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HomeMy WebLinkAboutTR-09/25/1986BOARD OF TOWN TRUSTEES TOWN OF SOUI'HOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 SEPTEMBER 25, 1986 TELEPHONE ~§~)765-1892 7:00 P.M. - REGULAR MEETING The Regular Meeting of the Board of Town Trustees was held on SEPTEMBER 25, 1986 at the Town Hall, Main Road, Southold. President Smith opened the meeting at 7:00 P.M. Present were: President Henry P. Smith Trustee Phillip J. Goubeaud Trustee Albert Krupski Trustee Ellen M. Larsen Bay Constable Donald Dzenkowski Secretary Ilene Pfifferling Trustee John Bredemeyer (7:26 P.M.) Trustee Smith advised that the date for the October field inspections will be held on October 23, 1986 to depart from Town Hall at 1:00 P.M. The date for the next regular meeting will be held on October 30, 1986 to commence at 7:00 P.M. Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to APPROVE THE AUGUST 28, 1986 regular Trustee minutes. VOTE OF BOARD: Ayes: Trustee Smith, Trustee Goubeaud, Trustee Larsen, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED to APPROVE THE NOVEMBER i986 MOORING RENEWALS. VOTE OF BOARD: Ayes: Trustee Smith, Trustee Goubeaud, Trustee Larsen, Trustee Krupski. THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Smith reported that $1409.75 was submitted to thc Supervisor to be placed in the General Fund. This sum reflects the fees collected by the Trustee Office for application fees and inspection fees. Trustee Smith advised that he attended the Critical Environmental Area Meeting along with Trustee Bredemeyer. Trustee Smith advised that another meeting was scheduled to meet with the landowners regarding this matter. Board of Trustees - September 25, 1986 Page 2. PUBLIC NOTICES: Trustee Smith dispensed with the reading of the public notice but advised that it is listed on the agenda and posted on the bulletin board if anyone wishes to review it. COMM/3NICATIONS: Trustee Smith advised that the communications will be held for later on during the meeting. The Board commenced with the resolutions. V. RESOLUTIONS: 1. PETER BOEHM - MOORING - MATTITUCK CREEK-APPROVAL Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED to APPROVE the mooring application for Peter Boehm for a mooring in Mattituck Creek, access is from public property, with the provision that the Boat will not swing into any other boat or impede navigation. 1. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Goubeand, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. 2. GEORGE J. BERRY - MOORING - GOOSE CREEK - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to APPROVE the mooring application for George J. Berry for a mooring in Goose Creek, access is from public property. 2. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. 3. DONALD ALFANO - MOORING - COREY CREEK - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to APPROVE the mooring application for Donald Alfano for a mooring in Corey Creek, access is from private property. 3. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski. THIS RESOLUTION WAS DECLARED DULY ADOPTED. 4. JAMES & NANCY LONG - MOORING - EAST CREEK - APPROVAL Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED to APPROVE the mooring application for James & Nancy Long to place a mooring in East Creek, access is from private property. 4. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski. THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, Page 3. 1986 ANNE C. MASON - WAIVER - APPROVAL Moved by Trustee Krupski seconded by trustee Larsen 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 of the documentation submitted concerning this request, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests a WAIVER of the Wetland Ordinance to construct a 33' x 16' deck on property located at Lupton's Point, Mattituck. IN VIEW OF THE FOREGOING AND IN CONSIDERATION OF THIS REQUEST THE BOARD FINDS AND DETERMINES: 1. 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 of the Town. NOW THEREFORE BE IT RESOLVED that Ann Mason be and hereby is granted a WAIVER of the Wetland Ordinance for the construction of a deck on property located on Lupton's Point, Mattituck. The following measures should be taken during construction: 1. Care should be taken so as to preclude the entry of any construction material into adjacent waters/wetlands. 2. Immediately following construction, ail areas of exposed soil shall be suitably protected with erosion control devices and/or vegetated to prevent entry of eroded soil into nearby waters. 5o VOTE OF BOARD: Aves: Trustee Smith, Trustee Larsen, Trustee Goubeaud. THIS RESOLUTION WAS DECLARED DULY AJ)OPTED. Trustee Krupski, 6. DAVID MERZ - LEAD AGENCY DECLARATION Moved by Trustee Larsen seconded by Trustee Krupski RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in th~ matter of the application of David Merz for a Wetland Permit on certain property located on Robinson Road in Greenport. 6. VOTE OF BOARD: Ayes: Trustee Smith, Trustee Krupski, Trustee Larsen, Trustee Goubeaud. THIS RESOLUTION WAS DECLARED DULY ADOPTED. 7. CAROL & ALBERT ROKE - TABLED Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to TABLE the application of Carol & Albert Roke until their violation is satisfied. The applicant is requested to revegetate the area. 7. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Larsen, Trustee Goubeand. THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of T~ustees - September 25, 1986 Page 4. Trustee Smith advised that resolutions no. 8 and 9 will be held until the full Board is present. For the record Trustee Goubeaud has left the room, 7:15 P.M. 10. DANIEL S. NATCHEZ AND ASSOCIATES, INC. FOR BREWER YACHT YARD - LEAD 10. Moved by Trustee Smith 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 submitted by Daniel 8. Natchez and Associates, Inc. on behalf of Brewer Yacht Yard for a Wetland Permit on certain property located on Manhanset Ave. & Beach Road, Greenport. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski. Trustee Larsen THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Goubeaud returned to the m~eting room. 11. ROBERT G. EGAN - WAIVER Moved by Trustee Krupski seconded by Trustee Larsen WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning this request, and WHEREAS, the Boad made the following findings of fact 1. By this request appellant requests permission to reconstruct an existing residence with a deck. The house will be i,152 sq. ft. and the deck to be 270 sq. ft. 2. The property is located on Knoll Circle, East Marion. 3. The project will not affect the health, safety and general welfare of the people of the town. NOW THEREFORE BE IT RESOLVED that Garrett A. Strang on behalf of Robert G. Egan BE AND HEREBY I~ GRANTED A WAIVER of the Wetland__QLdiBDDce as requested with the following. provisions: 1. Care is to be taken so as to preclude the entry of any construction material into the wetland area. 2. Immediately foliowin~ construction, all areas of exposed soil shall be suitably protected with suitable erosion control devices and/or _y~etated? il. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Krupski Trustee Goubeaud. This resolution was declared duly adopted. Board of Trustees - September 25, 1986 Page 5. 12. NANCY ELFLEIN - EXTENSION ON PERMIT NO. 234 Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to APPROVE the request for an extension on permit no. 234 as requested by the Land Use Company on behalf of Nancy Elflein for a period of six months. Said permit will expire on March 25, 1987. 12. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Krupski, 13. Trustee Goubeaud. GEORGE LAMBORN ENVIRONMENTAL ASSESSMENT This resolution was declared non-significant but being the vote was: Trustee Larsen and Trustee Krupski Nay and Trustee Smith and Trustee Goubeaud Ayes: This resolution was lost. The Board will take up the matter later on in the meeting as Trustee Bredemeyer will be arriving shortly. 