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HomeMy WebLinkAboutTR-10/30/1986HENRY P. SMITH, President JOHN M. BREDEME?ER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE {5161 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUI'HOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 October 30, 1986 7:00 P.M. - REGULAR MEETING The regular meeting of the Board of Town Trustees was held on October 30, 1986 at the Town Hall, Main Road, Southold. President Smith opened the meeting at 7:00 p.M. PRESENT WERE: President Henry P. Smith Vice President John M. Bredemeyer, III Trustee Ellen M. Larsen Trustee Phillip J. Goubeaud Trustee Albert Krupski Clerk Ilene Pfifferling Bay Constable Donald Dzenkowski Trustee Smith advised that the next regular field inspection will be held on November 20, 1986 to commence at 12:00 P.M. and the date for the next regular meeting will be held on November 25, 1986 at 7:00 P.M. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to APPROVE the minutes of the September 25, 1986 meeting as amended as follows: Resolution No. 9. To read: "Resolved that the Town Trusteees Table the application of Alexander Koke and request a survey with one foot contours inside the building envelope and request that the Conservation Advisory Council take a look inside the building envelope for a study of all plant species" and on Resolution No. 13 - George Lamborn - Vote should read: "Ayes: Trustee Smith, Trustee Bredemeyer, Trustee Goubeaud: Nay: Trustee Larsen, Trustee Krupski. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to APPROVE the DECEMBER 1986 mooring renewals. VOTE OF BOARD: Ayes: Ail THIS RESOLUTION WAS DECLARED DULY ADOPTED. Trustee Smith gave the Trustee Monthly Report as follows: Application fees $100.00, Dock fees $49.00, Wetland Application Fees $300.00, Wetland Inspection Fees $50.00 and Mooring Renewals $130.00 for a total of $629.00 collected and turnec over to the Supervisor's office to be plaaed in the General Fuhd. II. PUBLIC NOTICE: 1. From the U.S. Army Corps of Engineers: Re: Authorization for work under General Permits for August 1986. Board of Trustees - October 30, 1986 Page 2. III. 1. 4. 5. 6. 10. 11o COMMUNICATIONS: From George O. Guldi regarding a project on Laurel Lake. (see resolution no. 20). From the Southold Town Baymen's Association, Inc. use pf a shellfish gauge. Trustee Smith reported that Judge Raymond Edwards had recommended that a lobster gauge be added to it also. Trustee John Bredemeyer suggested ~hat the gauge be made so that it could be all in one (a license and a gauge made on the same paper that the D.E.C. uses for their licenses). He felt that this would make more sence than carrying two items. We will forward a copy of a sample gauge Trustee Bredemeyer drew up along with a sample of the paper for same, Trustee Bredemeyer advised that this could be altered to include the lobster gauge. This is a total pass through gauge. Trustee Smith felt that he would like to see this made out of plastic or aluminum that may be available to ~eep. From the Southold Town Baymen's Association, Inc. re~ardin$ the Scallop Seed Transplant Project. The Trustees suggested that this matter be transmitted to James C. McMahon, Administrator of Community Development. James C. McMahon, Administrator, Community Development regarding a progress report for the Town of Southold Bay Scallop Project. A Thank you from Frank Heroy, Secretary of the Lakeview Terrace Road Association. From John R. Guldi, Suffolk County, Division of Waterways re~ardin~ the dredsin8 of Goose Creek. Trustee Smith directed the Clerk to send a letter to Mr. Guldi requesting that he come out to Southold to discuss the spoil sites for the dredging projects (Town, Jockey and Goose Creeks). From Freddie Wachsberser, Chairperson, Committee for the Preservation of Hallock's Bay. The Trustees directed the Clerk to send a letter to Chesterfield Association stating that 'lit has been brought to the Trustees attention that the project being it is in an uncompleted state can very possibly turn into a freshwater marsh and at such time it would come under th~ jurisdiction of the Southold Town Trustees. A Wetland Permit will be necessary to commence work. From William A. Hall, III resardin8 dock construction. Mr. Michael J. Cuddy, N.Y.S. Dept. of Transportation regarding Dam Pond Bridge. The Clerk was directed to send Mr. Cuddy a letter requesting a plan of construction. From James B. Kaminsky and others regarding Mattituck Dryland Marina. The Trustees made an on site inspection of the Peterson property and have directed the Clerk to forward a letter to blr. Peterson advising that a light is to be erected on the most seaward spile and that no boats are to stick out any further then the pilings. Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED that a letter is to be sent to Mr. Peterson directing him to place reflectors on spiies 1 thru 8~ that no boat shall extend out any further then the 8 spiles on the end and that a light is installed on the most seaward spile. Vote of Board: Ayes: Ail This resolution was declared duly adopted. From Heather Cusack regarding road run off problem sites. Trustee Larsen reported that Heather Cusack was meeting with Ray Jacobs, Supt. of Highway Regarding this matter. Board of Trustees - October 30, 1986 Page 3. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. From Harold Wislberg regardin~ bulkhead construction. From Town Attorney Robert W. Tasker regarding the request made by Julius Juttner for a quit claim deed. Letter is to be sent to the Town Attorney advising that the quit claim is up to the high water mark. From Rosa Hodgson regarding spoil site for the proposed Suffolk County ~regdinm mro~ect. Morton J. Phillips resarding Mattituck Inlet. Jeanne Marriner, President, League of Women voters of Riverhead/Southold. regarding an invitation to participate in discussion on the future look of the North Fork to be held on November 5th at 7:30 P.M. in the Cutchogue Presbyterian Church. Ken and Ann Edwards regarding the'George D. F. Lamborn application. James H. Rambo, Inc. regarding a request for a pre-application gonference for Mattituck Inlet Marina. Frank W. Burr regardin$ the George D. F. Lamborn application. Harold Wilsberg regarding a brush removal plan for Ole Jule Lane, Mattituck. Information from the DoE.C. regarding the Loucka wetland application. From Arthur L. Smith, Jr. a request for a determination on the need of a wetland permit. It was determined that Mr. Smith will have to submit an application for the work to be done. From John H. Thatcher, Jr., President of the Fishers Island Conservancy, Inc. regarding the George D. F. Lamborn application. From John Geideman regarding a request for reconsideration of the application for Nicholas Cutrone. The Board directed the Clerk to forward 25: 26. a letter to Mr. Geideman advising that he will have to get a notorized letter from each of the adjacent property owners next to Mr. Cutrone. From the Town CLerk's office request to review the design fo the "gauge" as to accuracy and comprehensiveness with respect to ail shellfish taken from Town waters. Brad Burnham, President of the Fishers'Island Civic Association regarding 27. 28. the George D. F. Lamborn application. From Dr. Steve Malinowski regarding the George D. F. Lamborn application. Leslie O. Goss regarding the George D. F. Lamborn application. Trustee Smith called a public hearings on the recess for the purpose of holding the following Wetland Applications. 7:30 P.M. - In the matter 7:32 P.M. - In the matter 7:34 P.M. - In the matter 7:36 F.M. - In the matter. 7:38 P.M. - In the matter 7:40 F.M. - In the matter 7:42 P.M. - In tha matter 7:44 P.M. - In the matter 7:46 P.M. - In the matter 7:48 P.M. - In the matter 7:50 P.M. - In the matter 7:52 P.M. - In the matter 7:54 P.M. - In the matter 7:56 P.M. - In the matter of the application of George D.F. Lamborn. of the application of the Nature Conservancy. of the application of Richard Luhrs. of the application of Magdalen Levas. of the application of Irene & Daniel McKasty. of the application of Stanley Chase of the application of Stanley Chase of the application of Stanley Chase of the application of J.Lane Curry. of the application of Grace A. Finora. of the application of Helen Reiter. of the application of Grace K. Bourgin. of the application of J. Lane Curry. of the application of Mark Baxter Board of Trustees - October 30, 1986 Page 4. Regular meetin~ reconvened at 8:09 P.M. Trustee Goubeaud left the meeting room. Trustee Smith commenced with the resolutions. RESOLUTIONS: DANIEL S. NATCHEZ AND ASSOCIATE8 on behalf of BREWER YACHT YARD Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees RESCIND the Lead Agency Declaration declared on September 25, 1986 regarding the wetland application submitted by Daniel S. Natchez on behalf of Brewer Yacht Yard at Greenport. VOTE OF BOARD: AYES: Trustee Smith, Trustee Bredemeyer, Trustee Krupski, Trustee Larsen: Absent: Goubeaud DANIEL S. NATCHEZ AND ASSOCIATES on behalf of BREWER'YACHT YARD Moved by Trustee Krupski seconded by Trustee Bredemeyer WHEREAS, Daniel S. Natchez and Associates, Inc. has applied on behalf of the Brewer Yacht Yard for a waiver of the Wetland Ordinance to maintenance dredge 450 cu. yds., to construct a 25' x 45' pool and to grade-fill consisting of approximately 1.82 acres by placing 3,000 cu yds. of material to be trucked in, and WHEREAS, the Trustees conducted an on site inspection of the subject premises located on Sterling Basin: St. Agnes property north of Manhanset Ave., Greenport, and WHEREAS, this proposal is a modification of a previously approved project by all regulatory authorities in the Town of Southold, Village of Greenport, Army Corps of Engineers and New York State D.E.C., and WHEREAS, this application has been referred to the Southold Town Conservation Advisory who has recommended approval of the project, and WHEREAS, a letter has been placed in the file from Michael Acebo, Manager of Brewers Yacht Yard advising that they are aware that the Town owns property directly east of the boat yard where the Town presently has a launching ramp. In the event that the Town of Southold desires to put up floats to make use of the water area in front of their property and adjacent to the yard, Brewer will work with the Town to achieve an approach that would allow the Town of Southold, as well as Brewer's to utilize the waterfront areas in the vicinity of their respective upland properties, NOW, THEREFORE BE IT RESOLVED that Daniel S. Natchez and Associates, Inc. on behalf of Brewer Yacht Yard be and hereby is granted a Waiver as requested all in accordance with the provisions and stipulations placed on approvals granted previously by all other agencies and for amendments to same. lA. Vote of Board: Ayes: Trustees Smith, Bredemeyer, Ktupski, Larsen Absent: Trustee Goubeaud This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 5. DOUGLAS MORRIS - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer seconded by Trustee Larsen 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 John H. Geideman on behalf of Douglas Morris for a wetland permit on certain property located on Shore Drive, Greenport. Vote of Board: Ayes: Trustee Smith, Trustee Krupski, Trustee Larsen, Trustee Bredemeyer Absent: Trustee Goubeaud This resolution was declared duly adopted. Trustee Goubeaud returned to the meeting at 8:12 P.M. 3. WALTER H. BURDEN, III - LEAD AGENCY DECLARATION Moved by Trustee Smith seconded by Trustee Bredemeyer 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 Walter H. Burden, III for a'wetland permit on certain property located on a R.O.W. off of 6th Street on Pipes Cove, Greenport. 3. VOTE OF BOARD: Aves: Trustee KruDski. Trustee Larsen, Trustee Smith~ Trustee Bredemeyer, Trustee Goubeaud This resolution was declared duly adopted. J. ROYAL GIFFORD - ARRPOVAL TO RELOCATE MOORING Moved by Trustee Bredemeyer seconded by Trustee Smith it was RESOLVED that the Southold Town Trustees approve the relocation of the offshore portion of Mooring No. 32, Permit Nd. 805 assigned to J. Royal Gifford in Corey Creek, Southold. Vote of Board: Ayes: All This resolution was declared duly adopted. SEAN M. DELEHANTY - APPROVAL Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED that the Southold Town Trustees approve the transfer of mooring no. 199, permit no. 998 previously assigned to Alfred Skrzypecki to be transferred to Sean M. Dalehanty. Vote of Board: Ayes: All This resolution was declared duly adopted. PAUL GALGAN - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Larsen 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 Paul Galgan for a wetland permit on certain property located at 4605 Stillwater Ave., Cutchogue. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 6. 7. EN-CONSULTANTS, INC. ON BEHALF OF FRIEDERICH KRUG - LEAD AGENCY DECLARATION 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 En-Consultants, Inc. 2n behalf of Friederich Krug for a wetland permit on certain property iocatsd on Budd's Pond Road, Southold. VOTE OF BOARD: Ayes: Ail This resolution was declared duly adopted. THOMAS WICKHAM - WAIVER Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees Approve the request made by John Wickham on behalf of his son Thomas Wickham to extend the enclosed porch all across the front of his house to be 10' x i0' on property located on the west side of West Creek Avenue, Cutchogue. During construction the following provisions should be taken: 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 sits. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, ail 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. Vote of Board: Ayes: All This resolution was declared duly adopted. RITA F. GLEDICH - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer seconded by Trustee Krupski it 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 Rite F. Gledich for a wetland ~ermit on certain property located at 450 Oak Street, Cutchogne. