HomeMy WebLinkAboutTR-06/25/1997 Albert J. Kmpski, President
John Holzapfel, Vice President
Jim King ~&,
Martin H. Gan'ell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Sou,hold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
MINUTES
JUNE 25~ 1997
PRESENT WERE Albert J. Krupski, Jr., President
John Holzapfel, Vice-President
Peter Wenczel, Trustee
James King, Trustee
Martin Garrell, Trustee
Diane Herbert, Clerk
CALL MEETING TO ORDER
PLEDGER OF ALLEGIANCE
NEXT FIELD INSPECTION: WED JULY 23, 1997 12 noon
NEXT TRUSTEE BOARD MEETING: Wed JULY 30~ 1997 7:00
WORKSESSION: 6:00 p.m.
APPROVE MINUTES: Approve minutes of April 30, 1997 Regular
Meeting
I. MONTHLY REPORT: The Trustees monthly report for May 25,
1997: A check for $3,863.03 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. Docko Inc. on behalf of REYNOLDS DU PONT requests an
Amendment to Permit $4738 to make the fixed pier and ramp 6'
wide, instead of 4' wide. Located: Peninsula Ave., Fishers
Island. SCT~ $1~-3-19
TRUSTEE GARRELL moved ~o approve, TRUSTEE HOLZAPFEL seconded.
ALL AYES
2. Costello Marine on behalf of DR. T. J. MC DONAGH
requests an Amendment to Permit $4596 to construct a low profile
vinyl interlocking retaining wall 2' above the existing grade
instead of rock revetment. Located: 765 Cedar Beach Drive West,
Southold. SCTM $90-1-6
TRUSTEE GARRELL moved to approve subject to fence put around
perimeter of property only and show on survey, TRUSTEE ~OLZA~FEL
seconded. ALL AYES
I0~ MICHAEL DI LEONE requests a Transfer of Pe~t 91104 for
bulkhead repair from Weissmann to Di Leone, s~nd a Waiver to
add
a stockade fence along west side of property, and add two
windows to upper floor dormer. Located: 940 Tarpon Drive,
Southold. SCTM ~57-I-10
TRUSTEE GARRELLmoved to approved, TRUSTEE WENCZEL seconded.
ALL AYES
TRUSTEE GARRELL moved to go off the Regular Meeting and go onto
Public Hearing, TRUSTEE WENCZEL seconded. ALL AYES.
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE FATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS DI~DER THE WETLANDS ORDinANCE OF' THE
TOWN OF SOUTHOLD. I HAVE kN AFFIDAVIT OF PUBLICATION FRO~ THE
SUFFOLK TIMES. PERTINENT CORRESPONDENCE MA~ BE READ P~KIOR TO
ASKING FOR COMME}~TS FROM THE PLq~LIC.
PLEASE KEEP YOUR COMMENTS OR~AN!ZED AND BRIEF:
F~VE (5) MINUTES OR LESS~ IF POSSIBLE
1. Eh-consultants Inc., on behalf of ALAN
requests a Wetland Pez~ait to dredge mn. area approx. 30' X !00'
to a max. depth of 4' below ALW. Resultants 110+/- c.y. of
spoil will be deposited on previous upland disposal as indicated
on site plan. Located: 1134 Bridge Lane, Cutchogue. SCTM
~118-i-9
TRUSTEE KRUPSK~ moved to table this application for response to
dredging, soundings, and spoil site, TRUSTEE HOLZAPFEL
seconded. ALL AYES
2. Eh-COnsultants Inc., on behalf of JOSEPH BENDOWSKI
requests a Weti~and Permit to remove & Replace inkind/inpiace) an
existing 90+/-~ of bulkhead and a 45' easterly return. Remove &
replace an existing 4' X 14' deck and a 3' X 9' stairway leading
to beach, remove & replace (inkind/inplace) an existing 33+/-'
jetty, and backfill with approx. 300 c.y. of clean sand to be
trucked in from an. upland source. Located: 306~ Park Ave.,
Matti~ack. SCTM ~123-8-19
TRUSTEE HOLZAPFRL moved to approve ~ith stipulation that any
remnants of jetty seaward of new on be removed, TRUSTE~WENCZEL
seconded. .ALL AYES
3. En-Consultants Inc., on behalf of THOMAS BOYLE requests a
Wetland Permit and Costal Erosion Permit to construct 140+/-
1.f. of stone revetment and backfill with 2,000+ c.y. of clean
fill to be trucked in from upland source & construct a
one-family dwelling, deck, sanitary system, etc. as shown on plan
previouslysubmitted and expired. Located: Leeton Drive,
Southotd. SCTM $59-1-7
4. En-Consultants Inc., on behalf of KEVIN CANDE requests a
Wetland Permit to construct a timber dock consisting of 4' X
114' fixed walk, (elevated min. 4' above grade of marsh) 2- 8"
pilings with (2) mooring pilings, a 4' X t2' ramp and a 6' X 20'
float, as per revised Dlans dated and received June 2, 1997.
