HomeMy WebLinkAboutTR-02/28/1996Albert J. Krupski. President
lohn 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
Southold, New York 11971
Telephone (516~ 765-1892
Fax (516) 765-1823
MINUTES
FEBRUARY 28, 1996
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wed. Mar. 20, 1996 at 12 noon
TRUSTEE KRUPSKI requested the inspections be done on Tuesday,
Mar 19, 1996 at 12 noon, ALL TRUSTEES agreed.
NEXT TRUSTEE BOARD MEETING: Wed. Mar. 27, 1996 at 7:00 pm
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE GARRELL seconded.
ALL AYES
APPROVE MIBIUTES: Approved minutes of January 26, 1996 at
Regular Meeting:
TRUSTEE WENCZEL moved to approve the minutes, TRUSTEE KING
seconded. ALL AYES
I. MONTHLY REPORT: The Trustees monthly report for January
1996: A check for $10,989.70 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. Land Use on behalf of GERALD RUPP requests an a
Amendment to Permit 04502 to install 36+' of new timber bulkhead
as an extension to the existing bulkhead, backfill area behind
new bulkhead extension with 10 c.y. of clean fill and
re-vegetate with Cape ~erican Beach Grass on 18" centers, to
install !- 4'3" X 18' marine mattress at the toe of the new
bulkhead extens!on, bring in 200+ c.y. of clean fill and regrade
area of slope (approx. 2,400 s.f.) which had been utilized as
access, regraded slope shall be immediately hydro-seeded and
covered with erosion control blankets as per manufacturers
specifications, and plant level area landward of existing
bulkhead on western end of property with American Beach Grass on
Board of Trustees 2 February 28, 1996
18" centers. Located: 19455 Soundview Ave., Southold. SCTM
951-1-21
TRUSTEE WENCZEL moved to approve, TRUSTEE HOLZAPFEL seconded.
ALL AYES
2. Land Use on behalf of PAUL CACIOPPO requests an Amen~ent
to Permit ~4481 to move cess pools over as per Health Dept.
request on amended survey. Located: 14905 New Suffolk Ave.,
205' west of Grathwoh! Road, New Suffolk. SCTM $116-3-18.t
TRUSTEE KRUPSKI reco~uended that we table the application until
amended survey is submitted, TRUSTEE GARRELL seconded. ALL AYES
3. En-Consultants Inc., on behalf of ELINO V. DENA, JR.
requests an Amendment to Permit $4523 to scale back project
while still remaining true to the original intent and purpose as
revised survey dated Oct. 26, 1995. Located: 4625 Blue
Horizons Bluff, County Road 48, Southold. SCTM ~73-5-1
TRUSTEE WENCZEL moved to approve, TRUSTEE GARRET,L seconded. ALL
AYES
4. DONALD ALFANO requests an Amendment to Pezmit $4384 to
add a 3' X 26' float to an existing ramp and float. Located:
8095 Sound Ave., Southold. SCTM ~59-6-!6
TRUSTEE KRUPSK! moved to table the application until the Board
can re-inspect again in March, TRUSTEE seconded. ALL AYES
5. Nicholas D. Yeulys on behalf of CATHERINE ATWAN
requests an Amendment to Emergency Stoical. Damage Pez~t to use
approx. 10 rocks to repair and stabilize the existing jetty as
per DEC Amendment dated Oct. 31, 1995. Located: 56055 Count~
Road 48, Southo!d. SCTM ~44-1-20
TRUSTEE GAR!~ELL moved to approve, TRUSTEE KING seconded. ALL
AYES
6. Costello Marine on behalf of LOUIS M. BACON re_quests an
Amendment to Pez~t $4360 to allow the installation of an 8' X
30' float on the east side of the dock, as per drawing dated
2/15/96. Located: Robins Island. SCTM 3134-3-5
TRUSTEE GARRELL moved to approve, TRUSTEE HOLZAPFEL seconded.
7. GALLAGHER requests a Waiver to add a 2nd
story an 'existing dwelling with gutters and drywells.
Located: 2950 Private Road, off Vanston Road, Cutchoque.
SCTM ~t1!-5-7.2
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE GARRRI.I. seconded,
TRUSTEE KRUPSKI abstained, ALL OTHERS AYES.
8. JOHN C. NEV/LLE requests a~Waiver to Permit ~4416 to add a
12' X 36' deck (or brick patio) onto an existing house.
Located: 2380 Hobart Road, Southold. SCTM $64-3-6
TRUSTEE HOLZAPFELmoved to approve for a deck with conditon
that hay bales be placed between the constr~ction and creek,
TRUSTEE GAR~ET.I. ~econded. ALL AYES
Board of Trustees 3 February 28, 1996
9. Anthony B. Tohill on behalf of SUZANNE SWICK requests a
one-year extension to Permit $4307 to construct a house.
