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HomeMy WebLinkAboutTR-06/27/1996Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garretl Peter Wenczet BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Halt 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (5t6) 765-1823 PRESENT WF~RE: ~!NUTES ~JNE 27~ 1996 Albert J. Krupski, Jr, President John Hoizapfei, Vice-President Jim King, Trustee Martin Garrell, Trustee Peter Wenczel, Trustee Diane Herbert, Clerk CALL MEETING TO ORDER PLW.~GE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Wed. July 31, 1996 at 7 p.m. WO~KSESSION: 6:00 p.m. TRUSTEE HOLZAPFEL~ moved to approve, TRUSTEE KING seconded. AYES ALL NEXT FIET.B INSPECTION: Wed. July 24, 1996 at 12 noon APPROVE MINUTES~ Approve minutes of May 22, 1996 Regular Meeting. TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL AYES I. MO~Li~'~i~Ti~SThe T~stees monthly report for May 1996: A check i~ ~he amount of $4,320.29 has been forwarded to ~ne Supervisor's OffiCe for the General Fund. ~I~ '~ P~i~ NO~!~CES~i Public Notices are posted on the Town Clerk's Bulletin Board for review. ~. =o Perm~ 94496 to ~ M~C~AELBONTJE reqxlests anAmendment ~' '~ add a 3~ X 12' floating extension to the 16' fixed re~urn on ~he "J" with 2 pilings. Located: Island View Lane, Greenport. SCTM %57-2-23 TRUSTEE GARRELL moved to approve the Amendment, TRUSTEE HOLZAPFEL seconded. ALL AYES Board of Trustees Ju~ne 27, 1996 2. EDWIN BERNHARDT re_~uests~an Amendment to Permit~201I to add 4' X 18' of dock to existing dock, ramp, & float, totalling 75' as per revised drawing dated June 6, !996. Located: 500 Koke Drive, Southold. SCTM ~87-5-4 TRUSTEE HOLZAPFEL moved to approve the Amendment, TRUSTEE GARRELL seconded. ALL AYES 3. Richard Witzke on behalf of Si~vAN~ cAD~DDU requests an Amendment'to Permit ~4343 to install a 15' X 23' deck on top' of existing ramp. Located: 1380 Wiggins Lane, East Marion. SCTM 935-5-23 TRUSTEE HOLZAPFEL moved to approve the Amendment, TRUSTEE KING seconded. ALL AYES 4. Proper-T Services on behalf of VIVIEN SO0 requests a 90 day extension for payment to Permit ~4558 for a dock, ramp and float. Located: 265 Cedar Point Drive East, Southold. SCTM ~90-3-9 TRUSTEE KRUPSKI moved to approve the extension, trustee Holzapfel seconded. ALL AYES 5. JONATHAN RARIDON requests a T~ansfer to Permit ~4392 from Lisa Reale to construct house, deck, etc. as per description in permit dated 12/22/94. Located: Crescent Ave., Fishers Island. SCTM 96-6-20.5 TRUSTEE KING moved to approve the Trap~fer, TRUSTEE HOLZAPFEL seconded. ALL AYES 6. J.M.O. Consulting on behalf of C~IRISTOP~RR~-DOROSKI requests a T~sfer of Permit %2133 from George Hess ~nd an. Amendment to the permit to allow for the installation of a 3' X 8' ramp and a:6~ X 20' float with 3 piles to existing dock. Located: 65DiRi!ey Ave., Mattituck, SCTM %143-5-!3.! TRUSTEE HOLZAPFELmoved to approve the Transfer, TRUSTEE GAP~nL seconded. ALL AYES TRUSTEE HOLZA~FELmoved to approve the Amendment with condition that new drawing and description be submitted and that applicant remove debris from area, TRUSTEE GARRFLL seconded: ALL AYES 7. JAMES KING requests an Amendm~nt~/to~Permit ~28~ to include a 3 1/2' X 20' ramp to the e~isting 6' X 60' float on the northwest side of the existing dock. Ramp to besuspended from a platform on t~he fixed dock. Located: 220 East Mill Road, Mattituck. SCTM ~106-4-6 TRUSTEE KRUPSKI moved to approve the Amendment, TRUSTR~ HOLZAPFEL seconded. ALL AYES 8. .?or0ski Nurse~r~=Inc., on behalf of ANGEL SHOR~S requests a Waive~to clear =he unde~ brush, vines, bramble hushes and dead debris from park area. .Located: Bayview Road., Southotd. SCTM ~88-6-4, 5 & 13.1 TRUSTEE KRUPSKI moved to approve the Waiver as perP!anning Board's recommendation, TRUSTEE GARRELL seconded. .ALL AYES Board of Trustees June 27, 1996 Q. MICHAEL SLA/~E requests an Amendment to Permit 94440 to construct approx. 12' X 135' to 20' wide rock revetment instead of bulkhead to tie into two existing bulkhead~ as per DEC requirement and d~edge area around docks to depth of from 4' below MLW to 7' to MLW yielding approx. 350 c.y. of spoil and a 10 year maintenance period as necessary. Located: 1435 West Road, Cutchogue. SCTM ~110-7-26 TRUSTEE HOLZAPFEL moved to approve the Amendment with condition that excess spoil be given to the Highway Dept., TRUSTEE KING seconded. ALL AYES i0. En-Consultants Inc., on behalf of JOHN LA FORCE requests an Amendme~ !to Permit ~4581 to construct a 4' X 95' fixed walk instead of! 3' Located: 855 Home Pike, Mattituck. SCTM %113-9-16 TRUSTEE HOLZAPFEL moved to approve the Amendment, TRUSTEE GARRELL seconded. ALL AYES i!. ARTHURiTOPRT~ requests a second and last one year extension'to Permit ~4165 to construct a one family dwelling. Located: 365 Westwood Lane, Greenport. SCTM %33-2-10 & iI TRUSTEE KiNG moved to approve the last extension, TRUSTEE C~XRR~',T, seconded. ALL AYES TRUSTEE HOLZAPFE. L moved to go off Regular Meeting and onto the Public hearings, TRUSTEE KING seconded. ALL AYES vi. ~ .~PUBL~Cii~ H~NGS: THIS IS A PUBLIC HEARING tN THE MATTER OF T~E FOLLOWING APPLICATIONS' FOR .PEPJ~ITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE .AN AFFIDAVIT OF PUBLICAT/ON FROM T~E SUFFOLK TIMES. PERTINENCE CORRES~ONDENCEMAY'BE READ PRIOR TO ASKING FOR CO~ FROM THE PUBLIC. PLEASE KEEP YOUR O0~S ORGANIZED AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE 1 the matter ~ E. Raynor on behalf of to and replacel with 125' of bulkhead to tie intolneig~lbors existing bulkhead and backiill with 450 c.y. of fill to'stabilize. Located: 890 Old Harbor Road, 240' west of ROW, NewS~ffolk. SCTM %1~!7-5-22 TRUSTEE KRUPSKI: This application will be tabled until we can take anoth~ look at it. We talked about it during the Worksession. TRUSTEE GA~_RELL: Second. ALL A'iqZS 2. - In the matter cf PAULETTA B~ ~URF~. ~iN'requests a. We%]a~ Permit tOehOld stairs from top of bluff to bottom. Located: 2800 Dignan's Road, approx. 3,067' northwest o~ Oregon. Road, LiLCO pole ~25 & 26, Cut~hoque. SCTM ~83-2-i3.5 Board of Trustees June 27, !996 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? Anyone here who would like to speak against the application? ALLAN CONNELL: Just a clarification on our comments. We rec~m~end~d approval provided there be 3' wide and 3' off the bluff surface. TRUSTEE KRUPSKi: tt was kind of hard to see what the bluff looked like from over the edge. Did anyone go onto the beach? ALLAN CON~{ELL: Bob Keith was the one that ~ooked at this one and he felt that it was OK.. TRUSTEE KRUPSKI: What does the Board th~uk? As far as the width? TRUSTEE HOLZ~FEL: The width is no problem, it's the 3' high. You want to protect the vegetation underneath. That's the only concern the CAC has. MR. CONNELL: Right. Protect the vegetation on the bluff and make sure the stairs are high enough. TRUSTEE KRUPSKI: Any other c~nt? Motion to close the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE HOLZAPFEL: I'li make a motion we approve the application, with the addition that the stairs be 3' above the bluff. TRUSTEE GARRET,L: Second. ALL AYES 3. - In the mat%er of MARCUS & JOANN BRYAN requests a Wetland & Coastal Er0~i0~ Permit to construct 90 t.f. of timber bulkhead along tow of bluff with 15' retuz~ and backfill 10' behind bulkhead with..!25 c.y. of clean sand trucked in from upland source. Located: 155 Glen Court, Cutchogue. SCTM ~83-1-2 TRUSTEE KRLrpSKt: We will do these two public hearing together because they're continuous parcels and ~ey are of identical constructionJ Anyone here who would like to speakinfavor of- I am representing the Br~s'. This is pretty much the same case we d~scusSed with Ciaputa and Arcas. The retaining wall will serve to protect the toe of the bluff and as far as affecting the beach, in front of the retaining watl~ there are other reuaining walls to the east of this parcel. The beach appears to be uns~Sfected by its presence and in an effort to contain this shore we'll let it go at that and if youhave any questions I will answer them. TRUSTEE GARRET.L: Do these link up with people on either side or... DIANNE: No. There's a discrepancy with someone who owns, I believe stairs to the east of their property and they're not in accordance with the Bryan's and the bulkheading. However, beyond that parcel that that person owns there is bulkheading. TRUSTEE GARRELL: How steep .... that's pretty steep. DIAN/~E: Yes. TRUSTEE KRUPSKi: This doesn't call for any stone armoring. I think we discussed that on the site that that ends at ~ne return Board of Trustees June 27, 1996 and should be armored to protect the neighbors on either side. Any other coherent, either in favor or against the application? ALLAN CONNELL: I would have to disagree. This application does not even come close to being like the Arcas because it is actively eroding and the CAC see a need when a property is in danger of supporting a bulkhead, and this is a case where a bulkheading isn't necessary. The last application, we didn't feel butkheading~was necessary because it was not actively eroding. We' don~t want to come off as against hutkheading. We're not against butkheading when it's necessary, but we felt in this case it wasn't. TRUSTEE GARP3zLL: Tell you a little secrete Al, when we first took a look at Ciap~ta and the ones on either side, we had our doubts. I~t was 0nly after we got Jay Tansk~ down and we talked really in detail. Some people from the State and the DEC that we kind of .... we went around the other way. At least that's what I did. You just have to keep an open mind and rethink s~me 'of these things. I agree, some of these things you look at them at first shot and you make a different call but then up reconsider.. TRUSTEE KRUPSK~: Any one else like to comment? Do ! have a motion to close the hearing? TRUSTEE HOLZA~F~.L: ~Somoved. TRUSTEE GARRELL: Second. ALL AY~m TRUSTEE G~q.I~RT, L:: I'll make the motion to approve the application'of the Bryan's with stipulation that. the returns be armored with .stone; TRUSTEE KING: Second. ALL AYES 4. - In the matter ~ofMARCUS & JOANN BRYAN request a to constmulct 89 1.f. of timber'bulkhead along tow with a 15' return 'and backbit! 10' he.hind bulkhead with 125 c.y. of clean sand to be trucked ~n from an upland source. Located: 255 Glen Court, Cutchog~e. SCTM! ~83-1-3i 5. ~ matter ck with 7. pites, a 4' X 48' ~!'T'', a 3' X 10' ramp and a.6' X 26' ftoat.~ Located: off MaPle Lane, Orient Harbor~ Greenport. ~ SCTM 938-!-!-22 TRUSTEE KRLrPSKt: We'll openthe hearing but~I'd like to recess this until the last BOard member is here because he'sbringing some information on ~some eel grass studies and I want to inc~e everything in this. So I'll make a motion to recess this public hearing until we have our final Board member. TRUSTEE KING: SeCond. ALL AYES TRUSTEE KRUPSKI: We'll take comments in favor. PAT MOORE: I'd just like to start by saying that this property .... I think most of you were there at the inspections and at the last meeting in whether this should be an Amendment or a Permit. This property started out as a motel in late i955 and in !970's was converted uc condominiums, and has been used as such every since that time. Seven slips on the exisuir~ Board of Trustees ~ June 27, 1996 dock, all structures that are there presently have obtained permits over the years. In March of 1989 they got a permit and again in July t989 they included the slips. The condom%nizam consists of 21 condominium units and they had originally proposed !4 additional slips. They have ~7 presently, and they were asking for 14. The DEC recommended against the 7 on the easterly side beca,~e of the conflicts withthe adjacent parcel as well as possible storm damage..They have reduced, their request to 7 additions] slips for a total of 14. So they recognized that right off the bat there are going to be some members of the condominium who aren't going to have the benefit. of BOAT slips. TRUSTEE HOLZA~FEL: Were in the documents, drawing up the whole condominium, were each owner promised a dock? Was that part PAT. Of theoriginal prospective? TRUSTEE HOLZA~FEL: Right. PAT: I don't know. What has happened over time is when the dock was built they, my understanding is that the way it's been working is, the 7 slips they have a lottery system o~ those people, So that they all essentially been fighting over the same slips. There was no guarantee. The slips that a~e there shave shoaled over. They have always beenshallow slips to start, and small. So that the size of the boat essentially, I think the biggest boat is 20' The people in this condo are not, they don't have the large 40' vessels that they're trying to dock there. They have very small run-abouts essentially and family type boats. I'm just kind of paraphrasing my letter in case you weren't able to read it along the way. The application ~hat's been submitted is consistent~ with other docks that were pe.rmitte~ in the area. You have Cleaves.Point which was just completed !and