Shelter Island Town Code forces decisions on controversial dock applications: Board reacts to lawsuit threats

A majority of the Town Board Tuesday night chose to stand by the Town Code while admitting it’s faulty, bucking the advice of two of its members to take a stand and chance a lawsuit.

Prager Dock Application

At the earlier work session, Deputy Supervisor Amber Brach-Williams, attending by Zoom while homebound with the flu, appealed to her colleagues to reject one of three dock applications to protect neighbors who fear it would endanger their properties.

Ms. Brach-Williams was too ill to attend the evening meeting, even virtually, but had convinced Councilman Jim Colligan to vote against approving an application filed by Todd Prager of 78 Peconic Ave.

The Waterways Management Advisory Council (WMAC) had voted against approval, but Supervisor Gerry Siller said the Town Code made no provision for turning down the project. At the same time, he acknowledged neighbors were right in considering the dock dangerous in waters that are rough. But because the code didn’t prohibit the proposed dock, he believed voting against it would result in a lawsuit.

Ms. Brach-Williams earlier had said she thought this was a case in which residents would favor the Town Board taking a stand, and even thought it was likely, given the safety factors, a decision the court would support if Mr. Prager did sue to try to overturn a decision that denied him the dock.

With Ms. Brach-Williams’ absence, the vote was 3-1 to grant the application.

The decision to approve the dock carried several stipulations. Key among them is a provision that if the dock is damaged by more than 50%, by any natural event, it can’t be rebuilt. Mr. Prager wold be responsible for removing any debris and whatever might be left of the dock to prevent natural gradual dilapidation causing a navigation hazard.

Big Ram, LLC Application

The Town Board also approved the Big Ram, LLC application for a new dock to replace the former Bennett dock on property adjacent to the Ram’s Head Inn. The Inn and the former Bennett property belong to Aandrea Carter.

Among the stipulations for approval is a provision that the replacement dock can’t be used by employees or guests of the Inn. It can be used exclusively as a private dock.

Neighbor Pam Demarest argued at the end of the work session that the application had been changed, which should require re-opening the public hearing on the application.

Town Attorney Stephen Kiely rejected Ms. Demarest’s argument, saying the revision had lessened the application and there was no need, therefore, to reopen the hearing. He also told Town Board members that no conversation with the public should take place before their vote once a public hearing had been closed.

American Direct Application

The third application approved came from American Direct, and is Richard Hogan’s application for waters off 2 Shorewood Court.

The WMAC recommended disapproval of the original application to remove two existing mooring dolphins — groups of pilings arrayed together — on the west side of the existing dock and replace an elevator style boat lift with a cradle boat lift; install two 12-inch pilings for the new four point boat lift; and install a new 5-foot by 24-foot float and a splash board system off shore at the end of the existing main dock.

After public hearings on Aug. 8 and Sept. 19 there were changes made and the approval of the revised application stipulated that if the dock is damaged by more than 50% by any natural disaster, it can’t be rebuilt.

As with the Prager application, Mr. Hogan would be required to remove all debris and remains of the dock to prevent natural gradual dilapidation that could cause a navigation hazard.