HomeMy WebLinkAboutTR-4650
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. .I '-:1 Jim King
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
Albert J. Krupski. President
John Holzapfel. Vice President
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
s8ptember 26, 1996
Craig M. Arm
P.O. Box 1675
Southo1d, NY 11971
Re: VINCENT & LINDA BASILICE
SCTM 1153-6-8
Dear Mr. Arm,
The following action was taken by the Board of Town Trustees
during its regular meeting held on September 25, 1996, regarding
the above matter:
WHEREAS, Craig M. Arm, on behalf of VINCENT & LINDA BASILICE
applied to the Southold Town Trustees for a permit under the
provisions of the Wetland Ordinance of the Town of Southo1d,
application dated Sept. "6, 1996, and,
WHEREAS, said application was referred to the Southold Town
conservation Advisory council for their findings and
recommendations, and
WH~, a Public Hearing was held by the Town Trustees with
respect to said application on September 25, 1996, at which time
all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area,
and,
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and,
WHEREAS, the structure complies with the standard set forth in
Chapter 97-18 of the Southold Town Code,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare of the
people of the town,
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.
NOW THEREFORE BE IT.
RESOLVED, that the Board of Trustees approves the application of
VINCENT & LINDA BASILICE to construct a 4' X 21' addition and
install an 18' X 51' brick patio and install leaders, gutters
and drywe1ls for whole structure. Located: 3255 Bayshore
Road, Greenport. SCTM \153-6-8
BE IT FURTHER RESOLVED that this determination should not be
considered a determination made for any other Department or
Agency which may also have an application pending for the same
or similar project.
Permit to construct project will expire two years from the date
it is signed. Fees must be paid, if applicable, and permit
issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project.
FEES: None
Very truly yours,
tlLtf.·¡ 9. /~' 9,
Albert J. Krupski, Jr.
President, Board of Trustees
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Telephone
(516) 765-1801
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
The following recommendation was adopted at the meeting of the Southold Town
Conservation Advisory Council on September 23, 1996 :
1378
Moved by Allan Connell, seconded by Bruce Loucka, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH STIPULATIONS of the Wetland Permit Application of VINCENT AND
LINDA BASI LICE 53-6-8 to renovate existing house. Construct a ~, x 21'
addition on water side of the house and install an 18' x 51' on grade patio.
3255 Bayshore Road, Greenport
The Council recommends approval provided that a 20' non-turf buffer be
installed behind the bulkhead and 6" - 12" below the top of the bulkhead to
allow the storing and percolation of runoff.
Vote of Council: Ayes: All
Motion carried.
Alben J. Krupski. President
.JOhn Holzapfel, Vice President
Jim King
Martin H. Garrell
Peter Wenczel
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Town Hall
53095 Maio Road
P.O. Box [179
Southold, New York 11971
Telephone (516) 765-[892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTH OLD
MINUTES
SEPTEMBER 25. 1996
PRESENT WERE: John Holzapfel, Vice-President
Peter Wenczel, Trustee
Martin Garrell, Trustee
James King, Trustee
Diane Herbert, Clerk
CALLED MEETING TO ORDER
PLEDGE OF ALLEGIANCE
.
NEXT FIELD INSPECTION: Wednesday, October 16, 1996, at 1:30 p.m.
TRUSTEE HOLZAPFEL approved, TRUSTEE WENCZEL seconded. ALL AYES
NEXT TRUSTEE BOARD MEETING: Wednesday, October 23, 1996, at
7:00 p.m.
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE WENCZEL seconded.
ALL AYES
WORKSESSION: 6:00 p.m.
APPROVED MINUTES: Approved minutes of August 28, 1996 Regular
Meeting.
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL
AYES
I. MONTHLY REPORT: The Trustees monthly report for August
1996: A check for $2,155.70 was forwarded to the Supervisor"s
Office for the General Fund.
II. PUBLIC NOTICES: Public Notices are posted on the Town
Clerk's Bulletin Board for review_
III. AMENDMENTS/WAIVERS/CHANGES:
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l.
MICA
onto
SCTM
Samuels & Steelman on behalf of ANTHONY PANZARINO &
MC CANN requests a Waiver to construct a 3' X 25' deck
existing house. Located: 800 Strohson Road, Cutchogue.
#103-10-23
Bo~rd of Trustees
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September 25, 1996
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TRUSTEE HOLZAPFEL moved to table the application because Al
inspected and he was not present at this meeting and there was
some confusion as to whether the applicant wanted to withdraw
the request until another time, TRUSTEE GARRELL seconded. ALL
AYES
2 . DR. ANTHONY BENNARDO
of approx. 5' of post and
repair to existing fence.
Cutchogue. SCTM #119-1-15
TRUSTEE HOLZAPFEL moved to
AYES
requests a
rail added
Located:
Waiver for the addition
to existing fence and
10375 Nassau Point Road,
approve, TRUSTEE KING seconded. ALL
3. Bruce Anderson on behalf of CAROL CASSEL requests an
Amendment to Permit #4218 to construct a 10' X 12' deck onto
catwalk with steps down to beach. Located: 800 Willow Point
Road, Southold. SCTM #56-5-40
TRUSTEE WENCZEL moved to deny the Amendment because it is not a
pOlicy to place structures on beach, TRUSTEE HOLZAPFEL seconded.
IV. PUBLIC HEARINGS:
·
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO
ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
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1. In the matter of shellfish limits. Proposal to change the
commercial limit of oysters in Town waters from 5 bushels a day
to 2,000 oysters a day.
TRUSTEE HOLZAPFEL: Is there anyone here to speak in favor of
this motion.
KEN POLIWODA: I'm the President of the Baymen's
Association. We're in favor of this change. We met on
September 12th and we discussed the 2,000 oyster change. We
thought it was good because we know it makes it easier for the
being in force. Also we thought 2,000 was a good number to go
with for the bushel of cocktails, a fresh set of cocktails. It
won't create a hardship. It's a good number.
