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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