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HomeMy WebLinkAboutTR-10/23/1996Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 ~INUTES OCTOBER 9_3 , 1996 PRESENT WERE: Albert J. Krupski, Jr., President John Holzapfel, Vice-President Peter Wenczel, Member Martin Garrell, Member James King, Member Jill Doherty, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wed. November 14, 1996 12:00 P.M. NEXT TRUSTEE BOARD MEETING: Wed.,November 19, 1996 7P.M. WORKSESSION: 6:00 p.m. APPROVE MINUTES: Approve minutes of September 25, 1996 Regular Meeting. A motion was made b~TRUSTF~E KRU~SKI and seconded by TRUSTEE HOLZAPFEL to approve the September minutes. I. MONTHLY REPORT: The Trustees monthly report for Septumber 1996: A check for $3,274.76 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: P,~hlic Notices are posted on th~ Town Clerk's Bulletin Board for review. III. AMF. NIA~S./WAIVERS/CHANGES: 1 , JR. requests an amendment to pe~t ~4605 to add porch, 14' X 14' to be screened in as per survey'dated September 28, 1996. Located Willow Terrace Lane, Orient. SCTM ~26-2-21. A motion was made by TRUSTEE HOLZAPFEL and secondedb¥ TRUSTEE KING to approve the amendment. ALL AYES. 2. Fred Milner on behalf of jAMES HOMAN requests a waiver to. construct a 5'6" X 11' addition on existing deck. Located430 Private Road, Fishermans Beach. SCTM 9111-1-14. Board of Trustees 2 October 23, 1996 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to approve. ALL AYES. 3. Charles Thompson on behalf of R~WIN & MARGARET PISANI requests a Waiver to replace house in existing foot print as per survey dated April 18, 1995. Located Peconic Bay Blvd., Laurel. SCTM ~126-11-9.1. A motion was made by TRUS~fEE KING and seconded by TRUSTEE HOLZAPFEL to approve. ALL AYES. 5. Lawrence P. Gorman on behalf of DAVID PAGE AND BARBARA SHINN requests an amendment to permit ~4566 to change the name from Kent Poey to the above name, current owner, and to add gate addition to exiting stairs. Located 19965 Sound View Ave., Southold. SCTM 951-4-5.1. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KING to approve. ALL AYES. IV. PUBLIC HEARINGS: A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE HOLZAPF~L to go off regular meeting and go on public hearings. ALL AYES. THIS IS A PUBLIC HEARING tN THE MATTER OF THE FOnT.OWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE TRAVET.~R/WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TOASKING FOR COMMENTS FROM THEPUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZe. AND BRIE~: FIVE (5) MINLVfES OR LESS, IF POSSIBLE 1. a Wetland and Coastal Erosion Peamit to ~ of bank and replant bank. Located Sound Drive, Greenport~ SCTM~43-4-3. CAC recommends approval of replanting of the bank and suggest that the applicant contact Natural Resources. Reco~aend~ disapproval of the reconfiguration of the boulders. The toe is StAble, erosion problems occurred on the top of the bluff not the toe. TRUSTEE KRU~SKI: I thought we saw toe failure there. TRUSTEE WENCZ~: I thought I saw toe failure too. TRUSTEE HOLZAPF~L: It is not my favorite project as you know. The edges seem to leaVe a lot to be desired. A motion was made by TRUSTEE KRUPSKI and TRUSTR.~ HOLZAPFEL to recess hearing until November 19th meeting. Board wishes to inspect with the applicants engineer in November. ALL AYES. Also to try and have DEC out at the same time and s~nd plans to Fred Andres at the Dept. of State. 2. Suffolk Environmental Consultiug on behalf of CAROL CASSRT; requests a Wetland Pe~mitto construct a 10' X 12' sitting area attached to existing catwalk. Located 800 Willow Point Road, Southold. SCTM ~56-5-39. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the applicant? BRUCE ANDERSON: Suffolk Environmental Consulting on behat~ of CAROL CASSEL. Here is the affidavit of posting. When I first came involved Board of Trustees 3 October 23, 1996 in this you where looking at was a "T" shaped sit~%ng area. Which was twice the size at what you see now. My reco~Lat~endation was to cut it in half. They initially located it down above the rocks along the shore line. We met in the field. My testimony was that it was done in variance with the standard set forth in the wetland ordinance law. Your suggestion was to come back and locate it landward of the tidal wetlands line. I talked to my client, it is acceptable to him. I have revised the survey's accordingly. TRUSTEE WENCZEL: How come it is over the wetland line? TRUSTEE KRUPSKI: That is further back than what we