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HomeMy WebLinkAboutCAC-10/22/1985 FO(,��oo tl� 7 Town Hall, 53095 Main Road P.O. Box 1179 TELEPHONE ` Southold, New York 11971 (516)765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The Southold Town Conservation Advisory Council held its regular meeting on Tuesday, October 22, 1985, at 8: 00 P.M. , at the Southold Town Hall, Main Road, Southold, New York. Present were: Martin H.' Garrell - Chairman Heather Cusack - Member Jeanne Marriner• - Member Betty Wells - Member Ralph C. Condit II - Member John Holzapfel - Member John Tuthill - Member Linda J. Cooper - Secretary Also attending were: Charles Bowman - 'The Land Use Company Mr. Canalizo - Wetland Application #271 Mr. Reil - Resident of Mattituck Estates Bob Costanzo - Adjacent property owner to Thomas Cramer (#312) Mr. Silverman - t"Tetland Application No. 314 Frank Kujawsk.i - Southold Town Trustee Moved byMartin Garrell, seconded by John Tuthill, it was RESOLVED that the minutes of- th.e regular meeting held Tuesday, September 19, 1985 be -corr.ected and approved, Vote of the Council; Ayes, All The Council approved the decision to join the New York State Associ.ati-on of Conservation Commiss-ions:, The membership for the group is $50, 00, Mr, Garrell will contact th.e S-upervisor, Francis Murphy, ab.out the deci.s ion. REPORTS Jeanne Marri,ner reported on information sh-e had received from Dave Newton, of the Cooperative Extension, He wants the Council ' s assistance in educating the public .in regards to groundwater, etc . Jeanne has literature concerning this, which- she will copy and distribute, The N,,F::E.C, and League of Womern Voters will coordinate th.e program. The DEC h-as funding which would be available for this program; possi.bli.ti.es would be a video tape. The Council designated Jeanne Marriner as their representative to this program. Ralph Condit reported the Green Seal program is complete for Page 2 this year. He will be checking with Bay Constable Donald Dzenkowski about participation in the program for next year . Heather Cusack attended the Long Island Sound Conference held October 19 , 1985. She plans to present a basic review of the majors points from the meeting, at a later date. Martin Garrell told the Council that, after elections, the CAC will be making a monthly report to th.e Town Board to keep the Board abreast of the Council ' s activities. Martin'Garrell, the Council ' s representative - to the- Long Island Sound.-Study, . stated that_ due to the full_ agenda -at -th.e present meeting, he would report at _,the next meeting. DISCUSSIONS : Grainer and Ganal'izo Applications: Charles Bowman, of The Land Use Company, representing Mr. Canalizo) and Mr. Canalizo were in attendance to answer any questions concerning Mr. Canalizo' s wetland application. (Please note: Th.e CAC recommended disapproval to the Southold Town Trustees of Wetland Application No , 271 on June 19, 1985. However, Mr. Canalizo owns- a lot adjacent to Thomas Cramer, Wetland Application No . 312, and therefore was able to give information concerning both parcels .. ) Martin Garrell asked_ where the proposed house would be in relation to the wetlands. Mr . Bowman stated h.er was not positive about th.e ' Cramer house, He said, from his previous encounters wi�th_ th,e lot, th.e house would be nestled :.i.n the northwest corner of the lot . Its th.e highest point and would be th.e only location to put th.e house and septic system. At that time, Mr, Garrell then questioned wh_eth_er Mr. Bowman was talking about septic systems, cesspools or something different .. In addition h.e wondered about Suffolk. County"a stand on advanced septic systems (deni.trification systems-) instead of cesspools Mr. Bowman responded that th-e Suffolk. County Department of Health requires- a five (5) pool, shallow pool system, unless th.ere:'_-. is 1W to ground water, A normal system i.s three (3) pools, "Th-e difference is not so much that they (3 pool system) fucti.on any, better, its just you can get them in a smaller area, " A 5 pool system requires a variance hearing with the'.the S',C.. Dept . of Health.. (Cramer appli.cati_on shows a 3 pool sy:s-tem, J Mr. Bowman, in answer to the deni.tri.fi.cat. .on question;,, respon:_ that th.e system i.s in experimental stages at present , Suffolk- County IHealth. Department requires them now- 'in commercial projects , multi-family, and just recently., on detached single hous-i.ng in subdivisions, where there would be one '''super-system'' ,, The problem with_ a denite system is it works- in theory but