Located: Route 25, Main Road, East Marion. SCTM 323-1-6.1
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KiNG seconded. ALL
AYES
10. VICTOR E. RERISI requests a one-year extension to Pez~L~t
$4300 to construct a single-family dwelling. Located: 800 Snug
Harbor Road at Marine Place, Greenport. SCTM $35-5-37
TRUSTEE KRUPSKI moved to approve provided he ~hmit a landscaped
plan as depicted in permit, TRUSTEE GARRELL seconded. AL AYES
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE M~TTE~ OF THE FOLLOWING
APPLICATIONS FOR PER/4ITS UNDER THE. WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES. PERTINENT COREESPO~CE MAY BE READ PRIOR TO
ASKING FOR COMMENTS FROM THE PUBLIC.
TRUSTEE GARRELT. moved to go off Regular Meeting, TRUSTEE WENCZEL
seconded. ALL AYES
PLEASE K~EP YOUR COMMENTS ORGANIZED AND BRIEF: FiVE (5) MINUTES OR LESS., IF POSSIBLE
7:55 p.m. In the matter of DANIEL MOONEY requests a Wetland
Pez~ait. to move existing house at 480 Rabbit Lane (from Ba_V side)
to across the street (on Lake side propert~/. Reconstruct new
house on same footprint on Bay side. Located: 480 Rabbit Lane,
East Marion. SCTM ~31-18-10
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in
favor of the application? Anyone here who wishes to speak
against the application?
MR. DEVLIN: First I would like to make sure that the, what is
involved here, and I could tell you why. He's gcnna move the
house from the Bay over to next tc me. On that lot, he's not
gonna build a berm. But on the house t_here will be terraces.
There is possible clearing for a septic tank on the new lot.
And new wells. Is that right? Because on page 5 it says "it's
asking for a placement of a house, with foundation, septic
system, and wells. I was under the impression from an earlier
discussion that there was nc wells involved.
TRUSTEE KRUPSKI: On which lot?
MR. DEVLIN: Where the hous~ is being' moved to.
TRUST~=E KRUPSKI: Well this application is only on the lot on
the Bay side.
MR. DEVLIN: OK. But could you clarify whether...
TRUSTEE KRUPSKI: Quite often, things are. on the property that
are not in our jurisdiction. For instance, if there was an
application to put a shed on the lake side between the house and
road it would be outside of our jurisdiction. It would never
Board of Trustees 4 February 28, 1996 IQ
show up on a permit. Some things are .... you know what I'm
saying?
MR. DEVLIN: But a well is on your permit. Is that right?
TRUSTEE KRUPSKI: I don't know, I would have to take a look.
MR. DEVLIN: I thought on one of the drawings .... the second
set of drawings it came througk. The wells had been taken off.
TRUSTEE KRUPSKI: No it's the other lot. It says, "proposed
well, proposed lots". Would you like to see it?
MR. DEVLIN: I've gotten copies of all that. On the other
side where the old house is, he wants to rebuild. Using the
exiting septic tank. I think there are number of technical
issues, as least as I see it. One is to put in a septic tank on
the property next to mine. The land is low, it's not marshy,
the water table is quite high. There's no Health Services
approval for this. I believe that you said earlier that you
intended to make it a condition of your approval that Health
Serviceses would approve it. I think that's fairly important
because there hasn't even been a test well dug there to find out
and nothing is moved in the application. The other technical
thing is the DEC said, "you have to start all over with a septic
system where he has the existing house". The Health Dept. has
said, "the septic system~ in there was ri~nt before, and is right
now, and he has to cap and upcap". I don't know where the
jurisdiction is. I thought the Bay belonged to the DEC or
something like that. I think you should take that into
account. The next technical thing is the Trustees are the only
elected officials in this whole process, and I think they have a
responsibility to set the tone in all of these discussions,
because they're elected officials who are sensible than
un-elected officials. My feeling is that this project of
moving a house and all the other things, besides all the
technicalities, it's monstrous, it's an enormous house. The
other houses are little. There are some big houses but they're
very wide apart. And so if moving a house over there, on a tiny
lot, big house, tiny lot, the clearance is only be 9 or t0 feet
on either side. Perhaps you could start, all over and knock down
all the little houses, but this is little houses and this is a
bigger house. I just can't see how environmental control,
zoning, or anything else, can really go~ahead and do this
thing. One other thing, with only a 10 foot clearance on either
side, I can't understand how they're gonna be able to move
this house over without tromping all over my property? I don't
want the syst~ to say, "well you've got a permit, you can tromp
all over the property". I would gq to extreme lengths to make
sure that doesn't happen.
