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HomeMy WebLinkAboutTR-01/28/1993 TRUSTEES John M. Bredemeyer, III. President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 MINUTES PRESENT WERE: JANUARY 28, 1993 John-M, Bredemeyer, President Albert J. Krupski, Vice President Henry P. Smith, Trustee John B. Tuthill, Trustee William G. Atbertson, Trustee Jill T. Doherty, Clerk WORKSESSION: 6:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, February 25, 1993 at 7 PM NEXT FIELD INSPECTION: Thursday, February 18, 1993 at 8:00 AM TRUSTEE KRUPSKI: Approved. TRUSTEE ALBERTSON: Second ALL AYES APPROVE MINUTES: I. MONTHLY REPORT: Trustees monthly report for December 1992: A check for $906.11 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. D. Glaeys Bahrenburg request a waiver to add a 11' X 32' room to existing dwelling. Located King ROW off Village Lane, Orient. TRUSTR~ TUTHILL moved to approve. TRUSTEE ALBERTSON: Se~6nd. ALL AYES. Board of Trustees 2 January 28, 1993 2. Land Use on behalf of Corey Creek Association request an extension to pay fees on permit as they have not received DEC approval. TRUSTEE SMITH moved to approve. TRUSTEE ~UTHILL second. ALL AYES 3. Land Use on behalf of Torsten Johnson re~aest an extsnsion on permit %3884 to expire December 27, 1993 for a one family dwelling. They are still waiting on Health Dept. approval. Located Cedar Point Drive East., Southold. TRUSTEE SMITH moved to approve. TRUSTEE KRUPSKI second. ALL AYES 4. Marina Bay Club request to amend the storm damage permit to replace docks with floating docks using existing piles instead of fixed docks. The reason being the cost of fixed dock verses floating. TRUSTEE SMITH moved to de~y the applicant without prejudice to a complete application. TRUSTEE KRL~PSKI second. ALL AYES 5. Suffolk County Water Authority a) request a waiver of requirements set forth in 97-21 (G) and (J) of the Town Code. b) apprQve/deny waiver cf 9.7-20 (B). Located Brushes Creek Bridge, Laurel° TRUSTEE BREDE~EYER read from file, approved application. TRUSTEE KRUPSKI second. ALL AYES TRUSTEE IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOP, PERMI.TS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FRO~ THE LONG ISLAND TRAVF. LF~-WATCHNAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZE~ AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE. 7:45 P.M. - In the matter of Costello Marine on behalf of Anthony Vitale request pez~it to resheath I7' on. east jetty (south end), resheath 5' on. west jetty (south end} and install a 6' X 20' float, 32" X 8' ramp with pipe support pilings. Located Inlet Way, Southold. TRUSTEE BREDEMEYER: Trustees looked at this application as to the CAC and DEc permit, and this is the one they modified. CLERK DOHERTY: Bruce indicated to me that CAC had no problem. TRUSTEE SMITH: That's a 28" X 16" float? TRUSTEE BRER~ER: That was the one that was the unusual one. The legal one is going to be removed. Board of Trustees 3 January 28, 1993 TRUSTEE BREDE~EYER: The 28" X 16" float was the original description that was removed. As a correction it is min~s the 28" X 16" float. It's now a 6' X 20' float. Is there anyone here who wishes to speak on behalf of this application? Any additional co~muents from the Trustees? Hearing none, I'll take a motion to close the hearing in this matter. TRUSTEE KRUPSKI: So moved. TRUSTEE TUT~ILL: Second. ALL AYES. TRUSTEE BRED~.~R: A vote in an approval or denial in this matter? TRUSTEE SMIT~: I make a motion we approve. TRUSTEE KRUPSKI: Second. ALL AYES. 7:46 P.M. - In the matter of Eh-Consultants on behalf of Anthony Helies request to replace (within 18") 148' (plus 18' return on w/s) of existing retaining wall. Backfill with 50 c.y. of clean backfill~ New wall will be 6" higher. Also to remove steps and replace with a 4' X 5' landing to 4' wide steps parallel to bulkhead.. Located Park Aver, Mattituck. TRUSTEE BREDE~EYER: Is there anyone here who wishes to speak on behalf of this application? Hea~ing none, any comments from the Trustees? TRUSTR~ SMIT~: I make a motion to close th~'hea~ing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE BREDEMEYER: Your pleasure with respect to this application? TRUSTEE SMIT~:: I make a motion we accept this application. TRUSTEE TUTR~LL: Second. ALL AYES. 7:48 P.M. - In the matter of Mild_red Cutlen to remove and clea~ stumps and brusb~ on property on ~oose Creek off Goose Creek Lane, Southold. TRUSTEE BREDEMEYER: Is there anyone who wishes to speak on behalf of this applicant? MILDRED CULLEN: I'd also like to ask for a refund for the application fee since Victor Lessa~d told us we didn't need one and you have a policy a waiving the fee on storm damages, TRUSTEE BREDR~Ekq~R: The Board will take this into consideration. TRUSTEE S~IT~: Storm damage? MS. CULLEN: Yes, the stump removal was from last years storm. TRUSTEE SMIT~: O.K. That storm