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HomeMy WebLinkAboutTR-10/26/1995Albert J. Krupski, President John Holzapfel, Vice President William~ d3,.~. ~,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 OCTOBER 26, 1995 CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Tue. Nov. 21, 1995 Noon TRUSTEE HOLZAPFEL moved to approve, TRUSTEE ALBERTSON seconded. ALL AYES NEXT TRUSTEE BOARD MEETING: Thurs. Nov, 30, 1995 at 7 p.m. TRUSTEE ALBERTSON moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES APPROVED MINUTES: Approved minutes of September 28, 1995 at Regular Meeting. TRUSTEE WENCZEL moved to approve, TRUSTEE ALBERTSON seconded. ALL AYES I. MONTHLYREPORT: The Trustees monthly report for September 1995: A check for $4,671.86 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES:. Public NotiCes are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS~WAiVERS / CHANGES: 1. Land Use on behalf of~GEP~J~LD R%VPP requests an ~n~nt to Permmt $4502:~o install 40 Triton Marine Mattresses along 170+/-' of contiguous shoreline. LoCated: SoUndview Ave., 500' east of Mount Beulah Ave., Southold. SCTM %51-1-20 TRUSTEE HOLZAPFEL moved to approve the Amendment to Permit %4502 for proper~y $51-1-20 only and must come in with an application for adjoining property, TRUSTEE GARRELL seconded. ALL AYES 2. LEWIS PIECERR requests an Amemdment'tc:Permit $4370 to add a 10' X 16' deck and a 3' X 6' storage shed to the existing house. Located: 2200 North Oakwood Road, Laurel. SCTM $127-6-3 TRUSTEE HOLZAPFEL moved to approve the Amendment to Permit ~4370 with condition they provide a non-turf non-fertilized buffer, TRUSTEE WENCZEL seconded. ALL AYES 3. Costello Marine Contracting on behalf of LOUIS ~. BACON requests an Amendment to Permit ~4365 to rectify the problems of landing and securing the seaplane by replacing the existing 6' X 30' "L" float with a 15' X 30' "L" which would provide greater stability and more walkable space for safe loading and unloading and provide enough width for the seaplane to maneuver around the south end of the float. Applicant also wishes to rectify the problem of passengers entering and exiting the floating dock by installing two 6' X 20' floats which will be attached perpendicular on the south side of the four existing floats, which will enable passengers to safely exit from the sides of the boats instead of stern or bow. Located: Robin's Island. SCTM ~134-3-5 TRUSTEE KRUPSKt moved to approve the Amendment to Permit 94365, TRUSTEE ~OLZAPFEL seconded. ALL AYES 4. Charles Thorp on behalf of GORDON SCHLAEFER requests a Waiver to construct a 20' X 20' deck onto an existing house. Located: Knoll Circle, East Marion. SCTM 937-5-20 TRUSTEE ALBERTSON moved to approve with condition they place dry wells to prevent run-off, TRUSTEE HOLZAPFEL seconded. ALL AYES 5-la proper-T Services on behalf of JO~N KRAMER requasts a ~W 'v~r to construct a two-level wooden stoop attached to single family residence over existing masonry stoop. Upper level 10' X 12' and lower level 8' X 15'8". Located: 2055 Calves Neck Road, Southold. SCTM ~70-4-45.3 TRUSTRR WENCZEL moved to approve the Waiver, TRUSTEE ~OLZAPFRL seconded. ALL AYES 6. RONALD&i~I~NESMIT~' requests a. Waiver to install a 15' in diameter a~ove ground swimming pool with deck to be partially set below grade (18"). Located: 6320 Main Bayview Road, Southotd. SCTM ~78'5-7 TRUSTEE WENCZEL moved to approve the Waiver provided they show on their plans they install dry wells and backwash for pool and that the spoil is not placed on Trustee jurisdiction, TRUSTEE ~OLZAPFEL seconded. ALL AYES 7. replace five concrete piers as ~omplete the around the perimeter of structure of house. Located: 1615 Fleetwood Road, Cutchogue. SCT~ 137-4-35 TRUSTEE KRLrPSKI approves the Waiver provided he places all fill outside our ~urisdiction, that he place hay bales at the top of the bluff and he come in in Dec. to re-vegetate and provide a planting plan, TRUSTEE HOLZAPFEL seconded. ALL AYES 8. Akscin's Nursery on behalf of JO~N KIRC~NER requests a waiver to refurbish lawn area and construct one stone step. ~aybales will be placed at lawn's edge to prevent any run-off into the creek, and approx. 5 yards of top soil will be utilized to refurbish the exist, lawn. Located: 1050 Bayberry Road, Nassau Point~ Cutchogue. SCTM ~118-2-8 TRUSTEE KRUPSKI moved to approve the Waiver, TRUSTEE HOLZAPFEL seconded. ALL AYES 9. En-Consultants Inc., on behalf of CLF2%VES POINT VILLAGE requests [6 to P~rmit 94224 to modify an existing a fixed pier of 6~ X 245' with a 6' X 110' outer "T". Both fixed sections will have 20' section of wave baffles on alternate sides with 10~ spacing, the outer "T~ will have (2) 4' X 30' fixed finger docks ~ith (2) pilings between, a 4' X 14' hinged ramp will extend off the mid-section of the main fixed pier and rest upon a 6' X 100' series of floats, on north side of this main float will be (4~ 3' X 25' fixed floats with (3) mooring pilings, and on the south side of the main float will be (4) 3' X 30' finger float~ with (3) mooring pilings, as per plans dated July 1, 1994. Located: 2820 Shipyard Lane, East Marion. SCTM ~38-7-4.2 & 8 and 38-2-1.45 TRUSTEE ~OLZAPFEL moved to approve the one-year extension