HomeMy WebLinkAboutTR-02/28/1995 Albert J. Krupski, President
John Holzapfel, Vice President
William G. Albertson
,. 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
MINUTES
FEBRUARY 28, 1995
WORKSESSION: 6:00 p.m.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: Thursday, March 30, 1995 at 7:00
p.m.
WORKSESSION: 6:00 p.m.
NEXT FIELD INSPECTION: Thurs. March 16, 1995 at 12 noon
APPROVE MINUTES: Jan. 26, 1995 Regular Meeting
I. MONTHLY REPORT: Trustee monthly report for January
1995: A check for $11,552.90 was forwarded to the Supervisor's
Office for the General Fund.
II. PUBLIC NOTICES: Public Notices are posted on the Town
Clerk's Bulletin Board for review.
III. AMENDMENTS/WAIVERS/CHANGES:
1. ROBERT MC GRAIL requests an Amendment to Permit #4301 to
include a timber retaining wall and change the contour intervals
from 5' to 2' (as per DEC requirements) and move house 5'
further landward (south). Located: Lot #1 of Cranberry Acres
Subdivision, Cedar Beach Road, Southold. SCTM #89-1-10.2
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
2. Ural Talgat on behalf of ARTO KHRIMIAN requests an
amendment to Grandfather Permit #4205 to include renovations to
an existing greenhouse structure, and encompassing the wood
frame building and greenhouse structure under one new roof.
Located 58365 County Road, 48, Greenport. SCTM #44-2-13
TRUSTEE WENCZEL moved to deny the Amendment and requests a Full
Application, TRUSTEE HOLZAPFEL seconded. ALL AYES
Board of Trustees 2 February 23, 1995
3. SUSAN E. TASKER requests a one-year extension for Permit
#4167 to construct a one family dwelling, deck, retaining walls,
sanitary system, bluestone driveway, underground utilities and
approx. 200 c.y. of clean sand. Located Route 48, Southold.
SCTM #44-2-11
TRUSTEE ALBERTSON moved to approve the one year extension,
TRUSTEE GARRELL seconded. ALL AYES
4. William C. Gogggins on behalf of FRANK P. FRANCIA &
JAMES CONTE requests that dock permit be transferred from
Frank P. Francia to new owner of property, JOHN P. REARDON,
also keeping James Conte on permit. Located: Pleasant Inlet,
Cedar Beach, Southold. SCTM #90-2-19
TRUSTEE KRUPSKI moved to table this until we meet with Town
Attorney, TRUSTEE GARRELL seconded. ALL AYES
5. DAVID WIRTZ requests a Waiver to construct an open roofed
front porch on an existing house 8' X 24.25', and a rear deck
onto house 16' X 25' Located 2805 Cedar Lane, north side of
Pine Road, 144' east of intersection, East Marion. SCTM
#37-4-13 & 37-7-4.1
TRUSTEE HOLZAPFEL moved to approve the Waiver, TRUSTEE ALBERTSON
seconded. ALL AYES
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG
ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
7:15 p.m. - In the matter of En-Consultants Inc., on behalf of
AQUA FOOD PROPERTIES LTD., PARTNERSHIP requests a Wetland Permit
to replace (within 18") 1,505 1.f. of existing timber bulkhead.
Maintenance dredge 228+/- (max.) X 245+/-' (max.) basin and
50+,'-' X 179+/-' of channel to a max. depth of 10' below
ALW. Approx. 3,800 c.y. of resultant spoil will be used both
for backfill and temporarily deposited in open field to east of
channel previously used as spoil site. Spoil deposited in
stated location will be removed and deposited at approved upland
source. Basin and channel previously maintenance dredged to
-10' ALW pursuant to NYSDEC Permit Nos. TW15278-0156SP and
1-4738-00728. Multi-year maintenance permit requested.
Located 2835 Shipyard Lane, East Marion. $CTM #38-7-7.1
TRUSTEE KRUPSKI: I don't think we're going to have this tonight.
ROB HERRMANN: I spoke to Diane earlier in the week. We had
forwarded you the information. Peter, I think you had requested
documenting the field tank removal from the site. We have not
Board of Trustees 3 February 23, 1995
yet been successful in being able to contract a private
hydrologist at a reasonable cost for the rest of the information
Marty had requested. I did speak with the SCWA. They do
not do it. They hire their own consultants to do it for them.
So we are still searching for somebody to do that. I'll try to
get you somebody to do that, so hopefully by next month, we'll
have to contact you directly and see what can be worked out.
TRUSTEE KRUPSKI: Then I'll make a motion to recess this Public
Hearing once again.
TRUSTEE GARRELL: Second. ALL AYES
7:20 p.m. In the matter of John Geideman on behalf of
KENNETH MORRELLY requests a Wetland Permit to construct a 6' X
45' dock, a 3' X 10' ramp and 2 floats: 5' X 18' & 4' X 5'.