TRUSTEE HOLZAPFEL: Anyone else want to speak in favor?
STEVE LATSON: Secretary to the Baymen's Association. Our
group would like that. First of all the question is what is a
bag? 2,000 specific number. We changed the clams over to 2,000
a couple of years ago and it worked out very well. I just don't
see any problem with it. As far as any environmental
situations, I just don;t see any problem. When I first started
catching oysters a few years ago we catching quite a few more
than that everyday. The other thing to take into account is
that it is a conditional area, so it might only be open 10, 20
maybe 30 days out of the year. It's important to the land.
BOdrd of Trustees
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September 25, 1995
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TRUSTEE HOLZAPFEL:
Anybody against?
TRUSTEE KING: I have some comments. I
and one of the questions I asked myself
bushel limits? Anybody know? When did
why?
BAY CONSTABLE DZENKOWSKI: I can't answer that right now.
TRUSTEE KING: I contacted some dealers and I talked to Braun
Oyster Co., I talked to Bill Zeller at Captain Clam, I talked
to Flowers Oyster who is Dave Ralya who sits on the Advisory
council and Mattituck Seafood. And I kept getting the same
numbers from all of them. I asked what was the average count
and they said 200-250 at bed. Growing oysters I would prefer to
see a smaller count for a large oyster. The minimum size
they'll accept is a 5" oyster. And what they mean by a 5"
oyster is they take the length times the 5" and add it to the
width. If it's a 3" build at hinge they add whatever the width
is. They need a 5"......This is how they do it up west. They
add the length to the width.
TRUSTEE WENCZEL: And you said the average is 250?
TRUSTEE KING: 200-250 is the average I've gotten from everybody
I talked to. Mastic Seafood.....and talking to Dave Ralya he
said the small cocktail oysters is really not a demand for. He
said Steve Malinowski is kind of filled a market nitch and
is getting good money for them but no one else seems to want the
small oysters. I just questioned the number and I think it
might be lot more than we've been taking. It's the only
question I have.
TRUSTEE WENCZEL: Well I can tell you that the accepted bushel
in the past has been enforced and is accepted, you can get a lot
more 250 cocktails there.
TRUSTEE KING: I'm not disputing that.
they can get.
DON DZENKOWSKI: I think what we've been getting by count is
what we would like to see in the bag, what they can sell. In
other words, if you've got a bag bushel, we've like to have bags
with 200 oysters for market. Some dealers could have a 400
bag. Basically 5 bushels, depending on the size, you can get
anywhere between 1,400 or 1,700 depending on the size. (He
talked too low, could no hear him).
TRUSTEE WENCZEL: Are you in favor of this change, Don?
DZENKOWSKI: I am not for or against it.
TRUSTEE WENCZEL: As an enforcement?
DZENKOWSKI: Basically the guys are culling in the 200 count
bag. So I mean, they came to the dock and they got 7 bags and I
wanted to check, they'd have to redump it all and they'd have
to recount them again. So, from their standpoint and in all
fairness it probably would be better to recount them.
TRUSTEE KING: Well they're buying them by the count and it
makes sense to sell them by the count.
DZENKOWSKI: To be practical about it, it should be changed to
that.
Anybody else wishing to speak in favor.
did a little research
was why do we have 5
it come into effect and
What the dealers told me
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Boqrd of Trustees
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September 25, 1996
TRUSTEE HOLZAPFEL: That's the whole purpose of this
legislation, is to try to change it so we have a definite count
and to make it easier on everybody, the Baymen and......
DZENKOWSKI: The older the oyster gets, the bigger it's
gonna get and the less your gonna get.
TRUSTEE GARRELL: The guestion I have the Baymen are probably in
the best position to talk about that question of over
harvesting, over exploiting. Apparently you don't see there's
any problem with it. Is that right?
STEVE: Yes. We've been oystering in there for quite a few
years and the oysters are still there. The biggest threat over
harvesting in some Baymens' point of view is a bunch of people
have other jobs. And that poses more of a challenge to stock
around this area whether scallops, clams or oysters than
anything else. It isn't Baymen. You had 120 people scalloping
last year and only 20 Baymen.
TRUSTEE WENCZEL: I'd just like to point out that in Mattituck
Inlet, which is a conditional, a large portion of the creek is
permanently closed there. There's a fairly large population in
those closed areas.
TRUSTEE KING: Dave Ralya said the spawning is just tremendous.
TRUSTEE WENCZEL: I don't think that over harvesting the spawn
is a problem.
(Don Dzenkowski spoke but could not hear him).
TRUSTEE HOLZAPFEL: Any other comments? I'll make a motion that
we close the hearing.
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make a motion that in the matter of
shellfish limits that we change the commercial limit in Town
waters from 5 bushels a day to 2,000 oysters a day.
TRUSTEE WENCZEL: Second. ALL AYES
2. En-Consultants Inc., on behalf of EDWARD THORP requests a
Wetland Permit to construct a 2 story, 1 family dwelling,
swimming pool, decks, pervious driveway, underground utilities,
sanitary system, well, as per revised survey dated 4/17/96.
Located: 385 North Lane, East Marion. SCTM *31-7-10
TRUSTEE HOLZAPFEL: Is there anybody here who would like to
speak in favor of this application?
DIANNE LE VERRIERE: On this one I'm not sure if you have any
questions on it. It's possible that the plans might be
changed. We've gotten some comment back from the Dept. of
Health and from the DEC. in regards to it's indicated as an
existing well. There's just some discrepancy as to what the
wells there for and why is there.....what he's proposing. So we
sent a letter to Mr. Thorp dated 9/23/96 and I have yet to hear
back from him.
TRUSTEE GARRELL: So perhaps we should table this.
DIANNE: Yes.
