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HomeMy WebLinkAboutTR-08/28/1986HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TO~'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 28, 1986 TELEPHONE (516) 765-1892 WORK SESSION: 6:30 P.M. The Trustees discussed their tentative budget for 1987. A final review of the proposed budget will made prior to submission to the Town Board. REGULAR MEETING: 7:00 P.M. Vice-President John Bredemeyer opened the regular meeting and advised the audience that he would be sitting in for President Henry P. Smith. Trustee Bredemeyer explained that unfortunately Henrys father was in transit to a health facility and Henry could not be at the meeting. Trustee Bredemeyer introduced the Board members as follows: Trustee Albert Krupski, Trustee Ellen Larsen ( on the left), Ilene Pfifferling, Clerk to the Board (on the right) and Trustee Philiip J. Goubeaud. Trustee Bredemeyer, as a first matter of business having called the meeting to order, discussed the reaffirmation of the use of "Roberts Rule of Order" in conducting its meeting. Also present Bay Constable Kent McCarthy. Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees reaffirm the use of "Roberts Rule of Order" in conducting its meetings. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED to APPROVE the minutes of the February 27, 1986 meeting. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to APPROVE the minutes of the b~rch 27, 1986 meeting. Vote of Board: Ayes: All This resolution was declared duly adopted. Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED to APPROVE the minutes of the July 31, 1986 meeting. Vote of Board: Ayes: All This resolution was declarad duly adopted. Board of Trustees - August 28, 1986 - Page 2. Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED to APPROVE the mooring renewals for October 1986. Vote of Board: Ayes: All This resolution was declared duly adopted. I. REPORTS: Trustee Bredemeyer 8ave the Trustee monthly report as follows: Application fees $205.00, Dock & Ramp fees $335.25, Wetland Applications $550.00, Wetland Inspection fees $65.00, and mooring renewals $245.00 for a total amount of $1,400.25. Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to ACCEPT the Trustee Report as submitted. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Trustee Goubeaud reported that on August 6, 1986 he had the pleasure of attending a Town Board meeting held on Fishers Island along with Trustee John Bredemeyer. Trustee Goubeaud reported that they met with Ray Edwards who took the Trustees to the Lamborn property to inspect the site where Mr. Lamborn is applying for a Wetland Permit. Trustee Goubeaud reported that inspections were made on the Bigley Reed property and Jacqueline Wall also contacted the Trustees and met with them regarding a project for a Mr. Hall, who is an adjoining property owner. Mr. John H. Thatcher, Jr., Pres. of the Fisher's Island Conservancy met with the Trustees and advised the them that there is a need for information on the Island, as to the Wetland Ordinance the need of D.E.C. permits etc. Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Trustees and the Bay Constable meet over on Fishers Island to answer questions that the people over there may have regarding projects on the Island, or to bring them information, three or four times a year. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Bredemeyer advised that John Thather and Brad Burnham both represent two organizations that represent a number of people over there. They desperately want to know how the Wetland Ordinance works, how they can make it work for them. They want to know how the process works. I think if we can get over there in the next month, I think it would be very helpful. They are very concerned about a number of these projects, and they want to feel that they have input. I know that when we traveled to these sites in Southold it is so different, it is so much more like New England then the mainland, you are tempted to think that it is not a part of Southold, but it is and we have an obligation to get over there. I think it is important. II. PUBLIC NOTICES: Trustee Bredemeyer reported that there are three Public Notices which concern U. S. Army Corps of Engineers applications for permits. They are posted on the bulletin board and copies are available from the Trustee Office. Board of Trustees - August 28, 1986 - Page 3. Trustee Larsen asked if the Town had received copies of applications for permits for these projects. Trustee Bredemeyer advised that the Board has voted waivers for permits that have been usual and ordinary maintenance projects, that the Dept.of Public Works for Suffolk County has done on a year in and year out basis. These are not new projects. One of these~the one at Goose Creek could be subject to a waiver. We could move it now or later? Trustee Larsen advised that she thought that ail applications should be reviewed by the Waterways Committee. Every year recommendations are made to the Dept.of Public Works as to what creeks the Town of Southold feels should receive preferential treatment as far as dredging goes. Since most of these creeks are for ten year maintenance permits, I think review by the Water- ways Committee is needed. Trustee Bredemeyer advised that this project has been reviewed by the Waterway Committee and was endorsed by them. Trustee Bredemeyer thought a waiver could be granted. Moved by Trustee Bredemsyer seconded by Trustee Goubeaud it was RESOLVED to WAIVER the need of a Trustee Permit for the dredging projects as proposed for West Creek, and Goose Creek for that portion of the project that lies within Trustee jurisdiction.in these creeks. Vote of Board: Ayes: Ail This resolution was declared duly adopted. A letter is to be sent to the Department of Public Works requesting review by the County Dept. of Public Works that they maintain to the published dredged depths of their permit application as close as possible. Also, Trustee Bredemeyer advised that it was brought to his attention by the Recreation Committee and the Parks Committee, that there is some question about safety at the Goose Creek Bathing Beach, because the slope of the bathing beach has become so shallow from the building up of sand there. We could request that the County Dept. of Public Works could work with the Town Board Committees to help make the bathing beach a safer beach. Trustee Bredemeyer advised that item no. 4 under public notices, for William A. Hall, for a pier and float on Fishers Island, was the site of a complaint inspection by Trustee Goubeaud and myself. The people on Fishers Island are concerned with this proposal. This office has advised Mr. Hail of the need of a Wetland Application. Copies of the letter were sent to the complainant. Trustee Bredemeyer advised that there are a total of thirty-seven communications. Many of them will require a vote of the Board. As such I would like to move them to the end of the agenda so that we can dispense with as much of the regular meeting that we have in place, because of the length of time to address each and every one of them may be as long or longer then the regular agenda. This will provide for a more orderly dispencing with our work tonight. Moving on to our Resolutions: V. RESOLUTIONS: 1, COVE PROPERTIES SUBMITTED BY THE LAND USE COMPANY - TABLED Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED to TABLE the application submitted by the Land Use Company on behalf of the Cove Properties pending submission of an additional map indicating the location of the p~oiect. 1. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 4. 2. WILLIAM & DOROTHY GHLATI BY THE LAND USE COMPANY - NON-SIGNIFICANT ASSESSMENT Moved by Trustee Larsen seconded by Trustee Krupski the following non- significant environmental assessment was declared: DATE: Aug. 28, i986 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 418 NAM. E: William & Dorothy Galatt submitted by the Land Use Company This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that ghe Southold Town Trustees, as lead agency for the action described below has determined that the project will not have-a-significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: Appellant proposes to construct approximately 90 lin. ft. of timber bulkhead above spring high tide with a 20' return running landward from the eastern end. Backfill with approximately 40 cu.yds, of clean sand to be trucked in from upland source. LOCATION OF PROJECT: Watersedge Way, Southold, New York. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southoid Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 2. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 5. 3. KENNETH SCHULER - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (CONDITIONAL) Moved by Trustee Goubeaud seconded by Trustee Bredemeyer the following conditional environmental assessment was declared: DATE: August 28, 1986 S.E.Q.R.A. NOTICE OF CONDITIONAL DETERMINATION OF NON-SIGNIFICANCE APPLICATION NO. 421 NAME: KENNETH SCHULER This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have ~ significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED - TYPE 11 DESCRIPTION OF ACTION: To construct a catwalk from a deck to water and a 4' x 12' float for a boat with two spiles. LOCATION OF PROJECT: 3145 Main Bayview Road, Southold. CONDITIONS OF DECLARATION: 1. Stairs are to go to the North side of the property. 2. Catwalk is to be elevated as recommended ~4' above grade) be constructed on the north side of property to minimize damage to the phragmites. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 3. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 4. FRANK CURRAN - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Krupski the following Non-Significant Environmental Assessment was declared: DATE: Aug. 28, 1986 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 422 NAME: FRANK CURRAN This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have~a~significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a fixed elevated (3.5' above grade) timber dock consisting of a 4' x 30' main section and 4' x 20' outer "L" section toward the south. LOCATION OF PROJECT: Strohson Road, Cutchogue REASONS SUPPORTING THIS DETERMINATION: i. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 3. The Conservation Advisory Council has recommended approval of this project as proposed. 4. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 7. LEWIS L. EDSON - CONDITIONAL NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Goubeaud the following Non-Significant Environmental Assessment was declared: Date: August 28, 1986 'S.E.Q.R.A. NOTICE OF CONDITIONAL DETERMINATION OF NON-SIGNIFICANCE APPLICATION NO. 423 NAliE: LEWIS L. EDSON This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Seciton 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees as lead agenc~ for the action described below has determined that the project will not have a significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED: TYPE 11 DESCRIPTION OF ACTION: To construct a one family dwelling. CONDITIONS OF DECLARATION: 1. House to be located 40' landward of present location of foundation. 2. A new site plan conforming to same is to be submitted to the Trustee Office including drainage improvements which are required to control drainage off site onto neighbors lot. 3. Standard measures shall be employed in reconstruction. (See Attached) LOCATION OF PROJECT: 2750 Clearview Avenue, Southoid. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. The Conservation Advisory Council indicated house placement 40' landward of existing foundation would remove it entirely from the Intertidal Wetland Area. 3. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 5. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 8. Trustee Bredemeyer advised that Mr. George Guldi has submitted a letter to the Board of Trustees requesting to table the application submitte~ by George O. Guldi on behalfoof~Douglas Miller. See resolution on page 34. Trustee Bredemeyer requested that the clerk read the communication: Clerk: August 26, 1986 Re: Application of Douglas Miller: No. 409 Dear Sirs: By this letter I request that the Board table all action on the above referenced application pending preparation and receipt of an amended drawing for the placement of the house on Lot 2. Pursuant to my remarks before the Board on July 23, 1986, we intend to build as far back on the lot as possible and will amend our drawing accordingly. It seems probable that our amended drawings will be outside the Boards jurisdiction. Please accept this application by mail since I cannot appear at your meeting on August 28, 1986 since I expect to appear before the Court of Appeals in Albany on that day. Very truly yours, George 0. Guldi Trustee Bredemeyer: Moving back to our agenda item IV Public Hearings: We will recess our regular meeting now to hold the public hearings. PUBLIC HEARINGS: 7:30 P.M. - IN THE MATTER 7:32 P.M. - IN THE MATTER 7:34 P.M. - IN THE ~TTER BEHALF OF SAL 7:36 P.M. - IN THE MATTER 7:38 P.M. - IN THE MATTER JOHN MORSE. 