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HomeMy WebLinkAboutTR-03/30/1995'~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 THURSDAY, MARCH 30, 1995 PRESENT WERE: Albert J. Krupski, Jr.,President John Holzapfel, Vice-President William G. Albertson, Trustee Peter Wenczel, Trustee Martin Garrell, Trustee Jill Doherty, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, April 27, 1995 at 7p.m. WORKSESSION: 6:00 p.m. NEXT FIELD INSPECTION: Friday, April 21, 1995 at 8 a.m. APPROVE MINUTES: Approve minutes of the February 28, 1995 regular meeting. The minutes where approved on a motion made by TRUSTEE ALBERTSON and seconded by TRUSTEE WENCZEL. ALL AYES I. MONTHLY REPORT: Trustees monthly report for February 1994: A check for $4,722.67 was forward to the Superv±sor'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. Peconic Associates on behalf of NARROW RIVER MARINA. Board to rescind resolution 6 and 6a of 5/26/93 with regard to channel markers. Located Narrow River Road, Orient. $CTM #27-2-4. On a motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL. ALL AYES. (see attached). 2. William C. Goggins on behalf of FRANK P. FHANCIA and JAMES CONTE request that dock permit be transferred from Frank P. Francia to new owner of property, JOHN P. REARDON, and keeping JAMES CONTE on permit also. Located-Pleasant Inlet, Cedar Beach, Southold. SCTM #90-2-19. BOARD OF TRUSTEES 2 MARCH 30, 1995 A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to approve. ALL AYES. 3. ROBERT G. MELROSE requests an amendment to Permit #4417 to remove open 40' wooden dock and replace with 40' X 6' float on north east side, replace wooden gangway with a 27' X 33" aluminum ramp and reduce float on south west to 37' as per NYSDEC, and to transfer permit to sone, James I. Melrose. Located 500 Robinson Road, Greenport. SCTM #34-5-15o A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL to approve. ALL AYES. 4. Cliff Broffman, Architect, on behalf of DAVID GORDON requests a transfer of ownership under Permit #1751 from Elsie Kastner to David Gordon for an existing dock, stairs & float° Also wishes to amend this permit to extend the dock to 4' X 32~, #4305 to reduce the size of the additions as noted in letter of March 22, 1195. Located 825 Bungalow Lane, Mattituck. SCTM #123-3-10 A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE ALBERTSON to approve. ALL AYES. 5. Elizabeth Thompson, Architect, on behalf of EDGAR J. SMITH requests a waiver to remove a 10' protection on waterfront side of house, and replace with a 3' deep bay window, and add 3' onto rear side of house. Located Bay Lane West, 700' to Main Street, Orient. SCTM#24-2-9. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to approve. ALL AYES. 6. ARTHUR TORELL request a one year extension on permit #4165 to construct a one family dwelling. Due to family illness, cannot afford to build at this time. Located 365 Westwood Lane, Greenport. SCTM #33-2-10 & 11. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to table so that this Board can inspect. The previous Board did the approval. 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. 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 7:31 P.M. - In the matter of En-Consultants Inc., on behalf of AQUA FOODS PROPERTIES LTD., requests a wetland permit to replace (within 18") 1438 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' (7')below ALW. BOARD OF TRUSTEES 3 MARCH 30, 1995 Approx. 3,800 c.y.(3000 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. Multi-year maintenance permit requested. Located 2835 Shipyard Lane, East Marion. SCTM #38-7-7.1 TRUSTEE KRUPSKI: Would anyone like to speak in favor of this application? ROB HERMAN: I am Rob Herman, En-Consultants. As the Board knows we have gone over this for several months. Didyou receive the revised drawing? TRUSTEE KRUPSKI: We did. ROB HERMAN: That will show the dredging reduced from the maximum depth from 18 to 17 feet...Also I know there has been historical questions that have been brought up at the previous meetings and Jack Mulhall is here tonight if any of those questions remain outstanding. TRUSTEE KRUPSKI: Thank you. Marty, do you have any questions? TRUSTEE GARRELL: No. We have been through this enough. TRUSTEE HOLZAPFEL: We have gone through this and you have made enough adjustments. TRUSTEE KRUPSKI: You have made a major adjustment in changing from 10 to 7' TRUSTEE WENCZEL: Have you spoken to the neighbors? ROB HERMAN: I have spoken Mr. Edler, who is here, by telephone earlier this week and he was satisfied. I quess there was a question as to whether we got in touch with Mr... MR. EDLER: He is in Florida. He said 7' is a good level even in the basin. TRUSTEE WENCZEL: Good. TRUSTEE KRUPSKI: Would anyone else like to speak in favor of the application? (No reply) Would anyone like to speak against the application? MR. EDLER: It is not against. It