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 7. 10. DR. MAXWELL Y. SIMKIN - WAIVER Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, the Board has carefully considered ail the documentation submitted concerning this request, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, and the surrounding area, and WHEREAS, the Board made thefollowing findings of fact. 1. By this request, appellant requests a Waiver of the Wetland Ordinance in accordance with Article II, Section 97-22 for the deck to be 28' x 14'. 2. The property in question is located at Snug Harbor Road, East Marion, New York; more particularly known on the Suffolk County Tax Map as: 1000-35-5-34. IN CONSIDERING THIS REQUEST THE BOARD ALSO FINDS AND DETERMINES: 1. The property in question bulkheaded. 2. The project will not adversely affect the wetlands of the town. 3. The project will not weaken or undermine the lateral support of other lands in the vicinity. 4. The project will not otherwise adversely affect the health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT RESOLVED that Dr. Maxwell Y. Simkin BE AND HEREBY IS GRATED A WAIVER of the Wetland Ordinace as requested with the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas withih 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. Care shall be taken so as to preclude the entry of any any construction material into adjacent waters. 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 the waterway. 10. Vote of Board: Ayes: All This resolution was declared duly adopted. 11. CECILIA Z. LOUCKA - RESOLUTION TO RESCIND LEAD AGENCY DECLARATION Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees Rescind their Lead Agency Declaration declared on the wetland application submitted by Patricia C. Moorm on behalf of Cecilia Z. Loucka for ghe construction of Board of Trustees - October 30, 1986 Page 8. a single family residence on property located on Rambler Road, Southold, and be it further RESOLVED that the Southold Town Trustees determine "No Jurisdiction" on the proposal to construct a single family residence on property located on Rambler Road, Southold all in accordance with the survey prepared by Roderick Van Tuyl, P.C., dated and last revised on October 10, 1986. Mrs. Moore advised the Board that there will be a deck proposed on the house but that ~ will not fall within the Trustees jurisdiction. The applicant was advised that a natural buffer zone should be maintained as much as possible on this property. 11. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 12. EN-CONSULTANTS, INC. ON BEHALF OF NEIL SIMON Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees consider the previous application no. 310 submitted by Eh-Consultants, Inc. on behalf of Nell Simon withdrawn. 12. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 12A. EN-CONSULTANTS, INC. ON BEHALF OF NEIL SIMON - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Bredemeyer 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 Eh-Consultants, Inc. on behalf of Neil Simon for a wetland permit on certain property located at Harbor Lights, Southold. 12A. VOTE OF BOARD: Ayes: Ail This resolution was declared duly adopted. 13. LAND USE COMPANY ON BEHALF OF JAMES SWEENY - AMENDMENT TO PERMIT 13. Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to approve the request made by the Land Use Company on behalf of James Sweeny to amend his permit no. 246 to include a 36 lin. ft. catwalk to be constructed landward towards Sandy Beach Road, Greenport. Vote of Board: Ayes: All This resolution was declared duly adopted. 14. SIDNY OLMSTED - APPROVAL Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the request made by Sidny Olmsted to construct a floating dock (120 sq. ft.) in Mattituck Creek, with the provision that no portion of the docked boat is to extend beyond th piling on the north side of the property, in front of the neighbors property. Property is located at 1300 Westphalia Road, Mattituck. 14. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 9. 15. 15. 16. 16. HADLEY B. WILLIAMS - WAIVER Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED to WAIVER the need of a wetland permit as requested by Mrs. Hadley B. Williams to reconstruct an existing dike on property located at 10725 New Suffolk Avenue, Cutchogue. Said structure will be constructed to a length of 270± lin. ft. and to b~ reconstructed landward of the pipe running parallel to her property. Vote of Board: Ayes: Trustees Smith, Bredemeyer, Larsen, Goubeaud;Abstained: This resolution was declared duly adopted. Krupski FRANK ZALESKI - WAIVER Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees APPROVE a WAIVER of the Wetland Ordinance as requested by Frank Zaleski on behalf of Tony Helies to replace supports under an existing house on property located at Marratooka Point, Mattituck. Vote of Board: Ayes: All This resolution was declared duly adopted. 17. 17. 18. 18. 19. 19. FREDERIC ENDEMANN - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Frederick Endemann for a wetland permit on certain property located on Schoolhouse Creek, New Suffolk. Vote of Board: Ayes: Ail This resolution was declared duly adopted. MATT-A-MAR MARINA - TABLED Moved by Trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED to TABLE the application submitted by Dr. Ali Agarabi, President, Matt-A-Mar Marina pending receipt of a concise drawing or Marine Survey with specific measurements indicating all existing structures with sizes of same and indicating their locations to tidal wetlands with his proposal for a dinghy dock. Vote of Board: Ayes: All This resolution was declared duly adopted. MICHAEL J. VOTA - MOORING APPROVAL Moved by Trustee Smith seconded by Trustee Krupski RESOLVED to APPROVE the request made by Michael J. Vota for an offshore mooring in East Creek, using private property as access with the provision that the boat will not swing into any other boat or impede navigation. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 10. 20. GEORGE O. GULDI on behalf of DOUGLAS MILLER - RESCIND LEAD AGENCY 20. DECLARATION Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED that the Southold Town Trustees rescind the Lead Agency Declaration declared on the application submitted by George O. Guldi on behalf of Douglas Miller for the construction of_a single family residence on property located on teh North side of Laurel Lake, Laurel. Vote of Board: Ayes: All This resolution was declared duly adopted. 20A. GEORGE O. GULDI on behalf of D~UGLAS MILLER - No Jurisdiction Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED that the 8outhold Town Trustees declare "No Jurisdiction" on the Wetland Application submitted by George O. Guldi on behalf of Douglas Miller for the construction of a single family residence on property located on the North side of Laurel Lake, Laurel based on the amended survey by Young & Young for the minor subdivision sketch plan for Douglas Miller at b~ttituck, revised September 22, 1986 showing placement of the house 85' from the edge of wetlands. 20A. Vote of Board: Ayes: All This resolution was declared duly adopted. 21. DAVID MERZ - TABLE Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the Environmental Assessment on the wetland application of David Merz until the property is properly staked for inspection. 21. Vote of Board: Ayes: All This resolution was declared duly adopted. 22. LOUISE TASHJIAN - RESCIND LEAD AGENCY DECLARATION Moved by Trustee Goubeaud seconded by Trustee Larsen it was RESOLVED to rescind the lead agency declaration declared on the wetland application of Louise Tashjian for the construction of a dock until the provisions of permit no. 290 are completed (installation of dry wells) on property located at 4955 Stillwater Avenue, Cutchogue. The Trustees directed the Clerk to return said application to Mrs. Tashjian until the aforesaid work is complete. 22. Vote of Board: Ayes: All This resolution was declared duly adopted. 23. STEPHEN EICH - NEGATIVE ENVIRONMENTAL ASSESSMENT Application no. 452 Moved by Trustee Smith seconded by Trustee Bredemeyer the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Board of Trustees - October 30, 1986 Page i1. 23. Continued - Stephen Eich - nesative environmental assessment. Application No. 452 Name: Stephen Eich 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 catwalk 40' x 3½' and a floating dock to be 6' x 18'. LOCATION OF PROJECT: Ruch Lane, Southold. REASONS SUPPORTING THIS DETER>~INATION: 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. 23. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 12. 24. CLIFFORD CORNELL - C & D Realty - Negative Environmental Assessment Moved by Trustee Bredemeyer seconded by Trustee Krupski the following Non-Significant Environmental was declared based on the plan and field survey: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 450 NA~: C & D REALTY c/o Clifford Corneli 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: Construgt a single famiiy dwelling 32' x 68' and to excavate approximately 400 cu. yds. of material. LOCATION OF PROJECT: Cox Neck Road, b~ttituck. 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. 24. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of TRustees - October 30, 1986 Page I3. 25. JOSEPH A. BARBATO - Nesative Environmental Assessment - App1. No. 369 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer 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. 369 NAME: JOSEPH A. BARBATO 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 enviroqment. 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 install two separate low profile jetties at the approximate existing length of 30' at mean high water height. LOCATION OF PROJECT: West Lake DRive, 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. 25. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 14. 26. DENNIS KETCHAM, MANAGER ON BEHALF OF BOATMAN'S HARBOR MARINA - WAIVER 26. 27. 27. Moved by Trustee Krupski seconded by Trustee Goubeaud WHEREAS, Board has carefully considered all the documentation submitted concerning this request, and WHEREAS, the Board members have personally viewed and are~amiliar with the premises in question, and the surrounding area, and WHEREAS, the Board made the following findings of fact: 1. By this request, appellant requests a Waiver of the Wetland Ordinance in accordance with Article 11, Section 97-22 for the construction of a three car garage (45' x 32'). 2. The property in question is located at 3350 West Creek Avenue, Cutchogue; more particularly known on the Suffolk County Tax M~p as: 1000-110-01-12. IN CONSIDERING THIS REQUEST THE BOARD ALSO FINDS AND DETERMINES: 1. The property in question is bulkheaded. 2. The project will not adversely affect the wetlands of the town. 3. The project will not weaken or undermine the lateral support of other lands in the vicinity. 4. The project will not otherwise adversely affect the health, safety and general welfare of the people of the Town. NOW, THEREFORE BE IT RESOLVED that Kennis Ketcham, Manager on behalf of Boatman's Harbor Marina BE AND HEREBY is granted a Waiver of the Wetland Ordinance as requested with the following provisions: I. 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. 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 the waterway. Vote of Board: Ayes: Ali This resolution was declared duly adopted. JOHN DEbIPSEY - LEAD AGENCY DECLARATION - APPL. No. 456 Moved by Trustee Larsen seconded by Trustee Bredemeyer 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 Eh-Consultants, Inc. on behalf of John R. Uempsey for a wetland permit on certain property located on Ole Jule Lane, Mattituck. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 15. 28. 28. JOSEPH AND MARGARET BEST - WAIVER Moved by Trustee Smith seconded by Trustee Larsen it was RESOLVED that the Southold Town Trustees A~PROVE the request for a WAIVER of the Wetland Ordinance for Joseph and Margaret Best, Camp Mineola, Mattituck to construct a 33' x 14' porch and a 12' x 3' kitchen extension subject to the following previsions: 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 should 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. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may have an application pending for the same or similar project. Vote of Board: .AMes: Ail This resolution was declared duly adopted. 29. ANTHONY LEGGIO - TABLE Moved by Trustee Bredemeyer seconded by Trustee Smith it was RESOLVED to TABLE the Wetland Application submitted by Anthony Leggio for a Wetland Permit on property located at 2300 Glenn Road, Southold. 29. Vote of Board: Ayes: Ail This resolution was declared duly adopted. The Clerk was directed to notify the New York State Department of Environmental Conservation, Mr. Charles Hamilton, to advise h~m of this violation of the Wetlands Ordinance and to forward the recommendations of the Trustees in an effort t~ proceed with the D.E.C. harmonioueiy so that this violation gets corrected as soon as possible. The Trustees recommend that all three tiers are to be removed and that the vegetation be replanted in a natural state using the two side properties as a reference area. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that the Clerk is directed to contact Mr. Charles Hamilton, N.Y.S. D.E.C. and advise him of the violation of the wetland ordinance on property of Mr. Anthony Leggio at 2300 Glenn Road, Southoid and further advise Mr. Hamilton that the Trustees recommend that all three tiers are to be removed and that the vegetation be replanted in a natural state using the two side properties as a reference area. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 16. 