Located: 675 Halls Creek Road, Mattituck. SCTM $116-7-5
TRUSTEE KRUPSKI: Is this anyone here who woul~ like to speak in
favor of or against this ~pplication. I have a letter here.'
TRUSTEE: HOLZAPFEL: I swore I locked back at the minutes. Didn't
we say all he wanted' was a dock.
TRUST~E KRUPSKI: Yes
TRUSTE~: HOLZA~FEL: Now they want a float and all this other
stuff and I went back and looked at the minutes and actually
this is ~nat she said and had asked the sam~ question the last
time and I thought they said it was just end with a dock.
TRUSTEE KRUPSKI: Yes that was my understanding.
TRUSTEE: HOLZAPFEL: So you know there is no reason to put a 20'
float out there beca~J~e there is no water to get in and out.
TRUSTEE: KRUPSKI: Just like what the neighbor had a dock.
TRUSTEE: HOLZAPFEL: Wasn't that your understanding and when I
saw this come in with the float and the ramp and all of this
other stuff.
TRUSTEE: KR~PSKI: The neighbor to the nor*_h has a been granted a
pezmit for a dock at the edge of the water over the marsh for
access to the water for a a canoe or kayak type thing,
TRUSTEE ~UPSKI: So all she did was cut the length of the cat
walk by 16' that is all she did.
TRUSTEE HOLZAPFEL: So I thing Peter has a reason they want to
start now.
?RUSTEE E/tUlmSKI: ~rom the drawing 114' takes to out to low
water.TRUSTEE' F/{UPSKI: Do I have a motion to close the hearing.
Second. All in favor. Peter are you 9onna make that motion.
TRUSTEE WENCZEL: I'm gonna make a motion to approve the
application of KEVIN C~uNDE pending a dock. consisting oEa 4 X
i14' fixed walk 4' above grade.
5. Proper-T Services on behalf of MATT-A-MAR MARINA requests
a Wetland Permit to construct a fixed open walkway 4' X 52',
hinged ramp 4' x 16~, providing access via floating walkway
4' X 15' to main floatin~ dock 5' X 200~. Install nine 12" X
35' piles to secure main floating dock as per plans -dated May 9,
1997. Located: 2655 Wickham Ave., Mattituck.
SCTM $139-2-5 TRUSTEE KEUPSF~: Is there anyone here who would
like to speak in favor of the application? Is there, ang~ne here
who would like to speak against the application?
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the a_~plication? Is there anyone here who would
like to speak against this application?
JERRY MC GINTY: I live opposite the proposed dock. I've
been here before at the previous meeting. My being here tonight
is to see if anything has changed~ Although my story hasn't
changed. On the 29th, the day after that hearing I took two
photographs at low tide.
'~B..USTEE HOLZAPFEL: Exceptionally low?
MR. MC GINTY: No, it was the next morning after the meeting.
5~. MC GINTY: The situation with that creek filling has
really gotten bad, in getting in ...... I'm a little bit concerned
that there was no mention of this here in the paper.
TRUSTEE KRUPSKI: When we table a public hearing it's
automatically transferred to the next hearing date.
TRUSTEE WENCZEL: If it's tabled it's almost like it's still
open.
~,. MC GINTY: So if it's tabled, it will be on the next
meeting?
TRUSTEE KRUPSKI: I think you can count on next month.
FRED LANGANESFI: I was also here last month. I just got a
little bit of an education. I didr~'t know that this was
tabled. I guess it was because he was told to go to the DEC and
get their approval first.
TRUSTEE KING: No, we had asked him if he applied to the DEC and
he said no. He hadn't applied to them yet.
TRUSTEE FJF. UPSKI: Because it's Town waters it's probably smarter
to handle it ourselves. We have a letter in the file from the
DEC stating that they will not approve a c~muercial dock with
less than 4 feet of water at low tide. I don't know why
they're ...... they seem reluctant to go to the DEC. I don't know
why because they have to anyway. Even if they did get our
approval.
TRUSTEE WENCh: The way the code is written, we can ask an
applicant to get all their other permits before we act on it.
