The Waterways Management Advisory Council (WMAC) says it needs more time to ponder The Ram’s Head Inn dock application. So it’ll take up the matter again later this month.
WMAC chair John Needham says the application is one of the most complex that he’s seen in nearly 30 years on the council.
That’s partly because of the layout of The Ram’s Head Inn (RHI) property with the existing and proposed docks, partly because the RHI is a commercial operation in a residential zone (to the perpetual annoyance of some neighbors), and partly because of concerns about potential conflicts of interest (or the appearance of conflicts) among WMAC members.
Some background
The Town has given Aandrea Carter, the Inn’s new owner, 30 days’ notice that she must remove an existing dock long associated with the Inn from a public landing on the causeway adjacent to the Inn’s beach. Meantime, she’s applied to the DEC and gotten approval for a new dock, more centrally located on the RHI property.
Complicating matters, a dock already comes ashore on RHI land. Long ago, the RHI used it. But some time after the Bennett family sold the Inn years ago to James and Linda Eklund, the Bennetts took exclusive possession of the dock, attaching it with a right of way to their home next door.
After Carter purchased the RHI from the Eklunds, she also bought the Bennett property, including the dock and its right of way.
Now, at the suggestion of the Town Board, Carter’s dock contractor, Jack Costello of Costello Marine, has proposed amending his DEC-approved plan to modify the Bennett dock for RHI uses instead of building a new one nearby.
Specifically, Costello recommends repurposing two RHI floats from the Town landing to the Bennett dock, setting them up differently. Previously, the floats formed an L that had a 32-foot outer edge. Costello proposed lining them up at the Bennett dock to create a 40-foot outer edge.
Other complications
As if that’s not complicated enough, there are numerous other factors to consider:
- The RHI is a long-standing commercial waterfront property (it was founded in 1919), but the Ram Islands are otherwise zoned as residential (the zoning code was adopted in the late 1950s)
- The Bennett dock is a residential dock, but is somewhat larger than what would be permitted by the current code
- The Ram’s Head Inn has eight Coecles Harbor commercial moorings (that is, they aren’t linked to specific boats and can be used by Inn guests), but the mooring code says you can’t use a residential dock to service commecial moorings
- WMAC member James Eklund is former owner of the RHI, but has said he need not recuse himself from WMAC discussions as he has no financial interest in the outcome
- WMAC member Marc Wein lives a few doors down from the RHI and is president of the Ram Island Association, which has complained about various RHI operations; he also has not recused himself
- Potentially impacting the number of WMAC members eligible to vote, Mike Anglin has been accused of using his position for personal gain by charging clients to manage their mooring permits while failing to recuse himself from WMAC discussions (Anglin says he never voted on these permit applications); the Town Board has called for the Ethics Board to look into the matter
- The Ethics Board is being reconstituted, and it’ll be another week before new members are appointed and ready to begin work
[UPDATE: The Town Board empaneled a new Ethics Board at its March 11 meeting]
What’s more, WMAC members say they’re unclear on whether Carter intends to continue previous RHI uses of the dock — ferrying people via RHI tender to RHI moorings or moorings elsewhere in Coecles Harbor. Or to also use the dock as a pickup/dropoff point for larger vessels for hire.
And WMAC members disagree on the degree to which they should weigh in on allowable uses. For example, some argue their role is to say whether the proposed dock will support its proposed uses, but it’s for the Town Board (via the Town Code) to say what’s allowed and where.
The latest dock proposal
On Monday’s WMAC Zoom call, Jack Costello said that before the idea of modifying the Bennett dock came up, he’d applied to the DEC and won approval for a new dock about 35 feet north of the Bennett dock.
(It should be noted that building this new dock would result in two docks landing on one property, something the Town generally discourages).
To effectuate the new “use the Bennett dock instead’ proposal, Costello said he could apply to the DEC to amend the permit.
“The causeway dock gets eliminated, the dock we applied for gets eliminated, and we use the Bennett dock as the Ram’s Head Inn dock,” he said. “We’re eliminating two docks [one on paper] and trying to reuse as much of the existing material as possible. And use what was historically the Ram’s Head Inn dock.”
“It’s simple,” Costello said. “But it’s not as simple as I’d like to be.”
WMAC responses
Needham asked each WMAC member to state his position and provide recommendations. He began by saying he was surprised to learn the Bennett dock was traditionally the RHI dock. He noted the Bennett dock is longer than what code allows but that he was most troubled about its possible expanded use.
