HomeMy WebLinkAboutTR-06/24/1998Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hail
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTE S
June 24, 1998
PRESENT WERE:
Albert J. Krupski, Jr.
Jim King, Vice-Presiden5
Henry Smith, Member
Artie Foster, Member
Ken Poliwoda, Member
Jill Doher~y~ Clerk
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wed., July 15, 1998
NEXT TRUSTEE BOARD IViEETING: July 22, 1998 a5 7p.m. WORKSESSION: 6:00
p.m.
APPROVE MINUTES: Approve minutes of May 28, 1998 regular meeting.
A motion was made by TRUSTEE SMITH and seconded by TRUSTEE FOSTER to
approve the minutes.
I. MONTHLY REPORT: The Trustees monthly report for May 1998: A check
for $5,367.09 was forwarded to the Supervisor's Office for the General
Fund.
II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's
Bulletin Board for review.
III. AMENDMENTS/WAIVERS/CHANGES:
1. JOHN F. RUSSELL requests an Amendment to Permit e766 to have two
4' X 20' floats, a 4' X 12' ramp and add 4' X 30' to catwalk, proposed
dock will not go out further then the neighbors. Located 3145 Oaklawn
Ave., Southold. SCTM #70-6-7.
AfTer discussion of what was applied for a motion was made by TRUSTEE
KING and seconded by TRUSTEE FOSTER Lo approve one 6' X 20' float, a
4' X 12' ramp and a 4' X 66' to go no further out then neighbors. ALL
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AYES.
2. John Geideman on behalf of EUGENE KESSLER requests an Amendment
to Permit ~398 to extend length of float 30'to better accommodate the
use of pleasure boat. Located 1825 Gull Pond Lane, GreenporE. SCTM
#35-4-15.
After discussion and also second inspection on the property on 6/17 a
motion was made by TRUSTEE KING and seconded by TRUSTEE POLIWODA to
deny with out prejudice the dock extension as the Boards policy is not
to have more than one 6' x 20' dock. ALL AYES.
V. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS
FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I
HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT
CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE
PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
1. First Coastal Corp. on behalf of LEE W. HANT~Y requests a Wetland
Permit and Coastal Erosion Permit to repair and reset both of the
existing 640' of north shore stone revetment and 420' of south shore
stone revetment, reset existing boulders to their original angle of
1:15 to 1:2 by adding a max. of 3,000. Eons of 1 to 3 ~one stones
along the base of the north shore stone revetment and 2,500 tons of 1
To 3 ton stones along the base of the south shore stone revetment. The
proposed stones will be placed above AHW and the elevation will not
exceed the elevation of the existing concrese and stone sea wall.
Located East End road, Fishers Island. SCTM #1-2-4.
A motion was made by TRUSTEE FOSTER and seconded by TRUSTEE KING to
recess the above public hearing until the July 22, 1998 regular
meeting due to no5 receiving further information. ALL AYES.
2. J.M.O. Consulting on behalf of JOSEPH CASARONA requests a Wetland
Permit and Coast Erosion Permit to construct +/- 100' of timber
bulkhead with a 10' return at either end along toe of eroded bluff and
~o backfill structure with +/- 30 c.y. of clean sand to be trucked in
from an upland source. Located 55 Glen Court, Cutchogue. SCTM #83-1-1.
TRUSTEE KING: Is there anybody who would like make a comment for or
against this application?
GLENN JUST: J.M.O. Consulting on behalf of Dr. Casarona if there are
any questions.
CLERK: The CAC did conditional approval and suggest that the applicant
tie in with neighbors bulkhead, vegetate the bluff and that there
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acceptable access for construction active.
TRUSTEE KING: Are you going to go down Duck Pond Road?
GLENN JUST: Is that where the Motel is?
TRUSTEE KING: Yes.
GLENN JUST: Yes. And we are discussing with the adjoining neighbor to
connect with him. His bulkhead is about 6' from his property line. We
are discussing with him to add on that little bit. We are getting a
plan from Suffolk County Soil Conservation for planting.
TRUSTEE KING: There is nothing to the west as far as bulkheads go?
GLENN JUST: Three properties to the west.
TRUSTEE KING: So they will have e return on the west.