30. SAL CAIOLA to Rescind Significant Environmental Assessment - Application No. 400 Moved by Trustee Goubeaud seconded by Trustee Smith it was RESOLVED to Rescind a Significant Environmental Determination declared on the Wetland Application submitted by Eh-Consultants, Inc. on behalf of Sal Caiola as a result of an on site inspection and review of ali information in the file. 30. Vote of Board: Ayss: Ail This resolution was declared duly adopted. 30A. SAL CAIOLA - NEGATIVE ENVIRONMENTAL ASSESSMENT - Application No. 400 Moved by Trustee Goubeaud seconded by Trustee Smith the following non- significant environmental assessment was declared. S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT NAME: En-Consultants, Inc. on behalf of Sal Caiola APPLICATION: No. 400 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 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: Type II DESCRIPTION OF ACTION:Appellant proposes to construct a steel retaining wall along the tow of bluff and on uphill side of the road down the face of the bluff. A total of 962± lin. ft. of retaining wall is proposed. For sections facing Long Island Sound stone armor will be placed. Approximately 400 cu. yds. of clean sand and loam will be trucked in for backfill. Wall will be entirely above P~W. LOCATION OF PROJECT:Sound Drive. Greenport. REASONS SUPPORTING THIS DETERMINATION: Vote of Board: Aves: 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. 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. Ail - This resolution was dp~]~r~d dulv ~dnet~d Board of Trustees - October 30, 1986 Page 17. 31. FERUCIO FRANKOLA - RESCIND SIGNIFICANT ENVIRONMENTAL ASSESSMENT 31. Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED that the Southold Town Trustees RESCIND the Significant Environmental Assessment on the Wetland Application submitted by the Land Use Company on behalf of Ferucio Frankola, and - Be it further RESOLVED that the Southold Town Trustees APPROVE the request made by Ferucio Frankola to ~ND his wetland application as submitted and Be it further RESOLVED to TABLE the Environmental Assessment on the amended application for Ferucio Frankoia pending comments from the Conservation Advisory Council. Vote of Board: Ayes: Ail This resolution was declared duly adopted. There was a question raised by the Trustees regarding the number of boats moored in the basin. The Trustees requested a copy of the Decision rendering the use of the basin for ten boats. The Trustees will conduct another field inspection of the property along with the comments from the Conservation Advisory Council regarding the amended application. 32. WILHELM H. PRANK - LEAD AGENCY DECLARATION 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 Wilhelm H. Frank for a wetland permit on certain propert¥~located at 1225 Arshamomaque Avenue, Southold. 32. Vote of Board: Ayes: All This resolution was declared duly adopted. 33. A. Set time and date for the Public Hearinss on the Wetland Applications. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED TO SET November 25, 1986 as the date for the public hearings on the wetland applications. Said hearinss will commence at 7;30 P.M. Vote of Board: Ayes: Ail This resolution was declared duly adopted. APPROVAL/DENIAL of the Wetland Applications. GEORGE D. F. L~ORN - TABLED Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to TABLE the .decision on the application of George D.F. Lamborn pending review of the public hearing minutes and file. Vote of Board: Ayes: All Board of Trustees - October 30, 1986 Page 18. NATURE CONSERVANCY C/O ANDREW B. WALKER - APPROVAL Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, Andrew B. Walker on behalf of the Nature Conservancy applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 5, 1986 , and WHEREAS said application was referred to the Southold Town Conservation ldvisory Council for their findings and regommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 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 Andrew B. Walker on behalf of the Nature Conservancy BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a 133' x 3' walkway with a 13' x 5' observation dock on Hortom Creek. Property is located on the east side of Peeonic Bay Blvd., Mattituck. This permit will expire on October 30, 1987 if work has not commenced by said date. There are two inspections ~equired 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 determ_i~ation 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. RICHARD LUHRS - APPROVAL Moved by Trustee Larsen seconded by Trustee Bredemeyer WHEREAS, Richard A. Luhrs applied to the Southoid Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 8, 1986 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, ~nd WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 1986 at which time all interested persons were given an opportunity to be heard, and Board of Trustees - O~tobe~ 30, 1986 Page 19. 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, ~ow, THEREFORE, BE IT RESOLVED that Richard A. Luhrs BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a' catwalk 3' x 50' a 10' x 8' ramp and a 4' x 28 ft. floating d~c~ to be constructed with the provision that the catwalk be elevated 4' over the marsh and with the stipulation that the dock does not impede navigation. Said catwalk is to follow the existing walkway. Additional. inspection after one year is to be conducted? ~or a determination of distruction of marsh~ The applicant may be subject to the installation of additional catwalk. - ' - .~ ~ This permit will expire on October 30, 1986 if work has not commenc~d.'by sff~ da~a. 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 th~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 tha~-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 ~ard: A~es: Ail This resolution was declared dui~ adopted. MAGDALEN LEVAS - APPROVAL Moved by Trustee Bredemeyer seconded by Truste~ Smith · WHEREAS, Magdalen Levas applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 12, 1986 , and WHEREAS said application was referred to the Southoid Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 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 b~gdalen Levas BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct wooden stairs from the top of the bluff to the beach. Property is located on the Long Way, East Marion. This permit will expire on October 30, 1987 if work has not commenced by said datm. There are two inspections required and the Trustees are to be notified Board of Trustees - October 30, 1986 Page 20. go 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-Xn application pending for the same or similar project. Vote. of Board: Ayes: Ail This resolution was declared duly adopted. IRENE & DANIEL MCKASTY - APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud WHEREAS, Irene & Daniel McKasty applied to the $outhold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 20, 1986 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council f~r their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to sai~application on October 30, 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered ail the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that Irene & Daniel McKasty BE AND~HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a one story garage (34' x 22') and to construct a 20' x 40' inground pool. Property is located at 132-20 Main Road, East Marion. This permit will expire on October 30, 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 tha~ 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 f~urther 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 measures are to 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 adjacen~ waters. Board of Trustees - October 30, 1986 Page 21. 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. Vote of. Board: Ayes: Ail This resolution was declared duly adopted. Fo STANLEY CHASE - APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Stanley Chase applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 21, 1986 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WI{EREAS, a publi~ hearing was held by the Town Trustees with respect to said application on October 30, 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered ail the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Stanley Chase BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS- OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD 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 to two 8" spiles. Property is located on Home Pike Road, Mattituck, Mattituck Creek. This permit will expire on October 30, 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 inshrance 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. ~ ~lease take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, 1986 Page 22. STANLEY CHASE - APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Stanley Chase applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 21, 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 October 30, 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 Uss Company on behalf of Stanley Chase BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a 4' x 140' fixed dock leading to a 3' x 16' ramp leading to a 6' x 20' float dock which shall be secured by two 8" spiles. Said fixed dock shall be constructed a minimum of 4' over existing marsh. Property is located on Home Pike Road, Mattituck, Mattituck Creek. This permit will expire_on October 30, 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 departmen~ or agency which may also have an application pending for 'the same or similar project. Vote of Board: Ayes: Ail This resolution was declared duly adopted. STANLEY CHASE - APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Stanley Chase applied to the Southoid Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 21, 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 October 30, 1986 at which time ail interested persons were given an opportunity to be heard, and Board of Trustees - October 30, 1986 Page 23. 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 Stanley Chase BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS- OF THE WHTLAND ORDINANCE OF THE TOWN OF SOUTHOLD 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" spiles. Property is located on South Drive, Mattituck, Mattituck Creek. This permit will expire on October 30, 1987 if work h~s 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: Ail This resolution was declared dui~ adopted. J. LANE CURRY - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, Costello Marine Contracting Corp. on behalf of J. Lane Curry applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 25, 1986 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 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 Costeilo blarine Contracting Corp. on behalf of J. Lane Curry BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Armor 210' of existing bulkhe with I - 2 ton rock at 2 - 3 tons per foot. Property is located on Paradise Point, Southold. This permit will expire on October 30, 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 Board of Trustees - October 30,1986 Page 24. 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 Smith, Trustee Bredemeyer, Trustee Krupski, Trustee Goubeaud: Abstained: Trustee Larsen This resolution was declared duly adopted. Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, The Land Use Company on behalf of Grace A. Finora applied to the $outhold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 30, 1986 , and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and W~EREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 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 WHERE~S, 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 Grace A. Finora BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a single family dwelling and associated septic system. Property is located on the north east corner of East Legion Avenue and Bay Avenue, Mmttituck, James Creek. This permit will expire on October 30, 1987 if work has not commenced by said date. There are tw~ inspections Cequired 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 we~is. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on the 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. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - October 30,1986 Page 25. HELEN REITER - APPROVAL Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, The Land Use Company on behalf of Helen Reiter applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 25, 1986 , and WHEREAS said application was referred to the Southold Town ConServation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered ail the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Helene Reiter BE AND HEREBY IS GRANTED PERMISSION HN~ER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD 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. Said structure shall be backfilled with approximately 5 cu. yds of clean sand to be trucked in from an upland source. Property is located on Main Road in Southold. This permit will expire on October 30, 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: Trustees Smith, Bredemeysr, Goubeaud, Krupski, Larsen This resolution was declared duly adopted. GRACE K. BOURGIN - APPROVAL Moved by Trustee Smith seconded by Trustee Bredemeyer ~EREAS, Grace K. Bourgin applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 25, 1986 , and WHEREAS said application was referred to the Southoid Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 30, 1986 at which time all interested persons were given the opportunity to be heard, and Board of Page 26. Trustees - October 30, 1986 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 Grace K. Bourgin BE AND HEREBY IS GRANTED PERMi~SSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a bulkhead 100 lin. ft. and 18" wide, and to fill with 125 cu. yds. of sand behind the bulkhead. Property is located at 515 Watersedge Way, Southold. This permit will expire on October 30, 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~gpplication pending for the same or similar project. Vote of Board: ~yes:All This resolution was declared duly adopted. J. LANE CURRY - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, Costello P~rine Contracting Corp. on behalf of J. Lane Curry applied to the Southoid Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 4, 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 October 30, 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, NOW, THEREFORE, BE IT RESOLVED that Costello Marine Contracting Corp. on behalf of J. Lane Curry BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct 130' of timber bulkhead, with (2) 27' returns and to backfill with 110 cu. yds. of upland sand. Said structure is to be constructed within 18", property is located on Paradise Board of Trustees - October 30, 1986 Page 27. Point, Southold. This permit will expire on October 30, 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 shal~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 the name insured. Please take further notice that this declaration should not be considered a determination for any other department or agency which may also have an application pending for the same or similar project. M. Vote of Board: Ayes: Trustees Smith, Bredemeyer, Krupski, Goubeaud Abstained: Trustee Larsen This resolution was declared duly adopted. N. MARK BAXTER Moved-by Trustee Smith seconded by trustee Bredemeyer it was RESOLVED that the Southold Town Trustees DENY without prejudice the wetland application no. 433 submitted by Mark Baxter to mow vegetation on property located at 3135 Main Bayview Road, Southold. The Board will allow a 4' wide walkway to the water to be maintained. However, there is to be a natural buffer within 50' of the water on the remainder of the property at ail times. N. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 35. GEORGE SCHARF - MOORING APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the request made by George Scharf to place an offshore mooring in Narrow River, Orient with the provision that the boat will not swing into any other boat or impede navigation. 35. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 36. VINCENT R. PISANO - LEAD AGENCY DECLARATION Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the $outhold To~ Trustees declare i~self lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Vincent R. Pisano for a wetland permit on certain property located on Meday Avenue, Mattituck. 36. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Board of Trustees- Page 28. October 30, 1986 32. RUTH ENGEL - LEAD AGENCY DECLARATION Moved by Trustee Krupsk± seconded by Trustee Bredemeyer 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 Ruth Engel for a wet%and permit on certain property located on 600 Beebe Drive, Cutchogue. 37. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 38. COSTELLO MARINE CONTRACTING CORP. on behalf of HELEN REITER 38. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Costallo b~rine on behalf of Helen Reiter for a wetland permit on certain property located on Main Road, Southold. The applicant is requested to submit a long environmental assessment form. Vote of Board: Ayes: Trustees Smith, Bredemeyer, Krupski, Goubeaud Abstained: Larsen This resolution was declared duly adopted. 39. 39. 40. 40. HAROLD WILSBERG Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Town Trustees will consider rescinding the Positive Declaration declared on your wetland application in consideration of a plan which does not bulkhead and loose the intertidal marsh. Vote of Board: Ayes: Ail This resolution was declared duly' adopted. Moved by Trustee Goubeaud seconded by Trustee Bredemeyer WHEREAS, the largest system of marshes in Southold Town is located on Fishers Island, and WHEREAS, such marsh is used for the supply of potable water to island residents and as an Environmental Habitats for migratory waterfowl and for local wildlife, and WHEREAS, the marshes are being used in a current National Study on Acid Rain, and WHEREAS, t~e last time any significant detail study of any type was undertaken in 1905 and since there is an increase in the population on the island, NOW, THEREFORE, BE IT RESOLVED that the Southold Town Trustees petition the Southold Town Board to undertake a study of the Fishers Island Aquifer system and impose Conservation measures restricting the non-potable usage of said marshes when necessary. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - October 30, Page 2N- 1986 GRANDFATHER APPLICATIONS - APPROVALS Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the Grandfather applications for permits as follows: 1. Fred R. Bruch, 110 Beverly Road, Southold to secure a permit for a bulkhead in Arshamomaque Pond, Southold. 2. Stanley Mackiewicz, 710 Maple Lane, East Marion to secure a permit for a bulkhead, ramp and float in Gull Pond. 3. Virginia J. Feder, 290 Old Cove Blvd., Southold to secure a permit for a bulkhead in Arshamomaque Pond, Southold. 4. ~oser W. Roth, Hippodrome Drive, Southold to secure a permit for a dock in Hippodrome Creek. 5. Donald Passudetti, 200 Gull Pond Lane, Greenport, to secure a permit for a bulkhead, fixed platform, ramp and float in Gui1 Pond. Vote of Board: Ayes: .'Ail This resolution was declared duly adopted. Trustee Bredemeyer reported that the Trustees are in the unlimited time frame period regarding the rempense to comments on the Draft Environmenta~ Impact Statement for Meadow Lane Residence, Mattituck (Thomas Cramer application). Trustee GQubeaud reported that he took the Wi%dlife Survey ~nd went back and crossed referenced with the endangered species and threatened and concerned list and there is one on the threatened list and two or three on special concerns list. Trustee Smith advised that Mr. David Emilita is reviewing the response to comments as well as the Conservation Advisory Council. The Board will have to wait until this material is reviewed and the comments are received. Moved by Trustee Bredemeyer seconded by Trustee Goubeaus it was RESOLVED THAT THE SOUTHOLD TOWN TRUSTEES ARE IN RECEIPT OF COP~ENTS ON THE DRAFT ENVIRONmeNTAL IMPACT STATEMENT FOR THO~S CRAMER, MEADOW LANE, MATTITUCK AND COPIES HAVE BEEN FORWARDED TO THE CONSERVATION ADVISORY COUNCIL, D.E.C., STONY BROOK, D.E.C., ALBANY, DAVID EMILITA, SZEPATOWSKI ASSOCIATES, INC. FOR THEIR COP~ENTS REGARDING SAME. Vote of Board: Ayes: All This resolution was declared duly adopted. The Trustees discussed the John Wickham matter. Trustee Bredemeyer reported that b~r. Wickham should be advised to cease all activity on ~he dike and to cease all cutting behind the dike until s~ch time as he can prepare a survey for the Trustees to be reviewed. The Board advised that he is to be urged to submit an application to the Board for review also. Board of Trustees - October 30, 1986 Page 30 Mr. Wickham is to be advised that failure to submit an application to the Trustee office within the next two weeks, or if he does not comply with the Notice of Violation, that it will result in referral to a court of competent jurisdiction. Trustee Smith advised that Mr. Steve Malinowski on Fishers Island has clam racks out in the waters over town bottom. Trustee Smith advised that the Clerk is to make a review of the files to ascertain i£ Mr. Malinowski has a permit for said structures. The Trustees discussed the DeGaudenzi matter. The Bay Constable reported that some of the work was done in accordance with the permit issued. Trustee Bredemeyer requested that the Town Attorney be contacted to in regard to this matter to see what the Bay Constable can do in this situation. The Bay Constable reported that Mr. DeGaudenzi violated the conditions of the permit. Trustee Bredemeyer advised that it should be treated as a violation. The Bay Constable was going to look into the matter also. Trustee Bredemeyer reported that he made an inspection of the property of Peter Jacques as requested by Eh-Consultants, Inc. for a determination on the need of a wetland permit. Trustee Bredemeyer advised that the property was properly staked, it is more than 75' from high marsh, totally high elevation, no jurisdiction. The first high tide bush is about 85'. The Trustees direc[ed the Clerk to forward a ~etter to Mrs. Madeline McElearney also a copy to Mr. Phil Karlin, Jro advising that she is holding up the conditional shellfish permit. She will have to relocate the cesspool on her property a maximum away from the water. There being no further business to come properly before the Board on motion by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that this meeting be and hereby is adjourned. , ECEIVED AND FILED BY TI-iE SOUTi'iCLD TO!71~ CI.~PK Town Clerk, Town of ~outhold PUBEIC HEARING IN THE MATTER OF GEORGE D, F, LAMBORN PRESENT WERE. PRESIDENT HENRY P, SMITH TRUSTEE JOHN BREDEMEYER TRUSTEE PHILLIP J, GOUBEAUD TRUSTEE ELLEN M, LARSEN TRUSTEE ALBERT KRUPSKI CLERK ILENE PFIFFERLING BAY CONSTABLE DONALD DZENKOWSKI JOHNATHAN KIBBE~ ATTORNEY STEVE LATSON~ SOUTHOLD ~OWN BAYMEN'S JUSTICE RAYMOND EDWARDS GEORGE D, F, LAMBORN MICHAEL HALL~ ATTORNEY ASSOC, PUBLIC HEARING IN THE MATTER OF GEORGE D. F. LAMBORN 7:40 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 HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON THURSDAY, OCTOBER 30, 1986 ON THE FOLLOWING APPLICATION FOR A PEP~IT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. IN THE MATTER OF GEORGE D. F. LAMBORN to pump water from a Spring F~d non "Wetland" pond to a higher level man made pond. Property is located on Ocean View Avenue, Fishers Island, New York (385). HENRY P. SMITH: We have received some letters from the Fishers Island Civic Association and I will ask our Clerk to please read them. CLERK ILENE PFIFFERLING: I will start with the most recently received letter from Leslie O. Gross from Fishers Island. Dear Mr. Smith: I am presently a nine month a year resident of Fishers Island. As my mother did, I grew up spending my summer vacations on the Island. When I moved from southwest Florida to Connecticut for schooling, I took advantage of my parents' home on Fishers and expanded by precious time here to include the Spring and Autumn months. Only the potential for freezing water pipes in my parents' uninsulated house keeps me from Fishers during the Winter. I have loved Fishers Island for all of my 23 years. My time here has instilled in me a deepappreciation for the island's natural beauty--beauty that I now feel is being threatened. So, I am writing to you. Specifically, I am writing about the application to pump a wetland made by George Lamborn (Wetland application no. 385). I have three concerns relative to this application that I would like to share with you. First, I believe the land from which Mr. Lamborn intends to pump water is public land owned by the town (Mr. Lamborn refers to the wetland as Mosquito Hollow). I do under- stand that Mr. Lamborn is merely trying to raise the water level by 8 inches or so in his pond on his property by engaging in this pumping activity a few times a year. But, I do not understand why Mr. Lamborn should be granted permission to help himself to a public amenity for what I understand will be strictly private use. What kind of compensation will the public receive for this water Mr. Lamborn intends to pump into his private pond? Will my brothers and I be able to go fishing and duck watching at this "Wetland habitat" that Mr. Bredemeyer claims Mr. Lamborn has created (refer to minutes of September 25th Trustees discussion)? Probably not. At the risk of sounding incredibly petty, the water from the wetland which Mr. Lamborn intends to pump is my water as much as it is his. I happen to like the water in the public wetland better than I like it in Mr. Lamborn's private pond. Second, I am greatly distressed that no one seems to know exactly, although many unqualified or non-expert opinions have been offered, what the effect of Mr. Lamborn's pumping activity, minimal as it may seem, will be. I realize that it would take an extensive and expensive--two words that strike dread into the heart of any overworked public official--study to determine the answer to this question. But, your title as Town Trustee suggests that I can rest assured George D. F. Lamborn Page 2 - Public Hearing - October 30, 1986 that you will do everything possible, no matter how extensive or expensive to protect land that is not only public, but land that is a wetland as described by New York State standards, land that is not to be violated. As well as I know and respect Mr. George Lamborn and Mr. Ray Edwards, I cannot agree with their assessment that the water Mr. Lamborn intends to pump is otherwise being "wasted" as it drains from the wetland into_the Long Island Sound. Nature doesn't waste anything. I too can stand on the beach and watch this natural overflow procedure, but watching doesn't tell me, for instance, how delicate the replenishment/overflow balance in the wetland is. I realize that the awesome responsibility of making long-term wetland decisions falls to you andthe other Trustees. I realize that you are not experts. Maybe it is time to amend the system and form a committee of experts that could provide yon with information in layman's terms to aid you when making such crucial decisions as those that will affect our wetlands. Third, what worries me the most about this entire issue is the precedent that will be set as a result of a careless decision made by the Town Trustees. If you permit Mr. Lamborn to pump water from a public wetland, what is to prevent the hypothetical Mr. Jones from pumping water from a wetland that exists on his private property to fill a pool he wants to build? If you permit Mr. Lamborn to