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HomeMy WebLinkAboutTR-12/21/1993-S Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 MINUTES SPECIAL MEETING DECEMBER 21, 1993 PRESENT WERE: John M. Bredemeyer, III, President Albert J. Krupski~ Jr, Vice President William G. Albertson, Trustee John B. Tuthill, Trustee Henry P. Smith, Trustee Jill M. Doherty, Clerk WORKSESSION: 6:00 P.M. Trustees Bredemeyer, Smith and Tuthill received certificates of appreciation for outstanding service to the Board of Trustees from Trustees Kr~psk~ and Albertso~. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE Approve minutes of: December 6, 1993 regular meeti~. On a motion made by Trustee Albertson and seconded by Trustee Krupski the minutes where approved. All Ayes. I. AMENDMRNTS/WAIVERS/CHANGES: 1. EDWARD FERGUS - Board to amend dock permit 93815. Current approval of dock is in the way of navigation. After a discussion With Mr. Fergus and complaints from the neighbors it was resolved to move the dock back approx. 8' to meet the requirement of the boat at dock to be no more then 1/3 across the water way. ALL AYES. 2. Larry Tuthill on behalf of JO~ DILLER request to amend permit 9145-2-1.1 thru 1.6 to construct an upper bulkhead as drawn on plan for a total length of 232'. Trustee Krupski approved the amendment, Trustee Smith seconded the motion. ALL AYES. 3. Jamie Richter, Town Engineer on behalf of the Soutkold Town Highway Dept. request a waiver to upgrade the newly acquired road ending at Sage Basin as per Town Code. Trustee Krupski made the motion to approve with drainage basin and request contain as much runoff as possible, Trustee Bredemeyer seconded. ALL AYES. II. PUBLIC HEARING: 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 TI~ES AND A AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER-WATC~AN. PERTINENT CORRESPOND~CE MAY BE REA~ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR CO~ENTS ORGANIZE~ AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE 7:15 P.M. - In the matter of Glenn Just on behalf of ELOISE G. TORRANCE et-al request to install a boulder barrier approx. 120' in length along shoreline damaged during the storm of Dec. 1992. Boulders shall be placed on filter fabric along the bottom of the eroded bank at a point approx. 6' landward of MHW line and if possible, continuous with neighbor to south, as per survey dated 3/29/93. Located Private Road, Fishers Island. TRUSTEE BREDEMEYER: Explains who inspected arzd that neighbors should apply for separate permit to repair their wall. Is there any comments from the public? (none). Any comments from the Board? Hearing none I take a motion to close this hearing. Moved by Trustee Albertson and seconded by Trustee Krupski to close the public hearing. ALL AYES. A motion was made by Trustee Smith and seconded by Trustee Krupski to approve Eloise G. Torrance et-al application under Chapter 97 and Chapter 37. ALL AYES. III. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. Glenn Just on behalf of W.L. Lyons Brown, III request permit to construct a 4' X 100' dock to be 4' above grade. Also to construct a one-family dwelling as per plans dated 9/19/93. LocatedEquestrian Ave., Fishers IslAnd. Mr. Just will supply soundings prior to public hearing. A motion was made by Trustee Krupski and seconded by Trustee Smith to issue a negative declaration on this project. ALL AYES. IV. RESOLUTIONS: 1. SOUNDVIEW RESTAURANT request a Grandfather permit and a CEHA permit for bulkhead as per survey dated October 23, 1965, amended December 6, 1993. Located Rt. 48, Southold. 96' bulkhead that was repaired from 92 storms and finally paperwork was all in order. A motion was made by Trustee Smith and seconded by Trustee Tuthill to approve Grandfather peimit and Coastal Erosion peimit. ALL AYES. 2. Peconic Land Trust on behalf of the Plock Family request that the Trustees approves the concept of a conservation easement to be donated to the Peconic Land Trust from the Plock family. This was discussed at the work session and a proposed resolution was read. A motion was made by Trustee Krupski and seconded by T~stee Albertson to approve the above with the prevision of checking the language with the Town Legal Department. ALL AYES. 3o GERALD SCHULTHIES - Board to amend the resolution of December 6, 1993. A motion was made by Trustee Bred~meyer and seconded by' Trustee Krupski to suspend as appose to rescind the permit until such time that the ownership in question is adjudicated. ALL AYES. 4. BRICK COVE MARINA Finding and Decision. Located Sage Blvd., Greenport. I would like to announce to anyone here this evening that a ministerial ezror lead to a defect in a publishing of a notice