no one known if it will work- in years to come. Once"�P:they ' re instal-led in 'the ground, th-ere .s a strong possibility th-e will be forgotten , A testing program must be :instituted to be sure th-e system is- still working, Also th.e specs keep changing, S-i.ngle family residences have not yet ::received approval for denite systems, Mr, Bowman stated he warned prospective buyers of the Cramer and Canali.zo lots that the houses would have to be designed so they do.. not impact the wetlands . His suggestions- were, 1. J stringent buffer areas between houses and wetlands 2. ) sanitary systems confa m to S. C. Health Dept . regulations Page 3 3 . ) keep natural growth and plantings, do not plant lawns In response to additional questioning by the Council, Mr. Bowman and Mr. Canalizo supplied the following information: In their opinion, pollution would not be a problem because they have S.C. Health Department approval for the septic systems and there would be minimal boat pollution because of the restricted access to the area. The buyers would have been , aware the lots were non-conforming, all the available lots in the area are non-conformiing. In opposition to the applications , Mr. Reilly, a Mattituck Estate resident , noted that the Cramer lot was the best of all the lots , with only (100 ' of dry land, the rest is wetlands . He felt it would be very difficult to place a house, well, and septic system on only 100 ' of dry land. Commenting further in opposition to the application was Robert Costanzo, who owns property adjacent to th.e Cramer And Canalizo lots . The major pond is completely on his property . He first stated that the two 24" corregated metal pipes which run under to the road for drainage are, . at present , 80% clogged. Drainage is very poor . He also stated that the Cramer lot was at least 40% under water after the storm in March .of 1984, all the other lots were completely submerged. Mr. Costanzo then presented- a video tape to disprove the statement in the applicant ' s Environmental Assessment Form that there would be no significant impact to th.e wildlife and .that there were no fish. in the pond. The video s.h.owed. egr-ets_, ' blue heron and ducks; the heron- was feeding in the pond. H.e stated, from his personal knowledge, the area is used as a nesting spot for Canadian geese and swans. He also stated that fish., ,-.,,eels, and fiddler crabs were all present in the pond. Mr. Costanzo feels the houses would drive- the wildfife from the area. Also run off from the houses would go right into th.e pond. Silwerrrian. Appl'i:catiori No. 314 Charles Bowman also represented Mr. Silverman at the meeting. A brief history was given. The present project proposes to dredge 150 cu.yd. to enable him to get his boat to his dock. Mr. Bowman stated they would not affect wetlands and would reduce the bottom depth'f,by1.1=foot . Mr. Silverman expressed his feelings that a request by the Trustees for a Environmental Empact Statement was unjust since approval was given previously for a project 7 times larger. Martin Garrell explained the guidelines now .in effect, recommended by the Town Board and Trustees were: "Dredging of existing channels, and maintenance dredging, and dredging which. had tak.en place im th.e historic past" was acceptable. "Dredging to open up new areas; " "Dredging to put in moorings, or more, or larger craft ; " "Dredging to open up new marinas, or enlarge marina slips" must be carefully scrutinized. These guidelines had been implemented since the larger project Page 4 was approved. The new, smaller project would be viewed on its own merits . and not in comparison to any previous application of which Mr. Silverman received approval. In response to the guidelines , Mr. Silverman stated the pond had been dredged .previously. The pond was dredged for a bulkhead and maintenanced dredged. Martin Garrell . expressed concern in regards to dredging of the pond mouth, which is quite narrow. Mr. Bowman maintained that the 3 on 1 slope is a standard in creating and establishing wetlands . The applicant proposes to use a small hydratlicdredge and pump it onto the adjacent upland area and contain it . (Application does not indicate a small hydraulic dredge) i At low tide the pond is approximately 12 ' to 22 ' deep . The entrance would be dredged 12' in the center 9 ' to create a 3 ' depth. RECOMMENDATIONS : On a motion made by Ralph Condit, seconded by Jeanne Marriner is was RESOLVED to recommend to the Town Trustees approval of Wetland Application NO. 299 submitted by En-Consultants , Inc. on behalf of John & Joan Donnelly to construct 200 l . f . of timber retaining wall plus (2) 10 ' returns . Backfill with 350 + cu. yds . of clean sand and loam to be trucked in from commerical upland source. Private road off Park Avenue, Mattit.uck. Vote of Council: Ayes : All On a motion made by Heather Cusack, seconded by Martion Garrell is was RESOLVED to recommed to the Town Trustees approval of Wetland Application No.' 309 submitted by the North Fork Marine Construction, Inc. on behalf 'of Raymond Sweeney.. to construct a timber catwalk, ramp, and float . The approval is with the stipulation that the catwalk across the wetlands be Elevated by the standard 3' . 