from August and based on all floats and lines will be removed from fixed pilings by the 1st Monday on Oct, TRUSTEE ALBERTSON seconded. TEUSTEEWENCZEL: Nay. TRUSTEE ALBERTSON moved to go off' the regular meeting, TRUSTEE HOLZAPFEL seconded. ALL AYES IV. PUBLIC gEARINGS: THIS IS A PUBLIC HEARING IN T~E MATTER OF ~ FOLLOWING APPLICATIONS FOR PERMITS UNDER TKEiWETLANDS ORDINANCE OFT HE TOWN OF SOUT~OLD. I HAVE AN AFFIDAVIT OF PUBLICATION FRO~THE SUFFOLK TIMES. PERTINENT CO~/~ESPONDE~CE MAY BE READ PRIOR TO ASKING FOR CO~IENTS FRO~TKE PuBLI~. PLEASE KEEP YOUR COFfee,TS ORGANIZED AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE 7:40 p.m. - In the~matter of J.M.O. Consulting on behalf of construct 100' of ar~to 20~+/- c.y. of sand which shall be trucked in f~om an upland source, shall be constructed in line with similar structures which exist on adjoining properties. Located: 65 Sound View' Ave., Mattituck. SCT~99-3L2 TRUSTEE KRUPSKI: I have a note here which says we have no updated survey and the Board inspected in September. The survey that I have is .... Well before I get into this, is there anyone here who would like to speak either in favor or against this application? CAC recommends approval with conditions that the apptican~ control run-off by constructing a berm at the top of the bluff and planting with salt tolerant vegetation. So %he applicant is just tieing in between two existing bulkheads. ~owever, we do not have a survey on file. The survey that was submitted to us is a 1970 copy of a survey, tt shows the top of the bank. I think what we need is a survey showing what exists now including ..... I mean we could get two points accurately on the survey because of the neighbors bulk/head ...... we'll know exactly where the new bulkhead is gonna go. ge can connect those two and that's where the bulkt~ead will be. TRUSTEE ~OLZAPFEL: Can we approve it... TRUSTEE KRU~SKI: We can give it a conditional approval based on a survey showing that. A 1970 survey didn't show the neighbors. At least this way we're gonna get a bulkhead tine on a survey. Any other TRUSTEE AL~ERTSON: I'll make a motion we close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion we approve the application with a condition that we receive an accurate survey showing the two points of ~the property where the bulkhead shall connect to and showing a planting and regrading plan to eliminate water run-off going over the top of the bluff and ruining the face of the bluff approved byNatural Resources Conservation. TRUSTEE ALBERTSON: Second. ALL AYES 7:45 p~m. - In the matter of J.M.O. Consulting on behalf of DR. E~ii~i~ ~0OMIS~JR. requests a We~land~ermit~to construct approx. 101' of timber bulkheading, a 20' return and to backfill structure with approx. 20 c.y. of clean sand which will be trucked in from an upland source. Located: Private Road, Greenport. SCTM ~49-1-t8 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf or against this application? We all took a look at this one. TRUSTEE WENCZ~L: The only comment I have is this should be planted in'frbnt of the bulkhead to continue the vegetation that was to the west. TRUSTEE KRUPSKI: CAC recommends disapproval because t~e house is not' in danger and the enclosed plan is not necessary to stabil~izethe bluff so the Counci~ recommends the applicant use a soft approach. The applicant should re-grade and plant with native vegetatiOnand maintain a non-turf non-fertilized 20' buffer landward Of the current bluff to prevent run-off and erosion On the site. Contact the Natural Resource Conservation Service for a planting plan. Any other comment? TRUSTEE ALBERTSON: ~ove to close the hearing° TRUSTEE GARRELL: Second. ALL AYES TRUSTEE HOLZAPFEL: I'll make a motion that we approve the application with the condition that we receive an updated survey showing the existing bulkhead on the west side and that there be a 20' limit of non-turf non-fertilized buffer and that he have a ptantin~ plan seaward of the retaining wall. TRUSTEE WENCZEL: Second. ALL AYES 7:50~p.m. - In the matter of En-Consultants on behalf of ~R~ND jAMES ~ reqUests a Wet~and~Permit to construct a 4' X 50' timber fixed dock, (min. 4' above grade of marsh) a 4' X 12~ hinged ramp and a 6' X 16' float secured by 2- 8" in diameter pilings. (NOTE: Applicant wishes to Amend the application to allow for the proposed dock to be arranged in a linear formation rather than a "T" formation). TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of Rev. Barr? DIANE LE VERRIER: I spoke with Jill this afternoon in reference to the Amendment and she mentioned there might be Problem with the linear formation extending further out into the creek so she reco~m~nded an "L" formation. The reason why Rev. Barr wants the linear formation after evaluating it, he was worried that if he docks his boat and if anybody came over to visit they would be able to dock their boat as well. In order to be able to dock his boat as well as visitors boats we thought about he linear formation but then we realized the "L" formation is illegal as far as extending it out. TRUSTEE HOLZAPFEL: Do we have a diagram on that? TRUSTEE KRUPSKI: We had a problem with that in the field. We had a problem with location. We