whic-h may have lead any reasonable person would think they could be heard. In reality we had closed the public hearing in this matter and as such that has been concluded. The clerk noticing that an error had been made attempted to have the public media withdraw and provide an amended notice which was published on the 16th of December. This is not a hearing and would announce that has been concluded, but as has been the past practice of the Trustees we would have not objection to anyone addressing the Board on this or any matter. Each of the Board members are in receipt of the resolution in the matter of the findings. I will read it to the Boardand for their consideration and vote in the matter. TRUSTEE KRUPSKI: Read Findings Statement State Environmental Quality Review Findings Statement WN Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law, 6 NYCRR Part 617, and Chapter 44 and 97 of the Southold Town Code, the Southold Board of Trustees as lead agency, makes the following findings. Name of Action: Brick Cove Marina Description of Action: Applicant proposes to modernize and improve marina operations from 91 previous boat slips to 138 boat slips and three ancillary boat slips including fuel dock, work boat slip and service slip on a site formally, known as Young's marina, 12.5 acres in size of which 4.2 acres are owned underwater land. Also, the action includes improvement of parking areas, landscaping, marina head pump-out facilities, installation of a paved washdown platform with sediment and oil separation system, a storm drain interception system for parking area, and relocation and improvement of the existing on- site sanitary system. The improvements to the marina also include dredging of approximately 2900 cubic yards, 350 cubic yards of slope dredging, and approximately 550 cubic yards at the basin entrance to the marina inside the basin. Location: 1670 Sage Boulevard Town of Southold Suffolk County, New York Agency Jurisdiction(s): Southold Town Code Chapter 97 (Wetlands) Date Final EIS Filed: December 6, 1993 Facts and Conclusions in the EIS Relied Upon to Support the Decision: The following potential environmental impacts are associated with the Action. They include: (I) Impact to land (beaches, uplands and tidal wetlands); (2) marina construction/operation and associated activities; (3) groundwater impacts; (4) erosion impacts; (5) incompatibility with existing drainage patterns; (6) rare species impacts; (7) fish, shellfish and wildlife impacts; (8) compatibility with surrounding land use; (9) recreational opportunities; (10) traffic; (11) increase in energy usage; (12) public health impacts. In addition, the following comments were raised in connection with the DEIS which were subsequently addressed in the FEIS. The include: (13) access, (14) impacts to surrounding property values and (15) the chemical quality of dredge spoils. (1) With respect to Impact to Land, the EIS disclosed that such impacts were related to the upland improvements. These impacts included grading and other alterations of the land for parking areas, drainage improvements, relocation of sanitary system, State Environmental Quality Review Findings Statement Page 2 construction of a washdown platform and the temporary stockpiling of dredge spoil. These impacts are mitigated to the maximum practical extent by design and layout, landscaping and the use of hay bales as may be required in permit condition. (2) With respect to marina operation/construction and associated activities, the EIS disclosed that such impacts are mitigated to the maximum practicable extent. These mitigation measures are largely addressed through project design such as construction of washdown platform, stormwater control, environmentally benign dock material and construction, dred~ng which will improve flushing, use of non toxic antifreeze, waste management, pump-out and vessel discharge control. (3) With respect to groundwater impacts, the EIS concluded that groundwater was essentially absent as the subsurface is largely comprised of clay. The EIS also discloses that the site is served by public water. (4) With respect to erosion impacts, the EIS concluded that the site was relatively flat. Any erosion from upland improvements can be mitigated to the maximum extent by appropriate placement of hay bales as may be required in permit condition. (5) With respect to incompatibility with existing drainage patterns, the EIS disclosed that such impacts are minimized to provide for stormwater runoff control. Such stormwater runoff control will have a positive environmental impact. (6) With respect to rare species impacts, the EIS discloses the existence of three Coastal Significant