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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