violate a public wetland, but don't permit the hypothetical Mr. Jones to violate his own wetland, or a public one for that matter, Mr. Jones will un- doubtedly fake you to court. If you permit Mr. Lamborn and the hypothetical Mr. Jones to violate wetlands, how long will it be before ail of Fishers Island's beautiful wetlands are destroyed? It was my impression that by law, wetlands, publicly or privately owned, are not to be violated by anyone. So why is this application even being considered? Please do not make an exception to this obviously sweeping but foresighted law. Thank you for your time. Very Sincerely, Leslie O. Goss TRUSTEE JOHN BREDEMEYER: I'll read a letter from Steve Malinowski. I think the reason we are wanting to-read all of these letters, the people from Fishers Island do have difficulty getting over here. We may have additional comments from some of you here. At least in a sense of fair play we will hear from everyone. This letter is from Dr. Steve Malinowski, Fishers Island, addressed to Henry P. Smith. I am a year-round resident of Fishers Island. The natural, unspoiled, beauty of the Island was the main reason my wife and I decided to settle and raise our family here. We now have five children and look forward to using the Island as a natural laboratory to educate and hopefully cultivate an appreciation of nature among our children. After reviewing the Lamborn file I have several concerns, some of them relevant to this case and others more general in nature. My main concern is that the Trustees may grant Mr. Lamborn permission to pump based on testimonial speculation rather than factual information. While my background does include some training relevant to this case. I do not consider myself a freshwater wetland specialist. However, I do know that this is a technically complex problem and without first conducting a comprehensive study, even a hydrologist would not attempt to address the technical issues that have been presented as "facts" based solely on casual observations. Without a rigorous study we cannot know: l. Whether water pumped into the upper pond will end up in the lower pond; 2.) If the water escaping through the beach is "wasted"; 3.) The relative volumes of the two ponds; 4.) The volume and salinity of water flowing through the beach; 5.) The relative amounts of fresh and salt water in the lower pond (which is most likely stratified); and 6.) how to monitor the pumping. These are important George D. F. Lamborn Page 3 - Public Hearing - October 30, 1986 issues that need to be addressed conscientiously - particularly since the scant data that does exist suggests that many of the speculations that have been made in support of this project are incorrect. Please read Fuller, M.L., 1905, Geology of Fishers Island, New York, Bull. of the Geol. Soc. of America, (which is, to date, the only comprehensive study of the geology of our Island) to gain an appreciationof the complex geological history of the Island which included massive folding of the subsurface impermeable clays. As a result of this folding process, our Island does not have asingle aquifer, but rather a complex array of separate, noncoinmunicating aquifers. It has been suggested that groundwater communicates between the upper artificial pond and the lower wetland. Ralph Lewis and Dr. Frank Bohien, geologists from the University of Connecticut, disagree. Since the two acres are surface expressions of ground- water at different elevations, they theorize that there is no groundwater communication and the upper, artificial pond is probably part of a separate, perched aquifer possibly separated from the lower wetland by an impermeable layer of clay. If true, then water removed from the lower wetland will not return "by gravity" and if higher salinity water is pumped into the upper pond it may contaminate the upper aquifer. Also, the other large beach pond we have on the Island is stratified and the oceanic water that enters the pond forms a distinct layer on the bottom and does not mix well with the overlying water. If the Town-owned wetland in question is similar, then without looking at a verticle profile we have no idea how much freshwater is actually in the pond (is it 6" or 6') and surface salinities will tell us virtually nothing about salt water intrusion during pumping. Finally, it has been suggested that a bench mark be used to monitor the lower pond during pumping. The assumption here is that the level of the lower pond is extremely stable. This is highly unlikely and as a matter of fact on October 11, 1986 the level of the pond was approximately 8 inches below a more "normal" level as evidenced by the position of the water level relative to a darker band around the perimeter of the pond. Furthermore, if pumping causes salt water intrusion in the form of a dense stratified bottom layer, this will not be detected by merely monitoring th surface level of salinity of the pond. There probably is no easy way to monitor the lower pond during pumping. It is not my intention to present factual information to be used in your decision-making. Rather, I merely wish to point out that much of what has been presented as fact is unsubstantiated speculation and may not be correct. An educated decision requires much more information. Since the people of the Island have indicated to you (at our recent Civic Association meeting and in our 1985 questionnaire) that wetlands are an extremely important resource, please respect that interest by making informed decisions on activities that affect or could potentially affect our wetlands. Sincerley, Steve Malinowski, PhD., Marine Ecologist TRUSTEE ELLEN LARSEN: From John H. Thatcher, Jr., President, Fishers Island Conservancy, Inc., To Board of Town Trustees: Since our letter to the Southold Town Board of Trustees of September 20th, 1986, several developments of note have been brought to our attention in regard to the permit application of Mr. George Lamborn. First, we have learned from Southold Trustee John Bredemeyer that he has connected initial saline tests on both Mr. Lamborn's wetland private pond and the wetland owned by the Town of Southold. Mr. Bredemeyers saline measuremmnts may be inconclusive, but they raise an interesting point - would the pumping of brackish water from the Town-owned wetland turn the privately owned wetland salty? Judge Raymond Edwards, in speaking on Mr. Lamborn's behalf in the discussion on the matter held September 25th, 1986, said that John Bredemeyers measurements, George D. F. Lamborn Page 4 - Public Hearing - October 30, 1986 "proved that ghe upper pond water (Mr. Lamborn's) has more salt content than the lower. That is due to the evaporation of the water." (parentheses ours). Our Conservancy asks: What does this imply? Will Mr. Lamborn's fresh-water fish ali die as the result of repeated infusions of brackish water from the lower pond? Will the brackish water drain from Mr. Lamborn's pond and affect the salinity of the Fishers Island aquifer? Or will it drain out properly and affect nothing? We feel that these are very important environmental questions, and to our knowledge no one has yet attempted to answer them - and we feel they need to be answered, and answered conclusively. Secondly, we have found a remarkable amount of public sentiment on Fishers Island opposed to the precedent of anyone taking water from a town- owned wetland. A motion asking a vote on this point was made from the floor at the Fishers Island Civic Association meeting of October llth, 1986 and to the surprise of many the practice of taking water from a town-owned wetland was opposed by all people present. There were no votes recorded in favor. As the audience of over 140 people represented a substantial proportion and cross- section of the Islands off-season population, our Conservancy has concluded (and we think not unreasonably) that there is very widespread opposition and concern among Fishers Islanders over a possible precedent of this kind. And though Mr. Lamborn's name was not mentioned in the motion, his case might certainly seem to be covered by it. As_a result of these new factors in the overview, our Conservancy strongly recommends that the Southold Town Board of Trustees initiate and complete a full environmental impact study of the Lamborn proposals before any permit is granted. We request this step be taken to insure that both wetlands involved in the case are not being ecologically harmed unintentionally by the use of the permits Mr. Lamborn seeks, as well as to inform and re-assure the Fishers Island population as to the essential environmental facts of the case. A full and objective environmental assessment, in short, could certainly do no harm, and quite possibly a great deal of good to all parties concerned. As Conservancy concerned with maintaining the ecological soundness of Fishers Island and its surrounding waters, we feel strongly that in such a precedent-setting case (where we are also allied with the strongest setiments of public opinion) every precaution should be taken to protect fully the Island's rare and unusual wetland environment, and to re-assure the Island's residents that our goals (and theirs) are being fairly met and considered. We also ask that this letter be inserted into the official record of the hearing held by the Southold Town Board of Trustees an Thursday, October 30, 1986. For the Conservancy Board of Directors, John H. Thatchmr, Jr., President. TRUSTEE ALBERT KRUPSKI: From Frank W. Burr, Dear Town Board of Trustee Members: I am writing as a homeowner on Fishers Island and Vice President of the Fishers Island Civic Association concerning the above application. I urge the Trustees not to permit the applicant to pump water from the indicated spring fed pond to applicant's higher level man-made pond. Why? 1. There is no doubt that preservation is the highest priority of Island residents both year-round and seasonal. In a questionnaire sponsored by the Civi~ Association in 1985, all Island residents responded. Of those who responde~ 87% said "The most important objective of any plan for Fishers Island's future" were "maintaining the Island in its current state" and "maximum preservation of the environment". George D. F. Lamborn Page 5 - Public Hearing - October 30, 1986 2. At the October 11 Civic Association meeting attended by Messrs. Henry P. Smith, John M. Bredemeyer and Phillip J. Goubeaud, the 144 attendees unanimously expressed the opinion that approval of the subject application would be the wrong decision. The size and spirit of this group is highly representative of the majority. Justice Edwards' opinion on this matter is distinctly a minority view. 3. While this issue may seem insignificant given the small wetland involved, it is important to us. First, the precedent would be a bad one given our efforts to fully maintain the natural Island environment. Second, virtually all our wetlands are small by your standards. Size should not be an issue. 4. The judgement that the effect on the environment would be insignificant is based on an opinion. Certainly long term, third party testing should be required to fully make such judgements. While I appreciate the Trustees expertise in these matters as well as the expense of testing all controversial projects, I would hope that maximum caution would be deserved in this matter. In conclusion, I certainly hope you will deny the subject application. Such a decision would not be in step with the wishes of most people who enjoy Fishers Island. Sincerely yours, Frank W. Burr. TRUSTEE HENRY P. SMITH: We have one more letter that the Fishers Island Civic Association wanted read into the hearing, and we have alot more letters and they will be put into the official record of this hearing. Will you read that last letter that was requested to be read into the hearing? TRUSTEE PHILLIP J. GOUBEAUD: Dear Mr. Smith: The Fishers Island Conservancy is concerned over the possible environmental impact of Mr. Lamborn's plans for pumping water from a Town-owned wetland up to his own private man-made pond and using said water for the purpose of filling and keeping filled this same private pond. As we are currently under the New York State Department of Environmental Conservation Wetland Classification #1 (unusual local importance), any tampering or disturbing of a Fishers Island wetland needs a permit not only from the Town of Southold, but from the New York State D.E.C. as well. (c.f. Article 24 of the New York State Environmental Conservation Law known as the Freshwater Wetlands Act: especially Title 7 of that act, Section 24-0701 paragraphs 1 & 2; Section 24-0703, paragraph 5' and pursuant to Article 24- part 664.7 (c), paragraphs (1) and (2). Guided by these regulations, we feel that an unfortunate precedent would be set if Mr. Lamborn were allowed to proceed with his plans without the chance for review by the proper State Conservation authorities. In fact, it is for Mr. Lamborn's own protection, lest he be found in violation of existing State Laws. Therefore, we recommend without hesitation that he submit his plans to the New York State Dept. of Environmental Conservation, as well as to the Town of Southold, for their evaluation. In lieuof our appearance, kindly read this letter into the minutes of any hearing or meeting scheduled for September 25th, 1986, in/re the matter of Mr. Lamborn's permit application. For the Board of Directors, John H. Thatcher, Jr., President, Fishers Island Conservancy, Inc. TRUSTEE SMITH: Thank you. We have other letters from people on Fishers Island that will be put into the official record of this project. Does anyone else have any comments they wish to make against this project? George Do F. Lamborn Page 6 - Public Hearing - October 30, 1986 JOHNATHAN KIBBE: I am a lawyer with a Law Firm of Grais and Richards at 140 Broadway, New York. I represent here