Habitats as well as the presence or potential presence of the osprey and northern harrier. The EIS concludes that impacts to these resources are either absent or insignificant because the Coastal Significant Habitats are off-site and surrounded by more intensive development and that no impact to nesting or foraging including food chain effects exists with respect to rare species. (7) With respect to fish, shellfish and wildlife impacts, the EIS concludes that impacts to resources is insignificant and controlled to the maximum practical extent. The EIS discloses wildlife resources identified in previous investigations and investigations conducted more recently (as part of the EIS) to be substantially similar. Habitats relied upon by fish, shellfish and wildlife species are preserved by virtue of enhancement of water quality brought about by improved flushing, vessel discharge control and preservation of wetlands and beaches. State Environmental Quality Review Findings Statement P~e3 (8) With respect to compatibility with surrounding land use, the EIS discloses that the proposed marina expansion is consistent with zoning and the historical use of this property. (9) With respect to recreational opportunities, the EIS discloses that the marina will provide for additional recreational opportunities (i.e. boating) by virtue of expansion and such impact is viewed as positive. (10) With respect to traffic, the EIS discloses this impact to be mitigated by pursuing a development proposal that is less intensive than what is permissible by zoning and what was previously proposed. Furthermore, the EIS discloses reduced traffic impacts to the right of way and Route 25 when viewed in context with the development of other lands beyond subject property boundaries which also utilize the right of way and therefore, Route 25. (11) With respect to increased energy use, the EIS discloses the use of high eff~ciency lamps and automatic controls which mitigate this impact to the maximum practicable extent. (12) With respect to public health impacts, the EIS discloses the control of vessel pump-out by way of sealing "Y" valves and providing pump-out facilities to eliminate the direct discharge of sewage to surface waters thereby controlling this impact to the maximum practicable extent. (13) With respect to access, the EIS discloses that access to subject property is adequate with respect to vehicle passing and emergency access. The EIS discloses that no plans are proposed for widening the access. Finally, the applicant seeks approval for a proposal that is less intensive than permissible by zoning and what was previously proposed and, in this way, impacts related to access are mitigated to the maximum practical extent. (14) With respect to the impact to surrounding property values, the EIS discloses that no such impact will occur. (15) With respect to the chemical quality of dredge spoils the EIS reveals that dredge spoils from marinas can contain heavy metals. However, sediments in these marina waters were previously analyzed, the results of which indicate low levels to have been present. Dredge spoils have since been removed from site and thus any impacts related thereof have been mitigated to the maximum practicable extent. State Environmental Quality Review Certification of Findings to Approve Having considered the Draft and Final ElS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, and Chapter 44 and 97 of the Town Code, this Statement of Findings certifies that: 1 The requirements of 6 NYCRR Part 617, and Chapter 44 and 97 of the Town Code have been met. 2. Consistem with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the environmental impact statement. 3. Consistent with the social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigation measures which were identified as practicable. 4. Consistent with the social, economic, environmental and other essential considerations, the proposed project includes design aspects that will provide for improved environmental protection. 5. Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will adequately achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. 