7:40 P.M. - IN THE MATTER 7:42 P.M. - IN THE MATTER 7:44 P.M. - IN THE MATTER 7:46 P.M. - IN THE MATTER 7:48 P.M. - IN THE MATTER 7:50 P.M. - IN THE ~TTER 7:52 P.M. - IN THE MATTER OF THE APPLICATION OF TED DOWD. OF THE APPLICATION OF MARLENE R. NASH. OF THE APPLICATION OF THE LAND USE COM3ANY ON R. VARANO. OF THE APPLICATION OF ANN BURGER. OF THE APPLICATION OF GREENPORT DOCK ON BEHALF OF OF THE APPLICATION OF NICHOLAS J. CUTRONE. OF THE APPLICATION OF DOUGLAS MORRIS. OF THE APPLICATION OF ARNOLD BLAIR. OF THE APPLICATION OF DORRIS SONNER. OF THE APPLICATION OF JOSEPH DUGGAN. OF THE APPLICATION OF JOSEPH DUGGAN. OF THE APPLICATION OF ALEXANDER G. KOKE. III. 1 The Board resumed with the regular agenda and commenced with communication no. 1, then proceede~ with resolution number 6. PETER & BARBARA HERZ - REQUEST FOR A WAIVER OF THE WETLAND ORDINANCE Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to DENY the request for a WAIVER of the Wetland Ordinance as requested by Patricia C. Moore on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southold, New York for the construction of a residence within 75 ft. of Wetlands. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees August 28, 1986 - Page 9. III. 1. Vo PETER & BARBARA HERZ - TABLED APPLICATION NO. 446 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the Wetland Application submitted by Patricia C. Moore on behalf of Peter & Barbara Nerz, 170 Cedar Point Drive, Southold pending a coordination request for Lead Agency status with the Southold Town Board of Appeals. Vote of Board: Ayes: Ail This resolution was declared duly adopted. A letter is to be sent to the Board of Appeals requesting coordination in determining the Lead Agency in the matter of Peter & Barbara Herz. 6. FREDERICK J. BRUCE FOR RrdNNEWETA POND ASSOCIATION - NEGATIVE DECLARATION Moved by Trustee Krupski seconded by Trustee Bredemeyer the following non~ significant environmental declaration was declared: S.E.Q.R.A. DATE: August 28, 1986 NEGATIVE DECLARATION , ~... NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT' APPLICATION NO. 424 NAME: Wunneweta Pond Association c/o Frederic J. Bruce This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect to the environment. Please take further notice that this declaration 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.' TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To maintenance dredge entrance to Wunneweta Fond from Cutchogue Harbor to depth of 6' at MLW, and to fill with 200 cu. yds. of spoil to use as beach nourishment to be placed on the N rth side. LOCATION OF PROJECT: 4150 Wunneweta Road, Cutchogue on Cutchogue Harbor REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 3. The Conservation Advisory Council has recommended approval of the project as proposed. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 10. 7. BALA PILLAI SUBMITTED BY THE LAND USE COMPANY - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT. Moved by Trustee Larsen seconded by Trustee Krupski the following non- significant environmental assessment was declared: DATE: Aug. 28, 1986 S.E.q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 425 NAME: Land Use Company on behalf of Bala Pillai This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have-a~significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: Appellant proposes to reconstruct within 18" approx. 100'and 18' timber return at the western end. Said structures shall be backfilled with approximately 30 cu. yds. of clean sand to be trucked in from an upland source. LOCATION OF PROJECT: Peconic Bay Blvd., Mattituck, New York REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southuld Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 3. The Conservation Advisory Council has recommended approval of the project as proposed. 7. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page I1. 8. ALFRED MAGILL SUBMITTED BY TIDEWATER CONSTRUCTION-SIGNIFICANT DECLARATION Moved by Trustee Bredemeyer seconded by Trustee Krupski the following Significant Environmental Assessment was declared: WHEREAS, Ken Hahn on behalf of Alfred Magill has heretofore applied to the Southold Town Trustees, pursuant to Chapter 44 of the Code of the Town of Southold for permission to construct a mooring basin for docking of boat by bulkheading perimeter of basin. Bulkhead will stabilize property which has experienced some erosion in the past. To dredge an area, 80 ft. by 20 ft. to 5' and to dry excavate an area 65 ft. x 25 ft. and to fill with 930 cu. yds. to be placed upland of property. LOCATION OF PROJECT: 700 Glen Court, Cutchosue, New York. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Code the Southold Town Trustees, as lead agency does hereby determine that the action proposed is a Type 1 Action and is likely to have a Significant Effect on the Environment. 2. The Clerk to the Trustees shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the Clerk to the Trustees shall immediately notify the applicant to prepare a Draft Environmental Impact Statement all in accordance with said law, rules and code. The applicant is to address the loss of productivity to the creek, by that amount of the intertidal marsh and the proposed dredging operations. Ail issues surrounding that quantity and analysis of marine productivity are to be addressed. 8. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 12. 9. BAYVIEW DEVELOPMENT SUBMITTED BY THE LAND USE COMPANY-NEGATIVE CONDITIONAL NEGATIVE DECLARATION: Moved by Trustee Goubeaud seconded by Trustee Bredemeyer thm followinz was declared: Date: August 28, 1986 S.E.q.R.A. NOTICE OF CONDITIONAL DETERMINATION OF NON-SIGNIFICANCE APPLICATION NO. 428 NACRE: Land Use Company on behalf of Bayview Development This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: Appellant proposes to reconstruct within 18" approximately 1575 lin. ft. of storm "Gloria" damaged timber bulkhead. Said structure shall then be backfilled with approximately 300 cu. yds. of clean sand to be trucked in from an upland source. LOCATION OF PROJECT: Sage Road, Greenport CONDITIONAL NEGATIVE DETERMINATION: Declared with the condition that the bulkhead is replaced in place. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. 9. Vote of Board: Ayes: Ail This resolution was declared duly adopted Board of Trustees - August 28, 1986 - Page 13. 10. ZAN AND EFFIE DIAKOS - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Goubeaud the following Non-Significant Environmental Assessment was declared: DATE: Aug. 28, 1986 $.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 427 NAME: Zen & Effie Diakos This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have-a-significant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To replace stairs by reconstructing in approximately same location. Structure will include a 10' x 16' deck and three landings and shed. LOCATION OF PROJECT: Property is located on Aquaview Ave., East Marion, New York. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the N.Y.S.D.E.C. is is assumed that there are no objections nor comments from those agencies. i0. Vote of Board: A~es: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 14. The Trustees proceeded with agenda item number 20 in view of the fact that Mr. Mark Baxter wished to appear before the Trustees in regard to a violation of the Wetland Ordinance. Trustee Bredemeyer advised Mr. Baxter that in accordance with Article III, Section 97-32 (A) he would have to submit a letter to the Board requesting to be heard in regard to this matter. 20. MARK BAXTER - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead a~ency in regard to the State Environmental Quality Review Act in the matter of the application of Mark Baxter to mow vegetation on property located at 3135 Main Bayview Road, Southold. 20. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 39. 39. Mr. Glenn Just appeared before the Board to request an emergency permit for the repair to the Original Barge. Mr. Just explained that the seaward portion of the barge is in dire need of repair. Mr. Just explained that the emergency permit is requested in the event of a storm all sorts of debree would wash into the creek and wetlands. The Board proceeded to declare itself lead agency on the application that was submitted by the Land Use Company on behalf of Helen Reiter. The Trustees took the following action. HELEN REITER (THE ORIGINAL BARGE) - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the Application of the Land Use Company on behalf of Helen Reiter (The Original Barge) for a Wetland Permit on certain property located on the Main Road, Southold. The Board would consider an emergency permit subject to the Conservation Advisory Council's comments, copy of the D.E.C. Permit and an inspection by the majority of the Board. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Trustee Bredemeyer we will return to resolution number 11. 11. PETE BOEHM - MOORING APPLICATION - TABLED Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED TO TABLE the mooring application for PETE BOEHM for a mooring in Mattituck Creek. Mattituck pendinm an on site insnection. 11. Vote of Board: Ayes: All This resolution was declared duly adopted. 12. GEORGE J. BERRY, JR. - MOORING APPLICATION - TABLED Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED TO TABLE the mooring application for GEORGE J. BERRY, JR. for a owner. mooring in Goose Creek, Southoid pendinm ~a letter of permism~on from the oroperty 12. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 15. 13. NATURE CONSERVANCY - ENVIRONMENTAL ASSESSMENT Moved by Trustee Goubeaud seconded by Trastee Krupski the following Non-Significant Environmental Assessment was declared: DATE: August 28, 1986 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 408 NAME: The Nature Conservancy c/o Andrew Walker This notice ts issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have msignificant effect to the environment. Please take further notice that this declaration 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. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a boardwalk and observation deck for observing wildfowl on Horton Creek. LOCATION OF PROJECT: East side of Peconic Bay Blvd. opposite ~ttituck Yacht Club, Mattituck. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southoid Town Building Dept. and the N.Y.S. DoE.C. is is assumed that there are no objections nor comments from those agencies. 3. The Conservation Advisory Council has recommended approval of the project as proposed. 13. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 16. 14. 14. 15. 15. 16. 16. 17. 17. DOUGLAS MILLER SUBMITTED BY GULDI AND OLUM - TABLED Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED to TABLE the Wetland Application submitted by GULDI AND OLUM on behalf of DOUGLAS MILLER as per his r~quest until an amended site plan is submitted showin~ the building envelope on the survey. Vote of Board: Ayes: Ail This resolution was declared duly adopted. GEORGE D. F. LAMBORN - TABLED Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED to TABLE the wetland application for GEORGE D. F. LAMBORN until letters of permission are received from the Fisher's Island Ferry District and the Southold Town Board. Vote of Board: Ayes: All This resolution was declared duly adopted. IRVING FEDER - MOORING APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to APPROVE the mooring application for Irvin8 Feder to plac~ an offshore moorin8 in Arshamomaque Pond, Southold using private property as access. Vote of Board: Ayes: All This resolution was declared duly adopted. RICHARD LUHRS - LEAD AGENCY DECLARATION - Application no. 429 Moved by Trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead a~ency in re~ard to the State Environmental Quality Review Act in the matter of the application of Richard Luhrs for a wetland permit on property located on 360 North Riley Avenue, Mattituck. Vote of Board: Ayes: All This resolution was declared duly adopted. 18. LAND USE COMPANY ON BEHALF OF FRANK FRANKOLA - LEAD AGENCY DECLARATION no. 431 18. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of the Land Use Company on behalf of Frank Frankola for a wetland permit on property located on Glenn Road, Southold. Vote of Board: Ayes: Ail This resolution was declared duly adopte~. 19. b~GDALEN LEVAS - LEAD AGENCY DECLARATION - Application no. 432 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead azency in regard to the State Environmental Quality Review Act in the matter of the application of MAGDALEN LEVAS for a wetland permit on DroDertv located at the Lon~ Way, East b~rion. 19. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 17. Resolution number 20, see page 14. 21. HAROLD WILSBERG Moved by Trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED to DENY the request for a Waiver of the Wetland Ordinance to apply pesticides to the intertidal marsh on property located at 80 Kraus Road, Mattituck. Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED that the aDolicant, Harold Wilsber~ be and hereby is directed to plant on property located at 80 Kraus Road, Mattituck. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Bay Constable is hereby directed to secure samples of soil and vegetation for possible soil and pesticide analysis from property located at 80 Kuaus Road, Mattituck. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to TABLE the application submitted by Harold Wilsberg to remove brush from property located at 80 Kraus Road, Mattituck pending submission of a plan of brush removal and the method of same to be submitted 21. to the office for review. Vote of Board: Ayes: All This resolution was declared duly adopted. 22. 22. 23. CAROL ROKE - WAIVER REQUEST Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Board of Trustees have no jurisdiction regarding the request made by Carol Roke to clear trees and to plant a lawn on property located at 2955 Wells Avenue, Southold provided the clearing line is not seaward of the pink building on the site. Vote of Board: Ayes: Ail This resolution was declared duly adopted. This resolution is to approve or deny the wetland applications, we will come back to this resolution. Let's proceed with resolution no. 24 for a lead agency declaration. 24. DANIEL MCKASTY - LEAD AGENCY DECLARATION - Application no.436 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead amencv in regard to the State Environmental Ouality Review Act in the matter of the a~plication of Irene and Daniel McKastv for a wetland mermit on property located at 132-20 Main Road. East Marion. 24. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 18. 25. ROBERT DURSO - LEAD AGENCY DECLARATION - Application no. 435 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead a~encv in regard to the State Environmental Ouality Review Act in the matter of the application of ROBERT DURSO for a Wetland Permit on certain property located at Cedar Beach, Southold. 25. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 26. JAMES LONG - MOORING APPLICATION - TABLED Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the mooring application of JAMES LONG to place an offshore mooring in East Creek, Cutchogue pending inspection by the Board. 26. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 27. DONALD ALFANO - MOORING APPLICATION - TABLED Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to TABLE the mooring application of DONALD ALFANO to place an offshore stake in Corey Creek, Southold using private access pending inspection by the Board. 27. Vote of Board: Ayes: All 28° STANLEY CHASE - LEAD AGENCY DECLARATION - Application No. 437 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental 0uality Review Act in the matter of the application of Stanlev Chase for a Wetland Permit on certain property located at Home Pike Road, Mattituck. 28. Vote of Board: Ayes: All This resolution was declared duly adopted. 29. STANLEY CHASE - LEAD AGENCY DECLARATION - Application No. 438 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in re~ard to the State Environmental Quality Review Act in the matter of the application of Stanley Chase for a Wetland Permit on certain property located at Home Pike Road, Mattituck. 29. Vote of Board: Ayes: All This resolution was declared duly adopted. 30. STANLEY CHASE - LEAD AGENCY DECLARATION - Application No. 439 Moved by Trustee Bredemeyer seconded by Trsutee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in re~ard to the State Environmental Quality Review Act in the matter of the application of Stanley Chase for a Wetland Permit on certain property located at South Drive, blattituck. 30. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page i9. 31. BLAIR BROWN - MOORING APPROVAL Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to APPROVE the moorin8 application for Blair Brown to place an offshore moorin~ in James Creek, Mattituck. This site has been previously used by Scott Rudolf who gave up his permit. 31. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 32. J. LANE CURRY - BY COSTELLO MARINE - LEAD AGENCY DECLARATION - Application no. 440 Moved by Trustee Krupski seconded by Trustee Bredemeyer i% was RESOLVED that the Southold Town Trustees declare itself lead amencv in ~egard to the State Environmental Quality Review Act in the matter of the application of Costello Marine Corp. on behalf of J. Lane Curry for a Wetland Permit on certain oropertv located at Paradise Point. Southold 32. Vote of Board: Ayes: Trustees Bredemeyer, Goubeaud, Krupski; Abstain:Trustee Larsen This resolution was declared duly adopted. Mr. John Costello appeared before the Trustees in regard to his request for an emergency permit on behalf of J. Lane Curry to repair within 18" a bulkhead 130' with (2) 27' returns, to backfill with 110 cu. yds. of sand. The Trustees advised Mr. Costello that they would consider an emergency permit after receipt of a copy of a D.E.C. Permit, favorable comments from the Conservation Advisory Council and a majority vote of the Board of Trustees concurring that this is an emergency. If this is so, this will be justifiable in protecting private property and it will be an act in the public interest to protect siltation of the waterways. Since a field inspections will not be conducted until September 18, 1986 the Board felt that they could proceed with a declaration of Lead Agency Status on this application and move it along. 33. J. LANE CURRY - BY COSTELLO MARINE - LEAD AGENCY DECLARATION - Application No. 44. Moved by Trustee Bredemeyer seconded by trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Costello Marine Contracting Corp. on behalf of J. Lane Curry for a Wetland Permit on certain property located on Paradise Point, Southold. 33. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 34. GRACE K. BOURGIN - LEAD AGENCY DECLARATION - Application no. 442. Moved by Trustee Krupski seconded by trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead agency in re~ard to the State Environmental quality Review Act in the matter of the application of Grace K. Bourgin submitted by Peconic Contracting, Inc. for a wetland permit on certain property located at 515 Watersed~e Way, Southold. 34. Vote of Board: Ayes: Ali This resolution was declared duly adopted. 35. Moved by Trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED that the Clerk is authorized to advertise for the Public Hearings on the Wetland Applications. 35. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Town Trustees - August 28, 1986 - Page 20. 36. GRACE A. FINORA - LEAD AGENCY DECLARATION - Application no. 443. Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead a~ency in regard to the State Environmental Quality Review Act in the matter of the application of Grace A. Finora for a Wetland Permit on certain property located on the North East corner of East Legion Ave. and Bay Avenue, Mattituck. The Board requested a lon~ environmental assessment form for this project. 36. Vote of Board: Ayes: All This resolution was declared duly adopted. 37. RESOLUTION CALLING FOR IMMEDIATE ACTION TO SAVE THE PECONIC BAY ESTUARY Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to SUPPORT A RESOLUTION CALLING FOR IMMEDIATE ACTION TO SAVE THE PECONIC BAY ESTUARY as follows: WHEREAS the Peconic Bay Estuary provides essential habitat for many diverse species of shellfish, finfish and water fowl and other important aquatic organisms, WHEREAS the Bay serves as a cornerstone in supporting the region's ~.conomy, WHEREAS the Bay provides unique recreational opportunities and enhances the quality of life on the East End, WHEREAS the environmental integrity of the Bay has suffered serious deterioration in recent years, WHEREAS due to pollution, considerable acres of shellfish grounds continue to be closed each year having a disasterous~effect on local baymen, WHEREAS over the past two years the brown algae bloom has had a devastating effect on shellfish populations resulting in a direct loss of over $3 million to the local shellfish industry in 1985 alone~ WHEREAS such algae blooms are often associated with from sewage effluent, fertilizers, agricultural residential waste water, pollution chemicals, WHEREAS further damage to the Bay may lead to severe reduction of fishing, swimming, boating, and other recreational uses and consequently have a deleterious effect on th~ tourism/resort and second-home economy, WHEREAS the continual degradation of the Bay may lead to the loss of finfish, crustaceans, eelgrass, and fish-feeding birds resulting in the total ecological collapse of marine life, WHEREAS scientific information which would provide a basic understanding of the Bay ecosystem is lacking, Board of Trustees - August 28, 1986 - Page 21. WHEREAS there presently exists no governmental entity specifically dedicated to protect and manage the Bay on regional level, NOW THEREFORE BE IT RESOLVED that the undersigned organizations call upon all public officials to actively support the following action to restore the Bay, Establish a Bay Management Task Force with representation by State agencies, County health and planning departments, Town government, baymen, research scientists, and citizen groups. The Task Force would be created and provided with adequate funding to develop a comprehensive Management Plan for the Bay from a regional approach. To accomplish this goal, the Task Force shall undertake an in-depth study of the Bay by coordinating research efforts and funding to: conduct a complete inventory of Bay resources including adjacent shorelines, wetlands, and tributaries, identify all significant sources of pollution, especially nutrients and sewage effluent, which may have a harmful effect on the Bay, construct a meaningful scientific data base through the monitoring'of water, animal, plant, and sediment samples, as well as relevant meteorological information, evaluate' existing regulation and land-use .management plans in terms of their effectiveness in protecting the Bay, recommend order to the Bay, policies and legislation to be implemented in restore and protect the ecological health of provide continual up'dating of the Maaagement Plan on a permanent basis. 37. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 38. RESOLUTION TO CLOSE DESIGNATED CREEKS FROM SEPTEMBER 17th THRU OCTOBER 10, 1986 for the SHELLFISH TRANSPLANT PROGRAM. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the following creeks in the Town of Southold will be closed to shellfishing as follows: West Creek, Wickham Creek, Town Creek, Jockey Creek, Little Bay, Hallock's Bay, Corey Creek and Goose Creek. 38. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 22. The Trustees discussed the Shellfish Program with Mr. Peter Wenczel, President of the Southold Town Baymen's Association and Mr. Steve Latson, Secretary of the Southold Town Baymen's Association. Trustee Bredemeyer we will return to Agenda item 23 under Resolutions. This is for the Approval or Denial of the Wetland Applications. mo TED DOWD - WETLAND APPLICATION NO. 319 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the Wetland Application No. 319 on behalf of Ted Dowd as submitted. Vote of Board: Ayes: Trustee Bredemeyer, Trustee Goubeaud Nay: Trustee Larsen, Trustee Krupski This resolution was duly lost. B. MARLENE R. NASH - WETLAND APPLICATION NO. 415 - APPROVAL Moved by Trustee Larsen seconded by Trustee Krupski WHEREAS, Marlene R. Nash applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, June 20, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW, THEREFORE, BE IT RESOLVED that Marlene R. Nash BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO install a float 20' x 5' and walkway 24' x 4' in Deep Hole Creek, Mattituck, property is located at 1700 Deep Hole Drive. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insoring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration 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. B. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 23. C. SAL VARANO - WETLAND APPLICATION NO. 410 - APPROVAL Moved by Trustee Krupski seconded by Trustee Larsen WHEREAS, The Land Use Company on Behalf of Sal Varano applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold application dated, May 28, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 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 ail the testimony and documentation submitted concerning this application, and 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, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Sal Varano BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO reconstruct in kind and in place approximately 210' of storm damaged timber bulkhead and to backfill with approximately 40 cu. yds. of clean sand to be trucked in from an upland source. Property is located at 6750 Indian Neck Lane, Peconic. This permit will expire on August 28, 1987 if work has not conm~enced by said date. Theme.are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration 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. C. Vote of Board: Ayes: All This resolution is declared duly adopted. D. ANN BURGER - WETLAND APPLICATION NO. 416 - APPROVAL Moved by Trustee Krupski seconded by Trustee Bredemeyer WHEREAS, Ann Burger applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, June 20, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time all interested persons were given an opportunity to be heard, and Board of Trustees - August 28, 1986 - Page 24. 