is just a question with the 7' How is that done? If by chance through human error or over enthusiasm they violate the water table, who is liable? TRUSTEE KRUPSKI: Good question. In dredging projects in the past we have asked for.post dredging survey of soundings. As far as who would liable for violating a permit, I would imagine it · would be the Bay Constable to enforce that as far as standard permit violations. I understand your concerns on that. They are certainly valid. MR. EDLER: Another question was shortening of the east bulkhead. It was only after Mr. Mulhall...as it went down in length that the sand build up...It would seem the constant literal drift from east to west, dying of the eel grass, so the sand moves more. There is going to be a frequent need for dredging as against when it went out almost to the dolphin. ROB HERMAN: That was our original intention from our original plan. Unfortunately, we are limited by what the DEC will allow. They are less concerned with about the channel then damaging the BOARD OF TRUSTEES 4 MARCH 30, 1995 beaches. If a groin has deteriorated they will not let you recreate a longer length. TRUSTEE KRUPSKI: The thinking there is that if it is functional it is already doing its job and if it is deteriorating it is not going to have any impact, however if it is no longer functional and you replace it to that length, it is going to have an immediate impact. The state is doing a big study on coastal erosion. They are doing the bay. So far they have only offered some pretty general information. They haven't really given us anything specific to go on. I don't know if we would go against the DEC recommendations to shorten that. MR. EDLER: It is just an observation on the way it goes. We all have to pray for Gardiners Bay and Wexler's groins to decitigrate. TRUSTEE KRUPSKI: Any other comments. TRUSTEE GARRELL: I just wanted to make a comment on what happens if you have problems with the water table subsequent. I think in any project those are always a question that comes up. Clearly when you deal with nature and you deal with hydrological gradings it is always a crap shoot. There would be a burden of proof if anything happened. It would be question of whose engineer... TRUSTEE KRUPSKI: When would the dredging...Is this just a permit to do the dredging in the future? MR. MULHAL: This is just a permit to do it to enhance the sale of the property. MR. KRUPSKI: O.K. I think because of these concerns we can put a condition on the pe£mit that the material would have to be move out within 30 days. MR. MULHAL: It is our intention to comply to the regulations. To speculate on when it would be done...it will be done within the regulations. ROB HERMAN: We gave you that revised survey. You had asked for the, in the spoil area, current elevations so that you could make sure the spoil that was deposited, was removed and returned to the current elevation. That was done by Van Tuyl and you guys should have it. If you don't, I will forward a copy to you. TRUSTEE KRUPSKI: We would be putting a time constraint on moving the material out. That is all. ROB HERMAN: O.K. TRUSTEE KRUPSKI: Do you have the amended figure on the cubic yards? ROB HERMAN: I don't. Do you want me to figure it out before I leave tonight and give you a copy. TRUSTEE KRUPSKI: Yes, that will give us a better idea of how long the applicant is going to need. To give him a reasonable amount of time to move the material out. We don't want to say 30 days if that is not going to be possible. We don't want to say a week...we don't want to put him that position. Any other comment? Motion to close the hearing. TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE HOLZAPFEL: Can I make a motion to table the vote until we get the spoil number? BOARD OF TRUSTEES 5 MARCH 30, 1995 TRUSTEE KRUPSKI: Yes. TRUSTEE WENCZEL: That makes sense. TRUSTEE KRUPSKI: O.K. 7:45 p.m. - In the matter of En-Consultants Inc., on behalf of WILLIAM GALATI request 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#88-5-61.2 ts there anyone here who would like to speak in favor of the application? ROB HERMAN: Rob Herman, En-Consultants. This is pretty straight forward as per the assessment last month they are shortening the length of the groin and longing its elevation to basically allow more material to move down drift. That is consistent with the groins to the left. TRUSTEE KRUPSKI: Is there anyone else who would like to speak in favor of the application? Would anyone like to speak against the application? They have a DEC permit with the standard conditions. Does the Board have any comments? TRUSTEE GARRELL: Motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE GARRELL: Motion to approve. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: 7:46 p.m. in the matter of En-Consultants Inc., on behalf of MICHAEL KEELY requests a Wetland Permit to construct a 75+ 1.f. of timber retaining wall with (2) 8' returns. Approx. 