Mahopac Marina Docks to Open; Appellate Court Finds in Favor of the Melchners
There may be more than 30 more boats in Lake Mahopac this summer. After 15 years of court battles with the Town of Carmel, Charles and Lillian Melchner, owners of Mahopac Marina in Mahopac have won what they hope is the last case against them.
In the case of Town of Carmel v. Melchner, the town claimed to have jurisdiction over the dock slips built by the marina in the lake 35 feet from land and wanted an injunction against the slips use.
Charles Melchner, who has permits to have the dock slips through the New York State Office of General Service, claimed that since Lake Mahopac is a state-owned waterway that the town had no authority over the docks built beyond the 25-foot from land boundary.
Supreme Justice Daniel D. Angiolillo, who wrote the decision said “the Town failed to state a cause of action pursuant to the Uniform Building Code Act or the Town’s zoning ordinance. Where, as here, the State owns a navigable body of water and the submerged land beneath that water, the State has exclusive authority to regulate construction on that submerged land absent a delegation of that authority to a municipality,” in the ruling.
The judge cited Public Lands Law § 75: “The State, through the OGS, may issue “grants, leases, easements, and lesser interests, including permits, for the use of state-owned land underwater and the cession of jurisdiction thereof consistent with the public interest in the use of state-owned lands underwater for purposes of navigation, commerce, fishing, bathing, and recreation . . . and access to the navigable waters of the state.”
Angiolillo did mention how the Town of Carmel may have authority under TheUniform Building Code Act, but noted that “The Town did not allege in the complaint that the subject reconfigured docks violated the Uniform Building Code Act or any provision thereof.” Melchner, who with his wife, has owned the marina for 42 years, was ecstatic over the win.
“We stood up to the bullies and we exposed that they were trying to take away the people’s rights to that water,” he said.” That is what they were doing by saying the Town of Carmel had jurisdiction over the docks when they knew that they didn’t.”
Although it would have been easier from an emotional, mental and financial standpoint to back down, Melchner said that was never an option.
“Would it have been easier to just takethe docks down and go one living our life?,” asked Melchner. “Sure but we are not those kind of people. We stand up to bullies and stand up for what is right.”
The Melchners are active members in the community and who support and volunteer for numerous organizations.
“Lillian and I have invested our lifeblood into the community,” said Melchner. “For us it is a pleasure to be here. If we become the problem then we are not going to keep this community great.”
The experience has taught Melchner to be concerned about government spending.
“Here is a bunch of people that have spent taxpayers money to take us to court for something they knew the town had no authority over,” said Melchner. “The amount of money the town spent going to court against us should have been spent going after drug dealers and murderers. That is what they should have done.”
Carmel Town Supervisor Ken Schmitt said that he could not comment about the case. “Regarding the Melchner court case decision and order, on Wed. the town board is meeting in executive session with counsel to discuss the Appellate Courts decision, at this time the town will not be commenting on the matter, I fully expect after Wed. evening ex. session meeting that the Town will have a public statement in regards to the case,” he said in a statement.”
Adam has worked in the local news industry for the past two decades in Westchester County and the broader Hudson Valley. Read more from Adam’s author bio here.