HomeMy WebLinkAboutTR-09/30/1993 TRUSTEES
John M. Bmdemeyer, III. President
Albert J. Krupski. Jr.. Vice President
Henry P. Smith
John B. Tuthill
William G. Albertson
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
SEPTEMBER 30, i993
PRESENT WERE:
Albert J. Krupski, Vice President
Henry P. Smith, Trustees
William G. Albertson, Trustee
John B. Tuthill, Trustees
Diane J. Herbert, Clerk
ABSENT WAS: John M. Bredemeyer, III, President
WORKSESSION: 6:00 P.M.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Thursday, Oct. 21, 1993 at 8 a.m.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
NEXT TRUSTEE BOARD MEETING: Thursday, Oct. 28, 1993 at 7 p.m.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
APPROVE MINUTES: Regular meeting of August 26, 1993
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
I; MONTHLY REPORT: Trustee monthly report for August 1993: A
check for $2,759.19 was forwarded to the Supervisor's Office for
the General Fund.
II. AMENDMENTS/WAIVERS/CHANGES:
1. Edward Kaminski on behalf of KENNETH RATHGEBER requests
an amendment to ~Permit ~4219 to build a 20' X 40' pool as per
enclosed survey. Located 2325 Nassau Point Road, Cutchogue.
TRUSTEE SMITH moved tolapprove the amendment, TRUSTEE
ALBERTSON seconded. ALL AYES
Board of Trustees 2 Sept. 30, 1993
2. Samuels & Steelman on behalf of MR. & MRS~ .RATRICK
SCOLLARD requests an amendment to Permit $3925 to revise a one
f~amily dwelling as per survey dated September 4, 1993. Located
Wills Creek Drive, Mattituck.
TRUSTEE KRUPSKI moved to table this application until a full
permit is submitted, TRUSTEE SMITH seconded. ALL AYES
3. CAROL D. FOEHR requests a waiver to erect a snow fence on
premises. Located Smith Road off Indian Neck Lane, Southold.
TRUSTEE KRUPSKI moved to table this application until the Bay
Constable can establish the correct MHW mark, TRUSTEE SMITH
seconded. ALL AYES
4. Samuels & Steelman on behalf of BARBARA SELZ requests a
waiver to construct new decks as shown on site plan dated July
16, 1993. Located Bay Home Road, Southold.
TRUSTEE ALBERTSON moved to approve the waiver subject to
placing dry wells, TRUSTEE SMITH seconded. ALL AYES
IV. PUBLIC ~HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG
ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE FRR~ YOUR COMMENTS ORGANIZED AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE
the matter of En-Consultants, Inc., on behalf of
~!~ replace 124 1.f. of timber wall
/inplace. Repair inplace 73 1.f. of easterly
return. Approx. 100 c.y. of clean fill will be trucked in
from upland source. Construct a 4' X 4' platform, 4' wide steps
from proposed retaining wall to beach. Located Huckelberry
Hill Road, East Marion. SCTM 331-16-9
TRUSTEE KRUPSKI: Do I have anyone here in favor of this project?
ROY HAJE: I believe, and I don't have my file, unfortunately,
but I believe the original proposal was to go as far as 4' in
front of that wall, then I believe there was discussion, which I
was not a party to, I think you may have spoken to Mr.
Scarmato directly.
TRUSTEE F~RUPSKI: We did, on field inspection.
MR. HAJE: Wasn't the discussion then to go within 18", rather
than inkind/inplace? That's what I had gotten from him.
TRUSTEE SMITH: That was I believe was true, because of the
Ponds there.
MR. HAJE: Yes, the Ponds, it was right behind it. And if you
took that wall out, all of that would go, That would make it a
tremendous, tremendous job.
Board of Trustees 3 Sept. 30, i993
TRUSTEE KRUPSKI: I have a note here from Jay, it says, which is
from is from July 22nd, it is in the Coastal Erosion Hazard
Area~ We need $100 additional fee which we received. Based on
a field inspection may not need a long environmental assessment-
form ..... Do we have a long form included here? Could you fill
one out?
TRUSTEE S~ITH: I remember we had no problem with it.
MR. HAJE: It was just the distance in front.
TRUSTEE SMITH: He wanted to go quite a ways.
TRUSTEE KRUPSKI: He wanted to go out 4 feet originally.
MR. HAJE: His original hope was that he would get out as far as
possible in order to get as much dead man system without
disturbing those Ponds and things. I told him it was extremely
unlikely that hewould get that 4 foot distance.
BRUCE LOUCKA: Could you read our comments and that might help
you?
TRUSTEE KRUPSKt: "It was resolved to recommend that the
Southold Town Trustees disapproval of the Wetland Application of
Anthony Scarmato to replace (within 48") 124 1.f. of timber
retaining wall. Council strongly reco~LuL,end disapproval because
the applicant is proposing to take out 4' of beach; there is a
Strong change the beach would be destroyed; and would create
"pockets" along side the structure. The Council suggests
replacement be inkind/inplace or within 18"". Now do you
seek to amend this?