it's based on a permit for 6' X 245' fixed pier with a 6' X 110' outer "T" and a 6' X 10~' series of floats. That's what Cleaves Point has to the east of them. Then comes the Fakaris property which was of great concern to us because at the crescent and actually impinge on our wate~ , the DEC, the A~my.Corps, and the Trustees saw fit to grant th~m a permit and they have 370' of dock that was aPProved' maybe two or three years ago. So, in line with all of the pe~l~itted structures that are-presently there, our application is actually less than what is currently~on ~ne adjacent parcel. I have with me this eve~ngMr. & Mrs. Regina. ~. Regina is the President of the Condominium Association. That's why when you asked those questions I - referred to him. I also have the pleasure of Eilee~Regina who has a Masters in Science in Environmental Education.. And ha~ actually published a teachers guide to environmental center. When she told me of her credentials I said, "wonderful because I remembered at the inspection Mr. Wenczet had mentioned eel grass. And when you mentioned it today, I sai~, ,oh, well I'm so glad your present". Because it's one of the things that I wanted her to speak to the Board about as far as the existing conditionsfaced in there for the past 30 years, and maybe Board of Trustees 7 June 27, 1996 longer. She will be' able to answer any question~ that you might hav~ in respect' to environmental conditions at that site. MS,. REGINAi: The point that I thought it was important to make is this area has~ be~n heavily used. by people over theI past 40 years. Since 19~5 ~iince it was built. The swimare~ Which is adjacent to our~oc~ is heavily used at all times. P~obably the last few minutes. It's recreational off our dock. pristine m~rsh area. this should benignly~ people, but grass ~r. our sw3_m ~h~ea. even with to pull it this is a been the This ts a of condo. offspring place. i area we were having .on a dock that there ~nd it for i see so far out~ for ~ TRU: pulled out within the last few being subjecte~ to ~eet and people jumping in and canon ~ba!ling ~hat I'm making is ~h~t this ~s not a It's not a nesting area that you would say Because it certs~nlyhas been and certainly been e/ljo~hY not an untouched area. Ther~ is eel 'Of all the activity that goes on within it remains there and it rema/n~ growing going on. There has not ever any attempt might say people not understanding that ~ronment, might say, "oh, p~ll that out. sW~m area". That certain!y has never was the Point that i wan{ed 'tO make. used 'area. It's a real family kind the condo. A sma!l~ not a big children. There are about 40 live there and currently.using the Any 0thOr comment? concerned ~hout the %ength of the dock because it is a collective scallop Latson pointed it out at the~meeting the Bay. in fact, that when you have into the Bay it effectively limits a going in there because the docks are area out 0~ urod~ction from th~m. And we felt that we do not it to be eel. grass area. We would rather east west configuration and not ex=end does not affect potential for harvesting I'~'.like to know at some point,ny at this juncture you made the application and not previously andwhy this hasn't been done before. PAT: What prompted this ~Dp!ication? Yes. The more of the homeowners could use dockspaCeand you would avoid some of the fighting that's occurred. However, there's also been a great deal of shoaling in the area and what used to be the 7 slips that's what allowed for used to be about 4 feet and shoaled over and really the first 3 slips have i 1/2' of depth. It's ve~/, very shallow in that area. The first 7 slips are primarily used by very ~all boats, canoes. That's where they dock. \\~ Board of Trustees 8 June 27, 1996 TRUSTEE WENCZEL: Excuse me. I was down there the other day and there's run-abouts, 15', 16', and 17' run-~bouts in those slips. TRUSTEE KRUPSKI: The way he Said that, there's a direct conflict there. PAT: Are you talking about the first3 slips because there are 7. TRUSTEE WENCZEL: Well there's small run-~o~ts in those slips, yes. TRUST,~.E KRUPSKI: So, which is it though? Are there run-abouts in those slips? PAT: I don't know~ You go down there. MR. REGINA~" I would tike to speak that the biggest we have on the premises is anl8 1/2' Grady White. When they're in the slips 1, 2 & 3 at low tide the boats are actuatly touching the sand. And we do put ..... we have canoes, we have row boats, we put them in the slips and even they, at 10w tide or full moon, are touching the bottom. According to the~ Ba~men we love the Baymen. We welcome them. I'm the president and every owner there when he see a Ba~men comes in and ask how they fish and clam in front of ~Ur place we welcome them, we give them drinks, ...... I have to say this, when people Chase them, we welcome them to come in. We give them the room. We bow to them. I~ll be honest to them. So when you say that we tr~ to block a Bayman, it really bothers me. Because we really care about our Long Island and the people who fish it and live here. TRUSTEE KRUPSKI: But, what about the run-abouts. Are there run-abouts in the first two slips. MR. REGINA: Yes, you can fit the run-~hout b~ut it won't .... they 'won't stay there at low tide. You have a problem. They scrape ~bottom. TRUSTEE WENCZEL: T~e question was, are they in the slip now. MR. REGINA: I don't know. TRUSTEE WENCZEL: I Was there yesterday, or the efOre. PAT: I was told that the first three slips are and it does create a problem for a small craft. was there, ~nd for a sho~t period of time t~at it Could stay there during a high tide or close to high tide. But I would believe that based on the testimony that if the boa~ were to remain there throug~t the day and evening, it would end~ up hitting bottom. And that's one of the problems that they'v~ experienced. MR. REGINA: We had an engineer come in known as J~hn Geidem~n, a very, very nice qentlem~ who. lives in the area and John came in and said, "Patrick those couple of slips yo~'ti loose in 6 or 7 years'. And he said, "if you have a storm like 1992 you'll loose in 6 or 7 hours". TRUSTEE GAR~V. LL: Is there any possibility, if there is a problem witi~ this, of reconfiguring the docks as you prGposed. Can you. give it some ~houqht to possible re-config~Lration? PAT: Mr. Geideman is, he's not here. Mr. Tuttle is the engineer who is involved as well. I don't know to what extent that there's been discussion ..... TRUSTEE KRUPSKI: Who~s the applicant? Board of Trustees June 27, 1996 PAT: Crescent Beach. Your asking whether configuration dates have to reply on the expertise of their engineers to see whether or not it's poss~b!e to re-configuze this so it can be accomplished. We're all layman ....... I certainly wouldn't be qualified to answer that and I don't think you would be comfortable wither. I just have to remind the Board that you've got two applications that you recently approved ~hat are 50' longer than. what we are asking for. And some that were very actively aggressively objected to by the Crescent Beach Assoc. because it affected our ability to design our dock and not be affected by theirs. It seems somewhat unfair to be putting this kind of burden on my applicant where you. have two that have gone through the process and relatively uncomplicated procedures. TRUST~R KRUPSKi: Which burden, first of all? PAT: As far as re-configuration and going through a lengthy discussion. The other applications I believe were Am~n~el%ts to the permit? I believe they were. TRUSTEE GAR~ELL: Which ones were they? PAT: You~have Cleaves Point and Fakaris. t know Fakaris we dealt with and objected to and nobody .... TRUSTEE KRUPSKt: You thought it was too long. PAT: And not so much that but it infringed on our beach front. They have 50' of beach front and put in a 370' dock. We have 200' of beach front and their encroaches over our space. TRUSTEE KRUPSKI: What do you mean 'your space' PAT: Where you have the frontage, there's 200' of frontage. TRUSTEE KRIrPSKI: But that's all State property. That's public property, in front. PAT: No, we have riparian rights over that 200'. Their dock goes like this, it crosses over what would be a parallel line from our property line. If you take a look at ....... TRUSTEE KRUPSKI: I just want a clarification, so we get this straight. The riparian right thing. PAT: You ..... TRUSTEE ~OLZAPFEL: 'What she's saying is that the dock comes this way, in front of their property. TRUSTEE KRUPSKI: Yes, but it's not ~heir ...... but it's State waters. TRUSTEE ~OLZAPFEL: In front of their .... imagina~f line. TRUSTE~ KRUPSKI: But you don't own as far as you can see, I don't think. I just want to get this .... when you say our riparian rights, you mean yours exclusively? PAT: Of course not. But our ability to expand and ~heir ability to expand is all predicated and the Azmf Corps has you considered the property limits that yo~ are extending. So that they looked at the ex~ensionand they look at the dimensions of the property. Fakaris went beyond their dimensions and into our imaginary line that goes straight out. You understand that? MR. _REGINA: It's a crescent. Fakaris's dock is this way, (indicating) ours. is this way. It's incredible how ..... it's blocking us. It's actually coming on us. And what I feel is that if he extends this dock, we are going to be blocked in. 'We'll actually blocked. You have to see it to believe it. TRUSTEE KRLrPsKI: We've been out there many times. Board of Trustees !0 J~e 27, 1996 TRUSTEE GARRELL: I can't remember myself when we approved those, sitting on the Board to approve them. PAT: Mr. Bredemeyer wa~ ..... TRUSTEE GAtARELL: So it was a different Board except for Albert. TRUSTEE WENCZEL: It was quite a while ago. PAT: No, it's not that long ago. It was approved Oct. 1995 and they just finished, they completed their structures months, ago. They were finishing up when we were out there. Fakaris was in 1992. TRUSTEE WENCZEL: I want to point out that around the dock on eit~.her side is as they pointed out in the area ~hat the dock is to be expanded in there is eel grass bed. Some of it is patchy. and some of it is fairly luxuriant. The further to the west that you go in that cove, the dock on the end ..... what was the name of the dock on the end? PAT: Cleaves Point. TRUSTEE WENCZEL: Number i. When you get down by Cleaves Point, the eel grass is not particularly thick. In fact, where that particular dock is is maybe the eastward limit of the eel grass bed, as you go to the west along that shore to where your dock is down towards the entrance to Gull Pond, in fact, all away to the breakwater is a real nice eel grass bed. Number 2. I think everybody realizes ~nd it certainly has been demonstrated by the Brown Tide studies and the Peconic Estuary Programs work that eel grass have been reduced in recent years. A lot of it's been laid to the fact that we've had all this Brown Tide that limit the light penetration a/Id whatnot. But there may be other factors and certainly in the amount of time that i've been on the water, the eel grass beds probably have been reduced as much as 50% over all. Not 50% everywhere, but I think i could safely say 50% over all. It's very clear when you go down on those docks, and particularly on your dock, that either the ~oat usage of the dock or the structure itself has affected the eel grass abundance around the dock. I pointed that out to the Board that if you looked where the boats actually are docked there and where the bo~t slips are there is no or little grass. Once you get beyond the outer poles, the eel grass starts, i don't know why that is exactly. There are some places where eel grass seems to grow fairly welt near boats but it doesn't look like it's doing too well there. Number 4. This particular area is a viable shellfish bed. I have caught scallops there, I list lots and lots of otiner people that have. Unfortunately we don't have any scallops ~is year. within the last year or two, ! have actually scalloped there and be~n so close to the dock I bumped .into it. Because that's where the scallops were. When you put a permanent structure of any type, even a pole ...... and I hate to tell you pays this but nobody is going scalloping in Cleaves Point anymore. Take a look at that structure. Nobody is going in there anymore. Even in ~ua!l boats the way they have that configuration with all those poles. When a dock like Crescent Cove is proposing it extended, they're not gonna be scalloping there either. At least with dredges and small hoars. That's a fact. There is also, and these folks pointed out ~here's also a Board of Trustees 11 June 27, 1996 viable clam fishing there. I know there's guys who dig there. There dense sets of clams all along from the Breakwater to Orient in the last couple of years and those are some of the only areas this time of year. All our creeks are essentially shut down. There's a couple that are open. The fellows who depend on clams for a living are forced