We can say get the DEC permit, go get your Health Dept. permit
and all the other permits that are required, then come back and
see us.
TRUSTEE KRUPSKI: But that's not alwap~ to our advantage either.
5~. LANGANESKI: Then I misunderstood. I thought he was asked
and told to go.
TRUSTEE HOLZAPFEL: We had asked if he had.
MR. LANGANESKI: One other thing .....
TRUSTEE KRUPSKI: The project itself hasn't changed. I think
what the Board's problem with this project is that it's a
c~,~ercial facility over public land. Now if this were over
privately owned land it's an entirety different issue. This is
public land. I think that's why we haven't moved forward on
this. This isn't a simple access dock for a single family
residence. Those applications go through at a pretty orderl~
pace. This is something that's on a large proposal for public
lands. Everybody's land. Once that permits issued, that land
basically, which is owned by you and me and everyone else in
Town is monopolized hy one operation basically forever. Once
they have a permit, to use that space.
MR. LANGANESKI: How do you bring a close tu this?
TRUSTEE KRUPSKI: We either have to approve or deny it.
TRUSTEE WENCZEL: And we will.
TRUSTEE KRB-PSKI: For some reason the applicants agent isn't
here tonight. And normally as you can see in thee first public
hearings, the applicants agent wasn't here. Normally we have
some sort of vital question of the agent after doing the field
inspection. Not everything that is applied for is permitted
exactly as applied for. Quite often the Board asks for some
modification of the application. And usually it's acceptable to
the applicant and it get's approved slightly modified.
MR. LANGANESKI: Because I was go~_na ask that this be tabled.
TRUSTEE KR1/PSKI: We did set the next meeting date for July
30th.
TRUSTEE KING: Can we set the vote at the next meeting?
TRUSTEE KRUPSKI: I would think so.
TRUSTEE WENCZEL: I think we would have voted tonight if we had
the applicant and the agent here.
TRUSTEE HOLZAPFEL: We were trying to check out the other side
of it. That is, up to now, wheneve~ a marina has done anlrthing,
they always got there permit persee. This is a new marina
actually, and the first one in many years ..... so we're debating
the 9~estion of whether they have the right to take the public's
land for their own private use. We were debating whether we
should have a special meeting ......
MR. LANGANESKI: They already did that on 30' all around on
the whole peninsula.
TRUSTEE KRUPSKI: That's what's at stake here. Also the upland
property is zoned for marine use. We might restrict that upland
property, but it's gonna be within the set up Town Code for
that marine use. So it can be permitted for boat storage or
different marine usage what ever is in the code. But this is
not his property. This is public property. Another factor that
we're considering, right now we're embarking a whole sale clean
up of the rain water input into Mattituck Inlet. the County is
cooperating on their end from Route 48 and we' re tz~fing to clean
up all the flow of water into the creek. So you have to look at
that also as part of the whole pic+_ure. Any other co~men~,
either for or against?
TRUSTEE KRUPSKI: I move to table.
TRUSTEE KING: Second. ALL AYRS
6. J0hnH. Geideman on behalf of JOHN EDLER requests a
Wetland Permit to construct 2- 40' groins as per drawing dated
2/7/97. Located: Cleaves Point Road, East Marion. SCTM
~38-2-32
TRUSTEE KRUPSKI: And we'll handle ~6 thru 9 altogether.
MR. EDLER: I have letter here from the DEC which I'll read.
(At this point because F~. Edler's voice was so low the tape
recorder kept turning to pause, which means it was not picked up
on the tape)
TRUSTEE KRUPSKI: We're not prepared to make a decision with~t
more contact with the DEC.
TRUSTEE HOLZAPFEL: One of the other solutions was to d~edgin~,
fill that entire, recreate your beach. What's your feeling on
this. The beach was fairly stable for many years, right?
~R. EDLER: One of the rec~w~endations that you issued (not
audible) that your decision ..... (inaudible)
TRUSTEE ERUPSKI: I don't have a problem with that and I don't
w~nt to get into something like trenching .... you alrea~_y...
T~USTEE HOLZAPFEL: But on the o~her properties, the groin do
extend out into the .....
MR. EDLER: (Inaudible)
TRUSTEE KRUPSKI: A permit issued right away to put that sand
back onto your beach and restore the beach to a height .... I
wouldn't have a problem with issuing a permit ....
MR. EDLER: What about the State?
TRUSTEE KRUPSKI: I can't speak for the State, but I can speak
for this Board. As far as putting structures out, that's a
different ..... Because you can show...(skipping) they can restore
bkeir property after a storm event. This didn't happen over a
course of 100 or 150 years, it happened over (skipped) From
W~atever source you can get it, it doesn't matter to us.