MR. HAJE: Yes, to be 18".
TRUSTEE KRUPSKI: We'll take that into consideration, thank you.
Are there anymore comments in favor of the application? Is
there anyone here to speak against the application? How does
the Board feel about the amendment?
TRUSTEE SMITH: I'll make a motion to close the hearing?
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE SMITH: I'll make a motion we approve the application
18" in front of.
TRUSTEE ALBERTSON: Second. ALL AYES
7:41 ).m. In the matter of En-Consultants Inc~, on behalf of
[within 18") 103 1.f. of timber
bulkhead. Wall will be backfilled with 350 c.¥, of clean
backfill to be truCked in from upland source and delivered over
owner's property. Remove an existing concrete stairway and
replace with a 5' X 7' wood stairway. Located Peconic Bay
Blvd. Laurel. SCTM 9128-6-13.3
TRUSTEE KRUPSKI: Is there anyone here to speak against the
application? Is there anyone here to speak on behalf of this
application?
MR. HAJE: This is a standard situation. Th~ only thing
unusual is the very large amount of concrete. In fact, if you
visited the property it points to that, which doesn't seemto be
harming anything. It's going to be entombed really by the new
project, so we would like permission to leave it' there. We
think it will be cut off from anything. In any event it's my
belief that that's dirt material anyway.
Board of Trustees 4 Sept. 30, 1993
TRUSTEE KRUPSKI: I think that's the feeling of the Board.
TRUSTEE SMITH: Any CAC comments?
BRUCE LOUCKA: Yes we do and I think you'll like them.
TRUSTEE KRUPSKI: "We recommend to the Southold Town Trustees
approval of the Wetland Application and suggests the applicant
may wish to tie in the adjacent bulkheads to create a solid
line."
BRUCE LOUCKA: And also that the concrete stay and leave it
there and bury it.
TRUSTEE KRUPSKI: We were gonna reco~m~end that, and even the
stairs to flip that over and leave it. There didn't seem to be
any sense of removing that. k~%at is the relationship of the
neighbors bulkhead there?
MR. HAJE: Is the neighbor out further, Bruce?
BRUCE LOUCKA: It may be.
TRUSTEE KRUPSKI: I think it may be our recommendation too. To
tie into the neighbor and come back diagonally to the other
corner, to make a solid line.
MR. HAJE: So it may be out more than 18" on what would be the
west side.
TRUSTEE KRUPSKI: No the east side would be out more.
MR. HAJE: Sounds like a great idea. But, the 3 little
letters...DEC. Who might say 18" is it and we won't let you go
any further. We don't have their permit yet so I don't know, I
could ask. Your reco~m,endation might bolster my request.
TRUSTEE SMITH: If we give you our approval to tie in with the
neighbor and angle over to the other end and if the DEC doesn't
approve that, you're still gonna be building less of. So you
won't have any problem with us.
MR. HAJE: OK. Well if I were to do it if we could get
permission from everyone else to do it.
TRUSTEE KRUPSKI: Do I have any other comments?
TRUSTEE SMITH: I make a mQtion to close the hearing.
TRUSTEE ALBERTSON: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: Does anyone entertain a motion on this?
TRUSTEE SMITH: I make a motion we approve this application PER
CAC recommendation.
TRUSTEE TUTHILL: Second. ALL AYES
7:45 In the matter of En-Consultants Inc., on behalf of
to construct 58' of timber retaining wall no more
2" in front of existing retaining wall, with a 30' return
on the east property line. Approx. 40 c.y. of clean backfill
will be trucked in from upland source. Located Sigsbee Road,
Mattituck. SCTM %126-9.1
TRUSTEE KRUPSKI: Do I have anyone to speak on behalf of this
application? Do I have anyone to speak against this application?
MR. HAJE: I don't know what the latest recommendation is.
TRUSTEE SMIT~: CAC have any comments?
BRUCE LOUCKA: Yes.
TRUSTEE KRUPSKI: Council recommends disapproval as submitted
because t~ere is plenty of room behind the existing seaward
Board of Trustees 5 Sept. 30, 1993
bulkhead (not retaining Wall) the proposed plan would be 2' in
front of adjacent western bulkhead which would create an angle,
which can create erosion problems. The Council also questions
the Mt54, it does not appear to be correct on the submitted
plans". The day we were down there people were sitting on the
don't have a bi~ problem where the ~ is. There were
beach. I _ _ , .
people sitting down there on the beach and there s a fair amount
of beach. W~ have a revised plan because we have two different
plans at the time.
MR. HAJE: There was confusion as to exactly what was proposed.
Originally the contractor believed that there was more work to
be done. Then it was scaled back so that there was actually a
lot more repair work rather than new work.
~TT~ LnTT~A~ When we were down there that water comes right up
~ ....... at
there.. We had a couple of questions on access along with tn .
TRUSTEE SMITH: Well basically it would be in line With everyone
elses bulkhead.