Describing Coecles Harbor as “the cleanest harbor in New York State second only to Nappeague Harbor,” he said, “I’m concerned that increase in traffic and the size of boats might effect that in an adverse way.”
He recommended another meeting, devoted solely to the RHI dock, to determine “what kind of usage is going to go on here. That’s an issue whether you look at it as a private dock or commercial dock or some kind of hybrid. The Town has to consider the use, whether it’s appropriate and whether it’s legal.”
How the dock contributes to the business model
William Geraghty said he’s also concerned about the future use of the dock, which Carter has said provides access for 30 to 35 diners a night at the Inn’s restaurant.
“I wanted to get some details about that summer business and what it entails,” Geraghty said.
Despite Needham’s effort to have each WMAC member speak in turn, Geraghty was interrupted when he asked whether Carter had records to support her assertion. Town Councilman Jim Colligan — one of two Town Board liaisons to the WMAC — jumped in to relay a rough estimate he’d previously heard that eight moorings might yield 4.5 guests, resulting in 36 individuals.
That prompted WMAC member Marc Wein to say, “I think I have a better look at it than you do, sir.”
Councilwoman BJ Ianfolla — the other WMAC liaison — asked Geraghty to consider the difference between the “growth” of a business and “expansion.”
“I’m trying to understand the volume of traffic we’re talking about for this dock,” Geraghty said. “How many days per week are we talking about? How many vessels are we talking about delivering that many diners?”
Costello noted the dock approved by the DEC was slightly shorter than the Bennett dock (123 feet 8 inches vs. 125 feet), and the existing RHI floats are smaller by 120 square feet than those approved by the DEC (8′ by 40′ and 8′ by 25′ compared to two 8′ by 40′). While the existing RHI floats are larger than what’s typically allowed on a residential dock, Costello said they’d provide a more stable platform for people entering and exiting boats there.
“Why does the dock need to be as big as it is?” Geraghty asked. “Why two floating docks rather than one? We need to know how many vessels you’re talking about. Why are we even considering anything over what the code provides for a residential dock in that area?”
He also said it wasn’t the job of the WMAC to assist a property owner whose “advisers gave her bad advice.”
“She decided to take the risk and buy it and see how it worked out,” he said. “She didn’t have the usage of [the Town landing] dock as part of the purchase. I don’t see where it’s up to the Town for what may have been a bad business decision.”
Again, Needham said it might take another session to determine the allowed use.
‘Throwing away regulations’
Wein said he was “flabbergasted that this is even being considered now.”
He said the WMAC should not review the application until a DEC permit is in place that matches what Costello has proposed — using the Bennett dock and old RHI floats.
“The owners of The Ram’s Head Inn felt they bought a property that included a dock and that they’re entitled to another dock, basically replaced in kind,” he said. “To me, it’s a moot point until you have the permits in place.”
The WMAC should not “throw away all of the regulations — length, area of the floating dock — because she felt deceived or misinformed in buying it.”
“Nobody is throwing away anything here,” Needham said.
Wein said if the WMAC approves this permit, other homeowners on the Rams will expect to be allowed longer docks with larger floats. And, if prevailing winds mean larger floats are needed for safety, as Costello indicated, “maybe we should consider not having docks in Coecles Harbor.”
‘A unique situation’
“Marc, I appreciate what you’re saying, but we have to take into consideration that this is a unique situation,” said WMAC member Al Loreto. “It’s not a private residence; it’s an inn that has been in business for 100 years. The rest of the area is residential. So, to come up with some kind of solution, there has to be some kind of give and take between the residents and the Inn.”
“The concept that’s being proposed makes some sense,” Loreto said.
Furthermore, he said using the former Bennett dock results in the fewest environmental changes.
Loreto argued the WMAC should give Costello some direction to go back to the DEC and amend the permit in a way that comports what the Town will allow.
‘125 years worth of service’
Anglin said he agreed with Loreto and took issue with Wein’s portrayal of the problems.
“It’s not just an inn; it’s a commercial enterprise,” Anglin said. “There isn’t a business on Shelter Island that hasn’t continued to increase the amount of business they’ve done over the years and will continue to do so. There’s an increase in everything that’s going on on our Island.”
Anglin reminded the WMAC that Needham has previously described the members as having “125 years worth of service.”
“We’re pretty knowledgeable about what’s going on,” he said, noting that other Island areas are also utilized by commercial and residential boaters, making it work.