TRUSTEE KRUPSKI: We can't give, not Mr. Mooney, or any one
else, permission to go on to your property. We can't do that.
If we did grant approval for this it would not be an approval to
go onto your property at all. As far as the aesthetics go, if
we had to approve of the aesthetics of the projects that we
voted on I would have to tell you that 99% of the time we'd deny
everything. As far as the septic system goes, we have a letter
from the Health Dept. here that says, "In receipt of your' letter
concerning the proposed const~dction of your home on R~bbit
Board of Trustees 5 February 28, 1996
Lane, this department has received the application to construct
on the above parcels. The two applications are incomplete as of
this date. The water supply and sewage disposal systems are
required to conform to construction standards. Additional
information has been requested from applicant, Mr. Mooney
before a decision can be made as to the confozl~ance of the
application. You are welcome to review the files upon written
request". I have a question for Mr. Mooney. What is the
status of your apu!ication with the Health Dept.
MR. MOONEY: I have done nothing since we were here the last
time in respect to the Health Dept. I assure this Board, I
know i cannot even get a Building Permit until I have a permit
from the Health Dept.. I have to get a pezmit and i will get
that permit. I was hoping to do this one step at a time.
TRUSTEE KRUPSKI: OK. I just thought there was some other
development.
MR. MOONEY: I have done nothing since the last time we were
here.
TRUSTRE KRUPSKi: And the letter from the DEC states ......
MR. DEVLIN: I went to see Roy Reynolds and asked him about
this and he wasn't ver~cooperat~ve and simply said we got an
application Jan. 1995. I asked a number of questions, I haven't
gotten any answers yet, so essentially nothing has happened with
this.
WILLIAM LEV~.T.L~: I think that the Trustees ha~e to be mindful
that pursuant to the Wetland's Act, pursuant to Article II Sub
Section J requires that documentary proo~ than all other
necessary permits and approvals have been obtained. And it
seems to me that the order in which Mr. Mooney had attempted
to get a permit from the Wetland's Act is not being complied
with. Because he has not obtained other pe£mits first. It is
restricted, according to the Wet]ands Act, it states there that
you must have other approvals prior to receiving approval of the
Wetlands Act from this Board. I th~nk one of the reasons in
this case that is an extremely important issue, is beca~e the
NYSDEC pursuant to their letter dated 12/11 through the Board
has indicated that the currenu septic system located on the
south side of Rabbit Lane is not going to be allowed to rebuild
again. It has to meet the current requirements of 100' away
from the high tide line and the property is only approx. 60'
line. So it se~ms to me that the DEC's as a New York State
Agency has jurisdiction as superio~ than the SCHD. Even
though the Health. Dept. says you can use this septic system over
again, the DEA has clea~ly indicated in writing that that's
not the case. So not only does the Board have. to decide, they
have to decide later, because if you notice that on the. original
application to the SCHD there is a survey which shows 2
separate septic systems on the north side of R~hbit Lane. One
septic system is for the reposed house that's being removed, and
the other septic system is for a second proposed house on the
Bay side versus the Lake. In actuality the Trustees may grant
an approval tonight with conditions on several t~hings. However,
those conditions may change. I think that in order for the
Trustees to act responsible in this matter they should wait
Board of Trustees 6 February 28, 1996
until these other approvals are made. It is really hard for the
Trustees to assess whether or not there's gonna be an
environmental impact on this low line land if there's gonna be
two cesspool systems constructed on one plot of land versus one
on one side of the road versus one on the other side of the
road. The Trustees at this point do not know if the DEC or the
Health Dept. is going to consent. I know the last time that we
were here one of the Trustees had mentioned that this is barely
in the jurisdiction of the Wetlands Act because the house is
going to encroach approx. 3' or 5' within a 75' boundaz-f. I
would suggest to the Trustees that this specific piece of
property is very unique in that it is situated environmentally
sensitive in that you have maybe a couple, of hundre~ feet away,
you have the Bay and you have a Lake. I believe that the
Wetlands Act makes it encumbering on the Trustees to really
evaluate whether or not there is an environmental impact and
some of the septic systems being contained in the ~m~ll areas of
property that really has even been tested yet to see if it's
norm to discharge, fzo~ (could not hear him, too low) I believe
it would be fool hardy for the Trustees to make that decision
without the prior approvals of experts in this field.