Located: 1735 Long Creek Drive., Southold. SCTM #55-7-4
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
against this application? Is there anyone here who would like
to speak in favor of the application?
KEN MORRELLY: I'm here to discuss some of the details of this
application and also I see by some of the numbers here that
perhaps I could provide the Board with a better understanding of
what I had in mind. The first issue that I would like to
address has to do with the part of the sentence here that
discusses constructing a 6' X 45' dock. I don't know where that
particular number came from, the application that I believe that
went in and approved by the Army Corps and the DEC, that's
really a catwalk and we had looked at a 4' X 45' which is a
total right down to the float. I had received a call a few days
earlier from the Board indicating whether or not that 3' would
be appropriate and I guess that is something that is desirable
we could make the catwalk 3' X 45' I don't have any problem
with that part. The 3' X 10' ramp is just the ramp down to the
float. I guess the issue which is left to discuss as to the
size of the floats and why they are what they are. I have had a
lot to do with that since I designed it for a couple of
reasons. One float is 5' X 18' is in a "T" configuration and
the other is actually a 4' X 12' instead of a 4' X 5' Let me
discuss what the rationale was and answer any questions that
perhaps I can in regard to any concerns you might have. The
first issue is one of stability. A "T" float is a more stable
configuration and as part of our family, my Mother-in-law lives
with us and she is 75 years old and she has a sister and from
time to time they spend a week or two at our home and that the
stability of the "T" dock I thought would be one in advantage on
here being able to walk out onto the water. The second issue is
that I had intended to purchase a small 15' or 16' boat with an
outboard motor. And since I don't use it very frequently I
wanted the ability to pull it up on the dock and I felt the
additional floatation down at that end, the "T" end would help
support the outboard motor. That was the basis of my request
for the 5' X 18' and the 4' X 12' in the "T" sections.
TRUSTEE KRUPSKI: I can understand that. In our description
that I read it has 4' X 5' So that's a type-O. Your
Board of Trustees 4 February 23, 1995
description that you gave us is represented in the plan that is
submitted.
MR. MORRELL¥: That is what I thought we had done.
TRUSTEE KRUPSKI: Peter, you took a look at this?
TRUSTEE WENCZEL: I took a look at this and as we discussed I
recommended that it could be cut down to 3' I questioned Mr.
Morrelly about the "T" configuration and the large float
area. I was a little concerned that it is a much large float
area than normally approved.
TRUSTEE KRUPSKI: And that's our concern, that not only the
monopolization of the bottom, because the creek is Town owned
property, but also the fact that is shades out the marine growth
underneath it. And that's why we try to minimize the size of
every structure. We understand your need for access but on
every application we try, because not only of navigability, but
also because of the marine environment, we try to minimize the
size of its structure.
MR. MORRELLY: I appreciate that and I'd like to offer a few
other causes you might want to consider having to do with both
of those issues. The dock size is a little more than 10% over
the minimum. There are other docks in a "T" configuration that
are there. But I think that that particular part of the creek
is in fact very shallow. The bottom is sandy. I noticed that
in the summer when any algae grows that it de-oxygenates the
water to an extent that the turtles can't stand it. So one
might question whether or not less algae is in fact a little bit
better in a Sandy bottom. I guess the other comment is that I
felt that by looking at .... and I do really appreciate the area
from a standpoint of everything from a kingfish to the osprey,
that perhaps a little bit more shading there would provide an
area for some of the small fish to survive a little longer under
that dock so that they may be able to in fact provide an
ecological balance to the creek. So whereas I understand that
you need the balance of things, I thought I'd throw off some
issues in addition to the safety ones which is really my
concern. My Mother-in-law, which has really somewhat strange
because most of us would like her to jump in.
TRUSTEE WENCZEL: Also having that extra float area so that you
can dry dock the boat. Is that correct?
MR. MORRELLY: I think there are two reasons for that. As
stability as an engineer, and I'm not bragging, part of it is
that the stability in a "T", particularly when you have folks
walking on it, one of the things we did do is we made the dock a
little bit narrower. It is only 5' as opposed to 6' I picked
up the stability by the "T" section because I thought it would
compromise giving the feeling I recognized that the foot print
was an important characteristic. There is one other thing that
I can do before you vote, and that is if it is important, we
probably can make the 18' section 16' if that is really all that
is important to you. I really can't tell two foot one way or
the other until it really is built. But if that's the key issue
than in addition to making the catwalk 3' from 4' I could
probably reduce the width and it would still give me the 20'
extension into the creek.
Board of Trustees 5 February 23, 1995
TRUSTEE HOLZAPFEL: The idea that you want a float to extend
straight out instead of the catwalk continuing out?
MR. MORRELLY: That's so that it more stable and it gives me
more buoyancy at one end. So there's two issues~ One,
stability from the standpoint of walking on it, and two,
buoyancy from the standpoint of pulling up a little run-about
where there's an outboard motor at that end...