discussed. TRUSTEE WENCZEL: That corner is over the wetlands. BRUCE ANDERSON: It is the surveyor. If you want to say move it back a foot or two, we don't really care ~bout that TRUSTEE KRUPSKI: Any other coL,~L~ent? CAC comment: rec~L~,ends disapproVal, permit to be denied because the project would have an impact on the wetland vegetation. CAC suggest t~at the deck be built upland, i.e. lawn area. TRUSTEE KRUPSKI: CAC did not see the revised drawing. So their co~mtents are not applicable. TRUSTEE WENCZEL: I think that should have an opportunity to review it. TRUSTEE HOLZAPFEL: Is there a time limit on this Bruce? BRUCE ANDERSON: Probably not. If you w~nt to take another two weeks to review it. TRUSTEE KRUPSKI: Technically the CAC should take a look at. TRUSTEE HOLZAP~EL: It intrudes very close to the shoreline. My o~ber side is that, I think it interferes with shoreline activity of natural things. If you are going to have everybody sitting down at that spot, you can influence what lives in that area. That is my only point. I do think it does have an effect. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to recess the hearing until next month. ALL AYES. 3. Suffolk Environmental Consulting on behalf of MARK MCDONA~ requests a Wetland Permit to construct a single-famil~ dwelling, deck, pool, sanitary s~stem approx. 75' from edge of wetlands. Located Private Road off Orchard Lane, Cedar Beach Park, Southotd. SCTM9 89-3-11.3. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behal~ of or against this application? BRUCE ANDERSON.: Suffolk Environmental Consulting for the applicant, McDonald. You went out to the site you stxouldhave seen th~ thefill line was staked, the property boundaries were staked, the wetlands were flagged, the proposed house and septic s~stem~were also staked. It is a routine application. What we have done is that we have set the house back 75'. It is a fairly restrictive lot. It is not a very deep lot in teza~ of the amount of upland available. You ca~ see. b~ looking at the survey, approx, half the site is wetlands. It was created as part of a subdivision. The only reason we are here is because the fill crosses over that 75' setback line. The reason why the fill is there is number one to elevate the house so that is conforms with applicable flood plain regulation. Also more important to this board is to elevate the septic system. TRUSTEE KRUPSKI: I think the only condition that I would like to see, is hay bales placed at the 7' contour and be left there. Have no disturbance landward of it. BRUCE ANDERSON: Also a silt fence back behind ~b~t. Board of Trustees 4 October 23, 1996 'TRUSTEE HOLZAPFEL: I the survey it says a proposed 72' waterproof concrete retaining wall. Is that 72' long and then it comes out across in front? Or is the concrete wall on the side. On the survey. BRUCE ANDERSON: Yes that is a concrete retaining wall. It has to be... TRUSTEE HOLZAPFEL: I understand. Is it just running along the property line? BRUCE ANDERSON: It does but it bevels in towards the house. TRUSTEE HOLZAPFEL: My real question is will you ever get permission to but that on a property line? BRUCE ANDERSON: Yes. TRUSTEE HOLZAPFEL: There is no setback? BRUCE ANDERSON: No because the only reason for the wall is because you have to maintain a 20' slope from the outer ring to the property boundary's. Because the system is mounded, you can't maintain that slope. The remedy is to but a low profile concrete retaining wall to contain that fill. The reason that it is concrete and water proof, is that technical matter that involves a side leaching from the septic ring. In truth it probably doesn't matter that is its water proof. It is a requirement. TRUSTEE HOLZAPFEL: They will allow you to put it on the property line? That is my only question. BRUCE ANDERSON: Yes. TRUSTEE KRUPSKI: CAC coa~L~ents, recoL~nd approval. Any other comment? I will take a motion to close the hearing. TRUSTR~ HOLZAPFEL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I will make a motion that we approve the application of Mark McDonald with the addition that a line hay bales be placed a 7' contour line with a silt fence. TRUSTEE KING: Second. ALL AYES. 4. En-Consultants, Inc. on behalf of WUNNEWETAPOND ASSOCIATION requests a Wetland Peaa~t to replace within 18".. 