damage was not included in our waiver fees. This was just this storm that we had this December. MS. CULLRN: No the last year you also had policy waivin~ fees. TRUSTEE S~IT~: I don't remember that. This was the first time we waive~ed fees this past storm~. TRUSTEE BREDE~EYER: I think that might have bccn a misunderstanding. We had a policy of granting Grandfather Permits of having possibly-expedited several permits o~ an emergency basis. But this is the first time there's been a waiver of fees. It' might be confusing with.the notion, of a waiver of the requirements of tP~e ordinance whick is based on a single sight inspection. I don't know i~ the Board would consider it a waiver application since there's a hearing now and this affords public comment. That wo~ld be a discretionary in Board of Trustees 4 January 28, 1993 the Board possibly would want to consider a waiver since we did a single sight inspection we had asked to the hearing just so that there was additional public comment. MS. CULLEN: Well then can I ask for a waiver'. TRUSTEE BRE~EF~5~R: Sure, we can certainly give it. We'll take additional c~Lents. Is there any other specific questions. Do you have plans to regrade the property? Did they include bringing in more soil, or changing the grades? NEIGHBOR: There was no regrading act~ll¥. The only thing that was done was that they had the trees between the house was threatening to come down on the house and tearing the wires down. One party next door which was happy to have the trees come dove, the other party who was very hap~ry because one tree was already snapped and threatened to fall on his house. We had the trees removed and all we did was take the trees out and while that was being done a few stumps that were being pulled out of the ground was up near his property. So all that would happen was that when we had it done, the man come in and took all the stumps out and just leveled it down, took all the debris away, went up and took the stumps out that already out of the ground and that was it. TRUSTEE E/{UPSKI: I think what Jay meant by regrading was future regrading. NEIGHBOR: No. MS. CULLEN: Well basically reseeding. ~ husband said that if it.looks like its gonna need some additional soil, forget it. But that, W g~'ll see. TRusTEE BRE~EMEYER: Are there any other comments? Take a motion to close th~~ hearing. TRUSTEE SMITH: So moved. TRUSTEE KRU~SKI: second. ALL AYES. TRUSTEE BREDEFfEYER: Vote on the Board in this matter? TRUSTEE SMITH: I make a motion we approve this application. TRUSTEE ALBERTSON'. ALL AYES. TRUSTEE B~E~REEER: Would the Board like to consider a reEu~ud of fees to make it a waiver? I~tl say this for my part, it seems like the activity was minor and wasn't taken without a least takin~ to a Town Dept. and its clear that happened. And there are aspects of this that dealk more on an interpersonal relation between the neighbors and we even so far by saying it had to have a p~hlic hearing to a~ord th~ neigb2aor the chance to comein. They're not hear now. TRUSTEE SMITH: I'll make a motion that we grant the waiver. TRUSTEE ALBERTSON: Second. ALL AYES. 7:53 P~M. In the matter of the application of John Geidema~ on behalf of Eileen Viltani to construct a fixed dock 4''X 65' a 3' X 15' ramp and a 6' X 20' float. Locaked off Indian Neck Lane, Peconic. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application or against it? TRUSTEE SMITH: He~s gonna come back with an amended drawing. We can't approve this over 65' Board of Trustees 5 January 28, 1993 TRUSTEE BREDE~EYER: We ha~e the clerk not send the permit subject to revise drawing. We'll take a motion to close the hearing in this matter. TRUSTEE S~FiTH: So moved. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BRE~ER: In the matter of the al~proval?~ TRUSTEE SMITH:: I would say lets hold it until we get the amended drawing and we could do it next month~ I make that a motion to table as such time we get revised drawing showing the whole structuzebe no more than 65' total. TRUSTEE ALBERTSON: Second. ALL AYES. V. ASSESSMENTS/ENVtRONMENTALDECLARATIO~S: I. Latham Sand & ~ravet on behalf of Edwin ~errit~ emergency storm permit to replace inkind/inplace 103-/+ of bulkhead destroyed b~ storm. Also replacement of 10' return on North side and a 20' return on South side. Back!ill with 75 - 100 c.y. of clean sand from upland source. Located ROW off Willow Terrace, Orient. TRUSTEE BREDENEYER: I move we move this a negative declaration. TRUSTEE SMITH: So moved. TRUSTEE TUTHILL. ALL AYES. TRUSTEE BREDEF~YER: The Coastal Erosion Hazard any action on the Peconic Bay has to have a long environmental I move to rescind and environmental assessment. Emergenmy authorizaEion was already granted right? So they can do the work and the paper.