12 Sandy Beach Road, Greenport . Vote of Council: Ayes : All On a motion made by John Holzapfel, seconded by Martin Garrell is was RESOLVED to Table Wetland Application No. 310, submitted by En- Consultants, Inc. on behalf of Neil Simon, -for an irispection 'by the Council . Vote of Council: Ayes : All On a motion made by John Holzapfel, seconded by Ralph Condit it was RESOLVED to recommend to the Town Trustees approval of the Wetland Application No . 311 submitted by John Kramer to replace 15' bulkhead. Windjammer Drive, Harbor Lights , Southold. Vote of Council: Ayes : All BPage 5 On a motion made by Martin Garrell, seconded by Ralph Condit it was RESOLVED to recommend to the Town Trustees disapproval of the Wetland application No. 312 submitted by Thomas Cramer to construct a 1545 sq. ft . , two story frame single family residence with attached garage, deck,. well, and sanitary system. The recommendation of disapproval was given for the following reasons: 1. Suffolk County Health Dept . requires a cesspool system. Ralph Condit stated that 100 ' of sand is needed to filter out bacteria. The lot does not have the area needed to allow the proper .]reaching.,process. 2 . Non-conforming. Town law states 75' setback, the plan only allows 28' from marsh 3. The lot is at the headwaters of a tidal creek, the Council fears runoff from the property will cause pollution . 4. Disturbance of critical marsh habitat - Black duck, which is virtually an endangered species, nest in the marsh.. Meadow Lane, Mattituck Estates , Mattituck. Vote of Council : Ayes : Martin Garrell Ralph Condit Heather Cusack Betty Wells Jeanne Marriner John Holzapfel John Tuthill - Only because the lot is non-comforming. On a motion made by Martin Garrell, seconded by Ralph Condit it was RESOLVED to Table Wetland Application No. 312 submitted by The Land Use Company on behalf of Henry Smith. The Council would like to see the following issues addressed: 1. Actual, amount to dredged. Application shows 1000 c.y . Mr. Smith verbally .states 150 - 200 c.y. 2 . Specify placement of spoils while it..is drying out, prior to being moved upland. 3 . Has area been dredged in the past, nearby, of a like_ nature? 4 . Does Mr. Smith know of any future dredging projects which may occur (Moeller) Vote of Council: Ayes : All On a motion made by Ralph Condit, seconded by John Tuthill it was RESOLVED to recommend �.too�t.he Town Trustees disapproval of the Wetland Application No." 314 submitted by The Land Use Company , on behalf of Daniel Silverman to construct a dock and dredge approxi- mately 150 c.y . The Council recommeds disapproval because they do not believe the plan can be done without harming the wetlands .The neck is only 10 ' wide and the plan is to. dredge 9 ' wide with sloping. Wunneweta Road, Nassau Point, Cutchogue. Vote of Council: Ayes : All Page 6 NEW BUSINESS : John Tuthill expressed a desire to use a town vehicle for inspections . Martin Garrell said he would see if the Council could get a town vehicle for inspections . The next regular meeting of the Southold Town Conservation Advisory Council was scheduled for Tuesday, November 26, 1985 at 8: 00 P.M. in the Town Hall . Group inspections will be made on Friday, November 15, 1985: The group will meet at the Southold Town Hall at 3: 00 P.M. The new applications were divided as follows : No . 315 - Martin Garrell No. 316 - Jeanne Marriner No. 317 - Martin Garrell No. 318 - Group Inspection No. 319 - Group Inspection No . 320 - Jeanne Marriner No. 321 - Jeanne Marriner No. 322 - Group Inspection No. 323 - Group Inspection No . 324 - Group Inspection Planning Board Referral - Group Inspection On a motion made by Ralph Condit, seconded by Jeanne Marriner itwas RESOLVED to adjourn the meeting. at 10: 40 P.M. Vote of Council: Ayes : All Respectfully submitted, Linda J. Cooper, Secretary FILLED S t..i.�1 141�%' •�'•i ':�•^-. •. , ... 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