GLENN JUST: Yes.
TRUSTEE KING: The next store neighbor is going to have to come ~n with
an application. Any other comment?
TRUSTEE FOSTER: I make a motion to close the hearing.
TRUSTEE KING: Second. ALL AYES.
TRUSTEE FOSTER: I make a motion to approve the application of Joseph
Casarona to construct 100'+/- timber bulkhead with a 10' return at
west end and tie into the existing bulkhead to the east end subject to
the neighbors approval in writing and back fill structure with approx.
30 c.y. of fill and a planting/revegetation plan.
TRUSTEE KING: Second. ALL AYES.
3. En-Consultants Inc., on behalf of LAUGHING WATERS PROPERTY OWNERS
ASSOCIATION requests a Wetland Permit to dredge two irregularly shaped
areas used for marina uo max. depth of -4' at MLW. Approx. 3,950 c.y.
of sand/silt spoil to be deposited on two spoil sites as indicated on
plans. Located: Minnehaha Blvd., Southold. SCTM #87-3-2.1 & 60.
ROB HERMAN: Rob Herman from En-Consultants. I understand there were a
few questions that came up at field inspections. Victor Beck is here
to share some information.
VICTOR BECK: Good evening I am Vic Beck. I am the marina chairmen for
the Laughing Waters Property Owners Association. Last Wednesday when
members of the Board came down to take a look at the areas that we
requested a permit for there where three issues that came up. One was
that they wanted to see on drawing themselves where the exact channel
was going to be. That is what you see in front of you. The second
issue was who owned the bottom. I research the deed and the deed does
say that we own it. The third issue was the history behind the south
marina. The only thing that I can come up with, I don't know if there
was ever a permit, was a note by the President of the Laughing Waters
Association at that time. I think it was May 7, 1973. They had a
meeting here. The board did not require a permit at that time. That is
all I can come up with. That was the only three issues that I know of.
TRUSTEE POLIWODA: How far do your bottom rights go on the north side.
VICTOR BECK:I goes 660' from Minnehaha all the way down to where that
channel opens up into Corey Creek. If you look at the tax map, it
shows. It is called the-new channel.
TRUSTEE FOSTER: This is in reference to the north channel or the south
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channel?
VICTOR BECK: The soumh channel.
TRUSTEE FOSTER: This could go on forever, we should do something here.
TRUSTEE SMITH: You mean as far as the dredge spoil? Paying for it? We
have to charge them for the dredge spoil unless they can prove
otherwise. That is the only way I see out of it. They say they own it.
We say we own it. Nobody knows who owns it, we have to charge them for
the spoil taken out of there. If they can prove that it is there's,
then we can disregard the fees.
TRUSTEE FOSTER: How was that channel dug? I know John Wickham dug the
other one.
VICTOR BECK: I think that was dug an the same time. Because I found an
old char5 that shows the new channel, same goes for the south marina.
I have a deed that says that Duck Island belongs to use also. It does
show the connection To the new channel by the south marina.
TRUSTEE FOSTER: Did anyone come in and see Jack Sherwood?
VICTOR BECK: I did and he couldn't help. This is a chart that I found
that shows that area and is called the new channel. That is 1930's or
40's. It is quite old. It has been there a long time.
TRUSTEE SMITH: Everything that was done there, was probably done prior
5o i955.
VICTOR BECK: Well, this was 1938 and it shows that new channel then.
TRUSTEE KING: Is there any other contment? Do I have a motion 5o close
the public hearing on this one.
TRUSTEE FOSTER: I make a motion to close the public hearing.
TRUSTEE SMITH: Second. ALL AYES.
The Board further discussed the spoil areas. They determined that
approx. 2150 c.y. of spoil will be taken from the north marina and
dewater on site and then be brought 5o an upland site. Approx.
1800c.y. will be taken from the south marina with approx. 1265c.y.
from Town owned bottom.
TRUSTEE FOSTER: I make a motion to approve the application for
dredging~of the north and south marinas and that they select another
spoil site for the north marina and at the south marina they have to
pay for 1265 c.y. If it is proved that they own it the money will be
refunded at a later date. And hay bales shall be placed a5 spoil
sites. After it is dewatered then they can remove them.