TRUSTEE KRUP~KI: No it's a little further out than the
~hhnrJ And to the east there is no bulkhead. It's cut way
MR. HAJE~ This was submitted July 1/93 so that the high water
line was prDpared by them and I think, well there's a couple of
ways to do high water line. The right way is tQ do it by
averagin!! o~er certain number of years. I think it's right.
BRUCE LO];CKA: I was down there and the water was way up there.
"Cause w~were wondering also on the steps down.
TRUSTEE ]~UPSKI: There's nothing behind except that old
bulkhead back there. It might as well just be replaced, instead
of going out further, replace it in a straight line which keeps
it in a ~traight line with the neighbor to the west. Then you
can continue that line of bulkhead on the other side of the "L"
shape.
TRUSTEE
TRUSTEE
TRUSTEE
on inkin
concrete
backfill
TRUSTEE
~o I have a motion?
~MITH: I make a motion to close the hearing.
~r.RERTSO~: Second. ALL AYES
~RUPSKI: I make a motion that we make an approval based
~/inplace replacement connecting through the
wall with a 3.0' return and an appropriate amount of
not to exceed 40
kLBERTSON: Second. ALL AYES
7:58 p.~ - In the matter o{ !to const~ruct
a ~emp°r~ry ramp made of CCA . . CCA.
decking, fOr purpose of hauling and lau~.cn.l.n? a ~ea_p~__a~__e
~m~,]3, ~atS. RamD will be 40' X 14' and will e~tena ~rom
~st~-~-~-y0nd lo~ ~ide line and will be removable. Located
~ain Road, Southold next to Mill Creek Inn. SCTM 964-3-11
KRUPSKI: Do I have anyone here in favor of this here
TRUSTEE
applica~
ALVAH Gf
construe
sea plar
but tha~
ion?
LDSMITR: The ramp that is mentioned, I wanted
ted strictly on a temporary devise being as we have a
.e in there and we don't know how long it will be there,
.'s one of the reasons we would like to have it. That is
Board of Trustees 6 Sept. 30, i993
one of the reasons we constr~cted it to be removable, not
permanent.
TRUSTEE KRUPSKI: DO you foresee it being removed? Are you
going to. put it in and take it out and put it in again?
MR. GOLDSMITH: It could be removed from time to time if need be.
TRUSTEE SMITH: Is it anchored or just laying there?
MR. GOLDSMI.TH: It's just laying there.
TRUSTEE KRUPSKI: IS there anyone here who wishes to speak
against this applicalion?
FR~K FLYNN: Iiwou~ like to speak in opposit
few notes. I examine d the file in the Trustee
opinion the file rai: es more questions than it
file contains 2 doc~ ~nts. The short environm
and a negative decli ~tion by the trustees.
ramp was built wit~)~ apermit. A local cynJ
yOU go about constr'l~tion in the Town of Sout~
and ask for forgiveness rather than ask
application states t~kt the business use of
f0~ hauling and ladh~hing a, i emphas%ze a,
small boats. Now far as temporary is
ephemeral term. believe it should be
constitutes I would suspect
piers and 2 X 12 hardly meets the
~stiOn als0 arises,
t~mporary and
A~d when Will it be Is it a seasonal
installation? is this installation
application also that the sea plane~s
the water. I will find that the'
the difference, as of us do between a se~
boat. And as fact there are di.ff~
procedures One is ~icensed by Licence
the other by obviously by the Motor for the State of
and what
New York. Sea not permitted in'
in effect you is building a ,perpetuate an
bad
umcomforting use. This particular instance may
enough in itself but it ~°uld very well set~ a for sea
plane operations, O~m,uter operations etc ~n t~e marinas in
this town. itlaiEo~states that this ramp has a ~ for the
haulin~ andilaun~h~ng for'Small boats. The should
reSolVed does this mean additional boats, to be rack
storage boats to be launched from this ramp, or transient ?r .
visitors boats:to be launched'frOm this ramp? If $O a stuGy ~s
indicated as to the availability °f' parking a~d a survey ofI the
prOperty should bes''hmitted- ~amP is mor~ or less indirectly
~ndefined insec~ion~2-32.1 where it says urger A. All boat
engines must be shut off on the ramp, in reference tO boats. B.
No person shall park or leavean unattended Vehicle- Now,
Vehicle is alsodefined in the code as being transportation on
roads. So in neither way does a sea plane coincide with the
code. Sea planes are hazardous, I think we will all recognize,
in proximity tO other boats, marinas and particular areas in
which jet skis are operated byteen ages or younger people. You
will remember that public safety was an issu~ with reference to
the Mattituck Airport when that was proposed. Now a similar
[on based upon a
Office and in my
=answers. The
~ntat assessment
~understandh the this
,tola me way
old is to proceed
The
ramp is
and or
that's an
as to what's
built on CCA
of
, when.
of
Now the
while in
recognizes
and a
Board of Trustees 8 Sept. 30, 1993
maintained that this is a temporary ramp being that it can be
taken out of the water, its not a permanently attached ramp and
this is the primary reason for the need of it. I don't want to
go through an environmental impact because I don't think it's
appropriate. It's not gonna be something that's gonna turn
into a sea plane base or something like that.