TRUSTEE KitUPSKi: We have. one question. Do we have the same
letter that you have from the DEC that you referred to? Dated
12/117
MR. LEVELLE: Yes. On my stamped copy you received it on
12/13/95.
TRUSTEE KRUPSKI: What you said was not consistent with what it
says. It says, "existing system may not be satisfactoz-f for
future use. If that is the case, then the system might as well
be removed".
MR. LEVELLE: Well it says, "Mr. Mooney is planning on
utilizing the system in the future he would be held to cuzzent
development restrictions of 100' it doesn't seem to me to be
may or should or may have to. That seems to me pretty direct
and concrete. I think what's gonna happen here is that the
DEC is gonna say you can't use the abandoned septic system.
And then your gonna get an amendment to the permit for two
septic systems on the north side of Rabbit Lane. I will also
point out that there's a third piece of property that Mr.
Mooney owns that according to the survey of the proposed on,
it is also on the Bay side. I would like to know where the
septic system for that third piecewill be in the future. The
Trustees have to be mindful of the slippery slope ar~:ment, at
some point in time the Trustees will have to say, "you can't do
this'. And at what point do you do it? At the point where
there is observable environmenta] impact? The same problem
happened with the clam churning this year with the south shore
and the Bayshore, Islip and Sayville areas. For years and
years they talked about restricting the amount of cl~ers that
could dig there but they didn't take any action until the clam
supply diminished almost to about harvesting proportion and
still 15 years later the clam population has not rebounded yet.
And now fortunately as another individual said before is that it
is very hard to see into the future. But that's what your job
Board of Trustees 7 February 28, 1996
requires you to do. I believe that it would be appropriate for'
the Trustees to table these until the permits are in from the
proper departments. I think the Wetland~ Act requires it.
TRUSTEE KRUPSKI: Actually we amended that section. 97-22, in
1989. it says that we may waive that because ...... What 97-21J
did was put the applicant and every applicant in a 'catch-22'
situation. Ever~ pe~L~±tting agenc~ has that clause in it's
code. And it puts them in a 'catch-22' situation where we can't
approve until every other agency/ approves. They can't approve
until we approve. And that's why we put that waiver a
into the .... because somebody's got to make a decision eventually
and it's usually elected officials that. do.
MR. LEVELLE: I read the waiver, however the waiver does
finish up saying the reqtlirements of such position are not
necessary for proper consideration of a pe~t application.
However, the fact that a cesspool system is going to be allowed
in one location versus another makes i~ a proper consideration.
I don't a waiver in this case, because of that significant
difference and what may be allowed there, makes this a
basically .... it can change the entire application. Because I
think that whether there are ~wo separate systems or one is
obviously a consideration important.
TRUSTEE KRUPSKI: Any other comment?
TRUSTEE WENCZEL: Does the CAC have any
TRUSTEE GARRELL: i'd like to ask Mr. Mooney what makes you
think .... and I think you stated before that you would be getting
the approval from the Board of Health for the cess pool system.
Is this on the Bay side or the Lake side?
MR. MOONEY: On the Lake side. I've had test borings done.
there are other septic systems. There are two septic systems
located on Mr. Devlin's pr~pertsr. ~oth of those were
installed wi~h~ the last ten years. I believe that I am well
distant from both the Bay and the Lake to install a septic
system at that point without necessi~ for any waivers or any
pez~,its. I don't believe there is any problem in installing
these septic systems for the house that is gonna be moved onto
the Lake side. With respect to the septic strstem on the Ba~
side, itwas approved by the Health Dept. I needed a waiver
because it wa~ less tba~ 100' from the Bay. At the time it was
installed it was 92' from the Bay. I went to the Health Dept.,
a hearing was held in the environmental services and a waiver
was granted to us. That was obtained in 1984 or 1985.
TRUSTEE WENCZEL: On your house on the Bay side, does the tide
ever come up under that house?
'MR. MOONEY: The tide came up under my house at the October,
Holloween Storm and the December Stoz~ in 1992. Those are the
only two times that the. tides kas come over the b~lkhead and
didn'~ wash out unde~ the house. It came over the bulkhead on
those two occasions.
TRUSTEE WENCZEL: Did it flood the cesspool area?
MR. MOONEY: No, it did not.
MR. LEVELL: May I point ou~ that all the cesspools there are
bermed. Because of the scenario that you just put there.
that's why they're bermed. I think a test boring according to
Board of Trustees 8 ~February 28, 1996
the Dept. of Health, they found it inadequate. And that's why
on their Jan. 4, 1995 documents, that's signed by Roy Reynolds
indicates several problems with the survey that was received.
(Mr. Devlin spoke, but I could not hear him).