6. Consistent with the applicable standards of Chapter 97 of the Town Code, this action will not substantially affect the wetlands of the Town, fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitats thereof, and otherwise not substantially and adversely affect the health, safety and general welfare of the people of the town. Southold Board of Trustees ~,-/John M. Bredemeyer, ~ President Southold Board of Trustees P O Box 1179 Southold, New York 11971 Date TRUSTEE BREDEMEYER read the last page of the findings and~th& fo. HoWing resolntion. WHEREAS, the owner of Brick Cove Marina ("Applicant") has proposed to modernize and improve marina operations from 91 previous boat slips to 138 boat slips and three ancillary boat slips including fuel dock, work boat slip and service slip on a site formally known as Young's Marina, i2.5 acres in size of which 4.2 acres are owned underwater lands, improve parking areas, landscape, install and maintain a marina head pump-out facility, install a paved washdown platform with sediment and oil separation system, install a storm drain interception system for parking area, relocate and improve an existing on-site sanitary system, and dredge 2900 cubic yards 350 c,~hie yards of slope dredging,.and approximately 550 cubic yards at the basin entrance to the marina inside the basin ("Action"); AND WHEREAS, the Board of Trustees as an operating entity was created over 315 years ago to help manage the Town's common natural resources and has been empowered to regulate wetlands pursuant to Chapter 97 of the Town Code; AND WHEREAS, THE Board of Trustees has assumed Lead Agency pursuant to the provisions in the State Environmental Quality Review Act ("SEQRA") and are familiar with the Action, site conditions and the surrounding environment; AND WHEREAS, the Board of Trustees received a Draft Environmental Impact Statement ("DEIS") for the Action and deemed it complete on September 30, 1993; AND WHEREAS, the Board of Trustees held a public hearing on October 28, 1993 and accepted a Final Environmental Impact Statement ("FEIS") on December 6, 1993 which addressed all comments raised in connection with the Action and the DEIS; AND WHEREAS, the Board of Trustees have considered the Environmental Impact Statement and the required Findings Statement; NOW BE IT RESOLVED, that the Board of Trustees find that the requirements set forth in ~SEQRA and Chapter 44 of the Town Code have been satisfied; AND BE IT FURTHER ~RKOLVED, that the Board of trustees find the Action to be consistent with the social, economic and other essential considerations from among the reasonable alternatives in minimizing or avoiding adverse environmental effects to the ma~mum extent practicable, AND BE IT FURTHER RESOLVED, that the Board of Trustee find the adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision, those mitigation measures which were identified as practicable, AND BE iT FURTHER RESOLVED, that the Action is consistent with the standards of Chapter 97 of the Town Code, and will not substantially affect the wetlands of the Town, substantially and adversely effect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitats thereof and otherwise not substantially and adversely affect the health, safety and general welfare of the people of the town, AND BE IT FURTHER Rv-qOLVED, that the Board of Trustees approve the Finding Statement prepared for the Action and file such Finding Statement with the Commissioner of the NYSDEC for publication in the Environmental New Bulletin; AND BE IT FURTMRR R~MOLVED, that the Action is hereby approved subject to the following conditions: 1. Lateral movement of residual spoil shall be controlled by the placement of hay bales placed end to end and firmly staked into place along the boundaries of the "Temporary Spoil Disposal and Dewatering Location" as designated on the survey prepared by Peconic Surveyors, P.C., last amended August 10, 1993 ("Survey"). Such hay bales shall remain in place until landscaping is completed. 2. A row of hay bales placed end to end and staked into place shall be placed along the seaward boundary of the proposed storm drain interception system water except where it crosses the asphalt ramp and washdown platform. The hay bales shall remain in place until the parking areas, stozm drain interception system are constructed and the landscaping is completed. 3. The stormwater interception system and washdown platform shall be constructed in accordance with the Survey. 4. Ail power washing of boat bottoms shall be limited to the washdown platform as depicted on the Survey. 5. The washdown collection system shall be periodically maintained and accumulated materials shall be disposed at a suitable upland location. 6. Ail septic leaching systems within 75 feet of wetlands as identified on the survey shall be relocated outside of 75 feet from same. 7. Ail proposed landscaping except turf with 75 feet of mean high water shall be of species native or near-native to Long Island as to preclude the need for regular fertilizer or biocide application. All turf shall be of fescue or similar low maintenance variety. 8.' The marina shall continue to provide clean restrooms available 24 hours a day for the use of marina patrons. 