now to work out in the Bay and they end up working on the edges of these grass beds wadding out, r~king or what ever, and this is a viable area. Obviously you could clam a little easier than you can scallop in an area like that but the more boats you p~t in this cove and this area the more likely it is to be closed. We all know the DEC will close an area that has a lot of boats in it simply on the suspicion that some of those boats have a potential to discharge sewage. It doesn't have to be proven. If you have boats in the area, and I know you have small boats in your dock, but if you have boats in the area that have the potential to have a 'head' on it, ~hey will close the area. That's a fact. Orient Yacht Club is closed most of the year for that very reason. There is no water quality data that says it's bad, it just simply the possibility ~hat a boat there may discharge that they close it for that reason. Number 5. Where those docks are is public property. That property belongs to all of us. Residence of Southold,. residence of New York State. I firmly believe it is wrong to give public property away when we have so little left. A large portion of the Bay is not public property anymore. There are still fords of oyster leases and private ownership out there. There are large areas that are unused now but are still privately owned. There's a growing trend to use some of these oyster leases. I believe every square inc~ of p~blic property should be protected for the public's use because if we don't in the near future there won't be any. If we give it all away to private use, then we will no longer have public property. Although you may think it's kind of radical I don't agree, and this is my personal opinion, I don't agree riparian rights grants you the right to exclusive use of the underwater !and in front of your property. It grants you the right to reach navigable water as I understand it. It seems to me that this public proper~t that I should have just as much right to moor my boat there or put a dock there as anybody else in the State of New York. That's my personal opinion. If we allow, and we have, maybe not this Board, we certainly have in the last number of years, allowed this are to become monopolized by the individuals who own those condos there, the rest of us will not be ah!e to use them. that's a fact. Number 6. I think if these condo projects or whatever, would like a private marina than they ougkt to excavate their private prope~t~and build it. Not give away public property. I hate to shoot down one of your other arguments, but I was t~ere at t0:30 and there was nobody in the water. It was a bright sunny day. There were run-ahouts in all those slips. They weren't huge, that's correct, but tkey were floating. It was 10:30 in the morning and the tide was a~out half tide. I pulled right in. In my boat I draw 2 1/2' of water right bp to the last slip and I didn't run aground. I believe that maybe at low wa~er there may Board of Trustees 12 June 27, 1996 have been a foot and a half. That's probably true. My last point is that I'm n~ ~ure that some of the Board don't want to hear this~ but, I'm gonna say it again, it was a mistake to grant any of those docks in that area. It was a mistake to allow to ~nstalt permanent docks there and monopo!ize~ it~' r~ And it would be a mistake to take away this piece of public property from the residents of New York State and allow private interest exclusive use. TRUSTEE AnT other Board co~ent? TRUSTEE Ho~ many more boats would your proposal bring in? Or how many more slips would be available? Secondly and this is fo~'pete I suppose, whether a re-configurationlwould be a solution~at' all. Wo~ld ~ere be a possible re-configurin~ around the eel, grass!~beds. If there were then the i~ediate thought be ~ring inl Geideman or any engineer and see if designing that would fit. Now whether that could be done I don~t know. TRUSTEE JUSt as far as the eel grass goes, the further west you thicker it gets, and it's just about.:up to the shore there~fromwhat I saw. PAT: It would that what you stated before Was~ grass gets denser as you go west, which goes reco~m%endation to modify the design. ~Also you've got the existing .... you have a concentrated area right now within! t00-208'imost of the boats are qoingto position themselves you have the swim areas where there is a lot of a! ~i~thefamilies that occupy those units. So reconfigur~nq. TRUSTEE SARRELL: ~owmany moredocks? PAT: Seven. Only seven, we've got seven, very1 small~docks, very smal~ ~e wan~ an,:additional.seven. TRUSTEE Whe~ did you~have the discussionwith~.the State when discourage~ you from using PAT: I'm ~ t~is f.rom Mr. Geid~m~n. to because ofi the stozm: factor~ And I don't know to, what~ extent that they felt the storm damage and the affect o~ the waves on the boats and soon, they felt that the east was just not acceptable. .They didn't w~nt any slips on the easu side. And therefore we 'Amended our application with the~DECi~and only provided for on the west side and therefore reduced the number of additional siips from and additional 14 to onl~ 7. TRUSTEE WENCZEL: When ! was looking at it the other day it really seemed like with all that structure to the east therethat there's probably a lot of protection on the west side. PAT: The east side. TRUSTEE WENCZEL: Yes, the east side. PAT: Mr. Geideman was representLqg m~ clients with respect to the DEC and the DEC fe].t very strongly about that and again Board of Trustees 13 June 27~ 1996 partly because of the infringement of the adjacent docks that putting the slips on both sides was gonna create a problem. TRUSTEE WENCZEL: Did they look at since Cleaves Point completed their monstrosity there? PAT: Well the application was done simultaneously .... TRUSTEE WENCZEL: Well ~ne work was finished at Cleaves Point, right? PAT: Yes. they have the DECpe~l~it. TRUSTEE WENCZEL: But, what I'm saying is it's a different place now that Cleaves Point has completed that splash wall under the dock. TRUSTEE HOLZAPFEL: They have splash wall that they put that blocks all the waves.. They put it on the east side of their dock. It becomes almost a breakwater. TRUST~E KRUPSKI: What's being suggested I think is the way your dock stands now all ~ne slips are to the west. 7 slips. couldn't you create 7 slips, granted the first slip isn't gonna have a lot of water, 7 slips to the east side directly opposite to those 7 slips. 5IR. REGINA: That's the swim area where all the children swim. TRUSTEE GARRELL: Could you change the swim area? MR. REGINA: : No, we don't own it. there's no where else to go. TRUSTEE KRUPSKI: We'd like to work with you on this. And obviously this is not~.a straight forward application. PAT: I'd like to address the propert~ rights issues. We're dealing with environmental factors an~I think I have testimony on the record from someone who lives there but is also has expertise in the field. That that area is not a pristine area that .... in relation to the typ_e of environmental concerns that you obviously are concerned with and have to address~ This isarea is a heavi!yused area. It is not pristine. The eel grass that you're concerned with has been able to thrive, even despite the activity~ TRUSTEE KRUPSKI: I don'twant to.get into what'is pristine because if its ee~ grassh~hitat it means that's where.the eel grass wants' to go. there's not definition in the code of what pristine is...Your saying it's not pristine. The Bay is affected by man's'activity for the last 400 hears,~ seriously for the last 50. So when you want to say what's pristine, tell me what area in the Bay you would consider is pristine, and we would use that as a bench mark. PAT: Let me suggest something~ There's a balanc?kug test that we apply here at at~ times. I know that *~his applies~it. There's a balancing t~st between m~ clients, the p~opert~ owners that pay.taxes on their property and have a certai~right t~ use their property and of course has to certain ~t described the riparian right. The rights to use the property, the water front- property that they own.- TRUSTEE KRUPSKi: That they own. The water and property that they own. Absolutely'. PAT: I won't get into the court TRUSTEE KRUPSKI: Well you could. Maybe you should. Because don't understand the way your going with tb~s. If they own the property, they definitely have property rights. It's my Board of Trustees 14 June 27, 1996 opinion, and this is why I asked you, because there are areas., and you've go~en into the area of riparian rights, and we own it. I wa~ what you meant by "we" before, because some areas of the.] ~eter said, are privately owned or privately leased. ~nd~if this is the case then~we look at it ~ause. the Client would have private proper~E rights, is State water. It's public property. And then i Everyone in the State has the right to use that to private property. PAT: balancing test. And the right for ~.as for fishe~Uen to use t, he property. It's b ~rights of the property owners to put in a' very dock compared to the other docks that have been approved'J time frame. TRUSTEE just like to point out tho=, we all pay taxes ~.to all of us. TRUSTEE beginning to ~hink that the~e~s a middle way out'of that is we ha~e a seri( working 0sessions wi~ presumably coming down. suggest Mr. Geideman. We'll and see re.-con~igurethat in what's .accord with the changes 'th~t'ihave been mad~ the splash wall.. And se~ if something : 7 slips. It sounds like i~sho~]d be to shoehorn something in ~here and do At leas~ it worth an attempt. ~ause what you sa~d, "mistakeshave been east". ~nd we really don't Want the mistakes. . ~ But where We're taiking'ab~ut at Cleaves with Cl can be possible it in sat TRUSTEE KRUP~ made in the Board to PAT: I've s Point TRU KRUP~ ~' iBut you can't have'it both You can't sa~ ~.they. had it, but i%"s a mi ~T: No, we're saying is that don't.. ! of~ us play by ~ame rules. The concern~that we had Fakaris went 'by his own rules and that was a different Board obviously, b~t'they didplay by his~own rules ~'ever~ng he they got an extension of'their doCk which is pending; ~n~ it's within 100' DEC has given us app the entire project, ~nd here.we are and 4:mon~hsi"have gone by and .... TRUSTEE KRUPSKi: WelI'you changed the application also. PAT: No. The direction that Mr. Geideman, i'wasn't involved then, was told'tCproceed was as an ~nendment't~ the permit. That's what he did and ultimately a~ter our inspectionwe agreed fine, we'll come in as a public hearing and put all the information on record and have a public hearing. So we were hoping to complete this produCt within a reasonable time. TRUSTEE ~7J.: What was Mr. Geideman~s amendment? PAT: It was this ~Dplication. It was originally considered that because there were 'only 7 additional simps as anAmendment. ?iR. REGINA: I fished and ci~mmed this area since 1964. I have lived every inch of ~at water. When you say the eel grass is Board of Trustees 15 June 27, 1996 thicker where we are than in front of Cleaves Point or in front Fakaris's, ! have to totally disagree with that. You mean from me to you is Fakaris's dock, a little further, 50' away, and the eel grass lives it with 40 children around and we're hurting the eel grass. We wouldn't hu~t anything in the environmental. ! am totally for the environment. We are a small place, we respect, we clean thebeach, we welcome anybody, we take care of the environment. When you tell me that Ii'ye been since 1964, fishing, cl~m~ing, scalloping the~e and to say that there's 50' to 60' separates between flourishing eel grass and no eel grass, ~hat I tend to differ with that gentlemen.. TRUSTEE WENCZEL: That's not what I said. Let me defi/~e what I said. MR. RESINA: Under the boats there has never be~n eel grass'in that area. The twisting sand from the sto~l, when you just looked at it .... from the storm os 1992 pushed tremendous amounts of sand in that area~ we used to have 3' under the deck house and if you ctammed~there and scalloped there you would notice it that the sand has built up almost, say 2 1~2' almost 3' in height that covered alt that area. TRUSTE,~ ~WE~CZRL: Behind the dock, I k~ow, where the boat slips are because the structure is there. MR. RESINA: Yes. No, no, no. Not so. It built ~p there. So when you tell me this wear from the environment and Cleaves Point didn't hurt the environment, or Fakaris didn't, and, I'm not saying two rights make a wrong, or whatever, you~issued those permits, andwe're asking to satisfy...