TRUSTEE KRUPSKI: What's happened in the past when we have
concerns about septic systems, is we have asked the Health Dept.
and they have been cooperative to act on a permit before. In
fact we have in our public hearing we're having an Assessment on
an application where just the same thing happened, there was a
great deal of concern about the septic systems, and we have
asked the Health Dept. to act on that and they have in fact
issued a permit just recently and now we are going to act on
that permit.
MR. MOONEY: In all due respect, this is the 4th time I have
been here on this application. This is not an unusual
application. This is not an application where there is any
major environmental impact. As you stated, I'm only encroaching.
several feet onto your jurisdiction. I intend to comply and I
must comply with the Health Dept. even before I can get a
Buiid~ng Permit. This Board can gr~nt approval conditional upon
me obtaining all of the permits which are ~ecessary. I would
expect that. I would think if we're negligent, which we are
not. I see very little purpose in coming back here month after
month after month. If I had been told 4 months ago that I must
get Health Dept. approval when you come here, I would have said,
"I know where you're coming from, ! will do that". I think it's
really unfair at this point in time to table this again and then
I'm gonna have to come back 3 or 4 months from now after I've
gone to the Health Dept. and gotten all those permits. I think
that is unfair in this situation. I respectfully request that
the Board to try to take a resolution, pass it, or deny it.
Condition your approval on any approvals you want me to get.
I'm gonna get them. I have to get them. I know that.
TRUSTEE HOLZAPFEL: I just want to point out one thing. The
reason you were back for 4 months is partly the way your
application came in. It wasn't properly' done in the sense that
you had asked a house off a piece of prouertsr and never got a
permit for that. So we asked you to go back .... so when you say
4 months, it's partly because of the way you applied for it. If
you had applied, for moving the house from the Bay front propertsr
immediately we would have acted cn that a little bit quicker.
It took Two months for you to dc that. I just want you tc be
clear in your mind.
MR. MOONEY: I think that I have done everything' that you want.
TRUSTEE HOLZAPFEL: I agree, but .....
TRUSTEE GARRELL: I think also the think that mad~ it complex
for it was it involved two lots swapping the house and the
question of how you would utilize the lot where the house was
moved from and whether that septic system was capped and useable
again. And then the additional complexity we get whenever there
a conflict between neighbors. We try to give everybody a fair
hearing and try to play with it and tease it out and address all
the concerns. So you go from one month to two months, etc.
Board of Trustees 9 February 28, 1996
MR. LEVELL: I would just like to finish up. I don't think a
delay in this matter ..... and the Trustees have an enormous
responsibility pursuant to what the Wetlands Act requires, but I
think one of the issues that may have been addressed is, aside
from the environmental impact for that septic system is that no
other property in this location is 50' wide and has a size house
that Mr. Mooney is planning on putting there. It doesn't
fit. He wants to build a house there, he should build a ho~e
that is conducive to the type of area that it is. That hogtie is
not conducive.. The other lots that have houses on lots near Mr.
Mooney's are 80' wide. This is 50'. There's t0' on either
side for passage for scenic views of Lake Marion. It is exactly
one of the reasons the Wetland Act was enacted. To protect the
type of environmental aesthetic views that exist in this
location. It may be financially or economically for Mr.
Mooney to move his house on such a manner but I don't think
that Board of Trustees should loose sight of the Wetlands Act.
because it's a financial improvement for Mr. Mooney. if a
house belongs there then he should build a ho~e that fits.
This house does not fit there. I'm sure you have all looked at
the location and seen that it's a very nazzowpiece of property/
and the house is large.
TRUSTEE KRUPSKI: Can I have amotion to close the public hear~Mg?
DAN MC CONLOGUE: I live on Marion Lake and I guess over 20
years ago we built a house with a view of the Bay'. Somehow or
other there were a lot of two or three story houses that were
built all along there and little b~ little it's being blocked
out and we can't see any "blue". They are building big houses
on small tots. And yet I have a problem because I believe
people should be able to develop, their property/~ within the
boundaries of the regulations.
TRUSTEE KtEUPSKI: We did have one question on the buildin~
envelop itself, that the house should not exceed...
TRUSTEE HQLZA~FEL: ! see no problem personalty moving the house
to the other piece of property. I do think it's outside most of
our jurisdiction. I do have a major concern with the prese/It
cesspool on the Bay side. And that m!rco~ceza is that it is
very close to.the Bay. The next door, to the property to the
west has e~rodsd fairly dramatically. My concern was the idea of
building in that envelop. And it deals with thecesspools
system in particular. In that if y~ubuild iht hat
envelop .... lets presume you build a 6 bedroom house. The Health
Dept. comes through and they're gores demand a whole new
cesspool system that's dramatically different. And I have
concerns voting to allow you build anything within the en¥~top
without us having some idea what that's gcnna be. D~d that's
where my resezYation is in the sense of .... t have no problem
with you moving the house across to the other property, but I
personally thinkthat should be separated from what's gonna be
built on the Bay front property, in other words what you build
there, we should be voting on what a plan of what your 9usna
do. Not on some ....