TRUSTEE HOLZAPFEL: This is a whole separate question only
because I am somewhat familiar with the property. My question
was I think that that probably isn't the house that's gonna be
built there. Edward Thorp is selling the property and that this
house was just drawn up. So that's my question, is this really
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Board of Trustees
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the plan that you plan to get through, or this just a front to
get a permit so that they could sell the property.
DIANNE: I think that this was just a plan to get permits.
TRUSTEE HOLZAPFEL: I'll make a motion we table this.
TRUSTEE WENCZEL: Second. ALL AYES
3. En-Consultants Inc., on behalf of NORMAN WENCK requests a
Wetland Permit to replace 142' of timber bulkhead within 18"
including return on west side, backfill with 50+/- c.y. of clean
fill, remove & replace a 4' X 12' stairway seaward of wall, 4' X
15' platforms and stairs landward of wall and down face of bank,
and remove existing 68' of timber groin and replace with a low
profile structure of same length. Located: 415 South Lane,
East Marion. SCTM ~31-16-2.2
TRUSTEE HOLZAPFEL: Are there any comments from the general
public on this project?
DIANNE: I represent the applicant.
deteriorated and the groin is also.
TRUSTEE GARRELL: It's all there.
DIANNE: I would agree with you.
TRUSTEE HOLZAPFEL: Is there anybody else who wants to speak in
favor? Is there anybody who wants to speak against this project.
ALLAN CONNELL: The CAC had no problem with the bulkhead and the
stairs but the only thing.....and this is a classic example of
the damage a groin would do to a site. If you went out to that
site and looked at it everything to the east of that groin was
built up really well and if you looked at on west side the whole
area was destroyed because of what that groin has done. I'm the
first to say, if they were to maintain the low profile groin it
Nou1d work, but how many times has anyone maintained a low
profile groin? So we are recommending that everything that we
approve except the groin. It's just doing damage to the entire
site.
TRUSTEE GARRELL: I understand your point but the structure
exists now and the applicant has the right to essentially repair
and restore it. We could urge maintenance, but there's nothing
more to enforce it. Any ideas Dianne?
DIANNE: I think that's part of the Southo1d permit that these
structures, once they're built, are to be maintained. This is one
groin in a series of groins.
MR. CONNELL: It's the last one in the line.
TRUSTEE HOLZAPFEL: The property makes a big turn, doesn't it?
MR. CONNELL: It's all totally eroded by the groin.
DIANNE: In an entire groin field, you really can't blame one
groin.
TRUSTEE HOLZAPFEL:
profile?
DIANNE:
file.
TRUSTEE
TRUSTEE
TRUSTEE
TRUSTEE
The bulkhead is obviously
And they are willing to replace with a low
Well, we submitted the drawings and we have it in the
HOLZAPFEL: Anyone else with comments?
GARRELL: I'll move to close the hearing.
HOLZAPFEL: Second. ALL AYES
GARRELL: I'll move to approve the application.
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Board of Trustees
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September 25, 1996
TRUSTEE WENCZEL: When the Bay ices up next winter, and the ice
comes in there and takes it out, does that mean he has to
replace it within one month, six months, one year?
TRUSTEE GARRELL: Do you want to tack that on?
TRUSTEE WENCZEL: Well, to tell someone it has to be maintained
is pretty nebulous. And if your gonna put that on the permit,
it has to be specific.
MR. CONNELL: I think it's a real problem because none of them
were ever maintained. And they end up being high profile.
TRUSTEE WENCZEL: What do you mean 'maintained?'
MR. CONNELL: Keeping that a low profile structure so when it
does get taken out it is immediately replaced.
TRUSTEE HOLZAPFEL: As a low profile structure. I think once
it's in the permit, that it is a low profile groin, we can
always come back and say, "that's what it has to be". I don't
think we need any special conditions.
TRUSTEE WENCZEL: So, you mean, John, if the areas erodes around
it they have to cut it down?
TRUSTEE HOLZAPFEL: Or if the ice knocks it out, it's replaced
the way it is. It isn't built up. It stays that way. And if
it's functioning it will trap the sand and the sand will go
across it.
TRUSTEE WENCZEL: Then how soon do they have to replace it?
TRUSTEE HOLZAPFEL: I think that's true with just about any
permit that comes through, that the person has the option or
not. Keeping that structure or not. Letting it deteriorate. I
don't think we can put a condition on it. I think that's built
into it.
TRUSTEE GARRELL: Move to approve the application.
TRUSTEE KING: Second. ALL AYES
4. En-Consultants Inc., on behalf of BRUNO CIPPITELLI
requests a Wetland Permit to construct a timber dock consisting
of a 4' X 88' fixed elev. walk, (4' above grade of marsh) a 3'
X 14' hinged ramp, and a 6' X 20' float with 2 pile dolphins.
Located: 220 Broadwaters Road, Cutchogue. SCTM #104-10-7
TRUSTEE HOLZAPFEL: Is there anyone here who wishes to speak in
favor of this project?
TRUSTEE WENCZEL: Dianne, did anyone in the office contact you
about this?
DIANNE: No.
TRUSTEE WENCZEL: Because we were uncomfortable with this. We
were uncomfortable with how close it was to the property line.
I don't have the drawings in front of me, but......
TRUSTEE HOLZAPFEL: It was in a couple of feet of the side line
and usually we have a 15' sideline.
DIANNE: It looks to me from the pictures that it is 15' off the
property line. 15' less of the easterly line.
TRUSTEE WENCZEL: It shows 4' here.
DIANNE: No. Actually that 4' is shown.....if you see the
arrows pointing towards......
TRUSTEE WENCZEL: Oh, I see. That's the width of the dock.
DIANNE: Yes. I think you can scale it out.
TRUSTEE WENCZEL: So you have the 15' off the line.
Board of Trustees
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TRUSTEE HOLZAPFEL: I don't have the file in front if me. Is it
a I'T" or is it....