had a big problem with Rev. Barr mowing the spartina patents. REV. BARR: Originally it was sand going down there and I mowed it this other grass has taken hold now so I'll back off. TRUSTEE KRUPSKI: Please do, because of that elevation, it's really valuable there. And that will protect you too in a storm. We were confused on this one. We had a few different surveys and d~awings showing ...... TRUSTEE HOLZA~FEL: Is the little dock that is presently there on your property? REV. BARR: On my neighbors. TRUSTEE HOLZARFEL: So there is no dock on your property? REV. BARR: No. DIANE: No we want to build a dock. TRUSTEE KRUPSKI: OK, because that is what was so confusing. On the survey from 1977 shows a little dock, which really looks like the little dock on the next door property and yet there is no dock there. REV. BARR: There was a renter back at that time, and I was out of state, and may have put a little dock there and a hurricane may have washed it away. TRUSTEE KRUPSKI: That's what confused us because we weren't sure, because it showed on the survey and then it showed on the diagram s~bmitted but we couldn't find it in the field. But there wasone almost identical to that on the neighbors side just the feet over. TRUSTEE WENCZEL: We haven't seen the configuration of the dock and I think we had a problem with the length of the dock. DIANE: I haven't submitted drawings as far as the '~L" shape, I have submitted new drawings with the linear formation. TRUSTEE HOLZAPF~L: What are the numbers you have now on the dock? DIA~E: All we would be doing is we would be taking the 6' X 16' float and putting in the direction of (indicating on the survey the opposite side), so it would still be 20' from the property line and that would bring it in shorter. If you have no problem ~ith it being linear we could just leave it as it is. TRUSTEE WENCZEL: ~ow far does this extend beyond the edge of the spartina? Didn't we restrict the neighbor ..... DIANE: About 35' MR. ANGELL: If you put the float to the long end of the raft, you'll get deeper water and you won't be hanging a boat up on the bottom. It's shallower. TRUSTEE WENCZEL: We discussed to length of the dock to the west. What's the name of that? ~R. FITZGERALD: Millman. TRuSTEE WENCZEL: My notes here says we discussed a 3' X walkway. MR. FITZGERALD: No, that was Millman. TRUSTEE ~OLZAPFEL: We matched that up to the one next to it. TRUSTEE WENCZEL: So if we're talking about a 35' catwalk on it's about the same thing. That was the total length. KRUPSKI: No this is 50'. Do you have any other 2ions? What have you decided on here? KRUPSKI: Peter is still looking at ito TRUSTEE WENCZEL: No, I think we ought to cut it back. The o~her dock was way too long and there's no reason for these dQcks to be that long. TRU~TEEKRuPsKt: I don't think these docks approach the length of the other dock. DI~: We also have to make sure we have enough water. TRUSTEE GARRELL: Would you rather turn the dock into an "L" again, Peter? TRUSTEE WENCZEL: That would be better. TRUSTEE KRUPSKI: It would save 10'. DIANE: If we put it in an "L" shape then you want to move it f~rther east and allow the "L" to run west? TRUSTEE KRUPSKI: Right. TRUSTEE GARRETS: IS there any reason why you need the 4' in width on the dockhand ramp? DIANE: We already sent in a letter from his Dr. TRUSTEE KRUPSKI: We had a problem with that. Actually our whole idea here is provide access and we've been granting' permits for docks 3' as a standard Widlth. And actually the note from Dr. Slotkin'saidthat sometime in the future you may require a wider dock. But at the time you don't. REV. BARR: I will be 75 and hope to use this dock for a few years. TRUSTEE HOLZAPFEL: The Dr. was very careful in the way he phrased the letter. But it was, at sc~e point in the future, he "might need the dock". And that isn't .... DIANE: Would you like it to be more specific that cu~renkl¥ he does need the dock? TRUSTEE HOLZAPFEL: That's the way we've done it in the past. If there's a medical need then it's no problem. This isn't a need, it's a future. TRUSTEE KRUPSKI: Have you applied to the DEC yet? DIANE: Yes. TRUSTEE KRUPSKI: Do we have any other discussion on this? TRUSTEE ALBERTSON: Move to close the hearing. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE GARRELL: I move to approve the application to show the dock in an "L" shape on the west side and based on Dr. note. TRUSTEE ALBERTSON: Second. ~LL AYES *:10 p.m. - In the matter of Suffolk Environmental Consulting on behalf of MARY I. BURNS.requests a Wetland Permit to construct 130 +/-' of revetment rip rap utilizing 100-150 lb. quarry stone installed to grade in accordance with the survey' prepared by Joseph Ingegno dated August 8, 1994. Applicant proposes to plant beach grass one foot on center between the seward tow of the proposed revetment rip rap and the landward edge of tidal wetlands. Located: 853' east of Oaklawn Ave.~ SoUthold. SCTM $70-4-10 TRUSTEE KRUPSKI: Is there anyone here who would liketo speak on behalf of this application? Would anyone like to speak against this application? Does the Board have any comment? TRUSTEE WENCZEL: It's actually a well designed plan and environmentally compatible. TRUSTEE KRUPSKI: CAC recommends approval. Any other co~fm,ent? TRUSTEE GARRELL: Move to close. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE GkRRELL: Move to approve. TRUSTEE ALBERTSON: Second. ALL AYES 8:12 p.m. In the matter of DANIEL MOONEY requests a Wetland construct a foundation, septic system, well and move across the street onto foundation. Located: Rabbit Lane~ off Bay Ave., East Marion. SCTM $31-17-11 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of this application? Is there anyone here against this application? I've been retained by Mr. Devlin in the to the permit request of Mr. Mooney. I've.also spoken to other members of Rabbit Lane who have not yet retained me but who have perso~aily voiced their objection to the plan put forth by Mr, Mooney. The first has to do with the practical aspects of the plan.. On first seeing that when reviewing the plan on moving the house across Rabbit Lane, presently Fir.' Mooney owns two lots that are on the water front of Orient Harbor. And the house is situated on the east end of the lot. Across from Rabbit Lane adjacent to the western lot Mr. Mooney owns a lot that's 200' deep by approx. 50' wide. And this permit deals totally with the issue of trussing a house approx. 40' deep by 25' wide on the lot across the street which the back of the lot borders on Marion Lake. Unfortunately the application doesn't deal with what's going to happen to the lot $ 1 Where the house is being from where there's 6 septic wells located within 100' of Orient Harbor. I think that when the Trustees have looked at the plans the reason that they're looking at the plans is for the over all conformity of the area. And seeing if it abides by the zoning ordinances and the wetlands act that the Board has to review and decide upon whether it fits. I think the permit application as it exists now, is incomplete in that the Trustees cannot properly assess the entire project as being contemplated by Mr. Mooney. Obviously~the Trustees have to ask themselves what's going to happen to the two pieces property as situated on Orient Harbor. Currently right now the house has a beautiful ocean water view and is being moved from that view. The feeling is that something else is going to be constructed there. That begins the second practical problem with the application. The slippery slope argument. At some point, and it's my opinion is that Mr. Mooney is gonna come back before the Trustees and ask to build another house of the two lots that border on Orient Harbor. And those two lots at that time would be very difficult to construct a house upon because number 1 the cess pool system is within 100' of the Bay. Number 2 is there is no access to public water there. Number 3 is those two lots are non-conforming lots and they don't meet the minimum requirements as set forth under the Zoning Regulations set.forth in Section 10-244D which require a lot of less than 20,000 s.f. at a width of 80'. Neither of those lots do. Those are the practical problems with the permit that's been by Mr. MOoney. It's a partial solution to what he's trying to accomplish here. I think that the Trustee would be remised in ~ng a decision on half the facts. ObViously the decision of the. Trustees is to affect the overallarea. The other issues deals strictly with legal issues. I would like to d~rect the Board to Section 100-243 with.Southold Code. The heading on that sub-section is non-conforming buildings with non-conforming uses. Specifically with sub-Section A statss that a non-conforming building c. ontaini~g a non-conforming use shall not be enlarged or reconstruCted or structurally altered or moved. The operative word being "moved". Unless the use of such is changed to conforming use. This building is being moved onto a non-conforming lot which is only 50' wide, Which would, only allow a thinner off.set .on one side and 15' off set on the other side. ~nen you read that section with the non-conforming lot the line does not conform. What Mr. Mooney is attempting to do is speCifically violate that section of' the code by moving a non-conforming building to a non-conforming lot~ ~nat's the first legal problem of the application. The second legal problem is if you were to construct a house that you are attempting to move on the lot that he is proposing to put it on, it is a non-conforming lot, and the Southold Zoning Code requires that a non-conforming lot meet certain mi~imum requirements. And I'm gonna name the requirements which is found in section 100-244 for a lot less than 20,000 s.f. The lot is 250' X 50' and approx. 10,000 s.f. So it is under the 20,000 s.f. And under that 20,000 s.f. the minimum requirements on the lot be at least 80' wide. The lot is 50' wide. It's approx, half the width that it has to be to build a size on a non-conforming piece of land. I would also like to point out that because of the high water table here. Approx. you hit water at 3' Any foundation that is put in would have to be bermed by 3 or 4' of dirt. So if you consider the off set of a 25' house on this piece of property the off set of that should be less than 10' on one side and 25' on the other side. Which is also required by a min. standards set forth on the non-conforming lot. When you add approx. 