TRUSTEE SMITH: Second. ALL AYES.
TRUSTEE KRUPSKI arrived at meeting.
4. Eh-Consultants on behalf of A/~THONY & MADELINE PISCIOTTA requesss
a Wetland Permit Eo conssruc5 a two-story, one-family dwelling to be
raised on pilings, deck; pervious driveway; 5wo (2) drywelts; drinking
water well; and sanitary system to be placed on approx. 380 c.y. of
clean fill and contained within concrete retaining walls, all as
depicted on the site plan prepared by Joseph Ingegno, dated March 4,
1998. Located 8554 main Bayview road, Southold. SCTM #87-5-23.7 &
23.8.
TRUSTEE KRUPSKI: Is there anyone here who wants to speak in favor of
or against the application?
ROB HEBM3kN: Rob Herman of En-Consultants on behalf of Anthony &
Madeline Pisciotta. It is a presEy straight forward proposal. If the
Board has any questions. Jill did you receive some kind of letter from
Joe in response to the letter from Mr. Bitses.
JILL: No, but I did talk Eo him on the phone. He was going 5o double
check and gee be a letter. I have not received anything ye5.
TRUSTEE KRUPSKI: It almost makes sense what Mr. Bitses rights. But we
are no5 qualified to say that it almost makes sense. On the other
hand, I think the board does not want Eo hold something like this up
where it has no impac5 on the projecE. If there is some mmnor lot line
question, we are not going to endorse it.
ROB HERMAN: I asked him to check it and either send a letter to
certify that it ~s correct or not. As you say the actual lot line is
seaward of where the tidal wetlands are. It doesn't impact anything as
far as your laws are concerned. Just as the Boards 5ypical concerns
usually go there ms two drywells proposed on the west side of the
house and what ms not on here now but will ultimately appear on here
is a 50 buffer zone from the wetlands. The Pisciotta's aware that if
they were 5o clear anywhere within the 75' area that they would need a
permit from you. But guaranteed 50' of your 75' zone will be covenant
or however the DEC asks it to be done. That is what the DEC asks for
now is a 50' buffer on any property.
TRUSTEE KRUPSKI: What we are doing now, I don'5 know if you say the
end of our agenda?
ROB HERMAN: Yes.
TRUSTEE KRUPSKI: I'd rather put that into the permit now and have Mr.
Ingagno send us a copy with that drawn in on there.
ROB HERMAN: We have to do that any way. I don't know what buffer, is
the board making a policy on the widths of buffer?
TRUSTEE KRUPSKI: No, description. The widths we will take on by a case
by case. The description of them.
ROB HERMAN: The DEC is a non-disturbance buffer, which means no
application of herbicides, pesticides, fertilizers, no mowing, no
cutting, no clearing. Probably something like the language that your
Board will adopt. What you will see is a 50' buffer. We realize that
is going to have 5o go on the plan.
TRUSTEE KRUPSKI: Any other questions? It is pretty straight forward.
Do I have a motion to close the hearing?
TRUSTEE KING: So moved.
TRUSTEE FOSTER: Second. ALL AYES.
TRUSTEE FOSTER: I make a motion to approve the application as applied
for with a 50' buffer zone placed on the survey from the flagged
wetland. The Buffer Zone is described as will be adopted.
TRUSTEE KING: Second. ALL AYES.
5. En-Consultants on behalf of NICK ARONIADIS requesss a Wetland
Permit to install (8) 10" diameter pilings (4 pairs of dolphin piles)
no support a 16' X 20' boat lift approx. 120' seaward of existing rock
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revetment. Located 1090 Latham Lane, Orient. SCTM 015-9-1.6.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor
or against the application.
CLERK: I have two letters in the file and I had one phone call against
the application. The CAC did not get the application in time to
review.
ROB HERMAN: Rob Herman from Eh-COnsultants on behalf of Nick
Aroniadis. Nick is also here to answer any questions. Jill had
mentioned to me some of the concerns the Board has.
TRUSTEE KING: Read letter from William Boylhart, of Land's End
Property Owners Assn., dated June 23, 1998. See attached.
