HomeMy WebLinkAboutTB-10/05/2021 WS 1
1 COUNTY OF SUFFOLK : STATE OF NEW YORK
2 TOWN OF SOUTHOLD
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4 TOWN OF SOUTHOLD
5 WORK SESSION TOWN BOARD MEETING
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8 Southold, New York
9 October 5 , 2021
9 : 14 A. M .
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13 B E F 0 R E :
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15 SCOTT A . RUSSELL, SUPERVISOR
16 LOUISA EVANS , BOARD MEMBER
17 JILL DOHERTY, BOARD MEMBER
18 JAMES DINIZIO, JR . , BOARD MEMBER
19 ROBERT GHOSIO, BOARD MEMBER
20 SARAH NAPPA, BOARD MEMBER
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1 HARBOR VIEW COTTAGES , LLC
2 COUNCILMAN ROBERT GHOSIO : Resolved of
3 the Town of the Town of Southold hereby
4 sets , Tuesday October 5, 2021 at 9 : 01 A .M . ,
5 at the Southold Town Meeting Hall , 53095
6 Main Road, Southold, New York, as a time and
7 place for a Public Hearing upon the Coastal
8 Erosion Hazard Board of Review Appeal of
9 Harbor View Cottages , Harbor View Cottages ,
10 LLC, which seeks relief from Chapter 111- 6
11 to construct a nonremovable dock, more than
12 200 square feet, within a near shore area in
13 a Coastal Erosion Hazard Area located on
14 property on parcel SCTM* 1000- 10- 9- 6 . 1 , 520
15 Sterling Street, Fishers Island, New York .
16 A complete copy of the legal notice is
17 available for public inspection and copying
18 during regular business hours . Hours are
19 Monday through Friday, 8 : 00 A. M . to 4 : 00
20 P . M . , and has been available for viewing on
21 the Town ' s website . I do have an affidavit
22 that this was published in the Suffolk
23 Times . I have a copy of the Public Hearing
24 notice . I also have a copy here of a
25 notarized affidavit that this was advertised
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1 by the Town Clerk ' s Office . And that is all
2 I have .
3 SUPERVISOR SCOTT RUSSELL : And with
4 that, I am going to let you have the floor
5 and tell us what you ' re doing .
6 GLEN JUST : Good morning . My name is
7 Glen Just . I am the agent for the
8 applicant . Should I hand in the green cards
9 now or --
10 COUNCILWOMAN JILL DOHERTY : You can
11 give them to me . Thank you .
12 GLEN JUST : Photographs of the
13 posting . Under Chapter 111 of the Town
14 Code, Coastal Hazard Erosion Area, a dock is
15 defined as a structure . A dock that exceeds
16 200 square feet in order to meet with
17 regulations and policies of the Board of
18 Trustees , with the Wetlands Code, the DEC,
19 Department of State Coastal Management and
20 the Army Corp of Engineers . This is a dock
21 reconstruction proposal not -- which is not
22 under regulated and has to conform with
23 Coastal Hazard Erosion Regulations . One of
24 the factors being the dock being removable .
25 It is a requested of a variance under
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1 Chapter 111 be granted due to the history
2 and nature of the site . Similar structures
3 is located in West Harbor, and I have
4 submitted an aerial photograph showing that
5 those are all the docks in the area . This
6 dock has -- the proposed dock has been
7 designed to be structural stable, with
8 environmental condition that are in West
9 Harbor ( inaudible ) exceed all the
10 requirements of the aforementioned agencies .
11 The proposed reconstructed dock exceeds the
12 200 square foot limitation therefore by
13 code, must be removable . This requirement
14 is contrary to proper construction
15 ( inaudible ) negative impacts on West Harbor .
16 I have reviewed Article 34 of the DEC ' s
17 Conservation Law, which the Town -- the
18 Town ' s Coastal Erosion Hazard Law is based
19 on . It is felt that a 200 square foot dock
20 design is more suitable to mainland portions
21 of Southold, not Fishers Island, which
22 creates part of the hardship . The hardship
23 under Chapter 111-D, requires that dock
24 construction must be less than 200 square
25 feet or removable ( inaudible ) . The dock
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1 less than 200 square feet could not be used
2 for dock in this location . This is not long
3 enough to reach the depths to safely dock a
4 boat due to water depths . In this
5 particular case, a dock of 200 square feet
6 would be located landward ( inaudible ) water
7 and basically be unusable . The annual
8 removal and reinstallation of a dock could
9 cause scouring, sedimentation, where
10 permanent dock is a one-time necessary --
11 one-time -- ( inaudible ) . What I am trying
12 to say, removing all the piles each year
13 will create, what I think will ( inaudible ) .