TRUSTEE WENCZEL: No, it's a ramp and a float extending straight
out. The other thing we are gonna ask you is that if we grant
this permit that it extend no further than the line between the
two adjacent docks. It's gonna be worded that way....
DIANNE: It was supposed to be the same length.
TRUSTEE HOLZAPFEL: We weren't sure. It seemed to be close when
we went out to look at it.
TRUSTEE WENCZEL: So that's gonna be a stipulation. That we
will grant a permit that providing that it extends no further
than a line drawn between the adjacent docks.
TRUSTEE WENCZEL: Was this where some of the spartina mowed
too?
TRUSTEE WENCZEL: Yes.
TRUSTEE WENCZEL: There was a nice neat little path through the
alternaflora but the patents were also mowed off to the west.
This is a new owner apparently. There's a lot of work being
done.
TRUSTEE HOLZAPFEL: You had to walk 10' or 15' down.
DIANNE: I walked all the way down to the area where the
spartina was.
TRUSTEE HOLZAPFEL: But to the next dock. we had walked both
docks to see if we could get a line across to see where we
were. And when we went down you could see where the patents had
been mowed, or appeared to be mowed. So you just might mention
it. Is there anyone who would like to speak in favor of this
application? Is there anyone who would like to speak against
the application.
JOE GOLD: I represent Marion and Terry Delbwak who own the
property to the east. One of the concerns I expressed in the
letter I sent to the Board was the length of the dock. From the
drawing it looked as'if that dock projects quite a ways out into
the creek. As long as it is gonna stop at the line of the
other docks, that's fine. But the other concern that the
Gelbwaks have is the closeness of the dock to the eastern
property. I read the sketch that the Board did and it looked
like 4'. 15' is better. But I really think there's a unique
situation there. Because just east of the Gelbwak property
there's a 6' or 8' right of way somebody or some prior owner of
the eastern property sold the house in back of it. That right
of way has a dock on it. So that there is a dock literally on
the eastern property line of the Gelbwak property. So moving
this dock 15' off the rest of the property line is good. But I
think it would be better for all concerned if this dock is
centered. The lots there are pretty narrow unfortunately. And
there are 2 docks there now and the potential for 3 more.
Because there are 3 lots there who don't have docks. I think
there's a potential situation there that would be unattractive
in the creek and possible interfere with the float. it's pretty
shallow at the end of the creek. It would be a disadvantage to
extend out into the creek. I think if that dock was
centered.....
TRUSTEE HOLZAPFEL: What's the distance?
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Board of Trustees
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MR. GOLD: I think it 71' of frontage on the creek. So if the
dock was centered it would be 35' from the line on each side.
DIANNE: You'd have to clear the trees. Right now there's a
path that meets pretty much dO\VTI to the area where the walk is
supposed to go. If you were to move it to the middle of the
property, there are all kinds of trees.
TRUSTEE HOLZAPFEL: As an immediate reaction when we say 15',
that particular dock, that's why I had asked what the structure
was. It's a straight dock, which means you can really put boats
on both sides. I was gonna make the suggestion at a later
point that if we moved it over 6' or 8' then if you put your 8'
wide boat, your still on protruding into that 15' barrier. So
it's moving 6' or 8'. That's why I wanted to know what distance
you were looking for.
MR. GOLD: That exactly what we were looking for. And there's a
lot of tree removal going on.
DIANNE: The tree removal going on is much further landward than
the area required. I don't know if the Board would be in favor
of it and I don't think my client would be for it. I mean your
talking about tree removal and your increasing the cost of a
dock by removing trees, but....
TRUSTEE WENCZEL: How many trees do you think they'd have to
remove?
DIANNE: I don't have anything that indicates the upland but the
walk is there.
TRUSTEE WENCZEL: There's a lot of underbrush and what not.
MR. CONNELL: We have no problem with the proposal as submitted
as long as it wasn't gonna protrude out any further than the
neighbors dock. We would have to look at that and see if there
would be any erosion problem removing trees.
TRUSTEE WENCZEL: That right of way is adjacent to this property?
MR. GOLD: It's one more property to the east.
TRUSTEE WENCZEL: OK. So we don't have anything with that on?
MR. GOLD: No. We would really like to see that dock centered.
I don't know how the property owners on the other side feels.
And certainly two feet one way or the other is not a major
event. The closer to the center of that property line is better.
TRUSTEE WENCZEL: I'd just like to point out, I'm scaling it out
here and we're only talking about 15 feet.
TRUSTEE HOLZAPFEL: That was going to be my suggestion from the
very begirtning that your on the border line of it and obviously
your gortna be pushing into that 15' buffer that we like to
leave between. If your Willing to move over 8' or 10' at least
we can proceed I think. I don't have a problem with that. If
you want to look further and we'll come down and look with you
next month.
DIANNE: OK.
TRUSTEE HOLZAPFEL: So we'll table this until next month, and
you'll talk to your client and see what sort of possibilities we
can meet you there. I'll make the motion.
TRUSTEE GARRELL: Second. ALL AYES
5. En-Consultant Inc., on behalf of JOSEPH COLAHAN requests
a Wetland Permit to remove and replace in same location 100 1.f.
Board of Trustees
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September 25, 1996
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of timber retaining wall, a 4' X 20' stairway, and backfill wall
with 10+/- c.y. of clean fill. Located: 9480 Nassau Point
Road, Cutchogue. SCTM il18-6-7
TRUSTEE HOLZAPFEL: Is there anyone here who would like to speak
in favor of this project?
DIANNE: When Roy had originally drawn up the plans he indicated
a 5' X 100' boardwalk. That was on the survey. However, that
was ripped out about 15 years ago and we have no intention of
putting in another one. So there's no boardwa~k. The only
thing that we want to do is remove & replace the 100 l.f. of
timber retaining wall and a 4' X 20' stairway.