“Dering Harbor is the biggest commercial area,” said Anglin, former owner of Jack’s Marine, which ran a large commercial mooring operation in Dering Habor. “It’s been there for how many hundreds of years, and the citizens around there seem to be able to get along.”
Anglin said he had no problem with Carter’s proposal to repurpose the former Bennett dock, noting she’d gone to the trouble and expense of purchasing the property. “It’s a great solution,” Anglin said.
‘Herding feral cats’
George Zinger likened the situation to “herding feral cats.”
“First of all, it isn’t the WMAC’s job to say what the usage is going to be,” Zinger said, adding it’s up to the Town Board and the zoning code.
“If we have to ease things a little bit, then we ease them a little bit,” he said.
But, he said, this proposal asks the WMAC to substantially stretch what’s allowed for a residential dock, from 100 square feet of permitted float area to the 525 square feet requested. What’s more, the Town code recognizes only residential and commercial docks, “if this is a hybrid, we don’t have anything in the code that speaks to that.”
While he has no objection to using the former Bennett dock, Zinger wants to clarify each variance from Town Code that Carter is seeking.
A zoning mistake?
Eklund referred back to Ianfolla’s question about growth versus expansion.
“A business is not going to be in business to stagnate and not grow,” he said. “This property traditionally, historically, has had a dock. [The former Bennett dock] was the Ram’s Head Inn dock for many years — at least five while we owned the property.”
Though long-contested, Eklund said the causeway dock was “purchased by an individual who had purchased from another person who built it in 1965. So it was a permitted use by the Town, existing for many, many years.”
By reusing the floats, Carter’s current proposal reduces the need for further incursion into Coecles Harbor, he said.
“I think the plan here is a viable one,” Eklund said. “A property like the Ram’s Head Inn deserves to have some sort of dock. It has 800 feet of waterfront and is a preexisting commercial use in a residential area that from any point of view could be considered like all the other hotels on Shelter Island.”
“Perhaps a mistake was made when zoning was first introduced, ignoring the fact that these buildings were used commercially,” he said. “That should be addressed in the future. But this is a win/win for everyone.”
The Ram Island Association, he said, has been arguing for the use of the public landing for many years, and “this frees it up for them to use as they will.”
Needham asked Eklund whether the dock previously was used by yachts in the range of 36 to 42 feet “to offload and board passengers that they’re carrying for hire.”
While he did not keep specific records, Eklund said “the dock has been used many, many times” for dropoff and pickup of passengers staying for dinner “when space and weather permits.” He said most boats using the dock were in the 25-foot range, with larger vessels tying up at moorings and using dinghies to transport passengers.
Changes in boating
Needham said he felt the WMAC did have an obligation to advise the Town Board of changes in boating practice.
“There have been big changes in boating; in how people are participating in it,” he said.
Boating clubs are becoming ever more popular, allowing members to board a boat and travel to one or more nearby destinations. Needham said such uses change traditional traffic patterns in harbors, as large boats come and go dropping off and picking up passengers.
“This type of arrangement is being marketed heavily,” he said and has altered traditional traffic patterns in harbors.
Public comments
Needham allowed members of the public to speak, imposing a three-minute limit per speaker in keeping with Town rules.
Bob Kohn, a Big Ram resident who has often spoken in support of The Ram’s Head Inn, reminded the WMAC that the Ram Island Association doesn’t speak for all residents. Many neighbors appreciate the Inn and want to see it succeed and are looking to the WMAC to find a workable solution that will enable the RHI to have a dock. He also suggested the WMAC state the nature of any conflicts of interest at the outset of its meetings.
William Derrough, who owns a Shelter Island home facing Coecles Harbor, said he was not opposed to the RHI having a dock. But the configuration of the floats suggested to him that the RHI expected to welcome larger boats, “and that’s not consistent with historical usage. I see it as a recipe for much bigger wakes, more noise and pollution, and disturbance of neighbors.”
Pam Demarest, whose family’s property abuts the RHI and former Bennett properties, echoed Wein’s concern about the lack of a DEC permit specific to the new proposal. She also took issue with the documents Costello presented to the WMAC, pointing out missing items, such as property lines and rights of way.
Another meeting March 28
Town Attorney Stephen F. Kiely said the Town Board requires an advisory opinion from the WMAC to act on a dock application.
At the end of Monday’s meeting, Needham said he could not ascertain the majority WMAC opinion because he was uncertain which members could vote.
As a result, the WMAC set a special meeting for March 28 at 6 PM. By then, Kiely said, the new Ethics Board should be in place and provide guidance on the questions relating to conflicts of interest.