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW, THEREFORE, BE IT RESOLVED that ANN BURGER BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO construct a 10' x 24' deck on property located on Pine Tree Road, Cutchouge. Construction material shall be suitably contained at the work site so as to prevent its eroding, leaching or other- wise entering into adjacent wetlands or waterways. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit bM the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. D. Vote of Board: Ayes: Ail This resolution was declared duly adopted. E. JOHN MORSE - WETLAND APPLICATION NO. 411 - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Angelo Stepnoski on behalf of John Morse applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold application dated May i4, 1986, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time ali 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW, THEREFORE, BE IT RESOLVED that Angelo Stepnoski on behalf of John Morse BE AND HEREBY IS GRANTED pERMISSION UNDER THE PROVISIONS OF THE WETLAND O~)INANCE OF THE TOWN OF SOUTHOLO, NEW YORK TO REPLACE IN KIND AND IN PLACE i18' of deteriorated timber bulkhead and 82' of deteriorated timber jetty and to fill with 150 cu.¥ds, of clean fill behind the bulkhead to be trucked in from an upland source. Property is located off a terminus of Old Salt Lane! b~ttituck. Board of Trustees - August 28, 1986 - Page 25. This permit will expire on August 28, 1986 if work has not commenced by said date. are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk. the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. E. Vote of Board: Ayes: Ail This resolution was declared duly adopted. There NICHOLAS CUTRONE - WETLAND APPLICATION NO. 412 -DISAPPROVAL Moved by trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED to DENY WITHOUT PREJUDICE the application submitted by John H. Geideman on behalfof Nicholas Cutrone for a wetland permit because the project would undermine the lateral support of the other lands in the vicinity. Vote of Board: Ayes: Ail This resolution was declared duly adopted. DOUGLAS MORRIS - WETLAND APPLICATION NO. 413 - APPROVAL Moved by Trustee Krupski seconded by Trustee Goubeaud WHEREAS, John Geideman on behalf of Douglas Morris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, June 12, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time ali 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 ~HEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW, THEREFORE, BE IT RESOLVED that John Geideman on behalf of Douglas Morris BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO Construct a 3' x 10' ramp and a 6' x 20' float to the end of an existing dock on property located on Siivermere Road, Greenport. This permit will expire on August 28, 1967 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant Board of Trustees - August 28, 1986 - Page 26. has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration 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. G. Vote of !Board: Ayes: Ail This resolution was declared duly adopted. ARNOLD BLAIR - WETLAND APPLICATION NO. 407 - APPROVAL Moved by Trustee Krupski seconded by Trustee Goubeaud . WHEREAS, En-Consultants, Inc. on behalfof Arnold Blair applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, May 14, 1986 and WHEREAS said application was referred to the Southoid Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which ~me 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of Arnold Blair .BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO construct 97 lin. ft. of timber retaining wail extending from previously approved return on west side to existing bulkhead on the east side. Backfill with 60 cu. yds. of clean sand to be trucked in from upland source. Project is located on Midway Road, Southold. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name th~ Town as a name insured. Please take further notice that this declaration 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. H. Vote of Boad: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 27. DORRIS SONNER - WETLAND APPLICATION NO. 417 - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, John H. Geideman on behalf of Doris Sonnet applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, June 25, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 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 Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the To~-~, NOW, THEREFORE, BE IT RESOLVED that J. H. Geideman on behalf of Doris Sonner BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO construct a foot bridge 30' x 4' over salt water stream on property located on Inlet Lane, Greenport. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration 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. Vote of Board: Ayes: Ali This resolution was declared duly adopted. J. JOSEPH DUGGAN - WETLAND APPLICATION NO. 420 - APPROVAl. Moved by Larsen seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Joseph Duggan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, June 16, 1986 and Board of Trustees - August 28, 1986 - Page 28. WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 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 ail the testimony and documentation submitted concerning this application, and 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~ NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Joseph Duggan BE AND HEREBY IS GRANTED PER>[ISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO construct approximately 55' of timber bulkhead and to dredge approximately 40 cu. yds. for use as a boat slip. Property is located on Snug Harbor Road, Greenport. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured- Please take further notice that this declaration 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. Vote of Board: Ayes: Ail This resolution was declared duly adopted. JOSEPH DUGGAN - WETLAND APPLICAITON NO. 380 - APPROVAL Moved by Trustee Larsen seconded by Trustee Bredemeyer WHEREAS, The Land Use Company on behalf of Joseph Duggan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated, March 18, 1986 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Trustees with respect to said application on August 28, 1986 at which time ail 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 ail the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Board of Trustees - August 28, 1986 - Page 29. NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Joseph Duggan BE AND HEREBY IS GP, ANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO Construct a 16' x 32' swimming pool and 5' deck around same. Ail fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entering into adjacent wetlands and waterways. This permit will expire on August~8, 1987 if work has not_commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant for a permit shall file with the Clerk a certificate that the applicant has public liability insurance policies insuring against any %iability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration 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. Vote of Board: Ayes: Ail This resolution was declared duly adopted. L. ALEXANDER G. KOKE - WETLAND APPLICATION N0.373 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the decision on the application of Alexander G. pendin~ review of the information in the file. L. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Koke The Trustees commenced with item III Communications. Board of Trustees - August 28, 1986 - Page 30 . III. COMMUNICATIONS: 2. 3. 4. Peter & Barbara Herz, 170 Cedar Point Dr., Southold, N. Y. - See page 8 Resolution for Peter & Barbara Herz. Cron & Cron on behalf of Julius Juttner of Westview Dr., Mattituck, N.Y. request for Quitclaim Deed. Letter from Joseph O'Leary regarding pollution in the Bays and Creeks. Mr. Frank R. Jones, Chief Deputy County Executive of Suffolk County relating information on Deep Hole Creek and reason why County will not dredge. Water Land and Wildlife Protection Group, Peconic, N.Y. regarding over dredging of Richmond Creek. Charles deQuillfeldt, Marine Resources Specialist, II, results of samples for bacteriological water quality. Copy of this report has been sent to Baymen's Association. Laurel Lake Property Owners regarding Laurel Lake preservation. Jeanette Dumas regarding Arshamomaque Pond. Nicholas Tsirkas request for waiver to build a single family dwelling on property located onthe Northside of Sound Ave., Greenport Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that Patr%c~a C. Moore on behalf of Nicholas Tsirkas BE AND HEREBY IS GRANTED A WAIVER of the Wetland Ordinance of the Town 10. 11. 12. 13. 14. of Southold all in accordance with the information submitted. VOTE OF BOARD: Ayes: Ail THIS RESOLUTION WAS DECLARED DULY ADOPTED. West Mattituck Beach Association regarding Coastal Erosion Area Management Program. Letter from James H. Rambo, Inc.regarding Narrow River Road Project. As much of sunken timber barge as could be removed with a land crawler crane has been removed. Matt-A-Mar Marina proposal for reconstruction of docks, field survey was done. Request from Supervisor Murphy for comments on Mattituck Inlet Dryland b~rina project proposal. Request by Rudolph H. Bruer on behalf of J. Dempsey from Raeburn for determination of jurisdiction on the proposed construction of a single family dwelling. The Board determined that they have no jurisdiction in this matter. Board of Trustees - August 28, 1986 - Page 31 III 15. 16. 17. 18. 19. 20. 21. 22. 23. COMMUNICATIONS: Letter from Mark Gross regarding Laurel Lake Letter from Marion Smith regarding Laurel Lake. John H. Wohlberg regarding need of repairs to Jockey Creek bulkheading. Trustees will inspect on next inspections. Request by Garrett A. Strang on behalf of Eugene Bozzo to move a house and construct a deck on property located at Camp Mineola Road, Mattituek. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED THAT Garrett A. Strang on Behalf of Eugene Bozzo be and hereby is granted waiver of the wetland ordinance of the Town of Southold as requested. VOTE of the BOARD: Aves: Ail This resolution was duly adooted. Request by Ben Schwartz for a waiver of reconstruction of a building upon pre-existing foundation on Fleetwood Rd., Mattituck Moved by Trustee mredemever seconded by Tru~tp~ ~m,h~,H ~ ~ RESOLVED that BenSchwartz be and hermby ~ ~rmntmd m wmJv~r of the wetland ordinance of the town of Sm~thm]H m~ r~q~,a~t site. VOTE OF THE BOARD: Aves: All This resolution was duly adopted. Request by Rudolph H Bruer on behalf of Dempsey from Dean for a determination of jurisdication on the property located at New Suffolk Ave. and Dean Drive. The Board de~rm~d ~hat they have no jurisdiction on the project as proposed on Survey dated Feb. 11, 1985. Letter from A. &. R. Jahier regarding Laurel Lake. Request by Garrett A. Strang for a waiver on behalf of Mr. & Mrs. Philip Milot raising of the house to flood plan elevation. RESOLVED THAT Garret~ A, Strang on behalf of Ph~]~p G~ Milot be and hereby is ~ranted a Waiver of the W~£1and Ordinance. VOTE OF THE BOARD: Aves; ALL This resolution was duly adopted. Daniel John Maggio regarding a waiver of the Wetland Ordinance for the construction of a single family residence on property located on Wells Road, Southold. The Board took the following action: WHEREAS, The Trustees reviewed the application submitted by Mr. Daniel John Maggio and WHEREAS, the Trustees have personally viewed and are familiar with the property in question and the surrounding area, and WHEREAS, the Board has determined that the Trustees have no jurisdiction in regard to this matter in accordance with the proposal submitted on the map surveyed by Roderick Van Tuyi, P.C. revised on Sept. 10, 1985, also be it advised that any variation from the submitted plan will have Board of Trustees - August 28, 1986 - Page 32. 24. 25. 26. redetermined, and be it further advised that this declaration 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. Vote of Board: Aves: All This resolution was declared duly adopted. NANCY C. STEIN request for a waiver of the ordinance to replace and expand a deck on property located at Cedar Lane, East Marion. The Board took the following action: Moved by Trustee Bredemeyer seconded by Trustee Krupski it was moved to Approve the request made by NANCY C. Stein WMEREAS~ the Board members have personally viewed aid are familiar with the premises in question and the surrounding area; and WHEREAS, the Board has considered all of the documentation submitted concerning this request; and ~R{EREAS, the Board made ihe following findings of fact. 1. By this request appellant requests a WAIVER of the Wetland -~ Ordinance to replace and expand a deck on property located at Cedar Lane, East Marion, New York. 2. The existing deck is totally behind a bulkhead. -3. The proposed deck will be placed on gravel. 