TRUSTEE HOLZAPFEL: And that's all in the same location?
DIANNE: Yes.
TRUSTEE HOLZAPFEL: My point is why come in with an application?
This is a technical question, but if your just going to replace
inkind, exactly the same position, you don't need an
application. I'm under somewhat of a guard here, because Al is
not here.
MR. CONNELL: We had no problem with it, we just questioned why
they were replacing it. It looked like the structure was in
excellent condition. But we would like to see a non-turf buffer
there.
DIANE (clerk) Do you have a permit for this?
TRUSTEE HOLZAPFEL: That might be the problem. Then we need a
Grandfather Permit. In this file we don't have a permit. So
either it was done before 1974 and you need a Grandfather Permit
or it was done illegally after 1974 and that's a violation we've
opened up......Peter just pointed out that the survey we have
has it as of at least 1980 so it goes back a ways. It's just a
technicality, we don't know what we're dealing with. Can we
table this again?
DIANNE: Sure.
TRUSTEE HOLZAPFEL: I'm gonna make a motion to table this.
TRUSTEE KING: Second. ALL AYES
(NOTE: The survey proved he was entitled to a Grandfather
Permit because it is on the Bay and therefore the survey stated
1980, polled the Board Memebers by phone and all agreed to the
Grandfather Permit).
6. En-Consultants Inc., on behalf of PREM CHATPAR requests
a Wetland Permit to construct an addition and porch onto an
existing 2 story 1 family dwelling, remove an existing garage
and build a 1 1/2 story guest cottage and porch in approx.
location, construct a brick patio and walks, and redesign
driveway which will remain as pervious stone. Located: 680
Midway Road, Southold. SCTM i90-2-9.1
TRUSTEE WENCZEL: Let me just review what our concerns were.
One of the first ones is as of our understanding of the zoning
law you can't have the guest cottage there. I think no matter
what happens to the rest of it we're gonna ask you to obtain
your ather permits including the zoning variance before we act
on this. As far my other notes, we're concerned that the
renovation of the original house that the septic system should
be upgraded. Obviously they're adding bedrooms and adding use
.
.
.
Board of Trustees
¡{ 1
10
September 25, 1996
to it and I imagine the old septic should be redone. If we go
to the septic system to the guest house it appears that
that...my understanding is the Health Dept. would probably not
permit it to be that close without some sort of variance. It
appears from looking at the blue prints that no matter where you
put it it's gonna be in our jurisdiction on that piece of
property and we'd like to see that all delineated on the plan
and considered as part of the permit. Is there gonna be any
fill involved?
DIANNE: I don't know if any fill is necessary.
TRUSTEE WENCZEL: We'd like to see the renovation of the
existing house. It appears that they're gonna have a deck
around the second story there. We'd like to see that included
in the description. When they did the bulkhead work there they
did plant beach grass along the buffer there. And as a
condition of any permit that we grant for this property we'd
like to see it re-planted where it all died and we'd like to see
them get advise on when to plant it.
TRUSTEE HOLZAPFEL: I'll make a motion that we table the
application.
TRUSTEE KING: Second. ALL AYES
7. En-Consultants Inc., on behalf of DR. MELVIN MORREL
requests a Wetland Permit to construct a 22 l.f. retaining wall
extension to connect to neighbors retaining wall, and approx. 50
c.y. of clean sand will be trucked in from upland source and
used for fill. Located: 130 Lloyd's Lane, Mattituck. SCTM
#99-3-4.6
TRUSTEE HOLZAPFEL: Is there anybody who wishes to speak in
favor of this project? Is there anybody who wishes to speak
against this project?
MR. CONNELL: The CAC doesn't have any problem with the actual
construction of the project but the one thing that we were
concerned about is that access to do the construction is
probably gonna have to be from the beach and in the plover
nesting site. We would like to see that the access be limited
from Sept. 1st thru March 15th to allow for nesting.
TRUSTEE HOLZAPFEL: I'll make a motion that we close the hearing.
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make the motion that we approve the
application and that this work be done between 9/1 thru 3/15.
TRUSTEE KING: Second. ALL AYES
8. KENNETH & CONCETTA SCHOEN requests a Wetland Permit for
a 10' X 51' deck attached to existing house. Located: 255
North Lane, East Marion. SCTM #31-7-11
"TRUSTEE HOLZAPFEL: Is there anyone here who wishes to speak in
favor of this application? Anyone here who wishes to speak
against this application? I'll make a motion that we close the
hearing.
TRUSTEE KING: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make a motion that we approve the
application.
TRUSTEE WENCZEL: Second. ALL AYES
Board of Trustees
11
September 25, 1996
,
\
9. DONALD & LORNA TUTHILL request a Wetland Permit to
construct a single family dwelling as per survey dated 5/19/93.
(Note: Applicants permit expired, is re-applying) Located:
1025 Long Creek Drive, 450' west of Laurel Ave., Southold. SCTM
~55-3-28
TRUSTEE HOLZAPFEL: Is there anybody who would like to speak in
favor of this application? Is there anyone who would like to
speak against this application?
MR, CONNELL: CAC recommends approval but we would like to see
the building envelope distance be reversed. Instead of having
35' on the north end of the building, make it 50' and the 35'
distance on the road side. So we move it away from the creek.
TRUSTEE HOLZAPFEL: What Diane just said was that she has been
in contact with the applicant and he is selling the property and
all he wants is a building envelope that will allow him to
build. My only question is is 35' sufficient for front yard
zone so they don't have to get a variance? I think what we can
do is, do you remember the curve that they had? If we just drew
the line across. That gives 55' X 100' envelope, that's a
pretty big house. What we're gonna do is approve drawing a
straight line across from here to here. The house next door is
beyond that already and then they were going another 15 or 20'.
I'll make a motion that we close the hearing.