TRUSTEE FOSTER: Read letter from Ruth Boylhart, of Land's End Property
Owners Assn., dated June 22, 1998. See attached.
TRUSTEE KRUPSKI: I got a call from Rob last week as to 'whether it was
coasnal erosion. Coastal Erosion is one of the areas, the near shore
area is described in the Code as the area that is where Mr. Aroniadis
proposes to put the lift. In 37-14 Section C it says very clearly, All
development is prohibited in near shore areas, unless specifically
provided for by this chapter. I don't see where they provide for any
development in the near shore area. It is not an erosion control
structure. It certainly doesn'5 fall under maintenance. You would have
to look further into the code. I don't think this could be allowed by
the code. We are going to by the state in July. You area welcome to
come and talk to him.
ROB HERMAN: I guess the mnltial assumption, it is kind of unusual,
something like this is not addressed in the code. If it is not address
it is assumed to be prohibited or assumed to be something that you
would normally find addressed in the coastal erosion hazard area,
because it really doesn't have anything to do with the coastal
erosion. I think the ~ssues that have been brought up have to do with
safety and aesthetics or something like that.
TRUSTEE KRUPSKI: It strictly says that development of that area is
prohibited.
ROB HERMA/q: I am not challenging that at all. It was unclear for us,
because whether mnstallation of pilings constitutes development.
TRUSTEE SMITH: I would have to say yes.
TRUSTEE KRUPSKI: That ms not even getting into Chapt. 97 and how this
could have an effect on erosion.
NICK A_RONIADIS: We are definitely trying to improve the area. We are
very ...to'have a nmce place on the water, on Long Island Sound. The
best part of it is basically prohibited and not enjoy it. There are
non to many pleasures other then boating and viewing the beautiful
water than we have ou5 there. So my effort Lo enjoy it as much as I
can. I thought it would be very beautiful no be able to walk into my
boat like people have that live on creek, to go out for a quick ride.
As you know the beach in front of orient point is very fragile. You
have 5o have some kind of construction. Paying all these taxes out
here, 10 or 12 thousand dollars, what ever it cost, I thought it was
worth bringing to the Town and asking permission for something like
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that. A structure like this can be safely constructed. I intend no do
that. I am willing no insure the construct for the town.
TRUSTEE KRUPSKI: Thank you. I appreciate the offer. In addition in
prohibiting development in that area, the State is spending some
600,000 to study the erosion on the sound. To approve a structure like
this that could have an effect, you would have to go into a lengthy
study, not only the shore line, but the depth of waters in that area
now. And a study to follow up on that. We couldn't arbitrarily vote on
a structure like that without as much information that we have inlight
of what the snane in the town is starting to do.
TRUSTEE SMITH: To start with there is nothing like that on the Sound.
I know people have tried to more boats out there. But they just get
torn up. If you live on the sound, when you buy the property, you
should realize that, I bought this for the view. I can't keep the boat
docked here or anything like that. People do that, but they live on
creeks and areas that can protect that. Certain areas can support
different things. If I was a neighbor, I wouldn't want to see this
structure out there because I bought that piece of property for a
view. That is what most of the people do up on the sound. They by the
property for its view. I don't think a structure like that would last
there.
TRUSTEE FOSTER: Didn't Port of Egypt try to run a little launching
type set up down there.
TRUSTEE SMITH: Yea they did. They gave up.
ROB HERMAN: You had mentioned about us gathering more information.
Would it please the board if Mr. Aroniadis withdrew the application
without prejudice for now?
TRUSTEE KRUPSKI: Sure. I make a motion to except the withdrawal.
TRUSTEE SMITH: Second. ALL AYES.
6. En-Consultants on behalf of JOSEPH & JOAN CHISHOLM requests a
Wetland Permit to construct a set of 3' wide timber stairs from crest
of embankment to beach, approx. 35' long, including a 5' X 5' platform
and a 4' X 7' platform. Located 4170 Peconic Bay Blvd., Laurel. SCTM
#128-4-26.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor
of or against this application?
ROB HERMAN: Rob Herman from Eh-Consultants on behalf of Joseph and
Joan Chisholm. It ~s a preE5y straight forward project.