2 1/2' on each side of the house your not talking about property off sets of approx. 7 1/2' on one side and approx. 12 1/2' on the other side. Also under section 100-244 Non-Conforming Lots under sub section B, Mr. Mooney owns all three lots that I've been discussing and pursuant to that provision in the Code if all adjoining lots, if one was purchased after this code being put into law which was in September 1989 the person cannot build on a non-conforming lot if he has adjoining ownership in a lot that is also non-conforming. And that is exactly the situation you have here. Also if the Trustees were allowed to plan to proceed as so you would approx. 21 to 22~ septic systems, tanks, actual cesspools in approx. 80' of each other in an area that borders on one side by Orient Harbor and on the other side by Marion Lake. The approx, distance between Orient Harbor and Marion lake is approx. 300' at best with a 3' water table. The next practical consideration is what type of environmental impact moving this large house approx. 40' high across a 8 or 10' road and turning it around 180 degrees and then wheeling it across soft sand and putting it up on a foundation. I think there's no indication on the application whether or not any run off or any heavy equipment that's Used to aCcomPlish this feat woUld cause run off into the Bay or whether it can be accomplished without trespassing on other peoples land. in that area. I don~t know if any of the Trustees have looked at the area but being familiar with parts of Western Long Island such as Coney Island and Breezy Point in Queens you've actually seen houses shoe-horned in in places where they really don't fit. This is the situation that this house does. So based upon all those reasons my client has a strong objection to this project. TRUSTEE KRUPSKI: The first think is that I have to remind you of iS that the Trustees don't administer ToWn Code 100. The Zoning Code. So that all those concerns are valid, however, they're not something we have jurisdiction over. I would imagine that if theY're all in ~he code Fir. Mooney wauld have to go to the ZBA for relief of the code. T~ose concerns are really not our cor~cerns. We have jurisdiction 75, from the wetlands. The house itself, the moving of the house is within our jurisdiction. Our' concerns are also what we would call the remains of the house including the cesspools on the Bay front parcel. Our Concerns are also the way the house is situated on Marion Lake. The proposed septic system is well outside our jUrisdiCtion. ~ir. Mooney would have to go to the Suffolk County Department of Health for approval for that. That is their job. MR. LEVELLE: I think one of the issues is the plans submitted doesn't deal with the septic tanks (could not hear him) TRUSTEE KRUPSKI: No, that's true. ~R. LEVELLE: I'll also point out that the house has a left and right side, and decks and the proposed pel~t~it where the house is situated and the way the survey is, does not allow any room for those same decks to be constructed. I don't see that as being plausible because those sliding doors on the second floor (cOuld not hear him). So obviously that's gonna be closed off at some point in the future and decks are gonna be built. And the way the permit is in front of you it is exactly 75' from East Marion.. However, the added deck to it is within that zone. TRUSTEE KRUPSKI: No, actually, we considsr the 75' .... our jurisdiction is 75' upland of the wetlands, so what's on the survey shows the shoreline, the edge of the bank is landward of that. It looks like 6'. If you move the house there I guess you could conceivable move it there without coming into our jurisdiction. However, because of the shoreline the house will be within Our jurisdiction however, marginally it will be within mr jurisdiction. US~E HOLZAPFEL: Is 21 septic systems, is that correct? MR. LEVELLE: Yes. TRUSTEE HOLZAPFEL" What was that referring to? MR. LEVELLE: What we have is, you have a house .... you have a series of houses, you have one that's owned by Mr. Ed DoWd which is on the south side of Rabbit Lane and his septic systems go across Rabbit Lane and there are 6 of them on actually on Mr. Devlin's property. I'm summing up what kind of cess pool situation you Will have within 3 properties. You will have over 21 septic systems, rings. TRUSTEE HOLZAPFEL: We had asked last month the critical question was that your moving thehouse and yet you never asked for a permit for' the activity on the other side of the road. MR. MOONEY: Obviously if you don't approve me moving the house onto the. site I cannot come to you and ask 'to move the house from because I have no place to pu~ 5ring it. TRUSTEE HOLZAPFEL: I think it's the same problem we have earlier. It's that we have one person with 3 different properties. Each property is gonna need a permit and that's what we asked for last month. We need a permit for the Orient Harbor property. This is a permit for the piece across ~abbit Lane. There's activity on that lot in moving the house off that lot. TRUSTEE KRUPSKI: What John is saying is sa~ing is it would have been easier to apply for both at the same time because some of our concerns are related to the house on Marion Lake, and some of our concerns are also on the other side. Basically, our concerns, and the CAC's concerns were for the left over septic system. MR. MOONEY: I will apply for a building permit .... by the way, the septic system is there and has approVal from SCBD, and there's a waiver obtained because it was 10' for over 100' setback and I obtained that in 1983. I will either remove the septic system or atthe time I apply for the buildin~ permit to move the house across I will apply for the building pez~t to build another house on the Orient Harbor lot. TRUSTEE HOLZAPFEL: You asking us to approve a permit based on something you you will do a year later, or maybe never. MR. MOONEY: I'm gonna do it next month. TRUSTEE HOLZAPFEL: But we don't know that. MR.