POENB Meeting Minutes of February 5th 2021
Our POENB meeting was held via Zoom and began approximately 7:10 PM.
Pledge of Allegiance of recited.
Roll call of officers:
Frank Bonomo, President; Ryan Cote, Vice-President; Julie Hendricks-Atkins (absent), Vice President; Nora Beck, Treasurer; Frank Pasquale, Corresponding Secretary; Steven Neuf, Recording Secretary; Bethany Pokorny (absent), Vice President.
Minutes (Readings and Update):
A motion was raised to accept the minutes of our January, 2021 meeting as printed in the Changing Tides; the motion was seconded and approved.
Membership in attendance:
There were 21 members in attendance
Frank opened the meeting by introducing communications:
Frank read aloud our recent emails:
“Hello folks, I am (name withheld). I was born and raised in Northport many a year ago. I am officially into my octogenarian years. I am presuming therefore that I have fewer years ahead of me than behind. I currently reside in the small town of (withheld)
Here is my request: When I am no longer a corporeal part or this world, I am hoping to have my ashes spread at the inlet to Northport harbor. So I am looking for (if required) permission to do that – or have my designated estate executor accomplish it for me. Assistance would be appreciated.”
The Board contacted the letter writer indicating that was out of our jurisdiction. Another email was received from James Marsano:
“We’ve been told that work on the new sea wall is to begin shortly at the park. As you are well aware, the sea wall in front of our house connects directly with the park wall, so since no one from the association has contacted us, we would like to discuss what steps will be taken during this replacement process so as not to affect the integrity of the sea wall in front of our home. Our primary concern is that in the course of these repairs and/or replacement there is no damage done to our sea wall and would like to be made aware how the firm you have hired will take to insure same.
On another note, I am sure that you have noticed the extensive deterioration to the pipe that leads out to the sound and how that might negatively affect the easement between the park and my property. We have been in constant contact since 2016 with Highway Supervisor Kevin Orelli regarding this matter, with the latest correspondence on 01/11/2021, and now with this pipe in total disrepair, have requested a complete replacement as soon as possible. It might be advantageous for the board to contact Mr. Orelli and see if repair of the sea wall and replacement of this pipe can somehow be made at the same time. Looking forward to your soonest reply. Happy & Healthy New Year to all.
Very truly yours,
James Marsano”
Frank personally spoke with Bonie & James about this project and their concerns.
He provided attendees with a brief summary: Our project is designed with returns that will stay within the POENB property and will not connect to adjacent structures.
Finally, Diane Asser wrote:
“Since the Corcoran family was totally uncooperative when the Association first approached them about their encroachment, we strongly object to working with them at this time.
Diane and Stu Asser
Wall Update:
Steve updated the membership on the latest permitting development. The TOH is requiring a modification to the permit to specifically call for the use of helical piles on the plans (not as approved equal). Therefore, our engineer is submitting a revision to the DEC; once approved they will go back to the Town of Huntington. Steve gave a brief summary of manta-rays vs. helical piles. Frank also gave some history on the issue. This was personally discussed on-site with the TOH; it is unfortunate they are flagging something which was already discussed, at the eleventh hour of our project.
Brian O’Conner offered some positive commentary on the use of helical piles since his project was recently completed by the same contractor using the same materials. Brian also offered comments in response to the minutes of our last meeting during which the Browns discussed litigation and damages done by RC Wish in connection with the O’Conners bulkhead project. Brian maintains that the Browns claim does not have any merit and wanted to offer that last month’s discussion should not give rise to any cause for concern. The Browns were on the call and refuted Mr. O’Connor’s statement and a lively discussion ensued, which escalated into raised voices. Frank muted the participants as the ensuing discussion was not appropriate for the POENB meeting.
Frank shifted our focus to the Corcoran variance matter. We met with the Corcoran’s attorney to review their application to the zoning board. Frank discussed our existing boundary line agreement. The agreement basically acknowledges the neighboring property encroachments so long as they remain left as is; should they be modified in any way the encroachments need to be corrected. Pertinent agreements and the Corcoran’s application are available for review on our website.
