The Town Board adopted a resolution that gives Aandrea Carter 30 days to remove a Ram’s Head Inn dock from Town-owned land.
The controversial dock, located along the causeway just west of the Ram’s Head beach, poses liability risks to the Town. “It’s a recipe for disaster,” said Town Attorney Stephen F. Kiely, noting the lack of a shoulder on the narrow causeway road creates hazards for pedestrians.
What’s more, the Town cannot continue to allow the Inn exclusive free use of the dock, as doing so represents a gift of Town property from which the company derives a benefit, Kiely said.
He recommended the board also direct the Highway Department to fence off the dock so that no one can use it.
A long time coming
The Town Board recently approved the transfer of permits for eight Coecles Harbor moorings to Carter, who owns the LLC that purchased the Inn from James and Linda Eklund. (Read our coverage in this Gazette post.)
While there was much talk about the dock during public hearings on the moorings — Carter says she relies on the dock to bring guests ashore from the moorings — the Town Board said the matters required separate review.
In August, Supervisor Gerry Siller said the Town Board wanted the dock removed but would allow Carter to use it through the 2021 season.
“The cleanest way to go is to remove the dock and let The Ram’s Head apply for a new dock,” Siller said at an August 24 work session.
Then-Town Attorney Bod DeStefano endorsed the idea.
“If we’re going to be granting them a new dock, and they’re voluntarily surrendering possession of this, it would make things a lot easier,” DeStefano said.
Siller clarified that the new dock application would be considered on its own merits; removal of the old dock was not contingent on approval of a new dock.
On August 31, Councilman Jim Colligan — a liaison to the Waterways Management Advisory Council — said Carter had applied for a new dock. He suggested the permit could be approved in a matter of weeks.
Six months later
But six months later, Carter told the Town Board on Tuesday that her dock permit application had stalled.
Jack Costello of Costello Marine is the project contractor. He asked the Town Board to leave the old dock in place while he works out WMAC permit concerns relating to the new dock.
WMAC Chairman John Needham has said Carter’s application was the most complex he’s ever seen. Multiple problems surfaced early on, such as the fundamental question of what constitutes a commercial dock.
In August, Deputy Supervisor Amber Brach-Williams pointed out that Town Code describes commercial docks — which can be longer and broader than residential docks — as allowed only in a B zone or as part of a boatyard or marina.
Neither description applies to The Ram’s Head Inn, which is in a AA residential zone, she said. “If we’re going to allow a commercial-size dock, then we need to make a code change.”
James Eklund, who, in addition to being the Inn’s former owner, serves on the WMAC, has argued the nearly 100-year-old Inn pre-dates the zoning code. In addition, he said the Town has numerous waterfront commercial properties with docks in residential areas.
DeStefano said that while the Town Code describes locations and sizes of commercial docks, it doesn’t define “commercial.” So, pending new definitions or other code clarification, the Town Board encouraged Carter to apply for a residential dock.
WMAC reviews the proposed dock
Carter applied for a 10′ by 10′ fixed access platform leading to a 5′ by 50′ fixed ramp down to a 5′ by 40′ fixed dock, with a 4′ by 16′ ramp leading to an 8′ by 40′ float with an 8′ by 40′ L section.
When the WMAC first took it up on October 13, members said the proposed dock was too big for a residential zone. Costello said the length was required to gain access to deep water; the extra width made the dock safer.
Costello agreed to refine the drawings, and the WMAC held a special meeting two weeks later. Both were attended by several Little Ram and Big Ram residents, mostly speaking against the proposal saying the Inn’s new owner had intensified use of the dock.
During the October 28 meeting, Needham noted a dock at the southern end of the Ram’s Head beach that doesn’t belong to the Inn further complicated matters, as it resulted in two docks on one property. Costello said that dock, which belonged to a neighboring property, is unrelated to Carter’s proposal before the WMAC.
Costello said Carter was willing to reduce the proposed dock to 112 feet, where 100 feet beyond the mean high water mark is typically allowed. Needham requested additional details about the use of the proposed dock.
Carter can request an extension
Since that meeting, Carter purchased the neighboring house and its dock. On Tuesday, Town Board members suggested she use that dock (possibly extending it) for The Ram’s Head Inn.
Carter’s attorney said he was unaware of the Town’s intention for the old dock. Town Board members rebuffed that assertion, saying Carter was amply informed the dock has to go.
Costello asked the board to delay the removal until he gets WMAC approval to build the new dock, possibly reusing some materials. Kiely said Carter could request an extension of the 30-day notice.
Bob Kohn, who lives on Big Ram Island, spoke in support of Carter. But also, he suggested that the board’s resolution was “tainted” due to past work Kiely has done for the owner of The Chequit. Kiely clarified that he would recuse himself if applications from Stacey Soloviev came before any Town boards.
Kohn said it was his understanding that the Town had pledged to allow the old dock to remain until a new dock was constructed. Siller disagreed, saying the Town Board agreed to allow Carter to use it through the end of the 2021 season.
A back-and-forth ensued about adverse possession and other topics until Siller invoking the Town’s recently-adopted rules of public conduct, cut Kohn off, saying he’d spoken beyond the three minutes allotted to him under the Town’s new regulations for public input.