MR. FLYNN: May I respond in a sentence or two?
TRUSTEE KRUPSKI: Yes, please be brief.
MR. FLYNN: In a certain sense a sea plane is a boat when its
in the water. In the respect that it has to pertain to the
rules of the road, but when it is taxing etc.,~ when it takes
off then it becomes FAA jurisdiction. It's a question of the
rules of the road. The second thing is Mr. Goldsmith more or
less agrees with me. I don't place blame on Mr. Goldsmith, but
the conjunctive use of those jet skis and the air craft
certainly Constitutes a hazard. The question is, there seems to
be no jurisdiction prevailing to prevent this hazard or if it is
it isn't being enforced.
TRUSTEE KRUPSKI: I agree with you that it does sound like a
dangerous situation, however, even if we didn't approve a ramp
on this site, we wouldn't be able to prohibit a sea plane from
going or coming into the Bay when we can't prohibit the use of
jet skis in the Bay or boats in the Bay. That'S way beyond our
province. I understand how that ties into the use of the ramp,
but it doesn't...if someone has a sea plane in the proximity we
can't, wether there a ramp there or not, that's really way
beyond our province.
MR. FLYNN: PerhapsI'm displaying my ignorance, but you have
jurisdiction over Town waters, and Town waters extends 400 feet
fromshore?
TRUSTEE K~UPSKI: Only to the mouth of the creek.
MR. FLYNN: Well in some ~Town jurisdiction out into the Bay a
certain d~st~ce from the high water mark.
TRUSTEE ~up~KI: That's state water and we don't have any
urisdiction there at all.
RusTlE sMITH: Besides this is a private owned marina, and Mr.
Goldsmith does own the bottoml
MR. FLYNN: HOW far out?
MR. SMITH: In the marina.
TRUSTEE KRUPSKI: AS far as the take off of the plane and the
jet skiis, we assume it is not with the confines of the
marina, i'malS? assuming ~ey're not taking off in the creek
itself. So that S well beyond our province.
MR. FLYNN: As I told you, L don't have really strong
objections to the current operation there, but what I foresee is
an opening of a Pandora's Box.
TRUSTEE KRUPSKt: Yes, I see, but what Mr. Flynn also brought
up a few good points on this. We do not have CAC comments for
one thing, and we do not haue a site plan in the file and we
need a survey with a location drawn on it so We have something
to go on f~r the record. W~ need that location.
TRUSTEE S~tTH: You say temporary, are you gonna take it out
durin~ ~h~winter?
MR. GOIDS~ITH: It can be removed at any given time.
Board of Trustees 9 Sept. 30, 1993
TRUSTEE SMITH: In other words you're saying is its not
permanently attached at the bottom except by its own gravity.
MR. ~OLDSMIT~: And let me say this, as far as the safe use is
concerned, I think that a sea plane and a sea plane pilot or any
pilot for that matter, there is no one who has more safey in
mind than a pilot. I can't say this is true for people who
operate boats or jet skiis. You're not gonna find any safer
person who drive planes.
TRUSTEE KRUPSKI: Another point that Mr. F1ynn brought up and
that is a matter of zoning. You can't use a sea plane in an M-2
zone.
MR, GOLDSMITH: A sea plane base. I'm not applying for a sea
plane base. A sea plane can come and go.
TRUSTEE KRUPSKI: I don't know if you ever received this
material. I don't know if it was ever sent to you. Alternative
to a CCA ramp. There's a material that is sort of a large
plastic fabric. That would be lamed down on the site and the
vegetation would be allowed to grow through it. It's made to
hold the material and bank together so the bank does not erode.
And it can be used as a ramp or road. But like Henry said,
"what's the advantage of having a temporary .... do you have
another ramp on the site?th n a la ram ·
MR. GOLDSMITH: No, other .a P Y ~ ~ t a
LINDAFLETCRER: I would like to n? exa~ElY~as sea plane
base is, 'a~d if a particular one plane is al y staked at a
marina, where does the plane go, is it always there, is the
plane, yours~
~R~ GOLDSMITH: No, it's not my plane. I rent the dock space to
the owner of the plane. It comes and goes, stays there during
the week, and is used to take the owner back and forth from
York to Wes~ Hampton. but the pilot lives in Nassau Point, ana
for dock space in my marina, but the boat is not an
nature so it has to be taken out of the water
oc¢ nally to keep it clean.
LIND~ FLETCHER: Are you saying that a base then is when you
hame more than one plane?
~R. GOLDSMITH: I would say just that. In the winter time this
plane goes to Maine.
~R~STEE KRUPSKI: I think that's one of the problems here. If
we can define a sea plane base and whether a lot of concerns
here are zoning.
TRUSTEE KRUPSKI: All we're concerned is this ramp.
MR. GOLDSMITH: A sea plane is another whole different
ballgame.