TRUSTEE HOLZAPFEL: Right, but the run-about is gonna be on
the "T" section?
MR. MORRELLY: If you take the "T" section like this
(indicating to the Board on a piece of paper) which this is 5'
wide and this is 18', and you pull something up like this when
you have an outboard motor on it you want more floatation on the
end.
TRUSTEE WENCZEL: My one comment at this point would be a 6' X
20' float is 120 s.f. The combination of 12' X 16' and a 4' X
12' is 138'
TRUSTEE KRUPSKI: I think it seems reasonable, especially in
light of the fact that the boat won't be shading the site part
of the time anyway.
TRUSTEE WENCZEL: Are you willing to reduce that to 16'?
TRUSTEE KRUPSKI: I think this is fine. The CAC recommended
approval without any conditions. Is there anyone here who would
like to speak either for or against this application.
TRUSTEE WENCZEL: I'll make a motion we close the hearing.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE WENCZEL: I'll make a motion to approve the 3' X 45'
catwalk, 3' X 10' ramp, & 2 floats measuring 5' X 18' & 4' X 12'
in a "T" configuration.
TRUSTEE ALBERTSON: Second. ALL AYES
7:30 p.m. - In the matter of jay Dempsey on behalf of WALTER
GREEN requests a Wetland Permit to construct a 4' X 24' catwalk,
a 3' X 12' ramp and a 6' X 20' float. Located Pine Neck Road,
approx. 1,000 east of intersection of Oaklawn Ave., & Pine
Neck Road, Southold. SCTM #70-6-20
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application? Is there anyone here who would
like to speak against the application?
MR. WELLS: In September I received a letter from the Dept. of
Engineers stating that Walter Green, my next door neighbor had
proposed putting out a dock and the best that I could come to is
that Mr. Green owns 9 or less than 9 feet on the water. You
gentlemen have a copy of this?
TRUSTEE KRUPSKI: Yes, we do. We have surveys and everything in
the file.
MR. WELLS: I responded to the Corps of Engineers, immediately
and stated my concerns whether the width of the property was so
small you couldn't bring a boat in. And I certainly couldn't
bring my boat in. Mr. Green has a boat in excess of 30'
Sailboat. I don't see how it could work. You would either have
to construct a dock standing on somebody else's property. He
went to you people and asked for permission. The Army Corps of
Engineers set out to our place to look it over and assured us
Board of Trustees 6 February 23, 1995
that they didn't think that he could, apparently it didn't. Now
he's come to you and changed the design of the dock, in that
it's a little narrower going out into the water. But he still
has 9 feet or less. I just don't see how .... if you notice the
property line. It goes down so if you tie a row boat along the
side of it your extending it to someone else's property. I know
Mr. Green had his property for sale.
TRUSTEE KRUPSKI: Is there anyone else who would like to speak
either for or against this application?
TRUSTEE HOLZAPFEL: The Corps of Engineers, came out and they
did an inspection? Did they write back to you?
MR. WELLS: No they did not.
TRUSTEE KRUPSKI: That's incredibly unusual. The Corps of
Engineers really shows very little interest in Southold Town in
general.
MRS. WELLS. The gentleman who came out from the Army Corps of
Engineers talked to me in the back yard and we went down and
looked at the situation, and I explained to him that I didn't
even see how we could get our own boat in if that dock was
constructed out there, and you could see that there was a very
small amount of property there and he said to me, "don't worry
about it Mrs. Wells, I'm sure they won't approve that". Then we
didn't heat from them since.
TRUSTEE HOLZAPFEL: I was just hoping that they had followed up
and sent you something that we didn't have, because we haven't
gotten anything back. I went through the file and didn't see
anything that they had sent to us.
MRS. WELLS: I assumed that if they had approved it Mr. Green
would have gone ahead and built the dock.
TRUSTEE HOLZAPFEL: Not quite. He would still have to get our
approval.
TRUSTEE KRUPSKI: There is a DEC approval in here dated 8/94.
TRUSTEE HOLZAPFEL: I was looking to the Corps of Engineers
general permit, and they require 30' between docks, no matter
what.
TRUSTEE KRUPSKI: It's sort of contradictory to their special
conditions here. # 3C Docks and floats shall not C. interfere
with navigation. And from reviewing what's in the file, it
certainly seems that that dock would interfere with navigation.
Now we've approved docks on right of ways 42" wide before. But
that was in an area where there was .... adjacent property owners
have plenty of room for normal docks and there was no problem
with any kind of normal navigation between that owner and the
neighbors. Now this situation is completely different, whereas,
your existing dock is probably 10' or 15' from the proposed
dock. It's an extremely confined area there.
MR. WELLS: You can walk from one dock to the other dock over
the boats.
TRUSTEE KRUPSKI: That's true. I think it's the Board's feeling
that because your on waterfront property it doesn't mean you
have the right to build a dock, it means you have right to
access water. I don't think it necessarily means that you have
the right to build anything. Any Board member have anything to
say on that?
