullhead Bay, under the direction of Bay
Constable Christopher Kohnken.

-352-
(Continued, May 6, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-83 is issued to MICHAEL S. BYRNE, 139 Towd


Point Road, Southampton, to place a 150 lbs. mushroom
anchor mooring and buoy for a 19'5" Dynasty (Reg. No. NY
3513 JZ) , in Noyac Creek, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-84 is issued to THOMAS PREIATO, 44 Shady
Rest Drive, Noyao, to place a 100 lbs. mushroom anchor
mooring and buoy for a 16 1 Cobia (Reg. No. NY 2804 DL) in
Mill Creek, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-85 is issued to EMMANUEL KLISSAS, 1544 North
Highway, Southampton, to place a 150 lbs. mushroom anchor
mooring and buoy for a 19' O'Day sailboat (Reg. No. NY
5395 GJ) off Atterbury Road in Shinnecock Bay, under the
direction of Bay· Constable Dale Petruska.
PERMIT NO. 91-86 is issued to HENRY F. VOLL, 154 Red Creek
Road, Hampton Bays, to place a 50 .lbs. mushroom anchor
mooring and buoy for a 15' Thunderbird "Oh llenry" (Reg.
No. NY 5808 OJ) in Red Creek Pond, under the direction of
Bay Constable Kenneth Malone.
PERMIT NO. 91 .. 87 is issued to ANTHONY MARANO, 51 Little
Neck Road, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy_ for a l6l Bayliner "Flotte Erna''
(Reg. No. NY 4190 PT) in Middle Pond, under the direction
of Bay Constable Dale Petruska.
PERMIT NO. 91-88 is issued to JOHN E. SACHER, 35 East
Shore Drive, Southampton, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16' Invader (Reg. No. NY
3272 GN) in Fresh Pond, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-89 is issued to JOHN E. SACHER, ~5 East
Shore Drive, Southampton, to place a 75 lbs. mushroom
anchor mooring and buoy for a 19 1 Flying Scot sailboat
(Reg. Noe NY 4752 EN), in Fresh Pond, under the direction
of Bay Constable Christopher Kohnken.
PERMIT NO. 91-90 is issued to KENNETH & IRMA HERZOG, 54
Shinnecock Road, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy- for a 14' Boston Whaler (Reg. No.
NY 3669 EJ) in Shinnecock Bay, under the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-91 is issued to RICHARD KNOTOFF, 123 Old
Country Road, East Quogue, to place a 100 lbs. mushroom
anchor mooring and buoy for a 22' Rhodes Continental "Cin
Rich The Bill" (Reg. No. NY 2091 EN) in Red Creek Pond,
under the direction of Bay Constable Kenneth Malone.
-353-
(Continued, May 6, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-92 is issued to KENNETH GUHMAN, 79 Cedar


Point Lane, Sag Harbor, to place a 150 lbs. mushroom
anchor mooring and buoy for a 30' Bayliner "Years End"
(Reg. No. NY 6068 JW), in Noyac Creek, under the direction
of Bay Constable Christopher Kohnken. STORM MOORING: TO
BE USED ONLY DURING A STORM.

PERMIT NO. 91-93 is issued to DOUGLAS ADAMS, 41 South Bay


Avenue, Eastport, to place a 75 lbs. mushroom anchor
mooring and buoy for a 22' Thomas Marine Garvey (Reg. No.
NY 9563 EV), in East River off Seatuck Cove, under the
direction of Bay Constable Ted Sadleir.

-354-
MAY 20, 1991

THE REGULAR MEETING OF THl!: BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALlJ.'Y OF THE TOWN OF SOUTHAMPTON ,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, MAY 20 1 1991,
AT 1 P.M.

PRESEN~ WERE: President, Edward J. Warner~ Trustees


William H. Bennett, Patrick A. Heaney and Deputy Town
Attorney John Wourgola.
The minutes of the regular meeting of May 6, 1991,

were read, amended, and approved as amended.

Daryl Dowling was present to ask about the new jet ski
restrictions at Shinnecock East County Park. Edward
Warner said Suffolk County enacted a regulation
prohibiting the launching and/or retrieval of all boats,
including jet skis and windsurfers from the county park
and that all interested persons will be directed to use
designated Southampton Town ramps. Mr. Dowling was told
to ask for a list of all the Town ramps at the time he
purchases his ramp sticker.
Pat and Nicholas Palmer were present to ask if
something could be done about the beach at the end of Cold
Spring Road. They said that when the ocean is very rough
·they go there to swim, however, windsurfers and jet skiers
have now taken over the entire beach and it is very
dangerous for swimmers. Pat Palmer said she was almost
run over by a boat pulling a waterskier last summer. She

-355-
{Continued, May 20, 1991, BOARD OF TRUSTEES)
asked if buoys could be put in the water or signs could be
posted. Edward warner said the Trustees will have a full
board meeting with the Bay Constables to see if they can
close part of the beach for swimming only. He said there
is a law prohibiting the launching of jet skis from the
end of Cold Spring Road.
Edmond Zaloga was present on behalf of his daughter,
Christine, to petition the Board to allow moorings to be
left in the water for three years. He said it is a
hardship for boating people to lift out heavy mushroom
anchors each year. He said his daughter did not remove
her mooring last year and it was impounded. He als_o
thinks the $150. impound fee for the lst offense was
rather steep. John Wourgola said he will discuss the
legislation with the Bay Constables as to why moorings
have to be removed each winter.
At 2:00 P.M. the meeting was opened to the public to
hear all persons for or against the revocation of Trustee
Permit No. 5730 issued to Raymond Nessim, Club Lane,
Remsenburg, to bulkhead 260 1
of bay front property. The
minutes of the public hearing were recorded by a public
stenographer from Suffolk Reporters, Inc. The matter was
left open until the next Trustee meeting on June 3rd.
Five {5) Applications for permit were approved.
Eighteen {18) Mooring permits were approved.
Five (5) Temporary Mooring permits were approved.

One (1) Pot permit was approved.

-356-
(Continued, May 20, 1!::191, BOARD OF TRUS.IEES)

'l'OWN OF SOUTHAMPTON
BOARD OF TRUSTEES

--------------------·------------·--------x
In the Matter: of thP. t't1blic !.no H~sr
held by THE BOARD OF TRUSTEES OF THE
FREEHOLDERS AND C'OMMONALTY OF THE
TOWN OF SOUTHAMPTON to hear any and
all persons P.i.the:r: for. or against the
revocatlon of Trustee Permlt No. 5730
,,F.Hmed to Raymond Nesslin, Club Lan~,
Remsenburg, to bulkhead 260 feet of
bay f.r.ont property.
----------------------------------------x
Southampton Town Hall,
116 !Iampton Road,
Southampton, New York
May 20, 1991
2:00 P. M.

Before

F.bW"-RD J. Wlo'Rt!ER, President.


WIL[,IAM H. BENNETT, Secretaty-Treasurer
PAUJ.o W. Pl\RASH
PATRICK A. HEANEY

Town of Southampton
Board of Trustees.

CAR Qt. 0 1 GARA 8 Confidential Secretary.

APPEARANCJ!:S:

JOHN WORGOULA, ESQ.


DPputy Town Attorney
Town of Southampton

B~NNETT & 0 1 SHEA, ESQS,


Attorney$ for Raymond ttessim
212 Windmill Lane
SC'uth"'mpton, New York
By: JOHN J. BENNETT, ESQ.

SUFFOLK REPORTERS, INC.


P n An'>!'""
2
(Continued, May 20, 1991, BOARD OF TRUSTEES)
2 MR. WARNER: It's two o'clock. Thh: l!! a

notice of public hearing. The Board of Trustees


'
4 of the Freeholders and Commonalty of the Town of

5 Southampton, New York, hereby give notice that a

6 public h~arlng will bP. held on Hay 20, 1991 at

7 2:00 P.M, or as soon after as it m~y be heard at

B Town Hall, 116 Hampton Road, Southampton, New

9 York, to hear. any and all persons either for or

against the revocation of Trustee Permit No. 5130

11 issued to Raymond Nesslm, Clt1b Lane, Remsenburg,

12 to bulkhead 260 feet of bay front property.

13 Dated: Hay 9, 1991.

14 By Order of the Board of Trustees of the


'·-'·
15 Freeholders and Commonalty of the Town of

Southampton, N. Y. William Bennett, Secretary.

17 MR. WOUROOLA: 1 1 m going to begin and I'm

18. going to begin by outlining the documents that 1

19 alreadywhave here for the purposes of the record.

20 We've received certaln letters, and such.

21 Initially, we have an application for a permit,

22 the owner being Raymond Nessim, agent En-

23 Consultants, Inc., dated May 9, 1990, signed by

24 Roy L. Haje, President. Attached thereto we

25 have a 3econd sheet, and it has a project


(Continued May 20, 1991, BOARD OF TRUSTE&PJ 3

2 description on it. ·The third sheet is a cross-

3 section of a proposed bulkhead. Sheet number

four of the application is a sketch of a survey

5 showing the dwelling, pool and the proposed bulk-

6 he~dlng. And finally, as part of the

7 application, there is a photo copy of a survey

B prepared by c. M. Raynor, dated surveyed June 1,

9 1972, l,ast dated November 22, 1974.

10 Then we have a Permit No. 5730 issued by

11 the Town Trustees to En-Consultants, Inc., dated

12 May 29, 1991.

13 I have a copy of the subdlviftion map of

14 Club Lane Estates; surveyed June 26, 1967.

15 I have a letter, dated March 11, 1.991,

16 from Marcia Ledermln, and there are certain

17 enclosures ln that letter, the first of which ls

1B· a deed, dated January 12, 1981 from Morton Leeman

19 to Ray~ond and Sybil Nes~lm, recorded ln

20 Liber 8949, Page 317.

21 There is also a deed, dated January 4,

22 1975, between Henry Drew and William K. Kavan,

23 who are the grantors, Marcia Lederman ls the

24 grantee.

25 There is a reference to a right-of-way


2 r.ecorded ,rune 7.4, '"S8 lf1 dL•'!\r 4476, Page 168

between - Parsellsts grantor, and Hawryluck


'
4 MP.. BF.NNETT: (Interposing) Excuse me,

5 Mr. WDurgola. May I have the date of that?

MR. WOURGOT~.A~ 6/12/58 1 recorded 6/24/58,


6

7 Ljb@r. 4476, Page 16e.

B MR. BENNETT: Thank you.

9 MR. WOURGOLA: And there's a letter, dated

10 December 30, 1968 - we•re still in the package

11 S@nt by M~r.cie Leder.man - a letter from Robert

12 Hdxwell, Attorn~y, to Association of Club Lane

Property owners, and attached to that letter

14 ' there's a letter from Meadow Island Operating

15 Corp. by Robert F. Bossung to Mr. Haxvell. A

16 lett~r from Bennett & O'Shea, dated March 29,

17 1991, just asking to be advised of any dates. A

16 letter from Leona Chamberlain, 8 Club Lane, dated

19 April ~, 1991, opposing the bulkhead. I have a

20 l!!!':tP..r, ~ated Aprll 23, 1991, fx:om Pamela Lack

21 oppo3lng the application. I have a letter, dated

22 Hay 16, 1.991, from Judge Dorothy A. Cx:opper and

23 Jean B. Cropper,

24 MR. BENNETT! Hr. Wourgola, ls it on

25 official stationery?
(Continued, May 20, 1991, BOARD OF TRUSTEES)

.ederrnan 5

2 HR. WOURGOLA: Yes. Okay.

3 Ee~ent!Ally, a permit was lssuad by the

4 Town Trustees for. a bulkhead. Subsequent to

5 tssuance of the pe:r.mltt several neighbors came to

6 the Trustees and have alleged that they have a

7 right-of-way and that the construction done by

a Mr. Nesslm has interfered with the use of the

9 right-of-way. And accordingly the Trustees have

10 scheduled this hearing today for purposes of

11 letting the neighbors be heard and to hear what

12 Mr. Nesslm's response ls, lf any.

We can be9ln, whoever wan.ts to Btart.


"
14 MR. LED~RMAN: My name is Lederman. Would

15 lt be possible to see the permit and application

16 for the permit and inspect lt to see just what's

17 involved?

18· MR. WOURGOLA: Hexe. (Handing to HI.

19 LedexmAp)

20 MR. LEDERMAN; Thank you.

21 MR. BENNETTt If I could - the documents

22 in the f1le, 1f I co~ld have them Xeroxed, then

23 there ~ouldn't be a delay. I'd like to see the

24 letters in opposition.

25 MR. WOURGOLA: I'll see if my secretary is


ederman 6
(Continued, May 20, 1991, BOARD OF TRUSTEES)
2 a val la:ble.

MR. WARNER1 ~nyone el5@ like to be heard

at this time?

5 MR. LEDERMAN: May I have your per.ml~slon?

6 MR. WARNER: Yes, sir.

7 MR. LEDERMAN: Mr. Chairman, I vant to

a thank you and the Tru~tees for this opportunity

9 to talk about the bul.kheading. I want to thank

10 M~. 0 1 Gara for sending me a notice of the

meeting.

12 You kept yom: word. The Trustees

13 !nspect@d the premis~s, as they said they would,

and we appreciate that.

15 Th~ ~ttorney for Mr. Nesslm, who said he

16 woolCI C"ont~ct us about a p~aceable solution, a

17 peaceful solution, did not make any effort to

CPntact us. So W@t try to keep our word.

19 ~noth~r document that may apply is a deed

20 holfl. r.mn:rr:y Ll"'nde, a domestic corporation at 3900

21 Snnrt!le Highwi!liy. W(mld you give the appropriate

22 nu~b~r~? I'm not an attorney.

23 MR. WOURCIOLA: Deed dated Decembfar 7, 1967

24 betwot:~:en Luxury Lands, Inc,, grantor, and Meadow

25 Isl~nd Operating Cor.p., grantee, recorded in


(Continued May 20, 1991, BOARD OF TRUSTEES)
ederman 7

2 Liber 6271, P~ge 528.

M~. LdDERMANl Thank you. In this deed


'
4 thfllre 's ~ sentence that says: "Sub :teet to strand

5 J!Jghts an~ existing r.lghts-of-wRys of record."

6 ~o tha Meadow Land Operating corp., in under-

7 taking thla, was subject to the rlghts-of-vay.

B And in the dt>ed my wife has, there is a right-of·-

9 way, which gives her permission to pass and

10 repass on and over the traveled private road,

11 running from the main village street of

12 Remsenburg to the shores of Great South Bay,

13 adjoining and over land of the party of the first

14 part and the land formeriy of Harguarite Tuthill.

15 MR. WOURGOLA: Are you reading from the

16 deed Ye just referenced?

17 MR. LEDERHANo Yes,

1B MR. WOURGOLAt You're going to have to

19 submlt ~copies of everything you read from.

20 MR. LEDBRMANl rhe subdivision map

21 referred to seema to have a different date from

22 the subdivision map which ls recorded in the

23 Town, 1\.ugust 29, 1968, and yours -

24 MR. WOURGOLA: This is the date it was

25 surveyed.
ederman 8
(Continued, May 20, 1991, BOARD OF TRUSTEES)
2 MR. LEDEP.MAN: I see. This is the

3 ~ffi~i~l ~nbdtvlsi~n map. You can have that.

4 !n trying to find out what rights we have,

! T!l<'\d(l> '!'lt'l ~ffort to contact the New York State

6 Der•n:tml'lnt: of Sti'lt,e, a Mr, Michael Corey, the

7 flo;.fl' en:-: Etw.i.ronMenta11st, who wrote a letter to

8 Mr_. I-1::.-:le, F:n-r!onsll1tf:'nts 1 on June 13, 1990,

9 regarr:Hng th~ Application made by Haje to New

10 Yor~ State for t.hJ~ particular bulkhead!ng that

11 hE" w~~ ttn<l~rt~k ing. ;rust an excerpt from the

12 letter from Mr. Cor~y of New York State,

13 paragraph numbere-d one 1 "According to the

14 suhmttted drawing!\, t:he existing boat ramp to be

15 clo~ed off and backf1lled lies within an

16 approximately 40-foot right-of-way off Club Lane.

17 The ownP.rship and maintenance responsibility fo~

18. this boat ramp is n~t clear. Does the applicant

19 ~hare ~wnership wlth the p~operty owner to the

20 west as a right-of-way owned by an association of

21 ~ome sort, or possibly by the Town of

22 Southampton? Please clarify this question.

23 "Number 2. Please indicate the reason

24 behind the bulkheading and backfilling of a boat

25 t~mp site tha~ appea~s to be serviceable and


(Continued, May 20, 1991, BOARD OF TRUSTEES)
~ederman 9

2 uBeful."

0 ln speaktng to Mr. Corey- I haven't met

M!. Cor~y- he s~id th~t the letter vas


'
5 nnanawer.etl - at least thls h the report given to

6 me, l ha'!en 't seen thA:t - and the reason l t was

7 unanswered, because on the next day the Corpsof.

6 Engineers issued a permit to En-Consultants, Inc.

9 This ls what is called a nationwide permit.

jQ Perhaps you gentlemen are more familiar than I

11 am.
12 HR. WARNER: Mr. Haje is here right now.

He can speak for himself,


"
14 HR. LEDERMAN: But from my understandlnq

15 from Mr, Schumacher of the Corps of Engineers, a

16 nationwide permit is given provided lt la 1n kind

17 .and in: place type of repair for sez:vlclng,. and ln

1B· the event some ·of the rights of thoae vho allege

19 they h~ve rights to this particular bulkheadlng,

20 there is an appropriate paraqraph in the property

21 rights in 33CFR320.3G; which says in effect that

22 the author h:.atlon does not give the one who gets

the permit the right to affect the rights of


"
24 others in thla case.

25 Also, tracking through the DEC permit on


Led~t:mnn 10
(Continued, May 20, 1991, BOARD OF TRUSTEES)

2 the land where the bulkheading was done, and the

3 DEC perrnlt al~o h~s this 20-foot closeup of the

4 :r1qht··of--way, a:nd whP,re they also have what is

5 callec'l a disclalrneor, ~aying that if I can find

6
it, ~y npol~g!e~ - tl1e disclaimer isn't in the

7 pl!"rm1t.

• "G. 1\\1th"rizvtion of ~·ork or structures

by nJ. do~!: n..,t. t"om·~y a ptoper-ty right, nor


9

10
at1thorizt'! ~ny Injury to property or invasion of

11 othE'!-r dghte."

12
The ne~tionwide permit, therefo:r:e, 1s a

13 kh1<:l of ~ f:"hing to avoid bureaucratic delay.

14 Ev~~:y ~ltiz~n who seys I'm doing: what I should be

15
doing to r11;!rair a btll'khead certainly gets it

16
wJthout any r~d tape or p~rmit or any fee - I

17 think, I'm not sure.

tn looking through thi!l, .we find for this

19 closln9 of.f of the 20-foot right-of-way to the

20
shfn'":!!! of the Grel!lt Sotlth Bay, we find that the

applJ~ant in thi~ ~3s~, the owner, who had the


21

22 rlght-~f-way closed up, contacted the New York

23 Stat-e at ::~om~ e:<pense, contacted the Corps of

24 Engln'!er:!, had to go through DEC and contacted

25 th<?: Board l)f Truster.o~, at great expense and cost,


(Continued May 20, 1991 BOARD OF TRUSTEES)
,eder.rnan 11
Elllman
2 not to the applicant, but to the taxpayers. All

of this was turned around just to accomplish one

thing, which seemed to be opposite to that which

5 was deeded to those in Club Lane who have that ln

6 thei:I: deeds, rn.y "rJife being one of them.

7 I have no more, Thank you.

B HR. 'i'JOURGOLA: Can you subrni t to me the

9 copy of the letter ~.too teferred to?

10 Also we're a little disorganized hete.

Raise your right hand, I forgot to swear: you ln.


"
12 (Whereupon Albert Lederman was duly

13 sworn.)

14 MR. LEDERMAN! 1 1 11 be happy to answer any

15 questions.

16 MR. WARNE~! We want the input right now.

17 An)'one else car.:e to have some input? Yes, slr.

E L L I MA N , having been first dUly swoEn,


" ·DONALD
19 testified as follows:

20 HR. ELL I MAN: 1 am here in the capacity as

21 President of the RemsenbuEg Association. I'd

22 jtist like to say that if the validity of this

23 right-of-way is clearly established, then I

24 sincerely hope that the Board of Trustees will


25 find i t possible to uphold lt. I think it would
~1 1 J.man
(Continued, May 20, 1991, BOARD OF TRUS~EES) 12
llnick 1
2 be a bad precedent to have this kind of invasion

of :r.lghts go unch&lleng!!d. Thank ytm, sir.

HR. WARNER: Thank you.

5 Someone else have something to ~ay at the

6 meeting here?

7 MR. JILNICKI: My name J.s John Jilnlckl.

6 I'm here on behalf of my parents, Charles and

9 Ellen JUnick1 1 residents of Club Lane.

10 I put together a little package of the

deeQe which originated the rlght··of-ways, ana. I

12 have a eopy for each Board Member, lf I can hand

13 them out to you.

MR. WARNER: Very good.

15 HR. JILNICKI: Basically, not to repeat !lo

16 much of what was said earlier today, yQu 1 ll see

17 that the documents in question set forth the

16 right-of-way. The :F.ir.st one states that the

19 right-of-way runs ftom the main road down to

20 Moriches Bay. After that, in 1932, they felt it

21 was neCessary to define this right-of-way a

22 little more specifically, and in 1932 they

23 entered into an agreement specifying that the

r19ht-o£-way at the shore was 41.94 feet vide.

25 The parties to that agreement are listed on


(Continued, May 20 1 1991, BOARD OF TRUSTEES)

llnlck t 13

2 PAge 2 of my cover letter., and my parents ar.e

3 !JHlCCf!ssor.,; tn int.P.ro:!'!t to Edward Arnold, who was

4 a p;nty to that ~qrel;l!ment.

5 Just to sum up basically - I know that I

6 walked in a little 1~te, I don't know what deeds

7 they haa submitted to you prevlousiy - but I

8 think t:his information establishes the right-of-

9 way.

10 Your Truste~ regulations %equlre the

11 consent of any party interested in the right-of-

12 way before a permit is h!sued. And my clients

13 did not give consent, they were not even

14 approached to obtain their consent. And we ask

15 this Board to ~epeal'the permit and order the

16 bulkheadlng removed.

17 One other thing I'd like to note. The

18 boat ramp, the open part of the bnlkheading,

19 basically straddles the rlqht-ot-vay, which means

20 that a portion of lt is not even on Mr. Nesslm's

21 propertyt bttt the adjoining owner, who I Oon't

22 believe was an applicant for the permit.

23 I think that just about sums it up. The

24 doC\lments are self·-explanatory. In the margins I

25 tried to note where the road is defined and where


Jllnicki (Continued, May 20, 1991, BOARD OF TRUSTEES)
14
Voehl
2 the tight-of-way is defined in the document,

itself, for the Board's convenience.

Thank you.

5 MR. WARNER: Someone else have some input

6 here?

7 ELIZABETH V 0 E H r~ , Club Lane, Remsenbu:rg, N, Y.,

B having been first duly sworn, testified as

9 follows:

10 MS. VOEHL: 1 1 m Ellzabeth Voehl, Club

11 Lane. I oppose the closing of the right-of-way.

12 I think i t vas nice for residents on the street

to be able to walk down and walk into the bay.


"•
14 Now, if they want to use the right-of-way, they

15 have to jump off the bulkhead. I don't think i t

16 was right that nobody waa even notified that thim

17 was being done.

16 MR. WARNER: Thank you very much.

19 MS. VOEHL: My sister-in-law, prior to me,

20 did have right-of-ways, like they said, ln their

21 deed. But I didn't bring mine.

22 MR. WARNER: Thank you. Someone elee?

23 R I L E Y Mc N E 1 L , havlnq been first duly sworn,

24 testified as follows~

25 MR. MCNEIL: There was one thing that was


{Continued, May 20, 1991, BOARD OF TRUSTEES)
.HcNell 15

2 mentioned prior that sald that the new bulkhe~ad

3 conslstinQ of approximately 20 feet was on Mr.

4 Nessim'e property. That, according to this

5 survey that was pu·t in with the application,

6 shows that no part. of it is truthfully on Mr:.

7 Nes.sim's property. tt•s below mean low water.

8 And this was prepared by hl8 men in the

9 Application to the New Yorl': State Department tlf

10 Environmental Conservation.

11 MR. WOUROOL~: Mean high water.

12 MR. Me NEIL: It's low water, al.so.

13 MR. WARNERt It's below the mean low

14 water.

15 MR. MC NEIL.: According to what vas

16 submitted to the State - I think 1 1 11 probably

17 show you, Ed. You got her'e mean high water, I

16 believe that second curved line means mean low

19 water.

20 (Whereupon a discussion was held off the

21 record.}

22 MR. MC NEIL: It's not on anyone 1 s

23 property, other than the· Tru~tees.

24 MR. WARNER: That's right.

25 M'P.• MC NEIL: I'd like to submit that as


.McNeil (Continued, May 20, 1991, BOARD OF TRUSTEES)!S
aje
2 part of the evidence.

3 MR. WARNER: Someone else have some input?

MR. LEDERMAN: ln the appltcat1on, are

5 these ~worn documents? Ate these the w~y they

6 should be? Is this plan or th1s plan a certified

7 map? 1~ this what wa8 there before they changed

a it? CRn anybody answer that?

9 MR. WARNER: What are you questioning now?

10 MR. LEDERMAN: This plan, does lt show all

11 the details of the present bulkheadlng?

12 MR. WARNER: Does it, Bill? This is your

13 area.

14 MR. WOURGOLAl 1 believe that 1 s a sketch

15 prepat'ed from a survey- I'm not sure. Mr. Haje

16 is h~re; perhaps he can answer your question.

17 MR. WARNER: Roy, Come up, please.

18 MR. HAJE: I took i t from the survey.

19 ~R. BENNETT: I would sugqe5t that to

20 finalize the factual circumstances of the

21 survey -

22 MR. HAJEt The survey usually doesn 1 t ~how

23 low watet, They usually show a highwater line,

24 and that's it. I have to show mean hlgh and mean

25 low water.
Haje {Continued May 20, 1991, BOARD OF TRUSTEES)
17
R.HcN~il

2 MR. WARNER: Your mean low, the bulkhead

3 Is !!~award of th-;o fll'!'.;\0 low water.

4 MR. H~JF.: That's correct. Because the

5 we-t~t ltP.n t up into ':he slip • little bit.

6 HR. WARN!l:R: Even at low water, i t was

7 !';tlll

• ~P. HAJEt I have a photograph, which

9 shows at low water where i t was. That shows the

10 low water line to be a little bit outside of it

11 'lctually.

12 HR. MC NEIL: Excuse me. Could 1

13 interject something, being it was something I

14 " brought up7 I don•t want lt to run ~razy. One

15 of the things on the permit says he has to stay

16 within 16 inches of the old bulkhead, which would

17 put him in lov water.

18 MR. WARNER1 Here's a picture before at

19 lov w~ter is all he's saying.

20 l-1R. WOURGOLA: Let's stick to the

21 discussion of the right-of-way.

22 MR. MC NEIL: 1 thought we weEe on the

23 bulkhead.

24 MR. WOU~GOLA: We are.

25 MR. BENNETT: Excume· me. I have to object


(Continued, May 20, 1991, BOARD OF TRUSTEES)
oehl 18
.HcNell
2 to this method of procedure. You have no one

sworn, you haveo, thr~e people. This is going to

4 b~ meanless colloquy on the record.

5 MR. WOURGOLA~ Are you going to call Hr.

6 Haje ae a witness?

7 MR. BENNETT: Ye~, I am going to. This i~

8 . not the -

9 MS. VOEHL: I have been down there at low

10 water. _That slip had no water in 1 t at low tide.

11 MR. WARNER: Who else? Mr. Bennett?

12 MR. MCNEIL~ I 1 d llke to say one other

13 thing. I have another: deed that goes back to the

14 earliest that we could find. It was from David

15 Tuthtll. I 1 d like to have that entered in, and

16 1t 1 s for the assignees forever.

17 MR. WOUROOLA: 1926 deed.

MR. HC NEIL: No, it was 1846, April 10 1

19 handwr~tten. And this is the r.lght-o£-way at the

20 end of Club Dock Road, as per the Remsenburg

21 Historical Association. This is what was at the

22 end of the road at one time. It was shortened

23 fx:orn Club Dock Road to Club Lane. It 1 8 in

es~enee what i t was, and this is ~ picture of the

25 dock at the end of Club Dock Lane. It's not


(Continued, May 20, 1991, BOARD OF TRUSTEES)

R.McNeil 19

2 something that vas a small thing. That's in fact

where t.hP. sailing clnb 1.ras at that time.


'
Th~nk you,

5 MR. WARNER: Is there anyone else who has

som~thinq to come before the mel!ting?


6

7 All t:ight, Mr. Bennett.

B MR, BENNETT: Than·k you, For Mr • Raymond

9 N~;>s"!:im, ,John Benn~tt, Benn'!tt & O'Shea, 212

10 Wtndmill T~e~ne, ~O\tthampton, N. Y.

11 I plann~d to have Mr. Haje, who was the

12 1mHv1Cin~.l who p-cocmrl!d the permit for Mr.

13 NP.a~1~, to expl~in the circumstances leading up

14
• to th~ granting of th~ permit, as well as to give

15 his teetirnony as an exp~rt about the physical

16 characterl.3tiCs of the pruperty upon which the

17 permit was granted.

1B One thing that shOuld be clea~, and I

19 think ~hat your own review of the record will

20 di~close this, is that we did disclose everything

21 when the permit was qranted. If you look at the

22 actual permit eppllcatlon, you'll see that a

23 right-of-way 1~ disclosed on the permit

24 application.

25 ~nether thing I would like to highlight


(Continued, May 20, 1991, BOARD OF TRUSTEES) 20

2 for you iA, as the photograph that Mr. Haje

displayed to you showed and I will have him rP.-

4 dhplay it, actually there h no· water ln the

5 boat slip at the time of low water.

6 Primarily, what I want to present to you,

7 my present9tlon to yolJ today, is more of a legal

8 argument, Mo~t of the objectants to the

9 continuance, as i t wPre, of this permit, have

10 ~tated letters from the DEC and the Army Cor~ of

II Eng1neers, saying that the granting of the permit

12 does not establi~h property rights. We have

13 abF.olutely no argument with that. But that

14 doesntt gain anything for the objectants. In-

15 deed, Wt!!! don•t think 'that anybody should be in

16 the position of determining property rights, and

17 that•s exactly what the objectants are asklnq you

18. to do. The exietence of a rlght-o£-vay - and

19 wl th yo'n permission I 1 11 e:ubmi t a legal

20 memorandum after I 1 ve had the benefit of all the

21 factual input today - but the exletence of a

22 right-of-way to water doe~ not, unless expressly

23 granted in the right-of-way, give the holder of

24 the right-of-way the right to wharf out to

25 naviqablUty.
(Continued, May 20, 1991, Board of Trustees)
2l.

2 lfR. WOUIWOLA: I don't think we nflet'l to

3 get to that i~~u~. The issu~ here 1~ that w~'r~

4 At.tP.mpting to establi5h that there 1s a right-of-

5 way. I don't know whether you're 1n a posltlon

6 to cons~nt or ~cltnowledge that a :r::ight-of-way

7 dof!s exist.

8 MP.. BENNETT: J will acknowledge that

9 there ls a right-of-way, but not the breadth of

10 that tlght-of-vay.

11 MR. WOURGnt.J. ~ Whenever a rlght-of-vay ls

12 lnvoJvl!'d, that the consents of all the persons

13 h"ldlng rights bP. submitted.

14 ' MR. B'€NriETTf If everyone 18 hone!lt about

15 it, what they vlll admit is that the reason, the

16 very rational~ for that rule ls not 1n bulk-

17 h~adl.ng ca~es, lt 's for constructions of docks 7

18 bl;l!c~os~ that's When the Board has run into

19 trouhl~. when all ~£ ~ sudden, someone

20 constru::-ted a t'IOC'k. on a right-·o£-w.ay that some-

21 body claims ox a piece of property that somebody

22 else claims a right-of-way to. If you look to

23 the legislative history, as lt were, for the

24 ra.tlonale for that consent rule, I trust you will

25 find th-'9.t in ev~ry oase the reason i t came up was


22
(continued, May 20 1 1991, BOARD OF TRUSTEES)
2 because someone put a dock on a piece of propert~

that there w~re cnnfllctlng claims to. I don' I


'
4 think this Board ha~ ever applied that rule when

5 tt carne to bulkheRding. I mean, obviously, you

6
wtll ha.vf! to do your: analysl9, but I think

7 cert~lnly in my experience, anytime that the

• whole reason for th~ consent rule coming up was

9 when someone wanted to construct a dock. It

10 would be the appllc~tion of a rule without reason

11 in thle particular instance.

12 MR. WOURGOLA: I don't agree with you, and

13 think the instant case is a perfect case in

14 ' point. Assuming, arguendo, that you are correct

15 and there's a right-of-way and it's limited to

16 pede3trian access, by virtue of what your clle~t

17 has done, he's interfered with that tight.

18 MR. BENNETT~ That, again, is assuming the

19 breadth of it,

20
MR. WOURGOLA: I'm assuming there's a

21 right-of-way for these people to walk down and

22 acces3 Moriches Bay. At this point lf you go

23 ~own there, they do not have the ability, short

24 of jumping off the bulkhead to the watet:, to

25 ac:c'!E:S the bay.


(Continued, May 20, 1991, BOARD OF TRUSTEES) 23

2 MR. BENNETT: Nowhere in the documents is

3 ther'!! a. rJ.r.:tht trl Gr~at 1Jouth Bay granted. What

4 it l~ad~ to i~ th~ incorpor~ble conclusion that

5 vou c~nnot ma.~e ~ determination on this permit

6 t#itho,Jt constru~ng the right-of-way. And thst's

7 not what this Boar~ is in the business of doing.

8 That'e: ~ clvll matt'=!r·. This Board isn't in thP.

9 buSiness of doln~ thet. You've taken that

10 -position \n oth~r litigations, as a matter of

11 faC't, You've t!!lken that pO~·ition in the Hampton

12 Point l!tlqatlon. You've taken the position

13 yon're not going to be 'involved in con!'ltr.ulng the

14 ' rlqht-of-way. If given the time, I could find a

15 couple of other exam'ples.

16 MY concEirn ie; that all of a sudden this

17 Board is starting to construe a right-of-way as a

18 ~asis for their determination. I might add that

18 thi~ 1~ a pe~mit wht~h was g~anted with the

20 right-of-way b~ing disclosed.

21 MR. WOURGOLl\r We'~e not discussing the

22 sco:~p ... of th!! ri~ht-of-vay, and I don't think ve

23 have tn q~t to thAt at all. We're discussing the

24 faet tllat the Tnu=tees require the consents from

25 the prop~rty ~wne~s holding an interest in that


(Continued, May 20, 1991, BOARD OF TRUSTEES) 24

2 right-·of-vay, and they haven't been produced in

3 this case. That's the issue. 1 don't want to

4 debate the scope of the r lght-of··way. I don 1 t

5 think it's necessary.

6 HR. BENNETT 1 You granted the perm! t,

7 HR. WOURGOLA: Perhaps Mr. Bennett made a

8 mistake.

9 MR. BENNETT: Fine. That's wonderful. By

10 the Law of the state of New Xork~ a permit

11 granted conveys certain vested rights. Number

12 one. Number two, the law in New York is also

13 clear, despite what many municipal lawyers think,

14 that estoppel will lie against a municipality or

15 one of its subdivisions. To the extent that

16 there is a general rule about estoppel and

17 municipal agencies, I would think this body,

1B· because of its very unique creation and the fact

19 that tne way it holds land, is no doubt subject

20 to those estoppel rules. would be very, very

21 cautious about saying that all we're doing ls

22 trying to figuxe out whether or not the

23 appropriate consents wexe there, because I think

24 that this body, number one, is subject to

25 estoppel; number two, ls not subject to the


{Continued, May 20, 1991, BOARD OF TRUSTEES) 25

2
qeneral rule abo'Jt munioipalitlesnot being subject

3
to estopt:>el.

4 I b~lieve, number one, I believe the

5 eftect of what yon do here today, 1f you revoke,

6
Yf'll will be construing a right-of-way, which I

7 don't believe you can do. And number two, thin

8 is a pP.rmlt vhleh was validly issued. There is

9 no aueetlon but that there was full disclosure as

10 to the exi~tence of the right-of-ways. The

consent I think- ~nd Mr. Wourgola and l have a


" dlfferenc'!.'! on th:l. s - but the rationale fo,; the
12

13 consent rule has always been in c!.se!l of what was

14 being considered was the construction of a dock.

15 If you all search your memorle!5, you'll have to

16 agree with ml!!.

17 HR. P~R~SH: Anything we give a ~ermlt on,

,.. wh~the--r \t 1 s e dCIC!k Cit: bulkhead, ve want consent.

19 M~yn.- q~for~ mP-, lwt todl!\y this BoaJd, anything

20 th.:o~t w@> r.f.'quJre, thst requires a permit, requires

21 a consent of all the- people that have use of the

22 rlght-of-v~y. As far as I'm concerned, it 1 s not

23 just a dock.

24 MR. WARNER: we have issued a permit on

25 Tru£=teo:>s propeorty wh~?re the bulkhead 1s, Whf!re


Haje 26
(Continued, May 20, 1991, BOARD OF TRUSTEES}

2 the Trustees property -· we issued that permit anct

th~t blocks off ac~~sR to Moriches Bay.


'
4 MR. BENNETT: I'm not sure I'm willing to

5 r.once~e that, Mr. Warner. I think Mr. Haje's

6
t~etimony regardinq the location of the high and

7 low water mark might have ~orne bearing on that.

8 Could I have Roy come up and just go through the

9 common process that he went through, as well as

10 glve you a physical description of the land?

11 MR. WARNER: Absolutely.

12
MR. BENNETT: Okay.

MR. IU\JE: Roy L. Haje.


" MR. LEDF.RMAN: He d 1d not swear.
14

15 R 0 Y L • HA J E , having been flrat duly sworn, testified

16 as follows:

17 HR. HAJE: The way the project -

18 MR. WARNER: Wait a minute. Flr8t, the

19 ~easo~ why he brought you up here was the comment

20 th~t I mad~. I made the statement that we issued

21 a permit on Trustees property for this bulkhead.

22 This bulkhead is on Tt:ustees property. And that

23 bulkhead, when it was put in place, i t blocked

24 access on that right-of-way of the people to

25 Ho~lchea Bay.
(Continued, May 20 1 1991, BOARD OF TRUSTEES)
Haje 27

2 MR. BENNETT: With ell due respe~t, that's

3 sort of a compound question. Can I have him

4 answer that in two?

5 MR, WARNER: Perfectly all right.

6
MR. HAJE: Regarding the lines of mean

7 high and mean low water, the line of mean high

8 water certainly does go up into that what used to

9 be the boat Blip. I probably showed the line of

10 mean low water to be too high because the

11 photograoh Which I have actually shows it as

12 being pretty much right across the face of it.

13 MR. BENNETT! Can you display the

14 photograph?

16 MR. ~ARNER: Roy, once a bulkhead le ln

16 place and the hlqhvater mark ls broken so that it

17 can't go up on the beach, that's out in the

18· water, so that makes your hlghwater mark.

19 ~R. HAJE: Then the high water would be

w touching the bulkhead.

~
MR. WARNER: That's Trustees property.

~
That's the point I wanted to establish.

~ MR. HAJE: So again, the line that I

M showed on the work plan, which was adapted

~ directly from the survey, at a smaller scale,


Hl'l.jP. 28
(Continued, May 20, 1991, BOARD OF TRUSTEES)

2 ~hows the mean high water to be ln the slip;

3 that probably !!'-hOtlld he out further, judging by

4 that photograph.

5 MR. BENNETT: That was not a eurvey that

6
you ar~ referring to, is lt?

7 MR. HAJE: No, it's not a survey; it's a

8 diag~am of the work to be done, which ie based

9 upon the eurvey by Raynor & H~rcks.

10 MR. PARASH: I don't know why we have the

11 photograph.

12 MR. W~RNER: took at the photograph here.

13 That's whP.re thP high tide went into.

14
' HR. HAJE: Right.

15
MR. BENNETT~ Mr. Haje, I'm displaying to

16
you e photograph, and can you explain to me what

17 that photoQraph is a representation of?

18 MR. HAJE: lt's a photograph of the slip

19 and t~e bUlkhead facln~ south at the Nesslm

20
property, taken by me.

21
MR. BENNETT: It was taken by you. Does

22 this photograph accurately represent the Neee:lm

23 pr('\per.ty?

24 MR. HAJE: At that particular time, it

25
{Continued, May 20, 1991, BOARD OF TRUSTEES)
Ha:h~ 29

2 MR. BENNETT: What would you teet.lfy would

3 bP. th~ eondlt:ion of the water at the time you

4 took th~t photograph?

5 MIL H1L1E: Quite low.

6
HR. BENNETT I Okety.

7 MR. PARASH: Quite low. I don't know if

a that's a valid piece of evidence so far as where

9 th~ tid~ is.

10 MR. H.A-JE: 1\t exactly what stage, I don't

11 know, Again, i t w~s low; whether it ha~ any

12 mo~P. to go out or wh~ther it was on the way back

13 in, I ~on't know.

14 MR. WARNER: W~ were up there with a full

15 B~ard inspection on that same bulkhead right

16 there, and the tide was about high, I would say,

17 and it wa~ p~obably two, two and a half feet up

18. on th~ hulkhead 6 itself. 1 would say it was

19 ahout hJgh water. The date we have in our

20 r.;!cords, \ f you want the date for that. Probably

21 ~1~ we~ks ~go, I would say.