TRUSTEE KING: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make a motion that we approve the
application with stipulation that there be a 55' X 100' building
envelope that is 50' setback from Long Creek Drive.
TRUSTEE KING: ALL AYES
10. Craig M. Arm on behalf of VINCENT & LINDA BASILICE
requests a Wetland Permit to construct a 4' X 21' addition and
install an 18' X 51' brick patio. Located 3255 Bayshore Road,
Greenport. SCTM ~53-6-8
TRUSTEE GARRELL: It's straight forward and no problem.
CRAIG ARM: The -....., .;rt.... --i:e,·-ea,.9II1...'.iEet in sand and
permeated fixed structure and will provide a drainage.
regards to drywells and roof runoff the homeowners felt
was absolutely necessary they will pursue it.
TRUSTEE HOLZAPFEL: Are there any other comments?
MR. CONNELL: The CAC recommends approval, however, they are
concerned with the patio is rather substantial and will be made
out of concrete. So that's an impervious structure that
increases runoff, so we would recommend that the bulkhead have a
20' non-turf buffer. It's rather steep where this patio is
gonna be down to the water. So runoff is gonna move that
way rather rapidly. We would recommend that the non-turf buffer
be placed and have it sunk down about 6" or 12" so the bulkhead
acts like a barrier so that runoff goes right into the ground
instead of going right over the top.
TRUSTEE GARRELL: Right now AI, it's a lawn going down to the
bulkhead. Now, if you want to make everybody who wants to put a
little addition, or a little deck, or patio, start to work on
buffers in front of bulkheads you realiy have to, our feeling
has always been, if you wait until they're redoing the bulkhead
not a
With
if it
.
.
.
Board of Trustees
12
September 25, 1996
I
before you attack that in due time they'll have to. But if you
were to do that on this property to be consistent, you would do
it every time somebody put in an addition anywhere, anytime. I
really don't think it stands.
MR. CONNELL: Is it the concern of the Board to decrease runoff
going into the Bay and tidal creeks? Because this structure is
going to increase runoff substantially. Your gonna have an
impervious structure 18' X 51'. It's not a small structure.
You also have addition on roof runoff. So if that's the
intention of the Board that's fine. We're recommending what is
needed there. It's up to you people to decide what to do.
TRUSTEE WENCZEL: Sounds like a good recommendation to me.
Considering the size of the project.
TRUSTEE GARRELL: Would it be a hardship to do something with a
buffer in front of the bulkhead?
CRAIG: I don't believe it would be for a buffer or whatever or
if they would go with something like that or if they opted not
to do the buffer they could do something pervious so water could
drain through it.
TRUSTEE GARRELL: Like what?
CRAIG: Like interlocking block.
TRUSTEE WENCZEL: How about if they put something like a French
Drain or gravel bed around?
TRUSTEE HOLZAPFEL: I think there are a lot of options, but
Craig has to get back to his client. What I think he can do
just to speed this, they want to build the addition. The
addition doesn't seem to be a problem to anybody, so if we
segment this and break it up you don't have a problem with
that. And it wouldn't be an Amendment. We're not gonna ask
them to come in amend their application. We'll keep part of it
open. So it's not gonna cost them more money to come back.
TRUSTEE WENCZEL: That would be fine with me as long as gutters,
leaders and drywells are included for the structure.
TRUSTEE HOLZAPFEL: I'm gonnamake a motion that we close the
hearing.
TRUSTEE KING: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make a motion that we approve the
application to construct the addition with stipulation that
there be gutters, leaders and drywells for the structure and
hold in abeyance the application for the patio at no additional
cost.
TRUSTEE HOLZAPFEL: Second. ALL AYES
11. In the matter of CHRISTINE ANDERSON requests a Wetland &
Coastal Erosion Permit to place boulders along foot of bank for
protection. Located: 1000 Sound Drive, Greenport. LILCO
pole #10. SCTM #43-4-3
TRUSTEE HOLZAPFEL: Is there anyone who would like to speak in
favor of this application?
MR. FAUSTO CIMADOR: I'm a friend and neighbor for Ms.
Anderson who is out of Town and I am speaking on behalf of her.
She has most people do along the Sound an erosion problem. This
has been greatly compounded by, and I believe many of you were
at the site, by a pool service company emptying out the pool
Board of Trustees
13
September 25, 1996
I, /'
~owards the bluff, and at least 20,000 gallons of water was
spilled down the bluff which created a serious erosion and loss
of bluff and topsoil.
TRUSTEE HOLZAPFEL: Are there any other comments? We talked to
here about it and suggested what to do.
MR. CIMADOR: We went to the DEC this week and after meeting
with them and information they requested about cross section we
contacted the engineer and revised the original drawings.
TRUSTEE WENCZEL: So those conform to what the DEC suggested?
MR. CIMADOR: We're giving those to the DEC Friday. But after
meeting with them, and what they said these cross sections will
be used.
MR. CONNELL: When I went out to the site, my first question
was, and this gentleman just clarified it a lot to me. I said,
this hasn't been caused by (word?) it's been caused by something
from the top. And I looked at the top to see if the runoff was
going off the top into the bluff and it wasn't. So when he said
the pool company dumped the water off the top of the bluff it
explained the erosion. That bluff is verI, very stable. When I
looked at it I had a hard time finding the erosion but it went
right down to the bottom of the slope and then I could see the
sediment that had washed right onto the beach. I feel and the
Council feels that this can be solved by vegetation only. We
don't need the elaborate structure to solve the problem. This
is caused by man doing the wrong thing, dumping water from the
top of the bluff. I believe it can be stabilized the same way.
Just with vegetation. There's no toe erosion what so ever. The
bluff if very, very stable everywhere else all along there.
Some of the best vegetation I've seen in a long time is at that
bluff face. If we go in there to totally destroy that with this
type of arrangement, would be...
MR. CIMADOR: I don't think you have the up to date drawing.