Board of Trustees 7 February 23, 1995
TRUSTEE GARRELL: My feeling is sooner or later, that's a case
where neighbors have to work something out. Otherwise down the
line, somewhere either here or now when the property changes
hands and your gonna have litigations .... this is plainly a
case that calls out for people getting together and deciding
what they want to do with docks.. Have you talked with ....
MR. WELLS: My first experience with Mr. Green seven years ago,
was most unfortunate. He used my dock to bring his boat in and
he didn't tie mine and it swung out and sometimes it was left
hanging out. I finally, after a year or so, do to the
assistance of my one of my neighbors, who is an attorney, said,
"you'd better stop that, or your gonna be in trouble." So
demanded he find another way to get to his boat. I don't
honestly see how anyone can construct a dock there.
TRUSTEE WENCZEL: Does Mr. green presently have a mooring?
MR. WELLS: He has a mooring out into the creek. And he has a
dinghy that he goes out to it. At least a 30' boat, a sail boat.
TRUSTEE KRUPSKI: Is it safe to assume here that he wouldn't be
capable of docking his sailboat at what he proposes.
MR. WELLS: I don't see how he could.
TRUSTEE WENCZEL: How deep is the water there?
MR. WELLS: Not that deep. Well, at certain times, with the
tides.
TRUSTEE WENCZEL: How big a boat do you have?
MR. WELLS: 26 feet.
TRUSTEE KRUPSKI: What's submitted here shows that Mr. Green's
proposed dock at the end of it, not at the length of it, but at
the very end would have less than 2 1/2' of water.
TRUSTEE HOLZAPFEL: We have general statement, 15' from the side
line, and Zoning Board has a thing where there are side line
structures. Does that run into us here?
TRUSTEE KRUPSKI: No, our policy is a code.
TRUSTEE HOLZAPFEL: Yes, but Zoning Board is code.
TRUSTEE KRUPSKI: The Zoning Board isn't going to act on this.
they don't have any jurisdiction here. So it's up to us to
interpret the standards in 97-28. Whether this is going to
adversely affect navigation on tidal waters. Or whether it's
under I "or otherwise adversely affect the health, safety and
general welfare of the people of the Town. Which brings to mind
the right of someone to build what they want, or the right of
them because they own the property. It's just the right to
access the water and not to build whatever they propose.
MR. WELLS: When they purchased it, it was just like it is
today, (could not hear him).
TRUSTEE WENCZEL: I don't know how you could shoe-horn a dock in
there, it doesn't seem practical.
TRUSTEE KRUPSKI: It doesn't. Especially where Mr. Wells only
has a few feet to work with. You have no recourse in moving
yours. Sometimes if the neighbor is constrained by the size of
his property and another neighbor can move his, and make way,
but your constrained on your property where your dock has to go.
MR. WELLS: I would be crowding my other neighbor on the other
side.
TRUSTEE WENCZEL: How long is your dock?
Board of Trustees 8 February 23, 1995
MR. WELLS: I've been there 40 years and the dock has been there
close to 40 years.
TRUSTEE GARRELL: I'm inclined to say no.
TRUSTEE ALBERTSON: I'm going to abstain, because Mr. Wells is a
customer.
TRUSTEE WENCZEL: I think we have to realize too that Mr. Green
already has access and perhaps that's what that property is
about the right size for a dinghy. I know Mr. Wells' property
is not much larger but he's been there for 40 years.
TRUSTEE KRUPSKI: I'll entertain a motion to close the hearing.
TRUSTEE GARRELL: So moved.
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion to deny the application of
Mr. Green based on the standards set forth in Chapter 97-28F
"could adversely affect the navigation of tidal waters", and I
"otherwise adversely affect the health, safety and welfare of
the people of Town. And that this structure doesn't seem
appropriate for the size of the property and that the property
lends itself to access to the water and not a structure on it.
TRUSTEE HOLZAPFEL: Second.
TRUSTEE ALBERTSON: I ~abstain.
7:43 p.m. - In the matter of JOHN CROKOS requests a Coastal
Erosion Permit for the installation of 140' of cyclone fence.
Located 2110 Grandview Drive, Orient. SCTM ~14-2-3.11
TRUSTEE KRUPSKI: When we met with Mr. Crokos, we recommended
that he separate the corners so that the front section is
separate, so that is the front section ever did fail, under
Coastal Erosion, it would make more sense to have the front
section fail and let it go not pull the whole side fences with
it and undermine that area. He was agreeable to that. Do I
have a motion to close the hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion for approval with a
condition the Mr. Crokos separates the north portion from the
east and west portion of fence.