22 MR. BENtlETT: ~an you explain to the Board

23 mE>mbe!:>:"S, Mr. Ma:}e, ~"hat documents you subm1 tted

24 to th"! Board in your attempt to obtain this

25 p~,-:-mit?
Haje (Continued, May 20, 1991, BOARD OF TRUSTEES) 30

2 MR. HAJE: Yes. The documents submitted

3 to the Board were th~ir appllcat1on for permit

4 with proj~~t description attached, the work sheet

5 ln two pages, which we were juet discussing, the

6 ~1.1rv'!y of the property by Raynor and Marck!l upon

7 which it was based, and an application fee.

e MR. BENNETT: Mr. Haje, did that

9 application ln any way show the existing right-

10 of-way$ on the Nessim property?

11 MR. HAJE: Yes, it did.

12 MR. BENNETT: Mr. Haje, could you tell me,

13 if you could, what the condition of the bulkhead


,-,I
14 was - strike that,

15 Old you see the bulkhead prior to its

16 reconstruction?

17 MR. HAJE: Yes.

1B· MR. BENNETT: Can you tell me what the

19 conditton of the bulkhead was?

20 MR. HAJE: Any particular -

21 MR. BENNETT: J'JSt its physical condition.

22 Was lt ln good repair, bad repair?

23 MR. HAJE: There were sections of it which

24 were heeling out seaward. Other sections were

25 vertical.
(Continued, May 20 1 1991, BOARD OF TRUSTEES)

HajP. 31

2 HP. BENNETT: Bnsed upon yout P.Xperience

3 in th.ts. ;ui!a, wo•Jlt'l ynu ~ay it was P.t s<:~fe or.

4 nnsAf~ condition?

5 MR. HAJF: would say it waa •Jnsafe. It

had to he repla~~d.
6

7 MR. WOURGOLA: Confine thle testimony with

B re9ard to the bulkhPad, that portion we're

9 de~Jlng with, overt~~ right-of-w~y. The rest

10 woul~ he hr.~ levant.

11 MR. BF.NNmTT~ lt's r~levBnt for me to

12 demonstx1.1te the !'!Ubstantial amount of

13 P"pt;ond 1f:ure:<; put 1nto the replacement of this

14 bulkh~~~ an~ what will h~pp~n to MY. Nesslm if

15 thh h I'l!"qtH:r~d to be rl!'moved or repaired o:r:

16 alte-r""CI.

17 M~. WOlJRGOLA: At lssue here is the

16· portion in front of the right-of-way.

19 ~MR. BENNETT: I don't know enough about

20 englne@ring, but my gueS$ is that it's not simple

21 to d\S@ect, as i t were, the bulkhea~s. It may ox

22 may not be more of e unitary ~ntity, so you can't

23 talk a!:mt,t on'! portic-n. I'm going to call Mr.

24 NP~stm. Was th'!"r'!! ev•r any intent, Mr. Haje,

25 lnt~nt ~n you~ paYt, not to disclose to the


lla j e (Continued, May 20, 1991, BOARD OF TRUSTEES) 32

2 Ttustees the existence of a clalroed right-of-way

3 in the area?

4 MR. H~JE: No, absolutely not. I would

5 h~v~ no r~a~on to w~nt to do that.

6 MR. BENNETT: At any time in your

7 discus~lons, did anyb~dy make - in your

• dlst'uss,ions with the 'l'tustees or with any one of

9 their agents - was there ever any discussion

10 about this right-of-way?

11 MR. HAJE: No.

12 MR. W~RNER: Roy does know we have to have

13 permission from all the property owners that are

14 entitled to u~e the riQht-o£-way. We have to

15 have written permlssJon fo:r: docke, o:r whatever:.

16 'l'his has been for a lot of years.

17 MR. BF.NNETT: Okay. I don't have any

1B. further questions of Mr. Haje, unless you do.

19 .MR. 'HARNER: Do you have any questions,

20 Pat?

21 HR. HEANEY: Not at this tlme.

22 HR, WOURGOLA: now many applications would

23 you say you presented to this Board over the

24 pe:r:lod of a y~a~?

25 MR. HAJE: Probably a couple of hundred.


( Continued, May 20, 1991, BOARD OF TRUSTEES)
Haje 33

2
HR. WOURGOT.. A: A:r:e you familla:r: with the

3 D~O~P~~rPs lnvo]v~d in dealing with a right-of-

4 "'"'-Yi'

MR. H~·lF.: y,.~.


5

6
'1P.. WOI.IF00T,A: Are }'OU familiar with the

7 f.~r-+ th~t- thP. Tr.ueteoes, the lon9standlng policy

8 te t:o :rP'11J:I.ri!- coon'31!'l"JtF> from anyone having an

9 lr1t~~e~t in a right-of-way?

10 MP.. HA,JE: Yes,. but i t 1 s always reguested

11 of 111e. tn this casr:'!, it wasn•t.

12 MR. WOTJRGOLA: You•re familiar with that

13 p;tor.~Jdt1XI'!, and by virtue of the fact that someone

14 ' dl~n't specifical:ty Y.'P.queat it,. you assumed they

15 wP:r.en' t neeCied7

16 MR. HAJE: Yes,

17 MR_ WARNER: ~ill, do you have a question?

,.. TRUSTEE BENNF.'f'r: Mr. Hsje, I have

19 t':"quo;o~~ed hom yC'u ~-:-ve:cal times over the yeax:s

20 tt' ah/'l'l)'S disclose that on rlght-o£-·ways, that

21 yttu htJVE' permhslon ftoro the property owners.

22 MP.• Hl\.11!:: W~?ll ~

23 TRUSTEE BENNETT: Always, because eight or

24 n1nE" yee~rs Elgo I hacl a problem with a right-of-

25 w::~.y, ~nd that 'ient to cou:r:t. But you couldn't


(Continued, May 20, 1991, BOARD OF TRUSTEES) 14

2
Oulkhead acrosS- the right-of-way - the Judge

3 determIne~ that ·~ ln this particular: cas.e,

HP. BENNET'£': That•s my point, i f you

5
wi11.

6
TRUSTEE BENNE'l'T: He wOuld not let him

7
bulkhead the r!ght-of-way.

8 MR. BENNETT: I know I'm inte~ruptlng, but

think it's an ~ppr.opriate point to bring out,


9

10 is th~t y~u can't ma~e this determination without

11 of necee~~ty con!tru1ng the easement. The

12
e~aement may very well be limited to allowing the

13 hol~~~ ~f an ea~~ment the ability to walk down to

14 the wat.er 1 s i!>dge. Nothing more, nothing less.

15
TRUS'rE€ BENNETT: They can 1 t walk to the

16 water 1 $ edge now. Every one o£ these people here

17 now wott1d br'!al~ their legs if th"!y t:rled to walk

18 to w~ter's ~dge; 1 can guarantee you that.

19 ~MR. WOURGOt,A: We are here, the Trustees

20
reqt.1lr!'!d ccn'31!nt3, the con:5ents were not provided

21
by th~ applicant's agent, who le fully familiar

wlth the proc~dur~s o£ this Board for one reason


22

23 or nnoth~r. I 1 11 let Mr. Bennett speak to hov

24 this hApp~ned, vheth~r i t vas a mistake, here we

25
(Continued, May 20, 1991, BOARD OF TRUSTEES)
amutl!l.s JS

2 HR. BENN~TT 1 That 1 s the sole issue as

f.~r.: ~~ you' r~ t'OOC'Prned, whether or not the


'
4 ~ppropr.ietP c~ne~nt.s were obtain~d. Is that the

5 ~~le lssu~ of thi~ h~aring?

6 Hn. WOURGOLA~ That is the purpose of this

7 hearing.

6 MR. BENNETT: If I ~oul~ have Hr.. Samuels

10 T ll 0 M A 8 F. • s A M U E L s , having been flrst duly

11 sworn, t~etified as follows:

12 MF. SAMUELS: Thomas E. Samuels. I'm the

13 President of James H. Ra~bo, Inc.


f
14 MR. BENNETT: Mr. Samuels, how long have

15 you been in thls type of business?

16 MR. SAMUELS: Since 1967.

17 MR. BENNETT: Are you generally the

1B· individual who prepares estimates for work?

19 _HR. SAMUELS: I'm one of two- either my

20 partner or myself.

21 MR. BENNETT: Are you generally familiar

22 with the cond~.tion of the Nesslm bulkheaCI prior

23 to the time it was repaired?

24 MR. SAMUELS: Yes.

25 HR. BEHNmTT: can you describe fo% me, if


(Continued, May 20, 1991, BOARD OF TRUSTEES)
8':\muels 36

2 you will, what the conaltlon of the bulkhead was? __

3 HR. SAt1UEL~: Yes. We have wot:kE'd on the

4 h1llkh"!ad p'=!r.lo•.Hca.lly over the years repairing,

5 try'nt::'l to -r~>1nforC'~ the ::;tructnre, and the winter

6
prln~ tn th~ appllc~tlon a large section of lt

7 hc:tr't hnwF>d out tow<'\:r.c1. t:he bay, tie··rods had let go

8 ~n~ ~or~~ ha.d l~t q~, and a large section had

9 qnn,. nnt: towarc'l. the hay. The returns or the

10 h11lkh~!!"'dinq, whlch ~t~alntaln what 1 considered a

11 ~11unr.h\n'.:! rnmp, which is the place tn particular,

12 were I!I!!"P.r.e!y deteriorated and had broken down,

13 the top vhalers were missing, some of the pilings

14 'lf"re br.nkl!n, i.t had been - the land around it,

15 tht=! t1p~.and around the> back of this boat ramp, if

16 T can use that term, had washed 1n from periodic

17 ~torme. The nr.:iqin~l bulkhead was too low,

18. actually to protect the upland of the property,

19 and 1-:he~ periodic overtopping washout of fill,

20 etc., etc. I might add that my recollection-

21 and I'm vpry familiar with the property, having

22 be~n down th~re I 90ess six or eight times

23 cert~inly over the last five or six years - that

24 the ~and or. the soil in the launching ramp

26 r>~t"'nii~r'l out bevond the bulkhead line, In other


(.Continued, May 2 0, 19 91, Board of Trustees)
37

2 wotds, there was a tr !angular ahoal whlch went

3 n11t f~nrn ~lth~r sJde of this zamp, which, of

4 rour:o:~l'!', i~ why it could be used as a ramp, lf lt

5 WI!J:P ~tBI?"' RS a rRmp. If the low watex: mark had

6 not "!Xt!O"nded seawar.d of the bulkhead, then you

7 would h!'lv~ had a r.emr..rkable phenomenon there

B wher-P t:h.E' soil just stopped with nothing to hold

g it. If l am going on too far, just stop me. I'm

10 trying to heip you in narrative form, if I can.


1
11 I 1'1 defJ.nltE>ly not adversary to theBe

12 peOple rmd certainly not to the Board, and

13 certaJ.nly not to my client, my customer, x:ather.


I
14 MR. BENNETT: Would you say, then, the

15 bulkhead generally was in the need of repair?

16 MR. SAMUELS: It was dramatically in need

17 of repc:~it:. The:te was a potential of what would

18· have b~en a severe failure of the structure on

19 the ba:;i front.

20 MR. BENNE'l'T: r 'm trying to characterize,

21 tq:lng to get an estimate fi:om Mr. Samuels, what

22 it would cost to return to a configuration of the

23 bulkhead prior to the permit, the new permit. So

24 it's a little bit cumbersome or difficult to do

25 that without asking what the effect of the


(Continued, May 20 1 1991, BOARD OF TRUSTEES)
Samuels JB

r.evocation of this permit would be. Is i t the


2

3
Bnard's intention, if they desire, to remove the

4
I'!Xt~mt p~rmi t to rl'!quh:e reeonstrue!tlon of the

bul~heading in its prior fashion?


5

MR. WOURGOLA: 1 can't speak for the Board


6

right n~~. I don't know what they require.


7

B
MR. BENNETT: What would be the result if

9
this pe~mlt w~~ rescinded, Mr. Samuels?

10
MR. SAMUELSl The first thing you'd have

11
to d" wottld be, I would, as a contractor, and

!nstruc~ th~ own~r that he would have to go back


12

13
t~ the Board of Trust~es, the DEC and the Army

14 ' Cor~of Enoin~e~s to qet a permit to remove the

structure, Then I'd have to get a permit to


15

16
build the two returns which reinforced the sides

17
of the o;t!'ucttne. l\nd then at some point at the

18
upland end of thie bo~t ramp, lt would have to be

19
a ret~ininQ wall of some kind. What had happened

ln th~ past wh~n there was a tl~e surge and


20

~term~, was that the waves would come ln, and i t


21

qets v~ry rough at this site, very rouqh, is that


22

23
th~ w~ter would come up the ramp and flood the

24
entlr~ lawn. sow~·~ have to secure ln some way

25 thl:! t.lOl-=!iind end of th"! ramp wlth some sort of a


(Continued, May 20, 1991, BOARD OF TRUSTEES)
'3amnelt; 39

2
structure, 1.~., a low bulkhead. All this can be

3
done. It's strictly~ question of how many f~et.

4 Now. as I look at this -

5 MR. BENNETT: I'm sorry to interrupt you,

b'1t is it P"ss!ble - it's not blndlng - the work


6

7 that you 1ust described, is i t possible if you

8 CO\lld QiVP us within S5, 000 some sort of estimate

9 of how much that would cost?

10 HR. SAMUELS: 1 guess we're looking at

11
5omewheres about probably $10,000, something like

12 that.

13 l1R. BENNETT: Is it .yom: testimony then

14 that th~ design of the bulkhead Wlth the return~

15
was problematic in terms of malntainlnq the

!nt~gr!ty of the rest of the bulkhead?


16

17
MR. SAMUELS: Unless those two returns had

18· l:'l~t"'n con~:<tructecl b<'!ck tnto the upland, then i t

19 would l)~;~ve affected the lntegr 1ty of the

20 P-tructur~. Jt would have had to reconstruct the

21 ramp in order to mRtntain th~ fill around this

22 ramp, bec<:1.U5~ the bulkhead "Was no longer capable

23 of doing so, and h~d not been for five or six

24 years.

25 MR. wom~·JOhl\: so if the area with the


(Continued, May 20, 1991, BOARD OF TRUSTEES)
Sam1.1els 40

2 ramp was reconstructj!:;>d along with the remalnder.

3 of th~=> b\llkhe~c'l, thf'!'"' would be no proble-m

5 M9. ~AMtiF:I-~: Tf i t WE'rE> properly done and

6
A<;>f:lqm•('l :ott thP ~"'tn~;> t:1me, it could have worked.

7 MR. WARNEP• Low prof)le.

8 HR. S~M1.1Jilf..S~ Low profile wall on the up-

9 l~nd and bot~ r~turns on the sides. Just like a

10 bnat b~~in, only !n this case yon wouldn't

11 P.xcavat.-1'!' !t, you'd leave the fill ln there.

12 OrlqinaJ.~.y, J t:honght lt had been a boat baaln

13 rath~r. than " ~amp, although it's untenabl~ as a

14 hoat baRin. You couldn't hold a boat in there in

15 R southwest;: w!nd,

16 MR. HEANEY.: If you were to put a low

17 profile bulkhP.ac1, yoiJ'd have sand captm:ed in a

18 three-walled ar.~R.

19 HR. SAMUELS: Yes.

20 MR. HEANEY: With no chance of replacement

21 from Rn 1Jplanl!l source through eros ton or

22 s~diment~tt~n. Ov~r ~ period of time what would

23 happ~n to th~ sand \n the basln?

24 MR. SAMUEr.. s: My a~sumpt !on would be that

25 +:ho:!'lo:" "'11o ~er~ tJsinq t::he right-of-way would


(Continued, May 20, 1991, BOARD OF TRUSTEES)
41

2 periodically hav~ to add Band if i t were lost.

Tt'Ft ln~vttable that sand iG qoing to be washed


'
4 out of this boat ramp, as it had been in the

5 pa~t, b@~ausP at th~ time I s~w lt first, which

6 W'fl~ f.f.vP or six yeo!'l.rs ago, i t was the surrounding

7 1~n~ bP.hlnd the ramp had been washed out.

8 7\etn<'llJy, the w;;~y they were maintaining the sand

9 i Jl t.h'i'! ramp was from upland sources as a result

10 of o?: storm. ~D !t "ras a complete upland

nourishment of thl5 boat ramp that made i t a

12 viable boat ratr1p, if, in £act, it was used as a

bnat T?mp. I nP.Ver saw anybody using it.


"
14 HR. HE'ANEY: Lf't me ask you a second

15 question. can you infer any other reason for

16 there to b~ two returns from the main bulkhead at

17 A dletanc~ apart from one another at the end of a

18· f\tre-et that would not be for public access or

18 Access~to the residents?

20 MR. BENNETT: If I may, for what Use, Mr.

21, Heaney?

22 MR. HEANEY: 11m confining my comments to

23 that area between these two returns.

24 HR. BENNE'l'T: For what use? For boating?

25 MR. nt!:ANEY: HCIW far did the original


amuels (Continued, May 20, 1991, BOARD OF TRUSTEES) 42

2 returns, as you saw that were being outw~~h~d

3 from br:-htnt'l, h<:-"' fen r1id they extend?

4 HP,. 8flt'11.'P.LF:: T 'd say about 20 to 25 feet

5 01'1 ~ith{'! t:=id~.

6
HP., HF.l.MIEY: think this clarifies the

7 ~ltu~tlt~n, John, that existed. That's why I'm

B asking that Dn th~ r~~or.d.

9 t'{P. ~FHNET'J': 'My only prohlem with the W'ay

10 it wa~ phrfl:l"le~ is tlu\t thP-re ate uses and then

11 tb~r~ ~r~ vee~. We'TP back in to the question of

thf! eY.t~nt.
12

13 HP. HE1\NF.~: 'T'hat makee my inquiry as

14

15 MR. l=!EtniF.'J'T:· It'!'l certainly a valid

16 inqt,l.ry, t-ut J think i t would be more helpful,. i t

17 ~hould he p~~ticularlzed as to the type of use.

18 HR, WAP.NBR: nfl you have any questions of

19 Mr., S;;ur.•.tels, F.'lnybor'\y?

20 MR. liEl\NF.Y'~ Nn.

21 !'tR. WARNER 1 t\1 ll?

22 "'RIJ~TEF. B"-Nt{~T'l': No.

23 l-IP.. Wi\?.'NEP:: P:otul?

24 HH. PA~ASH: N.._,,

25 HH. BENNETT: Tf 1 may, Kr, SamuelB, vere •


(Continued, May 20, 1991, BOARD OF TRUSTEES)
43

2 you at ~11 lnvolv~d in the supervisory role for

3 ~he ~n~~tructlcn of th\s bulkhead?

4 MR. SAMUELS: Y'!!!! 1 I vas there every day.

5 HP. HEltiNE'rT: 1\t that time did you <:!Ver

6 hav.,o. ~ny inp1.1t fr("'m ""'"Y adjoining landowne:z:s, to

7 your li:n\"lvJ.edg~? W~s there in effect any local

8 react:1oH7

9 MR. SAMUEl,S: The first reaction that I

10 'l"'i"CP~ved was n phon~ ~all from - you know, I

11 don't recall the name - i t was a lady down there

12 who:!il!" h11~band is a r""tired attorney.

13 UNIDEUTIFlED .c:!PEAKER~ Sis Rice Hinsch,

14 ' HR. SA.MUELS: And this was when we ver:e

15 backfllling the bulkhead, The boat ramp had been

16 - if i t was a boat ramp, and 1 don't like to

17 characterize it as such because 1 1 m not sure,

18· fr.anl:ly ·- had been closed off. The complete

19 bulkhe~d va~ complete. And 1 received a call

20 :>"aying that, you know, s.sking me about the

21 closure of the end of it. And I saldt gee, I

22 don't lmow, 1 didn't know any of the histo:r:y of

23 the i?.pplication, or anything else, and so on,

24 although I did have a copy of the !Iurvey which

25 said ROW on Jt, whlch means right-of-way, to me.


{Continued, May 20, 1991, BOARD OF TRUSTEES)
..
8<H"'lf:' 1 ~

2 And in other words, ve were actually done, that

3 ~11d w~~ fJlled f~rst ~s we were carrying the fill

4 11p ~o tl·~ ~apt to qc ~round tlte property. So i t

5 h~d hPen all fiJ)c~. A11d I told her exactly

th1;1.t, enr'i l thlnt, :~.nd then she put her husband


6

7 on, \o•hr:o •.ora~ an attor.n'?y, and I explained my

• l:.nc-wl~da10> c-f r!ght.-'J:f.···ways, which is now pretty

9 ext~nsiv~, having beE-n with this Board and other

10 E'.!srdt:. ov~r the year~. Ant'\ they were very polite

11 ~nd I v~s, 9~ u~u~l, polite, and they asked me a

12 few quest \on':' and I g~ve t.hem the few ane.wers. I

,,
14 the tru~k~ In - and there was a lot of fill that

15 went lr the:r.:~ - """-" trimmed back the black

16 pines on 1:?'\.ther ~ide of the what I'll call the

17 road down te thSs ~t~a, we widened it up

18· considerably. And then we filled in all the ruts

19 and r~~lant~d it, and I think i t looks ptetty

20 geed today.

21 MR. P~F~SH: Since you were there from the

22 ~eginnlng and you sa~ both ~nds of it, do you

23 think i t ls a gre~tly increased impediment for

24 people ':"ry\ng to g~t to the beach now than i t was

25
(Continued, May 20, 1991, BOARD OF TRUSTEE:S)
45

2 HR. SAMUEL,S: I certainly feel- of

3 t"r."tlf~~, I don't Know what their requl rements are,

4 T'd h~v~ to talk t0 them.

5 MF.• PAF.A~I.f: 'l'o walk down to the beach'?

HR. ~~"MUELS t I thtnk i t would be


6

7 t~letively simple, lf, in fact, it's to be used

8 for ~ething {"Urpo'~e~, to build a substantial set

9 cf stairs ~eaw~rd of the bulkhead, with a railing

10 on '=" ithE>r side, 1 f it's to be used for that.

11 think th~t CCIUld be dotle very easily. Or if

12 stairs ere \1nct'mfort13ble for people, a little

13 r t:~rrp C'O'Jld be bt.li 1 t, '!'here 1 s a number of - ot:


I
14 some very CfJmfcrtabl~ ladders. There's a number

15 of way~ to accommodate what 1 think they want.

16 But I don't know what they want. Nobody has

17 called me from that g~oup saying hov can we get

18· the ac-c-es!: w~ requir~i' I 1 ve talked to Mr. Ness 1m

19 about t.t, and he 1 s not reluctant to accommodate

20 thes~ people in any way. I don't think there was

21 ever any 1'ntent, to the best Of my -

22 MR. P.ARASH< Then why are we here?

23
""· SAMUELS' That's • question. They

24 didn •t come to me: they came to you. so I don't

25 }';now what - I'd be happy to meet wlth them as It


2
(Continued, May 20, 1991, BOARD OF TRUSTEES)

group or out in the hall. 1 don't know what


46
J
3 th~ir r~quirem~nt~ nl·A, quite frankly. I don't

4 th.\nJ-: th.:t:t

5 MR. f'JI.RASH: Obviously, there is a pr·oblem

7 MR. BENNE'l'T: 'The question is, I think -

B HR. PAP.ASH: We're talking about bulkheads

9 an':'! con0ltl.on9. PHh:tps they had eminent domain

10 there.

11 MP.. WARNER: They had accese to Hor:lche:!

12

13 MR. BENNETT\ The question- and I trl.ed

14 t~ ";J"J tioYn that path -· but what became apparent

.15 •11a~ that some of the people were c:omplalnlng

16 .')bOt1t ":hi?: right to vha.x:f out to navigability and

17 the}' rHdn't :see!Tl to be satisfied with that. That

1B w~s wh~n it came to a standstill.

19 .! r~ight i:ldd, one of the things that we're

20 n~';llec"::!ng ls that if you have a right to a

21 ":lgh~ ·of ·t,.oay, you also have a corresponding duty

22 "to t'H'I~nl::'.sin the ri~ht··o£-way. And i t sounds to

23 lTII'!' !n'lr":' :-.nC! mor.e lil-;e regardless of what the

24 ~xt~.nt ryf th-3 :: lght-·af-way is, that the burden o

25 ~t·, tr.e m:::~in"':r:-nance \rr- being put upon my client,


(Continued, May 20, 1991, BOARD OF TRUSTEES)
Samuel~

2 whether: or not yotl revoke or put the perm! t 1 n

4 HP. HEJ\NEY: [ 1oes that mean that there was

5 ;;~ !31tt1at\on thP.r~ tha1· prevent~cl people f.rom -

• b~cau~e of lack of tt~alntenance, they vere not

7 able to g~t to the weo.ter7 Is that what you are

'
9 MR. BEl-11'-TET'l'~ You've heatd Hr. Samuela'

10 testimony abont. thP con~tant - you would have

t.o -
"
12 MP. HEMIEY: tr'hat 1 s a str.uctux:al thing.

13 What does that havl!' to do with physical access


,.
14 from upland to shoreline? Was that blocked? Is

15 that wh~t you are ~nggestlng? Because of a lack

16 of maintenance?

17 MR, BEtfNETT: R lght noW?

Htt. !'1\.lH\SH: tfo. Before.

19 ·HR. HEANF.l~: ' not possible to get


It was

20 from land to the "ater's edge.

21 tfR. Sl\HUI!:LS: It was poSsible. But agaln,

22 we get back to What tt was used- for:, ot what

23 theea qentl~ people would llke to use lt for. It

24 was not uaeable· for backing a trailer with a boat

25 on it.
(Continued, May 20, 1991, BOARD OF TRUSTEES) 4 ~

2 HR. HEf..NEY': Could you get by a~ a

3 penestrtan, reach th~ beach?

4 HR. SAMUELS: You could, hut I certainly

would not have advJs~n someone who was infirm,

6 fC"r .-xampl!:'!. or who J fi unsteady on hi.s fef!t. It

7 Wet!'! up and down, holPR, tlmber.s.

8 HR. HEANEY: It: sE'lerns to me whet1 you

9 Ruagest that there WRA an obligation to malnt~in

10 ;:. ri~ht·of··way, U :lt,~t sePms to me that you 1 re

11 inf .. rrfnq that H. Wi'l~ obsttuctf!'cl, and that your:

12 cl.Jent h~~ h~rnP th~ ~ost of correcting that

13 ~ituAtton. J ~op•t know if thet was, in fsct, on

14 is!!:ue at -Bll.

15 MP. BENNETT: Not 1 think you

16 rniscon~trued, re~pectfully, miscon~trued where I

17 wn~ Qoing w1tP that.

18 Another thing I wanted to point out

19 t~t;;~ardirW th~ con!!ents, I don 1 t think that from a

20 l~gal point ~f view, first of all regarding

21 c~nsent, I think most of that, with due X:@spect

22 to Mr. F=re~h ~nd Mr. Wourqola, the rationale

23 this permit was issued over a year ago, and I

24 think if r c~n analogize, and I think Mr.

25 Wourg~l~, who i~ famlliar with this case, there


(Continued, May 20, 1991, BOARD OF TRUSTEES) 49

2 was an instanc-a ln which a Zoning Board of

3 t..pp<:>"'lle. gr::tnt~'"'l <" pi:lnnit, ~:ather, a va:r.:iance,

4 •ottthr:l'Jt., "'no3 tt: was ':''mceded that the approprJ.ate

5 !l':'tlo::"'!' w~~n'·!:: ql'!':'n. And the Court said you have

6 ~ cert3ln am-::>'.l'1t of t!.me in which, and in a

7 7."nlng Bo~rd of 1\ppe:ats case, 30 days, you have a

• '="'""rt:<'li>"~ 11moun':: 0£ tim.r;o ln which to attack that.

9 !1: YI)U don't attack the grant of the va:tiance

10 within that amount of time, then it's gone. I'm

11 t•ot 9'J!'e '~'hat the T:ruBtees would adopt as their

12 :;;tatute of limi.tutions for an Article 18, l

13 :"'::sume i t would be four months.

14 MR. weUI~GOLA: we're dealing with the

15 Ttustees ta);ing a look at a pennit that

16 subsequently came to their attention that they

17 inproperly issued. we·•re not dealing with a 78

tB proceeding.

19 ~ liR. BENUETT: The time in which to attack

20 a permit on tht· basis of lack of consent is 9one.

21 MR. WOUP.GOLA: lt's not being attacked.

22 We'd be in a different sitoati6n if these home-

23 owners b_ad brot1g:ht an Article 18 against the

24 Trustees.

25 MR. BENNE'I"'l": (Jnce the statute of


(Continued, May 20, 1991, BOARD OF TRUSTEES)
50

2 limitation~ is pass~d, the permtt le safe from

<'~tt.:=~c:k frof!l thP flnr~rr:l, itself. Thirty days aftel.

~ Pl~nnlw? fl0~"'d qr.~nts final approval on a map,

5 thP, Pl~:~nnl ng floE~~d r.;;~tmot turn around and say,

6 oh, wP m;qr;l,. ~ ml!it~k,.. It's gone. Here you have

7 :=~ pf'!rmlt thl'lt you'rt? attacking on a procedural

6 grnnntl "' Yf>!'lr. ~fter ! t was granted.

9 MR. PAPASH: w,.•re conceding we made an

10 ""rror.

11 1-'P. BENNETT: '!'hat 1 s semantics,

12 MP.. PARll.~H: !~n't the.z:e something

13 ynt''re> si:lying thff' f.?ct that we iel!ued a permit

14 doesn't t•verlook th~ :r: lght!l of the people.

15 J<IR. WOUROOLA: Nothing this Board did and

16 the ~ermlt that issued changed anybody's property

17 :tights.

16- MR. BENNETT: 'I'hat 's r lght.

19 ~MR. WOUP.GOLA: It d idn' t come to our

20 attention until (>atlier this year that there was

21 a problem. And you started to question this

22 gentleman before about the coneents of neighbors

23 and all that, and I want to get back to that

24 because 1 th1nY. we're dealing with a seasonal

25 area here.. lt's not !!In area where people are


(Continued, May 20, 1991, BOARD OF TRUSTEES)
Samuele: 51

2 the-:te year-:rouna. I believe the work may have

3 b~~n ~0n~ when It w~~ not summ~rtlme, ~hen people

4 I dan' t '~>':mt .YN, tCl construe that that was a

5 !:"lliO'.nt CC"'1S~nt t>~r::::~•t~o:- they didn't run over and

6 o:•bje>t:t.

7 MR. !31\MUELS~ 1 haven't polled these

B people, llut I Wbuld think that a number of them

g are retired and winter reslaents.

HR. WARNER: I sew quite a few people


"
11 there during the wlnte:t,

12 There is one ~thet: point I should get in

the t:ecord for ~·cur t't'nsideratlon, and that ls if


"
14 the ram~ .,.,gs psed and has been used in recent

15 years as a ramp, 1 Wl'Uld say that it's just about

16 '.mtenable. We dredged Club Canal for this

17 association a few years ago, and 1 think you

gentlerner. are very familiar with it. And that

19 whole aha-reline h" very shoaL At low water I

20 don't think there's oix inches of water at that

21 bulkheacl. And f'·O it's going to be a vex:y small

22 bc•at. thc.t you r;an use to launch. And 1£ l t 's a

23 cano~ ('1: something, the:re 's certainly no problem

24 launching that. But again, I think lt might be a

25 900~ idea to g~t together.


(Continued, May 20, 1991, BOARD OF TRUSTEES) ~2

2 MF.. BENNETT: I've just spoken to my

3 ~ll.ent Rnrl reaffirme~ ~omething we've seld

4 t'le-for~. Jf the que~tJon h E~c:cess to the. wetf1'r.,

5 we don't hav~ any rrnt-l~m wlth constrt1ct1on of

6 t=f'me strnct.m:'i' 1 step~ or: sOillE'thing which will

7 RJlow phy~,caJ ~ccE>s~.

8 MR. Wnttpr.ot,J\: I thlnk you !'ihOulQ di!'ICUSS

9 th~t witt> thE" pE>oplf> he:re. 'I'he last timE> 'W'e> WP.:tf!

10 tiP.f"E> 1 Nr. O'Sh'!'<il F-t=~ic'l get e~ hold of him in the

11 h:o~ll.

~P. FIF:NNFTT: Why is the onus on me? I

13 ~avE>? v~'ld per~lt.

14 HP.. WOURGOLIU Your partner stated to this·

15 gentlemen that he would be in touch with him to

16 ~lscuss ~n amicable solution.

17 MP. BEtll-'FTT1 The people claim it's s boat

18 slip. Obviously, 1 can•t agree to something that

19 ~.llo\<'~~the introduction of boats there, nor

20 should I have to if there's nothing in the

21 easement that grants that, whtc:h is what 1s

22 required, an express right to whArf out to

23 neviqability. An express law :t:equ1%:1ng that.

24 What 1 am doing in the hope of compr.omisinq and

25 n:-t.tl ina this t.hinq, is saying, yes, we have no


(Continued, May 20, 1991, BOARD OF TRUSTEES) 53

2 problem with the construction of some sort of

3 st-cuctut:e Which wi 11 11<:nable people to get to the

4 W<'\ter; Y"u know, 1 think that that's, given the

5 f:a.ct th<'l.t the eas'!ments don't grant any right to

6 wharf out to navigability; and Mr. SaMuels

7 euggeet~d it would bl! a useless right in any

6 ev~nt b~Causl! of·the~condltion and the shoaling

9 in the canal - I think that's a pretty darned

10 fair compromise. We 1 re not here trying to cut

11 off whatever anybody 1 s rights are, but we are

12 here to make sure that our rights and the extent

13 of the bu~den on my client'a property isn't over-


,.
14 looked. And that's important. You .know, a claim.

15 that an easement was there to enable boating

16 rights out into the water is fine. But you've

17 got to have that ln the recorded documents. An~

16 1 haven't seen anything that was lntxoduced.

19 ~MR. WOURGOLA: John, you're getting away

20 from the l~soe. You can work that out with your

21 people. This Board is going to make a decision.

22 One of you is not going to like the decision, I

23 think it's in ~verybody's interest to sit down

24 and try to work it out. If you can't do that,

25 we'll make a decision. We've taken testimony as


(Continued, May 20, 1991, Board of Trustees)
54

2 1:o a rP.vocntion of. a J:'E'!rm1 t baseod on th~ fact

t)mt proper con~;ent~ w~r~ not acquired,

4 tfR. RENNE'J'T: T would object to the

5 ~·1fflci~11~Y of th~ notice. I certainly wa3n't

6 put on no1t-.tc~ thRt that would be the issue that

7 '""'~ lJ"'!'=flr:F! t.h~ Boarli. The notice, in fact, was

8 ~llent., and T would object insofar as a matter of

9 l~w, t''~ notlr:~ ~~a ln~ufflcl~nt, number one.

10 Humbl1lt:' +:wo, my suggestion la that the attempt the

11 9o~rd 1~ doing, thro~gh its ~ecislon, is to

12 con!ltriJ~ th.;o '!~~ement, which they, respectfully,

13 d~n't h~v~ th~ powe~ to do. Three, I objer.t to

14 ~ny revoc~tl0n of th~ permit lneofar as the Board

15 would b'! ~'3t.,pp~d from doing so.· And number

16 four, from a ~tatutory point of viev, I object to

17 the revocation of th~ permit because tha time in

18· which to ob:1~ct tD tho;! permit by :r:eason of any

19 lack oF_ consents is gone.

20 MR. WOURGOLA: You're talking about

21 !;!:stopp~l.

22 MR. BENNETT: 1 would ~xpresely ask, with

23 th~ ~oard's permissicn, prior to any

24 d~termlnatlcn, I be given an opportunity to

25 :rubm1t <'? memo:r.andum of law to that effect.


{Continued, May 20, 1991, BOARD OF TRUSTEES)
~~ssim 55

2 MR. WOURGOLA: Two thing!'~ l 1 Ve said i t

3 ~t l~est eix time~. We're not here to construe

4 the scope of th~ easem~nt. Let's talk about

5 et:toppel. It 1 f' an equitable document. Is your

6 ~lient prPpared to testify to that?

7 MR. BENNETT: Sure.

8 MR. WOURGOLA: May I ask him a few

9 Ql1est1ons?

10 R 1\. Y M 0 N D NE S S I M, having been first duly sworn,

11 testified as follows:

12 MR. WOURGOLA: Hr. Nessim, I believe a

13 deed was submitted that showed you took title in


I'
14 1981, is that correct, approximately ten years

15 ago?

18 HR. NESSIM: Yes.

17 MR. WOUROOLA: And you live in the house

18 on a full-time basis?

19 • HR. NESSIM: No, not a full-time basis.

20 Mostly weehe-nCis and summer months.

21 MR. WOURGOLh: Since the time you took

22 title, has there been any litigation involving

23 the sc::o·pe of thil! right-of-way, has a court ever

24 been involved in this?

25 HR. NESSIM: tTot that I am aware of.


NE'~~d m (Continued, May 20, 1991, BOARD OF TRUSTEES) ~~

2 HR, WOUP.GOLA: Wh~t is the average m·.e of

3 thi1; rt.aht-of-way d11rin9 thf"' summer? Do people

4 ~om~ down end walk dovn to the water? What do

5 they do?

6
HF. NES~IM: I would say that Ulp.re may be

7 one or two families that come very infrequently,

8 walkino down to the bay. nut I would say very

9 limit~d use.

10 HR. WOURGOLJ\: You say one or two

11 famlliea. On a dally bastsi'

12 MR. NES.8IM: No, no. I would say over a

13 12-month period, maybe>. 10 t.1mes. To the best. of

14 my knowl~Clge. am not there every day of the

15
yecn:; 1 am th~n· mof':t.iy on weeke.nde in winter

18
end I'm there all summ~gr.

It fair to that
17
""· WOU~GOL~! I• .!-BY

18· durin~ th• 10 ye<:~:r:~ y(lt1 've lived there, you 1 ve

19 n~ver •'S.P.'" n Pnyon~ latmch • boat there?


t,aunch • boat •• opposed to
20 ~~·. BENNETT:
21 we-lk7

22 MP. NF.S8IM: We had a neighbor that lived

23 w~gt ~f ~or prorerty that owned a boat and had i t

24 ll'OOtl!~ t;hl!'te. ~t•t l.t was not being launched ln

25 ;;~n~ r.o,_,t. Jf th;:o.t'~ the question.


(Continued, May 20, 1991, BOARD OF TRUSTEES)
Nessim 57

2
MR. WOURGOLA: Yes.

3 HR. NESB!M: No.

4 MR. WOUROOLA: Have you ever had any civil

5 dispute, again ju~t to reiterate, wlth regard to

6
the scope of this right-of-way?

7 MR. NESBIMt No.

6 MR. BENNETTs If I may, I think lt would

9 be an appropriate point. The questions you've

10 asked my client sparked ln my mind an interesting

question. I haven't heard any of the objectants


" at all talk about their purported use of the
12

13 right-of-way.
,.
14 HR. WOURGOLA: Agaln, I'm not going to the

15
scop~. You acknowl~dged there is a right-of-way.

16
MR. BENNETTz I aeknowledge there is a

17 right-of-way, I don't acknowledge the extent of

18· that ~t all. As far as I'm concerned, as the

19 court l!f ~pp€'als has held, a right-of-way can be

20
abandoned. So thi~ might very well be a right-

21 of-way thet 1 s abandoned. There are det!!ded

22 restr1~tions, but t am not at all acknowledging

23 what the extent or the legal right of those

24 restrictions are. If I have a right-of-way over

25 A's property and A blocks that right-of-way for


(Continued, May 20, 1991, BOARD OF TRUSTEES)
Jllnl.ckl 5R

2 If! yenrs, I've lost 111Y right-of··way. so J don't

3 ~new whPther or n~t t~~re's a right-of-way there.

4 But J'rn nPt ~~yin~ lt givP.e rights to anybody.

5 I'm not ~cknowledqlno that for one second,

6 A9~tn, I woulcl ask, if I could, I would

7 J Jkf' tn h~ P.Ple to r.resent to the Boartl the legal

E~Uthor l ty t hi'!ve for the pas 1t ion!!- I 1 ve espoused


'
9 today. ~ r~~~~n~Dl~ time to do th~t.

lO Hn, W(lliPG0LA: Would f1nybody else like to

11 l'P Pe;;~nn

12 MP. JTLNTCYI: First, the offe:r of a

13 rofl'tlrci!Yii::te, I t-htnl-: it's very good to hear that,

14 l!.'lnd T'rn !?'Ure the pe0p1e are willing to talk about

15 it. Ju~t ple:cing !'talra or steps in front of the

16 Pul~ht>S"~ would, '=lf cctn:se, only se1:ve to give

17 l::!cce~f' tc a beach re.rt of the time. Prior to the

1B· ine:tellation of thh bulkhead, the~:e was a

19 b~achhe..nd t.here. lived at the ptoperty for

20 e>botlt. lO yE>at:s, (tnd walked down there

21 ccca;,!!;'lnally, rny~eolf, and there W"aB a beach. So

22 lee~\'ing the bnH.head in place and putting: steps

23 in barl~ of 1t WO'Jld enable you to gain access to

24 whatevl:'r be.:=tch there 1s at very low tide.

25 wantf'C' to ~ul:lml.t a copy of Mr. Nessim's


(Continued, May 20, 1991, BOARD OF TRUSTEES)
,Jlln let. 1 59
Lederman
2 deed, and this goes to the issue of consent and

3 cHsclosure. I'm st.1re - I'm not trying to imply

4 that anything was improper here - but when you

5 JCiok ett the sketch submitted with the

6 application, it saye right-of-way. Just the

7 blind comment that it's a rlqht-o£-way. It

• doesn't say riqht-of-way for others. There's no

9 explanation as to what that right-of-way is. The

10 deed, itself, that Mr. Neesim is to gain access

11 to his property over a 20-foot-wlde right-of-way.

12 I don't think it's unreasonable to conclude that

13 right-of-way pictured on the map could be

14 construed to be the rl~ht-of-way to the premises.

15 It's not unreasonable to expect the applicant to

16 p~ovlde a little more clazlflcatlon on that point

17 to the Board.

18 MR. LEDERMAN: one point about the u~e. 1

19 used the Moriches Bay to take my family to the

20 beach before i t was washed out by the hurricane.