14. RICHARD A. LUHRS - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT Moved by Trustee Goubeaud seconded by Trustee Larsen the following Non-Significant Environmental Assessment was declared: S.E.q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. _4~ NAPE: Richard A. Luhrs 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: DESCRIPTION OF ACTION: Construct and install a catwalk ramp (10xS')and floating dock (4'x28'). (3'X50') LOCATION OF PROJECT: 360 N. Riley Ave., Mattituck N.Y. REASONS SUPPORTING THIS DETER>[INATION: 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. 14. VOTE OF BOARD: AYES: Trustee Smith, Trustee Goubeaud, Trustee Larsen, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 6. 15. MAGDALEN LEVAS - NON-SIGNIFICANT ENVIRONMENTAL ASSESSP[ENT Moved by Trustee Krupski seconded by Trustee Larsen ~he following non-significant environmental assessment was declared: DATE: Sept. 26, 1986 ~tE.q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION N6. 432 NAME: MAGDALEN LEVAS 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 Southoid 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 DESCRIPTION OF ACTION: To construct wood stairs from the top of a bluff Io the beach. LOCATION OF PROJECT: The Long Way, East }~rion, New York. REASONS SUPPORTING THIS DETER}IINATION: 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.So D.E.C. is is assumed that there are no objections nor comments from those agencies. 3. The Southold Town Conservation Advisory Council has recommended approval of the project as proposed. 15. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud, Trustee Larsen. T~IS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 7. 16. IRENE & DANIEL MCKASTY - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT Moved by Trustee Larsen seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONbfENT APPLICATION NO.: 436 NAME: Irene & Daniel McKasty 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 on the environment. Please take ferther 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 one story garage and a 20' x 40' in ground pool. LOCATION OF PROJECT: 132-20 Main Road, 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. Becaose 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. i6. VOTE OF BOARD: AYES: Trustee Smith~ Trustee Krupski, Trustee Larsen, Trustee Goubeaud. THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 8. 17. ROBERT N. DURSO - ENVIRONMENTAL ASSESSMENT - TABLED 17. Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED to TABLE the Environmental Assessment on the Wetland Application for Robert N. Durso until the property is properly staked. The Trustees request that the applicant meet them at the site for inspection of the premises. VOTE OF BOARD: AYES: Trustee Smith. Trustee Goubeaud, Trustee Larsen, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. 18. STANLEY CHASE - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (437) Moved by Trustee Goubeaud seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRON~[ENT APPLICATION NO: 437 NAME: STANLEY CHASE 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 on 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 4' x 130' fixed dock a minimum of 4' over existing marsh leading to a 3' x 16' ramp leading to a 6' x 20' float dock which shall be secured by two 8" spiles. LOCATION OF PROJECT: Home Pike Road, Mattituck, New York. 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 implementsd as planned. 2. 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. 18. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud, Trustee Larsen. THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 9. 19. STANLEY CHASE - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (438) Moved by Trustee Krupski seconded by Trustee Larsen the following non-significant environmental assessment was declared: .S.E.q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 438 NA~: Stanley Chase 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 DESCRIPTION OF ACTION: construct a 4'x140' fixed dock, leading to a 3x16 ramp leading to a 6x20 float dock which shall be secured by two 8" spiles. Said dock shall be constructed a mimimum of 4' over existing marsh. LOCATION OF PRO3ECT: Home. Pike Road, 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 Southold Town Building Dept. and the N.Y.S. DoE.C. is is assumed that there are no objections nor comments from those agencies. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. IT IS NOTED FOR THE RECORD TI{AT TRUSTEE LARSEN LEFT THE ROOM. Board of Trustees - September 25, 1986 Page 10. 20. STANLEY CHASE - NON-SIGNIFICANT ENVIRONbIENTAL ASSESSMENT (439) Moved by Trustee Smith seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO: 439 NAME: STANLEY CHASE 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.i0 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trusteas, as lead agency for the action described below has determined that the project will not have a significant effect on 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 4' x 45' fixed dock leading to a 3' x 16' ramp leading to a 6' x 20' float dock. Said fixed dock shall be a minimum of 4' over existing marsh which shall be secured by two 8" spiies. LOCATION OF PROJECT:South Drive, Mattituck. REASONS SUPPORTING THIS DETERMINATION: 20. 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud, THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 11. 21. J. LANE CURRY - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (440) Moved by Trustee Goubeaud seconded by Trustee Krupski the following non-significant environmental declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO.: 440 NAP[E: J. LANE CURRY 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 on 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 armor 210' of existing bulkhead with 1-2 ton rock at 2-3 tons per foot LOCATION OF PROJECT: Paradise.Point, Southold, New York REASONS SUPPORTING THIS DETERblINATION: 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 21. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 12. 22. GRACE Ao FINORA - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (443) Moved by Trustee Krupski seconded by Trustee Goubeaud the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO.: 443 NAME: GRACE A. FINORA 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 on 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 a single family dwelling and associated septic system. LOCATION OF PROJECT: North East corner of East Legion Avenue.and Bay Avenue b~ttituck. REASONS SUPPORTING THIS DETER}IINATION: 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 22. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 13. 23. HELEN REITER (ORIGINAL BARGE) NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (444) Moved by Trustee Smith seconded by Trustee Goubeaud the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO.: 444 NAME: HELEN REITER (THE ORIGINAL BARGE) 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 on 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 within 30" of existing storm damaged structure approximately 27' of timber retaining wall. East side shall have an 8' return and west side shall have a 12' return. Backfill with 5 cu. yds. of clean sand. LOCATION OF PROJECT: MAIN ROAD, SOUTHOLD 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 23. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Larsen returned to the meeting room at 7:25 P.M. Board of Trustees - September 25, 1986 Page 14. 24. GRACE BOURGIN - NON-SIGNIFICANT ENVIRONMENTAL ASSESSMENT (442) Moved by Trustee Larsen seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO.: 442 NACRE: GRACE K. BOURGIN 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.i0 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 on 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 100 lin. ft. of bulkhead and to fill with 125 cu. yds. of fill to be trucked in. LOCATION OF PROJECT: 515 Watersed~e Way, Southold 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 24. VOTE OF BOARD: AYES: Trustee Smith, Trustee Larsen, Trustee Krupski, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Larsen left the meeting room. Board of Trustees - September 25, 1986 Page 15. 25. J. LANE CURRY - NON-SIGNIFICA~NT ENVIRONbIENTAL ASSESSMENT (441) Moved by Trustee Goubeaud seconded by Trustee Krupski the following non-significant declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO.: 441 N.