TRUSTEE ALBERTSON: Second. ALL AYES
7:45 p.m. In the matter of Peconic Associates on behalf of
PARADISE POINT ASSOCIATION requests a Wetland Permit to
maintenance dredge to original depth of 4' approx. 250 c.y. of
entrance to basin. It is proposed to replace the approx. 250
c.y. washed out of the inside of the entrance jetty from the
material removed from the entrance channel now totally
enclosed. It is proposed to place the approx. 230 c.y. from
area #2 as beach replacement just west of the bul~head
entrance. Option would be to remove and dispose of material at
an upland sire. NOTE: Applicant amended application to
maintenance dredge to original depth of 4' approx. 300 c.y. at
entrance to basin and approx. 230 c.y. at three locations in the
basin. 300 c.y. of spoil is to be placed in the bulkhead
jetties and the remainder as beach replenishment. Method of
maintenance dredging to be by clam shell bucket and enclosed
Board of Trustees 9 February 23, 1995
containers on barge. (Option: Removal to an upland site -
Latham Sand & Gravel Yard). Located boat basin at entrance to
Southold Town Harbor, land access: Robinson Road & Basin Road,
to end. SCTM #81-1-16.1
TRUSTEE KRUPSKI: Would anyone like to speak either for or
against this application? The DEC will not allow them to put
the spoil on the beach.
TRUSTEE GARRELL: Motion to close the hearing.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE HOLZAPFEL: Motion to approve.
TRUSTEE WENCZEL: Second. ALL AYES
7:47 p.m. In the matter of Young & Young on behalf of NANCY L.
FOOTE requests a Wetland Permit to construct a single family
dwelling, swimming pool, deck, driveway, sanitary system, water
service, walkway, a 4' X 60' catwalk, and a 5' X 20' float as
per survey dated 6/10/94. Located Willis Creek Drive, 964'
south of Meadow Beach Lane, Mattituck. SCTM ~115-17-17.13
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in f~vor or against this application?
MR. ANGELL: We granted an approval with provisions. The dock
be located not less than 15' from the neighbors property. We
had a question about the fill required. Can you clarify that?
TRUSTEE KRUPSKI: We didn't notice the fill portion.
TRUSTEE HOLZAPFEL: I think it says two different things.
TRUSTEE KRUPSKI: It says, "no off site fill is required."
MR. ANGELL: We were concerned about not creating a run-off
problem by taking the fill in and placing around the property,
and they have haybales during construction, but if they fill on
and it's not vegetated correctly we could have a potential
silting problem.
TRUSTEE GARRELL: The only comment I have is the catwalk. It
should be 3'
TRUSTEE ALBERTSON: Move to close the hearing.
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make the motion to approve the
application with exception that catwalk be 3' X 60' and approval
based on survey dated 1/18/95 and that no fill be placed within
the 75' jurisdiction and fill should not impact area, and a no
disturbance buffer consistent with neighbor to south.
TRUSTEE GARRELL: Second. ALL AYES
8:00 p.m. In the matter of Proper-T Services on behalf of JOHN
C. NEVILLE requests a Wetland Permit to construct a fixed
catwalk 3' X 78' a hinged ramp 3' X 12' and a 6' X 15' floating
dock. Located 2380 Hobart Ave., Southold. SCTM #64-3-6
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
on behalf of this application.?
MR. FITZGERALD: I submitted to the office yesterday a letter
asking that the width of the walkway and ramp be increased to 4'
in the application.
TRUSTEE KRUPSKI: Is there a reason?
MR. FITZGERALD: Because everybody wants a 4' wide dock. The
specific reason is that the owner wishes to have it that way and
Board of Trustees 10 February 23, 1995
TRUSTEE GARRELL:
TRUSTEE KRUPSKI:
MR. FITZGERALD:
TRUSTEE KRUPSKI:
MR. FITZGERALD:
TRUSTEE KRUPSKI:
understands it will probably not be approved without significant
reasons, but I have not received any indication of a specifiC
reason.
TRUSTEE KRUPSKI: Basically we have approved structures wider
than 3' with a medical reason.
MR. FITZGERALD: I don't know the answer to that question, and I
would suggest that perhaps the best way to proceed is to approve
it at 3' and if it is a sufficient and valid reason we'll ask
for an Amendment.
TRUSTEE KRUPSKI: The reason we ask for the 3' is because we
want to minimize the size of every structure, and still provide
the applicant with the length that he requires.
TRUSTEE HOLZAPFEL: And this is gonna be 4' above grade.
MR. FITZGERALD: It will be 4' The bottom of the decking will
be 4' above vegetated grade.
TRUSTEE WENCZEL: When were the soundings taken?
MR. FITZGERALD: About two weeks ago.
TRUSTEE WENCZEL: Is there anyway that we can shorten that dock?
MR. FITZGERALD: Well he's looking for 3' of water at low water
and that just about gets it.
TRUSTEE KRUPSKI: What's the length of that dock?
MR. FITZGERALD: About 80'
TRUSTEE KRUPSKI: That's just the straight catwalk.
TRUSTEE WENCZEL: That particular dock to the north is kind of
on the point there.