TRUSTEE KRUPSKI: I'm gonna make a motion to table this
because we need co, m,ents from the CAC and we also need a
survey with a site plan for the whole site, an updated survey
with a ramp shown in it so that we will know the exact location.
TRUSTEE SMITH: I would like to make a motion we close the
hearing.
TRUSTEE ALBERTSON: so moved.
TRUSTEE TUTHILL: Second. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion we table the decision until
we get comments from CAC and site plans from Mr. goldsmith.
Board of Trustees 10 Sept. 30, 1993
TRUSTEE ALBERTSON: Second. ALL AYES
~:20 p.m. In the matter of HARRY HOHN requests a ,permit to
construct a 4' X 240' catwalk as shown on map dated August 3,
1993. Located Aborn Lane, Cutchogue~ SCT~4 %118-6~1 & 1.3
TRUSTEE KRUPSKI: Do I have anyone here to speak on behalf of
this application?
MR. HOH~: I have been before this board several times since I
bought 8 acres out on Nassau Point. You have allowed me to
construct a house out there and I have 3 houses out there and
you have allowed me to sub-divide into 3 parts. Two of the
houses have direct access to the Bay and this catwalk will allow
me to have direct access to the third house. You have all the
information there so I respectfully requests permission to build
the catwalk.
TRUSTEE KRUPSKI: Is there anyone here with comments against
this application?
LINDA FLETCHER: I am here on behalf of the North Fork
~nm~ntal Council. I'm going to read the comments irom
-~'~ .... ~-- - CoordinatOr and could not
Lin~a Levy who is our Southold Town ,
come this evening. "Dear President Bredemeyer and Southold
Trustees: On behalf of the NorthFork Environmental council
(NF. EC),'I would like to raise a number of matters of concern
r~garding this application. The Negative Declaration issued on
August 26, 1993 lists thiS as a Type II action, we believe that
this shOuld be designated an unlisted action~ as it is not an
accessory use. Th~ catwalk is to be constructed a~ross a pond
and:onto a beach of~ the Peconic Bay. This is a Critical
Environmental Area (CEA); all unlisted actionsis a CEA are
by statute Type I actions. (see Section 617.4(h) and.617.12(12)
of 6 NYCRR Part 617). Therefore, the Short Enviro~ental
assessment Form is inadequate and a Long Environmental
Assessment Form m~st be submitted~ The Negative Declaration
alsO states that no significant adverse effects tO the
environment will occur as a result of this action, we
disagree. The pond is home to osprey, egrets., blue herons, and
swa~s. It is a~so a feeding ground for migratory ibirds, '
including Canadian geese, mergansers, an~ buf~lehead'duc~s~_
This catwalk will disrupt the feeding and nesting area or tnese
bi~ds, as well as obstructing the "take-off~ and landing"
~atterns of the larger birds. In addition, the catwalk ends at
he beach, in the middle of a tern nesting area. The proposed
~atwalk is necessary to provide access to the beach. There is
n existing pathon the applicants' own propert~hich.~a? been
used aSthe beach access ~or prior residents. Tnls path nas
been used for several decades. Any impact its use might have on
the pond has already been experienced, the catwalk will add a
new burden on this environment. Just because the pond is not
"pristine'~ is not sufficient reason to further jeopardize this
habit~ The applicant has a history of disregard for the
restrictions of this wetlands area. In 1990 the Trustees
info~ed the applicant that "any further activity in the area
without .... a permit...may result in a violation". The NYS
Board of Trustees 11 Sept. 30, 1993
Department of Environmental Conservation (DEC) has also issued a
violation on this property. We do not believe that disregard
for the regulations of our Town and State should be rewarded by
granting a permit for an unnecessary and enviror~entally harmful
structure. In conclusion, the NFEC must insist that the
Southold Board of Trustees take another look atthis
application. It must be designated a Type I action with the
corresponding submission of a Long Environmental Assessment Form
[LEAF) to ade~ately address the potential impact on the habitat
of this pond. In fact, we believe that the application demands
a full Environmental Impact Statement. We would suggest that
re-examination of this proposal might indicate that the
construction of a catwalk will cause much greater harm to the
environmental than the continued use of the already existing
pathway. Thank you. Sincerely, Linda Le~y, Southold
Coordinator, North Fork Environmental Council.
(Due to a malfunction in recorder was unahte to hear meeting at
this point)
TRUSTEE KRUPSKI moved to suspend the hearing, TRUSTEE SMIT~
seconded. ALL AYES
9:08 p.m. - In the matter of Donald Cocks on behalf of
MATT,~-MARMARINA to erect a green chain link fence to the
existing retaining wall on south side of property 5' in height,
then runs inside property along WickhamAve. (east border) to
north side. (all 6' high chain link) Located south east end of
Mattituck Creek, 500' north of intersection of Route 48 and
Wickham. SCTM ~114-3-1
TRUSTEE SMITH moved to close the hearing, TRUSTEE TUT~IL~.
seconded. ALL AYES
TRUSTEE SMIT~moved to approve this application, TRUSTEE TUT~ILL
seconded~ ALL AYES
9:10 p.m. - In the matter of DONALD & LOP~NA TUT~ILL to construct
a one-family dwelling as per survey dated May 19, 1993. Located
Long Creek Drive, Southoldo SCTM ~53-3-28
TRUSTEE SMITH moved to close the hearing, TRUSTEE ALRERTSON
seconded..