21 We woulCI have a boat, we'd pile six or seven people

22 on ther~ and go across. I can 1 t do that now.

23 have assisted Sls Rice in launching boats. That

24 slip can also launch a sunfish. And perhaps

25 evetyboOy here noticed that young girl who was


edP.r.man (Continued, May 20, 1991, BOARD OF TRUSTEES) 60
Schect
2 pc~sent, that two-ye~~-old- 1 1m ~xpecting

3 anoth~r qr~ndchild, ~o we're taking care of her.

4 1 want my •:n::::~n-1·-chlldren to u~e that right-of.-way

5 tn go t~ Moriches B~y, to launch a boat, to

6 launch ~ sunfi~h, to be r~slly ~ part of thl8

7 t"r:-mm\m:l ty. J u~ed it_ before MeAdowland developed

8 th~t prQr~rty, and I intend to use Jt again.

10 J o H N ~ (" P 0 E C K,_ 15 C'lub t.E~ne, Reme:enburg, New York,

11 h~vlnq ~Pen flrst dulv ~worn, testified as

12 foJlow~:

13 MP. Sr.'HOECK: John Schoeck, I live on 15

14 C'J uh J,~nP, RP.tnfiPnhurc:r. I have lived there fC~r 35

15 yE'!nr!:'. ! havP l;:mn~hP.d boats in that ramp

18 h'!:':l:orP. 'l'hP.t'"~ 1s !'lomethlng 1.n one of the deeds

17 ":hr~t T r:'"'"'d thAt \t: floes have a. specific: use, to

18 l.;u.mch <;1 hoat_, l o:; w-h11t. 1 t says, one of the deeds.

19 Y•:n1' 11.. lP•.vl!!' to -.:!!~;~~~ ~hrnugh those deeds. And. t

20 "'"IJUld 1!1.:1!! to '::'ont.i.nuP.t to use that boat ramp as

21 1t exist~rl. r wo1llt'l like to have the boat ramp

22 !".!instated, -:\'ld that:'~ m_y position on 1t.

23 'rh;~;nk Y"'l.

24 MR, W~RHER: Thank you,

25 MR. MC "'Ett: Riley McNeil. There 1! one


{Continued, May 20, 1991, BOARD OF TRUSTEES)
.McNeil 61
Samuels
2 other thing. First of all, I'd like to ask Mr.

3 Srtmuels a question. You were ln business since

4 '~7. Did you possibly do the bulkheadlng for Mr.

5 Bm:nnmq when he d td· 1 t?

6 t>1R. SAMUELS! No. I will not take credit

7 for that ~tructure,

8 HR. MCNEIL: I just wanted to ask that.

9 Number two, there is mentioned in several of the

10 deede about the ri~ht-of-wa.y to. the st:r:and or tht!l

11 shore, which there is very little shore there

12 nov, ln fact, there's non@, This ls one of the

13 df'eCis. l'd like to leave this. along vlth the

'
14 other ones. It mentions the fact there's a

15 right-of-way to the·strand or shore and 50 feet

18 from the center east and 50 teet west on the

17 sh~re. If you want to get into 1t.

18 Another problem we have here ls the xamp,

19 as stated, by Mr. Boesung's letter, was there 1n

20 1968 wh~n h~ developed, Meadowbrook Landa

21 developed the property as a ramp.

22 Number two, unlese thlnge have ehanged,

23 any ma 1 ntenance on bt1lkheac:Hng is mandatory to be

24 done by the owner of the property. Is that

25 correct? It used to be. It must be maintained.


(Continued, May 20, 1991, BOARD OF TRUSTEES)
.McNeil 62
.HcNeU
2 HR. WARNER: Yes, you're t~lklng about the

3 bulkhead'?

4 MR. MC NEIL: Yes, the bulkhead, on yonr

5 property.

6 MR. WARNER: Yes.

7 HR. MC NEIL: All right. Number three,

B who owns the bulkhead on Mr. Neeslm's property

9 that he purchased from that subdivision in 1981,

10 I believe he said? Does Mr. Nesslm?

i1 HR. WARNER: I would say so.

12 HR. HC NEIL: Any dereliction of that

13 -bulkhead, then he's in violation of: this permit.

14 It vas said everything was deteriorating to a

15 terrible state. Let's make sure the blame goes

16 where it's supposed to be.

17 MR. BENNETT! So he came in and did the

1B dght thing.

19 _MR. HC NEIL: With the exception of taking

20 away our ramp. That's all I 1 d like to say.

21 MA R Y ANN MC N E I L , having been firat duly sworn,

22 testified as follows:

23 MRS. HC NEIL: Riley and 1 rode our bikes

24 down there. We have two Shih Tzus. There were

25 children playing, ana it's dangerous for them.


(continued, May 20, 1991, BOARD OF TRUSTEES)
H.MC"NP.il
R,McNell
2 That was my main concern; they certainly wer.l'!n 1 t

3 our children. Rut there's a drop. I'd like that

4 correct~d.

5 MS. VOEHL: J'd likA to verify 1 do walk

6
down th@rfl every day, and if somebody is in' the

7 house, 1 don't valk any further than the driveway

6 becau~e I don't WRnt to interfere with their

9 thing~ that they 1 r.P. doing in their pool, or what-

10 ff>VE"r. But J do walk down every day. And I have

hP.en awc;a.y for m,ost ot the time when the


"
bulkhPading was started. It was &11 new to me
" whPn I came hack, to see that lt waa covered up,
"
14 ' the vhol~ slip and everything.

HR. WARNER: Anybody else?


" MR. MC NEIL: There was ~ fellow here that
16

17 is in the bulkheading business, also, and he

re1terat~d that it w~uld be less than $2,000 to

take tbat piece of bulkhead out vith two returns.


"
20 MR. BENNETT: One last thing. Mr.

21 Bossung, first of all, there was some statement

22 that one of the deeds had something about the

23 ability to launch a boat ramp in it. If somebody

24 has that, I 1 d li~e to see it.

25 t1R. WARMER: It was in one of those.


Nl!>sslm (Continued, May 20, 1991, BOARD OF TRUSTEES) 64

2 MR. WQURGOLA: I haven't reviewed that. I.-


I
3 want to revl~w the deeds, I am going to leave the'

he;,rlng open.

5 MR. BENNETT: I have a letter of Mr.

6
Bossung that has been sort of flaunted about.

7 Bob Bo3sung is alive, he's alive.

8 MR. WARNER: He's in East Quogue.

9 MR. BENNETT: I don't know who wrote this

10 letter. I don't knov who signed it. I ask you

11 to disregard this letter.

12 MR. WOUROOLA: The comments will go to the

13 weight of the evlden~e.

14 One more question of your client, The 20- ·

15 foot strip over Which you have a right-of-way,

16 that lB not owned by you, it's owned by your

17 neighbor.

18 MR. NESSIM: Yes.

19 • HR. WOURGOLA: Dld you get any consent

20 from him, either verbally or in writing, to place

21 a bulkhead 1n front of that portion?

22 MR. NESSIM: No.

23 MR. WOURGOLA: Did you ask him to do that?

24 Ma. NESSIMI The house was - the

25 ne lghbor 1 s house was sold I think more than once,


(Continued, May 20, 1991, BOARD OF TRUSTEES)
essirn 65

2 and sine@ the previous owner was there, I have

3 never been able to find out who the owner is of

4 the house right now. There have been two or

5 three changes in ownership since that other

6 neighbor had left, probably about three years ago

7 or so.

8 MR. BENNETT r Mr. Wourgola 1 I mt.ght want

9 to point out that you've suggested that consent

10 should have been obtained from anyone who had a

11 "right" to tt)at,some sort of property interest in

12 that rlght~of-way. I'm at a loss to understand

13 where we could have gotten that, number one. And


,.
14 number two, I have yet to have anybody ~lve me a

1~ list of names of people - I meant how would you

18 expect a permit applicant in a case like this,

17 the~e is a procedure 1 for example -

18 MR. WOURGOLAt I w&s talklng about the fee

19 ovner Qf the other 20-foOt st~lp that H~. Nessim

20 has a right-of-way over.

21 MR. BENNETT~ I understand. But going

22 back to your original procedural problem, a

23 notice provision has to be reasonable. If I have

24 a requirement to notify every owner vithin 200

25 feet, it usually says any ownex as that owner is


(Continued, May 20, 1991, BOARD OF TRUSTEES)
66

2
shown on the latest tax rolls. lt defines what

F.~o:rt of notice you have to give and what !lol:t of

4 consent you have to have. I think it's falrly

5 obvious that there 1~ no procedural guideline

6
established for the consent, who has to ,give

7 consent, who the consent has to be taken from.

B There has to be some procedural way to do that,

9 and to the extent you haven't stated lt in your

10 rules, I think that's deficient, also.

11 MR. WOURGOLA: The Trustees have stated

12
that with regard to a rl9ht-of-vay, the consents

13 of all those having interest ln that right-of-way

14 must be provided. Mr. Haje testified that he

15
files hundreds of applications a year, he 1 !1 been

16 involved with right-of-ways, he's filed consents,

17 he'~ @ven on occasion, I believe vhen Mr. Haje

1B· came in and established that he used diligence to

19 obtaln~one consent and couldn't do it. So he's

20 femlli~r. with the procedure.

21 MR. W~RNER: At our last meeting Hr. Haje

22 vas here. H~ held up one permit ln my area

23 because he didn't have written permission from

24 th@ ~djoining property owner to attach a bulkhead

25 to it. He knows 1t, he's handled hundreds of


(Contin~ed, May 20, 1991, BOARD OF TRUSTEES) 67

-peorml t!'!-. Hto knows bl?tt~":r, Js there ~~tnythlng

3 else to come before the hearing?

4 MR. WOURGOLA: I would suggest the hearlnq

5 be left open until the Trustees' next meeting.

6
I'd like the opportunity to revie"W wh~t 1 3 been

7 $ubmitted. I may ask for additional information.

B If you all have anv:thlng additional to submit in

9 writing prior to the next meetin9, please feel

10 free to do so.

11 MR. BENNETT1 May I have copies of what

12 was submitted today?

13 MR, WOUROOLA: Yes.

14 MR. WARN~R: Anything wlll be accepted in

15 wrltinq before aur next meeting, which will be

16 June 3, at one o'clock, ~he first Monday in June.

17 MR. MCNEILl A decl!!.ion will be made at

18. that tim~?

19 ~R. WARNER: t don't know ae to that. We

20 qot to find out what more comes ln. In the near

21 futurf! there vill be a deciellon.

22 'l'hank you all.

23 MR. BgNNETT: Thank you for your time.

24 tWhe!"!~!Upon the hearing was adjourned at

25 J:JO P. M.)
(Continued, May 20, 1991, BOARD OF TRUSTEES) G7-A

I, MILDRED T. EUTTONOW, Certified Shorthand Raporter, de-··


'
3 hereby certtfy that th~ foregoing ls a tr.ue and accurate

4 transcript of the minutes taken by me at the hearing held by

5 the Board of Trustees of the Town of Southampton on May 20,

6 1991 wtth resp!!ct to Permlt No. 57~0 issued to Raymond Nl!ss1m.

a
9

10

11

12

14

15

16

17

1B

19

20

21

"
23

24

25
(Continued, May 20, 1991, BOARD OF TRUSTEES)
CORRESPONDENCE:
Beverly Rug.giere: Letter complaining about the huge
mound of dredged spoil piled on Marinea Place. A letter
will be sent explaining that the contractor is waiting foi:
NYSDEC permit enablin9 them to move the spoil off the site.
Gordon Colvin/NYSOEC: Notice to all shellfish
harvesters re: emergency closures following extraordinary
rainfall events.
John Guldi/Suffolk County Dept. of Public Works:
Letter requesting that the Trustees write to the NYSDEC
requesting a spoil site modification which will allow the
Oept. of Public Works to utilize the county-owned property
known as Clam Island as a spoil site for the additional
dredging of Noyack Creek. A letter will be written to
Charles Hamilton of the DEC.
Costello Marine Contracting: Card of sympathy re:
death of Trustee William Frank.
Gloria Frank: Acknowledgement and thank you for
flowers sent by Trustees.
Dorothy and Jean Cropper/Club Lane residents: Letter
strongly favoring the rescinding of the Trustee permit

issued to Raymond Nessim.


John Johnsen/Louis McLean Associates: Letter
recommending that both bulkhead reconstruction projects
re: Bay Avenue, Eastport and Bay Avenue, East Quogue be
awarded to Mockridge General Contracting, Inc., as low

bidder meeting specifications.

-357-
(Continued, May 20, 1991, BOARD OF TRUSTEES)
Steven Sanford/NYSDEC: Notice of area in
Bridgehampton being removed from protected wetland maps
due to not meeting criteria for unusual local importance
as it has no open water, no wetland cover types and is not
contiguous to a tidal wetland.
John Johnsen/Louis McLean Associates: Letter re:
Capital Bond Program for 1991 giving cost estimates for
repairing three Trustee ramps located in North Sea,
Flanders and Little Neck Road, Southampton.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by
William Bennett, c;tnd duly carried to pay for the following
out of the Trustees' Special Account:
1. George Schellinger oyster transplant $470.00
2. Sam Rispoli oyster transplant $440,00

3. Mario Carrera oyster transplant $320.00


4. Wesley Dailey oyster transplant $740,00
5, John Raynor oyster transplant $740.00
6. George Lowe oyster transplant $300,00

7. l<amran Elghanajan dock appl. withdrawn/refund $476.00

8. Christopher Dominski 4WD sticker_ refund $5.00

Edward Warner read the following Bay Constable report:


Marine 2 (26' inboard) will be put in the water on Tuesday
the 22nd. The agreement between the Trustees and North
Hampton Colony has expired, but we can still keep the boat
at the club dock in Mill Creek. I will have a new
agreement drawn up for the Board to sign at the next

-358-
(Continued, May 20, 1991, BOARD OF TRUSTEES)
meeting. Same conditions, no fee and we repair the dock
when needed.
M/9 was put in the water and had to be removed, as the
gas tank sprang a leak. I called Sbane•s Marine where the
tank was purchased last May to see if they would replace
same, but the company who manufactured the tank is out of
business. I had 762 take the tank to Riverhead Radiator
for welding of the seam.
Chris Kohnken has contact'ed the DEC regarding the
dredging being done for the Bullhead Yacht Club. The
contractor, Cow Bay ·Marine, has been pumping the spoil
(mostly water) on the TrUstee beach (Peconic Beach Road)
at the end of Sebonac Inlet Road and the beach is being
eroded away due to no dike being in place. As the
property belongs to the Trustees, I think some action
should be taken against the contractor by the Trustees.
As nothing is in the blue book for us to write under,
check with attorney to see what can be done by the Board.
Patrick Heaney said he received a request from the
good people at Romana Cove asking that the deep water be
marked with a series of whips. Senior Bay Constable John
Andersen will take care of the matter 8t low tide.
Mr. Heaney requested a full board inspection regarding
the bulkhead and dock app·lication he has on hold for James
Duffy, Willow Shade Drive, East Quogue. The inspection
was set for June Jrd at 10:30 a.m.
(Continued, May 20, 1991, BOARD OF TRUSTEES)
Mr. Heaney went on to say that he received a copy of
an application to the DEC to bulkhead 4,000 feet of
property off Riverhead-Hampton Bays Road, C.R. 24, on the
Peconic River. He said that the Trustees have not yet
received a formal proposal but just wanted to make sure
that we are aware of what will be forthcoming.
Edward warner said that he will contact John Johnsen•s
office and ask them to go out to bid for the repair of the
Phillips Point ramp in Flanders.
The meeting on motion was adjourned.

Respectfully submitted,

£~;.£,.; rA:-«<7-
William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 5917: is issued to PAUL CIANCI, 335 Bay Avenue,
East Quogue, to reface 246 l.f. of timber bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
is issued SUFFOLK COUNTY DEPARTMENT OF
replace the bridge carrying South Road
over Beaver Creek in Westhampton with a new, three
span, pre-stressed concrete bridge having the same
vertical clearance as the existing bridge along with
necessary improvements to the Town road approaches to the
bridge.

-360-
Continued, May 20, 1991, BOARD OF TRUSTEES)
is issued to J .M.O. Consulting, agent for
72 Dune Road, Westhampton Beach to
reconstruct (within 18 11 ) approximately 273 l.f. of timber
bulkheading and a 32 l.f. timber return located along west
side of property.
The following special conditions apply:
l. Pool discharge pipes must be removed from bulkhead.
2. Drywell must be installed upland to catch pool
drainage. Trustee William Bennett must inspect
drywell on day of installation prior to backfilling.
3. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
4. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
5. Clean sand or gravel only will be used for backfill.
Dredged spoil will be trucked to suitable spoil site.
6. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner's property off Quantuck Bay,
as per application and survey submitted.
is issued to JoMoO. Consulting, agent for
Dune Road, Westhampton_ Beach, to
114 1 (4' above grade), a 4' x 15'
ramp and two (2) 6' x 20' floating docks.
The following special instructions apply:
1. The length of the fixed portion of the dock as
measured from MBW to the outward end of the dock
leading to the proposed ramp shall not exceed 114
lineal feet.
2. The proposed side floating dock must be reduced to
6 1 x 20 9 and located 30 feet closer to the outward end
of dock.
Project is located on owner • s property off Quantuck Bay,
as per application and survey submitted.
PERMIT NO. 5921: is issued to En-Consultants, Inc., agent
for JERROLD GERTZ 6 198 Dune Road, Westhampton Beach, to
reface 149 l.fo of existing timber bulkhead (including
boat slip).
The following special condition applies:
1. Swimm1ng pool disoharge line must lead directly into
dry well.
2. NQ outflow pipe is to attach to or run through
bulkhead.
3. Trustee William Bennett must inspect bulkhead prior to
backfilling~
4. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.

-161-
(Continued, May 20, 1991, BOARD OF TRUSTEES)
5. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
6. Clean sand or gravel only will be used for backfill.
Dredged spoil will be trucked to suitable spoil site.
7. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner 1 s property off Moneybogue Bay,
as per application and survey submitted.

MOORING PERMITS ISSUED


PERMIT NO. 91-94 is issued to JOSEPH D. & CARMELA
BOCCHINO, 132 Wildwood Road, Sag Harbor, to place a 100
lbs. mushroom anchor mooring and buoy for a 21' Maxum
(Reg. No. NY 6704 UC) in Noyack Creek, under the direction
of Bay Constable Christopher Kohnken.
PERMIT NO. 91-95 is issued to ROY s. GUNTHER, 268 Lake
Drive, Southampton, to place a 200 lbs. mushroom anchor
mooring and buoy for a 26' wooden Homem outboard (Reg. No.
NY 6376 EY), in Fresh Pond, under "the direction of Bay
Constable Christopher Kohnken.
PERMIT NO.. 91-96 is issued to MICHAEL CURRAN, 24 Shore
Road, Southampton, to place a 200 lbs. mushroom anchor
mooring and buoy for a 26 1 fiberglass sailboat (Reg. No.
NY 4167 PG) in North Sea Harbor, under the direction of
Bay Constable Christopher Kohnken •.
PERMIT NO. 91-97 is issued to DONALD J. JACO:SS, Glover
Street-R.R. #2, Sag Harbor, to place a wooden stake for a
18' Westwind fiberglass outboard (Reg. No. NY 4938 DG) in
Upper Sag Harbor Cove, under the direction of Bay
Constable Christopher Kohnen.
PERMIT NO. 91-98 is issued to ARNOLD Y. CLAMAN, 27 West
Neck Circle, Southampton, to place a 150 1bs. mushroom
anchor mooring and buoy for a 21' Donzi (Reg. No. NY 2081
JY) in Bullhead Bay, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-99 is issued to THOMAS & DEBORAH l3ENDER,
Whites Lane, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 22' Catalina sailboat (Reg.
No. NY 2451 PN) in Bullhead Bay, under the direction of
Bay Constable Christopher Kohnken. ·
PERMIT NO. 91-100 is issued to CAROL J. DOMINSKI, 39 Far
Pond Road, Southampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 16 1 VIP-Vision (Reg. No. NY 4153
GJ) in Far Pond, under the direction of l3ay Constable Dale
Petruska.
-362-
(Continued, May 20, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-101 is issued to KENNETH SKIDMORE, 184 Lynn
Ave, Hampton Bays, to place a 50 lbs. mushroom anchor
mooring and buoy for' a 16' Pearson sailboat "Seahawk"
(Reg. No. NY 2727 BM), in Shinnecock Bay, under the
direction o·f Bay Constable Kenneth Malone.
PERMIT NO. 91-102 is issued to GREG J. MORGESE, 30 Ocean
View Drive, Southampton, to place a 150 · 1bs. mushroom
anchor mooring and buoy fot:' a 19' Cape Dory "Sandy B"
{Reg. No. NY 2339 EG) in Shinnecock Bay, under the
direction of Bay Constable Dale Petruska.
PERMIT NO. 91-103 is issued to EDWARD L. CALVINO, 10
Woodcock Lane, Remsenbul:g, to place a 200 lbs. muShroom
anchor' mooring and buoy for a 31' 'I'iara "Cash Flow" (Doc.
No. 971565) in Speonk River, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO. 91-104 is issued to JULIOS SCHNEIDERMAN 1 11
Lighthouse Road, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 15' Herman sailboat (Reg.
No. NY 7596 DC) , in s·hinnecock Bay, under the direction of
Bay Constable Kenneth Malone.
PERMIT NOo 91-105 is issued to RAYMOND J. MAHAN, 153
PecOnic Hills Drive, Southampton, to place a 100 lbs.
mushroom anchor mooring and buoy for a 19' Sumner-lslandia
sailboat (Reg. N'o. NY 4697 GJ), in Woyac Creek, under the
direction of Bay Constable Christopher Kohnken.
PERMIT NO. 91-106 is issued to MAURICE & JEANETTE MAYLEAS,
14 ColUmbine Str.eet, Hampton Bays, to place two (2) woodem
stakes for a 14' Crest fiberglass outboard "Mistigris"
{Rego Noo NY 6057 GO) in Red Creek Pond, under the
direction of BaY Constable Kenneth Malone.
PERMIT NO. 91-107 is issued to DAVID APICELLA, 81 Red
Creek road, Bampton Bays, to place a _75 .lbs~ mushroOm
anchor mooring and buoy for a 15 1 Columbia fiberglass boat·
''Celebrity'' (Reg. No. CT 2642 AC) in Red Creek Pond, under
the direction of Bay Constable Kenneth Maloneo
PERMIT NO. 91-108 is issued to GEOltGE W. BAIRD, JRo, 437
Hill Street, Southampton, to place a 75 lbs. mushroom
anchor mooring and buoy for a 17 1 O'Day fiberglass
sailboat (Reg. No. NY 5883 GJ), in Little Sebonac Creek,
under the direction of Bay Constable Christopher Kohnken.

-363-
{Continued, May 20, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-109 is issued to SOUTHAMPTON YACHT CLUB,
INC. Little Neck Road, Southampton, to place a total of
four (4) 150 lbs. mushroom anchor moorings and buoys for
one (1) 25 1 Allglass powerboat 11 Raffles IIIn (Reg. No. NY
141 DH) and three ( 3) 19' Lightning class sloops in Old
Fort Pond, under the direction of Bay Constable Dale
Petruska.
PERMIT NO. 91-110 is issued to PECONIC MARINA, Noyac Road,
Southampton, to place six (6) 100 lbs. to 150 lbs.
mushroom anchor moorings and buoys for commercial use in
Wooley Pond, under the direction of Bay Constable
Christopher Kohnken.
NOTE: COMMERClAL PERMIT EXPIRES DECEMBER 31, 1991.
PERMIT NO. 91-61 is issued to RIVERHEAD ESTATES CIVIC
ASSOCIATION, Reeves Bay Trail, Flanders, to add to current
~' to place three (3) 100 lb. to 200 lbs. mushroom
ancliOr moorings and buoys in Silverbrook Creek (off Reeves
Bay), under the direction of Bay Constable Kenneth Malone.
NOTE: Each mooring must be placed exactly where indicated
on attached chart. Number assigned by Bay Constable must
be clearly indicated on each· buoy in addition to R.E.C.A.
number.

TEMPORARY PERMITS ISSUED


PERMIT NO. T91-4 is issued to ERIC RUTTENBERG, Great
Plains Road, Southampton, to place a 150 lbs. mushroom
anchor mooring and buoy for a 21' Donzi (Reg. No. 2085 JY)
in Bullhead Bay, under the direction of Bay Constable
Christopher Kohnken.
PERMIT VALID FOR 1991 ONLY
PE~IT NO. T91-5 is issued to NANCY ROSENBERG, 406 Dune
Road, Westhampton Beach, to place a 75 lbs. mushroom and
anchor mooring and buoy for a 13' Widgeon, in Moriches
Bay, under the direction of Bay Constable Ted Sadleir.
PERMIT VALID FOR 1991 ONLY
PERMIT NO. T91-6 is issued to ROBERT P. MEYER, Shore Road,
Southampton, to place a 100 lbs. mushroom and anchor
mooring and buoy for a 20' Sea Ray (Reg. No. NJ B68155),
at the end of Shore Road, in North Sea Harbor, under the
direction of Bay Constable Christopher Kohnken.
PERMIT VALID FOR 1991 ONLY

-364-
(Continued, May 20, 1991, BOARD OF TRUSTEES)
PERMIT NO. T9l-7 is issued to JACK URAM, Marjorie Lane,
Sag Harbor to place a 100 lbs. mushroom and anchor mooring
and buoy for a 19' Reimel (Reg. No. NY 5491. PM}, in Sag
Harbor Cove, under the direction of Bay Constable
Christopher Kohnken.
PERMIT VALID FOR 1991 ONLY
PERMIT ~0. T91-8 is issued to ROBERT J. SMITH, 317 Montauk
Highway, Hampton Bays, to place a 100 lbs. mushroom anchor
mooring and buoy for a 17' Glastron outboard "Bebos" (Reg.
No. NY 4799 c·F) in Shinnecock Bay, under the direction of
Bay Constable Kenneth Malone.
PERMIT VALID FOR 1991 ONLY

POT PERMITS ISSUED


PERMIT NO. ~33 is isSUed to JOSEPH A. GAUGER, 43 Suffolk
Street, Sag Harbor, to place pots on Trustees' bottom in
Town of Southamp~on waters for 1991.

-365-
JUNE 3, 1991 ..

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD A'!' TOWN HALL ON MONDAY, JUNE 3, 1991, AT 1


P.M.

PRESENT WERE: President, Edward J. Warner; Trustees

William H. Bennett, Paul w. Parash, Patrick A. Heaney and

Deputy Town Attorn~y John Wourgola.

The minutes of the regular meeting of May 20, 1991,

were read, amended, and approved as amended.

A motion was made by Edward Warner, seconded by

Patrick Heaney, and duly carried to pass the following

resolution:

WHEREAS, a hearing was held on May 20, 1991, to

consider the revocation of Trustee Permit No. 5730 issued

to Raymond Nessim, and

WHEREAS, on that date the public hearing was left open

until June 3, 1991,

NOW, THEREFORE, BE IT RESOLVED, that this hearing is


held open for an additional period until June 17, 1991.

Thelma Georgeson, Mayor of the Village of Quogue, was

present to ask the Trustees for approval to their proposed

local law entitled 11


A Local Law Amending the code of the

Village of Quogue With Respect To Use Of The Ocean Beach

By Vehicles". Mayor Georgeson said that the mafn purpose

of the amendments to their village ordinance was to

-366-
{Continued, June 3, 1991, BOARD OF TRUSTEES)
prohibit vehicles on the village ocean beach unless the
vehicle displays a permit on the front bumper issued by
the Southampton Town Trustees. Hopefully, she said, this
would lessen the amount of beach traffic in Quogue.
Patrick Heaney told her that they probably have been
getting more than their fair share of 4WD vehicles that
have been evading the Southampton Town ordinance. The
Trustees agreed that they would -endorse these amendments
if the following chariges were made (1) Section 11B-29A,
remove the prohibition between 10 P.M. and 6 A.M. ( 2)

Section 118-30F, clarify this paragraph to indicate 'that


the Village Board reserves the right to close the Village
owned access points not· the actual beach and ( 3) add a
provision exempting commercial fishermen similar to that
found in Article 11, Paragraph K of the Trustees' Rules
and Regulations. John Wourgola said that these changes
were necessary to make their: ordinance more compatible to
the Town 1 sG Mayor Georgeson said that another public
hearing will be held incorporating the recommended
amendments. Mr. wourgola said that subsequent thereto,
the Trustees will adopt a resolution consenting to the
proposed amendments.
Colin Brown was pre·sent to ask about gill net laws in
Shinnecock Bay. He said his boat ran into a gill net that
was set after he stayed out on the water bass fishing late
at night. William Bennett said that gill nets are set

after dark and there are red flags on either end of the

-367-
{Continued, June 3, 1991, BOARD OF TRUSTEES)
line. He said that State law also requires clorox bottles
be attached to the line every 150 feet but, if the driver
of the boat is going too fast and hits the .net in the
middle, he would not see the flags at either end. Mr.
Brown said he came out of the bay the same way he went in
but admitted he did not have his boat lights on due to
there being a full moon. Edward Warner said baymen are
not permitted to put gill nets in the channel but only in
the open bay and that it is up to the individual in the
boat to read the signs and stay clear of the nets.
Bob McAlevy and Frank Marotta were present to ask the
Trustees to consider banning softsheil clam harvesting by
motor, locally known as 11
churning 11 , because they said this
process is devastating large tracts of the area 1 s local
creeks and bays. Mr. McAlevy said that churning destroys
between one-quarter and one-half of the softshell clams
buried in the creek beds and he showed the Trustees a
large photograph of Hubbard Creek in Hampton Bays, taken
at low tide, which he said illustrated the destruction
caused by this method. The photograph showed numerous
craters in the creek bed and a shallow sandbar across the
width of the creek, which he said had been created by a
bayrnan using an outboard motor. Because of the sandbar,
Mr. McAlevy said water in the creek had become stagnant
and he feared a massive infestation of mosquitos this
summer. William Bennett said because the tides in most of

the Town 1 s creeks and bays are so high, churning offers

-368-
(Continued, June 3, 1991, BOARD OF TRUSTEES)
the only practical harvesting method for commercial
baymen. He said in most of the good softshell clamming
spots the bay _bottom is exposed only for an hour and a
half at most during low _tide, making traditional
harvesting methods such as clam raking impractical. Mr.
Bennett said that they had never seen any eviden~e that
churning causes lasting damage to the bays and creeks and,
in fact, with a good northwest wind over a period of a few
days, be said the craters and the sandbar that Mr. McAlevy
saw in Hubbard Creek would all be smoothed out. He also
said that in many oases softshell clam beds that had been
churned one year were more productive in subsequent
years. Edward Warner said that this is the first season
in almost 25 years that there has been a good set of
softshell clams here. Mr. McAlevy said the both East
Hampton and Shelter Island Towns have ordinances
prohibiting the practice and Southold Town .is considering
banning this practice~ Mr. warner said the Trustees will
do some research into the matter.
Three (3) Applications_ ~or permit were approved.
Fifteen (15) Mooring permits were approv~d.

One {l) Tempo~ary mooring permit was approved.


CORRESPONDENCE:
Group for the South Fork.: Invitation to attend a one
day workshop being held June l3th on managing and
protecting Long Island's Estuaries. Three individuals
will attend.

-369-

I
(Continued, June 3, 1991, BOARD OF TRUSTEES)
John Bennett, John Wourgola, cc: Trustees: Letter

requesting an adjournment for the continued hearing on the


permit issued to Raymond Nessim.
Roy Haje/En-consultants, George Hammarth/NYSDEC, cc:
Trustees: Copy of comment letter the DEC received from
the Lake Missapogue Association regarding the proposed
access ramp on Big Fresh pond. John Wourgola will contact
Roy Haje and ask him to write to the DEC correcting the
numerous inaccuracies set forth in the Association's
letter.
Kenneth Thommen: Resolution re: Local Waterfront

Revitalization Committee appointed members.


walter Lane: Letter thanking the Trustees for opening
two hard clam churning areas for the winter months and
praising the oyster transplants as beneficial to both the
baymen and local bays.
George Jessup: Letter requesting that the ramp on
Little Neck Road be repaired.
Orson Munn: Letter opposing downgrade zoning
application by Rosko regarding Tuckahoe Lane/Magee
Street. Copy of this letter will be sent to the
Southampton Village Trustees.
Rosalind Schwartz: Letter stating that she does not
have a deed to her property but owns a share in a

co-operative community in Hampton Bays. She went to


purchase a boat ramp sticker at the resident cost but was

turned down due to not having proof of residency, i.e.,

-370-
(Continued, June 3, 1991, BOARD OF TRUSTEES)
tax bill or driver's license showing Town of Southampton
address. A letter will be written to Mrs. Schwartz
informing her that a resolution was passed which will now
enable her, with the proper proof, to purchase a resident
ramp sticker.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to pass the following resolution:
WHEREAS, a question has arisen as to whether or not a
shareholder in a co-operative corporation is a taxpayer
for purposes of issuance of various Trustee permits,
RESOLVED, that this Board deems a shareholder in a
co-operative corporation to be a taxpayer subject to the
shareholder providing the follOwing docu.mentation at the
time of application for permits:
(1) Tax bill in the name of the underlying
co-operative corporation.
(2) A copy of t,he stock certificate from the
co-operative corporation showing the applicant as being
the owner of the shares.
(3) A copy of the proprietary lease between the

co-operative corporation and the applicant.


A motion was made by Paul Parash, seconded by William
Bennett, and duly carried to pay for the following bills
out of the Trustees' Special Account:
l. Murphy's Cove Pond Assoc. dredging $4,000.00

2. Suffolk Reporters public hearing $ 125.00

-371-
(Continued, June 3, 1991, BOARD OF TRUSTEES)
3. Gloria Frank refund mooring/ramp $ 80.00

4. Lynda O'Gara office help $ 273.00

5. Petty Cash replenishment of fund $ 100.00

6. Peter Repetti refund mooring appl. $ 75.00

7. Carol O'Gara office work $ 697.32

a. Costello Marine refund dock fees $ 810.00

Patrick Heaney said there is a need to clarify the


language in the Trustees' Rules and Regulations regarding
the Trustees' jurisdiction over structures placed upland
that are intended for access to or along the shore
including but not limited to catwalks, bulkheads, stone
revetments and brush jetties. John Wourgola said a Town
Board resolution is needed and be will work up a
resolution for the next meeting.
William Bennett reported receiving complaints
regarding unruly people living on two boats at the
Eastport Bay Avenue dock. Bay Constable Ted Sadleir will
be asked to investigate.

Edward Warner read the following Bay Constable


report: All the buoys and lights are in the water, just a
few speed signs to be placed.
Floating docks for Point Road, Flanders and Red Creek
will be in the water by the end of next week. The dock at
the airplane ramp, which was to be rebuilt will instead be
replaced by a dock. which Bay Constable Sadleir has found
in Moriches Bay. This dock has been not claimed, which
saves money and rebuilding time.

-372-
(Continued, June 3, 1991, BOARD OF TRUSTEES)
Bay Constable Petruska checked out a stairway which
was installed on the Henry Oppenheimer property bulkhead
without a permit. The stairway is hinged which, when
raised, does not ·block Shinnecock Beach Road. Subjects
were not happy when Bay Constable Petruska spoke to them
about same.
I want to set up a meeting with the Trustees and Bay
Constable Sadleir in regards to the boats tied up on
commercial docks. Problems are located in Trustee
Bennett's area. A Friday would be the best day.
The meeting on moti'on was adjourned.