~MOONEY: I will present to you tonight that if I get approval I will move the house in January or February of 1996 beCa~s~ I have gone ahead with all my other approvals. TRUSTEE HOLZAPFEL: I don't feel comfortable with one permit based on something else. MR.. ANGELL: It seems that there is a problem. Once you remove the house, you've taken away a structure and then you go through the Whole permit process and it's questionable whether or not a new structure is allowed there. You have a structure there now. By moving it you vacate that lot, now it's a fresh lot, I think it wouldn't be a problem with most people and the CAC, to build a house there. If it's a sub-standard lot. And by vacating that property the current house your really making that lot unusable for a potential. TRUSTEE KRUPSKI: With the house there you have certain rights. MR. MOONEY: I don't think that's necessarily true unless I remove the foundation. I'm not removing the foundation. TRUSTEE HOLZAPFEL: But you see, that isn't in any plan that we have seen. Your doing that activity on Orient Harbor. TRUSTEE KRUPSKI: You would never get this permit without doing that. TRUSTEEWENCZEL: I really don't have a problem with him putting a house down but I think it's just a technicality of the other ~rmit. .'ANGELL: What if the proposed new house construction is not and you condition the moving of this house based on that is unacceptable. TRUSTME,~ How is it gonna be unacceptable? MR. ANGELL: I ~on't know. Who knows what the plan is? TRUSTEEiWENCZEL: Well it's not gonna be built on wetlands. TRUSTEE HOLZA~FEL: Your well for that property. Is there gonna be a well? MR. MOONEY: What I'm gonna do at present is to take my share in what~ is called the "Rabbit Lane Water Company", and take that share across the road. My intention, when I do the other house on the bay side is to put in an RO ( reverse Osmosis) system. TRUSTEE HOLZAPFEL: In response to that that house came up on that property it's almost non-jurisdiction. The jurisdictional part is moving the house. That's inside our jurisdiction. TRUSTEE KRUPSKI: Getting away from that for a moment. The proposed house will go on a foundation or pilings? MR. NOONEY: Foundation~ TRUSTEE KRUPSKI: Will you require any fill? MR. MOONE¥: I have an application that says there will be no fill required there. I will berm the sides of foundation and I said there will be approx. 85 c.y. of clean fill that will be brought in. TRUSTEE KRUPSKI: Because it's not shown on the survey. That fill will be shown in our jurisdiction° We should have that. It ShOuld be shown on the survey the extent of that fill. Your neighbors attorney's concern was that the fill going towards the side yards. MR. MOONEY: I believe that happens to his clients house as well. His fill goes onto my part of it and it's OK. TRUSTEE KRUPSKI: But it should be shown on the survey at least within our jurisdiction of how that fill line is. Is there any other concerns? MRo DEVLIN: This whols thing of moving a house has puzzled me. And the reason is if the house is moved and the old property is on the vacant land, how about if Dan cannot get approval to build it? TRUSTEE KRUPSKI: I agree with you because we don't have an appliCation in front of us to put anything there. But what we will need from you is an application to move the house off that parcel only because your gonna be leaving significant structure pilings, probably a driveway and sanitary system that is functional and approved on that parcel. And those are the things that we would like to see on an application for that parcel. Aside from the fact that your gonna apply for a new structure there that will require a permit. That's a totally separate scenario that don't even want to really get into. Any other con,~ent? TRUSTEE GARRELL: Move to close the hearing.~ TRUSTEE WENCZEL: Second. ALL AYES TRUSTEE HOLZAPFEL: I~lI make the motion that we table the application in front of us until we receive an application involving the Orient Harbor property and the activities on that and how they match up with the Marion Lake property. Also included on the survey should be contour lines, the whole idea of what's gonna happen to the cesspools systems~ etc. etc,. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE ALBERTSON moved to go back onto the regular meeting, TRUSTEE HOLZAPFEL seconded. ALL AYES / V. ASSESS~mg~TS: i. Hepter Associates on behalf of ERNEST requests a Wet~a~ p~rmit to re-apply for a 75 1.f. bu] with a 10' return, a 6' X 10' fixed dock, a 3' X 15' ramp and 3- 6' X 20' floats and to regrade or "blend" 65-75 c.y. of fill to accommodate deck and patio. This "blend" will make the rear of the property more in-line grade with adjacent lots while allowing landscape improvements. Located: 1765 Westview Drive, Mattituck. SCTM %107-7-7 TRUSTEE HOLZAPFEL moved to approve for a Negative Declaration for dock, ramp'& ~oat-'~d "b~nd." only, T~USTE~ ~econded. ALL AYES ~.~, P~oper-? Services on behalf of CHARLES ~LL~ requests a wetland Permit to relocate and reconstruct dock as fOllows: 4' X 72' walkway, a 4' X 16' ramp and a 6' X 20' float, two 2 pile dolphins. Located: 2760 Deep Hole Drive, Mattituck. SCTM $123-4-10 TRUSTEE HOLZAPFEL moved to approve for the Negative Declaration for the dock to run perpendicular to shoreline, TRUSTEE GARRELL seconded. ALL AYES 3. Costello Marine on behalf of WILLIAMJ. POTTS JR., requests a Wetland permi~ to reconstruct approx. 57' of bulkhead within 18" and 18" higher with one 12' return and backfill with approx. 30 c.y. of clean fill. Located: 2662 Paradise Shore Road & West Shore Drive, Southold. SCTM $80-1-4 TRUSTEE HOLZAPFEL moved to approve the Negative Declaration, TRUSTEE ALBERTSON seconded. ALL AYES 4. Richard Larsen on behalf of ALEXANDER G. LITRAS requests a Wetlan~ Permit to rebuild inkind/inplace a 64' bulkhead with 1- 27' return and 1- 11' return and backfill with 350 c.y. of clean upland sand fill, and the northeast corner of bulkhead will be relocated to be within property line. Located: 20205 Soundview Ave., Southold. SCTM $51-4-7 TRUSTEE KRUPSKI moved to approve the Negative Declaration with condition that bulkhead be in line with neighbors on east side and steps to platform showing on survey and plan, TRUSTEE HOLZAPFEL seconded. ALL AYES 5. J.M.O. Consulting on behalf of~ DR. T~OMAS J. M~ DONAGH requests a Wetland Permit to construct a 10/ X 60' X 2' earthen berm, which shall be fronted by a rock revetment consisting of 200-500 lb. rock placed 2' below grade on filter cloth. Berm shall then be planted with Rosa Rugosa, i8" on center. proposed berm and revetment shall be constructed on what is known lawn area.. The purpose is for storm and flood protection. Also to construct a 3' X 40' catwalk, a 3' X 12' ramp and a 6' X 20t float as per plan dated 12/10/94. Located: 765 Cedar Beach Drive west, Southold. SCTM $90-1-6 TRUSTEE KRUPSKI moved to table the AsSessment until an updated survey showing berm and showing dock similar to neighbor to south~TRUSTEE HOLZAPFEL seconded. ALL AYES 6.' J.M ;~lting on behalf of a W~t~ allow for the recon 2 timber groins the easternmost structure is 150', the western 50'. there is no filling involved with the project. Located: ROW off of Reeve Ave., Mattituck. SCTM $122-9-7.9 TRUSTEE'KRUPSKI ~ved to table the application until an updated survey is s~bmitted, TRUSTEE WENCZEL seconded. ALL AYES 7. ~'-NtCOLO DEi~BARTOLO ~equest~ a ~e%~and Permit to construct a bridge and driveway as per revised plans dated and received in our office on 10/18/95. Located: 475 Condor Court, at end, off Peconic Bay Blvd., Laurel. SCTM $127-3-6.1 TRUSTEE HOLZAPFEL moved to approve the Negative Declaration, TRUSTEE ALBERTSON seconded. ALL AYES 8. Latham Sand & Gravel on behalf of LINDA FE~q~ZMORE requests a wetland & CoastalErosion Permits to construct 100 1.f. of retaining wall along toe o'f bluff with a t5~ return and place 200 c.y. of ctean backfill as per DEC permit dated 8/30/95. Located: 955 Soundview Road, Orient. SCTM $15-3-12 TRUSTEE Ki{~JPSKI moved to approve the Negative Declaration, TRUSTEE ALBERTSON seconded. ALL AYES 9. En-Consultants Inc., on behalf of ~REGGFISHER requests a Wetland Permit to c~nstruct a one family dwelling, deck, sanitary system, driveway, well, underground utiiities, etc., as shown on site plan dated 9/6/95. Located: New Suffolk Ave., Mattituck. SCTM ~114-12-4 TRUSTEE HOLZAPFEL moved to approv~ the Negative Declaration, TRUSTEE ALBERTSON seconded. ALL AYES 10. En-Consultants Inc., on behalf of PAOLO LAVAGETTO requests a Wetland Permit to modify the floating portion of an existing dock. The (2) exist. 6' X 20' floats in a "T" configuration will be relocated and a 4' X 23' float added to form a "U" shape. Floats will be secured by a total of (8) pilings. Proposed float arrangement will afford more protection to boat and will allow easier access. Located: 1300 Mason Drive, Cutchogue. SCTM #104-7-7 TRUSTEE HOLZAPFEL moved to approv9 the Negative Declaration, TRUSTEE GARRELL seconded. TRUSTEE WENCZEL nayed as well as TRUSTEE KRUPSKt. IV. RESOLUTIONS: 1. Board to rescind the Grandfather Permit for THOMAS APREA issued on August 31st at the Regular meeting and grant a 3 existing groins at 95' each, 1 at 98' 1 at 96' ~ I at 100'~ 1 at 50' and two jetties: 1 at t50~ at east end, and 1 at 187~ at west end, and an exist. retaining wall totaling 722' and a bulkhead totaling 300' Located: 500 Beach Court, East Marion. SCTM ~37-7-9.1 ~RUSTEE_ . KRUPSKI moved to app~rov~ ~he Grandfather: with the fo!!o~ng changes: at west end 1 jetty will be 147' and the 2~d jetty at east end 150~ and bulkhead totaling 300'~ TRUSTEE HOLZAPFEL seconded~ ALL AYES 2~ Located: Sound Ave~, Southold~ The was taken by the Southotd Town Board of ~¥~se~s~ ~ on Thursday, October 26~ 1995: (~ attached) ~ Board to review the followi for ~om~leteness~ a Wetland Permit to construct a one-f~mi!y dwe!!in9 with associated sanitary system as shown on revised survey dated October 23, t995~ TRUSTEE HOLZAPFEL moved to approve the Draft Resolution~ TRUSTEE A~ERTSON s~ond.