4. The applicant agreed to do everything to contain road run off that is going through his property by installing dry wells before IN VIEW OF THE FOREGOING AND IN CONSIDERATION OF THIS REQUEST THE BOARD FINDS AND DETERMINES: i. The project as proposed will not adversely affect the health, safety and general welfare of the people of the Town. 2. The project as proposed will not adversely affect the wetlands. In considering this determination, please take further notice that th is declaration should not be considered a determination made for any other department or agency which may also have an applicat~n pending for the sam or similar project. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Donald Rosen, President of the Laurel Lake Property Owners Association. From the Southold Town Baymen's Association, Inc. a field report from the State D.E.C. in regard to permit no. 10-85-1141. The Trustees referred this matter to the Bay Constable to refer to the D.E.C. for a follow up inspection and to do what is necessary under the law. Trustee Bredemeyer requested that a member of the Board read the Communication: Board of Trustees - August 28, 1986 - Page 33. The following was read by Trustee Goubeaud: This is a letter from the Southold Town Baymen's Association, Inc. regarding D.E.C. Permit no. 10-85-1141 issued to Henry Smith of Southold, New York to dredge in Town Creek, Southold. Dear Trustees: On August 5, 1986, our Association surveyed this dredging project at iow water, utilizing snorkeling equipment, stakes and measuring tapes. The depth of 5 feet below mean low water and the width of 16 ft. were professionally addressed, as specified in the permit. However, we found the length of this project to be approximately 195 ft. far exceeding the permitted 80 ft. Furtheremore, we extrapolate that the permitted 96 cubic yards of material dredged, could be approximated at 230 cubic yards. We consider this action a permit violation on two counts and request a thorough investigation of this possible infringement upon public creek bottom. Respectfully, Peter Wenczel, President, Steve Latson, Secretary. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Bay Constable is directed to do his job and to seek out the help of the D.E.C., since the both permit conditions were the same and submit a report of findings to this Board. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 27. From the Laughing Water Property Owner's Association, Inc. regarding moorings on Opechee Ave., Southold. This I believe is a private matter, advised Trustee Bredemeyer. I think the Board should decline comment until it is resolved between the parties. 28. From Lawrence A. Goldberg a letter regarding the Douglas Miller application. 29. From Town Attorney Robert W. Tasker, advising that the Houseboat Ordinancs of the Town of Babylon, which is similiar to the Town of Southold, which has been adopted, was upheld in a New York State Court. 30. From Lorraine S. Terry a letter regarding the Alexander F. Koke application in Hallock's Bay, Orient. 31. From Mr. & Mrs. Edward Adams regarding the Alexander F. Koke application. 32. Roderick Van Tuyl, P.C. regarding requested survey on the Alexander F. Koke application. The communication was read into the record by Trustee Ellen Larsen. Dear Board of T~ustees: There is apparently some question regarding the topographical survey prepared by us for Alexander F. Koke Narrow River, Orient. The enclosed map has been revised and marked to clarify the datum used: contours refer to the elevation of 6.5 feet at the angle in Narrow River Road, as shown on the Suffolk County D.P.W. aerial survey, which is based on the U.S. Coast & Geodetic Survey's 1929 datum at Sandy Hook, establishing "mean sea level". As previously noted on the Koke survey, the elevation of the observed ordinary high water mark was 3.1 feet. To refer the contours to ordinary high water, subtract the 3 feet from the numbers shown. The elevation at the test hole site is 6 ft. above mean sea level; the depth to water was 4 ft. To refer to the contours to the depth to Board of Trustees - August 28, 1986 - Page 34. of water, subtract the 2 foot difference from the numbers shown (see grading plan). We hope this helps to clarify the situation. Sincerely, Colin Van Tuyl Peter Wenczel, President of the Baymen's Association commented that this survey was based on 1929, we ali know the sea level has raised. 33. From George O. Guldi on behalf of Douglas Miller for a wetland Permit No. 409, to construct a single family residence adjacent to Laurel Lake. Mr. Guldi requested that the Board TABLE any action on this apolication as he was ~oin~ to submit a revised survey with a new buildinm envelooe on same. The Board took the followinm action. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the wetland application no. 409 on behalf of Douglas Miller for the construction of a sinmle family residence on Laurel Lake. as requested. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 34. From Troy J. Baydala regarding the Lewis Edson property located at 2570 Clearview Ave., Southold. 35. Richard S. & Patricia M. Baker regarding the William A. Hall dock proposal on Fishers Island. 36. Jerie R. Newman regarding the Alexander Koke Application. This communication was read into the public hearing on this application. 37. Richard J. Cron, Attorney on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southoid. GRANDFATHER APPLICATIONS: The following applications were Tabled, pending more information: The following applications were Tabled, and a letter is to be sent to the applicant requesting them to check and see if they have a wetland permit for their structures before a second permit is issued. ii. 14. 15. 16. 17. Stanley Mackiewicz - bulkhead in Gull Pond Helen Rutkowski/Harold Stetler - dock and ramp, Fordham Canal. John Costello - dock, Fordham Canal. Stephen Eich - dock, Arshomomaque Pond. Erwin J. Winicki - dock, Gull Pond. The following were Tabled, and a letter is to be sent requesting a sketch of the structure: 7. Henry & b~rlene Goetz - To secure a permit for a bulkhead and deck. 17. Erwin J. Winicki - dock, Gull Pond. Board of Trustees - August 28, 1986 - Page 35. Althea C. Reybine - Approval for wetland permit only. Dock on Dam Pond, East Marion. Joseph F. Hack - bulkhead in Dawn Lagoon, no year on application. Virginia J. Feder - bulkhead, Arshamomaque Pond, no year of structure. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to APPROVE the followin~ applications for permits under the Grandfather Clause: 4. 6. 8. 10. 12. 13. 18. Paul Forestieri - To secure a permit for a dock including a walk and floats. Property is located at 845 Mill Creek Drive, Southold. Arshamomaque Pond. Ann & Gil Amiaga - To secure a permit for a dock. Property is located at 52370 North Road, Southold on Arshamomaque Pond. Edwin W. Stewart - To secure a permit for a dock and bulkhead. Property is located at 1 Carol Road, Southold, Arshamomaque Pond. Ralph & Shirley Crocker - To secure a permit for a dock. Property is located at 195 Gull Pond Lane, Greenport. Helmet Kent - To secure a permit for a bulkhead. Property located at Snug Harbor Rd., Greenport. Ralph Latham - To secure a permit for a dock. Peter's Neck, Orient. Daniel & Patricia Stegner - To secure a permit for a bulkhead, Corey Creek, Southold. Robert Lydecker - To secure a permit for a dock and float. Property on Goose Creek. T. Moore-Jankowski, M.D. - To secure a permit for a bulkhead, Arshamomaque Pond, $outhold. 19. Henry W. Burden - To secure a permit for a dock in Little Bay, Vote of Board: Ayes: Ail This resolution was declared duly adopted. Orient. ALTHEA C. REYBINE - G.F. WETLAND APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to APPROVE the request made by Althea C. REybine to secure a permit for a dock on property located on Dam Pond, East P~rion, New York, under the Grandfather Clause for a Wetland Permit. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - August 28, 1986 - Page 36. Trustee Bredemeyer advised that there is going to be a meeting of the committee with reference to Critical Area Designation of Hallock's Bay on September 2, 1986 at the Southold Town Hail, Main Road, Southold, 7:30 P.M. A letter is to be sent to Mr. Raymond Jacobs, Supt.of Highways requesting that the Town start work on addressing the run off problem at the Hallock's Launching Ramp byperhaps the installation of some barriers and putting some drainage behind the structure. Also, to request that they cease dumping any materials that are not virgin sand and gravel or asphalt material, at this location. The Trustees would like to request that Ray Jacobs meet with the Conservation Advisory Council and the Trustees to develop some type of drainage control to minimize the run off. The Trustees continue their offer to meet with Mr. Jacobs to work on Skunk Lane and Arshamomaque Pond regarding the problems at those locations. The Trustees discussed the Latham property at Narrow River, Orient. Trustee Bredemeyer advised that he has not seen this matter corrected to date. He advised that if there is not an application submitted in a speedy time that the Bay Constable is directed to issue a violation and start enforcement proceedings. Also, there was a notice in the Trustees boxes that there was wetlands destroyed on the property of Mr. John Wickham. There was also a note on the notice that it was not agricultural. I move to direct the Bay Constable to send Mr. Wickham a Wetland Application to submit to this board within ten days and to cease any activities. The Clerk advised that a letter with an application has been sent to Mr. Wickham. Motion seconded by Trustee Goubeaud: Ayes: Ail Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that a certificate that the applicant for a wetland permit has public liability insurance is to be submitted to the Trustee Office prior to the issuance of a permit. Vote of Board: Ayes: This resolution was declared duly adopted. There being no further business to come properly before the Board of Trustees on Motion made by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that this Trustee meeting be and hereby adjourned at 10:40 P.M. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Secretary to Trustees 1iECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~,/a/fZ HOI311 PUBLIC HEARING IN THE MATTER OF TED DOWD NOTICE IS HEREBY GIVEN THAT PUBLIC HF~kRING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, P~IN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, AUGUST 28, 1986 on the following application for a permit under the provision of the Wetland Ordinance of the Town of Southold: 7:30 P.M. In the matter of the application of Ted Dowd to construct a single family residence on pilings 30' from Orient Harbor. Property is located at 350 Rabbit Lane, East Marion, New York. 7:45 P.M. Trustee Bredemeyer: Is there any one to speak in favor of this application? (no comment). Is there anyone who wishes to speak against this application? Yes. Please come forward and use the microphone. If you would also sign in so that we will have your name for the record. Clerk: There is a sign in sheet on the chair. Harriet Moor: My name is Harriet Moor I live adjacent to the property that Mr. Dowd is seeking to build a house on. I have before me a notice of disapproval dated September 18, 1985, in which he was disapproved on three counts. Trustee Larsen: Disapproved by whom? Mrs. Moor: The Town of Southold, Building Dept. one, the building exceeds the lot coverage per written by 703-232 sq. ft Article III, Section 100-31 Bulk schedule A Col building will be located in the 75'-0" set back required from Tidal Wetlands Article IX, Section 100-119-2. Now if Mr. Dowd is seeking approval of these items this evening, and I am sure that he is, what is the point of setting up rules in your zoning book. What is the purpose of it? Trustee Larsen: Each application is a separate entity of itself. Having a permit from one agency does not relieve the applicant from the responsibility of having a permit from the other agency. However, each Board that the applicant comes before only addresses the issues pertinent to the ordinance of that Board. Okay, specifically as far as the 75' setback requirement, he would require a Wetland Permit from us in order to meet that criteria established by the Building Department. Mrs. Moor: He has not gotten that approval yet? Trustee Bredemeyer: This hearing is part of this process. Trustee Larsen: You are giving us your opinion on this project. You brought to our attention that the Building Dept. has not issued a building