tonight the Fishers Island Conservancy. Grais and Richards has been retained to represent them in the application of Mr. Lamborn. As you know, the Conservancy is a not for profit organization dedicated to the preservation of the natural resources of Fishers Island. As you have stated so far this evening, by application no. 385, Mr. Lamborn seeks permission to pump water from a Town owned wetland to an artificial constructed pond on his property for reasons which have been developed in the correspondence that has been received today. The Conservancy respectfully requests that Mr. Lamborn's application be denied at this time. Mr. Lamborn is a respected member of the Fishers Island Community. However, we feel that in light of the precedent that could be set by decision, permitting this to go forward, that the application should be denied. As the many letters have pointed out here tonight, there is quite a bit of confusion regarding the nature of the project, and the long term affects of the project. Previous testimony here on the September 25th meeting indicated from anecdotal evidence that dogs have drunk water from the wetland. I know that there has been some salinity tests conducted by the Trustees, which have raised anomalous results. The sentiment on Fishers Island, as far as the evidence of the motion of October llth, long after the summer season had ended, of concerned people, of over 150 people, that this type of request be given the highest consideration by the Town Trustees. The numerous surveys that have been conducted by the Civic Association regarding the priorities of the people on Fishers Island indicate, I think, that this is a matter of great concern. It seems like a small project it seems like a minor project. Fishers Island itself is 3,000 acres. There are 500 homes on Fishers Island, 70% are seasonal, 300 people or less live ail year round. In the summer the population swells to 3,000. This is a unique case and these wetlands have a unique significant local importance. We respectfully request that the utmost care and concern and detail study be provided with respect to this project. We don't think that because it is a small project it should be given a cursory review. A large project, and a large review will answer questions, and Mr. Malinowski pointed out in is letter the last detailed study of the geology of Fishers Island was done in i905. It pointed out that the acquifer on Fishers Island may be separate and not continuous. These are very basic questions which have not begun to be answered yet. Your assistance, and the assistance of the Town in helping us to get the answers to these questions will help Fishers Island plan for its growth and the future and that we may proceed on a more comfortable level, secure in the knowledge that what we are doing today will not have a long term negative impact on the very fragile and unique environment of Fishers Island. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say about this application? STEVE LATSON: Steve Latson, Southoid Town Baymen's Association. Last week- end I had the privilege to be out on Fishers Island to help transplant some scallops on the North West Harbor, which was very successful by the way George D. F. Lamborn Page 7 - Public Hearing - October 30, 1986 and we took a look at the Lamborn project. The first thing that you notice is that this man dug a hole on your town road, cut a town fence and has pipes and electric wire running down to a town wetland. This seems pretty strange. I don't think that this has been addressed first of all. I think that everything else has been addressed by the letters. I would say on personal observation that the lower pond is beautiful. At this point of time I would say it is 8 to 10" below its full capacity. I would suggest the real issue here, I think is that Mr. Lamborn should look for another source of water. There are many routes to go. He could develop a cistern on the property, he has quite a few acres. In Europe they do this regularly. I really think that this is an answer to this project. Our Association is totally opposed to pumping out this lower pond. It is pristine. Any question of damaging is out of the question. Thank you. HENRY P. SMITH: Does anyone else have anything to say against this application? (no comment) Does anyone have anything to say in favor of this application? RAY EDWARDS: My name is Ray Edwards. I also want to put into the record alluding to Mr. Burnham's comment in there that I misrepresented my constituents on the Island by favoring this project. I would like to pat into the record that I am not representing my constituents on the Island, that I am representing Mr. Lamborn. Also, I have another letter in here, that I would like to read into the record. It is from Henry L. Ferguson, III who is the past President of the Civic Association and he is the gentleman that put the motion forward on the floor to that disasterous vote that should have not have been there, because it was not a public hearing. I would like permission to read this into the record please? TRUSTEE SMITH: Nodded yes. RAY EDWARDS: October 17, 1986, Mr. George Lamborn, Senior Vice President of 1 New York Plaza, New York, New York. Dear George: At the Civic Association Meeting last Saturday of which I am no longer an Officer or Director there was some discussion about your application for a permit to pump water from one pond across the street into a wetland on your property. In order to get a sense as to how those present felt about the precedent I offered a motion that there be a vote as to whether those present approved the precedent of permitting the pumping of town owned pond onto private property. Obviously I had no idea how those present felt other then those that made comments. HOwever, in light of one persons subsequent remark to me I have had some second thoughts about the motion. While I continue to see benefits from getting a sense of how those present felt in hindsight I feel that the motion could have been viewed as something on which it was difficult to vote yes. I think that it is important that the process be fair. I want to apologize If I had made the motion less spontaneously I might have phrased it differently. Harry Ferguson, past President of the Fishers Island Civic Associatio~ I can honestly say that I have been associated with this pond all 60 years of my life. I have skated on it. I have eeled on it, I have fished on it and I have enjoyed it~ I walk the beach to the island at least once a week. That is more then I can say for alot of the people that wrote the letters. I am a conservationist, but my blinders are out. I do not look down a narrow tunnel. Ail I can say is that I approve of this project, I would like to see it. As Councilman Kibbe said maybe it could be monitored. Maybe we could see how much water is in there? Fishers Island wants to do a hydrology study, maybe this George D. F. Lamborn Page 8 - Public Hearing - October 30, 1986 could be part of it. I just hope that the Board of Trustees also have open blinders when they make a decision on this project. Thank you. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say on this application? JOHN KIBBE: To correct the record, I didn't mean to suggest that we should do a project, to monitor the project as it goes along. I meant that we should have a study before the project gets started. I may have been unclear from Mr. Edwards remarks appear on the subject. Thank you. TRUSTEE HENRY P. SMITH: Does anyone else have anything to say on this application? GEORGE D. F. LAMBORN: I am George Lamborn and I would like to give you these pictures to look at as the evidence. Those pictures are of the area that I have (tape unaudible). I would like to read into the record a statement. First of all I would like to thank the Trustees for their time and effort you put into this little project. I am sorry that it got a bit out of hand. I apologize for the unnecessary flack that you have been the recipients of from some ignorant people who probably mean well but would not take the trouble to do even the most basic investigation. I know that you have a long agenda tonight so I will try to be brief. My purpose of coming directly from Chicago today, to attend this meeting is only out of respect of the efforts of you Trustees having (unaudible) of Fishers Island. I will cover these three subjects: First I will correct the facts and inaccuracies in your records. 2) I will discuss Judge Edwards and 3) I will explain my request for Conservation. First let me explain the most important inaccuracy. There were derogatory statements made by Mr. Steve Latson, Secretary of the Southold Town Baymen's Association. Mr. Latson made these statements at the request of Mr. Steve Malinowski of Fishers Island. At the time he made those remarks to you, and these were not remarks he made tonight, he had never seen the project. Mr. Malinowski never discussed his thoughts with me. I finally did talk to him recently and I told him, you know if I wanted to investigate him if he had permits for clams or whether or not he is commercially claming on residential property, I will talk to him first, before I'll make a complaint to you. I want to go on the record and read some quotes from excerptsfrom your September 25th meeting. Mr. Bredemeyer, I guess I really don't see the significance of it because the pond is already subject to a £ertain degree salt water intrusion through that barrier, its tidal events. Looking down the road the applicant has created a wetland habitat. Trustee Krupski: He has enlarged a wetland habitat. Trustee Larsen: He has actually destroyed a wetland habitat. He went in and dug it out, lined it with bentonite now he can't maintain his water level. It was a wetland that was fine on his property, now he has changed it. The statement made by Mrs. Larsen was factually incorrect. Although I think Mrs. Larsen also received her information from Mr. Malinowski, and Mr. Malinowski may have thought it was accurate. In fact the statements on the record are factually incorrect, malicious, damaging and libelous. Let me give you some history and describe what was incorrectly called a wetland, a swamp and a pond prior to 1984. Sometime during the First World War a road was constructed. This is called Beach Front Houses. The road was terraced from a hill where my house is and runs straight down Mosquito Hollow. After this road was built it had some weak spots, called sink holes. In order to fill them up, they excavated on my property and created some excavation holes, four of them, about the size of one pick up truck. At the site of my present pond, one of these man made excavation George D. F. Lamborn Page 9 - Public Hearing - October 30, 1986 holes it was made for the road fill, as I said about the size of a large pick- up. That was not a swamp, therefore it was not a pond it was not a wetland. In 1984 I enlarged this little hole, I might point out in September 1981, July 1982, July 1983 this hole was bone dry. It only retained water for a few days after a heavy rain storm. In 1984 I dug it into a pond, I added bentonite and in 1985 I enlarged it because it was basically to small, it wasn't deep enough the water got hot and the water got stagnant. I want to repeat again it was never a wetland habitat until I made one. Therefore, Mrs. Larsen your information which I believe came from Mr. Malinowski is factually incorrect and my statement correctS that inaccuracy. I am sorry, Trustee Larsen, that I have to single you out, I am sorry that you were given inaccurate information but you must understand that I am a strong believer in Conservation and my reputation i~ being soiled by your statements on the record. I did not destroy any part of the wetland or the environment. Please except my apology for having to make that statement. Years from now I want my record clean. Now, regarding Judge Edwards. There has been an implication that Judge Edwards is on my payroll. And thats why he has been for this. I think this is an absolute disgrace. I went to the Judge because he is a resident of Fishers Island and I asked his opinion when I got into this pond. I asked his advice. He is not on a retainer of mine, and never has been. I have no commercial business with Judge Edwards. He felt my project was good for Fishers Island. It is repulsive to me that some members of the Civic Association tried to'make a dirty political issue of this because he made comments that were in support of my helping improve the environment and obviously beautifying our Island as you can from the pictures I took last Saturday and I have logged with you. Now I will get to the reason forTthe req~st to pump from Mosquito Hollow. First of all my study of Mosquito Hollow is to keep a constant level. There's natural springs, the springs raise the level, the level reduces when the tide is iow and the water runs into the ocean. Now the tests that you refer to in one of your statements from the salinities were made after the hurricane. I was there durimg ~he hurricane. Alot of water came over the barrier. Aiot of water was blown in and that is where the salt water got into my pond. Not from .... UM .... Th~ts obvious. I have two wells. I can pump ali of the water I want. So it is a matter of kilowatts to me. Your decision as far as I'm concerned is, we go along with Lamborn's interest as a Conservationist to save well water in the aquifer and use what is going into the ocean as waste? Or do we listen to a bunch of uninformed people, that would be better served worrying about building, ridiculous school costs, lack of fire barriers on the Island, Airport procedures, Connect£cut piracy of our lobsters, infestation of Japanese~.Beetles, gypsy moth's convoy. I spent my first summer on Fishers Island commencing in 1935. I have made an investment for my family to continue to live ghere. And