~e have 11 or 12 boats, we only have 7 slips, and we keep small boats. I cannot see where we hurting ~e environment and these conglomerate can get awa~ with having owning 100' of beach front a~d having 300 odd feet of dock is beyond my imagination. And Cleaves Point .... b~lt a marina in fron~ of their house. And we're asking for a little bit to satis~ the home owners and have small boats put in front o~ the place and not hurt the environment. And we'tl ~still welcome yo~ in frnnt of our~ house when yo~ come there. TRUSTEE WENCZEL: Just~to cle~ that up. · was vehemently opposed to Cleaves ~pOint. I~ votes against it. When ~ described the eel grass I was not saying that they had no affect on! it, ~ said that the further east ~ou go along thatshor~l~ne, the edge gets narrower a~_d the.bed~gets lets sparse. When you get to the east side of Cleaves Point dock, there is very little eel-grass on that edge. I did~'.t say they had no affect. Believeme, I was vehemently opposed to having that dock. I virtually, a similar speech ~nd ! voted aga~st it. So don't misunderstand. MR. REGINA: I'm not. We-hadthe same amou~t-of eel grass as they did. TRUSTEE K~RUPSKI: Believe me, Pat, we're not looking for a ..... we'd like to resolve these things~ as the~ come up because we have long agendas. And if it doesn't get resolved, it's there ag~innext month. So it's to no advantage.to us~ it's not like we're trying to string you people along. We're not. We're trying to do the right thing. Mistakes have been made in the past on the docks. We'd hate to blindly go along and repeat Board of Trustees 16 June 27, 1996 those mistakes because then there'd be no sense in having a Board. Could be meet with you, on site, and try to work something out? PAT: That~would be lovely because we don't want to go back and forth. If you could get the DEC to come out amd ...... I think the important point for the applicant is to get the number of boat slips that he need~ and meets the depths that acce~o~te the condos. TRUSTEE ~RUPSKI~: I'm going to make a motion to recess the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES 6 Inc., on behalf of~JO~ construct 120 !.f. of timber 8' returns and dredge an area up to 10' in front ~0f new to a max. depth of 3' below ALW. Located: 1020 ~!ennRoad, Southo!d. SCT~ ~78-2-28 TRUST~.~ KRUPSKI: IS there anyone here in favor of the I'm here on he_half of Mr. Lynch. He is here, and also with Pastick and they will be happy to discuss the application, t' heard from Diane that he Board was considering denying because they didn't feel that it was necessary. We some photographs indication there is serious erosion on the bank of Mr. Lynch's property. It's a serious problem~and needs to be corrected. He is here and has supplied some great photographs. I don't know what time you went to look at the property'. I believe it was about 11:00 am. TRUSTEE KRUPSKI~: No,' it was probably 8:00 am. DIANNE: Around. high tide, you couldn't really get a good idea of the situation. TRUSTE~ KRUPSK!: Because it was high tide or because it wasn't high~ide. DIANNE: ~ Beeaus~ it was high tide. TRUSTEE':KRuPS~i: Idon't think it was high tide. TRUSTEE G~L: ~ What:day were We there? TRUSTEE KRUPSKI: 19th'. This is where we were. DIANNE: Be~aus~ when I'Was there it was ~bouthigh tide and you couldn't reall~get' a good idea. TRUSTV~E KRUPSKI: No this is low tide, we were tlkereab0ut mid-tide. DIANNE: At 'low tide you can see, the trees are falling into the creek and the b~nk is eroding. TRUSTEE KRUPSK~: This is basicallywhat we call 'cut and fill' operation. And this is something that we haven't allowed, ~nat i can remembersince the days before Paul. Stoutenberg. Because what t_his does is destroy int.~_r tida!ma~sh which is the productive area of the creek as far as the m~rine!ife. T~at's why it hasn't been allowed in probably 20 years. So this is not something thathas just come up in the pas~ five minutes. DIANNE: Then how do you expia~n the fact that there was a permit already issued for this property' for a bulkhead for a similar... \?~[ Board Of Trustees 17 June 27j 1996 TRUSTEE KRIZPSK!: I don~t know~ In 19937 ~ifferent Board. Thirteen years ago they saw things differently. STEVE: Where is themarsh in some of these photographs? TRUSTEE KRUPSKI: We were there. STEVE: I don't see any grass there. TRUSTEE KRUPSKI: That's all inter tidal area. That's all productive marine area. TRUSTEE ~OLZAPFEL: Marsh doesn't need to have grass. STEVE: Then how come the trees are falling into the creek if there isn't an erosion problem? There are trees that are in the water. Now what's Mr. Lynch supposed to do? Is he supposed to let the trees fall into the water? TRUSTEE KRUPSKI: This is a straight forward 'cut and fill' bulkheading operation. Steve have you ever seen one of these done in Southold? STEVE: Yes, when I 'worked for Pat Karry we did one right down the cree~k. TRUSTEE KRUPSKI: Also down the creek I was on the Board then, and we denied one to the east of there, same scenario. STEVE: We did 200'. TRUSTEE KRLrPSKi: We denied, the application when I was on the Board to complete that into a basin. Because all it does is sterilize the creek and once you loose your filtering capacity, once you loose your biology in the' creek it just becomes a cesspool basically. ALLAN: But you don't think the bank will keep eroding? TRUSTEE KRUPSKI: The erosion in this case can be solved in other manners besides cut and fill operation. STEVE: What if we kept the bulkhead back and maybe plant s~ue beach grass or TRUSTEE KRUPSKI: But in this case where the bank slopes down then your talking about a retaining wall. STEVE: The bank doesn't slope down. TRUSTEE KRUPSKi: Well that's what I mean. That's exactly what I mean. It doesn't slope down. You'd be p~tting a retaining up on your lawn ~nd that wouldn't solve your erosion probi~. STEVE: Ultimately, I've been Mattituck for 25 years on ~Peconic Bay. We just bought this house in January and I know what happens out there. In camp Mineola used to be 100' out~ and then basicallythe erosion. Part of what we are doing here is that the creek narrows down there. There's butkheading across the way and Mr. Torkelson, who signed the consent for me says to me, "every time'a boat goes by he can see it just eroding on our side beca~,~e it's set far back with h4m. So we're kind out in the middle there and as that tide comes by it .just keeps taking it and t~king it. And if I can st~hi!ize it then i think if I have to loose something in the front. I don't really care, as long as I can stabilize it. so it doesn't keep going down. There's some pretty good trees that. have come down and you can see in the pictures there. I got some with 6 and 7 inch girths. Some of them are just the roots. When we got the house in December I saw the first low tide. I looked u~uder couldn't believe what I saw. All the roots are hanging under there. Every time they get a wash, it keeps going. Board of Trustees 18 June 27, 1996 TRUSTEE KRUPSKI:: We'd be happy to work wi~n you with a planting plan that will Stabilize and re-grading plan but as far as the cut and fill would say that was pretty much out of the contacted the DEC? the DEC and have gotten a complete applicati~ them but we haven't gotten any permits. Because of: ... TRUSTE~ KRUPSK!: No w~ don't do SEQRA. DIANNE: Oh,~y~u don'ti~ MR. ~L~I~CH~ not an attorney and I didn't come here prepared to ~0 ~%~n i thought what I saw here was enough heard a lot .... Mr. Samuels took a look at loosing it alsd TRUSTE~ MR. LYNCH: and build 13 they' haven'~ that sticks out are tired She said ali trees in the water. '~_hat's ,the Sound. Mr. Garre!t~ but the Soil Conservation~Service When we have a project like them and work out a solution. We 'animal' entirely. ~tety different. not Grandfathered b~2au, se!hedi~'t by the same token it notlthat ~ong ago~ worse since thattime. This one D~eek. The people across the way i~fact The one lady.gave me a Consensus, that bank eroding all the time~and the I!'d l~e to put that in the recOrd"also. TRUSTEE KRUPSKI: Sure. MR. LYNCH: Torkelson is next door to~,me and that's the lady across the way. TRUSTEE KRUPSKI~: Yes? ~e saw'some bulkheading across the way. MR. LYNCH: 1%hough~'~! had those' pictures on the too. So if at leas~t at the narrow area if you stabilize it, that's al!'~its gonna do fill that creek in right there. You look at those getting that way~ TRUSTEE HOLZ~3FEL: I~ think our feeling is we wouldlike to see you try to use a soft solution to this particular problem first~ Instead ofla hard s~lution. TRUSTEE KRUPSKI~: It'S not'Long Island Sound where you get sever storm .... TRUSTEEHOLZAPFEL~: It's completely different..'..and"You have 30' of water. That's as wide as it is. TRUSTEE GARR~r.~' We were there very close within an hour of low tide. So we d~d get a good look. TRUSTEE KRUPSKI: But it's still a 'cut and fill' operation. It's not something that we would approve. MR. LYNCH: Maybe I don't underst~d the 'cut and fill' part. MR. SAMUELS: Yeah, I don't understand 'cut and fill'. Board of Trustees 19 June 27, 1996 TRUSTEE KRUPSKI: You cut the bank and dredge out and refill behind it. You cut in front of it and fill behind it and destroy the whole inter-tidal area. MR. SAMUELS: If in fact .... what confuses me here is~ West Creek is what we call a man made creek. It was dredged Years ago. The spoil was put on the upland. If I were to come ~o~ your today with an application to dredge West Creek, essentially is a cut and fill operation, we would no.t get that permit iw0uld we? TRUSTEE KRUPSKi: Well no, you don't know that. It's a maintenance dredging pe~it. MR. SAMUELS: I shouldn't prejudge. I take that But what's happening is the loss of upland and fine soils, not sand, is grad~ally shallowing up that at .Mr. Lynchs' property, which is a critical area. Beyond that it's pretty tough. Mr. Lynch, and I'm not the contr~ but has lived in Southold for 25 years. As a long he probably, when he looked at the property, beZ and when 1you obviously see a loss of' property, there is falling into the creek. It's not planted stuf assume that Mr. Lynch, and also if I looked at it as ~time resident of the town, that you could put a wall to protect that upland. Now as faro as tb~ dredging is concerned that's another question completely. But as his veqetation is concerned, I would think inwhat the Trustees stand for. You, on your new are requiring indigenous, vegetation be planted. Now soft approach, would work for any of these properties, people would do it. It is inexpensive. I'll bet you a dotlaE, to a~ donut Mr. Lynch would lrat~er not Spend $100 a foot for "a b~i~'ead, if the soft approach would work ..... we have done over 65 soft approaches prmmarily in East Hampton on 3 Mi!e~Harbor which is a creek and other areas. And the first storm surge you get, you loose everything. Including omoflor with-ten foot rise zones going down into the gro,~ud. If ~qe soft approach we~e good, I wouldn't have a business. I have: sympathy forMr. Lynch. Beyond that I can't say much more. But it would seem to me when he looked at that property and having lived in this town on bulkheaded property for years, and i'm sure.he's been. up on all the creeksl all these years, he's-seen bulkheads-~hich are similar. And Al, I~ve.bui!t~up]and retaining wa!tsabove little patents fringes and a!terna ~'inges ~ the last:20 years. -~hey're difficult to build and where you don't damage the marsh in front of it. in point of fact., the Board h~ mitigated marsh plantings in front of them after we have completed it on occasion. I don't see any way Mr. Lynch can protec~~ his upland in that vegetation wi~h other than a bard structure or rock which would be too big a foot print which would do more damage than it's worth. Personally I can't see any alternative to it. And it would prevent to some extent the shallowing of that creek at the bend. TRUSTEE GARRELL: We had less of a problem with putting a hard structure in ~here when we did with the dredging. I think tha~ was the connection, between the two was there. Board of Trustees 20 June 27, 1996 ~K~. LYNCH: The dredging wasn't something that I precipitated on .... Torkelson next to me, is very low. I don't know if yon can see it, his slopes right down to the water. This is so much higher. I'd have to tear that all out to get that same effect. I don't want to do that. I like the trees and I like the way they are. TRUSTEE KRUPSKI: Can't we meet you out on the site? It would be the best way. MR. LYNCH: Sure. TRUSTEE KRUPSKI: Can we include the DEC in this, because your gonna require their .'blessing~ in this also. It's better if we're all there together. MR. LYNCH: As Mr. Samuels said, I'm an attorney and deal with land development all my life, and I took a look at that when I bought it, and saw on my survey that it went out another 15' of my land into the creek. I think from the plumber, he!did the sub-division. And laid them out and I don't know whether they dug the creek after they laid them. out but I have land that goes 15' technically into the creek. I saw that, I saw the old permit and said to myself, I would think I would have to get some kind of ...... I wouldn't condition it .... buying it. I love the house, I love the proper~y, it's my third last house. MR. SAMURLS:i How would you feel or consider if this is a retaining wall? ~TRUSTEE KRLrPSKI: Let's look at it on site. Because that's too generic to move it landward. CAC comments? This is one where it's gonna be substantially revised. We're gonna table the whole thing. No matter what happens we're not gonnam~Ke you ~e-~ppiy or make you re-submit. PEA~R~: On the property next door to this, there are trees all falling in the water now. Who takes care of them? Does the town? I live north of there. TRUSTEE KRUPSKI': Call the Bay ConstAble. He'll come and'ipull them out. SPEAKER: He'll pull them out? TRUSTEE KRUPSKI: He sho~td if it's a navigational hazard, sure. SPEAKER: It's hanging over the land. TRUSTEE KRLrPSKI: Oh, itshanging over the water. SPEA~.