TRUSTEE SMITH moved to approve this application subject to CAC
comments, TRUSTEE ALBERTSON seconded, ALL AYES
9:13 p.m. - In the matter of,Land Use Co., on behalf of ROBERT
~!'to construct a 4' X 30 timber dock elevated a min. of
~i,~'~6v~r grade with a 3' X 10' ramp and a 6' X 20' float for the
private dockage of a recreational vessel. Located Cedar Point
Drive East, Southold. SCTM ~92-1-2.1
(at this p0~nt recorder went on)TRUSTEE SMITH: I don't see why
he can't bold this thing back.
MR. LOUCKA~ I don't think he's gonna have water, because
there's
TRUSTEE KRUPSKI: Wait, there's too many questions. I think
I'll make a motion to .... should we suspend the hearing? Because
· Board of Trustees 12 Sept. 30, 1993
he should either stake it or propose to move it to the other
side and find a place with a little more room and then stake it
also.
TRUSTEE SMITH: If he wants to stake it, I don't know how big of
a boat he has, but I would like to see it staked.
TRUSTEE KRUPSKI: Do you want to suspend the hearing, or do you
want to end the hearing?
TRUSTEE SMITH: I would say suspend the hearing for now, because
he's probably not going to put this dock in until spring anyway.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: Mr. Alcus is to have this staked and put on
r for October inspection.
9:18 p.m. - In the matter of NORTH FORK COUNTRY.CLUB to
construct i6th tee and other operations as described in the
enclosed project description and survey dated as revised August
26, 1993. Located Main Road, Cutchogue. SCTM ~109-4-7.1
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak
against this project? Is there anyone here who wishes to speak
in favor of the project.
MR. GILL PINK~M: I represent the North Fork country Club, if
you have any questions.
MR. LOUCKA: We have co~L~ents from CAC and we approve it.
TRUSTEE KRUpsKI: Does the Board have anything to say or to
add? Let me read the CAC co~ents. "Recommends approval with
understanding that runoff be contained and native vegetated
buffers areas be maintained. We have also amended~ the plan.
Are there any other comments? I'll make a motion to close the
hearing.
TRUSTEE SMITH: So moved. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion to approve the application
with a change of the 15th tee area B is not to be disturbed at
all, is not to be replanted, cut, mowed, regraded, bulldozed or
disturbed.
TRUSTEE SMITH: %LL AYES.
1. to construct a one family dwelling with
excavatl ~ for foundation, slab, and septic system as per survey
dated 5/14~/93. Located Route 25 East Marion. SCTM ~23-1-6
TRUSTEE KRUPSKI moved to table this application due to the whole
Board to Inspect i~ October.
TRUSTEE ALB~TSON: Second. ALL AYES
to
2. En-Con~tants 3~nc~, on behalf 4' fixed elevated
construct ~%imber dock consisting of a
(3' X 6~ ab~ grad~ of marsh) walkway; 3' X 16' ramp and a 6'
X 20' ~ ~t-secured% by (2) 9" pilings. Located Orchard Lane,
Southold~ ~CTM 989~3-9 & p/o 8.1
TRUSTEE A~ERTSON moved to approve FOR A Negative Declaration,
TRUSTEE T~F~ seconded. ALL AYES
Board of Trustees 13 Sept. 30, 1993
3~. En-Consuitants Inc., on behalf of RUSSELL MC CALL-to
~emove approx. 2,000 c.y. of fill, concrete and other debris
dumped in marsh by previous owner. Present owner seeks to
restore disturbed area to fo£mer condition as a marsh and to
re-establish tidal flow via presently blocked drains to marsh to
east. Located New Suffolk Ave., New Suffolk. SCTM ~116-6-7
TRUSTEE SMITH Moved to approve for a Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
4. Eh-COnsultants Inc., on behalf of~FRANCIS X. S~ITH.requests
a permit to construct a stairway on face of bluff over bulkhead
and outer beach. It will consist of a 4' X 8' platform, 4' X
25' steps, a 4' X 8' walkway and a 5' X 5' platform and a 3' X
8' steps. Located 1315 North Parish Drive, Southold. SCTM
~71-1-13
TRUSTEE SMIT~moved for a Negative Declaration, TRUSTEE TUTHILL
seconded. ALL AYES
5.~ Eh-COnsultants Inc., on behalf of JOYCE R. ANDERSON requests
a Wetland Permit to extend existing southerly return by 10'.,
construct new 20' northerly return, replace tie-rods and deadmen
in existing bulkhead and backfill with 25+/- c.y. of clean sand
fill to be trucked in from upland source and delivered over
owner's property. Remove and replace an existing 4' X 8'
staircase. Located 2625 Bayshore Road, Greenport. SCTM
~53-4-21
TRUSTEE SMITH moved for a Negative Declaration, TRUSTEE TUTHILL
seconded. ALL AYES
6. Jack Foehrenbach on behalf ~f~BLUEPOINTS COMPANY INC.,
requests a permit to construct i~0~' X 4' open Pile pier and
place 4 prefabricated 8' X 30' open tanks in adjacent area.