This one comes out 95' total.
Is there any structure to the south?
No.
How much longer is it than the neighbor?
It's about the length of the float and ramp.
And your only talking about a 15' float not a
20' float. Is there some specific reason Peter that you think
it's too long there.
TRUSTEE WENCZEL: First of all the dock to the north is located
on the shallowest area because it's a point, so I'm sure that
this dock could get comparable water to the one to the north,
and be shorter. I think it's really just a matter of just this
constant encroachment on a public resource on public land. I
think 103' is excessive.
TRUSTEE KRUPSKI: Can we change it to a "T" configuration?
MR. FITZGERALD: He would probably want to go to 6' X 15'.
TRUSTEE HOLZAPFEL: Jim, just as a point, he would, on the
outside, have 3' of water all along there. Right now, he has
only 2' at the other end. Just I was just gonna suggest that
as a compromise.
TRUSTEE WENCZEL: I don't feel comfortable approving anything
any longer than what's adjacent to it which I already think is
too long.
MR. FITZSERALD: Well sometime we ought to talk about what's too
long.
TRUSTEE WENCZEL: Which is fairly arbitrary~ Then you get into
a whole big thing about.what's appropriate for a creek. At some
point a boat becomes too big for a piece of property and belongs
in a marina where an approval has been granted to dock these big
Board of Trustees 11 February 23, 1995
boats and the dredging has taken place and the facility is
appropriate.
TRUSTEE HOLZAPFEL: Would turning it be major problem?
MR. FITZGERALD: No, I don't think it would be a problem.
TRUSTEE KRUPSKI: Do you want to amend that to a 6' width?
MR. FITZGERALD: Yes.
TRUSTEE KRUPSKI: Before we could issue a permit you would have
to give a set of amended plans. Could you fill this out and
amend it here and we'll vote on that. Any other comments so we
could have a motion to close the public hearing.
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: A motion to approve with a 3' X 78' catwalk,
a 6' X 15' float at a right angle to the catwalk, and a hinged
ramp 3' X 12'
TRUSTEE GARRELL: Second.
TRUSTEE WENCZEL: Nay.
8:16 p.m. - In the matter of Proper-T Services on behalf of
DONALD C. WEBSTER requests a Wetland Permit to construct a fixed
walkway 4' X 80', A $" X 16' ramp and a T-shaped floating dock:
6' X 30' and 6' X 10', and install a 2-pile dolphin to secure
floating dock. Located 1165 Calves Neck Road, Southold. SCTM
#63-6-34
TRUSTEE KRUPSKI: I have one concern. Is that a completely
newly developed parcel, or was there a house there before.
MR. FITZGERALD: No it is a completely new house.
TRUSTEE KRUPSKI: Because, taking a look at that, they have a
sort of an indentation there and they have a problem with not
having any protected marsh vegetation because the branches of
the trees overhang the beach and they don't allow the shade of
the beach and they don't allow the spartina alternaflora to
grow. I just wanted to put into the permit a recommendation to
the Websters that they trim back those branches that overhang
the beach and plant spartina atternaflora in an effort to
hold the beaCh and stabilize the property. Because it's
completely shaded.
MR. FITZGERALD: Now, with regard to the 4' width here Mr.
Webster has said he will provide medical testimony, but I
haven't received it yet.
TRUSTEE HOLZAPFEL: So do you want us to approve it at 3' and
then you will come back and amend it or do you want us to table
this?
MR. FITZGERALD: No, I would prefer if you don't mind, if you
are so inclined to approve it at 3' and I'll amend it.
TRUSTEE KRUPSKI: Any question on the length, Peter?
TRUSTEE WENCZEL: Once again, I think this is too long. This
particular area is very productive and there is a lot of people
working there when the creek opened and there is a lot of seed
in there and I think if there is any way we can shorten this a
little bit it would make a difference.
TRUSTEE HOLZAPFEL: Do we have depths?
TRUSTEE WENCZEL: Yes, I would say to shorten it about 20'
Board of Trustees 12 February 23, 1995
TRUSTEE HOLZAPFEL: Did you do the soundings? And was that
recent?
MR. FITZGERALD: Yes.
TRUSTEE KRUPSKI: Peter has a problem with the length, because
of the shellfish resource there, and because of the navigability
problems, I have a problem with the size of the float because it
monopolizes the Town owned bottom. Unless the applicant has
some sort of unusual circumstance that he needs that size float
we could make an exception for, I think that's an inappropriate
size float. It just takes too much of the Town owned bottom and
monopolizes that area. We're trying to come up with a solution
that would afford Mr. Webster his access and yet still try to
minimize the impact on the waterway which is productive
shellfish area. Again, we're not trying to do your work for
you. We're not trying to give you a hard time, but we're trying
to make it work for everyone.
MR. FITZGERALD: I understand.
TRUSTEE WENCZEL: By going by the formula, not to redesign your
dock, if we cut it back to where we were just talking about,
would be a 60' walk with 16' ramp and a 20' float.