~IE: J. LA,NE CURRY 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 on 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 repair within 18" - 130 lin. ft. of deteriorated and broken timber bulkhead with (2) 27' returns and to backfill with 110 cu. yds. of upland sand. LOCATION OF PROJECT: Paradise Point, 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 25. VOTE OF BOARD: Ayes: Trustee Smith, Trustee Krupski, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Larsen returned to the meeting room. Board of Trustees - September 25, 1986 Page 16. 26. FRANK FRANKOLA - SIGNIFICANT ENVIRONmeNTAL ASSESSMENT (431) 26. Moved by Trustee Krupski seconded by Trustee Larsen the following Significant Environmental Assessment was declared: WHEREAS, the Land use Company on behalf of Frank Frankola has heretofore applied to the Southold Town Trustees, pursuant to Chapter 44 of the Code of the Town of Southold for permission to construct approximately 300 lin. ft. of timber bulkhead which will include a 20' x 30' boat basin and a 30' return. Applicant also proposes to dredge said boat basin to 3' at MLW with this approx. 20 cu. yds. of spoil to be removed from below b~W and approximately 93 cu. yds. from above MHW. Said spoil shall then be used as backfill for bulkheading. Property is located on Glenn Road, Southold. NOW, THEREFORE IT IS RESOLVED AS FOLLOWS: 1. That 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 ! Action and is likely to have a Significant Effect on the environment. 2. That the secretary to the Trustees shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the secretary to the Trustees shall immediately notify the applicant, the Land Use Company on behalf of Frank Frankola and further ~equest said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. VOTE OF BOARD: AYES: Trustee Smith, Trustee Goubeaud, Trustee Larsen, Trustee Krupski THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 17. 27. MARK BAXTER - NON-SIGNIFICANT ENVIRONMENTAL ASSESSmeNT - (405) Moved by Trustee Smith seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 405 NAME: bL~RK BAXTER 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 on 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 mow vegetation on property. LOCATION OF PROJECT: 3135 Main Bayview Road, Southold CONDITIONS: A 50' buffer is to be maintained from the H.W.M. landward. REASONS SUPPORTING THIS DETERMINATION: 27. 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 New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. VOTE OF BOARD: AYES: Trustee Smith, Trustee Krupski, Trustee Larsen Trustee Goubeaud: THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Bredemeyer arrived at 7:26 P.M. Board of Trustees - September 25, 1986 Page 18. 28. 28. 29. 29. PETER & BARBARA HERZ - LEAD AGENCY DECLARATION (446) Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Q~ality Review Act in the matter of the application of Peter & Barbara Herz submitted by Patricia C. Moore for a Wetland Permit on certain property located at 170 Cedar Point Drive, SouthQld. VOTE OF BOARD: AYES: Ail THIS RESOLUTION WAS DECLARED DULY ADOPTED. JOHN C. WILLIAMS - WAIVER Moved by Trustee Smith seconded by Trustee Larsen 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 ali of the documentation submitted concerning this request and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to excavate and build a concrete block perimeter foundation for existing dwelling located at 1820 Truman's Path, East Marion and to construct new dormers with windows. 2. Property is bulkheaded and all work is to be done behind same. NOW, THEREFORE BE IT RESOLVED that the Southold Town Trustees APPROVE the WAIVER of the Wetland Ordinance for John C. Williams as requested with the following provisions: 1. Care is to be taken so as to preclude the entry of any construction material into the wetland/water area. VOTE OF BOARD: AYES: Ail THIS RESOLUTION WAS DECLARED DULY ADOPTED. 30. 30. 31. 32. 32. Moved by Trustee Bredemeyer seconded by Trustee Goubeaus it was RESOLVED that the Trustees request to the Town Board a telephone line for the Trustee Office. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. This resolution will be held for later on in the meeting. Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees set OCTOBER 30, 1986 as the date for the public hearings on the wetland applications to commence at 7:30 P.M. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 19. 33. 33. 34. 34. 35. CECILIA Z. LOUCKA - LEAD AGENCY DECLARATION (451) Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead ~genqy in regard to the State Environmental Quality Review Act in the matter of the application of Cecilia Z. Loucka submitted by Patricia C. Moore for a wetland permit on certain property located on Rambler Road, Southold. VOTE OF BOARD: AYES: Ail THIS RESOLUTION WAS DECLARED DULY ADOPTED. LOUISE TASHJIAN - LEAD AGENCY DECLARATION (449) Moved by Trustee Larsen 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 Louise Tashjian for a Wetland Permit on certain propertry located at 4955 Stillwater Avenue, Cutchogue. VOTE OF BOARD: ~YES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. ORIENT BY THE SEA - WAIVER Moved by Trustee Smith seconded by Trustee Krupski 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 of the documentation submitted concerning this request and WHEREAS, the Board made the following findings of fact. 1. By this request appellant requests permission to construct approximately 15' x 20' and to be constructed over the existing eating deck area, to a point even with the south end of the eating proch area. To drive new spiles into the deck'area for support of same. 2. Property is located off of the Main Road, Orient. NOW THEREFORE BE IT RESOLVED that the Southold Town Trustees APPROVE 35. 36. THE WAIVER of the Wetland Ordinance as requested by Robert J. Douglass on behalf of Orient By the Sea Bar Room with the following provisions: 1. Care should be taken so as to preclude the entry of any construction material into the wetland/water area. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. JAMES N. BAILEY - PERMIT EXTENSION Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED to APPROVE A SIX MONTH EXTENSION AS REQUESTED BY JAMES No BAILEY. 36. Said permit will expire on March 25, 1987. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 20. 37. 37. 38. 38. D~NIEL JOHN MAGGIO WHEREAS the Trustees have personally viewed and are familiar with the property located on Wells Road,Southold and WHEREAS, the Board has determined that the Trustees have no jurisdiction in regard to this matter in accordance with the map surveyed by Roderick Van Tuyl, P.C. revised on September 9, 1986, for the construction of a single family residence. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. CLIFFORD COP, NELL - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Goubeaud 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 Clifford Cornell for a Wetland Permit on certain ~operty located on Cox Neck Road, Mattituck. A long environmental assessment form is requested as well as having the property properly staked for inspection by the Board. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. 39. SILVER SANDS MOTEL - WAIVER Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees APPROVE the request made by Merlon E. Wig~in on behalf of Silver Sands Motel for a WAIVER of the Wetland Ordinance for the installation of sewage oumping station as submitted on the application and olan of proposed sewer connection dated July 24, 1986 preoared bv Roderick Van Tuvl. P.C. 39. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. 40. 40. 41. 41. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to recommend to the Town Board that they recommend to the Southold Town Highway Dept. to include funds in the 1987 Budget for catch basins to correct road run off. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. JOSEPH BARBATO (369) Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees RESCIND the Significant Environmental Declaration declared by resolution adopted on June 26, 1986 on wetland application no. 369 on behalf of Joseph A. Barbato. VOTE OF BOARD: AYES: All THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 21. 42. 42. 43. 43. 44. 