permit at this time and you gave us the reasons. Trustee Bredemeyer: Those items are for the Zoning Board of Appeals. This Board is not the Zoning Board of Appeals. We can not act specifically on those items. We act on other items under the Town Wetland Ordinance. Mrs. Moor: Is that what this meeting is here for tonight? Trustee Bredemeyer: That is correct. Board of Trustees - Public Hearing in the matter of Ted Dowd Page 2. August 28, 1986 Mrs. Moor: Not the Zoning Law. Trustee Larsen: No. We do not deal with that. We deal with the Wetland Ordinance. Trustee Bredemeyer: Do you have anything more to add to this application? Mrs. Moor: No. Not as far as I can see, Trustee Bredemeyer: Anyone else here to speak against this application? Frank Heroy: My name is Frank Heroy. I'm speaking for the Lakeview Terrace Road Association which is off Bay Avenue in East Marion. The Association requests that this project not start until the silt problem under the bridge has been resolved, which was a result of the first project of Mr. Dowd. If for 60 years one could row a boat under that bridge. Today one can not row a boat under that bridge as a result of siltation into the lake. The second thing, the Association requests that a weight limit be placed on that bridge because a collapse of that bridge into Wetlands could be fatal to a person and could have a catastrophic effect on wildlife in that area. Trustee Bredemeyer: Okay, thank you. Is there any one else who wishes to speak on behalf of this application, either for or against? Ruth Oiiva, N.F.E.C.: We oppose this application because we feel that three residences on a small piece of property is just to much. As far as the septic systems are concerned going into Lake Marion, there is alot of development and most of the run off as it is is probably going into Lake Marion. We do not feel that the lake should be loaded any more with any more nutrient. Trustee Bredemeyer: Is there any one else who wishes to speak on this application? Dr. Martin Garreli: Jay, just for the record, I guess the comments from the Conservation Advisory Council are part of the record? Trustee Bredemeyer: If you wish to reiterate them, that would be fine. Dr. Martin Garreil: If you recall we were opposed to the project. We felt that there would be a significant impact on Lake Marion. We felt that this particular applicant should go through the full environmental hearing process and should be made to process a draft environmental impact statement through a final impact statement. With ail of the useful information that hearings bring out. We therefore felt at this time, that the application for a permit should be refused. That was ail, that will be part of the record. Trustee Bredemeyer: Anyone else? Yes. Ted Dowd: My name is Ted Dowd. I would like to point out a few things. In reference to the first question about the bridge, the bridge was 20" deep last year, I measured it. I believe it is deeper this year. Alot of construction work and rework has gone on. Just for the record. I believe some of you have been down there to look at In reference to the environmental impact statement, it was addressed thoroughly' last time. This application is for one house, not three houses on that piece of property. Does anyone have any questions? Board of Trustees - Public Hearing in the matter of Ted Dowd Page 3. -August 28, 1986 Trustee Bredemeyer: Does anyone else have any comments. (no comments.) Do any of the Trustees have any questions? (no comments.) There not being any further comments on this application, I close the public hearing in the matter of Ted Dowd. Hearing Closed at 7:55 P.M. ALEXANDER Go KOKE PUBLIC HEARING AUGUST 28, 1986 IN THE MATTER OF THE APPLICATION OF EN-CONSULTANTS, INC. ON BEHALF OF ALEXANDER G. KOKE to construct a one-family residence, porous driveway, sanitary system, well, etc. approximately 100 cu. yds.of fill will be trucked in to raise grade in area of proposed cesspools. Property is located on Narrow River Road, Orient. 8:0i P.M. Trustee Bredemeyer: Is there any one who wishes to speak against this application? Dr. Martin Garrell: Again there is no point in going over everything that is in the record, in summary, I think you realize that the Conservation Advisory Council felt very strongly that this is a case that the Wetland Application should be denied at least pending a full series of Environmental Hearings. Here was an area where contours were so low that you were simply going to be destroying wetland species by putting in the fill that would be necessary to bring in a house on that site. We felt that there were ali kinds of questions that needed to be addressed. Hallock's Bay is a very critical area, and that this was a project that would cry for a full environmental hearing process. Trustee Bredemeyer: Thank you very much. Anyone else? Over there. Please sign in for the record so we have your name. Richie Latham, Orient: This piece is low, it is wetlands, it is not a buildable piece of property. Some justi£±cation for what is around it, public use of the boat ramp and the marina. The Master Plan calls for large parcels of land around Hallocks Bay just to protect it. I think that is a big point. The land owners did not want it, but they are going to have to do it. The Bay as you know, if fragile. The Baymen are disappearing. The Brown Tide is bad enough. We do not need any more houses. Every house on the bay is another nail in the coffin I think. I hope that you will look at this proposal again. Ask for all of the environmental statements, don't be in a hurry, this is a very important thing. It is one of the last good bays, if not the last bay itself. I have not heard of anyone in favor of it, I haven't talked to anyone in favor of it. Thank you for you time. Trustee Bredemeyer: Thank you. Mrs. Oiiva. Ruth Oliva, N.FoE.C.: We do oppose this project. You ladies and gentlemen up there are the Board of Trustees. It is your job to protect our creeks and our bays. Hallock's Bay is probably the most important Bay for our Baymen. It is the most productive area for scallops. And hopefully, with research and what have you, we can get them back. We just do not need any homes along Hallock's Bay. Alexander G. Koke - Public Hearing - August 28, 1986 Page 2. There have been moves to limit this by Nature Conservancy taking over some of the pieces of property. Hopefully some of them will be bought. Just another one will increase the domino effect that there could be a few more houses. We do not need any more loading of this bay. It is in the A Zone on the flood plain map, the elevation that would be required would be 10'. You all have visited the site and you know how low it is. Even to be bought up to Health Dept. standards to put in a sewage system is going to require a fair amount of fill. If the builder decides not to put the house on stilts you can just emagine how high that piece of property is going to be. What is going to do with the run off going from that property, not only to Hallock's Bay but to our own Town Launching Ramp? And also, to the adjoining property owner of the marina. I would ask you to reconsider even your declaration, and make it a positive declaration, and have a full environmental impact statement done. Trustee Bredemeyer: Thank you. Anyone else? Ann Mackay, Orient: I don't know if any of you ever get a chance to get to the south shore? I have sailed into Northwest Harbor and Three Mile Harbor. Three Mile Harbor has a million houses on it and it is closed to clamming and shellfishing of any kind. Northwest Harbor is being protected there are only a few houses there, and it still may be saved. It would be shamefull if Hallock~s Bay went the way those other placed have. The sewage seepage, we don't know enough about, except that it finally pollutes. Trustee Bredemeyer: Thank you. Steve, I think there might have been a missignal there. Steve Latson: That's okay. Lyridal Braukeir: We have had applications for houses on Hallock's Bay continuously and almost all of the organizations of Orient, and all of the people ol Orient have been objecting to them. The Baymen have been objecting, and the environmental organizations, and I don't understand it, why it is even being considered? Trustee Larsen: I don't eitherl Trustee Bredemeyer: I believe Mr. Latson is next. Steve Latson, Southold Town Baymen's Association: I have taken these two maps submitted by the applicant and transposed them fairly accurately on this chart. Basically what I'm going to do is to go over what this map shows. early May, we went down there and drew up what we considered, according to the Wetland Code, is Wetlands. In general, this area is heavy groundsel cover (indicating on the map) which certainly is under the Town Code, and up here we know this area does flood when high water or peak lunar tides. The groundsel bushes do to. Ail of this should be considered Town Wetlands. This is originally where they were going to put the house. One corner went right into the wetlat~ds. Thre original septic system was going to be in this area (pointing to the map). Trustee Bredemeyer: Steve, I realize the building envelope there is :~ little different from the original application. I don't think the board had a problem Alexander G. Koke - Public Hearing - August 28, 1986 - Page 3. with that. a question. storm tide? That looks fairly realistic as far as the Wetlands. I just have How do you know that upper edge actually is getting flooded at I haven't seen it myself, to be perfectally honest with you. Steve Latson: We have talked to members of the Association I think Frank Begora can speak later on. He has seen it historically' flood. I think if you get elevations of that area, you will realize that during "Gloria", "Nelson" it certainly would have to flood. I think that is what the answer is going to be. We shop elevation sites, well I'm not going to get into that now. On August 7th, we met with Trustees Bredemeyer and Goubeaud and shot three different sites. First we shot high tide mark, then we shot these three sites (indicating on the map). This is supposedly a 5' contour. Now, I know it isn't actually that, but according to the map it is mean sea level. We looked at charts and subtracted 14 inches. So we would assume that this line is three feet ten inches. (indicating on map) This is suppose to be six feet, so it should be four feet ten inches. We shot these three sites this is obviously within the 5' contour and we got 18 and ~ in. This site here we got 16 in. and this here 11 in. I think these numbers speak for themselves. This area in the back here is accurate and it is very low. That is about it. I'm not to good at this. This is the proposed area for the huilding envelope. The house is actually in that area. The only other thing I can say is with 100 cu.yds, of fill what you will wind up with on that property is a 30 x 11 x 8 ft. mound with the septic system in. When a storm comes up it will wash the septic system away. That about all I can say. Thank you. Applause from the audience. Peter Wenczel Southold Town Baymen's Association: I just want to make a couple of comments. I think Steve pretty much outlined where our feeling the high marsh is on this property and possibly the accuracy of the survey that was submitted. I would like to address this from a different view point. We feel that the Trustees have not necessarily approached this from the proper angle or the proper proceedure. Initially, on April 24, the Trustees asked for a licensed land survey with topographica map with contours at one foot intervals. On July 31th the Trustees accepted a map that did not live up to this request. I think if the map had shown those one foot intervals accurately I think all of the problems would have been eliminated. and they might have realized what was really going on with this piece of property. That was my first problem, that the Trustees accepted something than what was less then they requested. Then the next think they voted three to two in favor of a Negative Environmental Impact. I think anybody that goes down to that piece of property and realize how far that high marsh extends back into it, there is no way there will be no impact. I know that John doesn't want to hear this, that the domino theory is ridiculous. They all add up. You have 1% run off here 1% there 1% over there. You add them ali up and you will have i00%. I think that the Board should go back start over on this, rescind their original declaration ask for an environmental impact study on this, and do the project jostice. We are a dying breed, and we don't need any help from development. Applause from the audience. Trustee Bredemeyer: I was going to try to address one side of the room at a time. alright. Kathleen Latham, Orient: Well you are the Trustees. I really could not believe what I read. I can't believe what is happening here. Because of ail things Alexander G. Koke - Public Hearing - August 28, 1986 Page 4. to protect I think we need to protect Hallock's Bay. I though everyone was agreeable