Board of Trustees i0 February 28, 1996
MR. MOONEY: I understand that and I have no problem with
that. And when I first came in it was just to move the house.
Then I was gonna come back with anot~ker application.
TRUSTEE HOLZAPFEL: No, what we asked you to do is bring in an
application for the Bay front property showing that you were
going to move the house. You had no app!icatio~ for the Bay
front property. And you wanted to pick up a house on that
property so you needed a permit to do that activity. That's
what you asked us to come for. But part of that deal .... I think
just appeared that you're gonna build another house inside
that envelop. That's where my only concern is. Is that that
house isn't unknown.
MR. MOONEY: It's gonna be on the same footprint. Then
there's height requirements in the Town~ You can't go over
32'. You can't go over two stories.
TRUSTEE HOLZAPFEL: right, but when the Health Dept. comes and
says, "you have 7 bedrooms", they're going to apply'to much more
stringent cesspool system. I don't know whether your gonna
have I bedroom or 7 bedrooms. I don't want to vote for
something ...... I don't feel that I'm gonna give a blank vote
to a house that I don't know what it's gonna be or will
require a septic system that I have no idea ....
MR. MOONEY: May I make a suggestion. Can the Board say to
me, "before you construct a new house, you come back and get
approval".
TRUSTEE HOLZAPFEL: Fine.
TRUSTEE KRUPSKI: So what this would be strictly to move the
house.
TRUSTEE HOLZAPFEL: Can we amend it to simply move the house
from its present location?
MR. MOONE¥: Yes, I have no problem with that.
MR. LEVELL: What if the DEC comes back and says, "you have to
put the cesspool across the street?
TRUSTEE HOLZAPFEL: That's a whole new batlgame. A whole new
application. For your own infoz-~tion, I think the Health Dept.
has just recently changed its requirements to some extent in
allowing much more' freedom for a person who is building in an
environmentally questionable area. They're allowing other
things now, as of January. They've come throug~with a closed
system. That su~ebod~ can come in and pump out so that now you
don't need the cesspool system anymore. There other things
happening and I don't think we're at this point gonna judge
what's gonna happen in the future. I'm no~ gonna vote on a
house that I don't know what it looks like. I think what we're
dealing with is simply a permit to move the house, physically
move the house and that's all we're talking about at this moment.
TRUSTEE KRUPSKI: Over the last 4 months we've been over this
which is the best way to go. We decided to split the
application and the CAC thought we should keep it as one and
everyone had a different opinion. I think it's just best to
move ahead with what we have because there's no right way here
there's just different ways. So, do I have a motion to close
the public hearing?
TRUSTEE GARRELL: So moved.
Board of Trustees 11 February 28, 1996
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make the motion that we approve the
moving of the house from the Bay front propert~ to the Lake
property with the condition cesspool be pumped and capped and
entire property except for the structural poles be clea~ed~ no
debris left.
TRUSTEE GARRELL: Second. ALL AYES
8:35 p.m. - In the matter of Proper-T Services on behalf of
VTVIEN SO0 requests a Wetland Pe~a~t to construct a
s~ngle-family dwelling approx. 54' X 36' overall, with Private
s~wage disposal system, and private well. Also to construct a
dock consisting of 3' X 6' platfoz~l, a 3' X 16' ramp, and a 6' X
2~0' float with two piles to secure float, and a 30' non-turf/non
fertilized buffer installed. Located: 265 Cedar Point Drive
east, Southotd. SCTM ~90-3-9
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application? The only thing we brought up in
the worksession was the addition of phragmites control
program. We could add this as a condition. Is there anyone
here who would like to speak against this application? CAC says
they are 9usna table the application because it wasn't staked
so they could not coincident on it.
TRUSTEE HOLZAPFEL: We talked about it a little earlier and Jim
did not get paper work asking to stake it, so that's why it
didn't get inspected by the CAC and I suggested maybe we could
do it as a conditional approval based on CAC inspection of it.
ALLAN CONNEL: I personally inspected it and I don't have a
problem with it. The Board as a whole wanted to look at it.
TRUSTEE GARRet. L: Motion to close the hearing.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE HOLZARFEL: I'll make a motion to approve the
application with condition that applicant may cut phragnuttes
to a !' height and maintain.