~: I had one tree. go in the water in the storm ~d 'I pulled it out myself. I'm getting too old for ~hat stUff. When you ~tatk about animal life there. The creek years ago~ there was fish in it. Now you can't even see a kiilie this year. Because you biggest offender in that area is the Town itself, with the drain that 'goes in. And the Town has done nothing about it. You got the drain right at the end of the creek going right, into it~ .And nobody does nothing ~bout'it. They talk "oh, the Town is gonna do ~his". i've been there 16 years, and haven't seen the Town do a damn thing. TRUSTEE KRUPSKI: We're'working on two drainage projects right now. SPEAKER: They're always working on something else. TRUSTEE GARRELL: The problem is we've all learned something over 20 years and we've all something over 30 years. You live in ~he Town too, we al! live in the Tow~, we've ali got to pay Board of Trustees 21 June 27, 1996 · taxes. But if we were to go after every drain project simultaneously that's need going after, it would cost something !ike-3 or 4 million dollar's. Now we can't go after that all in taxes in one shot, so we're doing it a couple of drains at a time. It may take 20 years, your Grandchildren may live to see it. I hope they do. But the point is we cannot do it all at once. And we're tack!~ng it. But don't hit up on us all at once. SPEAKER: I just laugh at it because I think they do st~,d~es of Goose Creek and they just ignore. West Creek and they say "that doesn't go in". When they made ti~e map I didn'-t see any 'of the drains that were along Glen Road. I didn't sec any of the drains shown on the map. This man is trying to benefit all the people who live there. TRUST~R KRUPSKI: We're not denying there's a big problem at all. SPEAKER: Because I lived there a lot of years and I haven't bu!kheaded but a lot of my propert~has gone into ~h~t creek. TRUST~R KRUPSKI: Does CAC have any col~ents? ALLAN CO~PN~.LL: We requested that if there are any revisedplans that we see them. TRUSTEE F~RUPSKI: I'll make a motion to table the application, TRUSTEE. HOLZAPFRL: Second. ALL AYES 7. In the matter of STEVENBELLAVIA requests a Wetland Pezmit:to construct a 4' X 12' open pile dock and steps, a 4' X i2' ramp and a 5' X 16' floating dock with associated pilings. Located: 380 Lupron Point Road, Mattituck. SCTM ~115-11-21 TRUSTEE KRUPSKI: Is there anyone here who would like to comments on this either fore or against this application? CAC recommends approval. TRUSTEE KING: I went down and took a look and in the back yard you could hardly get through. I went down the adjoining property and it looks alright. The only problem, the neighbor to the east has a dock and a boat ~nd they're gonna have ha~d time getting around, his boat. That's only a little ditck there. TRUSTEE KRUPSKI: Is he the last house there? TRUSTEE KING: I think there is one more house. TRUSTEE KRUPSKI: Will they be able to get by him? TRUSTEE KING: I don't think he's got any more construction than the other one.: But they're small boats there. TRUSTEE KRUPSK!: Can we cut it back by 2' or something, is that gonna make a difference? TRUSTEE KING: Lik~ I said. it was hard to se~ probably no~. TRUSTRR HoLZAPFEL: If this was the actual canal. TRUSTEE KRUPSKI: That's just a drawing, and not realty what is represented there. When we approved ~he house I ~d/ink we made a provision for a berm in here so the water wouldn't flush out into ~he creek. TRUSTEE KING: it's really narrow ~nd shallow. I don't think it's a problem. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE GARRELL: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUST~ KING: Motion to approve. Board of Trustees 22 June 27, 1996 TRUSTEE HOLZAPFEL: Second. ALL AYES 8. matter of Costello Marine on behalf o~STANLEY J. a Wetland & Coastal Erosion Permmt to Insta!! 200~ bulk=head to attach~ td neighbors proposed bulkheads-eaSt and west and backfill with clean fill from appro~ea!u~land~ source. Located: 635 So, mdview Ave., SouthoTal SCTM %50-2-7 Is there anyone here who would like to speak in is erosion the property, Ther~ are pictures which. I would like to enter into the record, There is sliding on!that cliff, but vegetation is there but there's many places were it is sliding. This whole area is sliding is because.~ .... (defected tape, skipping portions of conversat4on) i would be happy to answer any questions you have in regard to infot~tion On this property. TRUSTEE F~RUPSKI: One question. Is Arcas to the east or west of Ciaputa? ~iR. COST~JJ.O: Both, There's a parcel on each side:. TRUSTEE~KRU~SKI: And it says to join up with the neighbors. Does that mean only Ciaputa or is there bulkheading'toeitber side? ~. Cf)S%r~T T,O. middle Ciaputa is in the middle. There's 200' in the ~'s Arca~ an either side. Of all three o~ ...(skipped) And all three will be armored with rock when they'Ke MR. COSTRLI.~: Yes. TRUSTEE~LrPSKI~ Because it wasn't in the ..... it was in one description but not in the other. MR. COSTELLO: This is a resumption I believe ..... (skipped) TRUSTEE Kt{Lr~SKI: Will you be restoring the bluff at all? MR. COSTESLO:.:Just the area that will be backfil!ed. Not the vegetation ....... (Skipped) it just happens that~ the'vegetation is sloped .... (skipped) TRUSTEE ~~ John, what's that slope.' Isn'tthat something_ 4 to t or 3 to I? MR. COSTEIJ.O: There is a couple of cavities in difEerent areas. But St'can be done. TRUSTEE GARRWI~: I think you have to start the toe. ..... and'the only way to stop i~ is the toe erosion.. There are several instances, and wehave been involved in several cases lin a much more extremely severe tb~n .... (skipped) TRUSTEE GARRFI~: That's ~ne kind o~ thing i was thinking o~. MR. COST~/.7O: B~t there should be planting and vegetation and a limit for the vegetation being too ..... (skiPPed, turnexl tape over). If there's enough vegetation down below, it can handle it. (skipped) The vegetation is very di~ficuit to grown there where the whole cliff is sliding. I'll give you these .photographs to enter into the record. Board Of Trustees 24 June 27, 1996 ALLAN CONNELL: Just one question. As the low on the erosion on the bluff...(skipped) TRUSTEE KRUPSKI: We did talk about that, I don't know if it's that simple. After all I've heard last week I don't think it's that simple as those people trying to feed the Sound with sand. From what I've heard and this is what these three experts thought, during a storm eVent, you loose say, 20' in one day, now many cubic yards of material is that? They said that at least 95% of that is lost off shore during a storm event. That most of that...just doesn't storm off and stay and move along the shore, most of that is lost in that storm event because the stozlL~'s eating at the toe then it slu~s down and of course that's soft, so that gets swept right out to deeper waters, except for the cobbles and boulders. All the sand and even the gravel are swept off shore and they never contribute to long shore mo~e4u~ent of sand~ ALLAN ~0~L: i think t~hat's very accurate. Under a sever storm conditions that ..... (skipped) TRUSTEE GARR~r.L: OK your not bulkhead~g to the tippy top of the bluff and cutting off the whole bluff. Your armoring down below, your bulkhead only goes .up so high, so you use to furnish some of the ~nourishment. Because your not cutting off the whole supply but your protecting from storms. ALLAN CO191~II.: But your making the assua~tion that the above area is eroding and that's...(skipped) TRUSTEE GARRET, L: ¥o~ look at what's coming down say, below the gazebo up there, and boy, right now that doesn't look stable at all. There are major trees up there where roots are exposed and all kinds of things. That top is not stable. ALLAN CONNELL: Once you put a hard structure at the toe o~ the bluff, your ~hsolute!y right, that's, gonna stop that toe erosion .... (~skipped) ~RUSTEE GARRELL: Yo~ may not be solving that problem there with that, you may (skipped) if you go furtherwith ~r~acing, Ciaputa may wind. up f~ve years from now or so having to chip off the toP of the'bluff to Slope it out some more~ some of sand will slough down and probably cover some of the armoring. ALLAN CONNELL: That s~nd is not going into the Sound. That sand is staying .on the ..... (.skipped) TRUSTEE GARRELL: .... working toward a solution, and this may be only the first step. TRUSTEE ~RUPSKI: I have a question for Mr. Costello.1 Whycan't this be built at the toe of the bluff. We recoa~kud that all the bulkheads be built at the toe of the bluff. is being .... (skipped) because the i~creased trying to get it away from the Sound. TRUSTEE HOLZAPFEL: The reason that A1 is saying that is that on the diagram there's a considerable distance between what you've identified as toe of bluff and MR. COSTELLO: It's so steep. TRUSTEE KI{UPSKI: On the next one it shows right along the toe. MR. COSTELLO: That scale looking dnwn on something, the line is almost intersect. You can't get that to scale. Because if the cliff was straight vertical all the lines would be one one. Board of Trustees 25 June 27, 1996 TRUSTEE KRUPSKi: The cross section shows the toe. MR. COSTELLO: That is the detail. One of the reasons that that is, is because it gives you more detail for the simple reason is we're gonna try to minimize the amount of fill that yo~ bring into the location. And we're trying to get away from the Sound. We don't want to stop the waves, we just want to hold the cliff from eroding. TRUSTEE KRUPSKI~ My question also is, why can't youl reshape the bluff after the structure is built? M~. COSTELLO: There's too much vegetation. And w~' not, only because if you stop this toe, you wil :hese photographs indicate, the areas are sliding; and yo~ see what that is gonna to do, is arrest some of the Whether it is gonna arrest it all, who knoWs. ThE that are in these photographs, laying at the base that's erosion. You can see that the top E trS~'here, (indicating from pictures), is going to come down. TRUSTEE KRUPSKI: We were there a couple Of times. comment? TOM~ we (skipped) Now with the onset considerable Times using, and etc,. They hagen an for a forever Any Other ~he. , if you :'to the computer take into effect the secret to that just talking about just Goldsmith's Inlet. ~oing on in thi~ town f~r ~25 ~ears. And every an application before you for Sound i this ssme again. Now the fs a good point in ~ the bluffs no longer the extent that they did. But you'vegot tO owner, who is by no means obliged to give his public benefit to ~he beach. I for one have seen so ~ stozms, see so ~uch on shore drift after the the ver~ material that came off the bluff and then is the Spring. Every where you go, on alt these p: .And I'm talking ab0utdoWn drift of the Mattituck Intst, Bai!e¥'s :Beach area. That beach is ail recovered. This 19~92 stozm, to a large extent. Now will it ever ass~me~what it was before, no. Long Island is a sand bar. In geologic u~me it won't exist. It sticks out into the Atlantic Ocean. It will not exist. It's been nibbled at the sides all the way. However, municipalities in their wisdom have granted, building pezmits . property. In point of fact the Trustees so!~ to build on the Sound. Our Trustees, our original government. Who at one tLme owned most o~ the land. So the point I'm making is, and ! hate t0do this again to you guys, because ! know where your interests lie, and i know we're trying to mitigate the effects of shore hardening. John, just stated an ~xampte of that. Their gonna mitigate with rock azmor.. At great expense. And it does absorb wave energy. And it doesn't allow for much reflected energy_ to scour the beach. It works. Because things work, it would seem to be ~he way to go. We've \~% Board of Trustees 26 June 27, 1996 covered bulkheads with sand, as John, you know. One gentleman spent $35.,000 covering a bulkhead. One northeaster. In the meantime, we've got two working sand pits in eastern L.I. One in Quogue, and one in Bridgehamp~on. Life expectancy, limited. A precious product. What are gonna do when it's gone? Can we afford to put it i~ Long Island Sound? In time if there is enough public interest, there will be off shore dredging projects as there are in the U.K. Great Britai_~, Germany, shores of France. The only solution, is it environmentally correct? I don't know. TRUSTEE KRUPSKI: we had that disc~-~sion also. TRUSTEE ~: At Goldsmith's Inlet discussion, it was on that. There's a prime area where you could use. it. By Inlet. you' ve got to have Mattituck Inlet. But there are the solutions. But to burden property owners, trying to make safe ~heir own property with solutions that are essentially beyond their me~n.