50 c.y. of screened clean sand will be trucked in and used as backfill, and a 3' X 28' fixed catwalk, a 3' x 12' ramp and a 6' X 16' float to be secured by (2) 8' pilings and a 10' wide vegetated buffer zone (non-fertilizer dependent) as per amended survey dated 3/1/95. Located 580 Goose Creek Lane, Southold. Is there anyone here who would like to speak in favor of this application? ROB HERMAN: Rob Herman, En-Consultants. It really stands as we left last month. I spoke to Peter during the week as to whether there was any further input from soil conservation. That is where we left it. TRUSTEE WENCZEL: I have a few comments on that. TRUSTEE KRUPSKI: Lets wait. Is there anyone else in favor? Is there anyone against the application? MILDRED CULLEN: Mildred Cullen. I am co-owner of the ROW. I don't have a problem with the application, but I do have questions about the length. Your survey shows 28' TRUSTEE WENCZEL: Of the dock. MRS. CULLEN: Which brings it to 46' plus the width of whatever bulkhead he's got. I believe that puts it into the channel and at low tide you won't be able to get around because of the island. ROB HERMAN: I just want to point out the difference in the length from the 4' X 25' and the 4' X 28' is because the walk BOARD OF TRUSTEES 6 MARCH 30, 1995 extends to the bulkhead and the DEC requested that the bulkhead be brought further landward. So the actual addition of three feet is landward. TRUSTEE WENCZEL: If this dock was moved to the right side which would be the eastern side of the property away from that channel, away from that island, do you think that will help? MRS. CULLEN: I don't know. The adjacent neighbor on the other side has a dock that is only 30" out. They where perpendicular, the keely application is proposed horizontally. TRUSTEE KRUPSKI: They are from the bulkhead and they are how many feet from the bulkhead? TRUSTEE WENCZEL: The fixed walkway is 28, then there is a 12' ramp... TRUSTEE KRUPSKI: No, I mean the neighbor. MRS. CULLEN: There dock is 30' according the survey. They moor a 20' boat. Why does Keely need 46' or roughly 50' dock? ROB HERMAN: It extends 40' from high water. As purposed it will extend exactly 40' from high water. MRS. CULLEN: Which side of the dock? ROB HERMAN: All the way out to the seaward end-of the "T". MRS. CULLEN: Plus 4 or 6 feet with the boat. TRUSTEE KRUPSKI: That is right° ROB HERMAN: We can shift the float and make an "L". TRUSTEE KRUPSKI: Couldn't you move the structure, like Peter suggested. MRS. CULLEN: Well, you know my problem is that you have got a channel there, not very wide. You have an island there, we have a mooring out there and at low tide we have been told that we are too close to the channel. Now you are putting a 46' dock out. Which is going to restrict even more. I mean not. arguing with his right to put a dock. TRUSTEE KRUPSKI: No, your concerns are valid. TRUSTEE HOLZAPFEL: Rob, you where saying about an "L"? ROB HERMAN: What I was saying was, what it is it is a "T". If we shift it to the east and make an "L" with the "L" portion going to the east then he can dock his boat on the in land side of the float. That way the boat will not extend out any further than the dock. It will also be further to the east. TRUSTEE KRUPSKI: The problem is that I am not familiar, I looked at it, but I am not familiar with where the channel is. MR. CULLEN: I moor a 20' boat there. The channel goes like this. At dead low tide it is sitting on the shelf. If you move the dock to the east you are much better off.< TRUSTEE WENCZEL: When I originally went out and looked at this I spoke to Mr. Keely about the possibility of moving it to the east. Because that was a concern. My impression was that that would take care of it and if it was to the west that would be a problem. MRS. CULLEN: Are there any restriction as to the distance between docks? TRUSTEE KRUPSKI: The normally policy is that we like to keep the structure 15' off the property line. However, in all cases it is not always possible. In some cases like this it might even be practical not to conform to that, if the neighbor to the east BOARD OF TRUSTEES 7 MARCH 30, 1995 already has a dock in place. If we can move it say 3' from the property line in order to make more room for everyone. If everyone has their own space on the water, you are not going to worry about the neighbors putting a dock in afterwards. ROB HERMAN: We have to conform the 15' from all other agencies. So we can ask for exceptions and we then would have all sorts of conditions. If we can avoid that, it would be more pleasant. TRUSTEE KRUPSKI: That is a problem with the DEC. ROB HERMAN: Well, the Dept. of State especially. TRUSTEE WENCZEL: I think there is more water as you go to the east. ROB HERMAN: O.K. You say lop 10' off, make everyone happy. Then build a dock where... TRUSTEE WENCZEL: He may be able to do that. TRUSTEE KRUPSKI: Sure. When I inspected I didn't know where the channel was. I didn't see it being a problem. It might be better to take a look at it again with soundings further to the east. To see how far we can go. ROB HERMAN: I spoke to him about this and he definitely does not want to cause any problems. TRUSTEE HOLZAPFEL: Then why don't you back and take some soundings and we will separate the two. ROB HERMAN: I Just want to make sure that where we move it to is not create another problem. TRUSTEE GARRELL: Why don't you bring in the neighbors and have everybody discuss it and come out with a plain. TRUSTEE KRUPSKI: I don't think the neighbors to the east are going to have a problem. ROB HERMAN: Let me find out what the most we can do to change that and if you would just table that part of the application. TRUSTEE KRUPSKI: Just give us something in writing. TRUSTEE HOLZAPFEL: If you talk to the neighbors, you might resolve this thing by next month. TRUSTEE KRUPSKI: Is there anyone else who would like to speak. STEVE LATSON: I am just questioning the bulkhead. I don't understand why you are putting in another bulkhead. It is a more natural looking area.., not good for shellfishing. You are going to loose beach. If you want a retaining wall further up the beach and have a lot of natural vegetation. I think that would be a lot more conducive to the creek. TRUSTEE HOLZAPFEL: Steve, just a comment. In the past few months we have tried to do that. We have move this one back. It used to be 3 or 4' infront of where it is. We have moved it back. Eventhough it is not in the description, Rob has agreed to do an extensive planting with natural vegetation in front of that. There will be a natural beach front. Our hope is to prevent that from being a bulkhead, only being a retaining wall. (Everyone talking at once) TRUSTEE WENCZEL: I think we have to go with what the zoning code calls for (20' non-buffer). ROB HERMAN: I don't know if we would have enough room to plant high marsh vegetation. I need to now how many feet we need to move the wall back to plant it properly. BOARD OF TRUSTEES 8 MARCH 30, 1995 TRUSTEE KRUPSKI: It seems to me that there is enough elevation there. TRUSTEE WENCZEL: When we gave this a negative dec. I was under the impression that it was under the condition that we further compromise on this. I think the board is willing to compromise on this and grant a retaining wall provided that you give us a little more planting here and come back a little more. It think that is the bottom line. Correct me if I am wrong. TRUSTEE HOLZAPFEL: I think that is the feeling of everybody. The planting that Allan sent along does talk about beach grass at the highest elevation... That is in the plan. ROB HERMAN: I didn't think he came up with a specific plan like that. TRUSTEE WENCZEL: He came up with a publication that will guide you in developing a plan like that. That was his recommendation to develope plan with those plantings in it. ROB HERMAN: Are you telling me that you want us to go find out how far we need to move back and then come back next month? TRUSTEE KRUPSKI: No, I would like to meet with you in the field and make a decision in the field based on everything we discussed so far. I think there is a common here. I am not clear on the grade here. A motion to recess the public hearing in order to meet with everyone in the field. TRUSTEE GARRELL: So moved. TRUSTEE WENCZEL: Second. ALL AYES. 8:21 p.m. In the matter of En-Consultants Inc., on behalf of CHRIST STRATAKIS requests a Wetland & coast Erosion 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. 33-4-5 Is there anyone here who would like to speak in favor of this application? ROB HERMAN: Very briefly. We would like it approved. TRUSTEE KRUPSKI: Is there anyone against the application? Does the board have any questions on this. TRUSTEE HOLZAPFEL: I looked at it. I don't have a problem with it. TRUSTEE KRUPSKI: Do I have a motion to clo~e the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEE WENCZEL: Second. ALL AYES. TRUSTEE KRUPSKI: The CAC recommends approval with conditions of that the disturb soil filled behind the seawall be re-vegetated and the steps be 4' above the slope. TRUSTEE GARRELL: So moved. TRUSTEE WENCZEL: Second. ALL AYES. 8:24 p.m. - In the matter of J.M.O. Consulting on behalf of PETER MICCICHE requests a Wetland Permit to reconstruct within 18" 147' of timber bulkhead and to back fill structure with approx. 