~d. (S~ attached) ~L AYES 4. James F. Wills on behalf of :PAUL F. WOOD, JR. requests a Grandfather Permit to repair seawall that was damaged in Dec. 1992 storm and modify concrete sI~h to be lengthwise and construct a curb to prevent runoff. Located: 2575 Bayshore Road, Greenport. SCTM 953-5-20 TRUSTEE GARRELL moved to deny the request for a Grandfather Permit and request a full application, TRUSTEE ALBERTSON seconded. ALL AYES 5. DORIS K. BROWN requests a Coastal Erosion Permit to relocate house and septic system landward from bluff. Current foundation will be left end covered with wood and well will be used as long as possible. Located: 1979 Bergen Ave., Mattituck. SCTM ~1t2-1-17 TRUSTEE KRUPSKI moved to approve the CEHA Permit with condition they follow planting plan submitted by Natural Resources Conservation Service, TRUSTEE ALBERTSON seconded. ALL AYES Meeting Adjourned at: 10:25 p.m. Respectfult.~ Submitted By: Dianeh J. Herbert Clerk, Board of Trustees 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 2179 Southold; New Yo~k 11971 Telephone (516) .:765-1892 Fax (516) 765q823 CERTIFIED MAIL November 3, 1995 James Bitses 2575 Lighthouse Rd. Southold, NY 11971 RE: SCTM $1000-50-3-6 Dear Mr. Bitses: The following action was taken by the Southold Town Board of Trustees on Thursday, October 26, 1995; Whereas Section 97-20 of the Southold Town Code provides that no person shall conduct any operations on any wetlands in the Town Of Southold unless he shall first obtain a written permit therefore issued by the Trustees, and Whereas James Bitses, owner of wetlands property at the North West corner of Lighthouse Road and Soundview Road has conducted operations on ~hat property, consisting of mowing the wetland vegetation surrounding a perched freshwater pond on ~hat property which is designated on the DEC Freshwater Wetlandm Map, dredging the pond and fillingand reducing the size an~ level of that pond, and he has verbally threatenedto perfozm further operations which would destroy the wetlandm, and Whereas the Trustees find that James Bitses has not obtained or applied for a wetlands permit for the above-described operations, and" Whereas James Bitses claims to be exempt from the~e~a~t requirement under Section 97-12 of the $ou~Bold Town code which provides that a permit is not required for the ord~and usual operations relative to agriculture, on the grounds that he is growing 400 blueberry bushes in the above-described area, and Whereas the Trustees have considered the application of that exemption as to its applicability to the activities of James Bitses based on conversation with Mr. Bitses and an on-site inspection on October 18, 1995, Therefore, be it RESOLV~.~ that the Southol~ Town Bo~=~ Trustees finds that the activities of Mr~ ] within the exceptions of Section 97-12 There is no previuus agriculture histor~on the Mr. Bitses has no stated previous agricult~re experience2 If Mr. Bitses' intention is truly the cult~e of 400 blueberries, then the upland portion of his property would be better suited to their cultivation than an area that is a wetland. Mr. Bitses has done nothing to convince the Board that his "operation" represents ordinaz-fand usual agriculture and are not a ploy to justify the destruction of wetlands. If you have any questions, please do not hesitate to contact this office. Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Town Attorney Bay Constable Draft Resolution of the Town Trustees WltY, REAS, On August ,1995 the Town Trustees received a wetland permit application of Christopher Conners to construction a single family dwelling and associated improvements; and Wl~EREAS, based upon the letter of the Board's consultant dated October 5, 1995, the Town Trustees by letter, to the applicant, dated October 6, 1995 d,etermined the application to be incomplete; and WI~,REAS, the applicant has submitted a revised survey prepared by Peconic Surveyors, P.C., last revised on October 23, 1995; and WI~,~AS, this Board has reviewed said survey and Timothy Collin.% AICP letter of October 26, 1995; and WltrEREAS, the location of the proposed improvements are acceptable for the purpose of scheduling a public hearing; however, Wl~,~S, this Board finds that the location of the sanitary system and water supply well is critical in the design of the system and for the protection of the groundwater and surface waters; and WI~,REAS, the Suffolk County Department of Health Service is responsible for the review and approval of sanitary and water supply systems for the protection of the public health, safety and general welfare; NOW TI-IF. RF.I~ORE BE IT RESOLVF. D, that the application of Christopher Connors is hereby deemed incomplete pending the submission of the approval from the Suffolk County Department of Health Service for the proposed sanitary system and water supply well.