~ and that they have to give up their land to me doesn't make sense. Thank you for your time. TRUSTEE KRUPSKI: Any other comment? TRUSTEE GAP3W. I.L: I think Tom, that t~t was very well taken and we spent two days working that over. I'm sorry you .missed that symposium. I must say, that the point stressed over and over again is dhat the things like beach nourishmen= and the bluff erosion nouris~hing the beaches, that's a long term; rather ~matl scals process2 Whereas, the steams which become more violent and more frequent. Even if you do look at global, warming, and even if you don't, look at just what's happened on near term. Those storms are violent dramatic effects and t_hey overwhelm the erosion process. SO then your faced with which way you go and the only way to look at it now even for the Dept. of State & DEC people, is try to protect the property owner too. People are constantly re-thinking their techniques and ways and we went. through that last week. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUST~=E HOLZAPFEL: So moved. TRUSTEE KING: Second. ALL AYES TRUSTE, F. KRUPSKI: Do I have a motion on the application? TRUSTEE KING: I' 11 make motion to approve the application of Ciap~ta. TRUSTEE GARRELL: Second. ALL AYES 9. -~.In the ~1!o .on behalf ARC~~Iequests ErosiCnPermit to a total of 200+/-" of timber bulkhead in line 'with proposed bulkhead~of ciaputa (110' west & 95' east of Ciaputa) a 14' return and a 16' return armored with rock reverent, and 300 c.yl of clean fill. Located: Soundview Ave., Southoid. SCTM ~50-2-6 & 8 TRUSTEE KRD-~SKI: Is there anyone here ,who would like to make c~a[~en=s on that project that were net made before? MR. COSTELLO: Ditto. TRUSTEE KRUPSKI: Motion to close the hearing? TRUSTEE GARRELL: So moved. Board of Trustees 27 June 27, 1996 ALL AN CONNELL: CAC ditto. TRUSTEE KING: Second. ALL AYES TRUSTEE GARRELL: Motion to approve. TRUSTEE KING: ALL AYES 10. - In t~ei. lmatter of ARNOLD ~ requests WetlaDxl. iP~i:~t to clear 22' RO~for ~ccess to his property. Located: Mill Path Road~ ~Southo~d. !sCTM ~56-4-16 TRUST~ KRUp~KI: Anyone here to speak either in favor or ~pptieation? ~need't° the-State Environmental Dept. and the site and was iinstructed to plant some plants' and~he tried to call Jiill a~d I don~t know if he got through. He said the wood that~was kind of put over into Mr. Auricchio's propert~has beencut by ~ha~diand we can take it away with a dumpster with the wrecked autoparts there. One other thing he said Mr. Auriccbi'o said he would like to chain across the road to prevent people'fr~,,~, d~mping~ garbage there, it's OK with me if he wants to p~t a'lock on it. In. driving here I started thinking tha?t if it iS OK with the Trustees. TRUSTEE KRU~SK!: To lock it? MR. NEUER: To chainacrossand lock it. TRUSTW~ KRUPSKI: I d0n't think that's even jurisdictional~. He said it's ~hout 80' from the ma~u road. He ws~ltS to put ~t across Mill Pond Road, Somewhere by th~building? Come show us. The way he resolved it ~as, I don't know if he ~le story is.. Was not to give him a permit to. do anything to restore it, and itwas~ suggested to p things called ground bushes? Every i0'. A high tids along the tine there. And ~hen we're gonna put a gate across ~here, at this point (indicating on survey) back about 80'.'JUstso no one can go around it, this is private property. It isa.not a road, it's a path. And it's privately owned and only for people who have prgpSnty' hack there. So I"ll put~ a lock.~0n it and no tresPassi~g~in' it. And put a sign on it, anybody wants information call me. it's my tan8.. You got a right of way b~t you know, 'you have a key, but anyone else has got to talk to me. TRUSTEE KRUPSKI: For thegateaSkl us in a letter requeSting a Waiver to put up a gate there beconase it's probably wi~hin our jurisdiction there. TRUSTEE GARWW~.L: The other people who have ne~d to access their property through that right of waycan get keys to get ~bro~gh. ~R. AURtCCHIO: There are only tw~ people. I'll put a sign on there and put my' phone number and if they w~nt a key...... TRUSTEE G~.LL: It, sounds like you guys are working ~ogether. MR. NETJER: We try. MR. AURiCCHIO: Did you tell them to hold the Resolution o~ Mr. Chiareila. He's gonna call Diane. MR. NEUER: I tried but it was 4:30 p.m. TRUSTEE HOLZAPFEL: Was there ~anything else? MR. AURICCHI0: The bushes along there., the gate, clean up all the mess he made there when he encroached, byb~ud. There are Board of Trustees 28 3une 27, 1996 no permits. I'm not giving any permission to clear anything else. He's got to restore it. It's'cleared. TRUSTEE KRUPSKt: But the problem is what we have on the agen~ here is to Clear the path. What we ...... MR. NEUER: There's just one little thing I just want to show you. It's i~ot on his property,. My wife has a road tP~t's 22' long. ThallUs to stay. The d~iver went kind of against the fence and you could see the property where the house is and you could stone~s and grass and~he kind of followed the fence. He knocked these trees down because its on the 22' but he didn't ..... This shows the houseon the front. So he said this will fill in naturally with grass and we're gonna plant the other bushes. On m~.side of the property we j~t want to fill in and he application. This was on a hea~yrain and high tideand I ~h~t fills up with water and originally we took some dirt out and let it dry and he said put a permit in and you fill that. in. TRUSTEE KRUPSK!: Basically what I'd like to do is deny your request to ckear the right of way because that's what we have. we have the a~plication to clear'the right of way~ So if I denied your request then we c~n ~k you to follow what the DEC said, to restore it and then ...... we want to make it as painless as possible~,-~ clear. TRUSTEE What we're gonna do is deny his application and he restore it as per DEC specifications. TRUSTEE KRUPSKI: Any other coherent? I'll take a motion to close TRUSTEE So moved. TRUSTEE Second. AYJ. AYES TRUSTEE i'll make a motion to deny the application to clear the propertYand, to instruct the applicant to follow the DEC reco~end~tions fo~ restoring the damaged area. TRUSTEE HOLZAPFEL: Second. ALL AYES 11. - In the matter ~ARICH requests Permit for an exiSt~ measuring as follows: '9" X 6'1", ramp 2~1t'' X. 14' and 3 floating docks measuring 20'2"~ X 4'11", 6' X 9'!0",~and 6' X 16'. Located: 2295 Wells Ave., Southotd betw. LtLCO pole %12 & 13. SCTM %70-4-2.0 TRUSTEE KRUPSKI: Is there anyone here who would like to'speak either in favor or against this application? MS. RIBARICH: I'm here to answer any questions you might have. TRUSTEE'GARner. r.: I saw it ~nd had no problem with it. TRUSTEE .K/{LrPSKI: Motion to close the hearing? TRUSTEE GARRE-LL: .So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE GARRF. I.L: i move to ~uprove ~his app!ication~ TRUSTEE. HOLZAP~EL: Second. ALL AYES 12. - in the matter of Proper-T Services on behalf of DAVID.Mc ELROY requests a Wetland ~Re~mit to construct a platform 3' X !0', steps 3' X9', a fixed dock 3' X 60', a ramp 3' X 16', a float 6' X 20' with 2- 2-pile dolphins, a 3' X 108' walkway and Board of Trustees 29 June 27, 1996 a 99 S.f. gazebo. Located: 2565 Long Creek Drive, Southold. SCTM ~52-8-2 TRUSTEE KRUPSKt: Anyone here who would like to speak in favor of cation? Nothing to add as usual other than what you have .n you. TRUSTEE WENCZEL: can I ask you a question? M~. FITZGERALD: Yes. TRUSTV, R WENCZEL: This is a 3' X 60' walkway, right? Where does it start? At the base of the steps? It wasn't clear from the drawing., MR. FITZGER~LD~ It starts at the bottom of the steps. ~RUSTEE KRU~S~: So it's about 25' into the creek. MR. FITZGE~ This is to scale, so ..... TRUSTR~WE~CZE~: Iwent down there and did some soundings. I had 36' fr0~'the base of the bluff there where the steps end to the edge of the spartina. TT~e seaward edge. So it's another 30' to where the ramp starts. I got slightly differen~ soundings 'thanlyou~ got..I went down there yesterday, ~bout 2:30 p.m. which if you taok in the book is about 1/2 hour before low water and the. full moon is th~s weekend but the high tides are after the full moon so it was a little bit, it was almost average tide but maybe a little bit more ~hsn average tide. I took soundingsevery tenfeet and when I was there the~water low water ~as just.about the edge of the spartina there. So 10' beyo~'%he edge of the spar~ina I have 1' 20', I had 2~' at 30' I had 3~4''. How big is the ramp. The ramp is 147 MR. FITZGERALD: 16 feet. TRUSTEE WEN~: A little'beyond halfwa~ down the ramp ~I had~5' of water. '~'waded out with a tape ..... it drops off pretty there. So I was wondering if it needed to be that long. MR. Certainly not if there is 5' of water halfway out the r~amp. TRUSTEE KRUPSKt: Could we make it like an "L"? tt would seem to gi~e TRUSTW~E' 3' at least. Maybe we could shorten the walkway a ii bit. MR. F%TZGER~r~: Yes, we cau!d shorten the walkway. TRusT~E'KRUPSKI: ~ow much would, you suggest?~ Let's get into the numbers here. TRUSTEE WENCZET~: Well, at least 10' I would say. If you put the end of the walkway at ....... 10' or so. ! think there wouId be plenty of water. MR. FITZGERALD: Could we include in. the wording of the pez~mtt beside all the dimensions and then ~inish up with "as necessary to obtain 3' of water at low water~? TRUSTEE WENCZEL: Apparently your low water is a little differenttb~nmine. MR. FITZGEP~Y~: I'm a little bitconcerned by visually measuring things fro~ the edge ~f thespartina a~d like ~sat. TRUSTEE WENCZEI,: I started at the base of the bluff. MR. FITZGERALD: Well, !et's start at he base of the bluff. Board of Trustees 30 June 27, 1996 TRUSTEE WENCZEL: At the base of the bluff I would say, if you went .... the walkway 40' and then a 16' ramp and a 6' X 20' float .... MR. FITZGERALD: So now your suggesting that we shorten the walkway by 20'? TRUSTEE WENCZEL: That would be my initial suggestion, yes. And that's actually much larger than exists in that area. How big a boat are they gonna put on this? MR. FITZGERAr,n: i don't know. TRUSTR~ KtlUPSKI: They can't get under the bridge. TRUSTEE WEI~CZRL: That would be my suggestion. If that's not possible we can take a look at it in the field and meet you down there sometime and do it again. MR. FITZGER~r~: My concern is with getting 3' of water. Because that seems to be kind of standard figure. And if we're gonna do that with a 40' dock, that's fine. On the other hand, I don't want to stand here agreeing to a 40' dock ~and then ..... TRUSTEE WENCZEL: I understand. I'm not sure that this Board sees 3' as the ..... well I shouldn't speak for the rest of the Board. TRUSTEE HOLZAPFEL: I think, that in this case 3' is a reasonable .... TRUSTEE K~RUPSKI: Because a short can reach MR. FITZGERALD: The magic is. not the length. Physically the length of the walkway where...how deep the water is at the end of the dock. TRUSTEE WENCZRL: What do you need 3' of water for? MR. FITZGERALD: How many feet do we nccd? TRUSTEE WENCZEL: Two would be ade~late. For an outb0ard. MR. FITZSERALn: Why two? TRUSTEE WENCZEL: Because that would be enough tQ'be~abte'%o Put the motor down at low tide and back away fr°m the MR. FITZGERALD: Does everybody agree that two feet TRUSTEE KRUPSKI: I agree in this area because by the railroad bridge. And they're not in the Queen Mary here', It's impossible. They don'~ delusions of dredging or doing anything else to get a~big boat in. They'repretty much limited by the L.I. railroad~ case I~don't know what they're thinking but they're TRUSTEE WEI~CZEL: The other point I would make is that even with a 40' walkway and i6' ramp and a 20' float it woutd be the largest dock in the area. It would be larger than anything' that is pre-existing. MR. FITZ~: 0neof the docks is always gonna he the largest in the area. TRUSTEE WENCZEL: But my point is that it's always been a policy of this Board to tI"t and keep things relatively the same size. TRUSTEE K~UPSKI: Right~ to be consistent with the area. The largest dock doesn't always have to be the newest one. I've got a couple of questinn~. One is I've got a FAX frnm Jeannmtte here. CLERK: This is from Paul Caminiti's Office. He was ta!~ing about Covenants and Restrictions. Board of Trustees 31 June 27, 1996 TRUSTE~ F~RUPSKI: Dr. & Mrs. Slatkin or someone is represmnting them on behalf of the application for a dock and gazebo. Oh, Mr. & M~s~ Slatkin are here. We have your letter from an Attorney. It says, (Al reads letter) (see letter attacked). It is our Board's policy and this comes up occasionally that something is requested which is not allowed by the C & R's on a deed. We've been advised legally that we may approve these, beca~.