MR. FITZGERALD: Yes, I would like to go with what you suggested
originally and that is to keep the 80' walkway and 16' ramp and
turn the 6' X 20' float perpendicular to the long access of the
dock and ramp.
TRUSTEE HOLZAPFEL: Did you understand Peter's concern with that?
MR. FITZGERALD: Yes, the geometry of the situation with the 2
1/2' rise and fall of tide the stand of the ramp needs 2' to
move back and forth.
TRUSTEE HOLZAPFEL: Two feet on each side?
MR. FITZGERALD: No, two feet on the float itself. Ordinary low
and ordinary high.
TRUSTEE WENCZEL: You have to account for more than that.
Because otherwise the ramp is gonna fall off the float at one
point and your gonna have a real disaster.
MR. FITZGERALD: But we just did it for Mr. Neville. I don't
think that's a problem. I see those kind of configurations all
over Town.
TRUSTEE KRUPSKI: It seems to be standard configuration. It
seems like we're reinventing the wheel here.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE GARRELL: I'll make a motion we approve the application
for a 3' X 70' catwalk, a 3' X 16' ramp and a 6' X 20' float & 2
dolphins straight out.
TRUSTEE HOLZAPFEL: Second.
TRUSTEE WENCZEL: Nay.
8:36 p.m. - In the matter of Garret Strang on behalf of PORT
OF EGYPT requests a Wetland Permit to construct a new accessory
swimming pool, terrace & decks. Alteration of existing building
for cabana use. Installation of sub-surface sanitary system for
cabana and drywells for swimming pool filter waste water.
Board of Trustees 13 February 23, 1995
Construction of access sidewalks. Located south side of Main
Road, 1,483' east of Bay Home Road, Southold. SCTM #56-6-4 & 6.1
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of this application. Is there anyone here who would
like to speak against this application? I have CAC comments.
The reason that this is on is because a portion of the sidewalk
is in our jurisdiction. We should not vote out, well we could
close the hearing.
TRUSTEE WENCZEL: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: We should not vote out an approval on this
because we are Co-Lead Agency until we have reviewed the
material from the other Co-Lead Agency which is Planning Board.
So we'll recess this until we receive the minutes from their
Public Hearing and the information.
TRUSTEE ALBERTSON moved to go off the Public Hearing and go onto
the Regular Agenda, TRUSTEE HOLZAPFEL seconded. ALL AYES
V. ASSESSMENTS:
1. J.M.O. Consulting on behalf of LOUIS L. BACON requests a
Wetland Permit to restore South Pond (SH-5). Phragmites and
root mass shall be removed (excavated) and trucked to an upland
site (greater than 100' from freshwater wetlands and greater
than 300' from tidal wetlands for disposal. For disposal a pit
shall be excavated, material shall be placed in pit, covered
with a PVC liner and a 4' to 6' layer of soil shall be placed
on top of liner. In restoring pond, approx. 17,000 c.¥. of soil
shall be removed to create depths of 1 1/2' - 16' Pond shall
be planted with rooted emergent vegetation. Existing road
located within adjacent area shall be utilized during excavation
then replanted and abandoned. Greenbrier and dead vegetation
shall be removed from adjacent area (100') and a wetlands
transitional area shall be created. An area of phragmites
located southwest of pond along Great Peconic Bay shall be hand
cut to assure that no seed material returns to pond. Approx.
1,000 c.y. of clean sand shall be placed in area located between
pond and Great Peconic Bay to strengthen shoreline from storm
surge. Area shall then be planted with American Beach grass.
Located: Robins Island. SCTM #134-3-5
TRUSTEE HOLZAPFEL moved to give a Negative Declaration, TRUSTEE
GARRELL seconded. ALL AYES
2. En-Consultants Inc., on behalf of MICHAEL KEELY requests
a Wetland Permit to construct 75+ 1.f. of timber retaining wall
with (2) 8' returns. Approx. 50 c.¥. of screened clean sand
will be trucked in and used as backfill, and a 4' X 25' fixed
catwalk, a 4' X 12' ramp and a 6' X 16' float to be secured by
(2) 8' pilings. Located 580 Goose Creek Lane, Southold. SCTM
#79-1-3
TRUSTEE WENCZEL moved to give a Negative Declaration with a
recommendation to contact Soil Conservation and place a 10'
Board of Trustees 14 February 23, 1995
non-turf area behind retaining wall as per CAC recommendations,
TRUSTEE GARRELL seconded. ALL AYES
3. En-Consultants Inc., on behalf of WILLIAM GALATI requests
a Wetland Permit to construct a 60' low profile timber groin
extending from existing retaining wall and approx. 2' west of
existing 85' high profile groin which will be removed
immediately upon completion of new one. Proposed groin will be
of same configuration as other replacement groins to west, and
is in the midst of a large groin field which extends both east
and west. Located 55 Watersedge Way, Southold. SCTM #88-5-6.1
TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE
HOLZAPFEL seconded. ALL AYES
4. J.M.O. Consulting on behalf of PETER MICCICHE requests a
Wetland Permit to reconstruct within 18" 147' of timber
bulkhead and to backfill structure with approx. 30 c.y. of clean
sand which shall be trucked in from an upiand source. Northern
section of reconstructed bulkhead shall tie into 30' section
reconstructed within 18" under prior approval. Located Windy
Point Road, at Bayview, Southold. $CTM 378-6-4.1
TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE
ALBERTSON seconded. ALL AYES
5. JOSEPH & JUNE IAVARONE requests a Wetland Permit to
rebuild and extend an existing bulkhead out 18" plus add on a 4'
X 40' catwalk, a 2 1/2' X 12' ramp, and a 10' X 20' float.