Respectfully submitted,

William H. Bennett, secretary

PERMITS ISSUED

~~~~~{m~ is issued to Richard M. Suter, agent for


~ xaBARAMASON, Tanners Neck Lane, Westhampton,
to construct 4' x 362' walkway (4 1 above grade), a 3' x 8'
ramp and a 6' x 20' floating dock.
Project is located on owner's property on dug canal off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 5923; is issued to En-Consultants, Inc., agent
for JAMES JAMIESON, 3 3 Mineola Court, Hampton Bays, to
replace (within 18 11 ) 108 l.f. of timber bulkhead plus 9'
return on south side and add 7' return on north side (if
needed).
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent
sedimentation through the wall.
-373-
(Continued, June 3, 1991, BOARD OF TRUSTE&S~

2. To hinder siltation, the final grading of disturbed


soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed n~cessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner • s property off Tiana Bay, as
per application and survey submitted.
is issued to En-Consultants, Inc., agent
Actors Colony Road, North Haven, to renew
Permit No~ 57 to construct a 6' x 175' catwalk (4' above
grade} with outer 6 1 x 25' setdown platform. Two {2)
mooring pilings will be installed 16' off stepdown
platform.
Project is located on owner's property off Shelter Island
Sound, as per application and survey submitted.

MOORING PERMITS ISSUED


PERMIT NO. 91-111 is issued to PETER J. REPETTI, 49 Indian
Run, East Quogue, to place a 75 lbs. mushroom anchor
moorinq and buoy for a 17' Sportscraft (Reg. No. NY 9479
JZ), in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.
PERMIT NO. 91-112 is issued to CAROL REPETTI, 49 Indian
Run, East Quogue, to place a '50 lbs. mushroom anchor
moo1=ing and buoy for a 13.5' Boston Whaler (Reg. No. NY
4811 PB), in Shinnecock Bay, under the direction of Bay
Constable Stuart ROse.
PERMIT NO. 9~-113 is issued to BRUNO DiCAPITE, 881 Dune
Road, westhampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 16 1 Century 11 Fury" (Reg. No. NY
8925 UF), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO. 91-114 is issued to PETER ANDREOZZI, 9 Arbutus
Lane, Hampton Bays, to place a 75 lbs. mushroom anchor
mooring and buoy for a 15' Chapar1=ai fiberglass outboard
(Reg. No. NY 4696 PD), in Cold Spring Pond, under the
direction of Bay Constable Dale Petruska.
PERMIT NO. 91-115 is issue_d to MICHAEL WOODS, 34 Westwood
Drive, Sag Harbor, to place a 100 lbs. mushroom anchor
mooring and buoy for a 19' Bayliner (Reg. No. NY 2792 P'r)
in Paynes Creek, under the direc.tion of Bay Constable
Christopher Kohnken.

-374-
(Continued, June 3, 1991, SOARD OF TRUSTEES)
PERMIT NO. 91-116 is issued to TERRENCE MAHONEY, 122
Washington Heights Avenue, Hampton Bays, to place a 75
lbs. mushroom anchor mooring and buoy for a 15 1 AMF
Sunbird sailboat (Reg. No. NY 2673 EY), in Birch Creek,
under the direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-117 is issued to VAN GREENFIELD, 2140 Meadow
Lane, Southampton, to place a 150 lbs.· mushroom anchor
mooring and buoy for a Yamaha Waverunner (Reg. No. NY 4047
JT), in Shinnecock Bay in front of owner's property, under
the direction of Bay Constable Dale Petruska.
PERMIT NO. 91-118 is issued to VAN GREENFIELD, 2140 Meadow
Lane, Southampton, to place a 150 lbs. mushroom anchor
mooring and buoy for a Yamaha Waverunner (Reg. No. NY 4053
JT), in Shinnecock Say in front of owner's property, under
the direction of Bay Constable Dale Petruska.
PERMIT NO. 91-119 is issued to MICHAEL P. GALGANO, Cobb
Isle Road, Water Mill, to place one wooden stake and a 75
lbs. mushroom anchor mooring and buoy for a 15 1 Bayliner
(Reg. No. NY 2951 JT), in Meyers Pond, under the direction
of Bay Constable Dale Petruska.
PERMIT NO. 91-120 is issued to FRANK FILIPPELLI, 125
Little Neck Road, southampton, to place a 100 lbs.
mushroom anchor mooring and buoy for a 21' Wahoo (Reg.
No. NY 2539 UE), in Middle Pond, under the direction of
Bay Constable Dale Petruska.
PERMIT NO. 91-121 is issued to WALTER X. STANTON, JR., 57
Little Neck Road, Southampton, to place a 50 lbs. mushroom
anchor mooring and buoy for a 14' Meyer aluminum outboard
(Reg. No. NY 3622 PC), in Middle Pond, under the direction
of Bay Constable Dale Petruska.
PERMIT NO. 91-122 is issued to GEORGE A. MORVEY, 64 Ridge
Road, Sag Harbor, to place a 100 lbs. mushroom anchor
mooring and buoy for a 17' Venture "First & Last II 1' (Reg.
No. NY 2074 CV), in Noyack Bay, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-123 is issued to GEORGE HEITMAN, 14 Doris
Lane, Southampton, to place a 50 lbs. mushroom· anchor
mooring and buoy for a 14 • Glaspar (Reg. No. NY 2825 DK)
in Fish cove, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-124 is issued to CHARLES J. KAMBOURIAN, 35
Cliff Drive, Bay Point, Sag Harbor, to place a 100 lbs.
mushroom anchor mooring and buoy for a 19' Sea Ray (Reg.
No. NY 8783 DE), in Sag Harbor Cove, under the direction
of Bay Constable Christopher Kohnken.

-375-
(Continued, June 3, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-125 is issued to GEORGE & NANCY TUCKER, 14


Bay View Road, Sag Harbor, to place a 75 lbs. mushroom
anchor mooring and buoy for a 14' :Sayliner (Reg. No. NY
5597 UB), in Sag Harbor Cove, under 'the direction of Bay
Constable Christopher Kohnken.
TEM~RARY MOORING PERMITS ISSUED

PERMIT NO. T91-9 is issued to SYDNEY H. BUMBERG, 298 Dune


Road, Westhampton Beach, to place a 100 lbs. mushroom
anchor mooring and buoy for a 17' Grady White (Reg. No. NY
3280 PN), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir. PERMIT VALID FOR 1991 ONLY
PERMIT NO. T91-10 is issued to ANN FEGAN, 264 Towd Point
Road, Southampton, to place a 125 lbs. mushroom and anchor
mooring and buoy for a 18' Buccaneer sailboat "Uh-bh"
(Reg. No. NY 5359 PP) , in North Sea Harbor, under the
direction of Bay Constable Christopher Kohnken.
PERMIT VALID FOR 1991 ONLY

-376-
JUNE 17, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, JUNE 17, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. warner; Trustees
William H. Bennett, Paul w. Parash and Patrick A. Heaney.
The minutes of the regular meeting of June 3, 1991,
were read, amended, and approved as amended.
Edward Warner stated that, due to the absence of
Deputy Town Attorney John Wourgola, no decision will be
made regarding Trustee Permit No. 5730 issued to Raymond
Nessim until the next scheduled meeting on July 1, 1991.
Jack Eckart of the Southampton Town Baymen•s
Association was present to read a rebuttal to the
statement made by Bob McAlevy at the June 3rd meeting
regarding churning. He said he has been a bayman since
1943 and that harvesting softshell clams by motor, locallY
known as "churning" just blows sand off the clams, does
not hurt them and, in fact, this method enhances future
sets. He said it has been proven that after churning an
area it has produced three times the set. He went on to
say that the indians from the Shinnecock Reservation have
been churning for clams the past 20 years, and in fact
they churn 12 months of the year, and more soft shell
clams have been harvested from their area than the rest of
(Continued, June 17, 1991, BOARD OF TRUSTEES)
the Town•s 15,000 acres of baybottom altogether. He said
that most baymen do not dig 3 foot holes nor use large
size engines and any trenches they dig will :I:evel out in a
few weeks. He said, to bring up another point, the $tate
of Maine conducted studies on the different methods of
harvesting soft shell clams and the mortality rate of soft
shell clams dug by hand was 30-40% Also, the State of
Massachusetts has an experimental area where they harvest
clams by churning and that area is outproducing other
areas by a volume of almost 2 to 1. He said to take note
that there are more preditors eating young clams now than
we had 15 years ago and churning also chases prditors. In
closing; he said that churning is beneficial in the long
term.
Steven Mallaoboski of Club Lane, Remsenburg, arrived
after the start of the meeting. and asked the Trustees if
they made a decision regarding the permi.t issued to
Raymond Nessim. Edward Warner said the ma·tter was still
pending, however a decision would be made at the July 1st
meeting.
A motion was made by Paul Parash, seconded by Edward
Warner, and duly carried to hire Irene Frintzilas as
temporary office help at the rate of $7.00 per hour
effective June 24, 1991.
Eleven (11) Applications for permit were approved.
Four (4) Applications for permit were held.

Thirteen (13) Mooring permits were approved.

-378-
(Continued, June 17, 1991, BOARD OF TRUSTEES)
Three (3) Temporary Mooring permits were approved.
One (1) Pot permit was approved.
CORRESPONDENCE:
Jeffrey Druek: Letter praising Trustee Patrick Heaney
for his help and stating it ·was a pleasure dealing with
someone as professional and courteous as Mr. Heaney.
John Johnson/Louis McLean Associates: Preliminary
engineer cost estimates for the reconstruction of three
Trustee ramps.
Roy Haje/En-Consultants, George Hammarth/NYSDEC, co:
Trustees: Letter correcting the misinformed facts stated
in a letter sent to the DEC by the Lake Missapogue
Association in regards to the scope and intent of the Big
Fresh access ramp project.
Judith Calamandrei: Letter complaining that one of
her neighbors has tied a floating platform to her bulkhead
in wooley Pond and has now applied for a permit to
construct a dock using her deter !orating bulkhead without
her permission. John wourgola will reply.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by Paul
Parash, and duly carried to pay for the following out of
the Trustees• Special Account:
1. Suffolk Reporters transcript of 5/20 hearing $ 63.75
2. Lynda 0 1 Gara office help $381.50
The following resolution was introduced by Edward

warner, seconded by Paul Parash, and duly carried:

-379-
{Continued, June 17, 1991, BOARD OF TRUSTEES)
WHEREAS, as a result of the passing of our dear friend
and colleague, William T. Frank, there presently exists a
vacancy on the Board of Trustees and Freeholders of the
Commonalty of the Town of Southampton, and
WHEREAS, the Board has considered and deliberated
regarding the appointment of a Trustee to complete the
une~pired term of Honorable William T. Frank,
NOW, THEREFORE, BE IT RESOLVED, that Mardooni
Vahradian is hereby appointed as a member of. the Board of
Trustees of the Freeholders and Commonalty of the Town of
Southampton for the unexpired term of William T. Frank,
effective upon filing of this resolution with the Clerk of
the Trustees.
Subsequent to the passing of the r"esolution, Mr.
Vahradian was sworn into office before Southampton Town
Clerk, Kenneth Thommen.
William Bennett reported that he has received many
complaints regarding ducks being run over on Montauk
Highway in Eastport as they cross the road to get to the
south side of West Pond from the north side. west Pond is
a 35 acre pond and 16 acres fall inside the Town of
Brookhaven. At least 15 to 25 ducks are run over each
week. Mr. Bennett said that since Montauk Highway is a
County road he intends to call Joseph Hurleyv Commissioner
of the Suffolk County Dept. of Public Works to see if they
can install a fence on"both sides of the road thus forcing

the ducks to fly over Montauk Highway instead of walking


across.
(Continued, June 17, 1991, BOARD OF TRUSTEES)
Edward Warner said that he spoke to Ted Sharretts
regarding the 75 foot right of way on Peconic Beach Road
and John Andersen also did some research.
Edward warner read the following Bay Constable report:
The docks at Point Road, Flanders and Red Creek are in for
the season. Maintenance men are working on the new dock
for Fort Pond.
Here is some information on the right of way from the
canal to Red Creek. See page 341 in Volume 3 (1741-1929)
of Trustee records. I will find the deed when I have time
this week.
I would like a letter sent from the Trustees to David
Gilmartin requesting the return of all Trustee records he
has, which his father was using. It is over two years
that he has had them. John Wourgola will write to Mr.
Gilmartin.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

-381-
(Continued, June 17, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
PERMIT NO. 5925: is issued to BONETTI/ANZALONE, South
Beach Road, Shlnnecock Hills, to construct 370 l.f. of
timber retaining wall generally along toe of bluff in
location specified by the Southampton Town Trustees. Wall
will be above mean and s~ring high water. Existing
deteriorated section of bulkhead on east side will be
removed. Construct a staircase from top of bluff to
proposed retaining wall with steps to beach.
The following special conditions apply:
L Steps on beach Sba'll not extend further than 3'
seaward of retaining wall. If any of the retaining wall,
bulkhead, staircase should exist on a Trustee's right of
way known as Shinnecock Beach Road and, in the future, the
public demarids restoration of this road~ the retaining
wall, bulkhead, staircase will have to be removed.
2. Filter cloth backing is to be installed on the
inside of the new bulkheading/wall to prevent
sedimentation through the wall.
3. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead/wall shall be a
minimum of four inches below the finished height of the
wall.
4. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bu~khead/walL
Project is located on own~r 1 S property off Shinnecock Bay,
as per application and survey submitted.

;P:;:E;:.RM::;;:I.:T_:.N;;0,;·::--.:5.:9,;;2,.6,;.: is issued to James H. Rambo, Inc~, as


agent for HILLES TIMPSON, Millstone Brook Lane,
Southampton, to resheath sa·o l.f. of existing timber
bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only olean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Bullhead Bay,
as per application and survey submitted.

-362-
(Continued, June 17, 1991, BOARD OF T~USTEES}

inside of the new bulkheading to prevent sedimentation


through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5928: is issued to Ernest H. Spellman, agent
for PAUL AND LILYAN ABRAMSON, 25 Koral Drive, Southampton,
to construct a 5 1 x 16' floating dock along bulkhead. In
lieu of ramp a 30" wide ladder will go from top of
bulkhead to floating_ dock.
Project is located on owner's property off Middle Pond, as
per application and survey submitted.
PERMIT NO. 5929; is issued to Inter-Science Research
Assoclates, Inc., agent for DORl!:l:N AND GILBERT BASS IN 1
Phillips Lane, southampton, to construct a 4' x 20'
catwalk (4' above grade), two (2) 2' x 7' ramps and a 6' x
16' floating dock.
Project is located on owner's prOperty off Far Pond, as
per application and survey submitted.
PERMIT NO. 5930; is issued to Land Use Company, agent for
DON MORROW, Tanners Neck Lane, Westhampton, to construct a
210' driveway for access to future single family dwelling
site. Driveway will require the filling of approximately
500 s. f. of tidal marsh and the creation of 1, 000 s. f. of
wetlands as mitigation for the filling activity. Tidal
flow will be maintained through the installation of ( 4)
36 11 corrugated metal pipes. Hay bales and silt screens
will be maintained prior to driveway construction and side
stabilized with AMXCO erosion control blankets and
with Switch Grass (Panicurn virgatum) and Pustinella

and maintenance of
the culverts shall be the responsibility of the property
owner.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO·. 5931; is issued to HENRY W. OPPENHEIMER,
Hawthorne Road, southampton, to repair ladder descending
from bulkhead onto Shinnecock Beach Road.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.

-383-
(Continued 8 June 17, 1991, BOARD OF TRUSTEES)
PE~IT NO. 5932: is issued to Inter-Science Research
Associates, Inc., agent for NEW YORK TELEPHONE COMPANY,
501 North Ocean Avenue, Patchogue, to amend Permit No.
5861 to install 1,766.59 l.f. of armored fiber optics
television cable beneath the bottomlands of Shelter Island
Sound between the Village of North Haven and the Town of
Shelter Island.
Project is located in Shelter Island Sound, as per
application and survey submitted.
PERMIT NO. 5933: is issued to En-Consultants, Inc, agent
for EDWARD TISHELMAN, 102 Little Neck Road, Southampton,
to ref ace 170 1. f. of timber bulkhead and to construct a
timber 4' x 75' .fixed dock.
The following special conditions apply:
l. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To .hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soilS are to be placed along
the inside of the neW bulkhead.
Project is located on owner's property off Old Fort Pond,
as per application and surv.ey submitted.
PERMIT NO. 5934: is issued to En-Consultants, Inc., agent
for JOSEPH VOLPE, 35 Nautilus Dr~ve, Hampton Bays, to
amend Permit No. 5888 to reduce overall length of floats
to 30' and, in addition, place (2) two-pile dolphins 40'
south of the proposed floats.
Project is located on owner's property off Wells Creek, as
per application and survey submittedo
PE!Uol;!:'l' NO. 5935: is issued to En-Consultants, Inco, agent
for BARRY GLICK, Harbo.r: Drive, Sag Harbor, to construct a
75' upland retaining wall plus 10' return on south side.
Proposed wall will connect to return of adjacent bulkhead
to north. The following special conditions apply:
l. Filter cloth backing is to be -installed on the
inside. of the new retaini.ng wall to prevent sedimentation
through the wall.
2. 'l'o hinder siltation, the final grading of
disturbed soils behind the new retaining wall shall be a
minimum of fOur inches below the finished height of the
walL
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new retaining wall.
Project is located on owner's property off Sag Harbor
Cove, as per application and surv.ey submitted.
-384-
(Continued, June 17, 1991, BOARD OF TRUSTEES)
PERMITS HELD
An application for permit from J.M.O. Consulting,
agent for Richard Farrell, Dune Road, Westhampton Beach,
to construct a 6 1 x 20 1 float and a 6 1 x 25' low profile
jet ski float at an existing docking facility in Quantuck
Bay was placed on hold pending review of the application
by Deputy Town Attorney John wourgola.
An application for permit from Harbor Marine
Construction, Inc., agent for John Porco, Dune Road,
Westhampton Beach, to amend Permit No. 5886 to construct a
10 1 wide wheelchair turn-around rest area at the end of
his 4 1 x 100 1 fixed pier in Moriches Bay was placed on
hold pending receipt of a letter from his family doctor
attesting to the fact that someone in the household is
confined to a wheelchair.
An application for permit from En-Consultants, Inc.,
agent for Waters Edge Civic Association, Temple Avenue,
Riverhead, to construct a 100' long brush jetty in
Flanders Bay was placed on hold pending a review of any
special conditions set by the NYSDEC concerning 1) beach
nourishment and 2) notification and authorization from
downdrift adjacent property owners.
An application fo.r permit from Inter-Science Research
Associates, Inc., agent for George Tolffsen, Inlet Road,
Southampton, to construct 88 l.f. of new timber bulkhead
8' offshore of existing bulkhead and backfill with 280
c.y. of clean fill and to reface 190 l.f. of existing
deteriorating bulkhead on dug lagoon off of Cold Spring
Pond was placed on hold pending a full board inspection
scheduled for July 1, 1991.
MOORING PERM-ITS ISSUED
PERMIT NO. 91-126 is issued to TIMOTHY P. BENNETT, JSA
Neptune Ave., Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16 1 Cobia (Reg. No. NY 3404
.I?P) , in Tiana Bay, under the direction of Bay Constable
Stuart Rose.
PERMIT NO. 91-127 is issued to SALVATORE DeFRESCO, 19
Grant Boulevard, Hampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16' fiberglass boat (Reg.
No. NY 6331 JV), in Tiana Bay, under the direction of Bay
Constable Stuart Rose.
PERMIT NO. 91-128 is issued to WILLIAM TULIPANE, 10 Rose
Avenue, North Sea, Southampton, to place a 50 lbs.
mushroom anchor mooring and buoy for a 14 1 sailboat, in
North Sea Harbor, under the direction of Bay Constable
Christopher Kohnken.
-385-
(Continued, June 17, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-129 is issued to JIM DUFFY, 1 Willow Shade
Lane, East Quogue, to place a 75 1bs. mushroom anchor
mooring and buoy for a 14' Dunphy wooden boat {Reg. No. CT
4474 D), in Tiana Bay,- under the direction of Bay
Constable st.uart Rose.
PERMIT NO. 91-130 is issued to ADELE 0 1 CONNELL, Walnut
street, Noyac, Sag Harbor, to place a 75 lbs. mushroom
anchor moori~g and buoy for a 17' fiberglass sailboat
"Zach II", 1n Mill Creek, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO., 91-131 is issued to JOHN P. DEE. 1 25 QuantUck
Bay Road, Westhampton Beach, to place a 50 1bso mushroom
anchor mooring and buoy for a 19' Flying Scott sailboat,
in Cold Spring Pond, under the direction of Bay Constable
Dale Petruska.
PERMIT NO. 91-132 is issued to BARBARA PELTZ, 59 Hillover
Road, Sag Harbor, to place a 50 lbs. mushroom anchor
mooring and buoy for a 14' sunfish sailboat, in Sag Harbor
Cove, under the directiOn of Bay Constable Christopher
Kohnken.
PERMIT NO. 91-133 is issued to MARIE MARZELLI, 9 Sun
Valley Road, liampton Bays, to place a 75 lbs. mushroom
anchor mooring and buoy for a 16 1 Glastron {Rego No. NY
6163 BV) , in Shinnecock Bay, under the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-134 is issued to KATHRYN R. TALTY, 12
Hampton Harbor Road, Hampton Bays, to place a 75 lbs.
mushroom anchor mooring and buoy for a 14' Winner (Reg.
No., NY 5555 GJ), in Smith Creekf under the direction of
Bay Constable Kenneth Malone.
PERMIT NO. 91=135 is issued to CHARLES CARDILE, 5
Lighthouse Road, Hampton Bays, to place a 100 lbs.
mushroom anchor mooring and buoy for a 21' Bayliner (Reg.
No. NY 9990 UF), in Shinnecock Bay, under the direction of
Bay Constable Kenneth Malone.
PERMIT NO. 91-136 is issued to ALEXANDER KOSLOW, 69 Point
Road, Flanders, to place a 250 lbs. mushroom anchor
mooring and buoy fo·r a 25' Quincy Adams Racing Sloop
"Temptress" , iil Red Creek Pond, under the direction of
Bay Constable Kenneth Malone.
PERMIT NO. 91-137 is issued to THOMAS STEWART, 62 Club
Drive, Southampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 17' D'Day Sailboat, in Cold Spring
Pond, under the direction of Bay Constable Dale Petruska.

-386-
(Continued, June 17, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-138 is issued to DONALD E. LAMAR, 50


Hawthorne Road, Southampton, to place a 75 lbs. mushroom
anchor mooring and buoy for a 15' Sportcraft (Reg. No. NY
6740 JW), in Shinnecock Bay, under the direction of Bay
Constable Dale Petruska.

TEMPORARY MOORING PERMITS ISSUED


PERMIT NO. T91-ll is issued to STEPHEN B. MEISTER, 628
Dune Road, westhampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 17 1 Glass Master (Reg. No.
NY 8527 PC), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir. PERMIT VALID FOR 1991 ONLY

PERMIT NO. T91-12 is issued to CHRISTEN JOHANSEN, 33 Head


of Pond Road, Southampton, to place a 25 lbs. mushroom and
anchor mooring and buoy for a 14'6" Cape Dory (Reg. No. NY
4256 HG), in Meoox Bay, under the direction of Bay
Constable Dale Petruska. PERMIT VALID FOR 1991 ONLY

PERMIT NO. T91-13 is issued to JULIA SHEPPS, 412 Dune


Road, westhampton Beach, to place a SO lbs. mushroom and
anchor mooring and buoy for a 13' Flying Jr. sailboat
"Little Jule", in Moriches Bay, under the direction of Bay
Constable Ted Sadlier. PERMIT VALID FOR 1991 ONLY

POT PERMITS ISSUED


PERMIT NO. PT34 is issued to WAYNE L. GROTHE, P.O. Box 815
- Post crossing, East Quogue, to place pots on Trustees'
bottom in Town of southampton waters for 1991.

-387-
JULY 1, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,


N.Y. WAS HELD AT TOWN HALL ON MONDAY, JULY l, 1991, AT 1

P.M.

PRESENT WERE: P~esident, Edward J. Warner~ Trustees


William H. Bennett, Paul w. Parash, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of June 17, 1991,
were read, amended, and approved as amended.
Bob McAlevy was present to submit new evidence to
support his belief that the practice of mechanical
softshell clam harvesting, locally known as churning,
should be banned. He presented several newspaper articles
and scientific studies documenting the damage wrought by
churning. He said the Trustees have a responsibility to
look into the matter and that they should also regulate
the length of the clamming season to prevent clams from
being disturbed when they spawn. He said that Southampton
is now the only East End township that still allows
churning since the Town of Southold adopted this
resolution last month HChurning by power may not be

employed in the taking of soft clams on land below


high-tideline in town waters". He said this resolution
was passed after the Southold Trustees went out with the
baymen and found that churning was 100 times more damaging

-388-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
than that done by other harvesting methods. Edward Warner
said that soft clams are now dying due to the brown tide,
actually being annihilated. Would you rather see them die
than have baymen make a few dollars? Mr. McAlevy said
absolutely not but set aside areas to be left alone so the
clams can spawn. Mr. Warner thanked him for all the
literature he brought and said copies would be made and
given to each of the Trustees for their perusal.
At 2:00 the revocation hearing of Trustee Permit No.
5730 issued to Raymond N"essim, Club Lane, Remsenburg, was
reopened. John Bennett, attorney foE Raymond Nessim, read
the following letter:
As you are aware, we repr:esent Raymond Nessim to whom
a bulkheading permit was issued.
Enclosed please find a copy of a letter dated June 19,
1991 from Fred Ostrowski, the owner of Lot No. 9 at the
subject subdivision, i.e., the lot directly adjacent to
Raymond Nessim's. As you can see, Mr. Ostrowski has
consented to Mr. Nessim's maintenance of this bulkhead.
As important, it should be remembered that at the last
public hearing on this matter on May 20, 1991, it was the
position of the Trustees that an application for
bulkheading required consent of affected property owners.
Submitted for your review and consideration is a copy of
Article VII, Section 3 of the "Rules and Regulations for
the Management and Product of the Waters of the Town of

Southampton''. That section is entitled "Docks, Channels,

-389-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
Basins and Bulkheads". As you can see, Section D requires
written consent solely for the construction of a dock.
Since that Section is entitled "Docks, Channels, Basins
and Bulkheads'', if the Trustees wanted to require consent
for the building of the bulkhead it was incumbent upon
them to include such a requirement in Section 3.
We state our position that any attempt to rescind this
valid permit is an attempt to construe the subject
right .. of-ways, a power, it is respectfully submitted, not
within the jurisdiction of the Trustees.
We trust that these submissions will aid in your
determination.
We respectfully request that you decline to revoke the
permit.
Mr. Bennett said he wished to make a few other
points. He said that the right-of-way, as written, was
solely for ingress and egress to the water and there is no
mention of boats in any of the previously submitted
deeds. Also, under the law of the State of New York,
there is no obligation on Mr. Nessim' s part to maintain
this right-of-way. He said that Mr. Nessirn wants to be a
good neighbor and has consented to a compromise that might
be acceptable to all parties. ln closing he reiterated to
the Board again that it was not up to them to construe the
scope of this right-of-way.
William J. Minsch, Jr., a Club Lane resident, said he

was unable to attend the last meeting, howe.ver, he has

-390-
(Continued, July l, 1991, BOARD OF TRUSTEES)
read the transcript of the hearing and takes exception to
the statement that the requested ramp would threaten Mr.
Nessim' s property. He said this was nonsense and showed
pictures refuting that statement. He said that Mr. Nessim
claims he has never seen anyone using the ramp. Well, he
countered, we have never seen him as Mr. Nessim is very
rarely there. In closing he reminded Mr. Bennett that
estoppel may not be used on public officials to prevent
them from changing their minds.
Albert Lederman, a Club Lane resident, said Mr.
Nessim's application was taken in good faith by the
Trustees but he faults Mr. Haje of En-Consultants, for not
disclosing to the Board upfront that someone elses
property was involved in the bulkheading project. He said
Mr. Nessirn deliberately bulkheaded his neighbor's property
without his knowledge or concent. He went on to say that
the public hearing was to hear any or all persons for or
against Mr. Nessirn' s bulkhead. He stated no citizen on
Club Lane is for the bulkhead across the right-of-way.
After hearing the testimony presented and upon a
visual inspection of the subject premises, this Board
makes the following findings of fact:
1. Raymond Nessim is the owner of a parcel of
property situated at Club Lane, Remsenburg, New York.
Said property has an area of 55,114 sq. ft. and fronts on
Moriches Bay.

2. On or about May 9, 1990, Raymond Nessim, through

-391-
(Continued, July 1, 1.991, BOARD OF TRUSTEES)
his agent, En-Consultants, Inc. made application to the
Town Trustees for permission to replace approximately 283
linear feet of timber bulkhead along that portion of
Nessim 1 s property which fronted on Moriches Bay. On or
about May 29, 1990, · 'l'rustee Permit ~o. 5730 was issued to

Mr. Nessim for the work outlined in his application.


3. '!*he permit was to replace existing 283 linear feet
of timber bulkhead within 18" of the present bulkhead.
The permit was also to dredge a maximum of 10 cubic yards
to a maximum depth of 4 1 below mean low water. The permit
also encompassed the removal of a 20 1 wide boat ramp and
the bulkheading across of this area.
4. The permit specifically stated that the project
11
was to be located on owner s property.
1 11

5. Subsequent ·tO issuance of a permit and


construction of the improvements, residents within the
vicinity of the subject premises advised this Board that
the removal of the boat ramp and the construction of the
bulkhead blocked their access to Moriches Bay, and was in
direct contravention of their right of way as set forth in
their deeds.
6. The testimony and documentation at the hearing on
May 20 established, without a doubtt that the Nessim
property was subject to a right of way 20' wide for the
benefit of certain third parties residing in the vicinity
of the Ness in property. This right of way runs along the
westerly side of the Nessim property from Club Lane to

-392-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
Moriches Bay. Said right of way is set forth in the deeds
of the persons appearing in support of the revocation of
Permit No. 5730. said right of way is also specifically
shown on the subdivision map of Club Lane Estates filed
August 29, 1968 in the Office of the Suffolk County Clerk.
7. In addition to the aforementioned right of way,
there is also a 20' wide right of way on the property
immediately adjoining the Nessim property on the west.
This right of way abuts the right of way on the Nessim
property and again runs from Club Lane to Moriches Bay.
The rules, regulations and policy of the Town Trustees
requires the applicant to produce the consents of any
persons having an interest in the right of way ptior to
issuance of a permit for any construction on said right of
way.
a. The boat ramp that was closed off by Mr. Nessim
straddles the right of way on the Nessim property and the
right of way to the property to the immediate west of
Nessim' s property and accordingly a portion of the
bulkhead installed by Mr. Nessim is not even on his
property.
9. The consents of all parties having an interest in
this right of way were not provided to the Town Trustees
by the applicant or his agent.
Based on the foregoing findings of fact, this Board
makes the following conclusions:

A. Applicant's agent testified under oath that he

-393-
{Continued, July 1, 1991, BOARD OF TRUSTEES)
presents hundreds of applications per year and
additionally testified that he is fully familiar with the
procedures involved in dealing with right of ways,
vis-a-vis, Trustee permits. When asked if he was familiar
with the Trustees long standing policy of requiring
consents from anyone having an interest in a right of way,
the agent replied in the affirmative.
B. Notwithstanding the foregoing, applicant's agent
failed to produce these consents to the Board.
c. The construction of the bulkhead across the two
20' right of ways effectively blocks all access to
Moriches Bay and is in direct contravention of the right
of way which encumbers the Nessim property.
D. Counsel for the applicant a:r;gued that case law
provides that a right of way does· not implicitly give the
right to "wharf out." However, there haf? never been any
discussion of wharfing out or constructing a dock. The
objectors simply want the boat ramp restored to its prior:
condition so as to give them the access to Moriches Bay to
which they are entitled.
E. Applicant's arguments of economic injury are
unfounded, as any economic injury allegedly suffered by
applicant was brought on by his own actions, that being
the construction of the bulkhead which effectively cuts
off access to Moriches Bay. Testimony did ~ndicate,

however, that those persons having a right of way over the

Nessim property have incurred substantial economic

-394-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
hardship, in that their access to the bay has now been cut
off and, accordingly, their property values have
diminished.
F. Applicant was fully aware of the existence of this
right of way and cannot now deny it. By letter of June
13, 1990 from the State of New York to applicant's agent,
the closing off of the right of way was specifically
questioned. The State questioned whether the right of way
was owned by ••an association of some sort" and sought a
clarification of why the boat ramp was being closed in
view of the fact that it was 11
serviceable and useful. ••
G. Notwithstanding this clear indication that the
proposed construction would interfere with the rights of
others, Mr. Nessim proceeded to bulkhead across this right
of way.
H. The documentation submitted and the testimony
presented indicates that more than half of what was the
boat ramp was not even located on Nessim's property but on
the property to the west. Mr. Nessim testified under oath
that he never obtained any consent from the fee owner of
the property' to the west to block the boat ramp or
construct the bulkhead across the right of way. In so
doing, Mr. Nessim has indicated his total disregard for
both ·the rules and regulations of the Town Trustees and
the property rights of others. As previously noted, the
Trustee Permit specifically stated that all work was to be

done on the 11
owner' s property. 11 Accordingly, all work
(Continued, July 1, 1991, BOARD OF TRUSTEES)
done by Nessim west of his property line is in direct
contravention of the permit.
I. Notwithstanding this violation of the existing
permit, the permit itself must be revoked, in that the
applicant failed to produce the necessary consents as
required by the Town Trustees.
Based on the foregoing findings of facts and
conclusions, a motion was made by Edward warner, seconded
by ·William Bennett and duly carried 4-0 (Mardooni
Vahradian abstained) that Permit No. 5730 be revoked and
further moved that the applicant be directed to cause the
removal of that portion of the bulkheading l.ying across
the 40' right of way and further direct the restoration of
the boat ramp in its former location within 45 days of the
date hereof.
Seven (7} Applications for permit were approved.
One (1} Application for permit was- withdrawn.
Nine (9) Mooring permits were approved.
Two (2) Temporary mooring permits were approved.
One (1) Pot permit was approved.
CORRESPONDENCE:
George Hammarth/NYSDEC, Fred vanderwerven/Lake
Missapogue Association, co: Trustees: Reply to his letter
of concern regarding the construction of a public
access/launch site for small boats and canoes on Big Fresh
Pond together with a copy of the Freshwater Wetlands
permit recently issued to the Town.

-396-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
Roy Haje/En-Consultants: Request for refund of dock
fees paid for John Klink for project on Shelter Island
Sound which is not in the Trustees' jurisdiction.
George Hammarth/NYSDEC: Pernit for the construction
of an access ramp to Big Fresh Pond.
Joe Escudero; Letter stating that be is a resident of
the Town of Islip, however, he enjoys fishing with his
nephews in our Town waters. He was told by an ordinance
officer he needed a Southampton Town fishing permit but
discovered they are issued to residents only. He feels
this is unfair. A copy of the Rules & Regulations booklet
will be mailed to him together with a letter informing him
that, with the exception of Wildwood Lake, he must be a
Town resident to fish in any of our lakes or ponds.
Kenneth Ruis: Letter requesting permission to use
Wildwood Lake as an Olympic water ski training site. A
copy of the Rules & Regulations booklet will be mailed to
him together with a letter informing him that no
motorboats are permitted on the Town's fresh water ponds.
Daniel J. Brady, attorney for Tiana Bay Apartment
Owners, InC.: A letter questioning the rights of
cooperative tenants regarding Trustee permits. A copy of
the June 3rd resolution regarding that matter will be sent
to him.
Ar:am Terchunian: Literature package describing First
Coastal Corp and our Erosion Control and Coastal

Environmental Services capabilities.

-397-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
Aram Terchunian: Letter notifying Trustees that Long
Island Shore and Beach Preservation Association received a
donation from the Westhampton Beach senior high school
graduating class and will be undertaking a summer drainage
project in the greater Westhampton area.
A motion was made by Patrick Heaney, seconded by Paul
Par ash, and duly carried to pay for the following bills
out of the Trustees' Special Account:
l. Irene Frintzilas office help $ 150.50

2. Star Screening signs $ 50.00

3. Paul Abramson refund/dock fees $ 10.00

4. Lynda O'Gara office help $ 185.50

5. John Klink refund/dock fees $ 610.00

6. Carol O'Gara office work $ 478.40

7. En-Consultants bal of fee/Big Fresh $ 200.00

B. John Berglin gas reimbursement $ 30.00

s. Michael Mampreyan gas reimburs. $ 30.00

6. Lester Trafford III gas reimburs6 $ 30.00

7. George Schellinger gas reimburs. $ 30.00

B. James Lang refund/mooring fee $ 75.00

Edward Warner reported that Bay Const.able Ted Sadleir


received a call from Dick FoK of the NYSDEC asking if the
Town would be interested in moving scallops from Northwest
Harbor due to deteriorating water conditions caused by the
brown tide. He said that Ted got in touch with him and he
immediately called Dick Fox to discuss the matter. He
said the DEC faxed a permit to him and on Sunday, June

-398-
(Continued, July l, 1991, BOARD OF TRUSTEES)
30th at 6 A.M. ten baymen, together with Senior Bay
Constable John Andersen, Bay Constable Dale Petruska, Dick
Fox and himself supervising, raked 30 bushels of scallops
containing approximately 1,500 scallops per bushel and
transplanted them to Shinnecock Bay. He said the scallops
were placed the following areas: 10 bushels between Fort
Pond Inlet to Heady Creek Inlet, west of the reservation~

10 bushels west of Far Pond and south of Shinnecock Hills~

and 10 bushels west of Shinnecock Inlet, north of Warners


Island. He went on to say that the transplarited scallops
were expected to guickly spawn and_ scatter millions of
tiny "bugs''.
A letter will be sent to the volunteer baymen thanking
them for their time and effort on Sunday morning and also
to Bill Berkowski for the use of h~s ice truck.
A motion was made by William Bennett, seconded by Paul
Parash, and duly carried to pay $30. for each of the four
boats out of the Trustees' Special Account reimbursing the
baymen for gasoline used during the transplant project.
Edward Warner read the following Bay Constable
report: A letter should be sent by the Trustees thanking
the baymen who went on the escallop transplant on Sunday,
June 30th, at 6 A.M., and one sent to Berkowski Ice
Company for the use of their refrigerated truck, used to
transport the escallops. special thanks to Bay Constable
Dale Petruska who drove the truck.

Attached are pictures of the dock that was put in at

-399-
(Continued, July lt 1991, BOARD OF TRUSTEES)
Little Neck Road ramp by the maintenance men, Jim White
and Jim Squires and Bay Constable Ted Sadleir.
Jensen Marine has M/2 running and can now be used.
I have found a copy of amended Map A for Shinnecock
Hills and would like permission to have copies made.
Can John Wourgola check and see if the Trustees can
issue stop work orders like the Building Dept. (This
would be a big help.)
A motion was made by Edward Warner, seconded by Paul
Parash, and duly carried to pay for copies of amended Map
A for Shinnecock Hills out of the Trustees' Special

Account.
Mardooni Vahradian read a letter he received from
Clarence Banks regarding a parking violation summons Mr.
Banks received on Ruggs Path in Noyac. He asked why the
Town police issued him a summons while parked on a Trustee
Road. Mr. Vahradian will inform M·r. Banks that the
Trustees turn their roads over to the Town to enforce
Vehicle and Traffic laws for 3 months each year, from
Memorial Day to Labor Day.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

-400-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
is issued to J.M.O. Consulting, agent for
Neck Lane, Quogue, to construct a
4' x 15' ramp from ·an existing bulkhead to a 6' x
20' floating dock.
Project is located on owner's property on dug canal off
Quantuck Bay, as per application and survey submitted.

~~~~Gl~,is issued to Michael Sylvester, agent for


A.. 23 Marlin Road, East Quogue, to
reconstruct (in place) 75 Lf. of navy type timber
bulkhead plus two (2) 10' returns. Dredge lagoon to -4'
MLW to 10 feet offshore of bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the neW bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner • s property on dug lagoon off
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5938: is issued to HENRY J. MONTAGNI, 35 Tarpon
Road, East Quogue, to reface 75 l.f. of existing timber
bulkheading.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5939: is issued to Theodore Angell, agent for
RIVERHEAD ESTATES CIVIC ASSOCIATION, Reeves Bay Trail,
Flanders, to replace (in place) six (6) metal poles on
boat dock at Association beach with wood poles.
Project is located on owner's property off Reeves Bay, as
per application and survey submitted.
PERMIT NO. 5940:. is issued to En-Consultants, Inc., agent
for GLUCK VENTUREs LTD., 9 Duck Point Road, Remsenburg, to
-401-
(Continued, July l, 1991, BOARD OF TRUSTEES)
reface 112' of easterly second (outer) bulkhead and add 8'
return. Replace 70 1 of westerly section and attach to
previous section, which is approximately 2 1 out from first
(inner) bulkhead, then taper to 18" in front as work
progresses westward. Next 38 1 section will. be replaced
within 18". Next two {2) sections within dug canal, 12 1 &
23 1 will be refaced. Two davits will be installed on
concrete footings behind- bulkhead. The following special
conditions apply:
L New bulkheading not to be raised above height of
present bulkheading.
2. No stones are to be placed behind bulkheading.
3. No vegetation is to be disturbed during refacing of
23' section within dug canal.
4. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through· the wall.
s. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches belOw the finished height of the wall.
6. Should it be d'eemed necessary to add backfill after:
grading has begun, only clean sand or gravel will be
permitted. No organic top ·so1.1s are· to be placed along
the inside of the new bulkhead.
Project is located on owner's property on dug canal off
Moriches Bay, as per application and survey submitte·d·.
PERMIT NO. 594~: , is issued to Chesterfield Associates,
agent for CARO~ GRISTINA, 152 Dune Road, Westhampton
Beach, to reface· 150 l.f. of timber bulkheading.
The following special conditions apply:
1. New bulkheading not to exceed height of present
bulkheading~
2. Filter cloth backing is to be installed on the
inside Of the new bulkheading to prevent sedimentation
through the wall.
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Moneybogue Bay,
as per application and survey submitted.
PERMIT NO.. 5942: is issued to Mockridge Marine
ConStruct1.on, agent for WESTBAMPTON ASSOCIATION, INC., 580
Dune Road, Westhampton Beach to reconstruct (within 18 11 )
384 L f. of timber bulkheading and to oonstruct an 18' x
60' and 6 1 x 249' walkway around ins "ide of bulkheading.
The following special conditions apply:
1. New bulkheading and groin not to exceed height of
present bulkheading.
-402-
(Continued, July 1, 1991, BOARD OF TRUSTEES)
2. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.

PERMITS WITHDRAWN
An application for permit from J.M.O. Consulting, agent
for Richard Farrell, Dune Road, Westhampton Beach, to
construct a 6' x 20' float and a 6' x 25' low profile jet
ski float at an existing docking facility in Quantock Bay
was withdrawn by the agent.

MOORING PERMITS ISSUED


PERMIT NO. 91-139 is issued to DAVID WINTER, 170 Wooley
Street, Southampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 20' MFG outboard (Reg. No. NY 1059
PF}, in Bullhead Bay, under the direction of Bay Constable
Christopher Kohnken .•
PERMIT NO. 91-140 is issued to GENNARO A. GIUSTRA, 191
Temple Avenue, Riverhead, to place a 250 lbs. mushroom
anchor mooring and buoy for a 29' Gemini fiberglass sloop
"Fat cat" (Reg. No. NY 3015 GJ), in Red creek Pond, under
the direction of Bay Constable Kenneth Malone.
PElUIIT NO. 91-141 is issued to MICHAEL SINISI, One Marina
Place, Hampton Bays, to place a 150 lbs. mushroom anchor
mooring and buoy for a 22' Cobolt (Reg. No. NY 2382 UA),
in East Tiana Bay, under the direction of Bay Constable
Stuart Rose.
PERMIT NO. 91-142 is issued to LINDA S. PHILP, 425 Oak
Avenue, Flanders, to place a 50 lbs. mushroom anchor
mooring and buoy for a 15' Mutineer sailboat, in Birch
Creek, under the direction of Bay Constable Kenneth Malone.
PERMIT NO. 91-143 is issued to BRUCE DeCARA, 70 Fanning
Avenue, Hampton Bays, to place a 150 lbs. mushroom anchor
mooring and buoy for a 21' Stiger Craft "Kailafish", in
Shinnecock Bay, under the direction of Bay Constable Dale
Petruska.

-403-
(Continued, July 1, .1991, BOARD OF TRUSTEES)
PERMIT NO. 91-144 is issued- to DREW CLARK, 4 Bridle Path,
Remsenburg, to place a 100 lbs. mushroom anchor mooring
and buoy for a 20' Grady White (Reg. No. NY 6264 PO), in
Moriches Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO. 91-145 is issued to THOMAS J. MEIGEL, 143
Little Neck Road, Southampton, to place a 75 lbs. mushroom
anchor mooring and buoy for a 19' Sea :Ray (Reg. No. NY
8771 DE) , in Middle Pond, under the direction of Bay
Constable Dale Petruska.
PERMIT NO. 91-146 is issued to GASPER BARCIA, 30 Oceanview
Drive, Southampton, to place a 150 1bso mushroom anchor
mooring and buoy for a 21' Renken (Reg. No. NY 2808 PK),
in Shinnecock Bay, under the direction of Bay Constable
Dale Petruska.
PERMIT NO. 91-147 is issued to EDWARD F. WILLIAMS, 48
Peconic Trail, Flanders, to place a 50 lbs. mushroom
anchor mooring and buoy for a 14' MFB fiberglass outboard
(Reg. No. NY 8342 JV), in Reeves Bay, under the direction
of Bay Constable Kenneth Malone.

T~PORARY MOORING PERMITS ISSUED


PERMIT NO. T91-14 is issued. to ERIC SAN.ETSKY, 7 Cove Lane,
Westhampton Beach, to place a 100 lbs. mushroom ·anchor
mooring and buoy for a 18' Boston Whaler (Reg. No. NY 6750
JZ), in Motiches Bay, under the direction of Bay Constable
Ted Sad1eir, PERMIT VALID FOR 1991 ONLY
PERMIT NO. T91-l5 is issued to JOEL SCHONFELD, 84 Towd
Point Road, Southampton, to place a 75 lbso mushroom and
anchor mooring and bu,oy for a 16' Starcraft Bowrider {Rego
Noo NY 5982 PE), in North Sea Harbor~ under the direction
of Bay Constable Christopher Kohnken. PERMIT VALll> FOR
1991 ONLY

POT PERMITS ISSUED

PEJUIJIT NO. PT35 is issued to BARRY BRUMBERG, 20 Lenape


Road, :;outhampton, to place pots on Trustees' bottom in
Town of Southampton waters for 1991.

-404-
JULY 15, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, JULY 15, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Parasb, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of July 1, 1991,
were read, amended, and approved as amended.
Bob McAlevy was present to ask the 'l'rustees if they
had come to a decision regarding the banning or
restricting of mechanical softshell clam harvesting
(churning) in Southampton Town waters. Edward Warner said
no, that the literature given to the Trustees by Mr.
McAlevy was still being read by the Board members, in
addition to literature and reports on the soft-shell clam
they obtained from the Bureau of Marine Fisheries. Mr.
McAlevy said that clams are very susceptible to stress and
he ·feels that certain areas should be closed to churning
during spawning and, furthermore, that churning should be
allowed only in 18" to 24" of water beyond the low water
mark. Mr. McAlevy then asked why the Trustees haven't
adopted the State management of weakfish in Great South
Bay and Moriches Bay. He said, from a conservation point
of view, during the month of May when the weakfish are on

-405-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
their way to spawn no fisherman should be allowed to have
more than 3 weakfish in his possession. Edward warner
said that New York State controls finfish and that the
State allows fishermen in both East Hampton and
Southampton Towns to catch unlimited weakfish in May.
Twelve (12) Applications for permit were approved.
Two (2) Applications for permit were held.
Twelve (12) Mooring permits were approved.
Two (2} Temporary Mooring permits were approved.
CORRESPONDENCE:

Gordon Colvin, NYSDEC: Letter commending the Trustees


for being able to organize a relay of scallops from
Northwest Harbor to Shinnecock Bay due to deteriorating
water conditions caused by the brown tide.
Vic Amass/President of The Colony Club of Southampton
Shores: Letter calling attention to the serious problem
of vehicular traffic along the beaches of East Beach Drive
and west Beach Drive on Little Peconic Bay.
William Bates, Attorney for Sheldon Tannen: Letter
stating that Mr. Tannen 1 s neighbor, Barry Beil, is in
violation of the dock permit issued to him by the Trustees
and requesting that steps be taken to see that Mr. Beil
complies with the permit. John Wourgola will reply.
Joseph Hurley/Suffolk County Dept. of Public Works:
Letter concerning the replacement of Beaver Dam Creek
Bridge and the disposition of stormwater discharge.