TRUSTEE HOLZAPFEL: We just gave it to him.
MR. CONNELL: This seems awfully elaborate for the erosion
problem that exists there. It would seem like they would want
to try vegetation first.
MR. CIMADOR: well, we have that in the recommendation. But I
think once you have that amount of water affecting the immediate
area it also affects the surrounding areas and loosens up that
terrain. And if you look beyond the immediate area where the
water came down there's a lot of roots showing where they were
normally not apparent before. So to stabilize that whole area
we are making this request.
TRUSTEE HOLZAPFEL: Are there any other stone revetments or
bulkheads anywhere adjacent to your property?
MR. CIMADOR: The next lot and the next lot over is.....on
each side of Ms. Anderson's property there are two empty
parcels. Immediate to those, work has been done with boulders
on those two properties. So that in turn is also affecting the
erosion on her parcel, because boulders....
TRUSTEE HOLZAPFEL: But those are very small ones.
MR. CIMADOR: No, they did extensive work on both pieces of
property to east and west of her. So naturally the sweep takes
.
.
.
Board of Trustees
14
September 25, 1996
I"
I ._
place in between which is her area. So this is also preventive
maintenance.
TRUSTEE HOLZAPFEL: My immediate feeling is.....I just saw this
new recommendation tonight, and we did visit it and we gave her
permission to re-vegetate and fill in that hole where the
swimming pool washed out that big spot, that it's a maintenance
situation. But this is the first time I've seen this. I
haven't looked at this thoroughly and I would like to take
another look and go out and do a field inspection.
TRUSTEE WENCZEL: I think that's a good idea.
TRUSTEE HOLZAPFEL: What I'm suggesting is that we will look at
it next month as another field inspection. When we went out
last time she had talked about little stones and she was just
gonna put them on the bottom and we suggested that is that is
what she wanted to do it was not gonna work and she might want
to get a bigger plan. .
MR. CIMADOR: it's the same product except instead of going all
the way up with the granite keeping it a low profile at the face
of the bluff.
TRUSTEE GARRELL: I have one more question. The swimming pool
company is not gonna come back any time soon, is it?
MR. CIMADOR: Not the same company. My point is that once
that volume of water gets into the ground it's got to loosen up
that whole bluff and the surrounding area. Not just the ravine
where it cascaded. So we do need something down there to keep
everything in check.
TRUSTEE HOLZAPFEL: I'll make a motion that we table the
application until next month so we can do another field
inspection.
TRUSTEE WENCZEL: Second. ALL AYES
V. RESOLUTIONS:
1. Resolutions to set opening of scallop season as follows:
Recreational scalloping to open Monday, October 7th, 1996 and
Commercial scalloping to open Monday, October 21st, 1996.
TRUSTEE WENCZEL moved to approve, TRUSTEE HOLZAPFEL seconded.
ALL AYES
2. Costello Marine on behalf of DEAN STEFANIDES requests a
Grandfather Permit for a 60' bulkhead, 4' X 8' access stairs and
a 40' X 35' wooden deck all built prior to 1971. Applicant also
requests a Coastal Erosion permit to reconstruct the 45' jetty
inkind/inplace. Located: 780 Rabbit Lane, East Marion. SCTM
nl-18-l7
TRUSTEE GARRELL moved to approve, TRUSTEE HOLZAPFEL seconded.
ALL AYES
VI . MOORINGS:
1. Dr. Richard Capello requests a 5' X 10' Duck Blind in
East Creek. As Per Bay Constable.
Board of Trustees
lS
September 25, 1996
\
,
\
TRUSTEE GARRELL moved to deny at this area, TRUSTEE HOLZAPFEL
seconded. ALL AYES
TRUSTEE GARRELL moved to d~ny the request as per Trustee Garrell
& Bay Constable, TRUSTEE HOLZAPFEL seconded. ALL AYES
2. JOSEPH C. GORDON requests an on-shore/off-shore mooring in
Arshamomoque Pond at end of Laurel Lane for a 15' outboard.
As per Bay Constable.
TRUSTEE HOLZAPFEL moved to approve, as per Bay Constable,
TRUSTEE KING seconded. ALL AYES
Meeting Adjourned at 8:35 p.m.
Respectfully Submitted By:
í". c / ""/ ,f'
-<J/ ~µ;.~. ;:.;µ;J~
Diane J. H-érbert. Clerk
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Alben J. Krupski. President
John Holzaptèl. Vice President
Jim King
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O, Box 1179
Southold. New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only r:.:::., --,~_ , ...__.
,'1 1lS ire Œ aid C" W
COdotal Erooion Pemit APPlioation'. D¡ "'-- '. "1 n
~Wetland Permit Application inU SEP II
Grandfather Permit Application Ul - 6_
---waiver/Amendment/c~n~s
L,,:::.Bece~ved Application:? (.. TOWN OF S·D· UTHnLD
V1<ece~ved Fee:$(.s-O - 1- t. u
Completed Apphcation 'f r./y (.,
Incomplete ' t
SEQRA Classificati~:
Type I Type II~Unlisted
Coordination: (date s~t~ ----
CAC Referral Sent: 1 ~
ate of Inspection:' I ~j'l (,
Receipt of CAC Report.
Lead Agency Determination:
__~hnical Review:
...-'Public Hearing Held: 1~¡í'
Resolution:
~ [)
SEP-
..
Name of Applicant Vincent & Linda Basilice
Address
3255 Bayshore Road, Greenport, NY 11944
Phone Number: (516) 477-1400
Suffolk County Tax Map Number: 1000 _ 53-6-8
Property Location: 3255 Bayshore Road, Greenport, NY 11944
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: Craig M. Arm
(If applicable)
Southold, NY 11971
Phone: 516-765-1862
FAX#: 516-/6è>-186¿ *51
Address: P.O. Box 1675
1
--
Boa.of Trustees Application .
