Committee split on Ram’s Head Inn dock: Next stop — Town Board decision

There was no vote last week by the Waterways Management Advisory Council (WMAC) on a revised plan for a dock to serve the Ram’s Head Inn. But members locked in their views of a proposal that would allow Aandrea Carter, the Inn’s owner, to construct a dock at an adjoining property she recently purchased.

It was evident none of the WMAC members at the special March 30 meeting were apt to change their minds. Some strongly argued against the proposal; others, just as determined, insisted they would support it; and one insisted there was too little information to render a judgment.

“It’s a sticky wicket,” said Councilwoman BJ Ianfolla, Town Board liaison to the WMAC. She pronounced the varying opinions helpful in terms of providing Town Board members with information to help inform a decision they ultimately must make.

Jack Costello of Costello Marine had submitted a proposal — not yet filed with the New York State Department of Environmental Conservation (DEC) — for a dock to replace one that was on the property previously owned by James Bennett. Ms. Carter purchased the Bennett property and the new proposal calls for a straight dock with a float to be used for those coming to the Inn by boat.

This is a new plan, Mr. Costello said, explaining he thought it would be “more palatable to the Town” than an original proposal to build a dock that wouldn’t touch on long-disputed property, but clearly be on Inn property. Before submitting another plan to the DEC, Mr. Costello was seeking to determine if it would raise objections with the WMAC.

WMAC Chairman John Needham led comments saying he likes re-purposing parts of the original Bennett dock but would want only a 30-foot float, not the 40-foot float proposed. A shorter float would suffice, he said.

Member Marc Wein told his colleagues he was “offended” by the proposal coming to the WMAC only 45 minutes before the meeting, rather than 48 hours, as prescribed by the Town to make materials publicly available. Mr. Needham said it was his responsibility, but said plans were changing and the soonest he could submit the latest proposal to members was just before the meeting.

The Bennett’s dock was residential and Mr. Wein said he didn’t know if commercial use could be said to be a replacement in kind. He also said WMAC practice has been to require DEC approval of plans before the Council saw an application.

But Mr. Needham said there have been cases where DEC permits were not yet in place prior to WMAC consideration.

Member Mike Anglin and Al Loreto favored the proposal.

Ms. Carter has tried to work with the town and should be given some consideration to “bending the rules,” Mr. Anglin said. She needs a “timely decision” with the summer season looming, he argued.

Mr. Loreto agreed, saying despite the decades of controversy about whether the original dock used by the Ram’s Head Inn was or wasn’t on Town land, it was used commercially for more than 50 years by people coming to the Inn. The Ram’s Head Inn deserves to have something in kind, he said.

“There has to be some leeway,” he said.

On the negative side, Bill Geraghty and George Zinger had problems with the proposal.

There’s nothing that allows using a private dock for commercial purposes, Mr. Zinger said. But he couldn’t agree with a new proposal because, “I don’t know what we’re looking at.” He would lean against approval because the Bennett dock already represented a nonconformity, and what’s presented as an improvement doesn’t change that fact.

The WMAC has never had to consider dealing with a nonconformity, Chairman Needham said.

A nonconformity would have to be lessened and nothing in the proposal speaks to that, Mr. Geraghty said. The proposal doesn’t establish grounds for a hardship exemption, he said.

Ms. Carter has said boat traffic represents a considerable amount of business at the Inn. But Mr. Geraghty said, despite previous practice, neither the current owner nor previous owners — James and Linda Eklund — had a right to use what has been called the Ram’s Head Inn dock.

As for the proposed float, he called it “overkill.” If approved, the proposal would present burdens for residents and bay constables in terms of enforcement. It would set a critical precedent for Shelter Island, he said.

The next step is for the Town Board to render a decision, Mr. Needham said.