44. JOSEPH BARBATO (369) Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees APPROVE the request made by Joseph Barbato to amend his wetland application no. 369 to the following proposal: To install two separate low profile ~etties at the approximate existing lensth of 30' at mean high water height. Property is located on West Lake Drive, Southold. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. STEPHEN EICH - LEAD AGENCY DECLARATION (452) Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees Declare itself lead asency in regard to the State Environmental Quality Review Act in the matter of the application of Stephen Eich for a Wetland Permit on certain property located at Ruch Lane, Southold. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Moved by Trustee Krupski seconded by Trustee Larsen it was RESOLVED to APPROVE A WAIVER as requested by Raymond Jacobs, Supt. of Highways to restore the area under the bridge on Bay Avenue, East Marion, back to the original state. Ail work is to be done by the Highway Dent. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. 8. TED DOWD - APPROVAL (319) Moved by Trostee Goubeaud seconded by Trustee Bredemeyer WHEREAS, Ted Dowd applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 19, i985 , 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 Town, NOW, THEREFORE, BE IT RESOLVED that Ted Dowd BE AND HEREBY IS GRANTED PER>~ISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOI~N OF SOUTHOLD TO: construct a single family residence on pilings 30' from Orient Harbor, East b~rion. This permit will expire on August 28, 1987 if work has not commenced by said date. There are two Board of Trustees - September 25, 1986 Page 22. 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 shall file with the Clerk a certificate that he 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. The following provisions should be taken during construction: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be p~operly protected with suitable erosion control devices/and or vegetated to prevent entry of eroded soil into nearby waters. 8. VOTE OF BOARD: AYES: Trustees Smith, Bredemeyer, Goubeaud, Krupski NAY: Trustee Larsen THIS RESOLUTION WAS DECLARED DULY ADOPTED. 9. ALE¥~ANDER KOKE Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Town Trustees TABLE the application of ALEXANDER KOKE and request a survey with one foot contours inside of the building envelope and to take a look at the site. 9. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 23. 13. GEORGE LAMBORN - NON-SIGNIFICANT ENVIRONbIENTAL ASSESSMENT (385) Moved by Trustee Smith seconded by Trustee Smith seconded by frustee Bredemeyer the following non-significant environmental assessment was declared: SoE.q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 385 NAME: GEORGE D. F. LAMBORN 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: ~o pum~ water from a spring fed pond to a higher level man made pond. LOCATION OF PROJECT: Ocean View Avenue, Fishers Island 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. 3. Letters have been submitted from the Southold Town Board and the Fishers Island Ferry District indicating that they have no objection to the project. 4. Pumping will be monitored, and the applicant has indicated he would put in markers for same. 13. VOTE OF BOARD:'AYES: Trustee Smith, Trustee Bredeme~er, Trustee Goubeaud Nay: Trustee Larsen, Trustee Goubeaud THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of trustees - September 25, 1986 Page 24. GRANDFATHER APPLICATIONS: MOVED BY Trustee Smith seconded by Trustee Krupski the following permits were approved under the Grandfather Clause: 1. JOHN COSTELLO - Bulkhead on Fordham Canal, Greenport. 2. JOSEPH F. HACK - Bulkhead on Dawn Lagoon, Greenport. 3. PAUL ISRAEL - Dock on Gull Pond, Greenport. 4. PAUL KALUNAS - Dock on Gull Pond, Greenport. 5. VIOLET GERMANSKY - Dock and bulkhead with return on Fordham Canal.; VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Moved by Trustee Smith seconded by trustee Krupski it was RESOLVED that a recess be called at this time, 7:55 P.M., for the purpose of holding the following public hearings: 7:30-IN THE MATTER OF THE APPLICATION OF WILLIAM R. AND DOROTHY M. GALATI FOR A WETLAND PERMIT. 7:32-IN THE MATTER OF THE APPLICATION OF KENNETH SCHULER FOR A WETLAND PERMIT. 7:34-IN THE b~TTER OF EN-CONSULTANTS, iNC. ON BEHALf' OF FRANK CURRAN FOR A WETLAND PERMIT. 7:36-IN THE MATTER OF THE APPLICATION OF FREDERIC J. BRUCE FOR WUNNEWETA POND ASSOCIATION FOR A WETLAND PERAIIT. 7:38-1N THE MATTER OF THE APPLICATION OF THE LAND USE COP~ANY ON BEHALF OF BALA PILLAi FOR A WETLAND PERMIT. 7:40-IN THE MATTER OF THE APPLICATION OF THE LAND USE COMPANY ON BEHALF OF BAYVIEW DEVELOPMENT. 7:42-IN THE MATTER OF THE APPLICATION OF ZAN AND EFFIE DIAKOS FOR A WETLAND PERMIT. PRIOR TO THE NEXT PUBLIC HEARING, PRESIDENT HENRY P. SMITH LEFT THE ROOM. BEFORE LEAVING, HE TURNED THE b~ETING OVER TO ViCE PRESIDENT JOHN BREDEb~YER. 7:44-IN THE b~TTER OF THE APPLICATION OF LEWIS L. EDSON FOR A WETLAND PERMIT. Regular meeting reconvened at 8:30 P.M. Board of Trustees - September 25, 1986 Page 25. Trustee Bredemeyer advised that the next order of business would be the Communications: III. COMMUNICATIONS: 1. From the Fishers Island Ferry District regarding the George Lamborn matter. From En-Consultants, Inc. regarding Harold Wilsbergs application. Mr. Haje appeared before the board to discuss this application. The Trustees explained that the applicant was issued a violation for applying a herbicide spray along the wetland fringe, in addition to clearing his upland area to construct a house without a wetland permit. The Trustees have visited this site several times and are willing to work with Mr. Wilsberg regarding this project but that they feel this is a significant project having a significant effect on the environment and that the project should be mitigated. 3. From En-Consultants, Inc. a letter from the Midway Inlet Residents Association. Trustee Smith returned to the meeting room and resumed presiding over the meeting. 4. From Matt-A-Mar Marina regardzng proposed docks. 'fne £rustees £e±t that a Trustee permit would be required for this work. The secretary was directed to forward an application to Dr. Ali Agarabi, President of Matt-A-Mar Marina for completion of same. Browers Woods Assoc. is to be notified of this application. 5. Lakeview Terrace Road Association regarding the Ted Dowd application. From John R0 Guldi, P.E. & L.S. Principal Engineer, Division of Waterways regarding Southold Town Dredging Project. 7. From the Land Use Company regarding b~ttituck Inlet Dryland Marina. 8. From the Lakeview Terrace Road Association regarding Bay Avenue, East Marion. 9. From Presiding Officer, Gregory J. Blass, Suffolk County Legislature regarding Waterfront Preservation Proposal. Trustee Larsen will work with one of the other Trustees on this matter and report to the Board at the next meetin~ i0. P~rk Baxter regarding his property on Main Bayview Road, Southoid. 11. En-Consultants, Inc. regarding the Sal Caiola application. Mr. Roy Haje discussed this matter with the Trustees. A joint meeting is to be set up with the D.E.C. and the Trustees during inspections on Oct. 23, 1986. 12. Jacqueline P. Farrell, Chief Deputy Clerk, Suffolk County Legislature regarding review of State Environmental Quality Review Act determinations for parcels located within Open Space Programs. 13. John Wickham regarding property in New Suffolk. The Board will make an inspection of this property during inspections on Oct. 23, 1986. Board of Trustees - September 25, 1986 Page 26. 14. 15. 