Located 405 Wood Lane, 1,000 off Indian Neck Lane, Peconic. SCTM
#86-6-4
TRUSTEE GARRELL moved to give a Negative Declaration, TRUSTEE
WENCZEL seconded. ALL AYES
6. FRANK ZIMMER requests a Wetland Permit to clear a 4' wide
path. Located Main Road, Orient, across from Duvall's house
and Rose's Airport. SCTM #19-1-18.3 & 20-3-1.2
TRUSTEE HOLZAPFEL moved to give a Negative Declaration, TRUSTEE
ALBERTSON seconded. ALL AYES
7. Eh-COnsultants Inc., on behalf of CHRIST STRATAKIS
requests a Coastal Erosion & Wetland Permit to reconstruct an
existing stairway and platform arrangement from top of bluff to
beach, and construct a 6' X 6' shed that will be built adjacent
to the stairs for storage. Located 800 Sound Drive, Greenport.
SCTM #33-4-5
TRUSTEE HOLZAPFEL moved to give a Negative Declaration, TRUSTEE
GARRELL seconded. ALL AYES
8. ELLEN R. LEVY requests a Coastal Erosion Permit to
construct stairs down bluff to beach as follows: a 3' X 10'
platform, a 3' X 16' set of stairs, a 3' X 5' platform, and a 3'
X 50' set of stairs. Located Private Road, (Demerest Rd.)
north of Main Road, opposite Narrow River Rd., Orient. SCTM
#13-2-7.9
Board of Trustees 15 February 23, 1995
9. J.M.O. Consulting on behalf of ~ILLIAM PYMM requests a
Wetland Permit to reconstruct inkind/inplace a 150' timber
groin, and reconstruct a 50' timber groin where one had
previously existing but is now non-functional. Located ROW off
Reeve Ave., Mattituck. SCTM #122-9-7.9
TRUSTEE KRUPSKI moved to table this application, TRUSTEE
HOLZAPFEL seconded. ALL AYES
V. RESOLUTIONS
1. Board to set public hearings for the March 30, 1995 regular
meeting for those applications that have received a Negative
Declaration and the following applications which are Type II
actions.
TRUSTEE KRUPSKI move to approve, TRUSTEE GARRELL seconded. ALL
AYES
2. Mary Dorman on behalf of GERALD DORMAN requests a
Grandfather Permit for a dock 8' X 100' and an "L" shaped dock
8' X 45' Located 25 Navy Street, west side of Village Lane at
intersection of Navy Street & Village Lane, Orient. SCTM
#26-1-17
3. ROBERT MELROSE requests a Grandfather Permit for an
existing 40' timber pier. Piles and structure need to be
replaced (see State Dept. request to provide a 15' clearance
between property lines). Located 500 Robinson Road, Greenport.
SCTM ~34-5-i5
TRUSTEE HOLZAPFEL moved to approve the Grandfather Permit,
TRUSTEE WENCZEL seconded. ALL AYES
4. James Rambo on behalf of BETTY KUNKEL FISHER requests a
Grandfather Permit to replace a timber bridge measuring 52' X
14' inkind/inplace. Located Bridge Lane, 3/16 mile west of
Nassau Point Rd., Cutchogueo SCTM #118-1-6.1TRUSTEE HOLZAPFEL
moved to approve the Grandfather Permit, TRUSTEE WENCZEL
seconded. ALL AYES
5. Latham Sand & Gravel on behalf of VINCENT MANETTI
requests a Grandfather Permit to remove existing 59 1.f. of
bulkhead and reconstruct inkind/inplace and backfill with 60
c.y. of clean upland fill. Located 150 West Shore Drive,
(Reydon Shores) Southold.
TRUSTEE HOLZAPFEL moved to approve the Grandfather Permit,
TRUSTEE GARRELL seconded. ALL AYES
TRUSTEE GARRELL moved to adjourn the meeting at 11:00 p.m.
TRUSTEE WENCZEL seconded. ALL AYES
Res~ec{fully S!zbmitt~d ~y:
~~aneJ. ~%rerbert,~~~