I have not monkeyed with the environment. I am fed up with the criticism the Trustees and I have received in this issue. I have tried to give this group a good example of Conservation and respect to the land to follow. Now it is your decision to make. Waste my well water, or save the waste water? Obviously I will monitor personally any situation in regard to Mosquito Hollow on my newly created pond. Thank you very much for your time. TRUSTEE HENRY P. SMITH: Thank you. Does anyone else have any further comments? STEVE LATSON: Steve Latson, Southold Town Baymen's Association. Steve Malinowski never directed me to say anything. I got some information from him and from other people. I would like to know what the derogatory remarks I made about Mr. Lamborn George D. F. Lamborn Page 10 - Public Hearing - October 30, 1986 are? GEORGE LAMBORN: You made a derogatory remark about it, it's safe to say, about the pond, being against it at the meeting not the last one, the one before that. You were asked after that meeting where you got your information and why you made those remarks? You said that you got them from Steve Malinowski. Now, I would not have any objection to you making any of those remarks if you asked me, no, I didn't object to you when you just walked up on my property last Sunday, just boldly, on private porperty to look at the geese feeding there. I didn't throw you off. I think that you might have said are you Mr. Lamborn I'm looking around and I don't like the project. But you didn't have the courtesy you walked up as bold as can be right on my property. I was kind of amazed. STEVE LATSON: I would like to redefine what we did. We walked up the enbankment of the road. Wa never walked on his property. We never got down to the pond. We were never more then 5 feet from the roadway and I'm sure the right of way there is at least 30 or 40 ft.? At the time he brought down a can of a couple of gallons of corn and threw it into the pond. So of course the geese like that idea. I think you should look for your own source of water and not take it from this wetland. That is the ~eal issue here. This whole thing could have been avoided if you haven't already trespassed on public land and put a pipe in just off a public road cut a public fence. GEORGE LA~iBORN: I didn't do that without permission. TRUSTEE HENRY P. SMITH: Please speak one at a time. STEVE LATSON: A couple of more points I would like to make on the two ponds. Potentially, Mr. Lamborn's pond could be very nice, but not at the expense of the public water. The public pond is very beautiful now. It is very clear water. Mr. Lamborns pond is very chalky in color. I saw no chalkyness in the water from the lower pond which indicates that there is no connection between the two. There are alot of natural grasses growing in the lower pond. It's unbelievable I could go on and on with the thing. TRUSTEE HENRY P. SMITH: Thank you. Mr. Lamborn would you like to make a comment on this? MR. LAM-BORN: I'm not obviously going to make to much on this issue. He was 5 ft. off the road, on my property. The other thing you have in the file the letters of permission I recieved to go under the road and put the pipes there and do all the things I did. Now, if you really wanted to go into this t think you would of looked at the file and he would of read it and maybe he would have called me and asked what I was doing? I would of have been happy. TRUSTEE BREDEMEYER: If I might ask a question? Looking down the road again if this Board were to grant you a permit at some time in the future based on drawing surface water which is over town owned land, would you be willing to not unreasonably deny residents from the use of that pond for various reasons of fishing, bird watching or enjoyment? GEORGE LAMBORN: No, I have never denied anyone our p~operty there. I am lucky enough to have eight acres. People walk through it, look at it. When I bought that property it was impenetrable. It had locust trees with vines ail over it. George D. F. Lamborn Page 11 - October 30, 1986 I cleared it. I beautified it. I have never kept anyone off of my property I have no intention of doing that. Maybe I should not say that~ Maybe I'm developing that! No, obviously I did not put that pond there to look at and no one else. TRUSTEE BREDEMEYER: Another question Mr. Lamborn. Conceivably proper monitoring would require a cost which could be greater then that that you would have to use in drawing water from your existing wells or to develop a new well. At this point are you able to share with us the fact, that as a matter of principle you would perfer to be part of an expensive study, either environmental for an approval or as part of a working permit that puts you under a performance standard to if you will in other words to establish that there is not going to be a problem. And that this cost may far exceed the cost of using the existing supplies. There seems that there is such overwhelming sentiment now that there seems to be incongruous because we hear that they want to do water studies over there to protect their drinking water aquifer and at the same time they seem not to like your project. What I'm saying £4 it is going to cost more money for you possibly to just handle routine monitoring under a permit then drafting from your existing water supply. GEORGE LAMBORN: It is easy for you to deny the thing then to tell me to pump out of my well. I made this application because I thought that in the interest of Conservation it was really ridiculous to waste well water that I have. I am sorry that this is in your lap. I will be happy to monitor the level of Mosquito Hollow. It will be very easy for me to do that. I will do that accurately, I am sure not to do anything to ruin that. I live there. I Nave spent a ton of money there. I have put in more money into that Island then anyone else, being a new resident, in a long time. I am not going to spend alot more money. I have no intention to doing anything that will hurt. You have the letters from me Henry, that say that. And if someone will step forward and say "This is it" instea~ of all of this conjecture. You have to make the decision. Just say "Pump it out of the well" I'll pump it out of the well. TRUSTEE BREDEMEYER: I'm thinking of the practical terms. The salinity tests through a private independent lab may cost you $30.00 to $50.00 a pop. This Board, anything we would do I can't see any responsible person with experience not recommending at least a few samples from the upper and lower ponds. But you do that kind of testing over a very short period of time and the cost to you far exceeds the cost of developing the well or pumping from your existing water system. GEORGE D. F. LAMBORN: If pumping from Mosqaito Hollow is going to do anything to the environment I would like to be the first one to know about it. Ail these people in the interest of conservation really don't know what they are talking about. Ail you have to do is walk there and see all of the water pouring back into the ocean every day. This is ridiculous. TRUSTEE KRUPSKI: Maybe it would be in the best interest of everyone to hmve some detailed study done on this in the form of a Draft Environmental Impact Statement so that we all would have the information. Then we could make a good decision on this. TRUSTEE LARSEN: Ail questions would be answered prior to giving permission for George D. F. Lamborn Page 12 - October 30, 1986 pumping. If you go ahead, and we allowed you to pump now, you may be stopped from pumping a month from now. Because of intrusion of salt water, accretion of fresh water supply from the top of the pond. Sudden drops in the level of the existing pond. One of your comments were that you were a resident of Fishers Island since 1981, I believe and stated that you have never seen a significant drop in the level of the pond. Well, I'm not a resident of Fishers Island and I made a trip to Fishers Island, in May with Al, and the level of the pond all of the freshwater ponds on Fishers Island were extremely higher in the Spring then they were on the visit I made to Fishers Island this weekend. I witnessed the bench marks around the rocks on the lower pond and they are substantially lower then they were in the Spring. With only myself looking at that pond two times in my life I was able to ascertain also a phototypography to show the level of the pond does not stay the same all of the time. Now, your initial application stated that you wanted to pump the pond three to four times a year. But your letter of July 24th, you state that you want to pump the pond 6 to 8 times a year. So I have no idea, as a Trustee sitting here how many times you intend to pump that pond and two to what volume the pond will be pumped and three who~will draw the line as to when the pond is to low to pump or when it is to high? Or will a low pond being pumped ever be able to replenish itself to its normal level because of the pumping? These are simple questions as far as monitoring goes that could never be worked out unless extensive studies are done by p~ofessionals better then the people on the Board sitting here can ascertain. TRUSTEE BREDEMEYER: I wouldn't start getting a feel on the experience of this Board and water. Henry is a licensed plumber, you have someone involved in agriculture who drafts water regularly and my job has me doing a little bit with water also. so. TRUSTEE LARSEN: Also, in your comments, uh, referring that you had all of the prior permissions to go down and cut through the fence and to put the pump in you said check the record and read the record and investigate the file you would have seen that I had everything I needed Locally before I went into the pond, but in the October llth Fishers Island Civic Association minutes, that we have a copy of, Chip Dupont says the Ferry District gave Mr. Lamborn permission after the fact. The District had no prior knowledge that a pipe was put under the road. The road is not a town road, even though the town maintains it. We had no objection since it appeared that there would be no environmental impact. The pond is tidal so the water is augmented by sea water. GEORGE D. F. LAMBORN: The permission that we had gotten was from the people who maintained the roads. TRUSTEE HENRY P. SMITH: I think you got that from the Highway Dept.? MR. GEORGE D. F. LAMBORN: The Highway Dapt. or whatever it is? TRUSTEE GOUBEAUD: That was after the fact. GEORGE D. F. LAMBORN: No that was before the fact. After that was done, someone said that we needed permission from the Ferry District as well to go under the road. Well I didn't know that I needed permission. Neither did the Ferry District know at that point that I needed permission to go under the road. George D. F. Lamborn Page 13 - October 30, 1986 I got permission from the people that I thought were the right people to get permission to go under the road, so. I don't want to make an issue of that. I have looked at Mosquito Hollow and I havenJt seen the changes in the levels of the pond, Mrs. Larsen, that you indicated you have seen. TRUSTEE HENRY P. SMITH: I think that is probably a seasonal rise and fail of the pond. It happens around here ali of the time. GEORGE D.F. LAMBORN: I started my statement by apologizing for putting you all through this. Ali I did was in the interest of Conservation. The thing has gotten out of hand. I'm not trying to get you people into a pickle because you have some people out there making some static, and probably don't know what they are talking about. Whatever your decision is I'll live by that decision. I will know in my conscience I made the right application, that's the only reason I did it. TRUSTEE HENRY P. SMI%H: Thank you. Does anyone.else have anything to say on this application? MR. MICHAEL HALL, ATTORNEY: My name is Michael Hall and I am here tonight on behalf of Mr. Lamborn. I will be real quick as it seems that everything that needs to be said, has been said. Trustee Bredemeyers question a few minutes ago was the first ~ime that I have heard any positive comments tonight. That there is a new wetland created or a new wildlife environment created.' This is a positive thing. Alot of people in their letters oppose this application and I agree with your initial concerns. The concerns about the precedent concerns, you let one person do it, you have to let everyone do it. If you let one person do it under very narrow guidelines very specific performance standards, and then if someone wants to do it under the sam~ guidelines and performance standards he might be able to create another positive thing. There could possibly be another recreational area created. Over the long run, I just want the Board to be aware of "You have a hot potato in your hands". And that's acknowledged, but it has as many positive aspects I thine as negative. Thank you. TRUSTEE HENRY P. SMITH: Ome thing I would like to say is that we have been loosing wetlands pretty regularly right along. This might be an opportunity to gain some- thing. JOHN KiBBE: I would like to make a few comments to Mr. Halls remarks, and to Mr. Smith following up on your remarks. New wetlands are not created by pumping water into the bentonite lined clay pit. You can always have ducks and geese landing on water. You create a wetland with a vital mass. A A real wetland is not created over night. Wetlands generally do have mosquitos there. I have never heard the word MOsquito Hollow other than at this hearing. The correct name for the wetlands is South Beach Road wetlands. It is on the Parade Grounds. The precedent value that we are trying to establish here tonight is not whether or not Mr. Lamborn can go ahead with his project. It is what degree of testing and scrutiny will be applied prior to allowing Mr. Lamborn to go forward with his project. I think this meeting demonstrates why the Trustees perform such an