30 c.y. of clean sand which shall be trucked in from upland 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 BOARD OF TRUSTEES 9 MARCH 30, 1995 78-6-4.1. Is there anyone here who would like to speak in favor of this application? GLENN JUST: I am here on behalf of Mr. Micciche~ if there any questions from the board. TRUSTEE KRUPSKI: Is there anyone here who would like to speak against this application? Does the board have any questions for Mr. Just? TRUSTEE HOLZAPFEL: The only comment I had was a vegetative buffer along the side that goes right of the buffer. Make sure he follows the Town Code. Non-turf buffer. MR. JUST: As long as it is something that doesn't require fertilizer? TRUSTEE HOLZAPFEL: Right. I make a motion that we close the hearing. TRUSTEE ALBERTSON: So moved. ALL AYES. TRUSTEE HOLZAPFEL: I make a motion that we approve with a 20' non-fertilized dependent, non-turf buffer. TRUSTEE ALBERTSON: Second. ALL AYES° TRUSTEE KRUPSKI: 8:25 p.m. - In the matter of 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 then 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' -6' layer of soil shall be placed on'top of liner. In restoring'pond, approx. 17,000 c.y. of soil shall be removed to create depths of 1 1/2' - 12'. 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. 134-3-5. Is there anyone here who would like to speak in favor of the application? MR. JUST: I am here if you have any questions. TRUSTEE KRUPSKI: Is there anyone against this application? Board members? Who was present at the inspection? TRUSTEE WENCZEL: I was. TRUSTEE HOLZAPFEL: Peter and I was. Can you amend that to say 12'? MR. JUST: I will put it on the regard right now that it will be a maximum depth of 12' TRUSTEE KRUPSKI: With the associated amount of soil to be removed. MR. JUST: Yes. TRUSTEE KRUPSKI: So we are all set on this? TRUSTEES: Yes. BOARD OF TRUSTEES 10 MARCH 30, 1995 TRUSTEE KRUPSKI: A motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE HOLZAPFEL: Second° ALL AYES. TRUSTEE KRUPSKI: We and the CAC would like to see this. TRUSTEE HOLZAPFEL: A motion to approve application for Louis Bacon in regards to restoring the south pond. The deepest part of the pond will be no more then 12' deep and the resulting spoil will be dependent upon that. TRUSTEE ALBERTSON: Second. ALL AYES. 8:37 p.m. - In the matter of Proper-T Services on behalf of RICHARD PRIETO requests a Wetland Permit to replace existing dock by constructing a 3' X 39' fixed walkway, with a 3' X 6' platforms and steps to beach, a 3' X 16' hinged ramp and a 6' X 20' floating dock and 2 single piles and one 2-pile dolphin to secure floating dock, and 1-single pile as a storm pole. Located 2750 Minnehaha Blvd., Southold. SCTM 87-3-44 Is there anyone here who wishes to speak on behalf of this application? MR. FITZGERALD: I am here if there are any questions. TRUSTEE WENCZEL: Can you tell us what the depth of water is at the float on this project? MR. FITZGERALD: 2' 8". TRUSTEE WENCZEL: It is my impression that there is a sand bar or a real shoal area between where the float is and the... MR. FITZGERALD: Yes. TRUSTEE WENCZEL: It was frozen over when we where there. It is shallow between the shore and the float. The area where the fixed walkway is. MR. FITZGERALD: At low water it is dry. TRUSTEE WENCZEL: That is my point. That is the only question I have. TRUSTEE KRUPSKI: A motion to close the hearing. TRUSTEE WENCZEL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE WENCZEL: I will make a motion to approve the application of RICHARD PRIETO to construct the above. TRUSTEE GARRELL: Second. ALL AYES. 8:42 p.m. In the matter of JOSEPH IAVARONE requests a Wetland Permit to rebuild and extend an existing bulkhead out 18" with a 4 1/2' return, plus add on a 4' X 40' catwalk with a 2 1/2' X 12' ramp leading to a 10' X 20' float. Located 405 Wood Lane, Peconic. 86-6-4. Is there anyone here who would like to speak in favor of this application? Is there anyone here who wants to speak against this application? TRUSTEE WENCZEL: This is another one where there is very little depth of water between where they are proposing to put the float and the beach. I think the only other comment is to lower the catwalk. TRUSTEE KRUPSKI: The CAC recommend approval that it has returns on both sides, have an engineer on the proper reinforcement so it does not fail again. Maintain a buffer behind the bulkhead. The Council approves the dock as submitted. I would suggest that BOARD OF TRUSTEES 11 MARCH 30, 1995 we make the catwalk the standard 3' in width and make the float 6' wide. 10' seems like. o. TRUSTEE WENCZEL: Don't we want to put a condition of 4' above grade for this. TRUSTEE KRUPSKI: If you look at this picture of the neighbor, I understand what you are saying, it is like a monument. It comes up and just stays there. His bulkhead is of a lower profile. TRUSTEE WENCZEL: It is still going to be way in the air. TRUSTEE KRUPSKI: There must be 4' difference. I still think that we should stipulate a 4' grade. That might require the steps going down to it. That is perfectly fine. Or he can angle it. TRUSTEE KRUPSKI: Any further comment? TRUSTEE ALBERTSON: I make a motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I make a motion that we approve the application of JOSEPH IAVARONE with the exception that it will now be a 3' X 40' catwalk and a 6' X 204 float. The catwalk will be 4' above grade which will require coming down from the bulkhead. That there be a 20" non-turfed, non-fertilizer dependent buffer. TRUSTEE WENCZEL: Second. ALL AYES. TRUSTEE KRUPSKI: Pg. 2 AQUA FOODS. The information that it will approx. 