~e:it says here, not that we are gonna approve this one, but we may approve these sort of things. It says prior written consent can be obtained, is that correct? So the applicant Can obtai~writt~n consent frnm snme Bayview Lane Corporation in order to construct this. So basica!lyit's not our job to interpret C & R's of a property. If we can go through here an we can approve that, so say we approve this tonight, he still can't build it if it's counter to his C & R's. He'still can't, even with our approval, means.nothing to the C & R's in his deed. It just means nothing. If he lgoes back to the BayView Lane Corporation and says, ~"look, I'd like to bui!d a gazebo", ~and they say, "O.K." He'd stlill have to come to us for approval, ank-way. It's two separate distinct entities. If we grant, our approval doesn't mean he can do it~and throw these out the window. DR~ I'und~rS~n~, ! just want to come here with ~ wife 2 bring to your attention we have wrLtten on our own a letter to the Board of Trustees objecting to the gazebo~ Wealso brought to the Board's attention the existence Of this covenant. Our objection is not based on the existence of the covenant. Our objections are based on the fact that' this is an obtz-dsion on our view. And may I put photographs of our view into the record? TRUSTEE KRIPPSKI: Please do. DR. SLATKIN:' Thank you. Here's a photograph of ~he zon~ in which the gazebo is asked to be constructed. It is asked to be constructed on this point (indicating on Photograph). It is taken from lO,hr property where we like to walk and look around at nature across this salt water marsh of which we are Part'owners and Mr. Mc ~Elroy is part owner here. This is a picture I have take~ as soon as we received the notice of such a hearing. TRUSTEE KRLrPSKi: Can.you please put a brief description on the back as far as your vzew, looking north. Just so that we just see a picture. DR. SLATKIN: And here is virtually, you can identify the same trees, this tree over here (indicating on photo)was taken last winter. These couple' of trees are the same as these couple of trees. A winter view that we took of t_he Mc. Elroy's property shortly the property and the house~ was buil~ and shortly after Mr. Mc Elroy moved in. The tracks are from Mr. Mc Elroy~s ATV that he drove several times across the marsh. And his description of the Property as being undisturbed, that is not a'fact. Mr. Mc Elroy has substantially disturbed the property. TRUSTEE HOLZAPFEL: We were concerned about the tire tracks too~ DR. SLATKiN: We feel that Mr. Mc Elroy, not only his ~gazebo will be an obtrusion on our winter view keeping in mind Board of Trustees 32 June 27, 1996 that we have a one story property and he has a large two story property. ~His view is down. his gazebo will not be nearly as much of an obtrusion on his view, as his gazebo will be on our view because we are looking at it this way (indicating on photo) he's looking at it from a great big height° We feel there will be more people there and more noise, i believe he has legally cut down large underbrush up to a certain height, perhaps 20' but that has ...... but this gazebo will further make less likely that wild animals will be coming into this marsh. TRUSTEE HOLZAPFEL: Do you have a visual easement on your chance? DR. don't know what that means. TRUSTEE HOLZAPFEL: It means that you have the right to a view unobstructed. DR. SLATKIN: I~ve never been told so. TRUSTEE HOLZA~FRL: Some people do the property and it comes with visual easements. DR. SLATKIN: When we bought our property we were under the impression .there was water front property ~na we'd be able to have a nice view of the marsh and the trees, it never occurred to us that our neighbor would w~nt to build that would be an obstruction of view. TRUSTEE. GARRELL: It happens all the time in Southotd Town and this is, your case, very similar to 6 cases that we~ve had here in the last three years. It's unfortunate but this Board really can't deal with problems like that. What we can deal with is dock sizing, a 100' walkway over wetlands and .... didn't we decide the walkway was ..... TRUSTEE KRUPSKI: I think this walkway was denied by a previous Board. TRUSTEE GARRELL: The 3' X 108' walkway is ..... the propertyl owner, Mc Elroy, has acce~m around that corner to his dock and ramp, so we felt there was no reason for a walkway. TRUSTEE KRU~SKi: This came up previously. TRUSTE~E HOLZA~FEL: The previous owner asked for the same application and was denied. TRUSTEE KRLrPSKI: We denied it because we felt it was jusu unnecessary construction over what is pretty nice standard ~par~ina. He has upland access and . FITzG~: (said something, but could not hear it) TRUSTEE GAR~FJ.L: Yeah, but he does and if he doesn't do it with an ATV. ..... MR. FITZGERALd: Your not punishing him for having an ATV are you.? TRUSTR, E GARREt,L: Oh no. TRUSTEE HOLZAPSq~L: We are concerned about the tracks in the middle of the marsh. DR. SLATKIN: Mr. Mc E!roy continues to a!lowthe ATV to be driven around the marsh. I'm his neighbor, sir, so I know. MR. FITZGERALD: I understand, and I apologize for not being able to keep Mr. Mc Elroy off his ATV. TRUSTEE K~U~SKI: No, it's a probiem when he's ...... take a look at the picture. TRUSTEE HOLZAPFEL: It's well worth it. We saw the same thing. Board of Trustees 33 June 27, 1996 TRUSTEE TRUSTEE TRUSTEE that it problem necesSit~ Well we didn't see that dramatically. What is in the picture? The winter picture. I mean, that's a problem. When we were down inspecting, you c~]d see been used recently. We're just saying we had a that walkway across that part. We didn't see the TRUSTEE K~SKI: And we should have something Qn record. I don't see lit in the file. ~ ~ TRusTEE ~NCZES': I'm s~re we can find it. i TRUSTEE HOLZA~FEL: But they had asked for that isame walkway across and it was denied a year ago. DR.~ ~ just coming here to make representation on ~f the gazebo. We wrote a letter to the Board in which we stated t~at we have no objection to the walkway. TRUSTEE KI~SKI: But we have. It's just that this has come up in the past. Do your know who oWned the ho~e before Mc Elroy? No, he had the house built himself. He claimed he buiIt that house. Yeah that's a new house. con~using it with our apptication~for our pa~t of the marsh which was TRUSTEE DR. a short denied. TRUSTEE DR. told us not to p~ceed. TRUSTEE K~UPSKI: DR. SLATKIN: Yes. TRusTEE KRu~: Now ~t we have to proceed with it furtheriwe Should make and so forth,~ but we withdrew and decided And'you put a split rail fence up. MR. FITZGERALD: Many of the things are not ~. Mr. Unles~ make a living, to have to terrible using this BOard , but nice to or In not necessar~ , as ~ d~Dyi/~g an application for a particular structure it s( the necessity for the homeowner to 'make a or she would like and what' would he nice and what is aest~t~c and what would improve the enjoyment; quiet enjoyment as' we say of the property. That's all. TRUSTEE ~K~UPSKI: That's a good point and well taken. DR. SLATKIN: We also have a right to require enjoyment of our property and part of our enjoyment is when we go down to our. property and look across the marsh we do not necessarily want a congregation of our neighbors and his relatives out there on his gazebo. We want a normal, what is noza~ally done in this area. People to walk along but they do not nozmatly build structures and gather right on the property that we were led to believe when we bought our property was going to be more or less left in a natural state. Board of Trustees 34 June 27, 1996 TRUSTEE GAltRELL: The sad thing, as we pointed out to people is that there is only one way to deal with that in a Town like this is to buy that property. So that it's yours and somehodyeise can't come in and make plans for it. You never can count on that nice view and that other property being there in perpetuity. TRUSTEE KRUPSKI: It's a fine line between saying, "people are going to congregate a~ound a gazebo or put a couple of picnic tables and umbrella there whichwould need a permit and they'll congregate there anyway. DR. SL~TKllq~ But we Were led to believe that ian~ that has. on one side a Bay and the other side a salt marsh, a narrow slip of land which was supposed to be left, and I don't know what the terminology was there ..... TRUSTEE KRUPSKI: undisturbed? MR. FITZGERALD: PriStine. DR. SLATKIN: In Mr. ~c Elro~'s application on his map he has a term there. I don't see how the Town Board can conSider the construction of 99' square gaz~o compatible with the term undisturbed land. MR. FITZGERALd: That was ~h~ undisturbed word added by surveyor probably as a requirement for either' the DEC or ..... (too many people talking at once) TRUSTEE~KRUPSKI: The Board required a 50' ~sturbed buffer zone between the house i~nd ~the ~wetlands and~Ii don't'think we extended ~hat to ~he.~..~.t~e intent of the Board Was to limit the disturbance between ~he wetlands no thought to the area ~f disturbance on that Point of land becaus~ we di~'tthink the house would have any d~Stu~bance. But well.%aken also. Getting back to Fir. i admit that is sort o~ vague when I sa~ not necessary, what i should have said is that as an alternative to that~isturbance and that disturbance of a catwalk across that wetlands goes against the standards set forth in. Chapter 97.28 A advers~%y a~fect ~e wetlands 0~.the Town. ~ TRU~STE~.~r~.:Y°u~v¢ got ~he alternative access to that strip' and {hat's the Wh61e point. ] In many cases~someb°d~ who wants to front or a Bayment has no choice but to go : Mr. Mc Elroy is'fort'~nate in having a wayaround. That,s the case that. makes this one singular. TRUSTEEKRU~SKI: Mr. Mc Elroy aiso has two jet skiis dragged up qn the inter-tidal area. I'massuming tl%ey"re his. Whic~~ is no{ acceptable. -q%qe ATV is, we Consider,' to be serious, because he's doing seriou~ damage there. TRUSTEE HOLZA~FEL: My own personal concerns are, one is the walkway across our marsh. I have some negative feelings on that. I think that~wi!!have to be removed from the application if you. want to move forward tonight. Secondly~ the size of' the dock can be reduced to a length in which he will have 2' of water at low tide. And that is something that we c~n put in that way. TRUSTEE WENCZEL: i think that's a mistake. I think what we ought to do is permit a waikwaythat would give him length. Board of Trustees 35 June 27, 1996 TRUSTEE HOAZA~FEL: As long as it's that length and if you find out when yo~build~it it isn't sufficient you cnn come back. TRUSTEE KRUPSKI: No,~don t f~nd out when you build it. Check first, Find out from a dock builder, go out that to comein for an amendment .... MR ~ third we'lt make it 40' for the purposes of expeditil issue into the peimit amd if it turns out that that's a problem wetll be back. TRUSTEE HO~Z~FEL: The thir~ thing is whether there is cont=-uti0n as to the gazebo. My own feeling on the gaZebo is that this is the ma~'s prope~t~a~d if he w~_~ to put a picnic table or ~,gazebo out there he is allowed to do that. It's against thel C & R's of the property owners tha~ the property owners have, to go a~ter him and stoppin~ TRUSTEE KRUPSKI: They shouldn't have to go after him. He should have'to seek relief from the C & R's before you cnn do it. TRUSTEE s a touchy thing. Because if you put it up and 'get w~th it, they can't make you take it down. Even though it's a~ainst the violation. TRUSTEE KR~-~SEI: Does .he need a b~ilding permit? MR. FITZG~:i You would certainzy have to get a building pela~t. : Now, can the Building Dept. approve it? The Building Dept. won't take issue in C & R's. It's a pr entity. The Building Dept. nor the Town will not regi we have prevent TRUSTEE TRUSTEE DR. SLATKTN: does this mean that we have legal doc~ment the, ico~nty of Suffolk ~n~ ~b~t the only relief take ciVil action against Mr. Mc Elroyto this covenant? Yes. Is there like a property owners association there? Tt's mentioned in here but, the ac~aI associatio~ ~b~ never be~n formed. TRUSTEE ritUal'SKI: we operate under the Andros Patent of 1676 in,the ToWn C~de,Chapte~ 97 which doesn't include an~ private development C & ~' s. DR. SLATKIN: 'But Mr. Mc Eloy has already received a lette~ from lout attorney notifying him of t_he existance of this. TRUSTE, F, KRUPSKI:' That was after his application. DR. SLAT~iN: Right. TRUSTEE KRU~SKI: So maybe he realizes it c~ ' t happen~ DR. SLATK!N: So we ha~e to take ~,im,ediate action and ~et a court order and stop him from building the gazebo. TRUSTEE GARRW. r.r.: Yes. TRUSTEE HOLZAPFRT~: So, Jim (referring to Jim Fitzgerald), I' 1! just throw that out and is that a reasonable way to proceed with the application a~ far as ~ou and your client are concer~d? MR. FITZGERALD: Yes. TRUSTE~ KRUPSKI: Is there an~ other co~m~ent? TRUSTEE ~: Move to close the hearing. TRUST~M HOr.