William Masterson/Highway Dept. will be given a copy of

-406-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
the Trustee permit and the plans submitted by the County.
H. Laurence Bogert: Letter stating that the channel
connecting Burnett's Cove & Creek to Mecox Bay has
completely closed and requesting that the Trustees correct
the problem.
Mario Fernandez, Dean Speir/WHB Village Zoning Board
of Appeals, cc: Trustees, Letter expressing outrage at
the construction of a large dock in Quantuck ~ Bay by his
Dune Road neighbors, Mark & Renay Freedman.
us Army Corps of Engineers: Public Notice re:
installation of shellfish racks in Shinnecock Bay by
applicant Charles Seaman. Letter of no objection will be
sent due to activity taking place on private, man-made
bottom.
Kenneth Thommen: Notice of Public Hearing re:
amending Chapter 111-30 (Beaches and waterways) of the
Town Code regarding permits.
Stephen Dodge: Letter complaining about illegal
operation of jet skis on weekends near the beach on Tiana
Bay between Elder Avenue and West Point. Edward warner
will ask John Andersen to check into the matter.
John Wourgola, Diane Smith/Governor's Counsels Office,
State Capitol, cc: Trustees, re: Senate Bill
3436/Assembly Bill 5315. Letter advising that the
Trustees are strenuously opposed to the referenced bill to
the extent that the bill proposes to authorize the

Incorporated Village of North Haven to exercise

-407-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
jurisdiction over Trustee owned bottom with respect to the
construction of docks, moorings, etc.
Thomas Thor sen: Reply to request for professional
assistance regarding the Lobster Inn application.
Les Trafford, III/Southampton Town Baymen's
Association: Letter requesting that the Trustees not
discuss anything related to their work unless there is a
Bayrnen •·s Association representative present.
Jeff Jones: Request for Trustees to dredge the
entrance to Burnett's Creek.
Kevin Spingler/Stony Brook School: Request for
temporary scie·nce education permit to seine an area of
Shinnecock Bay with group of students. A temporary summer
permit will be issued to Mr. Spingler.
Other correspondence not read was noted.
A motion was made by William Bennett, seconded by Paul
Parash, and duly carried to pay for the following out of
the Trustees' Special Account:
1. Riverhead Building Old Fort Pond dock $458.89

2. Richard Farrell refund/dock fees $156.00

3. Irene Frintzilas office help $427.00

4. Thomas Guinan, CPA accounting services $300.00

5. Richard Michel refund/dock fees $ 40.00

6. Scavin Insurance Agency bond fees $287.50

William Bennett said he received a 120 page "Draft


Policy and Generic Environmental Impact Statement on
Management of Shellfish in Uncertified Areas Program"

-408-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
which will be left in the office for the other Trustees to
read.
Paul Parash said that Dick Zimmer reported a problem
on Millstone Brook Road regarding the swamp draining into
the canal.
Moon Vahradian said that Artie Smith asked him about
having the maintenance men clean the drain on Lower Seven
Pond Road. He also asked the Trustees some questions
about the brown tide. After a lengthy discussion, Mr.
Warner said he plans to write to the Suffolk County Health
Department and have them check out the sewer plant in
Riverhead.
Edward warner read the following Bay Constable report:
The dredging project at the Bull Head Yacht Club has
been completed by Cow Bay Marine Services and I was asked
by Trustee Warner to take soundings of the project. As
you know a problem exists with this job. I recommended to
Trustee Warner to !;lave an engineer do same, as the yacht
club is not satisfied with the job.
Attached is a report from Bay Constable Kohnken
regarding the pipe, float and beach erosion caused by the
dredging, also a copy of the DEC violations. I recommend
a phone call and a letter to the cow Bay Company to
restore the beach and dune and to remove of all the pipe
within 15 days, or it will be removed by the Town at their
expense.

The report from Inter-Science to the DEC regarding the

-409-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
dredging project at Hayground Cove (Wading Place) is
done. I would like to read the report. I also reconunend
the Trustees write a strong letter to the DEC in support
of this project, as this will be the last time a spoil
site will be this close to the channel. Also, if it not
done the cove will turn into a collection basin for road
runoff and all property runoff around the pond. As for
the polluting of Mecox Bay by this project, Mecox Bay has
been closed to shellfishing for years and who knows when
it will ever be opened. The inlet, however, has been
opened by the Trustees at l.east 8 to 10 time a year and
the condition of Mecox Bay has improved to where you can
see the bottom, but still the Bay will not be open to
shellfishing so any pollutiOn from Hayground Cove will end
up flushing out through the inlet.·
Please do not forget the records held by David
Gilmartin in regards to the project his father .worked on.
I am having the maintenance men build 11 sets of new
ladders for all the Town docks, as most need replacing.
The repairable ladders will be used as spares.
Edward Warner said he spoke to Buddy Burnett regarding
the dredging of the channel into Burnett 1 s Cove and Mr ~
Burnett gave the Trustees permission to use his property
as a spoil site. He said he also spoke to Tom Samuels of
Rambo who told him that Clifford Parker would pay the
$1,600. dredging fee if the Trustees would pay the

$800-$900 cart away fee. Mr. Warner went on to say that

-410-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
the Trustees should look into dredging the mouth of

Hubbard's Creek, and also get a price from Rambo on


dredging the entrance to Channel Pond.
Edward Warner asked Moon Vahradian to work with
1
William Bennett regarding stocking the Town s freshwater

ponds with fish.


Mr. Warner went on to say that he received the first
quarterly statement for 1991 from the Trustees' certified
public accountant, Thomas Guinan, and it was on file if
any of the Trustees were interested in looking at the
report.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 59431 is issued to Ernest H. Spellman, agent
for ALEX TALLARICO, Bluff Point Road, Sag Harbor, to
construct a 3' x 16' walkway (4' above grade) and 5' x 16 1
floating dock.
Project is located on owner's property off Upper Sag
Harbor Cove, as per application and survey submitted.
PERMIT NO. 59441 is issued to DOROTHY HLAWITSCHKA, 33
Tarpon Road, East Quogue, to reface 75 l.f. plus two {2)
6' returns of existing timber bulkheading.
The following special conditions apply:
L Filter cloth backing is to be installed on the
-411-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
inside of the new bulkhead.ing to prevent sedimentation
through the wa 11.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is looated on owner's property on dug lagoon off
Shinnecock Bay, as per application and survey submitted.
PERMIT NO. 5945: is issued to En-Consultants, Inc., agent
for GARY TWEED, RR:ft3, 7 Robertson Drive, North Haven, to
extend Permit No. 5780 for one year to construct a timber
dock consisting of 4' x 90' catwalk (4' above grade)~
continuous with 6' x 96' fixed dock (e-w); 6' x 32' angled
fixed -section: 6' x 32' fixed (n-s) section~ with 5' x 32'
stepdown platform. Install a 3-pile dolphin approximately
30' east of stepdown platform.
Project is located on owner's property off Noyac Bay, as
per application and survey submitted.
PERMIT NO. 5946: is issued to RICHARD C. MICHEL, 46
Hunt~ngton Laneu Flanders, to construct a timber dock
consisting of 4~ x 50' catwalk (4' above grade)~ 3' x 10'
ramp1 6' x 40' floating dock and (4) tie off poles.
SPECIAL CONDITION: WIDTH OF FLOATING DOCK NOT TO EXCEED
SIX FEET.
Project is located on owner's property off Reeves Bay, as
per application and survey submitted.
PERMIT NO. -5947: is issued to Kevin E. CasSidy, agent for
ELIZABETa CASSIDY, 20 Koral Drive, Shinnecock .Hills,
Southampton, to reface 140 l.f. of deteriorated
bulkheading including a boat slip&
The following special conditions applyg
1. Filter cloth backing is to be installed on the
inside of the new bulkheadLng to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of
disturbed soil.s behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall~
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.·
Project is located on owner's property off Middle Pond, as
per application and survey submitted.
PERMIT N"O. 5948: is issued to En•Consultants, Inc., agent
for MARY HANISCH, One Peconic Road, Hampton Bays, to
replace (in place) 200 l.f. (plus 10' return on north
side) of existing timber bulkhead. Remove and replace
-412-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
steps on easterly lot; erect new 4' x 4' platform and
steps on west lot. The following special conditions apply:
1. Steps on beach shall not extend further than 3'
seaward of retaining wall. If any of the retaining wall,
bulkhead, staircase should exist on a Trustees' right of
way known as Shinnecock Beach Road and, in the future, the
public demands restoration of this road the retaining
wall, bulkhead, staircase will have to be removed.
2. Filter cloth backing is to be in~talled on the
inside of the new bulkheading to prevent sedimentation
through the wall.
3. To binder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5949: is issued to SAMUEL M. GARBER, 120
Newtown Road, Hampton Bays, to relocate existing concrete
rubble rip-rap (now on beach seaward of existing bulkhead)
landward against bulkhead to function as toe armor.
SPECIAL CONDITION:
All work must be done under the supervision of Trustee
Edward Warner or Bay Constable Kenneth Malone. Call
283-6000, ext. 259.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.

~~~~EN~~~Li~s~ issued to En-Consultants, Inc., agent


r , 30 Oak Lane 1 Hampton Bays, to
construct a 4' x 4' fixed platform off existing bulkhead~
a 3' x 14' hinged ramp; and (2) 6' x 12' floating docks
secured by (2) 8" diameter pilings.
Project is located on owners property on lagoon off Smith
Creek, as per application and survey submitted.
PERMIT NO. 5951: is issued to En-Consultants, Inc, agent
for POINT HOUSE CONDOMINIUM, Apaucuck Point Lane,
Westhampton, to construct a 4' x 25 1 section of fixed
elevated (4' above grade minimum) walkway and add to
existing dock in order to reach deeper water~
Accordingly, floats and pilings will be relocated further
east.
Project is located on owner• s property off Moriches Bay,
as per application and survey submitted.

~~%j~~~~~~ ,}is issued to En-consultants, Inc., agent


-£ 1 , Exchange Place, Westhampton Beach, to
replace (within 18") 120 l.f. (plus a 23' return on south
side) of existing timber bulkhead. Bulkheading in boat
slip will remain as is.
-413-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
The following special conditions apply:
1. Filter cloth baCking is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Quantuck Bay,
as per application and survey submitted.
PERMIT NO. 5953: is issued to En-cOnsultants, Inc., agent
for· JERROLD GERTZ, 198 Dune Road, Westhampton Beach, to
maintenance dredge within 25' x 16' boat slip to maximum
depth of 4' below MLW.
be trucked off property to sui table
spa site.
Project is located on owner's property off M~neybogue Bay,
as per application and survey submitted.

~
~~~~t; is issued to JOHN J. & FRANCINE A.
ig.mie•re Drive; southampton, to construct
laf. of new upland retaining wall (above
line) with 10' return on west end.
Project is located on owner's property off Wooley Pond, as
per application and survey submitted.

PERMITS HELD

An application for permit· from En-Consultants, Ince,


agent for Jean and Toni Goutal, David's Lane South, Water
Mill, to construct a walkway and dock was placed on hold
pending an inspection of the site.
An application for permit from So-Consultants, Inc.,
agent for John c. Belo, Jr., Oak Grove Road, North Sea, to
obtain a permit for an existing dock structure was placed
on hold until the existing floating dock is reduced to the
maxinmm width of 6' allowed by the Board.

MOORING PERMITS ISSUED

PERMIT NO. 91-148 is issued to WILLIAM SPINK, 1092


Millstone Road, Southampton, to piace two wooden stakes
for a rowboat at the end of Maple Lane in Noyac Creek,
under the direction of Bay Constable Christopher Kohnken.
NOTE: CONTACT BAY CONSTABLE FOR NEW LOCATION IN 1992.

-414-
{Continued, July 15, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-149 is issued to EDWARD SHEA, 3 Edgewood
Road, Quoque, to place a 75 lbs. mushroom anchor mooring
and buoy for a 20 1 Cruisers ''My Way" {Reg. No. NY 4519
PC) , in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.

PERMIT NO. 91-150 is issued to RALPH NATHAN, 730 Dune


Road, Westhampton, to place a 200 lbs. mushroom anchor
mooring and buoy for a 22 1 Baja "Two Friends" (Reg. No. NY
9073 JS), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.

PERMIT NO. 91-151 is issued to JOHN P. MALONEY, 15 Mineola


Court, Hampton Bays, to place a 75 lbs. mushroom anchor
mooring and buoy for a 15' AMF Sunbird sailboat, in Tiana
Bay, under the direction of Bay Constable stuart Rose.
PERMIT NO. 91-152 is issued to MICHAEL J. SARG, Dune Road,
East Quogue, to place a 50 1bs. mushroom anchor mooring
and buoy for a 14'4" Wahoo (Reg. No. NY 4116 JT), in
Shinnecock Bay, under the direction of Bay Constable
Stuart Rose.
PERMIT NO. 91-153 is issued to GEORGE S. PAPPAS, 3 Marinea
Place, Hampton Bays, to place a 75 lbs. mushroom anchor
mooring and buoy for a 16 1 Galaxy (Reg. No. NY 1734 FB),
in Tiana Bay, under the direction of Bay Constable Stuart
Rose.
PERMIT NO. 91-154 is issued to PHII.IP T. KAPLAN, East
Drive, North Haven, Sag Harbor, to place a 50 1bs.
mushroom anchor mooring and buoy for a 14' day sailer, in
Genet Creek, under the direction of Bay Constable
Christopher Kohnken.
Pl!:RMIT NO. 91-155 is issued to DAVID FETTERS, 903 Dune
Road, Westhampton Beach, to place a 75 lbs. mushroom
anchor mooring and buoy for a 15 1 Glassmaster (Reg. No. GA
0514 NN), in Moriches Bay, under the direction of Bay
Constable Ted Sadleir.
PERMIT NO. 91-156 is issued to JEFFREY S. HENSLEY, 127 Oak
Avenue, Flanders, to place a 75 lbs. mushroom anchor
mooring and buoy for a 19' Sail Star outboard (Reg. No. NY
6051 BM), in Birch Creek, under the direction of Bay
Constable Kenneth Malone.
PERMIT NO. 91-157 is issued to WILLIAM SCHACHTER, 35 Tiana
Circle, Hampton Bays, to place a 75 lbs. mushroom anchor
mooring and buoy for a 15' MFG fiberglass outboard ''One
In A M11lion 11 (Reg. No. NY 4523 D'l'), in Tiana Bay, under
the direction of Bay Constable Stuart Rose.

-415-
(Continued, July 15, 1991, BOARD OF TRUSTEES)
PERMIT NO. 91-61 is issued to RIVERHEAD ESTATES CIVIC
ASSOCIATION, Reeves Bay Trail, Flanders, to· add to current
permit, to place one (1) 75 lbs. mushroom anchor mooring
and buoy in Silverbrook Creek (off Reeves Bay), under the
direction of Bay Constable Kenneth Malone.
NOTE: Each moor.ing must be placed exactly where indicated
on attached chart. Number assigned by Bay Constable must
be clearly indicated on each buoy in addition to R.E.C.A.
number.
PERMIT NO. 91-62 is issued to NOYAC MARINA, INC., 51 Pine
Neck Avenue, Sag Harbor, to add to current permit, two (2)
150 lbs. mushroom anchor moorings and buoys for commercial
use, in Mill Creek, Noyac, under the direction of Bay
Constable ChristOpher Kohnken.

TEMPORARY-MOORING PERMITS ISSUED


PERMIT NO. T9l-16 is issued to JOHN H. KRAFICK, 901 Dune
Road, Westhampton Beach, to plaqe a 100 lbs. mushroom
anchor mooring and buoy for a 19' Larson (Reg. No. CT 8228
AK), in Moriches Bay, under the direction of Bay Constable
Ted Sad lei r.
PERMIT NO. T91-l7 is issued to ANTHONY GRIMALDI, 6 Canal
Road, Hampton Bays, to place a 150 lbs. mushroom and
anchor mooring and buoy for a 17' Boston Whaler (Reg. No.
NY 3314 GJ), in Middle Pond, under the direction of Bay
Constable Dale Petruska.

-416-
AUGUST 5, 1991

THE REGU~AR MEETING OF THE BOARD OF TRUS'rEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,


N.Y. WAS HELD AT TOWN HALL ON MONDAY, AUGUST 5, 1991, AT l

P.M.

PRESENT WERE: President, Edward J. Warner~ Trustees


William H. Bennett, Paul W. Parash, Patrick A. Heaney and
Mardooni Vahradian.
The minutes of the regular meeting of July 15, 1991,

were read, amended, and approved as amended.


Peter Corwith was present to ask if the Trustees have
any access to Crooked Pond located in the Long Pond
Greenbelt and was told by Mr. Warner that he could gain
access to the pond from the old railroad tracks as the MTA
right of way is owned by the Town.
James Walker of Inte:.:-science was present to ask the
Trustees if they would send a letter to the NYSDEC in
support of the dredging of the inlet to Hayground Cove
proposed by his.· client, Cliff Robertson. He said that his
firm has already sent the DEC a 123 page report addressing
all of their concerns and, in addition, Mr. Robertson also
submitted an Environmental Impact Statement with them.
Edward Warner said the DEC is concerned that the sludge
from the cove's condemned bottom will further pollute
Mecox Bay if the inlet is opened. John Andersen said he
spoke to various baymen and people who live around Mecox

-417-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
and showed pictures to the Trustees as proof that another
inlet is being formed. He said he discussed the Trustees'
rights with Judge Ted Sharretts regarding the Laws of 1818
and 1831 and found that the Trustees could serve the DEC
with an Article 78 and go ahead and dredge the inlet
without their approval. After much discussion, the
Trustees unanimously voted in favor of sending a strong
letter in support of the project to Robert Thurber, Senior
Environmental Analyst at the NYSDEC.
John Andersen brought in pictures of the Towd Point
dock showing the erosion that has taken place there. He
also asked the Board if, in the Fall when he has some
time, he coul.d go through the Trustees• files down in
archives and have copies made of old maps before they
completely fall apart. Edward . Warner said he would
discuss the costs involved with Mr. Andersen.
Roy Haje of En-Consultants was present to discuss the
dredging permit issued to Jerrold Gertz.. He brought in
samples of the dredged spoil to show it was clean and
asked the Trustees to amend their Permit No. 5953 to
eliminate the special condition so that the dredged spoil
could be used as backfill behind his client 1 s bulkhead.
After inspecting the various samples, William Bennett
approved using the dredged spoil and the permit will be so
noted.
Fifteen {15) Applications for permit were approved.
One (1) Application for permit was denied.

-418-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
Nine (9) Mooring permits were approved.
One (1) Temporary mooring permit was approved.
Two (2) Pot permits were approved.
One (1) Gill Net permit was approved.
CORRESPONDENCE:
Robert Thurber/NYSDEC, James Walker/Inter-science,
cc: Trustees: Request for additional information
regarding the dredging of Hayground Cove inlet.
Thomas Knobel/East Hampton Trustee: Request for
information concerning the organizing of shellfish
projects and how they are administered. A letter will be
written detailing the Transplant and Purchasing Programs
established by the Southampton Trustees.
Susan Ackerman/NYSDEC: Notice of Complete Application
for County Wide Permit for maintenance and new
construction of mosquito control ditches within the
regulated tidal wetland areas of Suffolk County.
Roy Haje/En-Consultants, Robert Thurber/NYSDEC, co:
Trustees: Revised work plan for Raymond Nessim s 1
newly
constructed bulkhead and a request to amend DEC permit.
Parks & Recreation Dept: Copy of Special Event permit
issued to Sailways Southampton for windsurfing regatta at
Long Beach, Noyac.
Parks & Recreation Dept: Copy of Group Picnic permit
issued to Hampton Bays Fire Department for annual picnic
at West Landing Road, Hampton Bays.
us Army Corps of Engineers: Copy of Public Notice re:

-419-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
Beach Erosion and Hurricane Project showing proposed
Westhampton area site. The expected source of sand for
this project would be borrow sites located offshore of the
beach area in the Atlantic Ocean.
Robert Thurber/NYSDEC,Steve Latham, cc: Trustees:
Letter setting date for meetings regarding Moss (rip-rap)
and Robertson (dredging) proposals submitted to the DEC.
A Full Board Site Inspection at Mecox was scheduled for
after today•s meeting.
James Walker/Inter-Science: Letter requesting the
Trustees to consider drafting a letter to the NYSDEC
stating their support of the Hayground Inlet dredging
project.
Jack Regan/Sailways Southampton: Request for a Bay
Constable to assist in the safety precautions re:
windsurfing regatta at the sailing area at Long Beach,
Noyac.
Richard DePetris, John Wourgola, cc: Trustees: Re:
use of the ocean beach by vehicles. Copy of Local Law No.
4 of 1991, as revised by the Quogue Village Board of
Trustees and in its final form together with a request
that the Town Trustees authorize and consent to the
provisions contained therein.
Rosalind Schwartz: Letter of thanks for passing a
resolution permitting co-operative owners to obtain
various 'l'rustee permits.

Keith Kammerer: Copy of letter from the DEC re:

-420-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
Shellfish Sanitation Prgram. DEC is expanding its
regulatory jurisdiction by subjecting shellfish areas to
closure by proximity to private mooring areas.
NYSDEC: Notice of Shellfish Advisory Committee
Meeting to review what is known about the effects of both
Brown Tide and worm infestation on the survival/growth and
the reproductive success of bay scallops and to discuss
postponing the opening of the upcoming 1991 season.
John Hartmann/US Army Corps of Engineers: Survey of
L.I. Intracoastal Waterway from Moriches Inlet to
Shinnecock Canal and letter regarding the proposed
maintenance dredging of same during 1992 and 1993.
A motion was made by Patrick Heaney, seconded by Paul
Par ash, and duly carried to pay for the following bills
out of the Trustees' Special Account:
1. Irene Frintzilas office help $ 717.50

2. Carol O'Gara office work $ 697.32

3. Martin Weiss refund/mooring fees $ 25.00

4. East End Blueprint copies/map $ 13.44

William Bennett said he will ask the maintenance men


to immediately put up freshwater signs on any Town road
leading to a freshwater pond. He said he plans to order,
for delivery at the end of September, $2,500. worth of
freshwater fish in order to stock the various Town ponds.
Paul Parash said he inspected the dug canal off of
Millstone Brook Road. He said that runoff from the

freshwater wetlands across the road travels through a big

-421-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
heavy rain pipe into the canal. The water is eddying
outside of the private Canal thus causing the sand to
block off their canal entrance. He said he told the
homeowners to apply for a permit to dredge.
Moon Vahradian asked the Trustees some questions about
seaplanes lahding and discharging passengers near Munns
Point.
Edward Warner read the following Bay Constable
report: Copies of Shinneoock Hills Amended Map A in
Trustee office. Original back in archives.
Maintenance put a fence around a hole behind Tire
Craft in Riverhead. I contacted Suffolk County as l

checked and found that they are the owflers.


County dredge at Red Creek. Channel Pond and
Burnett 1 s Cove, Mecox are both dOne. Pile of sand still
at Channel Pond needs to be spread. Could Ed call Buddy
Burnett and ask him to do same as he said be would take
care of it.
Towd Point dock has caved in on the corner and needs
to be repaired, not just filled in. Chris put a fence
around hole, which is over six feet.
Rock jetties are being added to on Shinnecock Beach
Road, west of where the swans are. Trustees should send
letters to the owners.
Spoke to Steve Dodge on Sunday, August 4th. The
matter of illegal operation of jetskis on Tiana Bay had

been taken care of on July 7, on the complaint of Mr. &

Mrs. Dornfield.
-422-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
Mr. Warner reported that the Towd Point bulkhead blew
out and that Tom Samuels finished dredging the entrance to
Channel Pond. He went on to say that he and Trustee
Heaney met with Aram Terchunian at Fish Cove and were
interviewed about the success of the project regarding the
installation of catch basins for road runoff at Fish Cove.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 5955 is issued to Carol A. Fe ret, agent for
MARGARET OSWALD, 50 Little Neck Road, southampton, to
construct a 4' x 16' dock.
Project is located on owner's property off 010. Fort Pond,
as per application and survey submitted.
PERMIT NO.. 5956 is issued to BONNIE & MICHAEL HASELKORN,
57 West End Avenue, East Quogue, to construct a 4' x 10'
catwalk, 4' x 10' ramp and a 6' x 20' floating dock off
existing bulkhead.
Project is located on owner's property off Daves Creek, as
per application and survey submitted.
PERMIT NO. 5957 is issued to En-Consultants, I neG, agent
for WATERS EDGE CIVIC ASSOCIATION, 162 Temple Avenue,
Riverhead, to install four {4) brush jetties of following
lengths (from west to east) 60 feet, 75 feet, 100 feet and
60 feet.
SPECIAL CONDITION:
Jetties will be pre-filled with clean sand to be trucked
in from upland site.
Project is located on owner's property off Flanders Bay,
as per application and survey submitted.

-423-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
PERMIT NO. 5958 is issued to En-Consultants, Inc., agent
for RAYMOND NESSIM, Club Lane, Remsenburg, to remove a 20'
section of existing bulkhead fronting on Moriches Bay and
recreate in-kind, in-place reconstruction of the three 20'
bulkheaded east, north and west walls of former sloped
sand ramp on right-of-way. Approximately 30 c.y. of
backfill to be removed to an off-site upland location.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5959 is issued to Land Use Company, agent for
MARVIN SIMES, Pine Tree Lane, Westhampton, to renew Permit
No. 5681 to construct a 30' x 40' boat slip landward of
existing bulkhead and to construct 110' 1. f. of timber
bulkheading around new boat slip.
The following special conditions apply:
l. 30' section of old bulkhead fronting on Moriches Bay
will remain in place while bulkheaded boat slip is being
constructed.
2. Filter cloth backing is to be installed on the inside
of the new boat slip bulkheading to prevent sedimentation
through the walls.
3. The approximate 300 c.y. of dredged spoil is to be
removed off property to suitable disposal site.
4. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wallsQ
5. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new btilkheading.
6. Inspection by Trustee William Bennett must be made
prior to backfilling-.
Project is located on owner's property off Moriches Bay,
as per application and survey submittedQ

~~!l.~~iJ~ is issued to En-Consultants, Inc., ·agent


f 1Z/ILC>N_E, South Beach Road, southampton, to
1
construct a 4 x 154' fixed dock (16' sectiori of the figed
dock will be approximately 2' lower than the remainder of
the structure to create a loading platform) and to install
two ( 3) pile ice breaker dolphins at the southerly end of
the dock and two sets of (2) mooring pilings 15' off the
southerly end of the dock.
Project is located on owner's property off Shinnecock Bay 6
as per application and survey submitted.
PE:aMIT NO. 5961 is issued to Land Use Company, agent for
MARVIN SIMES, Sandpiper Court, westhampton to construct
164 l.f. of timber bulkhead landward of the Tidal Wetlands
Line.
The following special conditions apply:
1. Filter cloth backing is to be installed on the

-424-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
Qermitted. No organic top soils are to be placed along
the 1nside of the new bulkhead.
Project is located on owner 1 s property on a dug lagoon off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 5962 is issued to En-Consultants, Inc., agent
for JOHN BURNS, 28 Sunset Avenue, East Quogue to reface
143.5 l.f. of existing timber bulkheading around boat
slip. Construct a 4' x 73.5' walkway around west side of
boat slip, a 3' x 12' hinged ramp and two (2) 6' x 20'
floating docks. Install two (2) mooring pilings on south
wall of slip for use with boat davits. To dredge within
boat slip an area 5' x 34' to maximum depth of 3' below
MLW and to add approximately 1 c.y. of 6"-12" stone
rip-rap with filter base on s/e corner of bulkhead to
prevent erosion.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only olean sand or gravel will be
permitted. No organic top so~ls are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Phillips Creek,
as per application and survey submitted.
PERMIT NO. 5963 is issued to En-Consultants, Inc., agent
for IAN GALE, Castle View Court, Westhampton, to construct
a 10' x 16' seasonal boat ramp; a 3' x 12' hinged ramp and
6' x 20' floating dock secured by (2) 8" diameter pilings
off bulkhead.
Project is located on owner's property off Beaver Dam
Creek, as per application and survey submitted.

~~~uf~~L;i;.•~~i~s~Hsued to Alison Marine, as agent for


:.~: TAYLOR, 13 Duck Point Road,
Remsenburg, to reconstruct a 4' x 40' fixed dock off
bulkhead secured by 8" diameter pilings.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.

-425-
(Continued, August 5, 1991, BOARD OF TRUSTEES)

"';-;-'-aij~'t~f"Rrics~ ,;l··~•;;sued to Harbor Marine Construction,


c 8 and DIANA BRENNAN, Ambleside Lane,
to amend Permit No. 5891 to include the
constructlon ·Of a 4' x 10' landward dock extension (with
stairs) to the previously approved 4' x 30·' fixed dock.
Project is located on owner's property off Sams Creek, as
per application and survey submitted.
PERMIT NO. 5966 is issued to Whelan Marine Construction,
Inc., agent -for JAMES c. BOLDT, Bluff Point Road, Sag
Harbor, to reconstruct (in kind/in place) 75 l.f. of
timber bulkheading, a S' x 50' fixed dock and to install
four (4) ·tie-off poles.
The following special conditions apply:
1. Filter cloth baCking is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below .the finished height of the wall.
3. Should lt be deemed necessa-ry to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Upper Sag
Harbor Covet as per application and survey submitted.
PERMIT NOo 5967 is· issued to MARIANNE BOULTON, 530 Flying
Po~nt Road, Water Mill, to obtain a permit for
pre-existing dock structure consisting of a 3' x 19'
section and a B' x 10 1/2' section.
Project is located on .ow.n~r s property off Burnett Creek,
1

as per application and survey submitted.


PERM-IT NO. 5968 is iss·ued to DOREEN and GILBERT BASSIN,
Rosewoode Lane, Water Mill, to obtain a permit for a
pre-existing dock ·structure consisting of a 3' x 30' fixed
dock and a 5' x 10' floating dock.
Project is located on owner 1 s property off Hayground Bay,
as per application and survey submitted.
PERMIT NO. 5969 is issued to En-Consultants, Inc.; agent
for JEAN & TONI GOUTAL, David's Lane South, Water Mill, to
construct a 4' x 10' fixed (3.5' above grade) walk, a 3.5 1
x 14 1 hinged ramp and a 6' x 20' floating dock secured by
(2) 8 11 diameter pilings .•
SPECIAL CONDITION: WIDTH OF FLOATING DOCK NOT TO EXCEED
SIX' FEET.
Project is located on owner's property off Mud creek, as
per application and survey submitted.

-426-
(Continued, August 5, 1991, BOARD OF TRUSTEES)
PERMITS DENIED
An application for permit from En-Consultants, Inc.,
agent for VAN GREENFIELD, Beach Road, Southampton, to
construct a 6 1 x 18 1 seasonal swim float in Shinnecock Bay
was denied without prejuidice due to the applicant not
owning upland property adjacent to the waters of
Shinnecock Bay where he intended to put his dock.

MOORING PERMITS ISSUED


PERMIT NO. 91-158 is issued to ANNETTE CANNARIATO, 11
Shinnecock Road, East Quoque, to place a 100 lbs. mushroom
anchor mooring and buoy for a 20' Grady White (Reg. No. NY
1983 PF), in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.
PERMIT NO. 91-159 is issued to RICHARD KAMINESTER, 106
Harbor Road, Westhampton Beach, to place a 75 lbs.
mushroom anchor mooring and buoy for a 19 1 Flying Scott
sailboat 11 Wave Dancer", in Moriches Bay, under the
direction of Bay Constable Ted Sadleir.
PERMIT NO. 91-160 is issued to PAT ABATANGELO, 34
Woodridge Road, Hampton Bays, to place a SO lbs. mushroom
anchor mooring and buoy for a 16' Hobie Catamaran, in Red
Creek Pond-, under the direction of Bay Constable Kenneth
Malone.
PERMIT NO. 91-161 is issued to THOMAS SCHELLINGER, 106
Henry Road, Southampton, to place a 100 lbs. mushroom
anchor mooring and buoy for a 28 1 Chriscraft (Reg. No. NY
1870 DF), in North sea Harbor, under the direction of Bay
Constable Christopher Kohnken.
PERMIT NO. 91-162 is issued to RAYMOND P. LeCANN, 35
Walker Avenue, East Quogue, to place a 150 lbs. mushroom
anchor mooring and buoy for a 22 1 Century Coronado (Reg.
No. NY 8625 DH), in Shinnecock Bay, under the direction of
Bay Constable Stuart Rose.
PERMIT NO. 91-163 is issued to DANIEL ABATELLI, 9 Shawnee
Street, Hampton Bays, to place a 50 lbs. mushroom anchor
mooring and buoy for a 15 1 Westwind 11 Wheeler Dealer 11 (Reg.
No. NY 0275 HW), in Shinnecock Bay, under the direction of
Bay Constable Dale Petruska.
PERMIT NO. 91-164 is issued to EDWARD V. ANDERSON, 336
East Montauk Highway, Shinnecock Hills, Hampton Bays, to
place a wooden stake mooring with pulley type retrieving
line, for a 13 1 Sears Aluminum boat (Reg. No. NY 2460 GJ),
in Shinnecock Bay, under the direction of Bay Constable
Dale Petruska.
-427-
(Continued, August 5, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-165 is issued to EDWARD V. ANDERSON, 336


East Montauk. Highway, Shinnecock Hills, Hampton Bays, to
place a 75 lbs. mushroom anchor mooring and buoy for a 13'
Sunfish Alcort sailboat, in Shinnecock Bay, Hampton Bays,
under the direction of Bay Constable Dale Petruska.

PERMIT NO. 91-166 is issued to EDWARD V. ANDERSON, 336


East Montauk Highway, Sbinnecock Hills, Hampton Bays, to
place a 150 lbs. mushroom anchor mooring and buoy for a 8'
x 14' swimming float, in Shinnecock Bay, under the
direction of Bay Constable Dale Pe·truska.

TEMPORARY MOORING PERMITS ISSUED


PERMIT NO. T91' ... 18 is issued to MARTIN WEISS, 858 Dune
Road, Westhampton Beach, to place a 100 1bs. mushroom
anchor mooring and buoy for a 19' We1lcraft "Playmate"
(Reg. No. NY 6326 JW), in Moriches Bay, under the
direction of Bay Constable Ted Sadleir.

POT PSRM.ITS ISSUED

PERMIT NO. PT36 is issued to ALEX PG MISUCAVECH, 11 Circle


Place, Speonk, to place pots on Trustees' bottom in Town
of Southampton waters for· 1991.

PERMIT NO. PT37 is issued to HOWARD F. SMITH, III, 39


Atlantic Avenue, Hampton Bays, to place pots on Trustees'
bottom in Town of southampton waters for 1991.

GILL NET PERMITS ISSUED


PERMIT NO. GN4 is issued to HOWARD F. SMITH, III, 39
Atlantic Avenue, Hampton Bays, to place gill nets in
Shinnecock Bay and Tiana Bay for 1991.
AUGUST 21, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON WEDNESDAY, AUGUST 21, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul w. Parash, Patrick A. Heaney and
Mardooni Vahradian.
The minutes of the regular meeting of August 5, 1991,
were read, amended, and approved as amended.

Peter Enstein was present, together with a group of


seven members of the Bullhead Yacht Club, to ask the
Trustees why their boat moorings have to be pulled out of
the water each year. He said his anchor wei-ghs 600 lbs.
and it is quite expensive to have it pulled each fall and
put back in the spring. A_lso, he said the mooring anchors
never have a chance to become embedded in the sand due to
pulling them out every year so, during the recent
hurricane, the anchors were pulled along the bottom. They

would like to be able to leave tbeir buoys and anchors in


the water for 3 or 4 years. William Bennett said that,
during the winter, ice will drag even a 500 lb. anchor
around and unless the chain is very thick, it will break.
He said, if the Trustees change their rules, they would

have to set the thickness of the chain used on the


moorings. Edward warner said the Trustees will get

-429-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
together in the fall to discuss the matter with the Bay

Constables.
T"en (10) Applications for permit were approved.
One (1) Applications for permit was held.
Three (3) Mooring permits were approved.
One (1) Temporary Mooring permit was approved.

CORRESPONDENCE:

William Hastback/NYSDEC: Request for list of areas


Trustees would like to have included in D:EC'·s evaluations
to determine their suitability for "Conditional

shellfishing programs'·' during the 1991-1992 condi tiona!

harvest season. A letter will be sent listing (1)

Flanders Bay, Goose Creek, Birch Creek, Mill Creek, (2)

North Sea Harbor, Fish CoVe; (3) Cedar Cove in Moriches

Bay.
Letters supporting the dredging of Hayground Inlet

were received from the following Mecox/Hayground

residents: Helen & Harris Barer, Alan H. Levine, Virginia


& Mark :Ewald, Iris & Richard Abrons, Richard c. Conrad,
Cliff Robertson, P. James Riordan, Dr. & Mrs. Giles Forman
and Guy Lewis Reigler, Jr.;
Roy Haj'e/En-Consultants: Letter requesting extension
to the August 15th deadline for reconstruction of the ramp
at Raymond Nessim 1 s property, Club Lane, Remsenburg. A
letter will be written extending the Trustees' deadline

until October 1, 1991.


Invitation from North Haven Village Board of Trustees

-430-
(Continued, August 21, 1991, BOARD OF TRUS~EES)

to attend an open house celebrating the completion of its


Village Hall on August 25th. No Trustees will attend.
Michael Corey/NYSDEC, Tom Panasci/Inter-Science, cc:
Trustees: Request for additional information re: George
Tolffsen/Lobster Inn application for permit.
James Squires: Letter complaining about a mud hole
off the Red Creek Pond ramp his boat trailer wheels fell
into that he thinks was created by a bayman using power to
blow steamer clams from the bottom.
Aram Terchunian: Literature package describing First
Coastal Corp. and our Erosion Control and Coastal
Environmental Services capabilities.
Richard DePetris/Quogue Village Attorney: Request
that Trustees would authorize and consent to the
provisions contained in their Local Law No~ 4 relating to
use of the Quogue Village ocean beach by vehicles. John
Wourgola will reply.
Kenneth Thommen: Resolution to have Natural Resources
conduct a Feasibility Study for a Comprehensive
Environmental Investigation at Quantuck Bay.
William Masterson, John Johnson, cc: Trustees: Letter
stating that the Town has received permission from Little
Fresh Pond Association {Gondola Gardens) to install
drainage within their private road to minimize detrimental
runoff into the pond.
Howard McElroy/Southampton Village Clerk: Copy of

their resolution adopted August 9, 1991, and a request

-431-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
that. the Trustees adopt appropriate regulations
prohibiting the approach of seaplanes within at least one
hundred yards of the Mllnns Point Walkway. John Wourgola
will reply.
Meryl Goldin/Nature Conservancy: Request to share the
cost of producing signs for Sprig Tree Path to be placed
at various crossings in the Long Pond Greenbelt stating
t ..hat the path is closed to motorized vehicles. A motion

was made by Mardooni Vahradian, seconded by Patrick


Heaney, and duly carried to pay approximately $125.00

directly to the sign maker, Boss Signs, after the signs


are completed.
Other correspondence not read was noted.
A motion was made by Patrick Heaney, seconded by

Mardooni Vahradian, and duly carried to pay for the


following out of the Trustees 1 Special Account:
1. En-Consultants {Gale appl.) refund/overpaymt $ 10,00
2. En-Consultants (Goutal appl.)refund/overpaymt $ 30.00
3. Irene Frintzilas office help $365.75

4. Jet Set Printing 1,000 boat ramp stickers $172.40

s. En-Consultants Greenfield appl. denied $100,00

6. Jensen Marine repair of M/2 vessel $938.87

A motion was made by Mardooni Vahradian, seconded by


William Bennett, and duly carr~ed to pass the following
resolution:
WHEREAS, the brown tide and, additionally, worm
infestation, having had a devastating effect on the

-432-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
survival, growth and reproductive success of the bay
scallops, and
WHEREAS, the Shellfish Advisory Committee has
considered the problems associated with the bay scallop
and have unanimously agreed that postponing the scallop
season for approximately 3 weeks from September 16 to
October 7 would give the bay scallop a better chance of
propogating and insuring its short term and long term
survival, and
WHEREAS, this Board agrees with the findings and
conclusions of the Shellfish Advisory Committee,
NOW, THEREFORE, BE IT RESOLVED, that this Board hereby
urges the State Legislature to consider an amendment which
would allow the opening of. the scallop season be postponed
until October 7 for the calender year 1991, and
BE IT FURTHER RESOLVED, that the Secretary to this
Board is requested to forward copies of this resolution to
Governor Cuomo, Senator Kenneth LaValle, state Assemblyman
John Behan and Assemblyman Joseph Sawicki.
A motion was made by Paul Parash, seconded by Patrick
Heaney, and duly carried to pass the following resolution:
WHEREAS, the Town Trustees have previously entered
into an Ease.ment Agreement with the County of Suffolk,
which easement is recorded in the Office of the County
Clerk at Liber 11035, page 163, and
WHEREAS, the purpose of the easement was for the
dredging involved in the Shinnecock Inlet, a navigation
project, and
-433-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
WHEREAS, field conditions warrant that the easement be
modified to reflect a minor change in the alignment of the
inner channel,
NOW, THEREFORE, BE IT RESOLVED, that the 'l*rustees are
hereby authorized to enter into an "Agreement to Amend
Easement", a copy of which is annexed hereto.
A motion was made by Patrick Heaney, seconded by
Mardooni Vahradian, and duly carried to pass the following
resolution:
RESOLVED, that Article II, Section 8 of the Trustees 1
Rules and Regulations is amended to read as follows:
ARTICLE II
SECTION 8 - Soft Clams
A. No clams shall be taken from town waters between
the hours of sunset and sunrise.
B. Soft clams measuring less than one and one-half (1
1/2) inches in length shall be returned immediately to the
waters of the place where taken except for propagation
purposes in town waters, and this may be done only after a
written permit therefor has been granted by the Town
Trustees upon written application therefor, subject to the
supervision of the said Trustees or a committee thereof.
c. Method of harvestingt
The methods for taking soft clams {mya arenaria) from
Southampton town waters shall apply as follows:
{1) A resident or taxpayer who holds a valid
Southampton Town resident shellfish permit may take soft

-434-
(Continuedt August 2lt 1991, BOARD OF TRUSTEES)
clams using any of the several types of traditional
devices commonly employed for the hand digging of
shellfish.

( 2) A resident who holds a valid Southampton Town


commercial shellfish permit may hand dig for soft clams or
employ the harvesting technique commonly known as
11
churning 11 •

D. Mechanical constraints:
(1) The maximum size outboard engine used for
11
churning" shall not exceed 20 HP as rated by the
manufacturer.
(2) The traditional fra'me used to house the
outboard engine shall be the only acceptable .mounting
11
device when "churning • The frame shall be designed to
keep the propeller above underlying soils during operation.
E. Environmental protection:
(1) When hand digging or "churning" in areas
adjacent to tidal banks, edges or beach slopes vegetated
with spartina grass communities (alterniflora, patens),
harvesting may not occur closer than four (4) lineal feet
at any point from the seaward edge of the primary emergent
grass commonly known as cord grass (spartina
alterniflora). Distance shall be measured from the base
of the vertical bank, or edge or seaward side of a
vegetated slope.
(2) During periods of dormancy, this rule shall be

understood to mean that hand digging and "churning"

-435-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
methods may not occur closer than four {4) lineal feet
from the seaward edge of any unvegetated bank, edge or
beach slope composed in part or whole of organic bog like
materials and soils commonly associated with spartina
alterniflora.
(3) "Churning" over or through submergent eel
grass beds is strictly prohibited.
F. Navigation and public safety:
(1) The harvesting of soft clams by 11
churning" or
hand digging is strictly prohib~ted along the seaward face
and/or closer than fifty (50) lineal feet from the sides
of any public ramp or public access point to Southampton
town waters and other estuarine areas or within the
regulatory jurisdiction of the Southampton Town Trustees.
11
(2) Churning" closer than ten (10) lineal feet
from the lower edge of any navigable channel or passage is
prohibited.
G. Seasonal closings:
(1) The taking of soft clams (mya arenar:ia) shall
be based on the establishment of a soft clam controlled
harvest zone commencing each year on the first day of
April and ending on the fifteenth day of May.
( 2) In order to promote natural propagation and a
sustained population of soft clams (mya areanaria) in
Southampton town waters, the following town waters are
included in a controlled harvest zone and are subject to
being periodically closed to the taking of soft clams:

-436-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
Goose Creek Birch Creek
Mill Creek (Flanders) Hubbard Creek
Red Creek Pond Squire Pond
Cold Spring Pond Sebonac Creek
Little Sebonac Creek West Neck Creek
Scallop Pond North Sea Harbor
Davis Creek (North Sea) Fresh Pond
Wooley Pond Noyack Creek
Mill Creek (Noyack) Sag Harbor Cove
Patrick Heaney said he wanted to update the Trustees
on the Carter Creek maintenance dre<!ging project in East
Quogue. He said the DEC put the project on hold three
years ago after rejecting the proposed spoil site. Mr.
Heaney said he met with members of the Pinesfield
Association and they have a beach. and upland property and
are agreeable to having a portion ·of the dredged sp~il

placed in their playground area. The site is located


above MHW, 75' landward of the tidal zone and is out of
the DEC jurisdiction. Mr. Heaney said he asked Roy Haje
of En-Consultants to submit new plans to the DEC.
William Bennett reported that he ordered $2,500. worth
of 12" brown trout weighing approximately 3/4 lbs. each
from the Cold Spring Harbor Hatchery, at a cost of $4.00

per pound, to stock the various Town ponds at the end of


September.
Mr. Bennett also reported that a property owner on Big

Fresh Pond has a sign on his dock stating "keep off 100' 11

-437-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
and told three people f ishinq near his dock that he owns
100• out into the pond. A Bay Constable will be sent to
investigate the matter.
Edward Warner said he has a meeting in late September
with Chuck Hamilton· of the DEC at the site of the
Hayground Cove Inlet. He went on to say that John
Andersen did not submit a bay constable report, however,
he did report that half the trays of baby clams tipped out
of the racks during the hurricane. The rest of the baby
clams were removed from the racks and put out in Moriches
Bay. Also, Mr. Andersen reported that there are
navigational lights missing after the storm.
Mr. Warner said he received a call from Lisa
Tettlebach of the DEC and that all shellfish areas in
State waters were closed due to the hurricane. The DEC
wants to take water samples before reopening the areas~

Mr. warner reported he met with Stanley Michalowski of


the Army Corps of Engineers, New Y.ork District regarding
the maintenance dredging of the Long Island Intracoastal
Waterway proposed for 1992 and showed him various spoil
sites.
Mr. warner said he also spoke to Tom Samuels regarding
going out to bid for the Shinnecock Inlet rock jetties.
The meeting on motion was adjourned.
Re~fully submitted,

pj/¥4...:;,;1"'&.~«
William H. Bennett, Secretary

-438-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
~~~~~~2l~_fis issued to CHARLOTTE HENRY-SULLIVAN, 36
Quogue, to ref ace 75 1. f. of existing
timber •
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for
backfill. No organic top soils are to be placed along the
inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5971: is issued to PATRICIA BORRELLI, 120
Reeves Bay Trail, Flanders, to obtain a permit for an
existing dock structure consisting of a 1' x 12' catwalk,
3'6" x 16' floating dock and a 3'10 11 x 19' floating dock.
Project is located on owner's property off Reeves Bay, as
per application and survey submitted.
PERMIT NO. 5972: is CHRISTOPHER and CHARLO~TE SWEET,
Indian Run Road, East Quogue, to repair and bring into
compliance an existing 4' x 40' catwalk; to construct a 5'
x 20' floating dock and install 4 tie off poles.
Project is located on owner's property off Carter Creek,
as per application and survey submitted.
PERMIT NO. 5973: is issued to J.M.O. Consulting, agent for
STEPHEN A. CAVALLO, 182 Dune Road, Westhampton Beach, to
modify Permit No. 5908 to extend the existing 12' timber
bulkhead return located along the western property line an
additional 8'.
The special conditions listed on Permit No. 5908 app1y.
Project is located on owner's property off Moneybogue Bay,
as per application and survey submitted.
PERMIT NO. 5974: is issued to Harbor Marine Construction,
Inc., agent for ORLIDIA and ADELMO SCALEAA, 2 Seatuck
Lane, Remsenburg, to construct a 4' x 40' fixed dock and a
4' x 20' fixed walkway ( 4 • above grade) landward of
bulkhead.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.
PERMIT NO. 5975: is issued to En-Consultants, Inc., agent
for LOWAEC WATE~FRONT VENTURES 1 INC. 1 32 Lighthouse Road,
Hampton Bays, to repair (as needed) 156 l.f. of existing
bulkheads forming boat basin and to maintenance dredge to