GENERAL DATA
Land Area (in square feet): 11 ,625 square feet
Area Zoning: Residential
Previous use of property: Residential
Intended use of property: Residential
Prior permits/approvals for site improvements:
Agency
Board of Appeals - Southold
Date
Auqust 21, 1996
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
xxx
No
Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
Renovation of Existing House. Construction of a 4'-0" x 21'-0" Addition
Constructed on the Water Side of the Residence. Future plans to install
an 18'-0" x 51'-0" on grade patio - constructed of "Brick Patio Pavers"
Bricks are set in sand to provide drainage. Bricks are not a permanently
afixed part of property.
New Addition will be approximately 49' from Higg Wat;er Mark
New Patio will be approximately 35' from the High Uater Mark
2
Boar.f 'I'rustees Application .
wETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
Residential. Expansion of Existing Living Space.
Area of wetlands on lot: N/A
square feet
Percent coverage of lot: N/A
%
Closest distance between nearest existing structure and upland
edge of wetlands: ')1' _ 0" feet
Clqsest distance between nearest proposed structure and upland
edge of wetlands: 49'0" feet
Does the project involve excavation or filling?
No XXX Yes
If yes, how much material will be excavated? 9.333
cubic yards
How much material will be filled? 0
cubic yards
Depth of which material will be removed or deposited: 3'-0"
feet Excavation Beneath New 4' x 21' Proposed Addition.
Proposed slope throughout the area of operations:Existinq
Manner in which material will be removed or deposited: Backhoe/Truck
New Crawl Space Foundation will Have Footing 3'0" Below Grade.
Excavation will be Removed Utilizing a Backhoe and Truck.
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason of such proposed
operations (use attachments if appropriate):
None
3
. Basilice, Vincent and Linð'"
Notice to Adjacent Propert~ers
.
-as prepared for Zoning Board of Appeals Application
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State =:1vironmentar Cuality i1e'/iew
SHORï ENVIRONMENï.il.L ASSESSiv1ENï FORM
Far UNUS7ED ..~C'TICNS Only
?..1.RT I-PROJEC7 INFCRMATlCN 1.10 t:e ':;:JmDJe~ec J~I ).,ooticanr 'Jr ,=.·'Jlec: 3;:cnson
1. -I.FP'_.C"'Nï SPCNSCR
Crai M. Ann
2. :It:;O..i:;:·:-:- '~,.1.,·.1:::
Basilice, Vincent and Linda
., :lC¡O.J2C-:- '_:C";,iCN;
\.tun!c:oalitv Town of Southold
County Suffolk
," ?~='::SE LCC";-;-;CN ¡Street aaaress .ana ôoaa ,ntersec:lons. ;::ramlnent 'anCr:1arI!:S, -!r::.,.Jr :;rO'IIae -nao)
3255 Bayshore Road
Greenport, NY 11944
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I ~ew ~ :xcanslon
r MOClfication/alterat¡on
5. iJESC?LISE ?ROJE,:-: 3RIEFLY:
ç?nstr~~tio~f. 4~ Addition ,totaling ~~ square feet towards bulkhead.
Ori-grdoe- bn~'-þãtT'ci"SE~t in sand.
3. t:IL~ :::~O?i)SëJ -I.C-;-ICN ':;JMP'_':' '.-vITH 's<157;NG ':':NING .:p .:r:-'E::ì 's<i.STING ·..."..:.,'JD 1..:$::; -::::2.s-;-~IC':"';CNS:'
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Building Dept. - Town of Southold
Department of Environmental Conservation
11. OCES ANY ~S;:=ST OF 7HE ,:¡,c:!or~ HAVE A C:.JARE!'ITL';' 'lAUD ,:I=.~MIT JR .:'P~COVAL:'
~ ';''!s' L.'/o II 'ff!S. :ist .açenc"{ flame and oermll/aocroval
Approval - Southold Town - Board of Appeals
--
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Boa4IÞ0f Trustees Application 4IÞ
County of Suffolk
State of New York
Craiq M. Arm BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOlITHOLD TOWN BOARD OF TRUSTEES.
THE APPLI CANT AGREES TO HOLD THE TOWN OF SOlITHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
.~ISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN
COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,
THËIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY
TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS
APPLICATION. _~"
-.. '.'~ ~--
Y Sigrt ure
;--.d-
SWORN TO BEFORE ME THIS &~
DAY OF~~¿~,,19.ú..
.r;;L¿ --'~. ð, X~
Notary Public -
HELENE D. HORNE
Notary Public, State of New York
No. 4951364
Qualified inSuffolk ~ounty i:z
Commission Explfes May 22. 19
7
.
Albert J. Krupski. President
John Holzapfel, Vice President
Jim King
Martin H. Garrell
Peter Wenczel
-
.
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
-----------------------------------
In the Matter of the Application
of
VJ.N.f£.AI:L~-'~lIJ/1JLL.J3./:1.Jj_':dÇ c
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, (' <,:,>., ''''' fv\./\ ru-..
AFFIDAVIT OF POSTING
, residing at ICc15
\.) ('~"'.~ I~ ~ t:2-.
ç,.Ul)"I-fC>..e> , NY \ \ 'it I
being duly sworn, depose and say:
That on the 17 day of~. , 1996, I personally posted the
property known as :;:S'Z.S5 ~~c¥£ ¥--<>A-D, G;~P'-'IL-;-,AJY
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be sure the poster
has remained in place for seven days prior to the date of the
pUblic hearing. (date of hearing noted thereon to be held r-~s-
/9'9'/.
Dated:
Swor~ to before me this
¡?~ay Of~~Z!96
~t>~JJM~~
Notary Public _
HELENE D. HORNE
Notary Public, State of Naw York
No. 4951364
Qualifiad in Suffolk County 97
Commission Expires May 22, 19
~
(§~gnature)
-
~