3000'. Do I have a motion to close the public hearing. TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE KRUPSKI: I make a motion to approve the application based on the amended information we received. There will be a shortening of the eastern bulkhead, there will be change in the depth of the dredging to 7' maximum and that there will be associated post dredge soundings submitted to the Board, taken by the Bay Constable. The applicant Will be responsible in contacting the Constable after the dredging is completed so he can do the soundings. Approx. 3000 c.y. of spoil resulting from the project. The applicant will be 60 days to remove the spoil from the site and regrade to the existing elevation as submitted in the file. To an upland site of their choice. TRUSTEE HOLZAPFEL: Second. ALL AYES. 8:50 p.m. In the matter of ELLEN R. LEVY requests a Coastal Erosion Permit to construct stairs down bluff to beach, 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 leading to beach. Located Private Road, (Demerest Rd.) north of Main Road, opposite Narrow River Road, Orient. #13-2-7.9. Is there anyone here who would like to comment on this application either in favor or against? TRUSTEE HOLZAPFEL: I looked at it and there is no problem at all. TRUSTEE KRUPSKI: What about the platform on the top. TRUSTEE HOLZAPFEL: I think that it is on the land. It is just a platform to start off with. TRUSTEE KRUPSKI: It is more like a walkway then a platform.- TRUSTEE ALBERTSON: Motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. BOARD OF TRUSTEES 12 MARCH 30, 1995 TRUSTEE HOLZAPFEL: I will make a motion that we approve the application by Ellen Levy. TRUSTEE ALBERTSON: Second. ALL AYES. 8:52 p.m. - In the matter of DAVID AIR requests a Wetland Permit to renovate existing 1st floor west facing covered porch, renovated existing 2nd floor residence with addition and roof deck over 1st floor west facing covered porch. Located 2072 Village Lane, Orient. #24-2-27° Is there anyone here who would like to speak either in favor or against this application? STEPHEN ANGEL: The CAC recommends that the plan be approved but request that the Trustees find out about the sanitary system on site. If it is substandard, if it should upgraded.. TRUSTEE KRUPSKI: Thanks, good point. TRUSTEE HOLZAPFEL: I looked at it. I have no problem. That is a good point. TRUSTEE KRUPSKI: A motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I will make a motion to approve the application and the the septic system has to be up to standards of the Health Dept. TRUSTEE WENCZEL: Second. ALL AYES. TRUSTEE KRUPSKI: 8:55 p.m. In the matter of FRANK ZIMMER requests a Wetland Permit to clear a 4' wide path. Located Main Road, Orient, across from Rose's Airport. #19-1-18.2 & 20-3-1.2. Mr. Zimmer request to hold public hearing open because he can not make it. Is there anyone here who would like to make a comment on this. TRUSTEE WENCZEL: I will hold my comments until next time around. TRUSTEE KRUPSKI: I will make a motion to recess the public hearing. TRUSTEE ALBERTSON: Second. ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. Peconic Associates on behalf of NARROW RIVER MARINA requests a Wetland Permit to reinstall Coast Guard approved channel markers in accordance with current Coast Guard Permit, previous Corps of Engineers Permit and Southold Town Permit. Located Narrow River Road, Orient. SCTM #27-2-4. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE ALBERTSON to grant a negative declaration. AYES: GARRELL, ALBERTSON, HOLZAPFEL, KRUPSKI. NAY: WENCZEL. 2. Proper-T Services on behalf of MICHAEL SLADE requests a Wetland Permit to construct approx. 135' of new bulkhead joining two existing bulkhead structures, excavate and dredge small area adjacent to new bulkhead using spoil to backfill bulkhead. Located 1435 West Road, Cutchogue. SCTM #110-7-26. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE ALBERTSON to grant a negative declaration. ALL AYES. BOARD OF TRUSTEES 13 MARCH 30, 1995 3. En-Consultants on behalf of SALLY HAEFFNER requests a Wetland Permit to construct a one family dwelling, sanitary system, well, bluestone driveway, (or other similar pervious), underground utilities & approx. 175 c.y. of clean fill will be trucked in from upland source. Located 1950 Clearview Ave., $outhold. SCTM 70-10-26. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE GARRELL to grant a negative declaration~ ALL AYES. 4. J.M.O. Consulting on behalf of WILLIAM PYMM requests a Wetland Permit to reconstruct inkind/inplace a 150' timber groin and to reconstruct a 50' timber groin in the same location where one had previously existed, but is now non-functional. Located ROW off Reeve Ave., Mattituck. 