-439-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
4' within irregular boat basin of maximum dimensions 67' x
40 1 •
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum
of four inches below the f.inished height of the wall.
3. Should it be deemed neceSsary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's proPerty off Shinnecgck Bay,
as per applic.ation and survey submitted.
is issued to WHITNE~ and HELENE B.
Neck Lane, Southampton, to install a
one horsepower "Aire ... Q2 Aerator'' in a small CO\.'e off Lake
Agawam with the expectation that the aerator will improve
the quality of the water in this small cove for the
benefit of those who border on the cove and the fish,
birds and other wildlife who frequent the cove. Aeratot;
to be moored approximately 12' from the shoreline.
Project is locateQ on o~ner's property off Lake Agawam, as
per application and survey subm~ttedo
PERMIT NO. 5977; is issued to Ernest Spellman, agent for
ALEX TALJ.,ARICO, Bluff Point Road, Sag Harbor, to amend
Permit No. 5943 to extend the length of the approved 3 1 x
16' fixed walkway another 3' x 30' landward (4' above
grade).
Project is located on owners property off Upper Sag Harbor
Cove, as per application and survey submittedo
PERMIT NO. 5978: is issued to En~Consultants, lnco 1 agen·t
for JOHN c. BELO, JRo, Oak Grove Road, North Sea, to
replace (within 18 11 ) 62 l.f. of existing concrete bulkhead
with timber bulkhead. Return on n/s will be replaced and
extended to meet second wall, a total of 16'. Return on
s/s will be refaced for 16'. Steps will be removed and
replaced by wood structure consisting of a 4' x 4'
cantilevered platform and steps leading to walk; plus a
set of steps from walk to beach. Existing fixed dock
structure will be removed and replaced with a 3' lt 28'
fixed {3o 5 abo_ve grade} walkway 1 3' x 14 1 hinged ramp; 6'
1

x 12t floating dock secured by {2) 6" diameter pilings.


The following special conditions apply:
1. Filter cloth baaking is to be installed on the
inside of the new bulkheading to prevent sedimenta.tion
through the wall.
2. To hinder siltation, the final grading of
disturbed soils behind the new bulkhead shall be a minimum

-440-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
of four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill
after grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Fresh Pond, as
per application and survey submitted.
PERMIT NO. 5979; is issued to Harbor Marine Construction,
agent for JOHN PORCO, 371 Dune Road, Westhampton Beach, to
amend Permit No. 5886 to include construction of a 3 1 x 3 1
extension on each side of the north end of the 4 1 wide
fixed pier to be used as a wheel chair rest area as per
submitted.
DEED STATING THAT
WHEN THE HOUSE IS SOLD, THE WHEEL CHAIR REST AREA IS TO BE
R~OVED FROM THE FIXED PIER. A COPY OF THE DEED AMENDMENT
MUST BE SENT '1'0 THE TRUSTEES' OFFICE WITHIN 90 DAYS.
Project is located on owner•s property off Moriches Bay;
as per application and survey submitted.

PERMITS HELD
An -application for permit from Robert Smith, agent for
Bullhead Yacht Club, Inc., West Neck Lane, Southampton, to
dredge two areas within existing yacht club boat basin was
placed on hold until the Trustees' office receives results
of soundings taken recently to determine the amount of
spoil removed from the dredging activity done this year.

MOORING PERMITS ISSUED


PERMIT NO. 91-167 is issued to VERNON P. SCHAEFER, 26
Carroll Street, Sag Harbor, to place two (2.) wooden stakes
for a 14' SE/KI aluminum outboard (Reg. No. NY 8590 CD),
in Sag Harbor Cove, under the direction of Bay Constable
Christopher Kohnken.
PERMIT NO. 91-168 is issued to MARCUS MEIER, 18 Lynn
Court, Hampton Bays, to place a 150 1bs. mushroom anchor
mooring and buoy for a 25 1 Thompson {Reg. No. NY 4044 UB),
in Shinnecock Bay, under the direction of Bay Constable
Kenneth Malone.
PERMIT NO. 91-169 is issued to JO ANNE W. LEHMAN, 67 Old
Country Road, East Quoque, to place a 100 1bs. mushroom
anchor mooring and buoy for a 18 1 Fabuglass (Reg. No. NY
0873 BV), in Shinnecock Bay, under the direction of Bay
Constable Stuart Rose.

-441-
(Continued, August 21, 1991, BOARD OF TRUSTEES)
TEMPORARY MOORING PERMITS ISSUEO
PERMIT NOe T91-19 is issUed to NAJ;-JCY ROSENBERG, 406 Dune
Road, Westhampton Beach, to place a 100 1bs. mushroom
anchor mooring and buoy for a 18' Solcat sailboat
11
Samantha III'', in Moriches Bay, U:nder the direction of
Bay Constable Ted Sad1eir.

·442-
SEPTEMBER 4, 1991

'rHE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON WEDNESDAY, SEPTEMBER 4,

1991, AT l P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W. Parash, Patrick A. Heaney and
Mardooni Vahradian.
The minutes of the regular meeting of August 21, 1991,
were read, amended, and approved as amended.

David Kraemer was present and stated that he was was


here to represent his wife who owns a home on Bayview
Avenue and he was also the designated spokesperson for the
Hampton Grove Beach Association. He said he was not aware
of the split jurisdiction between the Town Board and the
Board of Trustees so the homeowners had filed their
petition to close Peconic Bay beach west of the Shinneoock
Canal to vehicular traffic with the Town Board. He then
gave two copies of their petition, signed by 31 Hampton
Grove homeowners, to the Trustees. Mr. Kraemer said that
4WD vehicles come in from the highway and the majority run
up the beach, turn around to go back the same way and do
not exit at the west end. He has also witnessed 4WD's and
ATV' s coming from the Indian reservation, driving around
and then climbing the hill to the reservation to exit. He
said he is concerned about the destruction to the bluffs

-443-
(Continued, September 4, 1991, BOARD OF TRUSTEES)
besides the- hazard they present to people on the beach.
He watched a vehicle make 10 runs to get up the bluffs
before he could exit. .He went on to say that the Bay
Constables have been absolutely top draw about this
situation. They are courteous and helpful to us and don't
just drive by but go down to the beach area and we all
commend them for the job they are doing. In closing Mr G
Kraemer asked that the Trustees look favorably on their
petitionG
Ann Tritt, a Hampton Groye resident, was present to
tell the Board about an incident that occurred a few weeks
ago. She said she was at. the beach around 3 PM with her
grandchildren when two 4WD's, with New Jersey license
plates, coming from the canal headed right for them. She
said she stood up and waved her hands at them and they
went into the water to pass by her and the children. The
vehicles missed them by 6 11 • She said she supports the
closing of the beach to vehicles.
William Knipfing was present to give the Trustees, in
conjunction with Hampton Grove, a petition signed by 43
Landing. Lane residents requesting that Chapter 111 of the
Town Code be amended to prohibit motor vehicles from
driving on the beach at Hampton Bays between the
Shinnecock Canal and West ~anding Road from May 15 to, and
including, September 15 each year.
Joseph Lacb was present representing 104 residents who
signed a petition, a copy of which was given to the Board,
(Continued, September 4, 1991, BOARD OF TRUSTEES)
and who strongly oppose the proposal to close the Peconic
Bay beach to law abiding citizens. He said we lived here
all our lives, work here, clean up the beaob after we are
through and we do not feel we are abusing the beach and to
close it would be discriminating against us. He said we
enjoy the solitude as much as these people and maybe the
solution to curtail abuse should be larger fines.
Jerry Bregman said he was speaking for the fellows who
drive the beaches with care and clean up after themselves
and who, unfortunately, are in the minority. He said he
works for Parks & Recreation patrolling the beach since
1983 and just in the Landing Lane area he has put 3, 483
miles on his vehicle. He said he picks up broken glass
and litter and recently found the remains of a fire and 24
necks of beer bottles in the broken glass. He also found
5 empty oil cans and discovered someone had changed his
oil and dropped the old oil on the beach. He said the
abuse is becoming ridiculous.
Brian Connolly said he was on East Landing Road with
his familiy when they spotted an illegal ATV and dirt bike
riding up and down the beach and what is needed is more
law enforcement.
Kevin Connolly suggested that signs stating "For
11
Residents Only be put up similar to those on Triton and
Mermaid Lanes. Edward warner said Triton and Mermaid are
both Trustee roads and are turned over to the Town each

May 30th to Labor Day. He said Landing Lane is a Town

-445-
(Continued, September 4, 1991, BOARD OF TRUSTEES)
road so you would have to go before the Town Board with
your request.
Gerard Buckley said that the Police Department hires
summer help ~nd Sl,lggested that they hire extra police just
to help cope with 4WD abuse. He said heavy fines and
enforcement of the laws might be the answer instead of
closing the beach.
Mark Knotoff said that driving on the beach is a fun
time for himself and his family and he does not want his
rights taken away by closing the beach to vehicles. He
says his family always takes a garbage can with them on
each outing and, inevitably, come back home with more than
their share of garbage. He does not feel they should be
penalized for the handful of disobedient "four-wheelers".
Sr. Bay Constable John Andersen was present and said
he was given a log that was kept by Charlotte Kraemer of
cars she saw on the beach .during the period July 4 through
September 3rd and what they were doing. He read, and
commented, on each entry and said there were only a oo~ple

of times where the drivers violated the law. He· said he


was aware of the problems caused by some of the Indians
living on the reservation, however, they do have some
names and the Trustees are meeting with tribal elders to
address the problems.
Mary Stanton then asked about swimming. She said
there is no place for people to swim without worrying
about getting hit by a boat. She asked if an area could

-446-
(Continued, September 4, 1991, BOARD OF TRUSTEES)
be marked off for swimming only, similar to what was done
at Long Beach. Edward Warner said the piece of property
belongs to the Town of Southampton and falls under the
jurisdiction of the Parks and Recreation Department.
Edward Warner closed the discussion and said that the
Trustees would make a decision on this matter at the next
meeting.
Jerome Dornfeld was present and said he and his wife
bought a house on the east side of Tiana Bay in April and
it is impossible for them to sit on their porch or front
lawn from 11 AM till 8 PM due to all the noise and
pollution from the boats and jet skis. He said he paid
alot of money for the location and the location has turned
into a nightmare. He said he noticed when the Bay
Constable arrives it gets very quiet but as soon as he
leaves everything resumes as before. Also, every day 6 to
8 cars park on Elder Avenue and people bring blankets,
chairs, etc. onto the beach. After inquiring, he was told
that this was a public beach and that they have every
right to be there. Also, people are always walking their
dogs on the beach and the dogs leave "deposits". Edward
Warner told Mr. Dornfeld that he owns to the high water
mark only and that people have the right to pass between
the high and low water mark. Sr. Bay Constable John
Andersen suggested to Mr. Dornfeld that he get a surveyor
to determine the average high water mark and then put up
signs stating "No Trespassing, Private Property". Mr.

-447-
(Continued, September 4, 1991, BOARD OF TRUSTEES)
Dornfeld went on to say that he noticed four speed signs
going into Smiths Creek and bow come there were no signs
in Tiana Bay regarding speed or wake. He offered to pay
for the signs and have them installed at his expense to
deter the speeding jet skis and boats. John Andersen told
him that they have to get permits from the u.s. Coast
Guard to put signs in the water. He explained to Mr.
Dornfeld that most of the problem is that alot of people
rent and do not know the laws, however, in general this
only happens two months out of the year and it is part of
the price you pay for living out here.
Arthur Smith was present to discuss a drainage problem
he is having on his property located at Head of Pond Road
for the past three years. He said it is the duty and
responsibility of the Trustees to keep the drain open.
Edward Warner said that the maintenance men, along with
Sr. Bay Constable John Andersen, have been periodically
clearing the drain but he will speak to John Andersen and
ask him to send the maintenance men to clear the drain
again.
Mrs. Dolores Zebrowski was present to voice her
concern regarding a "No Vehicles Allowed" sign installed
by the Trails Association at the foot of Haines Path and
Old Farm Road in Bridgehampton. She feels the sign is an
effort on the part of the Town to block access to her
internal lots that front on the undeveloped portion of Old
Farm Road. Patrick Heaney said the sign was installed, in
~~-~--~--··----·~ --.-·----

(Continued, September 4, 1991, BOARD OF TRUSTEES)


conjunction with a berm, in order to prevent illegal
dumping along Old Farm Road and assured her that the Town
was not trying to landlock her property.
Three (3) Applications for permit were approved.
Three (3) Mooring peimits were approved.
One (1) Temporary mooring permit was approved.
Three (3) Gill Net permits were approved,
One {1) Pot permit was approved.
CORRESPONDENCE:

Roge.r Evans/NYSDEC: Notice of receipt of applications


for the repairs to the Phillips Point ramp, Conscience
Point ramp and Old Fort Pond ramp.
Donn Larson, James Haggerty/U.s. Army Corps of

Eng,ineers, cc: Trustees: Letter listing concerns


regarding the reconstruction of the County owned Beaver
Dam Bridge in Westhampton.
William Siegmund: Letter in opposition to the closing
of the Peconic Bay beach west of Shinnecock Canal to
vehicular traffic.
Supervisor George Stavropoulos: Request to attend
Town Coastal Conference to formulate a town consensus on
the Governors Task Force Recommendations on Coastal
Management.
Copy of re~olution requested by Suffolk county
Commissioner of Public Works to be given to county
Executive Patrick Halpin regarding the transferring of

funds in connection with maintenance dredging in the Town


of Southampton.
-449-
(Continued, September 4, 1991, BOARD OF TRUSTEES}
Letters supporting the dredging of Hayground Inlet
were received from the following Mecox/Hayground
residents: Dr. Howard Ginsburg, T. Jeremenko, Mrs. John
Wood, I. Sarason and Brian Marlowe.
A motion was made by Patrick Heaney, seconded by
Mardooni Vahradian, and duly carried to pay for the
following bills out of the Trustees' Sp~cial Account:
l, Irene Frintzilas office help $ 374.50
2, Carol O'Gara office work $ 673.40
3. Irving Tepper refund/mooring fees $ 75.00
4. En-Consultants refund/dock fees $ 12. 00
5, Mockridge Const. refund/dock fees $ 50.00
A motion was made by Patrick Heaney, seconded by
Mardooni Vahradian and duly carried to pass the following
resolution:
WHEREAS, The Village of. Quogue has proposed Local Law
No. 4 of 1991 regulating vehicle access to the ocean beach
area, and
WHEREAS, pursuant to their authority to regulate
access to the ocean beach, this Board has been asked for
its approval of the aforementioned Local Law,
NOW, THEREFORE, BE IT RESOLVED, that this Board hereby
consents to the adoption by the Village of Local Law No. 4.
Copies of the resolution will be mailed to Richard
DePetris, Quogue Village Attorney and Quogue Village Mayor
Thelma Georgeson.
Mardooni Vahradian reported that Mecox Bay was very

-450-
(Continued, September 4, 1991, BOARD OF TRUSTEES)
high and needed to be opened. He said Sagg Pond was also
high but was opened by nature during the hurricane on
August 19th.
A motion was made by Mardooni Vahradian, seconded by
Paul Par ash and duly carried to open Mecox as soon as
possible. Diversified Services and the NYSDEC will be
notified. Bay Constable Dale Petruska will be asked to
put up "Deep Water" warning signs when the cut is made.
Edward warner reminded the Trustees that the Governors
Task Force meeting was being held tonight at 7 PM. at Town
Hall.
Mr. Warner said he received a call from Charles
Guthrie of the DEC who informed him that they hauled bait
seine in Wildwood Lake and caught various pickerel and
large mouth bass.
Mr. Warner said the repair and reconstruction of
sunday's Marina was finished and the marina looks great.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, secretary


(Continued, September 4, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED
PERMIT NO. 5980 is issued to J.M.O. Consulting, agent for
WALTER P. MARGULIES REVOCABLE TRUST, 178 Dune Road,
Westhampton Beach, to reconstruct (within 18 11 ) 134 l.f. of
timber bulkheading. The new bulkheading shall be
reconstructed 1' higher than existing bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside Of the new bulkbeading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only -clean sand or gravel will be
permitted. No organic top so1ls are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off MOneybogue Bay,
as per application and survey submitted.
is issued to En-Consultants, Inc., agent
Dumar Drive, Noyac, to extend Permit
No. 5779 to reconstruct a 4' x 25 1 fixed dock and
construc't a 4' x 10' dock forming 11 L 11 shape on outer e-nd.
In addition, add a 4' x 10' inclined ramp on the landward
end.
Project is located on owner, s property off dug canal off
Noyack Creek, as per application and survey submitted.
pgRMIT ·NO. 5962 is issued to Mockridge Marine
Construction, agent for ROBERT BUCKLEY, 114 Island Creek
Roadf southampton, to construct- a 4' x 75 1 fixed dock, 4'
x 10' ramp and a 6' x 20' floating dock.
SPECIAL CONDITION:
LENGTH OF FIXED DOCK NOT TO EXCEED SEVENTY-FIVE FEET.
Project is located on owner's property off Island Creek, a
tributary of Little Sebonac Creek, as per application and
sur.vey submitted.

MOORING PElUJITS ISSUED


PERMIT NO. 91-170 is issued to ROBERT FISH:$R, 394 Dune
Roadf westhampton Beach, to place a 100 lbs. mushroom
anchor mooring and buoy for a 19' Boston Whaler sailboat
in Moriches Bay, under the direction of Bay Constable Ted
Sadleir.
PERMIT NO. 91-171 is issued to JOHN C. HENDERSON, 5
Woodedge Trail, Quogue, to place a 250 lbs. mushroom
anchor mooring and buoy for a 28.5 1 Ericson sailboat
"Trade Wind" (Reg. No. NY 3565 GJ), in Red Creek Pond,
under the direction of Bay Constable Kenneth Malone.
-452-
(Continued, September 4, 1991, BOARD OF TRUSTEES)

PERMIT NO. 91-172 is issued to CLAIRE BUDA, 12 Ocean View


Drive, Southampton, to place a 75 lbs. mushroom anchor
mooring and buoy for a 17' Silverline fiberglass outboard
(Reg. No. NY 0364 PN), in Shinnecock Bay, under the
direction of Bay Constable Dale Petruska.

TEMPORARY MOORING PERMIT ISSUED

P:ERMIT NO. T91-20 is issued to PAUL W. MANTINI, 496 Dune


Road, Westhampton Beach, to place a 100 lbs. mushroom
anchor mooring and buoy for a 14' MFG (Reg. No. NY 1541
BZ), in Moriches Bay, under the direction of Bay Constable
Ted sadleir.

POT PERMIT IS-SUED


PERMIT NO. PT38 is issued to WILLIAM BEAUDIN 1 2 Squires
Pond Road, Hampton Bays, to place pots on Trustees' bottom
in Town of Southampton waters for 1991.

GILL NET PERMITS ISSUED

PERMIT NO. GN5 is issued to WILLIAM BEAUDIN, 2 Squires


Pond Road, Hampton Bays, to place gill nets in Shinnecock
Bay and Tiana Bay for 1991.

PERMIT NO. GN6 is issued to NORMAN L. STIANSEN, 7 Nautilus


Drive, Hampton Bays, to place gill nets in Shinnecock -·Bay
and Tiana Bay for 1991.
PERMIT NO. GN7 is issued to RONALD A. FLYNN, Dune Road,
Hampton Bays, to place gill nets in Shinnecock Bay and
Tiana Bay for 1991.

-453-
SEPTEMBER 16, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHoLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, SEPTEMBER 16, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. warner; Trustees
William H. Bennett, Paul w. Parash, Patrick A• Heaney,
Mardooni Vahradian and Deputy Town Attorney John wourgola.
The minutes of the regular meeting of September 4,

1991, were read, amended, and approved as amended.


Edward warner opened the meeting by asking each
Trustee his decision regarding the closing of Peconic Bay
beach west of the Shinnecock Canal to vehicular traffic.
Patrick lleaney said be was not inclined to change the
ordinance since it would only penalize law· abiding beach
users. His recommendation was for more law enforcement
and increased cooperation with residents of the Shinnecock
Indian Reservation.
William Bennett said that he was not in favor of
closing the beach. He said that more law enforcement is
needed as many of the reported beach abusers did not have
permits or were from out-of-state.
Paul Parash said he sympathizes with the homeowners,
however, he does not agree that closing the beach is the
answer. He said if the homeowners continue to have a
problem with 4WD vehicles then more law enforcement should

-454-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
be used.
Mardooni Vahradian said that he does not agree with
closing the beach because it would set a precedent for
closing other beach areas but he is in favor of enforcing
the law.
Edward Warner said he is not in favor of Closing the
beach but feels now that the State Police are getting
involved, they will be able to cope with the situation
arising from the State Indian Reservation. He said that
the Bay Constables will also do more patrolling in that
area.
A motion was made by Patrick Heaney, seconded by
Mardooni Vahradian and duly carried to send the following
letter to the Town Board: nAs per your request, the
Trustees have reviewed the proposed amendment to Section
111-32 of the Town Code. At our meeting on September 4th,
residents spoke for and against the proposed amendment
which would effectively close these beach areas to
vehicular traffic. A copy of our minutes of that meeting
is enclosed for your review. After hearing all parties,
the Trustees are of the opinion that the proposed
amendment is not the answer to the problem. The persons
who are currently abusing the privilege are ignoring the
existing regulations and would, undoubtedly, ignore any
further regulations. In essence, the only persons who
would be affected by the closing would be the law abiding

beach user. The Board believes that the problems

-455-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
associated with the-· illegal use of these beach areas are
best handled through the use of increased enforcement of
the eKisting regulations. The Trustees ask that the
proposed amendment be rejected by your Board."
Jerry Bregman was present and said he just wanted to
hear the decision of the Board regarding the proposed
amendment to Chapter 111. He told the Trustees that they
would have to be there to see the arrogance of the kids
driving on the beaches. He said that even though he works
for Parks & Recreation patrolling the beach, if he says

anything to them he is told that he has no authority and


to buzz off, and that is putting it mildly. He said he
wishes he had a little power to write even a warning
ticket. Paul Parash said that Southainpton Village has
wardens that patrol. John Wourgola told Mr. Bregman to
get recommendations from the Chief of Police and the
Superintendent of Parks & Recreation. Patrick Heaney also
asked him to get some possitive ·recommendations to give to
the Trustees and they would see what they could do to
enhance his ability to patrol the area.
Eight (8) Applications for permit were approved.
One (1) Application for permit was held.
CORRESPONDENCE:
Richard Fox/NYSDEC: News release announcing that the
start of the harvest season for bay scallops in waters off
Long Island will be delayed for three weeks. The harvest

season will open October 7, instead of the scheduled start

-456-
{Continued, September 16, 1991, BOARD OF TRUSTEES)
date of September 16. The season will close as usual on
March 31. The postponement is for this season only and
has no effect on subsequent seasons.
Letters supporting the dredging of Hayground Inlet
were received from the following Mecox/Hayground
residents; Andrienne Vittadini and James Stanton.
David Kraemer: Letter reiterating further his
concerns regarding 4WD vehicles driving on the Hampton
Groves beach and listing additional reasons why he feels
they should be banned in that particular area during the
summer season.
Suffolk County Dept. of Public Works: Notification of
a public informational meeting on September 27 to discuss
plans to reconstruct the bridge carrying Beach Lane over
the Quantuck Canal in the Village of westhampton Beach.
Barbara & George Thomas: Letter requesting repairs be
done by the Trustees to the bulkhead at the end of Bay
Drive in Hampton Bays. Their letter will be forwarded to
Bill Masterson, Superintendent of Highways, along with a
note asking that he look into the mattef since the Town
owns the bulkhead in question.
Lisa Tettelbach/NYSDEC: Mecox Bay survey data sheet
together with a note thanking Bay Constable Dale Petruska
for his help with their water sampling during the week of
the hurricane.
Supervisor Stavropoulos, Sr. BC John Andersen, cc:

Trustees: Report of labor costs incurred by Bay

-457-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
Constables and Trustees' maintenance men during Hurricane
Bob on August 19, 1991.
Supervisor Stavropoulos, Sr. BC John Andersen, cc:
Trustees: Report of damage done to navigational aids and
docks on August 19, 1991 by Hurricane Bob.
Andrew Zambelli/Secretary to Governor Cuomo:
Acknowledgment of Trustees 1
letter advising of the
resolution adopted concerning the opening of scallop
season.
Philip Anderson/Anderson Environmental Inc.: Letter
asking about trespassing and beach rights in regards to
his client's oceanfront property on Flying Point Road and
the infringement on same by the neighboring members of the
Watermill Beach Cl1,1b. John wourgola will reply stating
that the problems discussed in his letter are more in the
nature of a civil dispute and are. best resolved between
themael ves.
Other correspondence not read was note~.

A motion was made by Patrick Heaney, seconded by


Mardooni Vahradian~ and duly carried to pay for the
following out of the Trustees' Special Account:
1. Louis McLean Associates repair/3 town ramps $6,000.00

2. Suffolk County Clerk rec.fee/E_ast Pond deed $ 67.00

Patrick Heaney said he wanted to update the Trustees


on the Carter Creek maintenance dredging project in East
Quogue. He said that he and Fred Speier, who lives on the

creek, met with the Pinesfield Association to seek


permission for the Trustees to use Association land as a
-458-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
right of way in order to have the spoil carted away. He
went on to say that he discussed with members of the
Pinesfield Association the possibility of having a portion
of the dredged sand placed on their upland area. Charles
Seaman, a Pinesfield resident, raised objections and
questioned the quality of the spoil that would be placed
there. Mr. Heaney assured him that only the best "sugar 11
sand would be put on their property. He was also invited
to come and speak at their next general meeting.
William Bennett said he wanted to discuss the recent
cut at Mecox. He said Diversified Services did not do a
good job letting it out on September 5th and had to make
the cut again on September 9th. He went on to say that he
went to beach at 8:30 AM on Monday the 9th and their crane
was there but no Bay Constables were around to guard the
area. There were thousands of crabs in the water and
people, not realizing the potential danger, were in the
ditch catching them. He said he spent the morning telling
children and adults to stay out of the ditch. He said he
would like the Trustees to establish a procedure to be
followed each time a cut is made such as having Bay
Constables on duty, installation of snow fencing to keep
people away from the ditch, danger signs installed, etc.
Edward Warner read the following Bay Constable report:
Due to Hurricane Bob the Bay Constable reports have
not been filed, however, this will cover from August to
date.

-459-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
A letter was sent to Eli Blume, 31 Nautilus Dr.ive,

Hampton Bays, regarding a PVC pipe coming out of his


bulkhead. On August lOth, Bay Constable Malone and I

checked the pipe. Mr. & Mrs. Blume let us look in their
cellar to see the 3 dry wells wLth pumps, which are
pumping ground water only. The reason for same is that
when the home was built in the 1960 1 s, the contractor put
the cellar 6" too low and when the wet weather comes
approximately 3" to 4" of water makes the cellar
unusable. They have tried other ways to stop the water
from coming in, which have not worked. I feel that as it
is only ground water being pumped, a letter should be sent

from the Board granting permission to use said pumps.


Hurricane Bob damage done to Town Trustee property:
$7,189. 25 to navigation aids on Peconic side. Total cost
for labor as requested by supervisor for Bay Constables
and Maintenance Men amounted to $4,134.45. Due to damage
done to equipment, I need to know if the Trustees will pay
for repairs and replacement to the navigation aids, as it
will take time to have this done and ready for next season.
Sagg Pond opened by Hurricane sob and still running as
of Friday, September 13.
Mecox opened by Cliff Foster September 6, closed
September 7, reopened by Foster September 9 and still
running as of September 13a Bay is down and good flushing
action a

The dock at West Neck is in need of repair. The

-460-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
maintenance men have been filling holes, but this does not
work anymore. Needs to be replaced.
Dock at Towd Point - any date set for repair?
Spoke to Steve Malinowski, The Clam Farm, Fishers
Island. The scallops will be ready the end of October for
pickup. He has no extras this year. If you want to order
for next year, let me know.
John W.Ourgola will write to Eli Blume informing him
that there are regulations in the Town of Southampton
which prohibit any discharging into Town waters and
suggest that he install a dry well and connect same to the
existing PVC pipe at a location somewhere between the
house and the bulkhead.
A motion was made by Mardooni vahradian, seconded by
Paul Par ash and duly carried to order 50,000 bug scallops
from The Clam Farm for delivery next October.
Edward Warner asked the Trustees to work out a budget
for next year based the projects they would like to see
completed in their area. Also, he said as soon as the
permits for the repair and reconstruction of the Phillips
Point, Conscience Point and Old Fort Pond ramps are
received from the DEC we will go out to bid. He went on
to say that North Sea Harbor will not be conditional this
year but will become seasonal. Also, he drove to Fish
Cove and found that two catch basins have already been
installed. He said that another catch basin is due to be
installed plus concrete curbing and the raising of the

-461-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
backlying land. The project is expected to be finished
this week.
Mro Warner said a copy of the ":Feasibility Study And
Proposal For A Comprehensive Environmental Investigation
Of Quantuck Bay" is in the office for the Trustees to
peruse.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMI~ NO. 5983; is issued to C. JAMES & CATHERINE M.
CLARI<, 31 Tarpon Road, East Quogue, to replace (within
18 ) 75 L£. of ·existing tintber bulkhead plus (2) 6 1
11

returns.
The following special conditions apply:
lo Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wallo
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only. will. be used for backfilL
No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner 1 s property off dug canal off
Shinnecock Bay, as. per application and survey submitted.
PE~IT NO. 5984: is issued to En-Consultants, Inc., agent
for PE~ER and LORRAINE JANSSEN, 3l8 Dune Road, Westhampton
Beach, to amend Permit No. 5873 to reflect an increase in
elevation of rip-rap by approximately 1 1 and to extend the
10 1 x 17 1 boat ramp an additional 10' x 26 1 seaward.
Project is located on owner 1 s property off Moriches Bay,
as per application and survey submitted.
-462-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
PERMIT NO. 5985: is issued to En-Consultants, Inc., agent
for MAXINE MILLER and .JOHN CANNISTRACI, Phillips Lane,
Southampton, to construct a timber walkway and dock
consisting of a 4' x 80 1 fixed elevated (4' above grade)
walkway, 4' x 12' hinged ramp and 6 1 x 16' floating dock
secured by (2) 8" diameter pilings.
Project is located on owner's property off Far Pond, as
per application and survey submitted.
PERMIT NO. 5986; is issued to FARRELL J. CORCORAN, 26
Elder Avenue, Hampton Bays to replace (in place) 38 1.£.
of timber bulkhead damaged by hurricane.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be plaoed
along the inside of the new bulkhead.
Project is located on owner's property off Tiana Bay, as
per application and survey submitted.

=-~H;~:io;r""'lfc;i;a
is issued to BELTRANY SETTEDUCATI, 7
1y Sag Harbor, to replace (within 18")
,
concrete rubble retaining wall with 25' timber bulkhead
plus a 6' return. Dredge an area 3' x 6' along aide of
existing bulkhead and remove approximately 2 c.y. of spoil.
The following special conditions apply;
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimen.tation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill.
Dredged spoil will be trucked to suitable spoil site.
4. No organic top soils are to be placed along the inside
of the new bulkhead.
Project is located on owner's property off Noyack Creek,
as per application and survey submitted.
PERMIT NO. 5988: is issued to En-Consultants, Inc., agent
for THEODORE and CAROLINE A. RUBSAMEN, JR., 65 Clearview
Drive, Noyac, to remove and replace (in same location and
configuration) 154 l.f. of timber bulkhead plus 26' return
on west side.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
-463-
(Continued, September 16, 1991, BOARD OF TRUSTEES)
2. To hinder siltation, the final grading of disturbed
soil.s behind the new bulkhead shall be a minimum of
four_ inches below the ·finished height of the wall.
3. Shoul.d it be deemed necesSary· to add backfill after
grading has begun, on_ly· clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PERMIT NO. 5989: is issued to En-Consultants, Inc., agent
for ROBERT STAHL, 174-177 Noyack Avenue, Noyack, to amend
Permit No. 5892 to extend 30' timber bulkhead return on
east side of property an additional 20'.
The following special conditions apply:
l. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall..
2. To ~inder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project i.s located on owner's property off Noyack Bay, as
per application and survey submitted.
P:ERMIT_ NO. 5990: is issued to Costello Marine Contracting
Corp~, agent for THOMAS BARR, IV, Noyac Road, Noyac, Sag
Ha-rbor, to construct a 4 1 x 6' approach ramp~ 4' x 60'
fixed catwalk~ 4' x 75' fixed timber dock1 3' x 14'
aluminum ramp; 6' x 40' floating dock; (4) 2-pile dolphins
and (2) swim ladders.
SPECIAL CONDITION:
Four foot high anchor_ light must be installed at seaward
end of dock.
Project is located on owners property off Paynes Creek, as
per application and survey submitted.

PERMITS HELD
An application for permit from En-Consultants, Inc.,
agent for JOHN AURELIA & THOMAS DaLESSIO, 4 & 8 Lands End
Lane, Southampton, to construct a timber dock for use by
both owners was placed on hold until the Trustees' office
receives written statements from Mr. Aurelia and Mr.
DaLessio consenting to the placement of the dock.

-464-
OCTOBER 7, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, OCTOBER 7, 1991, AT


l P.M.

PRESENT WERE: President, Edward J. Warner; Trustees


William H. Bennett, Paul W. Parash, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of September 16,
1991, were read, amended, and approved as amended.
Ararn Tercbunian, representing . his client Bernard
Mendik, was present to ask the Trustees for their approval
of a dune restoration project located in the Village of
Southampton. He said he had already applied to the NYSDEC
and the Village of Southampton and has since had
conversations with both agencies and they found the
project acceptable. He went on to say that they propose
to truck in approximately BOO cubic yards of dune
compatible sand from an upland source and to grade the
sand into his client • s existing dune to raise the level of
the center low spot to match the east and west sides. He
said he plans to access the beach via Old Town Road and,
when the project is completed, replant the area with beach
grass and native vegetation. Edward Warner said the Board
would have no objections to this project and asked him to
submit an application for permit.

-465-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
E. Peter Corwith was present to discuss the drainage
problem on Deerfield Path in Water Millo He said that the
Highway Department installed two dry wells in an effort to
stop polluted stormwater runoff from entering Mill Pond
but alot more than just two catch basins were needed.
William Bennett said that the dry wells were a good first
step toward improving Mill Pond's poor water quality but
that a comprehensive road runoff abatement plan, similar
to one now in effect at Fish Cove in North Sea, would be
the only real solution to Mill Pond's pollution problems.
He said that once the success of the :Fish Cove project has
been determined, their next goal will be to design a
similar program for Notth Sea Harbor and then Mill Pond.