14 Chapter 111-C, near shore areas , is
15 prohibited near shore areas unless it ' s
16 simply provided for by the Chapter . It ' s my
17 feeling that all docks can be located near
18 shore areas . Also reviewing Chapter 111
19 findings , the Long Island Sound, Gardiner ' s
20 Bay, Long Beach Bay and no mention of
21 Fishers Island or West Harbor . In
22 conclusion, Chapter 111 , which creates a
23 regulated activities , set standards to
24 prevent, if possible, or minimize adverse
25 impacts on nature protective ( inaudible ) as
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1 well as erosion to structures . The Coastal
2 Erosion ( inaudible ) findings -- proposed
3 activity A, it ' s reasonable and necessary
4 considering reasonable alternatives to a
5 proposed activity and to the extent which a
6 proposed activity requires a shoreline
7 location . B, it ' s not likely to cause an
8 increase in erosion at the site or other
9 location . C, it prevents , if possible or
10 minimizes adverse impacts and natural
11 protective features from its protected
12 values . ( Inaudible ) erosion control
13 ( inaudible ) natural resources . My feelings
14 are, that under A, post dock reconstruction
15 is reasonable and necessary for boating
16 access for proper boat depths , proper
17 shoreline location . B, it ' s not likely that
18 the reconstruction of the dock, which was
19 originally constructed greater than 60 years
20 ago, even constructed 25 years ago, will
21 cause increase in erosion at this site .
22 This site contains an existing stone
23 seawall , which is existing erosion control
24 structure . C, post-dock construction will
25 have no negative impacts on the natural and
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1 protective features and their functions and
2 protected values . ( Inaudible ) . Sorry . A
3 little bit nervous this morning, but if
4 there is any questions about this? I think
5 it ' s pretty straight forward .
6 SUPERVISOR SCOTT RUSSELL : How far
7 are you extending the existing?
8 GLEN JUST : 20 feet . And that is
9 just to get an increase in water depth .
10 It ' s pretty shallow where the dock is now .
11 SUPERVISOR SCOTT RUSSELL : It ' s in a
12 fairly protected area .
13 GLEN JUST : It ' s also noted -- I
14 didn ' t put in my little spiel , but in ' 94 ,
15 according to the Town records , a permit was
16 previously issued to the previous owner
17 Catherine Hale (phonetic) . Reconstruction
18 of a dock . A wetlands permit was applied
19 for, but not a coastal erosion .
20 COUNCILWOMAN JILL DOHERTY : I think
21 that was ( inaudible ) ' 89 or ' 90 it was .
22 SUPERVISOR SCOTT RUSSELL :
23 ( Inaudible ) did they get a chance to review
24 it?
25 GLEN JUST : I ( inaudible ) about those
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1 folks . They are pretty thorough . I was
2 there with Mr . Readimeyer --
3 JUSTICE LOUISA EVANS : I did forward
4 it to the administrator eelgrass coalition .
5 So they had a copy of the application .
6 SUPERVISOR SCOTT RUSSELL : And they
7 had no --
8 JUSTICE LOUISA EVANS : I saw no
9 comments coming back . It ' s not an area that
10 they ' re looking to preserve the eelgrass .
11 GLEN JUST : We did take a close look
12 too . We didn ' t notice the presence of any
13 eelgrass .
14 JUSTICE LOUISA EVANS : I just had a
15 general question and maybe not necessarily
16 for Glen, but when you get a permit back --
17 Mrs . Hale got a permit back, you said in
18 19 -- I forgot what the date was . Did the
19 Trustees re-look at having issued the permit
20 to see -- to make sure that the same
21 standards are being used and everything?
22 Once you get a permit, even if you haven ' t
23 built it, it lasts forever?
24 COUNCILWOMAN JILL DOHERTY : Back then
25 it didn ' t . Now it doesn ' t . Once you build
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1 it, it lasts forever . If you don ' t build
2 it, it has a four year life . If you build
3 it, 80o built, then it ' s forever .
4 COUNCILMAN ROBERT GHOSIO : I don ' t
5 have a problem with it .
6 COUNCILWOMAN JILL DOHERTY : I don ' t
7 either .
8 SUPERVISOR SCOTT RUSSELL : Any other
9 questions?
10 (No Response ) .
11 SUPERVISOR SCOTT RUSSELL : Can I get
12 a motion to close the hearing?
13 COUNCILMAN ROBERT GHOSIO : Motion to
14 close the hearing .
15 COUNCILWOMAN JILL DOHERTY : Second .
16 SUPERVISOR SCOTT RUSSELL : All in
17 favor?
18 COUNCILWOMAN JILL DOHERTY : Aye .
19 COUNCILMAN ROBERT GHOSIO : Aye .
20 JUSTICE LOUISA EVANS : Aye .
21 SUPERVISOR SCOTT RUSSELL : Aye .
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23 ( Public Hearing Concluded : 9 : 20 A. M . )
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1 C E R T I F I C A T I O N
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4 I, JESSICA DILALLO, a Court Reporter
5 and Notary Public, for and within the State
6 of New York, do hereby certify:
7 THAT the above and foregoing contains a
8 true and correct transcription of the
9 Public Hearing held on October 5, 2021 ,
10 via videoconference, and were transcribed by
11 me.
12 I further certify that I am not
13 related to any of the parties to this
14 action by blood or by marriage and that I
15 am in no way interested in the outcome of
16 this matter.
17 IN WITNESS WHEREOF, I have
18 hereunto set my hand this 26th day of
19 October, 2021 .
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21 0�z
22 4essica DiLallo
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