122-9-7.9o A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE -WENCZEL to table any motion on this application as there are questions with regard to the groin. 5. Land Use Co., on behalf of ROBERT MELCHIONE requests a Wetland Permit to enlarge living area of two story dwelling by constructing a framed addition that will extend the length and width of house, and reconstruct approx. 80 1.f. of existing timber retaining wall. Located Oak Ave., Southold. $CTM 77-1-8. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to grant a negative declaration to enlarge living area of two story dwelling by constructing a framed addition that well extend the length and width of the house. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to table reconstruction of approx. 80 1.f. of existing timber retaining wall for further proof of original construction. ALL AYES. 6. JOHN H. MULHOLLAND & MICHAEL P. BONTJE request a Wetland Permit to maintenance dredge 400 yards to 3' below MLW on Mulholland & Bontje parcels (privately owned bottom), remove 200 yards each for 400 yards total, dispose on Mulholland parcel above mean spring high water, (existing landscaped lawn area), add and restore a 3' X 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland property. Located 725 & 802 Island View Lane, Greenport. SCTM 57-2-23 & 24. After discussion a motion was made by TRUSTEE GARRELL and seconded by TRUSTEE HOLZAPFEL to grant a negative declaration. ALL AYES. 7. Costello Marine Contracting on behalf of ROBERT DIETRICH requests an emergency Storm Damage Permit to install 5 batter piles, extend easterly return 12' landward and place 10 c.y. of clean fill, all in accordance with NYSDEC approved plan dated 2/6/95. Located 55755 County Road 48, Southold. SCTM 44-1-15 8. Costello Marine Contracting on behalf of ROSINA CUNNINGHAM requests an Emergency Storm Damage Permit to fill and refrigerate bluff to restore damage by storm of 12/24/94, as per BOARD OF TRUSTEES 14 MARCH 30, 1995 DEC specifications. Located 55105 County Road 48, Southold. SCTM 44-1-7 9. DONALD CAVALUZZI requests an Emergency Storm Damage Permit to construct 60 1.f. of timber bulkhead with 2 12' returns & place approx. 100 c.y. of clean fill, all in accordance with NYSDEC plans dated 1/5/95. Located 55355 County Road 48, Southold. SCTM 44-1-10. 10. JOHN GOUVEIA requests an Emergency Storm'Damage Permit to reconstruct in same location 43 1.f. of existing functional bulkhead and extend western return to 10', construct 7 1.f. of bulkhead with 10' return on eastern end, and place 100 c.¥.. of clean backfill, all in accordance with NYSDEC approved plan dated 1/3/95. Located 55404 County Road 48, Southold. SCTM-44-1-11. 11. Craig Richter on behalf of LAZAROS LASKOS requests an emergency Storm Damage Permit to temporarily relocate existing single family dwelling to east to provide new pile structure. Upon completion, relocate dwelling back to original location~ construct 45 1.fo of bulkhead with approx. 8' angled armored return on west side, construct approx. 45' return along west line and place approx. 162 c.¥. of fill, remaining concrete foundation to be broken up and placed under final house location, relocate septic system, all work in accordance with NYSDEC approved plans dated 2/10/95. Located 55915 County Road 48, Southold. SCTM 44-1-17. 12. HIRANT CANDAN request an Emergency Storm Damage Permit to remove & replace in same location 68 1.f. of existing functional bulkhead and place 25 c.y. of backfill, construct 52' of new bulkhead appurtenant to existing structure, all as per NYSDEC approved plan dated 2/30/94. Located 55955 County Road 48, Southold. SCTM 44-1-18. 13. JOSEPH F. CITARDI requests an Emergency Storm Damage Permit to construct 93 1.f. of bulkhead with (2) 16' returns, construct rock toe armor with a min. of one ton rock, create a sand dune over rock armor, all in accordance with NYSDEC approved plan dated 3/6/95. Located 56225 County Road 48, Southold. SCTM 44-1-22. 14. Robert Bohn Contracting on behalf of MRS. ALPHONSE ATWAN requests an Emergency Storm Damage Permit to reconstruct 6 footings, fireplace, skirting & stairs. Located County Road 48, Southold. SCTM 44-1-20. After review of each file (numbers 7 thru 14 above) a motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to grant negative declarations for each file. ALL AYES. VI. RESOLUTIONS: BOARD OF TRUSTEES 15 MARCH 30~ 1995 1. Board to set Public Hearings for the April 27, 1995 regular meeting for those applications that have received negative declarations and the following applications which are Type II actions. a. WILLIAM PISARELLI requests a Wetland Permit to construct a 3' X 20' catwalk and detached pile with pulley system. Located vacant lot south of Sterling Road, Mudd Creek, Cutchogue. 