16. From Summit Robins & Feldesman regarding property located on Corey Creek, Southold. Daniel S. Natchez and Associates, Inc. regarding Brewer's Yacht yard at Greenport, requesting a Waiver of the Ordinance. The Board declared lead on this application. John H. Thatcher, Jr., President, Fisher's Island Conservancy, Inc. regarding the George Lamborn application. The Board went back to Resolution number 31, to approve the wetland applications. as follows: (A) WILLIAM R. & DOROTHY M. GALATI- APPROVAL-418 Moved by Trustee Krupski seconded by Trustee Bredemeyer WHEREAS, The Land Use Company on behalf of William R. & Dorothy M. Galati applied to the Southoid Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 30, 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 September 25, 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 Town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of William R. & Dorothy Galati BE A_ND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct approximately 90 lin. ft. of timber bulkhead above the spring high tide line with a 20' ft. return running landward from the eastern end. Said structure shall then be backfilled with approximately 40 cu. yds. of clean sand to be trucked in from an upland source. Property is located at Watersedge Way, Southold. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he has public liability insurance policies imsuring 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. (A).Vote of Board: Ayes: All THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 27. (B) . (B) KENNETH SCHULER - WETLAND APPLICATION NO. 421 - APPROVAL Moved by Trustee Larsen seconded by Trustee Krupski WHEREAS, Kenneth Schuler applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 10, 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 September 25, 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 Town, NOW, THEREFORE, BE IT RESOLVED that Kenneth Schuler BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIOP OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD based on Mr. Schuler's mutual agreement to go along with the revisions instituted by the Board of Trustees to construct a catwalk and deck with float to be secured with two spiles on property located at 3145 Main Bayview Road, Southold with the following revisions: Stairs are to be constructed on the north side of the property. The Catwalk is to be elevated 3'6" above the grasses to be constructed on the north side of the property parallel to same and 5' from the drainage easement 8' off the property lone. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he 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 appiication pending for the same or similar project. Vote of Board: Ayes: All THIS. RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 28. (C) EN-CONSULTANTS, INC. ON BEHALF OF FRANK CURRAN - No. 422 - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, En-Consultants, Inc. on behalf of frank Curran applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 10, 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 September 25, 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 Town, NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of Frank Curran BE AND HEREBY IS GR GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a fixed elevated (3.5' above grade) timber dock consisting of a 4' x 30' main section and a 4' x 20' outer "L" section toward the south. Property is located on Strohson Road, Cutchogue. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he 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 aa 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 (C) THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - S~ptember 25, 1986 Page 29. (D) FREDERIC J. BRUCE FOR WUNNEWETA POND ASSOCIATES - No. 424 - APFROVA~ Moved by Trustee Goubeaud seconded by Trustee Bredemeyer WHEREAS, Frederick J. Bruce on behalf of Wunneweta Pond Association applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 10, 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 September 25, 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members hava 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 Town, NOW, THEREFORE, BE IT RESOLVED that Frederick J. Bruce on behalf of Wunneweta Pond Association BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: maintenance dredge the entrance to Wunnewmta Pond, from Cutchogue Harbor to a depth of 6' MLW with 200 cu. yds. of spoil to be used on the north side as beach nourishment. This permit will expire on September 25, 1987 if work has not commenced by said date. 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 shall file with the Clerk a certificate that he 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 .~DOPTED. at There are Board of Trustees - September 25, 1986 Page 30. (E) BALA PILLAI - APPROVAL (425) Moved by Trustee Krupski seconded by Trustee Bredemeyer WHEREAS, The Land Use Company on behalf of Pala Pillai applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 2, 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 September 25, 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 ali 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 Bala Pillai BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: reconstruct within 18" approximately i00' of storm damaged timber bulkhead and to construct an 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. Property is located on Peconic Bay Blvd., Mattituck. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he 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. (E) VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 31. (F) BAYVIEW DEVELOPMENT - APPROVAL (428) Moved by Trustee Larsen seconded by Trustee Krupski WHEREAS, The Land Use Company on behalf of Bayview Development applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 17, 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 September 25, 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 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 Town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Bayview Development BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: reconstruct in place approximately 1575 lin. ft. of storm damaged timber bulkhead. Said structure will be backfilied with approximately 300 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Sage Road, Greenport. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he 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 To~a 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: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. Board of Trustees - September 25, 1986 Page 32. (G) ZAN AND EFFIE DIAKOS - APPROVAL - (427) Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Zan and Effie Diakos applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 16, 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 September 25, 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 ali 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 Zan and Effie Diakos BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: replace in approximately the same location a set of stairs with landings and deck and a shed on property located on Aquaview Avenue, East Marion, New York. This permit wiii expire on September 25, 1987 if work has not commenced by said date. This approval is subject to the reconstruction of the removable ramp being relocated so as to be wholly on the applicants property. (C) VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. TRUSTEE HENRY P. SMITH LEFT THE ROOM. PRIOR TO LEAVING HE TURNED THE MEETING OVER TO TRUSTEE JOHN BREDEMEYER. (H) LEWIS L. EDSON - APPROVAL - (423) Moved by Trustee Goubeaud seconded by Trustee Larsen WHEREAS, Lewis L. Edson applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 7, 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 Board of Trustees - September 25, 1986 Page 33. to said application on September 25, 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 Town, if the following conditions are met NOW THEREFORE, BE IT RESOLVED that LEWIS L. EDSON BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: build a one family house on property located at 2570 Clearview Avenue, Southold with the stipulation that the foundation is moved back 40' and that ali corrective measures are to be taken for drainage and run off on the property, based on the submission of a new site plan showing elevations at one foot contours around the property. Remove soil inside the foundation and regrade to original configuration . Ail standard measures are to be taken during construction to include: 1. Roof urn off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices/and. or vegetated to prevent entry of eroded soil into nearby waters. This permit will expire on September 25, 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 shall file with the Clerk a certificate that he 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: Trustee Krupski, Trustee Larsen, Trustee Bredemeyer, Goubeaud This resolution was declared duly adopted. Mr. Roy Haje, President of En-Consultants, Inc. appeared before the Trustees on behalf of Mr. Nell Simon for a wetland permit to construct a catwalk, ramp and float on property located on Harbor Lights Drive, Southold. Mr. Haje advised the Board that he wishes to amend his application by moving the structure South and to move it back landward so that the work is entirely within the property line of Mr. Simon. Mr. Haje advised that this proposal will be submitted as soon as possible for the Board to review. Board of Trustees - September 25,1986 Page 34. Judge Raymond Edwards appeared before the Trustees and advised that the Fishers Island Civic Association will meet on October 11, 1986 at the school at 4:00 P.M. he urged tile Trustees to attend. There being no further business to come properly before the Board a motion was made by Trustee Bredemeyer seconded by Trustee Goubeaud that this Trustee meetinm be and hereby is adjourned at 10:00 P.M. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Ilene Pfifferling Secretary to Board of Trustees PUBLIC HEARING IN THE MATTER OF KENNETH SCHULER 7:56 P.M. Notice is hereby given that public hearing will be held by the Town Trustees of the Town of Southold, at the Southold Town Hail, Main Road, Southold, New York on Thursday, September 25, 1986 on the following applications for permits under the provisions of the Wetland Ordinance of the Town of Southold: Trustee Smith: In the matter of Kenneth Schuler to construct a catwalk from deck to water and to construct a 4' x 12' float for a boat and to place two spiles to tie up same. Property is located at 3145 Mmin Bay- View Road, Southold. Does anyone here have any comments to make on this application? Will you please come up to the microphone and state your name. Kenneth Schuler: My name is Kenneth Schuler and I would like to.make one little change on the original application that we had. We showed the catwalk on the ground. We would like to elevate the catwalk 3'6" above the wetland grass. We showed it flat on the ground. Trustee Smith: Will the secretary make a note of that? Secretary: Yes I will. Kenneth Schuler: Also in view of the fact that we have to raise it 3' we would like to increase the width of the float from 4' to 6'. Because we have a ramp coming down now. Trustee Bredemeyer: You are.talking about the float in the creek? Kenneth Schuler: Yes. It will be 6' x 12' instead of 4' x.12' because when we elevate the catwalk we have to put a little ramp going down and it would be a little rocky. It is only a small walk. In fact I have six drawings. Trustee Bredemeyer: Mr. Schuler the Trustees in making an environmental assessment on the application which came up at the last meeting, we had done a field inspection and we discussed not only the elevation but also the Trustees felt that the dock assembly would better serve the property and minimize the damage to the wetland if it could be moved to the Nortlf towards the common plot line with Mr. Baxter. That would enable the project to possibly use land that was partially cleared along the R.O.W. for the drainage improvements and that way the existing marsh could be left in tact. And I believe the Trustees on field survey ali felt that this would be a positive way to go with this application. Since you have already taken good steps in protecting your view and the marsh already and adhered to the requirements of the initial building permit we had hoped that this could be done. Mr. Kenneth Schuler: Run the catwalk and walkway parallel with the side property line? Page 2. Kenneth Schuler September 25, 1986 - Public Hearing Trustee Bredemeyer: Essentially yes. Kenneth Schuler: About how far off of the property line? Trustee Bredemeyer: Well, generally we try to have them off set on most plot lines ten to fifteen feet. But this case is some what unusual because of the extremely dense growth of phragmites there and it is very beneficial if we can leave these kinds of existing habitats in tact because they will provide additional filtering fur run off and do provide important part of the marsh system for pulling up nitrates and phosphates. I would say, I don't know how the Board feels? I feel that you could conceivably go within 5' from the drainage easement. You would not go closer because it will be necessary to conduct work there. That would put the dock about 10 ft.off of the plot line. I believe that the drainage easement is .... Kenneth Schuler: You know there is a 5 ft. easement on both sides of the property. Trustee Bredemeyer: Right. Kenneth Schuler: So we could keep the edge of the catwalk approximately lets say 3 ft. off that 5 ft. so therefore it would be 8' off of the property line, approximately. Trustee Bredemeyer: I would think that it would be acceptable, I don~t know how the other Board members feel. Trustee Krupski: We don't want to tell you your business or anything or arrangeing your house, but it seemed to be simplier, instead of running your stairs off of the deck directly towards the creek running them down parallel to the house towards the property line then running the catwalk down along side of the easement to the creek. Kenneth Schuler: Can you draw it on the drawing? Trustee Krupski: Indicating on the sketch with Mr. Schuler. Instead of having the steps coming down straight towards the creek, you could have the steps coming off the deck on this side. Kenneth Schuler: No we have a doorway there, we could make it, no excuse me. Trusgee Krupski: And then running it down at an angle or however, i~that cleared area, just leaving a buffer between the creek and the house. Trustee Smith: Is there any one else who wishes to speak on this application? Trustees ( no comment). Then I will close this public hearing. Hearing closed at 8:00 P.M. PUBLIC HEARING IN THE MATTER OF FRANK CURRAN 8:00 P.M. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD AT THE $OUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, SEPTEMBER 25, 1986 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. In the matter of the application of En-Consultants, Inc. on behalf of Frank Curran to construct a fixed elevated 3.5 above grade, timber dock consisting of a 4' x 30' main section and a 4' x 20' outer "L" section toward the southl. Property is located on Strohson Road, Cutchogue. Trustee Smith: Does anyone have any comments to make on this application? Roy Haje, En-Consultants, Inc.: The project will not extend excessively in the creek, or impede navigation. If you have been to the property you will notice some old stakes. There was a dock there before which the owner advises me was destroyed in the hurricane. This is a replacement of that structure. I urge your approval. Trustee Smith: Does anyone else have any comments for this application? (no comments.) Does anyone else have any comments against this application? (no comments) Trustees have any comments? (no comments) I will then close this public hearing. 8:01 P.M. PUBLIC HEARING IN THE MATTER OF ZAN AND EFFIE DIAKOS 8:05 P.M. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE Town Trustees of the Town of Southold at the Southold To~zn Hail, Main Road, Southold, New York on Thursday, September 25, 1986 on the following application for a wetland permit. In the matter of Zan and Effie Diakos to replace rotted boards and stairs by reconstruction in approximately the same location. Structure is to include deck with landings and shed. Property is located on Aquaview Avenue, East ~rion, New York. Trustee Smith: Does anyone have any comments to make on this application? If so please come up and sign in and use the michrophone. Frank Simon: My name is Frank Simon. I am a member of the Board of Directors of the East Marion Stars Road Beach Association. The East Marion Stars Road Beach Association would like to request a postponement of any deliberation of this issue to allow counsel retained by the Association adequate time to prepare for this case. Unfortunately he could not be here this evening, as he is a representative at the meeting of the New York State Bay Association being held this week in upstate New York. Based upon preliminary review of surveys and the Trustees file and other preliminary research, our legal counsel is of the opinion that the information supplied to the Trustees is not fully accurate and their determination at the previous Trustees meeting would be changed if sufficient' facts would be supplied to you. Our Attorney, between now and the next meeting, is contemplating retaining an appropriate professional to run an environmental impact study to see what effect the stairs, shed and deck have upon the face of the bluff, and therefore we need additional time. We respectfully request that this matter be put over to the next meeting. This will in no way effect Mr. Diakos current usage of the stairs. Trustee Smith: Thank you. Does anyone else have anything to say? Donald Han~arstrom: I own the property to the gast of the Diakos property. I have a survey that indicates that a part of those stairs are on my property. Those stairs were not there before. Trustee Smith: Thank you. Anyone else? Mrs. Effie Diakos: My name is Effie Diakos and I would like to say that in answering Mr. Hammarstrom it was a foot and one half into his property. It is corrected and it is fully on our property now. Trustee Smith: This has been corrected? Zan And Effie Diakos Page 2 - Public Hearing Effie Diakos: Absolutely: I am waiting for Mr. Van Tuyl to come and put the bench. Trustee Smith: Thank you. Donald Hammarstrom: The last time I saw the property was Sunday. She may have corrected it since then, I don.'t have any knowledge of it. Trustee Smith: Is there anyone else who has any comments? Trustee Goubeaud: Mrs. Diakos, when was that corrected? Mrs. Diakos: This past Monday. Trustee Goubeaud: This past Monday? Mrs. Diakos: Yes. Trustee Goubeaud: Okay, thank you. Mrs. Diakos: It is just a foot and one half, really. We just eliminated two steps. Donald Hammarstrom: Even if they eliminated two steps, they will be stepping on my property. Trustee Smith: Are there any other comments? (No Comments) Trustees, any comments? (no comments) Then I will close this public hearing. 8:08 P.M. PUBLIC HEARING IN THE MATTER OF LEWIS L. EDSON FOR THE RECORD: PRESIDENT HENRY Po SMITH left the room prior to this matter. Prior to leaving he turned the meeting over to Vice President John Bredemeyer. 8:08 P.M. - SEPTEMBER 25, 1986 NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, SEPTEMBER 25, 1986 on the following application for'a permit under the provisions of the Wetland Ordinance of the Town of Southold for the construction of a single family residence on property located at 2750 Clearview Avenue, Southold, New York. Trustee Bredemeyer: Okay, in the matter of the application of Lewis L. Edson, is there anyone here who wishes to speak in favor of this application? Mr. Lewis L. Edson: I am the applicant, Maple Lane, Southold. I think we ali know this particular situation pretty well, having been involved with it so much. I just want to reiterate the D.E.C. Permit has been in place since 1978 on the property. According to the D.E.C. maps, to this day, the instruction is 100 ft. away from the wetlands. We thought we complied with all of the permits. The Building Dept. thought that we complied with ail of the permits. It seems to me that we have a simple case of blocking the view. that has created the controversy here. I would like to build the building and not impact the environment. Thank you. Trustee Larsen: Thank you. Trustee Bredemeyer: Is there anyone who wishes to speak additionally in favor of this application? ( no comment.) Anyone who wishes to speak against this application? Trustee Larsen: Okay, if anyone doesn't know what has been changed on this or recommended? Trustee Bredemeyer: Okay, Trustee Larsen has brought up a point. The Trustees voted an environmental assessment at the last regular meeting which indicated a negative assessment conditioned on moving the house back and I don't know if the parties here, to present information for the public hearing is aware of that. Maybe we should review that Conditional Negative Declaration. That was: 1. That the house would be located 40' landward of the 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 Board of Trustees Public Hearing, Lewis L. Edson, Page 2. the reconstruction to protect roof run off and driveway structures having run off to the adjacent property. This was an environmental declaration made pursuant to S.E.Q.R.A. at last month's meeting there. At that time I don't believe that there was any large discussion there. It was a usual formality of the State Environmental Quality Review Act. Just to step aside to give you that information in case there were persons here that were not familiar with that. That is a conditional assessment and any Environmental Assessment is subject to change based on information brought before the Board and this public hearing information by both the applicant and by those people speaking against the application could conceivably affect the determination. Now persons wishing to speak against the application? If you would give your name. ALFRED HILBIG: I live directly on his line, just directly east of that and my view is not blocked. My complaint is that he is going to have run off and I can see it right now. As you know, we have not had much rain. My lawn in the front is always sopped after a rain. There is a tree right on the line that fell down in last years storm and that hole that the rooks have left, is full of water all the time. He is five feet above my property line and it is graded right to the line. There is no way that his water is not going to run onto my property. My development is thirty feet from the iineo That is where my development ends. That is ail natural land in there. This is not natural land anymore, it is ail filled in. Now, I agree with your assessment that he should be moved back 40 ft. I have no objection with that. But that would be on the proper contour of the land, now it isn't. It is filled in backfilled his foundation and all of the water is laying in there. Every time it rains, and we haven't really had a rain yet. God forbid when we do. I'm going to have a swamp in there. Thank you. Trustee Bredemeyer: Thank you, anyone else wishing to speak on this application? TROY BAYDALA: My name is Troy Baydala and I am the other neighbor adjoining this parcel. . Apparently all of this started because a guaranteed survey showing the contours and elevations was lacking. I think before a decision is made here this survey should be required because we know that the foundation is probably in the wetlands. There is marsh grass growing within the foundation walls itself. Now before a decision is made I suggest that this survey be obtained and studied so that we would know what were doing. Trustee Bredemeyer: Thank you, anyone else wishing to speak on this application? Anyone else wishing to speak in any compacity of this application? (no comment) Any one of the Trustees wishing to speak? Trustee Goubeaud: I would like to note Mr. Edson is going to conform with the building of his foundation or are you still planning on building on it's present location? Mr. Edson: I think the better part of valor at this particular point, ah, what choice do I have? Yes, if I want to have everything to build, I would go 40 ft. back. It only money, right? It's my money, what's the difference? It's sure has had, you had the file in front of you. Ail the work has been done on the property for a long, long, time. And with guaranteed surveys, Board of Trustees Public Hearing, Lewis L. Edson, Page 3. with D.E.C. maps, with elevations. You know it is all sitting in front of you. It has become a political football. Now, I think we all agree to that. We have had ali kinds of people involved, Roy Hajs was involved in this property twice, once when we came to put a dock out, a few years ago. No problem. We went to the D.E.C. no problem. When the neighbor starts screaming his head off and becomes a sensitive situation and it becomes played with in the news media. I think, in all honesty, it has just become a political situation. I don't see anything wrong with the property. I don't