TRUSTEE GARR~.r.L: Second. ALL AYES
8:37 ~ In the matter of John Geid~man on behalf of N.
DE~LUCAirequests a Wetland Pez~,it to construct a 4' X
over heavy growth of Phragmites for beach access.
Located: 3525 Paradise Point Road, Southold. SCTM ~81-i-t5.S
TRUSTEE KRU~SKI: Is there anyone here who would like to
on this application? CAC reco~'m~ends disapproval because the
project will allow degradation o~a wild life habitat
infringe on a wild life corridor. CAC suggests that since the
applicant has foot access he continue with a 4' wide access to
the present location along the property line to continue with
Trustee approval and keep the phra~mites cut along the patkwa~
for access.
ALLAN CONN-EI,L: The CAC is very concerned iht hat zoning one
catwalk going across Town Wetlands is a potential for at least
two more. And just thinking of the aesthetics value on the
wetlands whether a second ...... it would be awfully nice if these
homeowners could work together and utilize the one catwalk. We
Board of Trustees 12 February 28, 1996
have a problem with 3 catwalks across the wetlands. There is
open water there and if you put three catwalks across that you
will pretty much destroy that wetland. He does have access to
the beach. Granted, it's foot access. He's keeping the
phragmites cut.
TRUSTEE KRUPSKI: That's one thing that I wanted to suggest also
that maybe he could have the catwalk starting at the house going
out I guess half way until you come to the upland portion. Then
it can continue on to ground level.
MR. CONNELL: I would rather see something portable in there
like a portable catwalk that could be removed rather than
stationary.
TRUSTEE KRUPSKI: Yes, but if you something poztable it's
gonna kill the vegetation in the summer. If they remove it in
the winter it's not gonna matter. If they put something
stationary you get vegetation under it and at least they could
access the higher ground further out.
TRUSTEE WENCZEL: Maybe we need a survey with elevations on it.
TRUSTEE HOLZAPFEL: They didn't want any part of the legal
things if somebody walked on it and got huzt if there was one
catwalk for all neighbors.
TRUSTEE Kt~UPSKi: We walked down the existing catwalk 'till we
came back from the Bay. So a good pcltion of that is upland.
MR. CONNELL: I know we are talking from the house out there
is, like Peter says, is a lot cf wetlands. There is some upland
area but not a lot.
TRUSTEE KRUPSKI: You think about a third of that is upland?
TRUSTEE HOLZAPFEL: I think it's worth looking at.
TRUSTEE KRUPSKI': I'll make a motion to table and to
re-inspect. We're gonna need elevations on the survey.
TRUSTEE HOLZA~FEL: Second.
8:45 p.m. - In the matter' of SUSAN MAGG requests a Wetland
Permit. to construct a 3' X 100' catwalk mostly' over private
property to access Halls Creek. Located: 495 Halls Creek
Drive, Mattituck. SCTM $ 116-7-4
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in
favor or against the application. CAC recommends approval.
TRUSTEE GARRELL: Move to close the public hearing.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE GARR~LL: Move to approve.
TRUSTEE HOLZAPFEL: Second. ALL AYES
8:47 p.m. In the matter of FP3/tt~SCAVONE requests a Wetland
Pezmit to remove dead vegetation and debris, re-vegetate and
install boulders as indicated on submitted plans received Dec.
13, 1995. Located: 1615 Fleetwood Road, Cutchogue. SCTM
~137-4-35
MR. CONNELL: I met with Mr. Scavone and he agreed to do
away with the boulders, to regrade the slope to a natural repose
and then plant. He was supposed to send in the amended plans
but I haven't seen any. He was in our agr_e~,ent to eliminate
the boulders and regrade and then plant.
TRUSTEE HOLZAPFEL: Were you doing the plans for him?
Board of Trustees 13 Februar~ 28, 1996
MR. CONNELL: No, all I did was give him reco~tendations on
types of plants. He had his landscaper there. Our biggest
concer~ was the boulders at the toe of the slope.
TRUSTEE KRUPSKi: Our concern was the boulders in the middle.
MR. CONNELL: Our concern too. They were only for aesthetic
purposes. He agreed to do awa~ with them.
TRUSTEE GARRELL: Move to close the hearing.
TRUSTEE HOLZAPFEL: Second. ALT. AYES
8:48 p.m. - In the matter of MICHAEL PISACANO requests a
Wetland Permit to clear- area for construction of a 1,700 s.f.
single family dwelling. Located: 8095 Sound Ave., Southold.
SCTM 959-6-16.