to that. Jay, I thought was going to bt the main protector and I could not believe that when I read he was the o~e who led this other side of what was happening here. I'm very proud of Ellen and Albert in that they were a little more realistic in this. This property I believe is 8/10 of an acre. It is small for one thing. I think the most important of all, is that our law is based pretty much on precedents, and ii you let this house come into being, then someone else will come along and say this one is there, why not another one. That is the way things go. Already they have said, the marina is there and it is a little questionable how it got there, that this is there then, why not another house. I don't have to tell you how important it is to preserve Haliock's Bay, that is your job. We just want you to go back and start over again, and do what we expect you to And I think you will do it. Trustee Bredemeyer: Thank you. Frank Begora: I'm Frank Begora from East Marion. I live in Orient for five years, forty years in East Marion. I seen that water come across Narrow River Road many times I have even seen it come across the PEin Road in Orient. That is how high the tide runs there. Not only once, but twice. The tide rises over the road before they raised the road up. Now they have the road build up five feet higher. During the storn last year my boat drifted up to the road during high tide. That's ali. Trustee Bredemeyer: Thank you. Anyone else? Arthur Turell: I was here over two years ago, arguing against the development of property on Hallock's Bay by Dr. Samuels. Now I come in again with a ridiculous piece of property, has no virtue to have a house on it. Furthermore, it is outrageous to the Baymen to find that we had recommended time and again not only for the purchase of the ramp, which the town eventually did, but for the purchase of that property under the old owner. It should have been done at the time that that ramp was done. There is no virtue in having that in anv other way used as a ramp or an entrance to that bay. You know the value ot the b~y, it is a source of great economic asset to this place, and it is absolutely true what I have said three years ago,if one house is built there is going to be a ~ecedent that you will find irresistible to deny any other builder who wants it. I do not hold with this sacred of legal ownership being to do what you want with the property. We have seen this with the Horowitz property and it surprises me that s~ch a negative environmental vote would have gotten through this board. It i~; abso]_uteiy astonishing. I feel that you should rescind this. There is no other deci~;ion that I think a Board of Trustees worthy of its name could possible do. Trustee Bredemeyer: Thank you. Is there anyone else who wishes to speak? Will you please sign the sign in sheet Mr. Tureli. The following letter was read into the record for her daughter. Dear Trustees: The master plan calls for 5-acre zoning in and around Hallock:~ Bay area because of the fragile ground water situation and the environmental impa~ on Hallock's Bay itself. It seems very contradictory to me to tell the farmer across the street trom the Koke property thathe must have 5 acres to build a house and then tel! ~ir. Koke be can Alexander G. Koke - Public Hearing - August 28, 1986 - Page 5. build on less than an acre right on the very edge of the bay. A hard line must be taken on any further building on Halloc's Bay. One only has to travel a short way to Flanders to see houses still being built on stilts over the marsh. We read that Flanders is where the Brown Tide began. If we continue this mad building on our shorelines, will we ever see clean water again? The Koke property ismuch lower than the road. Everything concerning that property must run off into Hallocks Bay and will affect the ecology of the bay in a negative way. As Trustees~ your job is to protect our wetlands and tidal waters. Take a hard line because Southold Town is fast going the way of the developers pocketbook and past experience has shown that developers do not have long term interests: they hit and run with the money in their pockets leaving the Town and its residents with the residue. Sincerely, Jerie R. Newman P.S. I am a native of Orient and the sister-in-law of Ed Latham, the farmer across from Koke's property. Although I support the 5-acre zoning, I can certainly sympathize with Ed, whose family has been in Orient for many generations, when he is told he cannot build on less than 5 acres and a guy named Koke can come in on less than an acre righ on the bay and build. This is certainly an injustice, to say the least. Trustee Bredemeyer: Thank you. Mr. Thomas Samuels: I don't know Mr. Koke, I know the property. I own property down the road that has been referred to on and off for almost three years. It is easy to be intimidated by the Orient Association by the residents of Orient, I know them quite well. They are nice people. They are alot like the people of Cutchogue, they are alot like the people of Mattituck, they are alot like the people of Greenport. They are nice people. The people of Southold are nice people. The problem in Orient is not an environmental problem with this particular house, it is a sociological problem. If you are going to touch the environmental problem, then lets look at the groungwater contamination and drinking water contamination in Orient. What is it? It is nitrates and pesticides. That is why you have water problems in Orient. You don't have quantity problems, you haven't had quantity problems. The farmers have irrigated South of the Main Road for years. It has never exhausted the water and irrigation. The problem, however, is not an environmental problem. Run off of nitrates and pesticides into Hallock's Bay is the principal problem in Hallock's Bay. It is widely known. But the problem is a sociological problem for the Orient Association. It is madding. It is madding. They really don't want more people in Southold Town. I at times share that sentiment, I hate to see all of the honses going up, and so on and so forth. But, until the Orient Association, or the citizens of Orient decide that they want to purchase Mr. Kokes property or any other property with which they would like to deny that man's right. Then they have a problem with me, and they have a problem with the law. They can successfully intimidate Town Board's, Zoning Board's and Planning Boards. They have done it in the past. It doesn't work forever, but it works for a long time. You can use S.E.Q.R.A. and it can go on and on. Am I bitter about the Orient Association? I am not. I am a student of human nature, no one wants change. Mr. Koke's house is not going to change the environment in Hallock's Bay. It really isn't. Now when the Town comes down and takes road sweepings and dnmps it on the launching ramp. That's a problem. Mr. Bredemeyer has been instrumental in cleaning up some of the creeks in this town. One of the big problems is road run off. There is very little evidence that incidentally Alexander G. Koke - Public Hearing - August 28, 1986 - Page 6. that sanitary systems built to current Suffolk County Health Dept. standards contribute at all to groundwater problems. I live in Cutchogae, a piece called Mud Creek or Broadwater's Cove. We have alot of houses around. We have excellent planning. We still have blue claw crabs. You can see them through the Brown Tide. The problem is not an environmental problem. It is that we don't want any more people. I don't think that it is fair to take peoples property for that wish. I think that we have to make a point of being willing to contribute to purchase property. I have offered to contribute to a study of ecology and' problems in Hallock's Bay. That offer is still open. The Orient Association sent me a letter at one time saying that they did not have any funds for such a study. The Orient Association should raise those funds. In fairness to property holders in the town, some use for land has to be allowed. Are they going to condemn Mr. Kokes property? Are they going to condemn other pieces of property on the Bay. There are other lots here and there I understand. But i don't think that this is going to happen. The Town is not going to fund it. But yon can intimidate these Boards. It is very unfortunate that Mr. Bredemeyer for example, has been taking the task for, I guess what you would consider the swing vote tor the negative declaration. He made a just decision. And he will be nullified for it by the Association. It is not right. He is right. He is right. There are things that you can do to mitigate the ~mpact of the house. In fairness is the big problem in Orient is farm development program, which has bought farmland South of the highway, and which is going to be continually farmed o~. And you are going to have more nitrate run off, more pesticides and more eutrophication of Hallock's Bay. In modern years with the advent of heavy fertilization ,of crops, this has been a problem with the country. And I am not knocking the farmers, I am not, I like farmers. I like the farm scene we have her~. But it is a sociological problem, and nameing it anything else is not righ[~ [t is using the environmental scene, or the environmental concept to turther what yo~ really don't want, and that is more people around Hallock's Bay. [ have been quiet for over a year on this matter. The recent newspaper ~rticles have raised my ire again. I hope you will forgive me. I am very sincere zn m7 ~ee!tngs. know you are sincere in yours. Unfortunately you just can't seem to se~ the other side of the coin, which is the way it is. Thank you very muci~ for your patience. Trustee Bredemeyer: Dr. Samuels will you please sign in. Trustee Larsen: Um. Trustee Bredemeyer: I perfer to take comments from the audience tirst. Then trom the Board members. Trustee Larsen: I would like to address some questions to Dr. Samuels. Trutee Brsdemeyer: One of our Board members would like to address some questions to you. Trustee Larsen: I would just like to clarify with you several points o£ discussion. Basically, the Board of Trustees is concerned with the definition of a Tidal Wetlands under the Wetland Ordinance. I would just like to take the opportunity to read that to you right now, okay. "It is any land generally or int~rmittent>, Alexander G. Koke - Public Hearing - August 28, 1986 - Page 7. covered with, or which border on tidal waters, or land lying beneath tidal waters, which at mean low tide are covered with tidal waters to a maximum depth of five(5) feet; including, but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; and/or All banks, bogs, meadows, fiats and tidal marsh subject to such tides, and upon which grown or may grow some or any of the following; salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marsh mallow, and low marsh cordgrass; and all land immediately adjacent to a tidal wetland as defined in Section 97-13 A (2) and lying within seventy-five feet landward of the most landward edge of such a tidal wetland. The standards that the Trustees may adopt a resolution directing the issuance of a permit can be applied only if any type of operation in this area will not substantially: Adversely affect the wetlands, cause any damage from erosion, turbidity or siltation, cause saltwater intrusion into the fresh water resources regardless of it's current condition, Adversely affect fish, shellfish or beneficial organisams. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Town. Change the course of any channel or the natural movement or flow of any waters. Weaken or undermine the lateral support of other lands in the cicinity. Otherwise adversely affect the health, safety and general welfare of the people of the Town. Now, I woun't go into how the property is protected by the provisions of $.E.Q.R.A., but just outline for your information, the provisions of the Code of the To~ of Southold. I think that you should take that into consideration regarding this piece of property. What do you have to say? This could go on for a long time? It would be a long meeting? Dr. Samuels: Yes, I woun't go on for a long time. I just want to comment. I am aware of the definition of the Wetland Ordinance. I have worked with them since 1973, Tidal Wetlands went into effect. Let me just say this, as far as the regulations are concerned you can make any determination you like as far as the plans are concerned if they are in existance, obviously they are there. However, under SoE.Q.R.A., and S.E.Q.R.A. is the key, there are things that make it either a negative or positive deck. Trustee Larsen: I am well aware of that. Dr. Samuels: I would say, to my knowledge of the site, and I only looked at it very briefly, that the keys were not there for a positive declaration. That is why I said that Mr. Bredemeyer was right in his vote. That is where he was coming from. People who are in opposition should not criticize him for that because he was within the statues as written. That is the only reason I brought it up. As far as the definitions, your right, I'm well aware of that. If you find groundsel up on the road it would be the other way. It would be a Wetland. In actual practical fact, you can find patens for example at ±4, you can find it at ±5. There has to be a reasonable determination. Trustee Larsen: Okay, you leave me no other alternative at this point, okay° Trustee Bredemeyer: Why don't we dispense with any kind of bantering. From the Audience: No, let her finish, let her finish. Trustee Larsen: S.E.Q.R.A. Trustee Bredemeyer: Please make it brief, I would really like to have this an informational meeting. The purpose of this Public Hearing is to obtain Alexander G. Koke - Public Hearing - August 28, 1986 - Page 8. desirable information and not and the public. I would much proceed in that fashion. lead to a debate between members of this Board rather present the factual information and Trustee Larsen: Okay, Well I certainly would not oppose any desirable information from being heard, but in regard to information I consider wrong and undesirable I would like to have the opportanity to comment on. Okay, S.E.Q.R.A. regulations require that a project classification of signiticant environmental impact can only be determined through the completion of a long environmental assessment form. Only the information contained in the long form can be used to determine if a full environmental impact statement should be required. A type i action, a project that could potentially have a significant effect on the environment, may require an Environmental Impact Statement. This is the criterion that is to establish a Type 1 Action. At which time a long environmental assessment form is submitted and it is the determination made by the lead agency is made as to whether an environmental impact statment is reqaired. If the applicants property lies in the flood zone, the need to safeguard the project from the affects of tidal flooding as well as the effects on the waterway from runoff, sewage and leaching, etc. would indicate the need to further the environmental effects under S.E.Q.R.A.. Among the numerous issues that are considered under S.E.Q.R.A. review are an examination of present and future water supplies. regardless of whether the groundwater is limited or questionable in quality, the type and size of development must be taylored to be compatible with those conditions. I'm not going to go into it any further. But, basically that is what ~s addressed. Trustee Bredemeyer: Ellen, could you identify the source and what that text comes from so that it could be distributed to the Trusees. I am not familiar with the writer and what it comes from? Trustee La,sen: It comes from the Non Point Source blanagement Handbook is one area, and another area that I received my information from is the Snffo]k County Planning Commission. They have always held that development in such an area~ this was according to Suffolk County Planning Commission, that development be under that criterion can adversely affect the immediate environment. ~o they recommend an environmental impact study. Also, according to the study by East Hampton Town a combination of low lying properties and shallow water tables in flood prone areas generally limit the effectiveness of septic systems. Dr. Samuels: I have to answer that. Trustee Bredemeyer: Briefely, and then we will have to take comments additional persons. Dr. Samuels: In the process of attempting to get permission for a two lot subdivision on Narrow River I addressed the issue of flooding on Narrow River Road. I had a surveyor P.E., do a survey of Southold Town. 2[~ of Southoid Town is in so called, areas subject to flooding. Trustee Larsen: In the 100 Year Flood Plain. Dr. Samuels: Coastal Hazard Flood Plain. Using your criteria we should have long EAF's on everything that comes before the Trustees, on everything that comes before Tidal Wetlands and maybe that is the way we should go. That would slow things down. In stead of three years to get a permit, it would Alexander G. Koke - Public Hearing - August 28, 1986 - Page 9. we can slow it down to five years. 21% of the Town are subject to the criteria. Very rarely you ask for a long EAF. But it has been done, if that is the thing, let's be consistent about it. Why single out Mr. Koke for Narrow River Road and not pick out someone on Camp Mineola Road. Trustee Krupski: We do cover on a case by case basis. Dr. Samuels: I have heard that to. Let's be consistant, let's be fair. Just because we have 50 people from Orient doesn't make Mr. Kokes rights any less, or my rights any less, okay. Let's use the criteria broadly let's let the public really feel the impact of what you are suggesting. You are not going to have a situation where you have 50 people in opposed to one application. Let's be consistent. I happen to think that Mr. Bredemeyer, and anyone who voted with him, and I don't know what the vote was, was being consistent. If you are going to make a ne departure, great. Thank you for your time. I have the greatest respect for you ail. You are in a very difficult position. I wouldn't serve on the board for any money. Thanks for your time, thanks for listening to. me and the people from the Orient Association. You are all good people. Trustee Bredemeyer: Okay, continuing with the hearing, I would like to hear from people who did not get to speak. Roy L. Haje, En-Consultants, Inc. for the applicant Mr. Koke: Most of the comments that I was going to make were preempted by Tom's comments. So I will be even briefer. The negative declaration which you have proved thusfar, I feel is entirely in order. It is not only consistant with the findings of the D.E.C. but the size and the scope of the project warrents it. In finding a negative declaration your not predicting shall we say what your final vote will be. I would hope that it would be a positive vote. You are not prejudiceing your- selves against what vote you wish to take. Again I have seen it used many times in small projects, as a club against the applicant. You do have the opportunity to gather ail of the information you want to make a thoroughly informed opinion and decide upon the issues without the environmental impact statement. I would urge you to keep the negative declaration and consider the information that you have before you and vote as you will. The survey as was referred to before, was prepared by Mr. Van Tyle and does have contour information on it at one ft. intervals. We have just very recently asked Mr. Van Tyle to verify the accuracy of it, which he did. I believe that you have a letter in your file, which he brought up to you or mailed to you. The issue of wetlands, again, is seemes to be fixed around the groundsel bush, that is probably the worst indicator of tidal wetlands that could have been selected. It will grow on the upper edged of tidal wetlands, it will also grow on the upland fringes of wetlands. It has a very broad tolorance to salinity and is a very poor indicator. I think that it would be much more accurate to fix upon a wetland fringe, such as is shown on the map , showing several of the grasses for example, That is a much more accurate way to determine tidal wetlands. Cesspool, the information that the Health Dept. has given, is that cesspools can work quite effectively in that from a very few feat distant from the discharge point of the cesspoosls it is virtually impossible to detect any bacterial count. Therefore to extrapolate that a cesspool would be the demise of Hallock's Bay, is probably inaccurate. I do feel that, unfortunately the nitrates from farming are causing a much more significant impact. There is no way really to get rid of farming totally, and that would be a disaster if that ever Alexander G. Koke - Public Hearing - August 28, 1986 - Page happened. It is the percentage of fertilization which goes on, perhaps there would have to be some realignment there. The sewage affluent from cesspools, I do not believe if the cesspools are installed properly, and they must be as they are subject to review by the Health Dept. that would not be a significant cause of bay demise. I believe that I have covered ail of the points that 1 wish to. I believe you have thus far acted properly and I would hope that you will finally approve the project as it would appear to be a rather small project in scope. I am frankly quite surprised of the turn out of the people here. There have been other similar projects which have been approved, in the absence of any public outcry. I would similarly urge that you act in good faith upon it, with or without large numbers of oponents present. In the event that it is needed in the record I was a former employee of the D.E.C. as a Wetland Permit Agent for a number of years. I also have a Bachelor's Degree in Biology from Queens College, a Master's Degree in Marine Science from Long Island University and a Master's Degree in Marine and Environmental Studies from the State University of New York. I have been the President of En-Consultants, Inc. for approximately six and one-half years now. We are involved with permit applications preparation, environmental impact statements and review and analysis of land in and around water and upland. Trustee Bredemeyer: Thank you. Is there anyone else who w~shes to speak on this application and has not yet had an opportunity? Cynthia Beer: My name is Cynthia Beer, Orient. I have lived in Orient as a part time resident for twenty-five years, which makes me a relative newcomer. I think that I have a great confusion around some of the language that has been used here. There is alot that I don't understand. I came to Orient because of the Environment. At times it is very hard to understand the negative impact statement about the environment. I would urge the Town Trustees to consider environment in the largest sense of the word under your jurisdiction. I also urge from my point of view the Trustees implies something that preservation of sensitive areas or sensitive sections of the environment. I would like to say that there has been a great deal of discussion and organization around examining Hallock's Bay as a sensitive area. I really don't understand why there is an argument about the relative merits ~L farm run off in relation to cesspools. It doesn't seem to me that's really an issue in this case. If farm run off is better or worse, that is not the situation. Not that that land is going to be used for farming as an alternative to a house being built there. I just like to speak as someone who finds it hard to wade through the welt of jurisdiction of various Town Boards. I urge 7ou to consider every aspect of the very sensitive environment. Trustee Bredemeyer: Thank you. Anyone else wish to speak? Rudolph Bruer on behalf of Mr. Koke: I wonld just like to make a few comments with respect to the code which was referred to earlier. Reference wa~ made to the definition of Tidal Wetlands, Section A, 1 and 2, etc. Section 97-20 B. States, notwithstanding the provisions of Subsection A of this section, the Trustees may, by resolution, waive the requirement of a permit with respect to lands inunediately adjacent to wetlands, as defined in Subsection A(~) or B (2) of the definition of "Wetlands" in 97-~3, if the Trustees Trustee Larsen: Only if they find the standards .......... Alexander G. Koke - ~uDbli¢ Hearing - August 28, 1986 ?age ll, Trustee Bredemeyer: Ellen please. Mr.rudolph Bruer: find and determine that no operations are proposed on such lands, or that the operations proposed thereon comply with the standards set forth in 97-28 of this chapter, which you read. I would like to point out the last two words in the first paragraph of that section, it says, the Trustees, may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations willnot substantially: Then it goes down the list. I think the board can find that it does not substantially effect the environment per this section. Trustee Bredemeyer: Thank you. Is there any one else who wishes to speak on this application. Yes, Mr. Latson. Steve Latson: First of ali I would like to correct Mr. Samuels assumption claming in Cutchogue. Recently, all the way through Corey Creek coliform counts have failed. The only other thing that I would like to say, that this is not a personality thing, what so ever, as it has been suggested. We really understand what a Wetland and a Flood Plain is. Trustee Bredemeyer: Yes, we are aware. That point should be noted. There are significant water quality problems in these creeks. We have a report on this. It will be coming up under communications a little later. It is a very thick volume. I would like to rap this up. If there is anyone else who wishes to speak, if we could make it brief. We have about three hours more of meeting to conduct here tonight. There being no further comments on this application for a public hearing, I will close this hearing. Hearing Closed at: 8:55 P.M. RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.F.~LK DATE IDi~./~ .HQUR~ ~ .~., T~w~ (glerk, Town of ~uthold