see anything wrong with where the building is going. But I also understand politics. Somewhere along the line someone has to give, and f guess it is going to be me. You know Henry Smith has talked about a contract. I have never said anything about that. It has always been, I have known Henry Smith ever since I was a kid. Henry Smith has always done my work. He has no contract. He is assuming because he has always done my work, that he is going to do it. And that is probably true. But there is no contract per se. But I don't see that that is a big point. So I have never really made it an argument about it. It is to much of a technicality, I think the whole thing has gotten out of hand. If that is what it takes, what am I going to do? Get a three year impact study, go to court? Eight this, fight that, fight the other thing. (Mr. Rudy Bruer requested a two minute recess to get some imput.) Trustee Bredemeyer: I would say that this Board would have no objection to this. Rudy Bruer: We will be right back. Trustee Bredemeyer: Mr. Edson do you wish to continue at this time? Lewis Edson: The discussion was based on whether or not the present location the run off could be recharged into a dry well back into the ground. And any fill that was used on the existing foundation as backfill could be cut off with railroad ties to keep it from leaching onto any wetlands. Any wetlands that was distroyed, in the Trustees opinion, we could replant. Trustee Bredemeyer: Essentially you are offering an alternative to the assessment that we did last month. In other words, as an alternative way of looking at this would be to use the existing site to try to, your presenting some alterations that might enable you to use the present foundation? Mr. Edson: I would think if the Trustees would agree, after we drew up the plans on it, that it wasn't going to impact the environment at ail, that it would save me a heck of alot of money. Trustee Krupski: I think the idea here, the presence of the wetlands inside the foundation itself. I can understand your financial position on this, I ~an appreciate that, but just the location, is the problem. Trustee Goubeaud: That has become our stumbleing block. At the present time when you look at the foundation, and look inside there and there are protected species growing inside. By law, that is what we are here to protect. Mr. Edson: I don't claim to be an expert on this. I would certainly yeild Board of Trustees Public Hearing, Lewis L. Edson, Page 4. to you on that. But you do have a copy of a D.E.C. map on this property. The D.E.C. map shows, in their expert opinion, that it is 100 ft. back. They have approved it seven or eight times. The Trustees do not have a map for anyone to go by. So it makes it very difficult to start off complying when there is no gauge to go with. If you understand my point? Trustee Bredemeyer: Unfortunately we end up being the mouth in many cases. And the unusual circumstances, we are all aware of. We gladly meet with the applicants and go over this ahead of time and then none of us are in that position whether right or wrong and however whatever got there. Lewis Edson: Well whatever got destroyed, as I said before, there's some grasses in the foundation we will replant them. Trustee Bredemeyer: Is there any additional comments. I believe I see some hands. Please. Ann Badayla: My name is Ann Badayla, and I have been opposing Mr. Edson on this from the time he put in his application for the 120 ft. catwalk. I wanted to know if that catwalk goes into the water, or over the land that happened to be wetlands and in the winter completely inundated with water. Some of the members were on the board at that time, maybe you remember? Maybe you remember my comments. And it was passed. Some were opposed, some were for it. Okay, I will accept. Mr. Edson come before the Town Board. I was here, I wasn't for, I wasn't against, I had an opinion. And the opinion stopped the motion from being passed that night. That was nine months before anything happened on that piece of property. Then I see a foundation going in. And well I really didn't know what was going on at that point. I didn't say anything when the foundation went in. But when 26 loads of fill went in over wetlands in one day, I came down to the Town Board. They got out the application, and they could only find a permit from the Army Corps of Engineers. Allowing Mr. EdsOn to put in 350 cu. yds. of fill into the wetlands. But no other application. At that point I think the Building Dept. stopped it. I had been trying to let someoT know that something was wrong. It isn't my view, it is my principal I am fighting for. Steve Latson: Town Baymen's Association. I would just say to Mr. I think finally the other side of the community is speaking out. question of a political football. Edson that It is not a Trustee Bredemeyer: Is there anyone else who wishes to speak on this application? Mr.Bada¥1af I don't find this comment on the political football. I have nothing to gain politically, I am just an neighbor. I don't care if someone builds a house, but do it properly. Your code came into effect on April 1st. The permit was given April 17th I believe. Now there is something wrong. You gave the permit erroneously, you have a code why don't you live by it? Trustee Bredemeyer: This Board never issued a permit. We unfortunately find ourselves... Mr. Badayla: One time Henry Smith said that "This was dumped on us." Well I don't feel like being dumped on either. Board of Trustees Public Hearing, Lewis L. Edson, Page 5. Trustee Bredemeyer: I don't believe we are trying to move in that fashion. This was something no one in this room ever asked to have happen. That includes ail parties. Mr. Badayla: I thing that there is one more point that I think should be brought out here. My wife Ann went to the Building Dept. and into the Town Hall and before the foundation was put in place and the stakes were laid out, pointing out the deficiencies, and it went on deaf ears. And it turns out the only way to get things to move here, is to put it in w~iting. It must be in writing, you must get exposure somehow. That shouldn't have to be. When a citizen walks in with a legitimate complaint to an official you would think that they would listen and take action. But they ignored it completely. And then the foundation goes in and we are going through this whole process. I don't like to see Mr. Edson loose any money. And I don't want to deprive him of the use of the property. But I think that we all are remissed here when we just ignore a citizens request for an investigation. Trustee Bredemeyer: Is there any further comments on this application? (no comments) from the Trustee Members? ( no comments) There being no further comments from the audience or the Trustees I will close this hearing. Alan Zobel: I have one more. Trustee Bredemeyer: I believe the hearing has been closed. Would the Board wish to entertain a reopening? (All Trustees Ayes:) Trustee Bredemeyer: We will reopen the hearing. Alan Zobel: My name is Alan Zobel. I live on Gagens Landing. I am very close to the subject, the foundation. I believe and I have had experience that they told me that a certified survey was in effect of a foundation a long time before but was never carried out until my incident came up with my next door neighbor. Now, I think you have a certified survey of a foundation there should be no mistake about it at all. It should be on the property, it should say it is wetlands, how high the property is, how high the elevations are. In this case I think that there should be some kind of survey of where the foundation is. I took a walk down there one day and you have a footing and it is about 8ft. beyond where the foundation is now. and it has been covered. Why was the foundation moved back? It should show on some drawing someplace. Not that I am against Mr. Edsons I just say a rule is a rule and it should obeyed. I am not talking about this one case, I'm talking about all the cases. You make some kind of a law. You obey it. If you find someone who disobeyed it make him tear it down. Trustee Bredemeyer: Are there any other comments. (no comments) then I close this public hearing. Hearing closed at 8:30 P.M.