There's available sand~ (skipped)
T~USTEE WE~CZEL: I might have a problem p~mpin9 from the Bay.
T~USTEEKRUPSKI: I think the State will too.
TRUSTEE WENCZEL: It's not as simple that you can take it from
anywhere. There is a source of sand there and a permit to
r~move it.
TRUSTEE KRUPSKI: I don't have a problem with restoring the
beach to it'soriginaily height ....
TRUSTEE HOL~: You don't have to do that right now, you
could that without any problem. Your gonnabe asked, if you
do get the groins, you'll be asked to fill the groins anpway.
You
. might want to start that process and just..
TRUSTEE Ki{UPSKI: Fill the beach first then keep persueing the
groin application through the State.
MR. EDLER: All we'd have to do then. is to (skipped)
TRUSTEE WENCZ~,: Right, they were gonna haul it away. They
were gonna put it upland and haul it away.
TRUSTEE KRUPSKI: I think that would be acceptable to this Board
because you showed the sand disappeared. Yes~ persue the
groin.
MR. EDLER: I think somewhere we have to crack through the
wall.
TRUSTEE KRUPSKI: That's true but in a lot a cases where an old
groin is deteriorated on the Bay-front...(skipped)
MR. EDLER: It's the ones in between that Larry did and they
are low profile. They're the ones that maintain the beach.
TRUSTEE KRUPSKI: We did cut Aprea back.
TRUSTEE HOLZAPFEL: Right, but I would have thought we said low
profile. (skipped tape.) Diane~ could you check to see if we
approve it as a low profite.
MR. EDLER: The neighbor to the (skipped)
TRUSTEE HOLEAPFEL: What your saying is, they haven't done
anything.
MR. EDLER: Right.
TRUSTEE HOLZAPFEL: When you first said it I thought you said
they had done it as a high prolite, because I know we Da8 said
it should be low profile. Just one thing, John could we have a
copy of what you were reading.
MR. EDLER: I did.
TRUSTEE KRUPSKI: Motion to close the hearing?
TRUSTEE KING: So moved.
TRUSTEE KRUPSKI: Sorry, motion to table this as well as $ 8, &
9, until next month.
TRUSTEE G~ql~ETJ.: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
10. Suffolk Environmental Consulting on behalf of C2{ARLES
GROPPE requests a Wetland Permit to constr~ct a single family
dwelling, driveway, and septic system, proposed construction
will be on piles and will be approx~ 47' away from wetlands.
There is a 40' non-disturbance buffer as per plans dated
Februar~ 4, 1997. Located: Bayshore Road, Greenport. SCTM
353-3-12
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application?
BRUCE ANDERSON: As I stated in myapptication .... (skipped) the
DEC...(skipped)
TRUSTEE HOLZAPFEL: Did they field inspect it?
MR. ANDERSON: Well they flagged the wetlands. The regulator~
work was done during the winter. (Tape skipping badly)
TRUSTEE HOLZAPFEL moved to close the public hearing, TRUSTEE
GARRELL seconded. ALL AYES
TRUSTEE HOLZAPFELmoved to approve the application, TRUSTEE KING
seconded. ALL AYES
11. MARIA ANDRIOPOULOS requests a Wetland Permit to extend an
existing deck to a total of 22' X 25' and add a 10' X 22'
extension onto this existing deck, and an for an existing 75'
retiain gwall. Located: 1605 Westview Drive, Mattituck.
SCTM $i07-7-9
TRUSTEE HOLZb~FEL moved to approve, TRUSTEE KING seconded. ALL
AYES
12. Samuels &Steelman on behalf of RUSSELL MC CALL
requests a Wetland Permit to reconstruct a portion of residence
and add a new addition, a terrace and trellis. Located: 10140
New Suffolk Ave., CUtchogue. SCTM 9116-6-3
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in
favor of the application?
TRUSTEE HOLZAPFELmoved to approve the application, TRUSTEE
G~d{RELL seconded.. ALL AYES.