Tanks would be serviced by a 2,000 GMP pump enclosed in a 5' X
5' structure. Intake and outfall pipes would run underneath the
pier and the tanks connected in parallel. Located foot of Love
Lane, ~attituck. SCTM 9140-1-23.1
TRUSTEE KRUPSKI moved to table Until some concerns regarding
tanks are satisfied, TRUSTEE ALBERTSON seconded. ALL AYES
7. Costello Marine on behalf requests permit
to resheath approx. 102~ of jetty, extend
inshore section 24' landward and backfill scoured void area with
approx. 64 c.y. of clean fill from approved source. Located
Bay Home Road, Southold. SCTM ~56-5-1.2 & 2
TRUSTEE ALBERTSONmoved to approve for a Negative Declaration,
TRUSTEE SMITH seconded. ALL AYES
8. En-~nsultants Inc., on behalf of NUNN~AK~Fn% ~
ASSOC~ ~NC., to construct a timber retaining wal 1.f.
~rali (inCluding returns) generally at or above line of
apparent ~igh water and backfill with 170+ c.y. of clean sand to
be truck~-in from upland source. Wall is necessary to prevent
further k~ss of land and protect road lying close to eroded bank
which p~v~des access to marina and beach for members of the
Board of Trustees 14 Sept. 30, 1993
association. Existing docks will be unusable due to loss of
fill ~nd shoaling of dockage area. The site suffered severe
erosion from the 12/11/92 storm. Expedited prior to opening of
facility in the Spring. Located W~mpum Way, Southold. SCTM
~87-2-40.t & 40.2
TRUSTEE SMITH moved to approve for a Negative Declaratioll,
TRUSTEE ALBERTSON seconded. ALL AYES
VI. RESOLUTIONS:
1. Board to request Ray Jacobs to place 2-4' X 8' plywo
at Hallocks Bay stating local laws at a charge to Truste
budget.
TRUSTEE SMITH moved to approve, TRUSTEE ~3~BERTSON second d.
ALL AYES
2. Board to request permission to place 2-4' X 8' plywood signs
in Haltocks Bay stating local laws.
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI seconded. ALL
AYES.
3. ~ARLOTTE MDTLLEN requests an amendment to Grandfather
Permit to add retaining wall, stone revetment as shown n survey
dated June 29, 1993. Located Mill Creek Drive, Southol
SCTM ~51-6-33
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON second.ed,
ALL AYES
4. Deborah Dory on behalf o'f GERAR~ & MARILYN LAND req
Grandfather Permit for a 17" X 53" wide X 16 1/2' long
89' retaining wall with a 3' return and a 16 1/2' X 2'7' r_~p.
Located 975 Cedar Point Drive West, Southold. SCTM ~90-~1
TRUSTEE KRUPSKI moved to approve, TRUSTEE ALBERTSON sec ~nded.
ALL AYES
5. Costello Marine Construction Co., on behalf of ~PATRICIA
'N~N~ requ~ sts a Gra,ndfather Permit to repl.ace
nd/inDlace 4' X 99 of dock with access s~eps on DO~
sides, a 10' X 13' ~'L" dock, replace ~nklnd/~nplace 7
backing system, install 158' of .upper reta.ini~n_g w~alI,_an.d _
backfill with 90 c.y. of clean fill. Locate~ ±n~ian Neck ~ane,
Peconic. SCTM ~86-7-5
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI second~ ~. ALL
AYES
6. Co~tello Marine Construction Co., on behalf of
~ ~equests a ~randfather Permit to replace ap )rox.
'~?~~~i~ti~ timber bulkhead inkind/inplace and to
backf~lI-~i~h 2~ c.y. of clean fllt. Located Wunneweta Road,
Nassa~ ~P0~nt, Cutchogue. SCTM ~111-14-34
TRUSTZ~..~UPSKI moved to approve, TRUSTEE SMITH seconded. ALL
AYES
)d signs
eats a
~ock, and
Board of Trustees 15 Sept. 30, 1993
7~ J.M.O. Consulting on behalf of GERALD & SHIRLEY WEXLER
proposes to maintenance dredge an existing boat ramp 80' X 25'
to a depth of -4', to maintenance dredge an existing boat basin
(45' X 34') to a depth of -4'. The resultant spoil (approx.
530 c.y. of sand) shall then be placed in groin compartment.