~,APFEL: Second. ALL AYES Board of Trustees 36 June 27, 1996 TRUSTEE HOLZAPFEL: I'll make a motion to approve the application for a platform 3' X 10', steps 3' X 9', fixed dock that will extend 40', a ramp 3' X 16' and a float 6' X 20' and 2- 2 pile dolphins and a 99 s,f gazebo. TRUSTEE KttUPSKI: Before we vote on this there's an awful lot of disturbance in that area as far as soil movement and what not around the house. Unfortunately when we were out on field inspection we didn't measure from the house. From looking at this it seems they pushed well beyond that no disturbance sign. MR. FITZG~: The haybaleswere still there, were the~ not? TRUSTieR KRUPSKI: ~aybales are in a contiguous line now. 'Cause what I'm suggesting is something that we've done in the past, is have them do something perman~_ut at that 50' line. Beca~e it seems like they've got a problem with encroachment there. Something should be done to help them control themselves as far as complying with their permit. TRUSTEE GAP~Lr.: A non-t~rf buffer, plantings? TRUSTEE KItU~$K!: Well you could see it was all dug up. See, we didn't measure, and we're at a disadvantage because ...... so it's impossible for me to say MR. FITZGERALD: Measure what Al? TRUSTEE KRUPSKt: From the house...It's impossible for me to say, "oh, yeah it's one little corner they have to turn around .there or Something and it wasn't a big deal". As far as I know it could be right here. So I'm gonna say that this staked row .... MR, FITZGERALD: So your concerned about the 50' buffler zone. T~USTEE KRUPSKI: Yes. From here I can't tell. I'd like to add onto that before we vote that a staked row of haybales be put in place at the 50' area until that 50' area can be stailized with natural plantings with no turf vegetation. MR. FITZGEP~r~: Is that what the original permit says? TRUSTEE KRUPSKI: The pe~mitsko,!]d~'t be ..... there shouldn't be any disturbance there. What ! don~t want to do is t~ble this for next months meeting. So I'd rather say ha~e .they put the haybales in place. MR% FITZGEP~r~: No, what I'm aski~ is is ~h~s a new requirement or re-affirmation of ...... TRUSTEE. K~U~SKI: ~reads from file) As proposed, there shall be no construction, clearing, or gr~g located within 75' of the area of tidal wetlands. Now that's just a letter from J.M.O. Consulting. ~hat was actually pe~tted out ...... Oh, here. we have a staked row of hayba!es at 75'. But clearly ~hat been maintained. TRUSTEE HOLZAPFEL: There should have been haybales at 75'~and no disturbance 50', 25' inside the haybales for sure. That doesn't appear to be the case. Now do we send ~he Bay Constable down. MR$?~S~TKIN~ Does no disturbance include not cutting down the underbrush along the perimeter. TRUSTEE KRUPSKI: Generally that underbrush is not included~ in .... see the no disturbance zoDm is not .... it's not made clear on this survey that the no disturbance zone didn't include that slit of land there. The no disturbance zone was specifically Board of Trustees 37 June 27, 1996 stated between the wetlands and the house construction. I just found a letter here. "The above referenced property/ was inspected in the proposed ~ngte family dwelling is out of the Trustees jurisdiction. The staked row of haybales should be placed at the 75' line and no activity shall take place, seaward of that line as per maD d~ted 5/30/95. So we' definitely have a violation. DR. SLATKiN: The gazebo would also be saaw~rd, of that line. TRUSTE. E KRUPSKI: No, they're applying for that. The=e's a difference between them saying they're not gonna have any disturbance between ther~ and going in ~d doing it. And I ask the resn of the Board, is there a violation there? TRUSTEE GAR~T.T.: Yes. TRUSTEE WENCZRL: Sounds like it. TRUSTEE HOLZAPFEL: Thmt's a separane issLua. I tl~ink this application is someth%~g different. Now do we want to hold this application up because there is a violation or .... TRUST~..V.K~UPS~i: It's sort of unrelated. Diane, please send the Bay Constable out and give him this map and there's a letter here. Show him this. ~RS.~SLATKIN: I guess we should tell you that we already called the Bay Constshle a~out the ATV in the marsh. TRUSTEE HOLZAP~: When did you do that, may we ask? ~RS. SLATKIN: That was last December. TRUSTEE KRUPSKI: And what did. he say? MRS. SLATKIN: He said he would pay them a visit and warn them not to use their ATV.. TRUSTEE HOLZAPFEL: Diane, could you ask for a copy of the report. TRUSTEE WENCMWI.: There's been a lot of, and I'm sure it's not just the Mc Elroys, but there's been a lot of ATV activity in that area. There was somebody riding up and down the marshes all winter and a number of us pointed it out. DR. SLATK//q: There's just one ATV activity in our area. TRUSTEE WENCZFI.: Well this would be on the other part of the creek. DR. SLATKIN: Well this one belongs to Mr. Mc Elroy and is riden by Mr. Mc Elro¥ and his family. TRUSTEE KRUPSKI: We have a motion mmd we have a second. AYES. 13 Bill Kelly on behalf of ROBERT & a Wetland Pe~u~it to constr~ct a 1,800 s.f. building with 18 gravel parking spaces and s~nitary system. Located: Route 25, Greenport, north side of road. SCT~ ~45-4-6.1 TRUSTEE KRU~SK!: Is there anyone here who would like to speak in favor of the application. MR. F~I.Ly: it's pretty straight forward what we have no do up there. We went to the Planning Board, the Board of Health~ the DEC, DOT. TRUSTEE KRUPSKi: Any Board co~m~en~? TRUST~E GARRELL: Move to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES Board of Trustees 38 June 27, 1996 TRUSTEE GARRELL: Move to approve. TRUSTEE KING: Second. ALL AYES t,~. - In the m~tter of J.M.O. Consulting on behaTf of WI!LLZAM. P~ re~questS-~ ~W~ an~ ~ Pei~m~ to reconstruct inkind/inplace 150' of~timber~grOi i a .d'to construct a 50' timber groin in the same lO~ation as 50' deteriorated groin. Located: ROW off Reeve ~ve., ~a~tituck. SCTM ~122-9-7.9 TRUsTE~ KRUP$1~: This is an application that~ is no stranger to this Bo!ard. CAC recon~Lends disapproval because there ~s no demonstrated need. I have to disagree with that because I don't know. ..I'm sure what .... in a Coastal Erosion sense, I'm not quite "need" is. What would you build there that you could slay you needed. TRUSTE~ ~OLZAPFEL: This is the one that maybe they're qUestioning, but even when we saw that there was low water, all this is sand. TRUSTEE KR~BSKI: Well there's only like 5 posts there. What is ~h~t that was in fact funtioning ~e's the house and there's the pool. And in our jurisdiction at the time. The question is whether this is that TRUSTEE ~: non-funtional now. ?SKI: It's non-funtional now. I guess what to prove is that ..... now June 12, 1996 says at ~we are requesting to withdraw predjudicethis apPli tion. Oh, they re-applied. There's a letter here, (see attached). Also ~read letter to Mr. Just, from DEC. (see attached) They (DEC) granted them for everthing. Mr. Just's letter backf to them must have been vez~f persuasive. (Read letter to DEC from Mr, Just). Apparently based on this picture they have~ the State has changed it's ways. TRUSTEE KRU~SKI: And now, if I'm right, this is almost bUried. TRUSTEE KRUPSK!: No. TRUSTEE HOLZAPFEL: But isn't the sand up to here? Ail around here? TRUSTEE KRUPSKI: No. The water washes right through it to the same level. TRUSTEE KRUPSKI: It's like one inch or two inches of water though. On this side and this side. ~hat sand bar was allthe way out like.this. There was water there. TRUSTEE KRUPSKI~ There was water half way, andthe Poles were TRUSTEE KRUPSKi: No, that's it. We stood right here. TRUSTEE HOLZApFEL: But t~e sand right~ up ..... ~s was all shallow, ankle deep, all this area. It's filled in up here. That's why I said that it doesn't make any difference whether they put it there or not because it's bUried almost. It's gonna have any affect on.anything. TRUSTEE KRUPSKI: But the poles stick up. The DEC probably approved the low profile groin. Which would trap sand in there ~like that and hold it there. But as far as how you and X could disagree ...... Board of Trustees 39 June 27, 1996 TRUSTEE GARRELL: One of the problems with remembering that is that all the time we were engaging in conversation about the mudd beach sand groin. TRUSTEE KRUPSKI: What they approved here is a 6' high jetty. How could the State hvae approved a 6' jetty there? TRUSTEE HOLZAPFEL Well we'll just approve a low profile. TRUSTEE KRUPSKI: Well what's a low profile? You'd better have a new drawing. You'd better get it in black and white. A low profile, they're gonnabuild it and say, "oh, that's what we thought". They're gonna say, "well, we built it according to plans". TRUSTEE GARRELL: Why don't we approve it tonight the reconstruction inkind/inplace of 150' and talk to 'Glenn about the 50' and tell b~m we would approve a low profile. TRUSTEE KRUPSKI: That's what I want to see and he's got the 6' here. · TRUSTEE ~OLZAPFEL: That's there and it's functioning. TRUSTEE GARRELL: Move to close. TRUST~.R WENCZEL: Second. ALL AYES TRUST~R KRUPSK!: I'll make a motion to approve the 150' timber groin inkind/inptace, and tile 50' groin at a low profile with Board approved plans. TRUSTEE HOLZAPFEL: Second. ALL AYES 15. In the matter of W~AM A.~FO~IDS~ JR. requests a Wetland & Coastal ~rosion 'Permitlto.constructa single family dwelling, garage, driveway, well and sanitary system as per map dated May 21, 1996. Located: 960 Willow Terrace Lane, Orient. SCTM ~26-2-2! TRUSTEE WENCZEL: Moved to close the hearing. TRUSTEE GARRELL: Second. all ayes TRUSTEE HOLZAPFEL: There's no problem except I would reco~end haybales at the seward crest of the hill. I'll make a motion to approve. TRUSTEE KING: .Second. ALL AYES TRUSTEE WENCZEL~: Motion to g0 back to the regular meetings, TRUSTEE HOLZAPFEL: Second. ALL AYES V. · RESOL~NS: 1. a . for a 160' bulkhead to replace inkind/in~ pilings. Located: 246 Pine Place, GardinersBay Estates, EastMarion. SCTM ~37-4-13 TRUSTEE ~OLZA~FEL moved to approve, TRUST~--E GA~.L seconded. ALL AYES 2. J.M.O. Consulting on behalf of CAROL STANCS requests a Grandfatlier Permit to reconstruct inkind/inplace !00' of timber bulkhead and backfill structure with 10 c.y. of clean fill trucked in from 'an upland source. Located: 1120 West Lane, Southold. SCTM ~88-6-16 sc. Board of Trustees 40 June 27, 1996 TRUSTEE WENCZEL moved to approve, TRUSTEE GARRELL seconded. Al,I, A~vES 3. Larry ~tzen on behalf~0f G~_ARDINERS BAY ESTATES HOME OWNERS-ASSO~.:requests aSrand~athe~ Pe~t for a 77' jetty and a 368' bulkhead which has been in existence since 1931. Located: on west end of beach, Orient Harbor, East Marion. SCTM ~37-5-23.2 TRUSTEE HOLZAPFEL moved to approve, TRUSTF~EKING seconded. AYES 4. Larry Matzen on behalf of GARDINERS BAY ESTATES HO~~ OWNERS ASSOC. requests a Grand~ather Permit f'or a 6~ wide 76'7" long foot bridge to beach. Located: 148'4" from Knoll Circle to bridge on 10' ROW, East Marion. SCTM ~37-5-23.2 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL AYES 5. Larry Matzen on behalf of GkR~INERS BAY ESTATES HOME OWNS. RS ASSOC. requests a Grandfather Permit for a 5'6" wide a 56'4" long foot bridge to Fox Island. SCTM ~37-4-18 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL AYES VI. MOORINGS: 1. KENNETH ANDERSON requests a mooring for a 17' inboard/outboard in Little Creek witha 75 lb. mushroom. ACCESS: Public. As per Bay Constable. TRUSTEE K~UPSKi moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES 2. EILEENiJOHNSON requests an onshore/offshore stake in Corey Creek for a 15' outboard. ACCESS: Public. As per Bay Constable. TRUSTEE KRU~SKI moved to approve, TRUSTEE HOLZ'APFEL seconded. ALL AYES 3. PATRiCLA'Li~ OSBORNE requests a mooring in Narrow River for a 12' sailboat with a 75 lb. mushroom. ACCESS: Public. As per Bay Constable. TRUSTEE KRUPSKi moved to approve, TRUSTEE GAR~T.¥. seconded. ALL AYES 4. EDWkRD'W. WOR~m~t requests a mooring in _Mud Creek for a 25' outboard wi~h a I00 lb. mushroom. ACCESS: Public. As per Bay Constable. TRUSTEE KRUPSKi moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES 5. ROBERT J. VOV, LKEL JR., requests a mooring in Mudd Creek for a 24' sailboat with a 150 lb. mushroom. ACCESS: Private. As per Bay Constable. \~ Board of Trustees 41 June 27, 1996 TRUSTEE KRU~SKI moved to approve, only if another applicant Edward Worth turns down the same spou and Bay ConstAble says there is room, TRUSTEE HOLZAPFEL seconded. ALL AYES 6. anonshore/offshore mooring in East creek for an ACCESS: Private. As per Bay Constable. TRUSTEE KRUPSKi moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES 7. WILSIAMW. JOHNSON requests a~onshore/o~shore mooring in Goose Creek for a 17' outboard. ACCESS: Private. As per Bay Constable. TRUSTEE KRUPSKI moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES 8. MATT FLTNN request~ a mooring in Gull Pond for a 15' outboard with a 75~t00 lb. ~b_room. ACCESS: Public. Bay Constablesrequirement: No more than an 18, boat at anytime on mooring. TRUSTEE KRUPSKI moved to ~oprove, TRUSTEE HOLZAPFEL seconded. ALL AYES Meeting adjourned at: 11:00 p.m. Respectfully Submitted By: Diane 3'. ~:terbert, Clerk