13. ANTONIO PIRAINO requests a Wetland Permit to construct a
two story single family dwelling. Located: Cox Neck Road,
LILCO pole $33 between Rosewood Drive & Breakwater,
Mattituck. SCTM $113-3-2~3
TRUSTEE HOLZAPFE moved to close the hearing, TRUSTEE GARRELL
seconded. ALL AYES
TRUSTEE ~OLZAPFRL moved to approve with stipulation that
haybales be placed during construction, no directing runoff over
driveway, and driveway be pervious, and drywells placed,
TRUSTEE GARRELL seconded. ALL AYES
14. RICHARD JONES & DARCY GAZZA requests a Wetland Pe~t
to construct an 1.8' X 18' sunroom over existing deck, add a
new second story addition over garage and mid-section of house
and a 10' X 10' deck with a 6' round gazebo
153 PETER FOSTER requests a Wetland Permit to reconstruct a
single family dwelling using existing sanitary system and
well approx. 50' awa~ from wetlands. Located: Bayview Road,
Southold. SCTM ~78-2-15.2 TRUSTEE EOLZAPFEL Move~ to close
the heading. TRUSTEE WENCZEL: Seconded. TRUSTEE HOLZAP~EL:
Moved to Approve. TRUSTEE ~OLZAPFEL: Stay with same limit
of clearing up to trees. TRUSTEE WENCZEL: Striked to approve.
16. DEAN ~OUG~ on behalf of JOSEP~ PILLUS requests a
Wetland Permit to construct a 3' X 3' p!atformoff bulkhead
with a 3' X 8' ramp and two 6' X 20' floats starting 15' from
southern property line along bulkhead as per new drawing dated
as received May 20, 1997. Also to place chain link fence around
property. Located: 2280 Ole Jule Lane, Mattituck.
SCTM ~122-4-10. TRUSTEE KRUPSKI: Votes to Table subject to
new soundings. TRUSTEE HOLZAPFEL: Seconds. ALL AYES
V. RESOLUTIONS:
TRUSTEES: KING & WENCZEL
!. Costetlo Marine on behalf of WALTER S~ITH requests a
Grandfather Permit to resheath 151' of existing bulkhead and
an existing 9' south return, and Amend the Grandfather Permit
to construct an 8' return on north end. Located: 370
Williamsburg Drive, Southold. SCTM ~78-5-9 TRUSTE~GARRELL:
Approves ALL AYRS.
2. William Goggins on behalf of THOMAS TUM~LO requests a
Costal Erosion Pe~t for a deck and addition to deck.
Located: 880 Salt Marsh Lane, Peconic. SCTM %68-3-8.2
TRUSTEE HOLZAPFEL: APPROVES. TRUSTEE KING: Seconds.
ALL AYES~
3. Garrett Strong cnbehal~ of Lb/WRENCE PEARLSTEIN requests~
a Coastal Erosion Permit to construct a 432 s.f. addition to
existing single family residence. Addition to be constructed
on piling foundation above the base flood elevation. Located:
2225 North Sea Drive, Southold. SCTM %54-4-23. TRUSTEE
HOLZAPFEL: Approves. TRUSTEE: KING: Seconds. ALL. AYES.
VI. MOORINGS:
!. FREDERICK T. KbIkRK~AM requests a mooriD~ in Haywater
Creek ~or a 24' sailboat with a 150/200 lb. mushroom. ACCESS:
Broadwaters Cove Assoc. TRUSTEE HOLZA~F~L: Approve as per
Bay Constr. ALL AYES.
2~ P~L ZAHARArequests a mooring in James Crcck for a 6'
dlnghywith a 50 lb., mushroom. TRUSTEE HOLZAPFEL: ACCESS:
Public asp er Bay Constr.
ALL AYES.
3. WILIAMWtLKE requests an on-sho~e/off sh.ore stake ~n
their propert~ for a 15' outboard in Jockey Creek.
TRUSTEE KRUPSKI: Approves. TRUSTEE GARRELL: Seconds.
ALL AYES.
4. FRANK. GUMPERRequests a mooring i~ Corey Creek for an
18' outboard with a 300 lb. mushroom. ACCESS: Owner.
TRUSTEE KRUPSKI: Approves. TRUSTEE GARRELL: Seconds.
ALL AYES.
5. DAVID KRTJ,RRAN requests an on. shore/off-shore stake for a
12' outboard in Arshamomoq~e Pond. ACCESS: Private.
Applicant also is requestin~ to place an 8' X 8' swim float in
water in front of his home, to be taken in and out when
needed. TRUSTEE HOLZAPFEL: Swim float out by Oct. 1st and
not stored on wetlands. TRUSTEE: HOLZAPFEL: Appr~es.
ALL AYES.
Meeting Adjourned At: 9:15 PM
RECEIVED AND FILED BY
THE SOU/HOLD TOWN C ~LEP:~
D TE 1~9 /~ UR
To~ Clerk, To~ o~ Sou~no~c__