Sand may be removed from ramp and basin by utilizing payloader
and or backhoe. Located Beach Court, East Marion. SCTM
~37-7-9.1
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
8. Eh-COnsultants Inc., on behalf of EUGENE BURGER to construct
a timber dock consisting of a 4' X 40' fixed elev. min.
above grade of marsh pier (plus steps), a 3' X 16' hinged
ramp,,a 6' X 16' float secured by _(2) pilings. Place approx.
t0 c.y. of sand and grade into a berm approx. 3' wide at the
base and 1,5' high to extend the width of the parcel (68+/-)
above AHW and wetlands. Following grading berm will be
planted with Ammophilis BreviligUlata on 18" contours, as
per survey dated 9/26/93. Purpose of berm is to prevent
occasional flooding of upland as secured during 12/92 & 3/93
storms. Located 25t5 Pine Tree Road, Cutchogue. SCTM ~104-3-4
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
Whereas, a Draft Environmental Impact
or Brick Cove Marina (Action),
and whereas, theDEIS contains extensive analysis pertaining
to the Action particularly concerning the environmental impac%s
and mitigation associated therewith and is adequate for public
review, Now Be It, Resolved, that the Southold Town Board of
Trustees deem the DEIS complete; And Be It Further Resolved,
that a Notice of Completion of DEIS be filed in accordance
with the provisions of the State Environmental Quality Review
Act and Chapter 44~ of the Town Code; And Be It Further Resolved,
that copiesof the~DEIS will be sent to ali Involved Agencies
and maintained for~ublic inspection at the office of the Town
Trustees and the S~thold Town Library; And Be It Further
Resolved, that the ~outhold Town Board of Trustees will conduct
a public hearing o~ the DEIS on October 28, 1993.
TRUSTEE KRUPSKI mov~t to approve the resolution, TRUSTEE
ALBERTSON seconded~ ALL AYES
i~;~Siii~E ~.Whe~as, a Draft Environmental Impact Statement
(DEIS)predated, fo~ a project known. . as Gustave. b theWadesouthold(Acti°n)Board
,.,===~L~ ~= aa~uate for public review Y
...... ~ ...... ~- ne
of Trustees (Trustees) on May 26, 199~, And Wher~a~ ? .....
Trustees notioes th~DEIS in the local papers and aistrlDuteu
all 5[nvolved Agencies, And Whereas the Trustees
the DEIS amo~
received ~_~al~written commen~s per=aln~n9 uu =~ ·
And Where m% a F!natl Environmental Impact Statement (FEIS) was
prepared a f'-~ ~ ad.i'~essed all co~m,ents raised in connection
with the Ac%~ Nc~ Be It Resolved, that the Southold Town
''Board of Trustees 16 Sept. 30, 1993
Board of Trustees deem the FEIS to be complete; And Be It
Further Resolved, that a Notice of Completion of Final EIS be
filed in accordance with the provisions of the State
Environmental Quality Review Act and Chapter 44 of the Town
Code, And Be It further Resolved, that the copies of the FEIS
will be distributed among all involved agencies and maintained
for p~,hlic inspection at the office of the Town Trustees and the
Cutchogue Free Library.
TRUSTEE KRUPSKI moved to approve this resolution, TRUSTEES
ALBERTSON seconded. ALL AYES
VII. MOOR¥I NGS :i
1. iJAMES F..'PRESTON requests a mooring in town Creek for a 32'
inboard with a 350 fore and 225 aft anchor. Access: Public
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI seconded. ALL
AYES
_~.~ ROBERT ~L~ G~AMM~ ~QN ~equests a mooring in Town Creek for a
30' 'sail boat with a 500 1.b. fore and aft. Access: Dock of
AntOinette Notaro located Youngs Road East, Southold.
TRUSTEE SMITH moved to approve with stipulation that he get in
touch with Bay Constables as to location of mooring. TRUSTEE
ALBERTSON seconded. ALL AYES
3. ~requests a mooring in Mattituck Creek for a
24 with a 200 lb. mushroom. Access: Boat
ramp.
TRUSTEE SMITH moved to approve with stipulation he get in touch
with Bay constable as to location of mooring, TRUSTEE
ALBERTSON seconded. ALL AYES
~ 4. ~ DE~ANN~'AL~ERT~requests an onshore stake in Richmond Creek
for a 12' sailboat on South Harbor Road.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AyES
5.~i~i.~QN~~~..!~requests a mooring in James creek for a
3i" inboard with a 200 lb. mushroom. Access: Public.
TRUSTEE KRUPSKI moved to approve with stipulation that he get in
touch with Bay Constables as to location of mooring, TRUSTEE
ALBERTSON seconded. ALL AYES
ts an off'shore
· n ~0~se Creek for a 14' Access: Deeded RO~.
TRUSTEE KR~SKI moved to table this application until she gets
permission ~rdm neighbors on ROW, TRUSTEE SMITH seconded. ALL
AYES.
Meeting ~jo~n~d at 10:25 p.m.
' 'Board of Trustees 17 Sept. 30, 1993
Respectfully~ Submitted By:
Diane J. Herbert, Clerk
iRECEIVED AND ~/LED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Southold