Frank then opened the floor for discussion. A member asked about requirements of adjacent support; wherein neighboring properties are legally required to provide adequate support to their own neighbors. The same member then asked how far the properties / structures encroach. Ryan read the boundary line agreement highlighting the various structures. Frank emphasized that the POENB has agreed to the agreement.
A member clarified that the zoning board request seeks relief from the setback requirements which are inside and therefore more stringent than the lot line agreement. Ryan added that their initial request was to allow their boat to be in their driveway, however making one request to the ZBA triggers a comprehensive review of all violations.
A member asked if we are working with or are on-boarding an attorney to represent our interests. The member mentioned a deck which was installed after the boundary line agreement was made. The board has since then had a new survey done for the bulkhead project which also had to show the neighboring structures; we feel we are capable of interpreting same. At the present time we are not seeking hired counsel however we are reviewing the matter with professional colleagues.
Chris Hughes inquired if the new deck is a potential violation of the lot line agreement; it is not. A member asked if the POENB could write a letter to the ZBA to make them aware of what’s been done. We intend to be present at the hearing. Another member asked what possible additional harm could come to our property if these variance requests were agreed to. Frank welcomed that perspective to the conversation.
Further discussion was had questioning the Corcoran’s motivation to avoid further violations. A member interpreted the appeal as a request to the 400 families represented by the POENB as a request to let the violations slide. Frank clarified: we have no intention to let anything slide, the board will present the history and facts surrounding the application to the TOH and request an informed decision. The member further asked the board to appeal just like any other single property owner would. The member asked if the Corcoran’s received any compensation for the lot line agreement, Frank replied, yes, $10.
A member asked if perhaps the membership should be asked if legal counsel should be retained. The Board’s feeling is that it would be a wasteful expenditure of limited and needed POENB funds to contest an agreement that is already signed by the POENB. We can, and will, however inform the ZBA that the agreement exists. A discussion ensued about the Corcoran boat being on the street (part of the Corcoran’s request is to put their boat in their driveway, not in any of the area detailed in the lot line agreement).
A motion was made for the board to not support any of the requested variances. Greg Atkins offered his perspective on the best ways for the public to impact the zoning board’s decision-making process. John Ballow asked what happens if the variances are not approved? This was discussed. The TOH could take action and/or the property can change hands. Frank welcomed the community’s opinion. Ryan suggested that anyone with a specific opinion, in support of or against, make it their business to present at the revised hearing and to make their opinion known.
The person who made the motion revised it to ask POENB to submit to the TOH the boundary line agreement which was made necessary by the Corcoran’s history of disregard for encroachment and zoning rules. This motion was voted on and approved.
Brian made the membership aware of an upcoming TOH meeting; On Feb 23rd at 7:30PM the town will be discussing possible revisions to the town code relating to boats being parked on the streets. Frank requested an email from Brian to forward to the membership.
Ryan mentioned that any official correspondence one desires to send to the Board needs to be sent to info@eatonsneck.org. Messages sent to the boards personal accounts are not treated as correspondence.
The Board was thanked for their efforts.
Key Issue Vote – Budget Approval
Frank sharded his screen to present the budget for approval. He then reviewed the major items listed. A motion was raised & seconded to approve the budget as listed; the budget passed.
New Business:
The POENB sign at the firehouse will be repaired. A POENB mailbox will be installed on the new firehouse box post. (addendum since the February 5th meeting the new POENB mailbox has been installed – it is tucked on the south side of the post with blue POENB lettering. By the time these minutes are posted, the new POENB website should be up. To take advantage of pre-March 31st early bird special, Neckers are invited to drop their membership forms in the new mailbox or complete them online and pay using PayPal (PayPal processing fees apply for this option).
We adjured at approximately 9:00PM
Our next meeting is scheduled for March 5th.