TRUSTEE KING: I looked aE it this afternoon. Like Rob says, it is
pretty straight forward.
TRUSTEE KRUPSKI: The CAC recommended that the stairs be elevated
adequately to allow for plant growth. IS the bluff vegetated now.
TRUSTEE KING: Yes, it is well vegetated.
ROB HERPLAN: I do have a plan, but I don't have copies of it, showing
the stairs elevated. I will give you copies of it.
TRUSTEE KING: I make a motion to close the hearing.
TRUSTEE FOSTER: Second. ALL AYES.
TRUSTEE KING: I make a motion 5o approve the application of Joe and
Joan Chisholm for the stairway going to the bay with a new set of
plans set off of the bluff 1 h to 2'.
TRUSTEE SMITH: Second. ALL AYES.
7. ROBERT GREDICK requests a Wetland Permit to demolish existing 1
1/2 story residence to top of foundation wall, build new 2 story
residence on existing foundation with a 16' X 20' addition and a 16' X
13' enclosed porch. Locked 7825 Nassau Point Road, Cutchogue. SCTM
#118-4-6.
TRUSTEE KRUPSKI: Is there anyone who wants to speak for or against it?
TRUSTEE FOSTER: I inspected it. It is double bulkheaded. He isn't
causing any problems to the bluff.
TRUSTEE KRUPSKI: What is between the bulkheads?
TRUSTEE FOSTER: Grass. He is not going any further seaward. I make a
motion to close the hearing.
TRUSTEE KING: Second. ALL AYES.
TRUSTEE FOSTER: I make a motion to approve a permit for Robert Gredick
as applied for with a silt fence along existing Lop bulkhead to
prevent runoff.
TRUSEE KING: Second. ALL AYES.
8. DAL Construction Corp. on behalf of DARIEL J. FOX requests a
Wetland Permit to remove an existing 6' X 40' floating dock and
replace with a new 6' X 60' floating dock with an 8" X 20' pile.
Located 470 Wiggins Lane, Greenport. SCTM #35-4-28.28.
TRUSTEE KRUPSKI: This ms private bottom. Amy comments?
TRUSTEE SMITH: A motion to close hearing.
TRUSTEE FOSTER: Second. ALL AYES.
TRUSTEE FOSTER: I will make a motion to approve the application as
applied for.
TRUSTEE SMITH: Second. ALL AYES.
V. RESOLUTIONS:
1. Board ~o adopt the following policy of Buffer Zones: within the
buffer zone there shall be no cutting or removal of dead of live
vegetation, bushes or trees. No soil disturbance by any means. No use
of pesticides, herbicides or fertilizers. No encroachment by
buildings, fences, structures, landscaping or storage.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE KING to
adopt the above policy.
VI. MOORINGS:
1. JOHN F. CHI~NESE requests a mooring in Richmond Creek for a 21'
outboard with 200 lb mushroom. Access: Parkers Landing.
2. GREG CUKOR requests a mooring in Richmond Creek for a 22' sail
boat with 4.5'draft., with lb mushroom. Access Parkers Landing.
3. ELLSWORTH BAYLIS requests mooring in Richmond Creek for a 23' Bay
Liner with a 200lbs. Mushroom. Access: Own Property.
A motion was made by TRUSTEE POLIWODA and seconded by TRUSTEE SMITH to
approve the 3 above mooring in Richmond creek subject to placement by
the Bay Constable and non to be around the ramp. If there is no room
they will be placed on a waiting list. ALL AYES.
4. VIRGINIA RUMPLER requesns a onshore/offshore mooring off her
own property on Goose Creek an 470 Goose Creek Lane, Southold for a
14' row boat.
A motion was made by TRUSTEE POLIWODA and seconded by TRUSTEE FOSTER
to approve the above onshore/offshore stake. ALL AYES.
8:55 P.M. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
FOSTER ~o adjourn the meeting and go back to the work session.
lsp~ectfully ^Submitted by:
M. Dohe~
I~oard of Trustees
RECEIVED AND FILED BY
THE S0[3 ~,~.~,.u TOWN CLE.~K
DATE ~/~-~ HOUR ~ / 3~
To~u Clerk~ Town of Sou~hold