~ork can follow. This is inkind/inplace replacement is a minor action, and a Type II action. TRUSTEE TUTHILL: Second. ALL AYES 2. Lawrence Niebling request permit to construct bulkhead at the toe of bank and back fill with sand from upland source and vegetate-. Located IOQ20 Nassau Point Road, Cutchogue. TRUSTEE Kt~UPSKI: That was one of mine. They have a little jo~ on the bank where it comes in instead of going straight across. The elevations aren't really correct, those were just thrown in. Someone had an idea. They don~t really exist. See where the 6' elevation is, that's roughly where the toe of the bank is. That's basically where the retaining wall should go, at the toe of the bank~ And not 10' out into the beach, it more like 7' to 8' feet where the bulkhsad is proposed at the toe of the bank. I~d rather see the whole bulkhead p~t to the toe of the bank. TRUSTEE BREDEMEYE~: Do you think they should submit the propOSal on a survey. TRUBTEE KRUPSKI: Absolutely. They should definitely have a licensed land surveyor with the elevations. TRUSTEE SMITH: You say that'S where the toe of the bank is and the difference from this land survey that's here right now I would say that we get a new survey. TRUSTEE BREDEMEYER: Can they tie in with the neighbors? TRUSTEE KRUPSKI:: Yes. It's a low bank there. I recommend to table this pending a new survey or diagram. Board of Trustees 6 January 28, 1993 TRUSTEE BREDEMEYER: Second. AYJ. AYES. 3. John Geideman on behalf of Pierre Gazarian request permit to replace bulkhead damaged by storm. Bulkhead to line up with neighbors bulkhead. Located Witlow Terrace, Orient. TRUSTEE ~REDEMEYER: Motion to negative declaration? TRUSTEE KRUPSKI: Second. ALL AYES. VI. GRANDFATHER APPLICATIONS: I. Robert O'Brien request Grandfather permit to replace bulkhead damaged by storm. Located Truman's Path, East Marian. 2. Hazen Cook request Grandfather permit to replace bulkhead damaged by storm. Located Rabbit Lane, East Marion. 3. Richard Frizzi request Grandfather permit to replace bulkhead damaged by storm. Located Rabbit Lane, East Marion. 4. John Williams request Grandfather permit to replace bulkhead damaged by storm. Located Truman's Path, East Marion. 5. David French request ~randfathez permit to replace bulkhead damaged by storm. Located Willow Terrace Lane, Orient 6. Edward Koster request Grandfather permit to replace dock damaged by storm. Located Pine Neck Road, Southold. 7. Dr. Roseman request Grandfather pezn~t to repair bulkhead damaged by storm. Located 780 Private Road, Southold. ~. Stanley Keating request Grandfathe~ permit to repair bulkhead damaged by storm. Located Nassau Pt. Road, Cutchogue. 9. Charles Watts request Grandfather permit to replace inkind/inplace bulkhead damaged by age. Located Sterling Road, Cutchogu~. 10. G & M Associates request Grandfather permit to replace dock damaged by storm. Located park Ave. Ext. Mattituck. 11. Augustus Kelsey request Grandfather permit to replace dock damaged by storm.. Located Peconic Bay Blvd. Laurel. 12. John Holst request Grandfather permit to repair bulkhead damaged by storm. Located Camp Mineola, Mattituck. 13. Seagyan Club, Inc. request Grandfather permit to repair bulkhead damaged by storm. Located Indian Neck Lane, Peconic, 14. Robert Gredick request Grandfather permit to repair bulkhead, damaged by storm~ Request pe~it to place retaining wall landward of existing bulkhea~damage~by storm. Located Nassau Point Road, Cutchogue. Board of Trustees 7 January 28, 1993 15. Chamles Bocklet request Grandfather permit to replace retaining 206' of retaining wall. Robinson Lane, Cutchogue. 16. Michael Catapano request Grandfather permit to repair bulkhead damaged by storm. Located Nassau Point Road, Cutchogue. 17. Douglas F. Creighton request Grandfather permit for 85' X 8~ dock. Located Hobart Road, Southold. Requests for Grandfather permits 1 to 17 approved by Trustee Smith, second by Trustee Tuthill. All Ayes. 18. Thomas Ryan request Grandfather permit te replace bulktlead damaged by storm. Located Beebe Drive, Cutchogue. TRUSTEE KRUPSKI moved to deny application until full application is filed. TRUSTEE ALBERTSON second~ ALL AYES. VII. RESOLUTIONS: 1. Board to set public hearings for the February 25, 1993 regular meeting fo= those applications that received negativ~ declaration and those applications that are Type II actions. TRUSTEE BREDE~/EYER moved to approve, TRUSTEE KRUPSKI second. ALL AYES. 2. 1993 fee schedule as amended. VIII. MOORINGS: 1. Clement Charnews request mooring in Town Creek for a 25' inboard with 'for and aft' anchors. TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON second. 2. Jim Rich request mooring to be transferre~ to Henry Smith in Town Creek~ Mooring for a 32' & 33' sail boat. TRUSTEE ALBERTSON moved to approve, TRUSTEE KRUPSKI second. TRUSTEE SMITH ~hstained. Meeting Adjourned. Respectfull~ Submitted By: Diane J. Herbert Clerk, Board of Trustees RECEIVED ANDJ.W LED BY THE SOi3_.~oLD TOWN ~.,, ,~_~ 'l~n C?~er~ Town of 8ouihold ~