Reich: Base code exceptions on property, not owners’ whims

Applicants seeking exceptions to the town code must make arguments based on physical characteristics of their property and not simply for what they may want.

That’s the message Councilman Peter Reich sent at Monday night’s Waterways Management Advisory Council meeting where he represents the Town Board as a liaison.

When an exception is granted, it stays with the property, not the particular owner at any given time, Mr. Reich said. And once an exception is granted, it’s unusual that circumstances would allow for another exception, he said.

His opinion came as a result of a struggle WMAC members have had for months with two applications, both represented by Costello Marine of Greenport.

The WMAC is still troubled but may be a step closer to finding a resolution to favor one application, from Congdon Point, for a dock extension.

In January marine contractor Jack Costello took his case to the Town Board asking its members to overturn a unanimous turndown from the WMAC. On advice from Councilwoman Chris Lewis, the application was bounced back to the WMAC Monday night since she argued its members were knowledgeable about the issues while Town Board members lacked the expertise to judge the situation.

She also pointed out that it’s rare for the WMAC to unanimously turn down an application.
Mr. Costello and WMAC members worked toward a compromise Monday night that would keep the already nonconforming dock from further extending, while seeking a solution that would lead to a plan to protect boats at the dock from being damaged by wave action.

What Mr. Costello initially sought was a 32-foot extension to an existing nonconforming dock with a boat lift serving 34 North Cartwright Road. What concerns WMAC members is setting a precedent that could allow other applicants to seek longer docks and boat lifts in Coecles Harbor. By code, boat lifts aren’t allowed in inside waters, but Mr. Costello argued that the waters where he’s proposing to build are “as rough as outside waters.”

Committee Chairman John Needham said he didn’t understand why there was a reason to move off-code and Marc Wein, participating via SKYPE, said it’s unwise “when you capriciously move off the rules.”

“We’re having a lot of trouble with this,” Mr. Needham told Mr. Costello.

The issue is the protection of the boats that would be secured at the site, member James Eklund said, noting that adjacent land is state-owned and wouldn’t be developed.

But with land owned by St. Gabriel’s along Coecles Harbor, Mr. Wein expressed concern that it could be subdivided and developed by a number of owners, each of whom could seek docks longer than what code allows.

Ultimately, the WMAC sent Mr. Costello back to the drawing boards to come up with a revised plan to provide protection for the boats from wave action with less need to exceed code as extensively as originally proposed.

On a second Costello Marine project — this one for 7 Winthrop LLC — the WMAC had previously turned down an application requesting a dock, bulkhead, jetty and mooring where there’s already a nonconforming dock. A request now for a float has to be limited to 80 square feet, the WMAC told Mr. Costello Monday night.

In other actions, the Council:
• Received a hardship letter it had requested from Sean and Julie O’Shea of 5 Proposed Road that made the case for extending dock length because of a need to accommodate more room for boats.

“You want to build something that’s going to work,” Mr. Eklund said. He said his gut told him the couple should be allowed a 150-foot dock, but his colleagues disagreed. They want the dock to be limited to either 125 or 130 feet. It will fall to the Town Board to take the varying advice and make a final decision.

• Recommended the Town Board approve an application from Kristin Kehrberg of 8 Clinton Avenue to install a row of 2- to 3-ton stones at the toe of the existing slope leading to Dering Harbor.