important function. We are tyring to raise this from a personal dispute, a heated "Hot potato", as Mr. Hall commented, tO an objective factual criteria. The Conservancy and all people on Fishers Island can be persuaded. They are George D. F. Lamborn Page 14 - October 30, 1986 rational people, they can be persuaded by facts put together. Facts that do not have holes in them. Facts that take into account seasonal variations over a long period of time. These are rational people who are extremely knowledgeable contrary to Mr. Lamborn's assertions on Conservancy issues on land that they love and land that they want to continue to maintain. I think the real precedent here tonight is not this project, whether it goes forward or not, the real precedent is what standards the Trustees will make people live up to before they start playing with wetlands which exist. TRUSTEE HENRY P. SMITH: Thank you. Does anyone else have any further comment on this application? No comment from the audience. Then I will close this public hearing in the matter of George D. F. Lamborn. For the record there are several letters which were submitted and entered into the file which have become part of the public hearing. (see attached copies of same.) Hearing closed at 8:36 P.M. Submitted by lle~e~Pfifferli~g The I~ishers Islend Civic Associ~l:ion, Inc. FISHERS ISLAND, NEW YORK 06390 October 25, Mr. Henry Smith, Chairman Southold Town Board of Trustees 53059 Main Road Southold, NY 11971 1986 Dear Henry: I realize you and two of your associates, Mr. Goubeaud and Mr. Bredemeyer attended our Fishers Island Civic Association Meeting on October 11. I am sure that you got a sense of how concerned everyone is on the Island about the environment. Specifically, the difficulty Ray Edwards got himself into on the Lamborn situation should be related to all of your other trustees. I am attaching the relevant part of the minutes and I will forward a copy to all of your fellow trustees. I regret that Judge Edwards apparently misread the feelings of his constituents and it is fortunate that you.were at the meeting on the eleventh. Please make a point of joining us again at our January 31, 1987 meeting. I hope that we will also have several members of the Town Council here at that time to hear the early outline of the Fishers Island Growth Plan. Many thanks for joining us on October 11, and we look forward to see you again. Sincerely, Brad Burnham President, FICA John M. Bredemeyer, III Phillip J. Goubeaud Albert J. Krupski, Jr. Ellen M. Larsen Eileen Pfifferling, Sect. The Henry L. Ferguson Museum Fishers Island, New York 06390 28 October 1986 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Dear Sirs: This letter is in reference to a permit application submitted for purposes of pumping water from a natural pond into a private pond. It was submitted by a resident of Fishers Island, NY. In recent years, a Land Trust was formed by the Henry L. Ferguson Museum on Fishers Island for the primary purpose of protecting ecologically sensitive areas. The members of the Museum Board were genuinely concerned by the accelerating rate of development on the Island, accompanied by destruction of wildlife habitat, and wanted to insure that as much of the environmental integrity and diversity of the Island as is possible is preserved. Included in this category~ quite obviously, are the Island's ponds and wetlands. We therefore feel that, as a matter of policy~ the withdrawal of water from a natural wetland area for private purposes should be discouraged. We hope that the Board of Town Trustees will support this view in this instance, at least until a thorough and scientific evaluation of the site(s) in question has been made. Thank you for your consideration on this matter. Sincerely, Charles B. Ferguson President CBF:ftp t.,w ~' , [ w4 o T' 1,"o -re_. July 24, 1986 The Board of Town Trustees Southold Town Hall 53095 Main Road Southold, New York 11971 Gentlemen: I have received a copy of the minutes from the discussion that took place on May 29th regarding my wetland application. I have attached a marked up copy of these minutes. With regard to Trustee Larsen's opening comment, it is true that my pond has become a natural wildlife habitat. This year two families of mallards chose the pond to breed and mature in. It also has a population of about 20 large mouthed bass and a collection of turtles, two families of muskrats, and constant visits of geese and ducks. With regard to Trustee Krupski's comments. I did add bentonite to the soil, but in enlarging the pond I distributed that throughout the pond and might have to add more bentonite. The fact is the bentonite worked very well and covered the bottom of the pond. It was applied during the time when the pond was frozen. When the ice melted the bentonite sifted into the water and was evenly spread across the bottom. With regard to the casement~ it was designed ~only to hold the sides and not really to act as a guard for water seepage out of the pond. It does, however, prevent some water seeping from the sandy side of the pond on the southwestern corner. With regard to completely filling the pond three or four times a year that will not be necessary. The pond would only be filled a few inches at a time and probably a maximum of six to eight times a year. The side of the pond is lined with plastic. The plastic does not look like bentonite. The next comment by Trustee Krupski with regard to the sand barrier. The sand barrier is actually one hundred feet wide and water 'hoes not seep from the ocean into the pond. To the contrary, fresh water is constantly seeping out of the pond into the ocean, which is why any water that I would pump would have been lost to the ocean in any event. Comment by Trustee Bredemeyer. There would be virtually no evidence that would show I had depleted any water out of the lower pond. The lower pond has a surface approximately 70 times my surface, and as I said, I wish only to pump a few inches at a time to maintain a level in my pond (that is a few inches in my pond). The amount from below would probably not be measurable. Trustee Krupski mentions he wants to fill a pond which is empty. This is not the case, the pond is virtually full and it only needs to have the level raised about 8 inches. There has been no water pumped since April. - With regard to Trustee Smith's comment about letting me experiment for a year and Trustee Krupski, "who is going to monitor it?" I would suggest that you trust me not to be excessive and to allow me to monitor. Obviously I would not have built this pond if I were interested in spoiling the environment. Again, it is important to know that fresh water seeps out the lower pond into the ocean every day. Trustee Larsen makes the comment that if there is a drought the only way "he" could maintain the water level would be to draw from the lower pond. This is not the case. I have two very good wells and could pump water from them. In my opinion, however, it is far better for the environment to draw water which is being "wasted" rather than deplete a good well that we do not know where its sources are. During the draught this year the pond went down about a foot and then filled about 4 inches when it rained 2 weeks ago. Trustee Bredemeyer comments that I did hit some clay. The fact is I did hit a fair amount of clay and it seems only one area has some sandy soil which is where the water seepage takes place. Again I note that the Trustee Bredemeyer says a good well would stabilize the water level. My experience in the past has been never to use a well unless absolutely necessary. I do not see the necessity in using good well water when a surplus of water exists so near to me and water that is being wasted. Further, any seepage from my pond would return to the lower pond. Trustee Smith says that I would put the "burden on the applicant. "Rest assured that I will not abuse any permission that you give me and will monitor the situation properly. Trustee Goubeaud notes that I am going to be draining off salt water.. I am not going to be draining salt water. Also, Trustee, please"be aware of the fact that the "Mosquito Hollow" pond has never been lower or higher than the basic level that it is now. I have monitored that level for the past few years when we have had droughts. Earlier this Spring during our drought my pond dropped approximately one foot before we had good rains. The lower pond did not drop at ail and again proves the continual spring action that takes place there that causes the water to overflow out to the ocean. I note from Trustee Smith that you may draft a letter. Perhaps this letter will answer your questions. Trustee Bredemeyer suggests that with the dry spell we are having maybe "he" will have time to reseal the bottom of "his" pond. The fact is that I could put more bentonite into the pond this winter, but the pond has about four to five feet of water in it now and will not drain itself. · When I cleared the laBd in front of our house - approximately five acres I did it in such a way that all water drains into the pond. This helps maintain the level of the pond very well. During the worst drought we have had since the pond has been in (that is four years) the level has never dropped to a level where the bottom showed. In very heavy rains the run off goes right into the pond and quickly raises the level. I regret the fact that in my application there seemed to have been some confusion. I thought all of the letters that I have sent were quite clear and explained the environmental questions and my request. I apoligize for any comfusion. Gentlemen, again I say all the water I want to use out of the pond would be surplus water from that pond that is going to go into the ocean anyway. I appreciate your attention and your help in this regard. Please rest assured that I am only interested in improving the environment and having more wildlife on my property. Sincerely yours, George D. F. Lamborn Senior Vice President Manager of Futures CC: Henry P. Smith President John M. Bredemeyer Vi~e President Phillip J. Goubeaud Albert Krupski, 3r. Ellen M. Larsen ONE NEW YORK PLAZA. NEW YORK, NEW YORK t 0004 (2121482-7276 GEORGE D.F. LAMB©RN SENIOR V~CE PRESIDEr,IT ono MANAGER OF FUTURES April 1, 1986 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 To Whom It May Concern: In 1981 I purchased property on Fishers Island and spent the next two years clearing out vines and rebuilding a house which was desperately in need of repairs. As near as I can figure out, during lVorld War II certain land was excavated from what is now my property to build a high spot for a road along the shore. The indentation that was left on my property occasionally would w{ll up with water during the wet season and create a n~ce place for mosquitos to breed. By the end of July it was completely dried out. L excavated this into a pond in 1983. The pond level held until (what I think were) muskrats burrowed into the hill and caused some drainage, t added S tons of bentonite which helped seal the pond. In the fall of 1985 I excavated the pond further spreading the bentonite around and deepening it. I also put a liner around the edges to help hold the water. This pond has brought in a lot of wildlife, and we have had two families of mallards each >'ear. This past winter the water level fell and I decided that in order to maintain a reasonable water level I would need to get permission from the town to go under the road with a pipe and occasionally pump (Continued...) Board of Town Trustees April 1, 1986 Page Two water from the fresh water spring pond below me known as biosquito Hollow. The water level in Mosquito Hollow seems to maintain a very constant level, which indicates that it is filled by natural springs and seeps out through the sandbar to the ocean when the water level gets too high. My request is to have permission to pump water from this pond occasionally to fill my pond. My pond is above Mosquito Hollow and any seepage would return to the source, that is, Mosquito Hollow. If you have any questions regarding the pond, I would be more than happy to answer. Thank you for your k~n~d~_~n~fderation. Sincerely },ours 9., 1986 Dear Sirs I am writ~-8 the board as a property owner ~ Fishers Island, N.Yo since 1969. Our cottage ~s situated on Beach Ave. oppesite Ferry Dlotric% property, extending to the sound on Somth beach. Th-is ~--~ is protected by a6 foot chain fence. The property includes a large pond and w~*s habitat~ designated as Wet La.de T~" Ferry District property~has been violated by a Mr. Geroge DeF. T~mborn~ thr~ a lc~al Mr. Lamb~rnes property is located on O~ean View Ave.~ adJ~ining c~r property to the ~c~he Mrs T~mb~2~l BaS sums time been t* main%~- a sm.~ man made pond on his property. Last year a well was dug, with a permanen% well headkeep alonghis pondBeachfilled.AVe' This we3J1 has not been sufficent to Last week on ~!--eh 8 , 1986 I fc~ the to.n road had Been trenched and patched, opposite Mr. Lambea-n's ~11 head..Ex~ending from this trench is a 3 inch undergroma~ water pipe an~ underground three lead electric wire° T-%e f6rA:y Distric% eb=~n fence had been cut, allowing this pipe and electrio wTrs thru and placed undergrc.,r~ to the Wet Lands p~ndo The pipe and wire extend into the pond and connect with fl~a% ~ater pump measur~n8 three feet square of wood construction. I tb~,~ it aah be concluded that Mr. Lamborn intends to pump this pond hack to the well head at the road and int~ his pcndo It is ,mfortunate that a wry few Fishers Island residents smch as k~ Lamborn disregard and violate the law, f~ their own purposes. I have contacted Mr Reynolds DmPont J~. and Mr Raymond D~yen, of the Ferry District ~ as to an~ prior permission given to Mr. Lamborno There ~s none. I trot the board wi/1 investigate this matter; and take appropriate action as soon as possible.