Mr. Bennett said that he has asked the Town's consulting


engineer to· look into the feasibility of installing french
drains along Deerfield Road to trap a larger percentage of
the rainwater runoff. Edward warner told Mr. Corwith that
the Trustees' . current operating budget has no money
allocated for drainage projects and that the $75,000 Fish
Cove project was financed through the To~n's general fund.
Mr. Corwith then asked about plexiglass signs that
were put up at Long Pond in Sag Harbor. He said they were
installed by the New York State Bass Federation to promote
their voluntary catch and release program, however, there
were no Town ''Residents Only" signs posted. He said
people will get the impression that the Town 1 s ponds are

open to the general public for fishing, which is

-466-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
not true. He said the Trustees should contact the club
and tell them not to put up their signs at any of the
Town's freshwater ponds. He then asked if there was any
access to Crooked Pond. William Bennett said the Trustees

own a 3 ~/2 acre parcel next to the pond and he would be


willing to walk to the pond with Mr. Corwith and flag an
access route. Mr. Corwith then asked about the Bay
Constables and if they would be working weekends during
the winter months. He said as the Town 1 s population grows
there is a need for them to be on patrol weekends to
enforce the Town's navigation laws and Trustee
regulations. Edward Warner said he would look into the
matter.
Eleven (11) Applications for permit were approved.

One (1) Application for permit was denied.


Nine (9) Fish Trap permits were approved.
CORRESPONDENCE:

Lisa Tettelbach/NYSDEC: Letter confirming conditional


program evaluations will be done for Flanders Bay (with
creeks) and Fish Cove. Notification that the 1990
year-round closures in North Sea Harbor (with the
exception of Fish Cove, Alewife Pond, Upper Davis Creek
and Taylor Creek) will reopen seasonally on December 1,
1991, through April 30, 1992, and will continue annually.
Therefore a conditional program in North Sea Harbor will
not be necessary.
US Army Corps of Engineers: Public notice re: Federal

-467-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
Manual for Identifying anrl Delineating Jurisdictional
Wetlands.
New York State: Booklet re: Discretionary Grant
Guidelines and Application 1992/93.
Cornell Cooperative Extension: Invitation to 75th
Annual Meeting and Recognition Program.
William Masterson, residents of East Shore Drive, cc:
Trustees: Letter requesting that priority be given to the
modification of the drain leading into Fresh Pond at Eas·t
Shore Road and Lake Drive.
Village of North Haven: Copy of resolution adoptee by
the Village Board of Trustees assuming lead agency for a

P.roposed trail system on Village property.


Dept. of State, Louis McLean Associates, co: Trustees:
Response to request for additional information re: Old
Fort Pond and Phillips Point ramp reconstruction.
Joseph Hurley/Commissioner Suffolk County Dept. of
Public Works, Lisa Tettelbach/NYSDEC, cc: Trustees:

Letter concerning the Town's conditional shellfish program


Which is conducted from mid December through mid April
each year and a request for his assistance in this program
by establishing a rain gauge at the Shinnecock Canal.
State of New York: Notification that, effective
January 1, 1992, the competitive bidding limits, as set
forth in section 103 of the general municipal law, are
increased to $10,000 for commodity purchases and $20,000

for public works contracts.

-468-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
NYS Assembly Standing Committee on Environmental
Conservation: Notice of public hearing re: illegal
dumping on Long Island and an assessment of solid waste
disposal pr.actiaes.
William Masterson: Letter advising that his
department does not have funds allocated toward the repair
of the Towd Point bulkhead and advising the Trustees to

discuss it with the Town Board since there is a liability


concern at this location. John Wourgola will send a
letter to the Town Board.

A motion wa~ made by Paul Parash, seconded by Mardooni


Vahradian and duly carried to order 1992 ramp and 4WD
vehicle stickers from Deluxe Silk Screening Corp. at a
cost of $970. which will be paid from the Trustees'
Special Account.

A motion was made by Patrick Heaney, seconded by


Mardooni Vahradian, and duly carried to pay for the
following bills out of the Trustees' Special Account:

1. Cold Spring Fish Hatchery trout $2,500.00


2. Carol O'Gara office work $ 659.48
3. Susan O'Gara office help $ 108.50
4. En-Consultants refund/dock fees $ 20.00

William Bennett reported that approximately 630 small


and large brown trout were delivered on October 2nd and
about 90 were placed in each of the following ponds: East

Pond in Eastport, Beaver Dam Pond in Westhampton,

Cranberry Marsh in Westhampton Beach, Allcott 1 s Pond in

-469-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
East Quogue, Little Fresh and Big Fresh Ponds in North Sea
and Trout Pond in Noyack.
Edward warner said he received a faxed copy of a
letter sent to the DEC from Owen Johnson, Chairman of the
Senate Environmental Conservation Committee regarding the
proposed dredging of the Intercoastal Waterway in
Shinnecock Bay, with respect to an appropriate dredge
spoil disposal site. Mr. warner said he sent the
following letter to the editor of the Southampton Town
newspapers for publishing:
This is to enligl;lten all recreational and commercial
boaters to the fact that the Southampton Town Trustees
strongly s_upport the maintenance dredging of the Long
Island Intracoastal Waterway scheduled for the Fall of
1992, especially the project scheduled for the southern
end of the Shinnecock Canal between Buoy 34 and Buoy 35
where the shoaling is very severe.
We have been trying for years to . get the dredging
project finalized and towards that end I r.ecently met the
first time with Harold Hawkins, Chief of the Navigation
Bran-ch of the u.s. Army Corps of Engineers and Stanley
Michalowski of his Operations staff to look over dredge
spoil disposal sites at Peconic Road along the rock
revetment. Charle_s Hamilton of the NYSOEC could not
attend this meeting, howe\:·er, we were informed that he was
totally against this site because of poteOtial damage to

clam and eel grass beds in the area. Two weeks later we

-470-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
met again, this time with Mr. Hamilton in attendance, and
I took them to Cormorant Point but was told the site was
not large enough. We then discussed the barrier beach,
however, no decision has yet been made for_ the disposal
site.
The Trustees feel the barrier beach spoil site would
be too expensive and favor the Peconic Road area.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, secretary

PERMITS ISSUED
PERMIT NO. 5991 is issued to THOMAS and ANN McANDREWS,_ 37C
Gardiners Lane, Hampton Bays, to raise the height of
existing 50 1 bulkhead an additional 22 inches.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of six
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the Inside of the new bulkhead.
Project is located on owner's property off Shinnecock Bay,
as per application and survey submitted.
PERMIT NO. 5992 is issued to First Coastal corp., agent
for BERNARD MENDIK, 139 Murray Lane, Southampton, for dune
restoration consisting of trucking in approximately 800
c.y. of dune compatible sand from an upland source and
grading the sand into the existing dune to uniform height

-471-
(Continued, October 7, 1991, BOARD OF TRUSTEES)
of +21 1 and width of 25'. Access point onto subject
property will be at Old Town Road. Area to be planted
with beach grass after restoration.
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.
PERMIT NO. 5993 is issued to JOHN WEICKERT, 38 Dolphin
Road, East Quogue, to renew Permit No. 5806 to dredge an
area approximately 75' x 10' to a depth of 4' below the
plane of MLW.
Project is located on owner's property off dug canal off
Shinnecock Bay, as per application and survey submitted.

~is'~~if-=-;i~pji( s~ ,GiLsus;ued to Michael Sylvester, agent for


.!. 10 14 Marlin Road, East Quogue, to
replace (in place)
75 1. f. of navy type bulkhead and to construct a 6' x 16'
( 20" deep} stepdown platform. Dredge to -4' MLW to 10 1
offshore of bulkhead. Approximately 25 c.y. of spoil to
be removed to an off-site upland location.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off dug canal off
Shinnecock Bay~ as pe·r application and survey submitted.
PERMI'l' NO. 5995 is issued to James H. Rambo, Inc., agent
for LOUISE CHICHIELO, 364 Dune Road, Westhampton Beach to
renew Permit No. 5793 and Permit No. 5812 to construct a
4' x 300' fixed catwalk (4' above grade}, 4 1 x 14' hinged
ramp, ( 2) 6' x 16' floating docks secured by ( 3) 8 11
diameter pilings.
Project is located on owner's property off Moriches Bay,
as per application and survey submitted.

~~~~~ttJ;!tfA is issued to En-Consultants, Inc., agent


~ TllOMAS DeLESSIO;. 4 & 8 Lands End Lane,
&
Southampton, to construct a timber do.ck for use by both
owners to consist of a 4 1 x 60' fixed elevated (4' above
grade) walk; 4' x 14' hinged ramp and a 6' x 20' floating
dock secured by ( 2) 8" diameter pilings.
SPECIAL OONDITION: WIDTII OF FWATING DOCK NOT TO EXCEED
SIX FEET.
Project is located on owner 1 s property off Cold Spring
Pond, as per application and survey submitted.

-472-
(Continued, October 7 ,. 1991, BOARD OF TRUSTEES)
PERMIT NO. 5997 is issued to ALEX LATYSHEVSKY, Clearview
Drive, Noyack, Sag Harbor, to replace (in place) two
sections ( 95 1 and 36') of bulk beading destroyed by
hurricane.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedi1nentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. 5998 is issued to En-Consultants, Inc., agent
for JULIA HYMAN, Peconic Avenue, North Hampton Shores,
Noyac, to replace (in same location and configuration) 100
l.f. of storm damaged bulkheading.
The following special conditions apply:
1. Filter cloth backing is to be installed on the !
inside of the new bulkbeading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PE~IT NO. 5999 is issued to En-Consultants, Inc. , agent
for DIANA EPSTEIN, One Peconic Bay Avenue, North Sea, to
extend westerly rock return of reve.tment by 20'.
Approximately 20 c·.y. of clean sand or gravel will be
trucked in to fill void created by storm damage.
Project is located on'owner•s property off Peconic Bay, as
per application and survey submitted.
PERMIT NO. 6000 is issued to En-Consultants, Inc., as
agent for FOUR SHAMROCK TRUST/REGINA ULLENDORFF, TRUSTEE,
North Hampton. Shores, Road #1, Noyack, Sag Harbor, to
replace (in same location and configuration) 122 Lf. of
hurricane-damaged bulkheading plus 14' return.
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.

-473-
(Continued, October 7, 1991, BOARD OF TRUSTEES)

2. To hinder siltation, the final grading of disturbed


soils behind the new bulkhead shall be a minimum of fou.r;
inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on .owner's property off Peconic Bay, as
per application and survey submitte.d.
PERMIT NO. 6001 is issued to En-Consultants, Inc., agent
for OARY'L and MICHAEL SMOLENS, Bittersweet Lane, Noyack,
to replace (in same location and corifiguration) 133 l.f.
of hurricane damaged bulkheading. Existing 28 1 return to
be extended an additional 7 1 •
The following special conditions apply:
1. Filter cloth backing is to be installed on the
inside of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of four
inches below the finished height of the wall.
3. Should it be deemed nec_essary to add backfill after
grading_ has begun, orily Clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bullthead.
Project is located on owner's property off ~econic Bay, as
per application and survey submitted.

PERMITS DENIED
An application for. permit from Land Use, agent for
Triple D Associates, Noyack Bay Avenue, Noyack, to
construct a 4 1 x 100' fixed catWalk (a 12' section will be
elevated 10' above grade to allow vehicle access to the
beach}, 4' x 75 1 fixed dock (4' over grade), 3 1 x 30' ramp
and (4) 6' x 20' floating docks was denied. The Trustees
felt that the proposed construction would be completely
out of character with the neighborhood and, more
importantly, would tend to cause a proliferation of
applications for similar structures in the same area.
Additionally, to allow the foregoing to occur might very
well drastically alter the essential character of this
well established area.

FISH ~RAP PERMITS ISSUED


PERMIII' NO. FT-16 is issued to JOHtil BERGLIN, Lyncliff Road,
Hampton Bays, to place a fish trap in Flanders Bay, 500
feet long, located approximately 1, 000 yards southwest Of
Iron Point, as per applicants marker on Trusteest map,
Southampton Town Waters for 1991~
-474-
(Continued, October 7, 1991, BOARD OF TRUSTEES)

PERMIT NO. FT-122 is issued to JOHN BERGLIN, Lyncliff


Road, Hampton Bays, to place a fish trap outside of Mill
Creek: (east side) - overall length of 300 feet, as per
applicants marker on Trustees' map, Southampton Town
Waters for 1991.

PERMIT NO. FT-207 is issued to JOHN BERGLIN, Lyncliff


Road, Hampton Bays, to place a fish trap in Reeves Bay,
from shore to 300 feet out in Sloops Cove, as per
applicants marker on Trustees' map, Southampton Town
Waters for 1991.

PERMIT NO. FT-216 is issued to JOHN BERGLIN, Lyncliff


Road, Hampton Bays, to place a fish trap in Reeves Bay, on
northeast corner of large island - 500 feet overall, as
per applicants marker on Trustees 1 map, Southampton Town
Waters for 1991.

PERMIT NO. FT-223 is issued to JOHN BERGLIN, Lyncliff


Road, Hampton Bays, to place a fish trap in Reeves Bay,
500 feet east of Permit No. 207, as per applicants marker
on Trustees' map, SOuthampton Town Waters for 1991.

PERMIT NO. FT•227 is issued to JOHN BERGLIN, Lyncliff


Road, Hampton Bays, to place a fish trap in Reeves Bay,
1,000 feet east of Permit No. 207, as per applicants
marker on Trustees' map, Southampton Town Waters for 1991.
PERMIT NO. FT-252 is issued to JOHN BERGLIN, Lyncliff
Road, Hampton Bays, to place a fish trap in Peconic River,
south side at the mouth, as per applicants marker on
Trustees' map, Southampton Town Waters for 1991.
PERMIT NO. FT-253 is issued to JOHN BEaGLIN, Lyncliff
Road, Hampton Bays, to place a fish trap in Peconic River,
south side - off of Broad Meadow across from Saw Mill
Creek, as per applicants marker on Trustees' map,
Southampton Town Waters for 1991.
PERMIT NO. FT-254 is issued to JOHN BERGLIN, Lyncliff
Road, Hampton Bays, to place a fish trap in Flanders Bay -
200' east of Long Neck Boulevard, as per applicants marker
on Trustees' map, Southampton Town Waters for 1991.

-475-
OCTOBER 21, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, OCTOBER 21, 1991,
AT 1 P.M.
PRESENT WERE: President, Edward J. warner, Trustees
William H. Bennett, Paul W. Parash, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town Attorney John wourgola.
The minutes of the regular meeting of October 7, 1991,
were read, amended, and approved as amended.
Chuck Bowman, President of Land use, was present to
discuss the application for permit that he submitted for
Triple D Associates to construct a doc·k structure and
which was denied at the October 7th meeting. He said he

came before the Board in January to discuss concerns over


the fact that the construction of the proposed dock and
walkway would eliminate the public right· to pass and
repass between the high and low water marks and, in
addition, eliminate the only vehicular access point to
Clam Island. To alleviate the concerns, he said he then
submitted revised plans calling for a 12• section of the
proposed catwalk to be elevated 10• above grade to allow
vehicle access to the beach, Since he did not bear back
from Bill Frank, Trustee for the area, he assumed
everything was fine and proceeded to submit revised plans
to the NYSDEC and Army corps of Engineers. Both their

-475-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
permits were recently issued and copies sent to the
Trustees with a request for their authorization for this
project. He said it came as a shock to learn the permit
was denied since this matter has gone on for almost a year
and the property was sold pending approval of this dock.
Needless to say, both the buyer and seller are very
concerned. Mardooni Vahradian said he feels bad about the
situation, however, he took a good look at the site and
feels that the proposed construction would be completely
out of character with the neighborhood and, more
importantly, would set a precedent for similar structures
in the same area. Edward Warner told Mr. Bowman that the
Board members were not polled when the revised plans were
received to see if they felt the plans were acceptable
and, since Bill Frank passed away last May, there is no
way of knowing how he felt about this 10' high structure.
Mr. Bowman said there must be some way to satisfy the
concerns of the Board. Edward warner suggested
eliminating the 10' high structure altogether and have the
property owner just walk across the beach. Mr. Bowman
said he would sketch up something for the next meeting.
Senior Bay Constable John Andersen told Mr. Bowman that
the water in that area is very shallow and even though nis
client intends to build the dock 120 .feet out, the water
will still only reach his knees and, when the first big
ice storm hits the area, it will be gone, history, tbe

dock structure will not stay when the ice comes.

-476-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
Mrs. Haresign was present to ask the Trustees what was
involved in obtaining their permission to have an osprey
nesting pole installed on an island in Lake Nowadonah.
Mr. warner told he~ to submit an application, which can be
picked up at the office, showing the exact location of the
proposed n~sting pole and, once it was approved by the
Board, a permit would be issued. She went on to ask the
Trustees their plans for ouJ;tailing road runoff at Mill
Pond. She said she understood from the last meeting that
Mill Pond will be done after North Sea Harbor. Patrick
Heaney said the Trustees cannot guarantee that Mill Pond
will be third, the planning of any future projects would
depend upon the amount of money available. He said that
the Trustees' current operating budget has no money
allocated for drainage projects and it would be hard to
speculate at this point.
Bob McAlevy was present to criticize the Trustees for
not banning the practice of churning and to re_strict to
manual means the harvesting of soft shell clams in
Southampton Town waters as, he pointed out, the other east
end Towns of East Hampton*, Shelter Island and Southold
have done. He said he circulated a petition to have
churning banned and obtained 102 signatures, which he then
threw on the Trustees' table. He angrily said Hubbard's

(*per Pat Heaney at November 4th meeting when these

minutes were read: 11


East Hampton Town does allow churning'')

-477-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
Creek, as well as other inlets and ponds on Peconic Bay,
are being destroyed by baymen who recklessly churn and
itwas the Trustees' responsibility to stop this
destruction of the bay bottoms. He said that churning
redistributes the bottom sand, which then forms sandbars
that interferes with the flow of the tide into the creeks
and ponds and, when there is not as much tidal rise, it
makes the bays less productive. He then accused the
'l'rustees of gross mismanagement of their shellfish
transplanting program. He said he received information
from an anonymous source that showed the price paid per
bushel to baymen by the Trustees for transplanting clams
from polluted waters to clean waters has risen
dramatically during the past three years from $15 to $35
per bushel. He said he was astonished to find the names
of two members of the Warner family on the list of baymen
participating in these transplants and accused Mr. Warner
of nepotism and conflict of interest. He then asked John
Wourgola to investigate the matter since he felt the
taxpayers' money was not fairly being spent. John
Wourgola told Mr. McAlevy to stop his political
grandstanding and ask the Trustees directly how the
program works instead of shouting innuendoes based on
secobdhand incorrect information. However, Mr. McAlevy
stormed out of the meeting without asking the Trustees for
an explanation.

Senior Bay Constable John Andersen was present to

-478-
{Continued, October 21, 1991, BOARD OF TRUSTEES)
discuss the following: He said that Bay Constable Ted
Sadleir did an excellent job writing up a report regarding
the 1991 Shellfish Nursery Project and gave each Trustee a
copy of the two page report. He said the growth of the
seed clams was pheno~enal this year, they just grew like
crazy. He said seed clams weighing approximately 370 lbs.
were placed in the racks in April and the clams weighed
3,216 lbs. when they were removed at the end of August.
He is sending two Bay Constables to Fisher's Island
next week, weather permitting, to pick up the 50,000 bug
scallops ordered last year. With the Trustees 1 approval

the scallops will be placed in the same areas as last


year, which is the east and west ends of Shinnecock Bay,
Sag Harbor Cove, Noyack Creek, North Sea Harbor, West Neck
and Cold Spring.
He asked if he should order more scallops from The
Clam Farm for next year and the 'l'rustees said yes, and
gave him permission to order another 50,000 30mm bugs. In
addition, they approved his request to order $5,000. worth
of seed clams for 1992.
He asked if the 'I'rustees would pay for netting and
repairs to the clam racks and trays damaged in tbe
hurricane. They said yes.
He said he would like to order navigation lights to
replace the ones that were lost and damaged during the
hurricane. He told the Trustees that they would be

reimbursed for 85% of what they spend, all they have to do

-479-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
is save the bills as Bay Constable Sadleir submitted a
FEMA Report totaling $12,095. He was given permission to
order replacement lights.
He reported that Mockridge stopped work on the East
Quogue Bay Avenue dock. They are waiting for a delivery
of spiles and filter cloth. aowever, they started working
on the Eastport Bay Avenue dock.
He said he was told by James Walker of Inter-Science
that it looks like the DEC will issue a permit for the
dredging of the Hayground Cove inlet. He is still
researching the Trustees' records and found where they
dredged the Wading Place in August, 1958, and placed the
spoil on the Morrison property.

He said the cut at Sagg Pond closed itself October


16th after staying open for 58 days.
He reported that the Bay Constables issued 3 summonses
this past weekend for driving on the beach without a

permit. He said he checked on the Hampton Grove area and


came up with the idea of installing signs along the
shoreline, 75' from HMW, every 500' feet, stating, in
effect, that no vehicles are allowed to drive beyond the
signs and to also place cut off telephone poles along the

stone jetty to direct vehicles to use the beach access.


He reported that the Towd Point dock is in bad shape,
especially the southwest corner. He said since the Town
owns the property he intends to board off the area before

someone gets hurt.


(Continued, October 21, 1991, BOARD OF TRUSTEES)
He said M/2 needs a new deck and could be get some
estimates for the job. The Trustees said yes.
He said on Saturday, October 12th, he came across
Anita Weinstein and Karen Vermaas at the end of Cedar
Point Lane, Noyac, where they had just released a swan
into Noyac Creek. They told him the swan was not brought
in frQm Nassau County but picked up out here and treated
for a broken wing by Sue Rosenberg of the Wildlife
Rehabilitation Center. He suggests that a letter of
complaint be written to the DEC by the Trustees.
He said he received three bids on a boat trailer that
he would like to purchase with the $1,800. that will be
transferred from the Police Department to the Trustees'
Equipment Account for 783 1 s trade-in vehicle.
A motion was made by Mardooni Vahradian, seconded by

William Bennett and duly carried to purchase one Load Rite


21-3600E all galvanized boat trailer meeting

specifications_ fro:m Spellman's Marine, Inc., as low

bidder, at a cost of $1~765.

Eleven (11) Applications for permit were approved.


One (1) Application for permit was held.
CORJ1ESPONDENCE:

Lisa Tettelbach/NYSDEC: Fish Cove water quality data


sheet showing results of samplings taken during the period
between April 19, 1991 and October 4, 1991.
John wourgola, Eli Blume, co: Trustees: Letter

advising that a dry well was installed between house and

-481-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
bulkhead as requested.
Village of North Haven: SEQRA Determination re:
Village Trails System.
Louis McLean Associates: Request for partial payment
to coritractor, Mockridge Gerieral contracting, Inc., for
work completed to date on Bay Avenue dock in East Quogue.
Gordon Colvin/NYSDEC: Notice of clarification to all
holders of 1991 Commercial Striped Bass Permits of the
Department's regulations on harvesting striped bass.
Roger Evans/NYSDEC: Notice of complete freshwater
wetlands application received from David Krivitsky, Flying
Point Road, Southampton.
Lake Missapogue Association: Letter stating that the
committee members are still opposed to the proposed boat
access site on Big Fresh Pond even though the DEC has
granted the permit for its construction.
Cornell Cooperative Extension: Informative Fall issue
of 11
0n The Water 11

Roy Haje/En-Consultants: Letter requesting approval


of B' wide floating dock being shared by two families,
John Aurelia and Thomas DeLessio. A motion was made by
William Bennett, seconded by Patrick Heaney, and dulY
carried 4-1 (Paul Parash was in favor) to deny the request
as the eight foot width would be out of character in this
residential area.
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by Mardooni

-482-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
Vahradian, and duly carried to pay for the following out
of the Trustees' Special Account:
1. Thomas R. Guinan, CPA accounting services $300.00

The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED
PERMIT NO. 6002: is issued to En-Consultants, Inc., agent
for ROBERT MARCHAND, 10 Bonita Road, East Quogue, to
replace (within 18") 64 1. f. of timber bulkhead and fill
in an 11' x 17' boat slip to make a total of 75' straight
run bulkhead. Dredge to -3' maximum in front of bulkhead
and remove approximately 50 c.y. of spoil.
The following special conditions apply:
l. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill
between the new and old bulkhead walls. No organic
top soils are to be placed along the inside of the new
bulkhead.
Project is located on owner's property off dug canal off
Shinnecock Bay, as per application and survey submitted.
is issued to ANTHON)!' CAPDNE, 27 Nautilus
to resheath the landward side of the
.f. t r bulkhead.
special conditions apply:
Filter cloth backing is to be installed on the inside
of the new bulk.heading to prevent sedimentation
through the wall.

-483-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed ·necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Wells Creek, as
per application and survey submitted.
PERMIT NO. 6004: is issued to DOROTl:IY E. and WILLIAM J.
WALSH, 25 Nautilus Drive, Hampton Bays, to reface existing•
15 l.f. timber bulkhead in conjunction with similar repair
work on adjacent property to the south of and abutting
with said 15' bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the_ new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Wells Creek, as
per application and survey submitted.

""'"idKlf<~"jiY!rAii;;•lA;issued to En-Consultants, Inc., agent


~ Beach Road, Southampton, to extend
Permit No. 5838 to replace (within 18") 263 l.f. of timber
bulkhead. Construct new 16' section to close off area
north of boat slip. Dredge within boat slip to depth of
4' below MLW. Maximum of 10 c.y. to be removed.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a m.i,nimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Heady Creek, as
per application and survey submitted.
PERMIT NO. 6006: is issued to Costello Marine Contracting
Corp., agent for EVERETT J. DOYLE, Peconic Avenue,
Northampton Shores, Sag Harbor, to reinforce existing
storm damaged 100 l.f. bulkhead by installing new pilings
(Continued, October 21, 1991, BOARD OF TRUSTEES)

on front and installing new backing system.


The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the 'finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner 1 s property off Little Peconic
Bay, as per application and survey submittedo
PERMIT NOo 6007: is issued to En-Consultants, Inc., agent
for STUART SHAPIRO, 35 Clearview Drive, Noyack, Sag
Harbor, to remove and replace (in same location and
configuration) 100 l.f. of timber bulkhead plus 17 1 return.
The following special conditions apply:
1. Filte.r cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, tbe final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the flnished height of the wall~
3. Should it be deemed ne·cesSat.y to add backfill. af.ter
grading has begun; only clean sand or 9ravel will be
permitted. No organiC top soils are to be placed
along the inside of the new bUlkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PERMIT NOo 6008: is issued to En-Consultants, Inc., agent
for LAURA B. VOGLER FOUNDAl'ION, INC.·, Bittersweet Lane,
Noyackv Sag Harbor, .to remove and replace (in same
location and configur.ation} existing storm damaged 207
l.f. bulkhead. Bulkhead will attach to adjacent bulkheads
being rebuilt to the west and east of said property.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be. deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.

-485-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
PERMIT NO. 6009: is issued to En-Consultants, Inc., agent
for BARBARA STAUTER, Bittersweet Lane, Noyack, Sag Harbor,
to remove and replace (in same location and configuration)
92.6 l.f. of storm damaged bulkhead. Bulkhead will attach
to adjacent bulkheads being rebuilt to the west and east
of said property.
The following special conditions apply;
1. Filter cloth backing is to be installed· on the inside
of the new bulkheading ·to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owners property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. 6010: is issued to En-consultants, Inc., agent
for MARY PALMER, Peconic Avenue, Noyack, Sag Harbor, to
remove and replace (in same location and configuration) 60
l.f. of bulkhead. Bulkhead will attach to adjacent
bulkheads being rebuilt to the west and east of said
property.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. 6011: is issued to En-Consultants, Inc., agent
for RAPHAEL and DENISE TOTAH, East Shore Road, North Sea,
to replace 16 c.y. of sand backfill within 11 boxed 11
bulkhead return which was lost by surge from hurricane.
The following special condition applies:
Only clean sand or gravel will be permitted within 11 boxed''
bulkhead return.
Project is located on owner • s property off Peconic Bay, as
per application and survey submitted.

-486-
(Continued, October 21, 1991, BOARD OF TRUSTEES)
x 70 1 fixed dock.
Project is located on owner's property off Mecox Bay, as
per application and survey submitted.

PERMITS HELD
An application for permit from D. J. Whelan Marine
Construction, Inc., agent for Robert Hooke, Peconic
Avenue, Southampton Shores, to construct a timber
retaining wall landward of existing bulkhead to prevent
further erosion of the bluff was placed on hold pending
inspection of the site.

-4A7-
NOVEMBER 4, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE


FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,
N.Y. WAS HELD AT TOWN HALL ON MONDAY, NOVEMBER 4, 1991, AT
1 P.M.

PRESENT WERE: President, Edward J. Warnert Trustees


William H. Bennett, Paul w. Parash, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town Attorney John Wourgola.
The minutes of the regular meeting of October 21,

1991, were read, amended, and approved as amended.


William Overs, representing the residents of
Southampton Shores, was present give the Board a petition,
containing 96 signatures, asking that the Trustees

prohibit the driving of vehicles on the Bay beach from the


southwestern end of West Beach to the northeast to the end
of East Beach from May 15th to September 15th each year.
He said some forty cottages are located along this short
stretch of beach known as East and West Beach on Little
Peconic Bay. Also located on this beach is the Colony
Club Beach, serving some 200 families, so, he said, this
section is very densely populated during the summer. He

went on to say that safety was a major concern, so was the


lack of Bay Constables at 1 in the morning when vehicles
are racing around the beach. He said when they call the
Town Police they are told 11
it's not our job 11 • Edward
Warner told him that if anyone drives their vehicle above

-487-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
the high water mark they would then be trespassing on
private property and, When that happens~" you have every
right to call the police~ He also suggested that they put
up no trespassing signs on their property~ Patrick Heaney
told Mr~ Overs that if people are riding on the upland,

the Trustees have no jurisdiction. Charles Isola said


that undesirables also hang out around the pavilion making
alot of noise and if anyone says anything to them, they
are threatened with bodily harm. He said they even

attempted to run the president of the civic association


over when she tried to talk to them. Paul Parash said
this was a definitely a police matter and the abuse would
stop if the police started issuing a few summonses. He
said that even though he is a member of their community,
he does not agree with closing the beach as everyone with
beach front property would be coming in to request banning
4WD vehicles~ John Wourgola told Mr~ Overs that he has
rights as a property owner and said that he would schedule
a meeting in his office together with one member from
their association and a Town police lieutenant.
Thirteen (13) Applications for permit were approved.
Two (2) Applications for permit were held.
CORRESPONDENCE:
Louis McLean Associates: Request that· partial payment
be made to contractor, Mockridge General Contracting,
Inc., for work completed to date on Bay Avenue dock in
Eastport.

-488-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
Allyn Jackson: Request for Trustees' approval to pay
two vouche·rs received from Mockridge General Contracting
for repairs to the East Quogue and Eastport docks. A
letter will be written to Mr. Jackson advising him that
the Trustees have reviewed the work completed thus far On

both dock projects and concur with the Town Engineer 1 s


assessment that the work completed is in compliance with
contract specifications and that they have no objections
to his processing the two partial payment vouchers.
James Bagg/Suffolk County Dept. of Planning:
Memorandum and copy of Environme~tal Assessment Form
regarding the proposed County project to repair the Sears
Bellows Culvert located on County Road 80, Montauk
Highway, Hampton Bays.
Heaney Family: Card of. acknowledgement and
appreciation ·to Trustees for masses to be said for Patrick
J. Heaney at St. Rosalies Church in Hampton Bays and East
Quogue.
Jim Doyle/President of West Lake of westhampton
Association: Letter of thanks for repairs to the middle
dam on Cook's Pond aka Beaver Lake and also applauding the
Trustees' stocking of trout in Beaver Lake.
Southampton Town Conservation Board: Notice of Public
Hearing to consider the application of Thomas H. James for
a Town Freshwater Wetlands Permit. Mardooni Vahradian
will attend.

Roy Haje/En-Consultants: Letter updating the Trustees

-489-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
regarding the application pending approval by the NYSDEC
to place rip-rap along the shoreline of the badly-eroded
peninsula in Water Mill belOnging to his client, Stanley
Moss.
Steve Latham/Attorney for Stanley Moss: Follow up and
alar ification Of Roy Haje 1 s letter and, additionally, to
advise that the DEC has requested Mr. Moss supply them
with several different alternatives for stabilizing the
eroded portion of his property.

us Army Corps of Engineers: Public Notice re: Long


Island Intracoastal Waterway, New York Navigation Project.
Dale Petruska: Copy of summons issued to Raynor Pools
of Patchogue for pumping pool water onto a Trustee road
bordering on Shinnecook Bay. Charles Hamilton of the DEC

also filed a report and took pictures.


NYSDEC: Memorandum regarding the procedure for the
operation of a taped telephone message notification line
for the Flanders conditional shellfish harvest programo
NYSDEC: Notice of complete application received from
Maureen Mangiardi to build on Freshwater Wetlands.
Jim Dreeben: Copies of angry letters sent to the
editor of the Southampton Town newpaper re: Joe Colao, a
Trustee candidate in this year's election.
A motion was made by Paul Parash, seconded by Patrick
Heaney and duly carried to pass the following resolution,
copies of which were sent to Mr. Peters and the Town

Planning Department:

-490-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
RESOLVED, that for the purpose of granting permission
to build on a lot fronting on a Trustee road, the

specifications recommended by the Road Review Committee,


for a portion of Noyac Path, situate north of
Bridgehampton, in connection with the application of

Winslow and Ella Peters are approved, pursuant to the


provision of Article III, Chapter 123, of the Code of the
Town of Southampton.

A motion was made by Paul Parash, seconded by Mardooni


Vahradian, and duly carried to pay for the following bills
out of the Trustees' Special Account:

1. Carol O'Gara office work $844.48


2. Petty Cash replenishment of fund $100.00
3. Yawney Motors repair to vehicle $ 42.47
4. Cornell Cooperative Ext. 1 yr. sub. $ 20.00
Edward Warner reported that he spoke to both Harold
Hawkins and Stanley Michalowski of the us Army Corps of
Engineers regarding the spoil site for the proposed
dredging of the south end of the Shinnecock Canal and said
they are favoring using Meschutt Beach as the spoil site.
Edward Warner read the following Bay Constable report:
I received a call from Steve Malinowski of The Clam
Farm, Fishers Island. He now has 150,000 extra bug

scallops. If the Board wants to buy some at $30. per


1,000 let me know asap. Note: We did not pick up the
scallops order due to the weather.
I called Blue Points in regards to ordering seed clams
(Continued, November 4, 1991, BOARD OF TRUSTEES)
for 1992. The plant which winters over seed has burned
down and we will not know if the order can be filled. He
will let me know in January 1992. I will look for a new
supplier just in case.
I turned over to the Supervisor the estimate from
Rambo to repah Towd Point dock. The estimated cost is

$14,440.

The storm did very little damage to docks and ramps.


We lost a few signs (speed & 4x4), 1 light pole and light
from Red Creek. The Bay Constables and maintenance men
are looking for same.
A Sue Weiss called complaining about steel cables
strung across Sprig Tree Path wb.ich she feels is dangerous
to her and other horseback riders. A Trustee should speak
to her.
Sagg Pond opened by storm and closed a day later.

Inlet on west side. Bay high.


Mecox opened by storm and still running. Channel on
west side. Bay does not drain down as before.
In regard to the estimate to repair M/2' s deck. I
received a price quote from Hampton Shipyard, Inc. in East
Quogue (the builder of the boat) and the cost will be

$7,448. to replace the deck plus an extra $1,885. to


replace the wood window.
A Greg Kruzel, 24 Peconic Avenue, North Sea, was
complaining about the two landings at the end of Shore

Road and Bay Avenue, North Sea. He feels that both

-492-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
landings should be cleaned up by the Town.
The Trustees decided to wait and see if The Clam Farm
lowers their price for the extra bug scallops they have on
hand before placing an addi. tiona! order. Mardooni
Vahradian will call Ms. Weiss regarding her complaint.

Regarding the repairs to M/2, the matter will be discussed

at a further meeting. A memo will be written to Bill


Masterson, Superintendent of Highways regarding the
complaint received from Mr. Kruzel,
A motion was made by Mardooni Vahradian, seconded by
Paul Parash and duly carried to open Mecox on the east
side, Diversified Services and the NYSDEC will be
notified. Bay Constable Dale Petruska will be asked to
put up "Deep Water" warning signs when the cut is made.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED

,P~E RM~I~T~N~0~·~6~0~1~3
7
WALLACE
is issued to Robert Barry, agent for
and JOYCE OAKLAND d/b/a Oakland's Marina, Dune
Road & Road H, Hampton Bays, to install 24 piles on north
dock.
Project is located on·owner•s property off Shinnecock Bay,
as per application and survey submitted.

-493-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
PERMIT NO. 6014 is issued to JOSEPH CORR, 74 Little Neck
Road, Southampton, to renew Permit No. 5465 to reface 65
l.f. of existing bulkheading plus a 13 1 return; to remove
and replace (in same location and configuration) 231 lf of
bulkheading and to repair railway and ramp with concrete.
The following special conditions apply;
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
gradinq has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Old Fort Pond,
as per application and survey submitted.
PERMIT NO. 6015 is issued to Francis Vinski d/b/a F. v.
Outdoor Services, as agent for BRUNO DEMETRIO, Mullen Hill
Road, North Sea, tO repair 80 lof. of existing timber
bulkhead.
The following special conditions apply:
l. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wallQ
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after.
grading has begun; only clean sand or gravel will be
permitted~ No organic top soils are to be placed along
the inside of the new bulkheado
Project is located on owner 1 s property off Peconic Bay, as
per application and survey submitted.
PERMIT NO. 6016 is issued to Whelan Marine Construction,
Inc., as agent for ROBERT HOOKE, Peconic Avenue,
Northampton Shores, Sag Harbor, to construct a 250' timber
retaining wall 13' landward of existing bulkhead plus (2)
10' returns, to prevent further erosion of bluff.
The following special conditions apply:
1. To hinder siltation, the final grading of _disturbed
soils behind the new retaining wall shall be a minimum
four inches below the finished height of the wall.
2. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new retaining wall.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.

-494-
(Continued, November 4, 1991, BOARD OF TRUSTEES)

PERMIT NO. 6017 is issued to En-Consultants, Inc., agent


for RONALD A. KLIMA, 12 Bonita Road, East Quogue, to
reface 75 l.f. of existing timber bulkhead. No dredging.
The following special conditions apply if refacing inside
wall:
l. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off dug canal off
Shinnecock Bay, as per application and survey submitted.
is issued to weber & Pohl, P.C., agent for
~~~~~~. WEINER, 38 Beach Lane, Quogue, to install
a 423 1.£. upland retaining wall.
The following special conditions apply:
1. To hinder siltation, the final grading of disturbed
soils behind the new retaining wall shall be a minimum
of four inches below the finisbed height of the wall.
2. Should it be deemed necessary to add backfill after
grading has- begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new retaining wall.
Project is located on owner • s property off Quogue
Canal-Ogden Pond, as per application and survey submitted.
PERMIT NO. 6019 is issued to En-Consultants, Inc., as
agent for LAWRENCE D1 AMATO, Peconic Avenue, Noyack, to
remove and replace (in same location and configuration)
165 1.£. of timber bulkhead. Proposed bulkhead will
attach to replacement walls to east and west.
The following special conditions apply:
l. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. 6020 is issued to En-Consultants, Inc., agent
for DOMINICK CALLO, 54 Middle Pond Road, Southampton, to

-495-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
remove and replace (in same location and configuration)
bulkhead sections as follows (from north to south): 85 1
n-s section to connect to and be in line with adjacent
Bulkhead to northr 28 1 e-w section forming north wall of
boat slipJ 14 1 n-s section forming west wall of slipr
28 1 e-w section forming south side of slip. Area up to 5 1
off bulkheads and within boat slip will be dredged to 4'
below MLW.
The following special conditions apply;
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final gradiilg of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below. the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted& No organic top soils are to be placed along
the inside of the new bulkhea·a.
Project is located on owner's property off dug canal off
Middle Pond, as per appliqation and survey submitted.
PERMIT NO. 6021 is issued to En-Consultants, Inc., agent
for DIANA EPS'!'EJ:N, One Peconic Bay Avenue, North Sea, to
amend Permit :t4o. 5999 to extend westerly rock return of
revetment by an additional 10 1 to total 30 1 •
Approximately 30 cay~ of clean sand or gravel will be
trucked in to fill void created by s.torm damage.
Project is located on owner 1 s property off Peconic Bay, as
per applica'tion and survey submitted.
PERMIT NO. 6022 is issued to En-consultants, Inc., as
agent for TBOMAS LAVIANO, Bittersweet Lane, NoyaCk, to
remove and replace (in same location and configuration) 94
1. f. of timber bulkhead plus 30' return. Pc;oposed
bulkhead will be in line with and attach to replacement
bulkhead to the east.
The following special conditions apply:
1. Filter cloth backing is to be' installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the fi~al grading of disturbed
soils behind the new bulkheiid shall be a minimum of
four inches below the finished height of the wall.
3. Should it be. deemed necessary to add backfill after:
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner 1 s property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. ~O_Z3 is issued to En-Consultants,. Inc., agent
for WILLIAM MARTENS, Peconic Avenue, Noyaok, to remove and

-496-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
replace (in same location and configuration) 75 !. f. of
storm-damaged bulkhead plus a 30 inch notch on west side.
Proposed bulkhead will attach to replacement walls to east
and west.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall,
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.
PERMIT NO. 6024 is issued to Land Use Compan'y, agent for
ARTHUR SHAPIRO and JAMES PRESSMAN, Daniels Lane,
Wainscott, to restore and replant eroded dune area at
Wainscott. Project will entail· the trucking of
approximately 2, 000 c.y. of clean sand (grain size to
match existing beach sand) and regrade existing scarp to
natural angle of repose. Top of dune area will be
increased in elevation where eroded to coincide with
stabilized elevation at western edge of project. Toe of
dune to be protected with approximately 300 c.y. of 2'-3'
armour stone placed on filter fabric. After installation,
all stone to be buried in finished dune grade to serve as
hurricane toe protection. Once regrading is completed,
all disturbed area to be planted with American Beach Grass
per planting specifications. Snowfence to be installed
along entire dune face to promote stabilization, sand
capture and expansion (snowfence design per USDOA
recommendations} •
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.