138-2-26. b. Ural Talgat on behalf of ARTO KHRIMIAN requests a Wetland Permit to include renovations to existing greenhouse structure, and encompass the wood frame building and greenhouse structure under one new roof. Located 58365 County Road 48, Greenport. 44-2-13. c. En-Consultants on behalf of ROBERT AND PHYLLIS MALLGRAF request to remove and replace 75 1.f. of existing bulkhead. Bulkhead will attach to and be same height as new bulkhead to east. Backfill with 15 c.¥. of clean fill to be trucked in from upland source. If necessary a 10' return will be built on west side if proposed wall of Keely is not constructed shortly. Repair an existing 9' X 12' deck by replacing decking, railing, etc. as needed. Remove existing deteriorated 3' X 32' fixed pier and replace with 3' X 25' fixed section (4' above grade); 3' X 12' hinged ramp; 6' X 16' float secured by (2) pilings. Located 500 Goose Creek Lane, Southold. SCTM 79-1-4. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to set the above for public hearings. ALL AYES. 2. J.M.O. Consulting on behalf of LORETTA HINDERLING requests a grandfather Permit to reconstruct inkind/inplace 91' of timber bulkhead and (2) 8' returns and to backfill structure with approx. 25 c.y. of clean sand which shall be trucked in from an upland source. Located 1325 Smith Drive, North, Southold. SCTM 76-2-2.5. A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTEE HOLZAPFEL to approve the above grandfather permit. 3. JOSEPH MASCIA requests a grandfather permit for an existing 3' X 6' catwalk, a 5' X 11' dock and reinstall a 3' X 14' ramp and 2 floats each 6' X 20' that were previously used at this site. Located 1600 Deep hole Drive, Mattituck. SCTM #115-12-22. After discussion a motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE GARRELL to TABLE this application as the dock as applied for is to big and to close to the property line. ALL AYES. TRUSTEE GARRELL will contact applicant with the changes. 15' of property line 3' wide catwalk, ramp and one float. 4. William Mann on behalf of CHARLES BOCKLET requests a Grandfather Permit for a 12'8" wide X 80' long access dirt roadway with cement stairs 60" high X 12'8" wide x 48" long. BOARD OF TRUSTEES 16 MARCH 30, 1995 Repair inkind/inplace cement stairs and construct retaining wall on both sides of roadway. Located Robinson Lane, Peconic. SCTM 98-5-2,3 & 4. After reading 3 testimonies from people in the area stating that the above preexisted a motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE GARRELL to approve the above Grandfather Permit. ALL AYES. 5. DAVID S. CORWIN requests a Grandfather Permit for a 10' X 16' wooden shed and to reinstall it on 6 timber piles that was washed from under shed during 12/24/94 storm. Located County Road 48, Southold. SCTM #44-1-16. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to approve the above Grandfather Permit. ALL AYES. 6. $OUTHOLD PARK DISTRICT request Grandfather Permit at Founders Landing for in-kind, in-place replacement of 200' seaward end of a 250' timber jetty. Also request amendment to this permit to place approx. 1,500 c.y. of sand fill on the existing beach above mean high water. Fill source is from the existing Southold Town stock pile created from the Richmond Creek dredging. Located Hobart Road, $outhold. SCTM #65-1-19.1. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE ALBERTSON to approve the above Grandfather Permit. ALL AYES. 7. Garrett A. Strang on behalf of PORT OF EGYPT requests a permit to construct a new accessory swimming pool, terrace and decks. Alteration of existing building for cabana use. Installation of sub-surface sanitary system for cabana and drywells for swimming pool filter waste water, construction of access sidewalks. Located South side of Main Road, 1,483' east of Bay Home Road. SCTM 56-6-4 & 6.1. After receipt of a negative declaration~from the Planning Board and a negative declaration of the Trustees a motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to approve the above wetland application. ALL AYES. VII. MOORINGS: 1. ROBERT BANNON requests a mooring in Jockey Creek for a 20' inboard/outboard with a 100 lb. mushroom. ACCESS: Private. Bay Constable McCarthy approved provided he moored away from channel. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to approve as above. ALL AYES. 2. WILLIAM & CYNTHIA MANN request a mooring in Richmond Creek for a mooring in Richmond Creek for a 20' outboard with a 115 lb. mushroom with chain. ACCESS: Parker's Landing. Bay Constable McCarthy recommended mooring left of Parkers Landing(looking out towards water). A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to approve as above. ALL AYES. Meeting was adjourned at 11:30. o - BOARD OF TRUSTEES 17 MARCH 30, 1995 ,e.~pectfully submitted, RECEIVED AND FILED BY Ti~2 SOUTIriOLD TOWN C- .Pgl DATE~,~ ~¢~' ~0~ To~~~t~