56 1.f.,5 1.f., 177 t.f. and 25 1.f. of bulkheads. Add a new 10 1.f. return. Back~ill with 65 c.y. clean san~ to be trucked in from an upland source. Located Bridge Lane, Cutchogue. SCTM ~118-1-1t TRUSTEE KRU~SKI: Is there anyone that would like to make a comment on the application? DIANNE LE VERRIER: From Eh-Consultants representing~Wunneweta Pond Association. Basically the bulkhead is badly deteriorated and we will replace in front of it. The area where they want to put in the return is also badlyeroded. I have the DEC pe=~it. TRUSTEE KRU~SKI: Any comment of the Board or questions o~ Dianne? TRUSTEE WENCZEL: It looks pretty straight ~orw~rd. CLERK: CAC rec~nds approval. TRUSTEE KRUPSKI: I will make a motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE GARRELL: I will make a motion to approve. TRUSTEE KING: Second. ALL AYES. 5. Eh-COnsultants, Inc. on behalf ofBRUNOCI~PITF~'.LI requests a Wetland Pe~n~t to construct a timber dock consisting of a 4~ X 88' fixed elevated walk, (4' above grade of marsh), a 3' X 14' hinged ramp, and a 6' X 2~' float with 2 pile dolphins. Locate~ 220 Broadwaters Road, Cutchcque. SCTM ~104-i0-7 TRUSTEE KRUPSKI: Anyone here who would like to speak in.favor o~ or against the application? Board of Trustees 5 October 23, 1996 DIANNE LE VERRIER: En-Consultants representing Bruno Cippitelli. I sent in the revised drawings a couple of weeks ago. The revised drawings show the proposed dock in the middle of the property. I spoke with Mr. Cippitelli and the contractor and they were both amenable to moving it. TRUSTEE KRUPSKI: Thank you. Anyone else like to JOE GOLD: Representing the the property owners to the east. The matter of which we discussed at the last meeting has bccn resolved. I would just like to make a c~,ent in general. This is just a little corner of the creek there that have very narrow lots. I said at the last meetiug that there is potential for 3 more docks there. There is actually 4 more. It might be something to keep in. mind ~b~t locating the dock in the center of the property is the least intrusive to the adjacent property owners. There are going to be some .day 7 docks on 600' of water front there. TRUSTEE KRUPSKI: Thank you. You have seen the revised drawing then? JOE GOLD: I haven't seen the drawing. TRUSTEE GARRELL: Joe is there any hope of getting people together to share a dock so you can have 3 docks instead of JOE GOLD: I really can't speak for the people in that area. Within the are that is live in, it is hard to get people toqether for anything except putting out a fire. TRUSTEE KRUPSKI: Any other c~m~nt? Board TRUSTEE WENCZEL: I think that one of the conditions of the dock should be that the dock should be no longer than a line drawn between the adjacent docks. If the 88' catwalk happens, to put it out beyond that point, they would, be required to cut that back at the time of construction. Also we den't want to see any more mowing o~ ~e wetlands. DIANNE LE VERRIER: We discussed that with them. TRUSTEE KRUPSKI: Good. Because next year it would be a violation. TRUSTEE KRUPSKI: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE WENCZEL: I will make a motion that we approve the applicat%n~ of Bruno Cippitelli for a wetland permit to include the stipulation that under no condition shall the dock be any longer than a line drawn between the two adjacent docks. We would expect it to be cut back if that were the case. TRUSTEE HOLZAPFEL: Second. ALL AYES. 6. Henry Raynor on behat~ of a Wetlan~ Permit to remov'e approx. 8.0' oE X 60' and 4' X 18' docks and construct approx. 130' bulkhead withapprox. 15' return on north side of property, also to construct a single family dwelling with associated sanitary as per survey date~ Aug,mt 27, 1996. Located 890 Old Harbor Road, New Suffolk. SCTM $1t7-5-22. Board to recess this hearing until the November 20thregutarmeeting. Once the question o~ the location of the zoning line is answered, the Board will proceed with its review. A motion was made by TRUSTEE KR~PSKI and seconded by TRUSTEE HOLZAPFEL to recess the hearing until the next meeting. ~LL AYES. 7. Eh-COnsultants, Inc. on behalf of EDWARD THORP. requests a. Wetland Pezmit to construct a 2-story, 1-family dwelling, ~wi~ming pool, decks, pervious driveway, underground utilities, sanitary Board of Trustees 6 October 23, 1996 system, well, as per revised survey dated 4/17/96. Located: 385 North Lane, East Marion. SCTM ~31-7-10. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the applicant? DIANNE LEVERRIER: Eh-Consultants representing Edwa~dThorp. Last time I was here I had brought up that he had gotten some feed back from the Department of Health with regard to an existing well. I got some feed back from Ed Thorp. He told us that the proposed well on the south side was from a previous subdivision and it was denied by the Health Dept. They are not going to do snitching with that. It has no effect on the current proposal.. It was just there on the survey. The existing well has a question on. Basically it was a test well that had been dug and they have the info£~uation and the Health Dept. has everything on file. TRUSTEE HOLZAPF~.T.: So the existing well isn't functional? DIANNE LE VERRIER: It was done and tested by Kreiger Well. It is not functional now. TRUSTEE HOLZAPFEL: The reason I am saying is that now you can see the septic system. It wasn't on l~t survey, I don't think. DIANNELEVERRIER: Yes it was. TRUSTEE HOLZAPFEL: It seems to be in the most undesirable place in terms of protecting the water. TRUSTEE KRUPSKI: Is it out side of our jurisdiction based on your inspection? TRUSTEE HOLZAPFEL: It is right here. it is one of those things that it is outside but it is close. TRUSTEE KRUPSKI: The survey says 100'. What do you think it was? TRUSTEE HOLZAPFEL: I suspect it is. TRUSTEE KRUPSKI: So it is outside. TRUSTEE HOLZAPFEL: Right. I had no problem looking at it. I just thought there should be a ha~ bale line. TRUSTEE KRUPSKI: The CAC recommends approval provid~dproper erosion and sidement controls. TRUSTEE HOLZAPFEL: There is a dramatic drop off into the lake. DIANNE LEVEIRE: Those issues would be up to the ~ealth Depazh,~ent. TRUSTEE HOLZAPFEL: Right. O.K. TRUSTEE KRUPSKI: Any other comment? Do I have a motion to close the hearing? TRUSTEE GARREIJ,: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I will make a motion that we approve the application of Edward Thorpwith the conditions that a row of hay bales and silt fence be placed at the 75' set back or above the 15' contour, whichever is easier to do, and that the case of a sw~u~Lng pool that there be a dz-ywell for the back wash. TRUSTEE GARR~T.T.: Second. ALL AYES. The Board spoke with Ms. Anderson and will meet with her and her contractor on field inspections. The Board will also try and get the DEC there. V. RESOLUTIONS: 1. IRENE MARY WA~NY requests a Grandfather Pezn~t for a 8' X 12' sitting area that was built prior to 1991. Located 1077 Willow Point Road, Southold. SCTM $56-5-39. Board of Trustees 7 October 23, 1996 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve the grandfather permit s~bject at such time that the structure is no longer functional before it is rebuilt it must be moved back (landward) 10' ~T.T. AYES. 2. Costello Marine Contracting on behalf of JANE WHITE COOKE requests a Grandfather Pez~uit for 250' bulkhead built prior to 1965. Located 10245 Nassau Point Roadr Nassau Point. SCTM $119-1-11,12,13. A motion was made by TRUSTEE KRL~SKI and seconded by TRUSTEE HOLZAPFEL to approve the Grandfather Pex~it. ALL AYES. 3. En-Consultants on behalf of WUNN~ POND ASSOCIATION requests a one year extension on permit $4405 allowing the channel to be dredged, to expire January 1998. Located Bridge Lane, Cutchogue. SCTM $118-1-11. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve the one year extension. ALL AYES. 4. Proper-T Permit Services on behalf of ANDREAS PALIOURIS requests a one year extension on pezmit ~4383 for single family dwelling, to expire October 27, 1997. Applicant is getting Health Dept. approval and plans to start construction in the Spring of 97. Located Private Road off Sound View Avenue, Southotd. SCTM $59-9-4.2. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to grant a one year extension. ALL AYES. 5. Proper-T Pezmit Services on behalf of MICH~ELLEAHY requests a one year extension on Permit $4379 for additions to house and constructing a dock, to expire October 1997. Located 2200 Hobart Ave., Southold. SCT~ $64-3-4. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GAR~r.r. to approve a one year extension. ALL AYES. 6. Board to recommend to the Town Board to change the residential limits from 1/2 abushel to two hundred o!~sters per day. A motion was madeby TRUSTEE KRU~SKI and seconded byTRUSTRR HOLZAPFEL to send the above recua~ended change to the Town Board and the Code Co~m~ittee. ALL AYES. VI. MOORINGS: 1. ~Dr.~capPetlo requests a duck blind in Corey Creek (near The Cove) as per Bay Constable. A motion w~ made by TRUSTEE HOLZA~FEL and secondedb~ TRUSTRR GARRRr~ to haveDon Dzenkowski to find alocation for the duck blind and approve same. ALL AYES. Meeting w~ adjourned 8:30 Re. spectfully Submitted By: D erk ~oard of Tr~tees