""if;---\F,\i;;,F'-"';, ,is issued to SUFFOLK COUNTY DEPARTMENT OF


,r 5 Yaphank Avenue, Yaphank, for the repair
of the Sears Bellows Culvert located on County Road 80,
Montauk Highway, Hampton Bays. The work consists of
repair of 62 s. f. of spalls at both ends of the existing
concrete culvert and the placement of 7 c.y. of stone
rip-rap on 14 s.y. of filter fabric to restore the eroded
slope adjacent to the cu.lvert outfall. This repair is
necessary to retain the integrity of the structure.
Project is located on owner's property off Munn's Pond, as
per application and survey submitted.

-497-
(Continued, November 4, 1991, BOARD OF TRUSTEES)
PERM ITS HELD

An application for permit from Mockridge General


Contracting, Inc., agent for Ralph and Florence
O'Shaughnessy d/b/a Hidden Cove Resort, 33 West Tiana
Road, Hampton Bays, to construct a 4' x 36' fixed dock, 4'
x 10' ramp and 6' x 100' floating dock with 16 mooring
piles was placed on hold pending further review of the
application.
An application for permit from Land Ose Company, agent
fol: Triple 11 0 11 Associates, Noyack Bay Avenue, Noyack, to
construct a 4' x 50' fixed elevated (4' over grade) dock,
3' x 30' ramp and (4) 6' :K 20' floating docks was placed
on hold pending further review of the application.

-498-
NOVEMBER 18, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, NOVEMBER 18, 1991,


AT l P.M.
PRESENT WERE: President, Edward J. Warner; Trustees
William H. Bennett, Paul W. Pa.rash, Patrick A. Heaney,
Mardooni Vahradian and Deputy Town AttorneY John Wourgola.
The minutes of the regular meetinq of November 4,

1991, were read, amended, and approved as amended.

Marilyn Forman, representing the homeowners and/or


residents of the area abutting and fronting on Hayground
Inlet, Oliver's Cove Road, Rose Hill Road and Montrose
Court, was present to petition the Trustees to prohibit
all hunting activities in the areas bordering on and
bounded by said inlet and roads. She handed in a petition
signed by 45 families and asked the Trustees for their
help in keeping hunters out of their front yards. She
said the homeowners are afraid to walk on their property
from the start of hunting season till it ends and she
asked the Trustees to come and look at the Hayground Inlet
area and see what is going on there as many people are
upset and frightened by this situation. They find dead or
injured waterfowl on their decks and watch hunters with
dogs crossing their property to retrieve the waterfowl.
She said she is afraid to let her own dogs outside for
fear they will be shot. Edward Warner told Mrs. Forman

-499-
(Continued, November 18, 1991, BOARD OF TRUSTEES)
that he will have Sr. Bay Constable John Andersen send
some Constables to her area to check. out the duck. blinds
and hunters and report back. to the Trustees.
Aram Terobunian of First Coastal Corporation was
pi'esent to discuss a dun·e restoration project his company

is scheduled to do involving five properties fronting on


the Atlantic Ocean off Murray Lane and Olde Towne Road in
Southampton. He said he has already approached Chuck
Hamilton of the NYSDEC and received their approval. He
gave each Trustee a copy of the proposal fo[ the project
which calls for tr·uoking in two-thirds of the sand and
scraping one-third of the sand from the beach to rebuild
the dunes and answered all the Trustees' questions. The
project received the Boards' approval and Mr. Terchunian
was asked to submit an applicatipn for permit for each
homeowner involved.
Ten (10) Applications for permit were approved.
Two (2) Applications for permit were heldo
One (1) Application for permit was denied.
One (1) Pot permit was approved.
CORRESPONDENCE:
Allyn Jackson: Memo regarding his plans to install
electric service at the Shinnecock Inlet Trustee Basin and
asking if there would be any reason that the Trustees
would not want him to proceed with this project. A letter
will be sent to Mr. Jackson stating that the Board

approves of installing electricity for each boat s use and 1

-500-
(Continued, November 16, 1991, BOARD OF TRUSTEES)
agrees with raising the dock fees to offset the cost of
installation.
Alexandra Baker: Letter stating that the recent ocean
storm forced open a cut at Mecox Bay and the mouth of the
cut has migrated west across her property and demands that

the cut be closed immediately. A copy of Mrs. Baker's


letter was sent to Mark Krieg, attorney handling the case
for the Town of Southampton.
John Johnsen/Louis McLean Associates: Request for
Trustees' approval for partial payment :JI:2 totaling
$13,341.52 to be sent to Mockridge General Contractors re:
work completed to date on Bay Avenue bulkhead in East
Quogue. A letter will be written to Allyn Jackson giving
Trustees' approval for payment.
Paul Bosselman: Letter calling attention to a problem
that exists at Cuey Marina in Hampton Bays re: their
floating docks being replaced· at ramdom, boats adrift and
submerged in Alanson Creek blocking navigation. Sr. Bay
Constable John Andersen will be asked to send a bay
constable to check out Mr. Bosselman's complaint.
Benjamin Gertz: Letter stating he is a taxpayer but
lives in New York City and does not own a car. However,
when he comes out to his Bridgehampton residence he rents
a 4WD station wagon and wishes to obtain a 4WD permit to
enable him to drive on the Town beaches. John wourgola
will reply.

-501-
(Continued, November 18, 1991, BOARD OF TRUSTEES)
Patricia Neumann: Letter regarding partially
submerged dock. that washed up in the water outside the

house of Mrs. Tagliavia in Bay View Oaks. Sr. Bay


Constable John Andersen will be asked to see if he can
locate the owner of the dock or to make arrangements to

have the maintenance men haul it away.


John Green: Request for copy of Trustees' decision
regarding the closing of East and Wes.t B.each, Southarlipton
Shores, to vehicular traffic. A copy of the November 4,

1991, minutes will be sent to Mr. Green.


Ricba_rd Lavalle/Suffolk County Dept. of Public Works:
Letter regarding repairs to Beaverdam Bridg~ and the
proposed dredging of Beaverdam Greek.
Byron Young/NYSDEC: Request that DEC representative
and and the department's contractor be permitted to drive
on the Southampton Town ocean beaches .during a series of
striped bass projects around Long Island. John Wourgola
will reply.
John Bredemeyer/Southold Town Trustee~ Joseph Sawicki,
cc: Trustees: Letter regarding research done on Andros
Patent and U.S. commemorative fifty cent piece struck in
1936 on the 250th anniversary of the founding of Albany.

Michael Bottini/Group for the South Fork, Richard


Fernan/Chairman ZBA, cc: Trustees: Variance request of
Aristotle Bournazos to expand a non-conforming building by
adding a second story to an existing structure on property
that lies· in a flood-prone area adjacent to Great Peconic

Bay.
-502-
(Continued, November 18, 1991, BOARD OF TRUSTEES)
Other correspondence not read was noted.
A motion was made by Paul Parash, seconded by Patrick
Heaney and duly carried to pay for the following out of
the Trustees 1 Special Account:
1. William Tortorella refund of 4WD appl. fee $ 5.00

2. Deluxe Silk Screening 1992 ramp/4WD stickers $978.65


A motion was made by Mardooni Vahradian, seconded by
Paul Parash and duly carried to open Sagg Pond. Terry
Contracting and the NYSDEC will be notified.

Mardooni Vahradian reported that he spoke to Sue Weiss


regarding the steel cables strung across various entrance
points to Sprig Tree Path and told her they would be
removed shortly. Patrick Heaney told the Trustees that
the Trails Preservation Association has offered to install
cut telephone poles in lieu of the cables to help keep out
motorized vehicles if the Trustees will supply the poles.
Sr. Bay Constable John Andersen will be asked to have the
maintenance men contact Mr. Vahradian regarding
installation of the poles on Sprig Tree Path.

Edward Warner said he received a call from Michael


Mampreyan who reported finding bug scallops east of
Northwest Harbor.

Edward Warner read the following Bay Constable report:

Mecox Inlet: Clifford Foster has closed the inlet on


the west side and has completed the trench with the
bulldozer before opening with the crane. All the spoil

will hopefully be moved to the west side. I spoke to the

-503-
(Continued, November 18, 1991, BOARD OF TRUSTEES)

operator of the payloader to start filling in the west


channel on the Bay side. The Highway Department will
bring a payloader down to Mecox and move sand from east

side to the west. I would like to have· the Trustees meet


me as soon as possible at Mecox to go over the placement
of the above sand.
Scallops: On Friday, November 15th, the bug scallops
were picked up and placed in the following waters: Sag
Harbor S,OOOt Noyac Creek 8,000; North Sea 8,000; West
Neck 6,000; Cold Spring 6,000; Pine Neck Point 6,000;
Rampasture Point 6, Ooo; n/s Warners Island 6,000; and

East Shinnecook Bay 6, 000. Note the order was for


50,000 and we received 60,000. The 10,000 extra was at no
cost to the Town.
Pictures of Ocean Beach at Meoox: These are some of
the pictures taken at ocean beach by Mecox after the
Halloween storm. More pictures were taken with Bay
Constable Sadleir s 1
35mm camera which should be clearer.
Those pic-tures, when developed, wil~ be turned over to the
Trustees. I recommend putting them in the Baker file.
The meeting on motion was adjourned.

Respectfully submitted,

/, '
/)' _,/ / . '~ -'7!'~/
'-~ ~/ ~:"
/
-,
--
-- ~-~- __,___
. •__ ,

William H. Bennett, Secretary

-504-
(Continued, November 18, 1991, BOARD OF TRUSTEES)
PERMITS ISSUED

PERMIT NO. 6026; is issued to MARTIN LISTL and LuANN


LENO-LISTL, 8 Peconic Crescent, Hampton Bays, to replace
(in same location and configuration) 95 l.f. of existing
timber bulkhead and to raise the height to be in line with
adjoining b~lkheads to the east and west.
The following special conditions ap~ly:
1. Filter cloth backing is to be ~nstalled on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill
between the new and old bulkhead walls. No organic top
soils are to be placed along the inside of the new
bulkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PERMIT NO. 6027: is issued to NEW YORK TELEPHONE, 501
North Ocean Avenue, Patchogue, to install a fiber optic
submarine cable across the Peconic River adjacent to an
existing submarine cable. The work would consist of
dredging a trench measuting 210 feet long and 18 inches
wide to a depth of 6 feet below MLW. Approximately 800
cubic feet of material may be removed and replaced.
Project is located at McDermott Avenue, Riverhead, in
Peconic River.
is issued to En-Consultants, Inc., as
VENTURES LTD., 9 Duck Point Road,
Remsenburg, to construct a 4 1 x 20 1 walk from bulkhead
through phragmites area to lawn and to construct a 5 1 wide
walkway landward of entire length of bulkhead.
Project is located on owner 1 s property on dug canal off
Moriches Bay, as per application and survey submitted.
is issued to En-Consultants, Inc., agent
, 3667 Noyaok Road, Noyack, to replace
(within 18 11 ) 74 l.f. of existing timber bulkhead and raise
the height to be in line with adjoining bulkheads to the
east and west. Easterly 10 1 retutn will also be replaced
and extended by 5 1 •
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation
through the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
(Continued, November 18, 1991, sqARD OF TRUSTEES)
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No Organic top soils are to be placed
along the inside of the new bulkhead.
Project is located on a·wner•s property off Noyack Bay, as
per application and survey suOmitted.
PERMIT NO. 6030: is issued to En-Consultants, Inc., agent
for RALPH DAVIS, 3649 Noyac Road, Sag Harbor, to replace
(within 18 11 ) 62 Lf. of existing timber bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bUlkheading to ,prevent sedimentation
through the wail.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height' of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel' will be
permitted. No organic top s'oils are to be placed
a10ng the inside of the new bulkhead.
Project is lo_cated on owner • s property of_£ Noyack Bay, as
per application and survey submitted.
PERMIT NO .. 6031: is issued to First Coastal Corporation,
agent for WILLIAM T. CONDREN¥ Olde Towne Road,
Southampton, to execute dune r.estoration project including
trucking and regrading sand, erecting sand fence and
planting-beach grass as described in attached proposal.
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.
~~~',~~,J~~,. is issued to First Coastal Corporation,
KRAMER 6 Murray Lane, Southampton, to
execute dune restoration project' including trucking and
regrading sand, erecting sand fence and planting beach
grass as described in attached proposal.
Pro·ject is located on owner's property off Atlantic Ocean6
as per application and survey submitted.
PERMIT NO._ 6033: is issued to First Coastal Corporation,
agent for BERNARD Ml'::NDIK, Murray Lii'ne, Southampton, to
execute dune restoration project including trucking and
regrading sand, erecting' sand fence and planting beach
grass as described in attached proposal.
Project is located on owner's property off Atlantic Ocean6
as per application and survey submitted.
PERMIT NO. 6034·: is issued to First Coastal Corpor;ation,
agent for PE~ER and STELLA SICHEL, Murray Lane,
Southampton, to execute dune restoration project including
trucking and regrading sand, erecting sand fence and
(Continued, November 18, 1991, BOARD OF TRUSTEES)
planting beach grass as described in attached proposal.
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.
PERMIT NO. 6035: is issued to First Coastal Corporation,
agent for IRVIl'3G L. ROUSSO, Murray Lane, Southampton, to
execute dune restoration project including trucking and
regrading sand, erecting sand fence and planting beach
grass as described in attached proposal.
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.
PERMITS HELD
An application for permit from Land Use Company, agent
for Triple "D" Associates, Noyack Bay Avenue, Noyack, to
construct a 4' x 50' fixed elevated (4' over grade) dock,
3' x 30' ramp and (4) 6' x 20' floating docks in Noyack
Bay remains on hold pending receipt of an easement
agreement submitted in form subject to Board's counsel.
An application for permit ftom En-Consultants, Inc.,
agent for Alfred DelRey, Jr., 480 Dune Road, westhampton,
to construct a 4 1 x 60 1 fixed elevated walkway, 3' x 12'
hinged ramp and 6' x 20' floating dock in Moriches Bay was
placed on hold pending clarification of the gain in depth
of water by the construction of a 60' walk vs. 30'.

PERMITS DENIED
An application for permit from Mockridge General
Contracting, Inc., agent for Hidden Cove Resort to
construct a 4' x 36' fixed dock, 4' x 10' ramp and a 6' x
100' floating dock with (16) triooring piles in Tiana Bay
has been denied without prejuidice for the following
reasons:
1. Proposed use is too intensive for its location
which is in the shallow, brackish headwater feeding into
Tiana Bay. In reality, this will serve as a private
marina for the motel.
2. The proposed 100 feet long float will seriously
impede the normal flushing action of the natural drain
that leads into the tidal pond and wetland behind the
proposed float.

POT PERMITS ISSUED


PERMIT NO. PT39 is issued to PETER R. WANDEL, Glover
Street, Sag Harbor, to place pots on Trustees' bottom in
Town of Southampton waters for 1991.

-507-
l>ECEMBER 2, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, DECEMBER 2, 1991, AT

1 P.M.

PRESENT WERE: President, Edward J. Warner: Trustees

William H. Bennett, Paul W. Parash, Mardooni Vahradian and


Deputy _Town Attorney John Wo.urgola.

The minutes of the regular meeting of November 18,

1991, were read, amended, and approved as amended.

Retired Trustee Frank Smith was present to


congratulate the Board upon their re-election to office.

L. Barry Smith was present to discuss h.is letter and

meet the Trustees to answer any questions they might have

regarding his bid to replace Patrick A. Heaney as Trustee.

Stepqen Grossman, representing his client Mr. Fabiano,

was present together with Lynn Gordon representing the

Southold Savings Bank. Mr. Grossman said his client

intends to purchase one of the lots that \'las foreclosed by


the bank located in a minor subdivision located off Cedar

Point Lane in Noyack. He said the property is improved

with a dwelling but, since the house was built, the access

to the property has not been used and has since become

overgrown .. Pursuant to a covenant attached to the

property, and since the ptoposed driveway runs directly


through a surface water quality control buffer, the

-508-
(Continued, December 2r 1991, BOARD OF TRUSTEES)
applicant needs the permission of the Trustees in order to
reclear this access. John Wourgola told Mr. Grossman that
a letter will be written to the Town Conservation Board
asking for their input and recommendations and the matter
taken up at the next Trustee meeting.
Senior Bay Constable John Andersen was present to
discuss the following: Cliff Foster dug the channel at
Mecox. The inlet is openr running great and the bay is
down. Terry Construction moved the spoil to close off the
west channel, which took him four days to accomplish.
Foster also opened Sagg Pond on Friday, November 30th.
Tom White gave him two pictures of the west side of
Mecox taken in 1962 showing the cars put in by James
Burnnett after a northeast storm. He showed the Trustees
where the cars were piled on the east end of Flying Point
Road, which is now where the last three new houses are
today. Also, he said, in 1972 a northeast storm did wash
out the area again and James Burnnett put in more cars to
collect the sand and build up the land again. He told the
Trustees ~hat he will see if he can find pictures for
1972. He also showed the Trustees pictures taken by Bay
Constable Sadleir with his 35mm camera at the ocean beach
by Mecox after the Halloween storm which were much clearer
than the pictures taken with the instant camera.
A Mrs. Tagliavia wrote Councilwoman Neumann regarding
a partially submerged dock that washed up in front of her

property on Fresh Pond. Bay Constable Kohnken checked out

-509-
(Continued, December 2, 1991, BOARD OF TRUSTEES)
same and found it was a piece of bulkhead instead. A

letter was sent to Councilwoman Neumann stating that we


will remove the piece of bulkhead.
Bosselman complaint regarding Cuey Marine on
Foster/Guzzle Creek. Bay Constable Malone is still
working on complaint. Code Enforcement Officer Steve
Frano had the owner remove boats and junk cars. Building
Department is looking into other violations. Still do not
know what jurisdiction Trustees have since this is a man
made private canal.
Bullhead Yacht Club regarding storm moorings. I spoke
to , Bay Constable Kohnken about the request from the club
to leave in their moorings f·or 3 to 5 years. He does not
feel the Trustees should change their rules.
Car at Camps Pond. Bay Constable Kohnken checked the
VIN number on abandoned car, which came back to Universal
Salvage in Southampton. He is checking on who they sold
the car to.
Chief Overton has requested that the Bay Constables
check Dune Road at the washed out area for access
permits. Bay Constable Sadleir arrested 5 people for
breaking into homes. We check the road at lea.st three
times a day, except the days we are off, and this will
continue till sometime this spring.
I spoke to Mr. Munson, the chief officer at the
Shinnecock Coast Guard Station. He is going to see about
a temporary buoy for the jetty on the east side of the

-510-
(Continued, December 2, 1991, BOARD OF TRUSTEES)
Sbinnecock Inlet as complaints were received that it is a
hazard to navagation.
All the Bay Constables completed the night firing
course put on by the Town Police November 25 and 26.
Picked up the new boat trailer from Spellman's J>larine,
who was the low bidder.

I have spoken to NYSDEC Officer Hatch regarding the


goose pit on Lee Berglin' s property and also duck blind on
same property in regards to distances from road and house.
He told the Board he would like to clear the air
between the Bay Constables and the Trustees. He said
there has been talk of the Bay Constables being requested
to work weekends all year round and he would like to know
the Boards' intentions. Edward Warner said that, after
the first of the year, the Trustees would like two men to
work each weekend. One east of the bridge and one west of
the bridge. After a long discussion, it was decided to

schedule a meeting for sometime in January between the


Trustees and Bay Constables to discuss various issues.
Eight (8) Applications for permit were approved.
One (1} Application for permit was held.
CORRESPONDENCE:

Patrick A. Heaney: Letter of resignation from Board


of Trustees effective November 20, 1991, in order to
assume new position as a member of the Southampton Town
Board.

-511-
(Continued, December 2, 1991, BOARD OF TRUSTEES)
Dr. & Mrs. Giles Formant Complaint regarding the
beginning of waterfowl hunting season and the duck blinds
in front of their house on Hayground Cove. John Wourgola
will reply.
John Wourgola: Status of title issue re: access point
to Big Fresh Pond.
Marie Tufa: Request for Trustees' support of a plan
to extend, replenish and preserve the barrier beaches re:
Westhampton Dune Road homeowners of the washout area.
Stephen Grossman/Attorney for Fabiano: Request for
permission to install culvert to enable buyer to have
usable access to his property re: minor subdivision off
Cedar Point Lane in Noyack access to which crosses over
surface water quality control buffer. Letter will be
referred to Conservation Board for their recommendations
and matter taken up again at the next Trustee meeting.
Supervisor Stavropoulos: Copy of resume for Jon
Semlear \4b.o would like to be considered for the position
of Trustee.
Joseph Lawrence/President, Pinesfield Property Owners
Association: Letter granting Trustees permission to pass
and re-pass over their property for the purpose of
removing dredge spoil material from Carter Creek and also
listing their terms and conditions.
Alan Deutsch/Attorney for NYS Dept. of Labor:
Notification of assessment of penalties re: November 9,

1989, safety and health violations at marine maintenance

-512-
(Continued, December 2, 1991, BOARD OF TRUSTEES)
shops that have not been corrected. John Wourgola will
reply stating violations have been corrected and to call
Sr. Bay Con.stable John Andersen to arrange for a
reinspect ion ••
Anthony Longo: Request for refund of permit fees paid
in 1990 for dock that was never constructed. John
Wourgola will reply.
Silvia Lehrer/Olivera Cove Lane: Objections to
waterfowl hunting in her area. John Wourgola will reply.
Alan McFarland/Ram Island: Objections to duck blinds
in Bullhead Bay off Sebonac Inlet Road. John wourgola
will reply.
Carol Miller/Sebonac Inlet Road: Objections to

waterfowl hunting in her area. John Wourgola will reply.


Lienal Pincus/Ram Island: Objections to new duck
blind near the entrance to Ram Island in Bullhead Bay.
John Wourgola will reply.
Kenneth Thommen: Copy of resolution re: installation
of electrical service for commercial vessels at the
Southampton Town Trustee boat basin .in Hampton Bays.
Kenneth Thommen: Copy of resolution re: amendment of
rules and regulations for dock holders.
Roy Haje/En-Consultants: Request for letter endorsing
rip-rap project for Stanley and Jane Moss. Letter will be
written stating that the Board strongly endorses the
proposed project so as to prevent further erosion and loss
of sand into the adjacent channela

-513-
(Continued, December 2, 1991, BOARD OF TRUSTEES)

Patricia Neumann, Sr. B/C John Andersen, cc: Trustees:


notification that Bay Constables will remove submerged
dock in the water outside the house of Mrs. Tagliavia in
Bay View Oaks.
A motion was made by Paul Parash, seconded by Mardooni
Vahradian, and duly carried to pay for the following bills
out of the Trustees' Special Account:

1. NYSDEC 3 permits/ramp reconstruction $630.00

2. Carol O'Gara office work $502.32

3. Mockr idge Gen. Con. refund/dock fees $472.00

4. The Traveler-watchman 1 year sub. $ 17.00

5. Henry ll. Geant refund/4wo,Ramp fees $ 10.00


6. Lynda O'Gara office help $ 56.00
Edward Warner reported·that he spoke to the foreman of
the Highway Department and was told that their equipment
was too small to handle the moving of the sand at Meoox.
'l'erry Contracting was hired to do the job and the cut on
the west side that was formed by the Halloween storm is
now closed. The bay is now running through the cut made

on the east side by Diversified services. He said he also


spoke to Chuck Hamilton regarding the delay in receiving
DEC permits for the repair of three Trustee ramps and was
told the paperwork was left in a box and just recently
found. Mr. Hamilton apologized and said the applications
would be processed shortly so that the Trustees could go
out to bid.

-514-
(Continued, December 2, 1991, BOARD OF TRUSTEES)
Paul Parash said he would not object to the Bullhead
Yacht Club leaving a few storm moorings in for three years.
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMI'l'S ISSUED

is issued to En-Consultants, Inc., agent


COURT ASSOCIATES, Sandpiper Court,
Westhampton, to maintenance dredge a soo• x 10' area to 4'
below MLW and place 375 c.y. of dredged material on the
west side of canal to Lot 15 at Bay Meadows Subdivision.
Project is located on owner's property on dug canal off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 6037 is issued to Mockridge Marine
Construct1on, agent for ALEX NAGLE, 37 Tuthill Lane,
Remsenburg, to replace (within 18") 168 l.f. of timber
bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
.:. ...,. ~ ..... ,;. ... ~ ... .:. ... ~~ new bulkhead.
Project is located on owner • s property on dug canal off
Moriches Bay, as per application and survey submitted.
PERMIT NO. 6038 is issued to En-Consultants, Inc., agent
for JAMES FRANCOLIN!, Nautilus Drive, Hampton Bays, to
install four (4) mooring pilings 12• off the corners of
the floating dock. Four (4) additional pilings will be
placed off fixed walk as indicated to support a boat lift.
Project is located on owner•s property off Shinnecock Bay,
as per application and survey submitted.
-515-
(Continued, December 2, 1991, BOARD OF 1RUSTEES)
PERMIT NO. 6039 is issued to En-Consultants, Inc., as
agent for IRENE ALLEN, Mullen Hill Road, North Sea, to
remove and replace (in same location and configuration)
westerly 25 l.f. of bulkhead. Remaining .57 l.f. of
bulkhead will be tapered back a maximum of 8 1 landward on
east property line where it will connect to neighbors
bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PERMIT .NO. (i040 is issued to En-Consultants, Inc., agent
for WILSON MADDEN, JR., Clearview Drive, Noyack, to
construct a new 210 l.f. timber bulkhead directly in front
of an existing concrete sea wall. Proposed bulkhead will
be as close as possible to concrete wall , bUt due to
submerged footing and slope of wall, top may be 30"
beyond. Buttresses of old wall will be removed.
the following special conditions apply:
1. New bulkhead must connect t.o adjoining Oulk.heaQs to the
east and west.
2. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
3. ~o hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill after
grading has begun, only olean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Peconic Bay, as
per application and survey submitted.
PERMIT NO. 6041 is issued to En-Consultants, Inc., agent
for MAa.Y ANN HILDRETH, Flying Point Road, Southampton, to
place stone across eroded area at landward end of steel
bulkhead return and backfill with 100 c.y. of sand to
elevation of top of bulkhead. Backfill was eroded by
exceptionally high tides of storm on October 30, 1991.
Project is located on owner's property off Atlantic Ocean,
as per application and survey submitted.

-516-
{Continued, December 2, 1991, BOARD OF TRUSTEES)
PERMIT NO. 6042 is issued to Costello Marine Contracting
Corp., as agent for JOAN SCHMITZ, Bluff Point Road, Sag
Harbor, to construct 100 l.f. timber batter style bulkhead
with 7' return on e/s. New bulkhead will connect to
neighbors bulkhead to the west. Reinstall existing stairs
from top of bulkhead to beach.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils beh,ind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Morris Cove, as
per application and survey submitted.
PERMIT NO. 6043 is issued to Costello Marine Contracting
Corp., agent for LAUREN COPEN, Bluff Point Road, Sag
Harbor, to construct 93 l.f. of timber batter style
bulkhead with 10' return on w/s. New bUlkhead will
connect to neighbors bulkhead to the east.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be ··a minimum of
four inches below the finished height of the wall.
3. Should it be deemed necessary to add· backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property off Morris Cove, as
per application and survey submitted.
PERMITS HELD
An' application for permit from En-Consultants, Inc.,
agent for Newfy Inc., Dune Road, East Quogue, to construct
a 14' in-line extension of existing bulkhead and a 37'
angled return terminating at northeast corner of deck of
restaurant was placed on hold pending further review of
the application.
MOORING PERMITS ISSUED
PERMIT NO. 91-173 is issued to THE FRIENDS OF LAKE
NOWEDONAH, P. 0 .. Box 900, Water ~ill, to place a 20' pole
in marshland on Mill Pond (Lake Nowedonah), Water Mill,
Town of Southampton, to secure an osprey nesting
structure, as per application and survey submitted.
-517-
DECEMBER 16, 1991

THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

N.Y. WAS HELD AT TOWN HALL ON MONDAY, DECEMBER 16, 1991,

AT 1 P.M.
PRESENT WERE: President, Edward J. Warner~ Trustees

William H. Bennett, Paul w. Parash, and Mardooni Vahradian.

The minutes of the regular meeting of December 2,

1991, were read, amended, and approved as amended.

Walter Lane and Roger Kozofsky representing the


1
Southampton Baymen s Association were present to request

that the Trustees open the same areas for long lining as

last year. A motion was made by Mardooni Vahradian,

seconded by Paul Parash and duly carried (Edward warner

abstained) to pass the following resolution:

RESOLVED: At sunrise, January 2, 1992, the fol·lowing

areas will be OPENED as an "Experimental Cultivation Area"

to the taking of hard clams by "LONG LINING'', not to

exceed use of a 40 HP outboard motor:

SHINNECOCK BAY: from the Peconic Road ramp along the

northerly shore to Jackson 1 s Marina, from Mariner 1 s Cove

Marina to Cormorant Point, from Cormorant Point to the

north east end of the bulkheading at the Coast Guard

Station, staying 150 feet from shore.

WEST SHINNECOCK BAY: that area east of Mermaid Lane

from the Old Coast Guard Channel running from the pavilion

to the Intra-Coastal Waterway, then east to the Ponquogue

Bridge.

-518-
(Continued, December 16, 1991, BOARD OF TRUSTEES)

Regular clamming will continue. There is to be "NO


TOWING OF THE RAKES" in these designated areas. No
special permit is required. These areas will be CLOSED to
11
"LONG LINING at SUNSET, March 31, 1992. Notice to be
published.

Walter Lane also thanked the Trustees for having an


oyster transplant this year. He said 99 1/2 percent of
the transplanted oysters lived and, additionally, ne was

pleased that oysters in Mecox Bay had a set.


Richard Zimmer and Donald Coleman were present
representing the homeowners living on Millstone Brook
Road. They said during heavy rains runoff from the
freshwater wetlands across the road travels through a big

rain pipe into their dug canal. The water is eddying


outside of the private canal thus causing the sand to
block off their canal entrance. Edward warner told them
they should apply for a Trustees' permit to dredge and
possibly one from the DEC. Mr. Zimmer said why should we
have to get permits, the drainage easement was given to

the Town of Southampton and the Highway Department clears


the rain pipe when it gets plugged. Mr. Warner told them

the Board will look into the matter and get back to them.
Bruce Anderson was present to discuss the educational

mailing he is working on for the Trustees regarding the


devastating effect runoff from lawn fertilizers is having
on all the bays and ponds in the Town. He gave each

Trustee a rough copy to review and said he will also

-519-
(Continued, December 16, 1991, BOARD OF TRUSTEES)

develop two alternative messages to present to them at


their next meeting. William Bennett said most people
overfertilize to obtain lush green lawns and the best
protection for the Town's waters would be not to use any
fertilizers. Mr. Anderson said we will have to impress
upon the tesidents that they will have to give up their
nice lawns in exchange for clean water.
Mr. Farrugia, representing the residents of North
Haven whose properties are on or adjacent to Fresh Pond,
was present to urgently request that the Trustees arrange
to re-open the natural channel from Shelter Island Sound
into Fresh Pond. He said Hurricane Bob and the Halloween
Storm have closed this opening, thus compromising the
ponds' viability as a wildlife~ waterfowl and fish
habitat. He went on to say that without tidal flushing

these creatures cannot survive especially during the


summer months. He also submitted to the Board a petition
containing 24 signatures. Edward Warner told him that the
Trustees will schedule a full board inspection of the area
on January 6th and make a decision then. Additionally,
Bay Constable Christopher Kohnken submitted a detailed
field report regarding the shoaling of the inlet to Fresh
Pond to the Board together with pictures he recently tookQ
William Swan was present to speak to the Trustees
regarding the dredging of Wreck Channel into Triton Lane
on Dune Road, East Quogue. He said he filed application

papers with the NYSDEC and Ar.my Corps of Engineers, copies

-520-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
of which were given to the Trustees. He said he wishes to
maintenance dredge 3,000 c.y. of material from the 460

foot long channel and 550 c.y. of material from the


existing basin. The spoil would be place.d on ocean beach
land off Triton Lane (known- as Hot Dog Beach) owned by

Shore lands, Inc. Mr. Swan was given an application for

permit to submit to the Trustees when be receives his


State permits.
Dr. Osgen Ketcham, 315 Royal Avenue, Flanders, was
present to discuss a problem he is having with his
property in Flanders which fronts on a canal. He said the
sand is washing away in front of his home because of the
next door lot owned by the Waters Edge Civic Association
which is not bulkheaded. He was wondering if he would be
allowed to bulkhead their lot if he paid all the costs

involved. Edward warner told him he would have to get


permission in writing from the Association before

submitting an application to the Trustees.


Five (5) Applications for permit were approved.
CORRESPONDENCE:
Richard Fox, NYSDEC: Letter together with application

to renew current Shellfish Culture Permit for the calendar


year 1992. A motion was made by William Bennett, seconded
by Paul Parash and duly carried authorizing Trustee
President Edward J. Warner to sign the renewal form.
Craig Furrer: Letter regarding purchase requisitions
for 1992 purchases.

-521-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
Herbert Meinert: Letter of thanks for the Trustees'
support to retain the County dredge.
Dawn Tuttle: Letter regarding change in workers'
Compensation benefits per the contract between the Town of
Southampton and the Southampton Town Unit of Civil Service
Employees Association, Inc.
Cornell Cooperative Extension: December issue of 11
0n
The Water 11

Robert Thurber/NYSDEC, Scott Dobriner/Inter-Science


Research Associates, co: Trustees: Letter requesting
further information regarding the dredging of Hayground
Cove Inlet.
Maria Brennan and Phil Gay, ~r.: Petitionv con~aining

223 signatures, reading as follows: We, the undersigned


residents and Freeholders of the Town of Southampton, do
hereby petition our Trustees to protect our Patent rights
of hunting and fowling in and around Hayground Cove in
Water Mill.. The management and control of these rights
are the duties of the Trustees for all the inhabitants of
the Town, not for just a few. The undersigned request
that the Trustees refuse the Petition to deny these Patent
rights in and around Hayground Cove. To our knowledge,
there has been no incident where either person or animal
has been hurt due to the exercise of these rights that
have been in existence for over three hundred years.
Other correspondence not read was noted.

_t;??-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
A motion was made by Edward Warner, seconded by
Mardooni Vahradian and duly carried to pass the following
resolution:
RESOLVED, that Scott A. Strough is hereby appointed to
the Board of Trustees of the Freeholders and Commonalty of

the Town of Southampton to fill the vacancy created by the


resignation of Patrick A. Heaney, effective December 18,
1991.

A motion was made by William Bennett, seconded by Paul


Parash and duly carried to pass the following resolution:
RESOLVED, that the Trustees' secretary bet and hereby
is, authorized to publish the following public notice:
THE BOARD OF TRUSTEES OF THE FREEHOLDERS AND
COMMONALTY OF THE TOWN OF SOUTHAMPTON, N.Y. hereby give
notice that their meetings will be b.eld on the first and
third Monday of each month in the year 1992, with the
exception of those Mondays that fall on a Town holiday, in
which case notice will be published as to the change of
date.
A motion was made by Paul Parash, seconded by Mardooni
Vahradian and duly carried to pay for the following out of
the Trustees' Special Account:
1. Scavin Insurance 2 bonds/Warner & Bennett $340,00

2. Rodney Cohen refund/4WD sticker fee $ s.oo


A motion was made by William Bennett, seconded by Paul
Parash and duly carried to pass the following resolution:
RESOLVED, that the Trustees' secretary be, and hereby

-523-
(Continued, December 16, 1991, BOARD OF TRUSTEES)

is, authorized to publish the following notice to bidders:

NOTICE IS HEREBY GIVEN, that the TRUSTEES OF THE

FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON,

will receive bids for one (1) 1992 Four Wheel Drive

Vehicle, meeting the specification's which are available to

the public at the Trustees Office at Southampton Town

Hall, 116 Hampton Road, Southampton, N.Y., between the

hours of 8:30A.M. and 4 P.M., Monday through Friday.

All bids to be submitted in sealed envelopes,

accompanied by a non-collusion clause. Bids to be opened


at a regular Trustee meeting to be held at Town Hall on

January 22, 1991 at 2 P;;M. and must be submitted to the

Trust'ees Office prior to 10 A.M. the day of said meeting.

The Trustees reserve the right to reject ail bids.

A motion was made by Mardooni Vahradian, seconded by

William Bennett and duly carried to send a letter to the


Town Council requesting that they pass the following

resolution at the next Town Board meeting:

RESOLVED, that the Trustees of the Freeholders and

Commonalty of the Town of southampton shall be appointed

as Special Bay Constables of the Town of Southampton for

the year 1992 with all duties and authority provided by

the laws of the State of New York.

Edward Warner reported that he attended the Public

Hearing at Riverhead ~own Hall sponsored by Assemblymen

Joseph Sawicki and John L. Behan on December 14th which

was held to assess the status of fisheries in New York

-524-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
waters and to study possible changes in restrictions on

finfishing and shellfishing methods. He said some of the


matters discussed were the need for increased retrictions;
limits on commercial draggers; the State's current striped
bass rules; the recently enacted limit on bluefish; ·the

quality of the State's enforcement of existing rules; the


controversial saltwater fishing license i' pollution in the
bays and whether more authority should be given to the

State Department of Environmental Conservation. Mr.


Warner said it was an interesting meeting which he enjoyed.
Edward Warner read the following Bay Constable report:
I received a call from a Mr. Farrugia who lives on

Fresh Pond in North Haven. He said tbat after the


hurricane the inlet is closed and needs to be opened.
Letter to DEC regarding fees changed to Trustees on
docks and J;amps. If you receive no relief of their fees,
charge the DEC for vehicle use of our ramps starting

January 1, 1992, at $50.00 per vehicle.


Bulkhead on Peconic River is in a dangerous

condition. Trustee Warner knows about this. Enclosed are


pictures showing same which I would like back for the
files.
Edward Warner will ask John Andersen to see if he can

find a deed for the bulkhead in the archives.


William Bennett said the Board of Health should be
contacted regarding the septic systems along the barrier

beaches. He said the last two storms have washed away so


much sand they are now above ground and a health hazard.
-525-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
The meeting on motion was adjourned.

Respectfully submitted,

William H. Bennett, Secretary

PERMITS ISSUED

PERMIT NO. 6044: is issued to FARREtL J. CORCORAN, 26


Elder Avenue, Hampton Bays, to amend Permit No. 5986 to
replace (within 18") entire existing 110 l.f. timber
bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the l.nside
of the rlew bulkheading to prevent sedimentation through
the wall~
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches be-low the finished height of the wall.
3. Clean sand or gravel only will be used for backfill
between the new and old bulkhead walls. No organic top
soils are to be placed along the inside of the new
bulkhead.
Project is located on owner 1 s property of£ Tiana Bay v as
per application and survey submittedo
PE~IT NO. 6045: is issued to JULIA LoRUSSO, 13 Clearview
Drive, Noyack, Sag Harbor, to replace (in same location
and configuration) 95 lQf. of timber bulkhead.
The following special conditions apply:
1. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wallG
2. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall' be a minimum of
four inches below the finished height of the wall.
3. Clean sand or gravel only will be used for backfill
between the new and old bulkhead walls. No organic top
soils are to be placed along the inside of the new
bulkhead.
Project is located on owner's property off Little Peconic
Bay, as per application and survey submitted.

-526-
(Continued, December 16, 1991, BOARD OF TRUSTEES)
PERMIT NO. 6046: is issued to JOHN PIZZUTI, 45 Rarnpasture
Road, Hampton Bays, to extend the length of existing
floating dock structure by the addition of another 7' x
20' piece.
SPECIAL CONDITION:
There shall be no increase in the amount of boats tied to
floating dook.
Project is located on owner's property off Smith Creek, as
per application and survey submitted.
PERMIT NO. 6047: is issued to En-Consultants, Inc., agent
for RALPH APPLEBAUM, 31 Far Pond Road, Southampton, to
construct a timber dock consisting of a 4' x 126' fixed,
elevated (4' above grade of marsh) walk; 3' x 14' hinged
ramp; and a 6 1 x 14' floating dock secured by ( 2) 8"
diameter pilings.
Project is located on owner's property off Far Pond, as
per application and survey submitted.
PERMIT NO. 6048: is issued to Mockridge Marine
Construction, agent for SI and MEG MERRILL, 35 Tuthill
Lane, Remsenburg, to replace (within 18") 165.15 1. f. of
timber bulkhead.
The following special conditions apply:
l. New bulkhead must remain at same height as existing
bulkhead.
2. Filter cloth backing is to be installed on the inside
of the new bulkheading to prevent sedimentation through
the wall.
3. To hinder siltation, the final grading of disturbed
soils behind the new bulkhead shall be a minimum of
four inches below the finished height of the wall.
4. Should it be deemed necessary to add backfill after
grading has begun, only clean sand or gravel will be
permitted. No organic top soils are to be placed along
the inside of the new bulkhead.
Project is located on owner's property on canal off
Moriches Bay, as per application and survey submitted.
MOORING PERMITS ISSUED
PERMIT NO. 91-51 is issued to LITTLE PECONIC YACHT CLUB,
Wooleys Drive, Southampton, to add to current permit, to
place one 50 lb. mushroom anchor mooring and buoy in
Wooley Pond, under the direction of Bay Constable
Christopher Kohnken.
The following special condition applies:
1) All moor~ngs shall be 1nspected by Bay Constable Kohnken
prior to placement.
2) All moorings shall be assigned a number at the time of
inspection in addition to the clubs's number.
3) Size of mushroom anchor and chain may be changed if it
is inadequate for the size boat.
4) A list of yacht club members who have moorings must be
submitted with each renewal application.
-527-

You might also like