Local residents can send written comments regarding a dock application of Dr. Stuart and Judith Hershon to replace their existing dock on their property, at the northeastern end of Cove Neck near Cove Point.

On Tuesday, March 24, the Oyster Bay Town Board gave permission for the town clerk's office to publish a notice to residents that they have received an application to permit the construction of a dock in waterways within the jurisdiction of the town. Town Councilman Anthony Altimari said, "We perform harbormaster services for Cove Neck." The Department of Environmental Concerns oversees Cove Neck, the Department of Planning and Development oversees docks in Massapequa.

The Army Corps of Engineers gave their original approval on Jan. 6, 1997. James Haggerty, chief of the Eastern Permit Section of the ACE said, "We have authorized them to replace what is there with something different, in line with the request of the Oyster Bay National Wildlife Preserve. The existing structure is about the same size, therefore there is no public notice and why you (the newspaper) didn't hear about it before.

"Since it is essentially the replacement of an existing structure, it is authorized by a general permit," he said. "They submitted the application to the ACE, shortly after New Year's 1997." They last heard from the applicants last August, he said.

The town procedure for a dock permit is for the town board to consider it, then advertise it to the public, wait for answers, and then return the item to the calendar for approval or denial.

National Fish & Wildlife Service Project Leader Patricia Martinkovic said, "It is an in-kind or replacement of an existing dock that was damaged during recent coastal storms. Dr. Hershon had followed the appropriate procedure and contacted the Oyster Bay National Wildlife Refuge Complex and requested the replacement and we asked for an in-kind replacement - it can't be larger than it was. They met the two requirements for a replacement dock. Therefore we authorized the in-kind replacement of the fixed dock and it had to be restricted to the dimension and location of the original dock

"That is part of the services policy. A landowner can demonstrate the legal requirement that it was prior to the establishment of the refuge and that it was existing prior to the request. If they meet those two basic criteria, we permit them to make an in-kind replacement.

"If on the other hand, "the dock has been long destroyed, they are not authorized to permit it. Mr. Hershon met those requirements

"We issued a special use permit in July of 1997 and it is good though July of 1998. We did indicate that the floating dock and ramp would be removed seasonally between Oct. 15 and April 1, without damage to the intertidal zone and that all local, state and federal regulations are adhered to and construction materials are approved by the EPA assessment handbook."

Ms. Martinkovic said, "Their original request was to replace it with something larger but the policy is just for an in-kind replacement. "

She said, "Oyster Bay is an extremely valuable and important natural resource, not only to wildlife, but to the baymen and the local community as well as all the folks who come to Long Island. About 90 percent of the oysters that are produced for New York State are produced right there in Oyster Bay.

"Oyster Bay is an essential wintering habitat for a diversity of water fowl like greater and lesser scaup, black ducks and more. It is a really essential and critical area and is regarded by the state of New York as an Outstanding Natural Resource Area," she said.

"Oyster Bay is such a rich phenomenal resource for wildlife and people - and it's fragile! We all must remain cognizant of that and we are extremely fortunate to have Oyster Bay and to have it in such high quality condition. I know the town and Flower's, and everybody is doing something to enhance it and to help to maintain its high quality. That is why the Fish & Wildlife Service developed a policy about docks - because we recognize the importance of its significance to wildlife and people. That is why we set up those two criteria in our policy document, to do our part to ensure the protection of Oyster Bay.

"So, Mr. Hershon meets those two criteria so we were more than happy to issue that permit, since that was what we had agreed upon. They were very easy to work with," she said. "We're not against all developments. There has to be a happy medium. It's always important to strive for a balance and that is certainly what we are trying to do in Oyster Bay.

"Having your own dock would be wonderful, but if every landowner put in a dock, you would surely lose the quality and benefits of Oyster Bay. We dislike having to say no, contrary to general belief, but it is our legal requirement to protect that resource. So it is nice when we can fulfill the legal requirements and say yes," said Ms. Martinkovic.

The dock is a 195 foot fixed elevated pier with a new 11 foot by 22 foot platform on the seaward end of a pier, a 32 foot aluminum gangway and a 10 foot by 22 foot float that can be secured by four chains and two 400 pound mushroom anchors located approximately 40 inches seaward of the float.

Any communication about the dock should be addressed to the Town Clerk, Town Hall, Audrey Avenue, Oyster Bay, New York, 11771 on or before April 30.