TRUSTEE KRUPSKI: I'll make a motion we table this until the DEC
flags for wetlands.
TRUSTEE HOLZAPFEL: Second. ALL AYES
8:48 p.m. - In the matter of ROBERT MORRISSEY requests a
Wetland Permit to remove and replace 139 t.f. of bulkhead in
same location and configuration and add two 8' retu~s. Dredge
up to !0' off bulkhead to maximum depth of 4' below ALW.
Resultant spoil will be used for backfill, approx. 30 c.y.
ated: 265 Elizabeth Lane, Southold. SCTM ~78-5-5
~i ~I ~ I ' m t o ~ ar
?RUS~ ~xu~±: ~ ±s ~ere anyone here who wishes to speak in
favor or against this application?
TRUSTEE WENCZEL: Move to close.
TRUSTEE HOLZAPFEL: Second. ALL AYR. M
TRUSTEE HOLZAPFEL: I'll make a motion to appruYe the
application with condition of a 20'.non-turf/non-fertilized
buffer.
TRUSTEE GARRELL: Second. ALL AYRES
8:50 p.m. In the matter of Land Use. on behalf 0f.~SI PAMPAS
request-~a-Wetland Permit to install 36~ of timbe~ bulkhead and
(1) 4'3" X 18' long triton marine mattress landward of the
mean highwater mark. Ten cubic yards of clean fill will be
utilized to back~ill between existing bluff ~nd bulkhead and to
attached to neighbor to west. Located: Sound View Ave.,
Southold. SCTM $51-1-19
TRUSTEE F~RUPSKI: Is there anyone here who would like to speak
in favor or against the application? CAC c~a~,ents
are .... approval.
TRUSTEE HOLZAPFEL: Move to close the hearing.
TRUSTEE GARRELL: Second. ALL AYES
TRUSTEE GARRELL: Move to approve.
Board of Trustees 14 February 28, 1996
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE GARRELL moved to go back to the Regular Meeting, TRUSTEE
HOLZAPFEL seconded. ALL AYES
V. ASSESSMENTS:
1. WILLIAM & CHRIS CONNORSrequests a Wetland Pe~l~t to
construct a single family, two-story dwelling, a 10' X 25' deck
on north side, a 5' X 25' deck on south side., sanitary system,
septic system with 5 leaching pools, well and a 375 s.f.
driveway. Located: West Drive, Southold. SCT~ %59-5-29.3
TRUSTEE GARRELL moved to give a Negative Declaration, TRUSTEE
KING seconded, TRUSTEE WENCZEL Nay, ALL OTHERS AYES
2. Policy to limit width of residential docks over tidal water
and tidal wetlands which will restrict the width of dock
construction to 3 feet.
TRUSTF~R WENCZELmoved to give a Negative Declaration, TRUSTEE
HOLZAPFEL seconded. ALL AYES
3. Policy to limit size of residential docks on Peco~c and
Gardeners Bays to restrict the length of docks to extend no
further than 100' from mean high water.
TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE
HOLZAPFEL seconded. ALL AYES
4. Policy will allow fences delineating Propert~lines to
extend seaward only to the point of peak lunar high tide, and to
be no more d~nse than a split rail fence.
TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE
HOLZAPFEL seconded. ALL AYES
V. RESOLUTIONS:
1. Eh-COnsultants Inc., on b~nalf of CAROLINE ELFE~S
requests a GrandzSatherPe~it to remove/replace inkind/inplace
241+/- t.f. of iexisting timber bulkhead, back~ill with 150 c.y.
of clean sand topped with 40 c.y. of top soil trucked in froa,
upland source, and a 4' X 4' platform sill will be removed and
replaced. Located: 4075 & 4205 Paradise Point Road, Southotd.
SCTM 981-1-9 & 10
TRUSTEE HOLZAPFEL moved to approve the Grandfather Permit with
condition that no top soil be used ~nd a 20'
non-turf/non-~ez~ilizedbuffer be used.
2. DANIEL C. MOONEY requests a Wetland Pez~t to construct a
foundation, septic system and wetl for the placement o~ a house
that was removed from Bay side of Rsbbit Lane. Located: north
side of Rabbit Lane, 401' east of Bay Ave... East Marion. SCTM
~31-17-!!
TRUSTEE KRUPSKI moved tc approve the Wetland Pezmit based on a
30' non-turf/non-fertilized buffer be placed, TRUSTEE WENCZEL
seconded. ALL AYES
Board of Trustees 15 February 28, !996
Meeting Adjourned at: 9:30 p.m.
Respectfully S~bmitted By:
Diane Jl/Herbert
Clerk, Board of Trustees