9. A boat pump-out facility shall be maintained for the collection of boat wastes for the use of all boaters docked at Brick Cove Marina and vessels coming to same. The marina may charge a fee for the use of the pump-out facility as to cover its costs of purchase and operation. 10. Ail boats docked at the marina having fixed installed toilets shall also be equipped with holding tanks which per~,it the collection and pump-out of boater wastes. 11. Ail seacocks of sanitary system "Y" valves shall be in closed position and sealed 'by means of suitable tag or device. · 12. Logs shall be'maintained of use of the pump-out facility and shall indicate for each boat and owner having been serviced: the date of pump-out, name of employee servicing pump-out, the vessel registration number, the volume of pump-out, and "Y" valve seal date. 13. Logs shall be made available to the Board of Trustees, Bay Constable and any federal, state or local public health, environmental or building code enforcement official requesting same on any unannounced inspection. 14. Collected boat wastes shall be disposed at the scavenger treatment plant, or in the septic system on site. The marina shall maintain records including receipts from treatment plants is ~pp£opriace, or date and volume of pump-out if disposed in an on-site septic system~ 15. The Applicant shall install an osprey nesting platfozm at the 9.0 foot spot elevation at the southwest terminus of the peninsula adjacent to the channel entrance to the marina (designated as 9.0 on the Survey) in accordance with the attached plans and specifications. 16. Specific language in the leases of prospective marina patrons shall include provisions to control engine noise with mufflers and secure all loose halyards with proper tie offs or face loss of marina privileges. 17. Docks proposed as the innovative floating design shall be maintained with the same functional attributes as described in the Environmental Impact Statement for this proposed project. 18. There shall not be more than 138 boats on the site excluding the temporary docking of a boat at a service slip or fuel slip, work boats, prams, dinghies or unmotorized row lmoats. 19. Only "non-toxic" anti-freeze shall be used on site. 20. Inspections pursuant to Chapter 97 and this permit shall be performed by the Board of Trustees or Bay Constable upon 24-48 hours notice at a cost not to exceed $280.00 for: a. Installation of hay bales as Permit Condition $1 and $2 (2 inspections). b. Installation or construction of stormwater interception system and washdownplatfo~m (1 inspection). c. Removal of septic system within 75 feet of wetlands and construction of septic system beyond 75 feet from wetlands (2 inspections). d. Inspection of Logs (2 inspections). e. Construction of the Osprey Nesting Platform (1 inspection). 21. The Board of Trustees at its discretion may annually charge the Marina for one inspection at the prevailing inspection fee rate in order to offset ongoing expenses to the Town in monitoring the pump-out compliance requirement of this permit. 22. A copy of these pezmit conditions shall be posted on site. On a motion made by Trustee Bredemeyer and seconded by T~stee Krupski to approve the ~hove findings and resolution. ALL AYES. TRUSTEE BREDEMEYER: Is these anyone here who would like to address the Board in this matter realizing that we had noted that there was a defect that may have been misleading? Mr. Ftynn. F.M. FLYNN: F.M. Flynn resident of the Town of Southold. Rather than comment I would like to ask the Board a short question. Is the president willing to poll the member's of this Board subject to a yes er no answer as to whether they each and individually have examined the Draft Environmental Impact Statement, the Final Environmental Impact Statement and the- comments submitted by other interested parties? TRUSTEE BRE~ER:~ ~ You are asking me this? F.M. FLYNN: I am asking you that as a question. TRUSTEE BREDEMEYER: No, t don't question the voracity or the truthfulness or the work of Board which I sit. These are public officers of the Town and they have already had ample time to review these documents. We have familiarized ourself with the sit over many years. I would not in the last meeting which I serve the public of this Town, I would not ordain to question the Trust that I have in the people and that I have in ~the fellow members of the Board. That is my answer. F.M. FLYNN: What respect is due under the circumstances, that is not the question I asked. I am not questing the capabilities or the voracity of the Board, I am rising a question to the answer. Mainly, did they prior to voting on this matter, each individually examine the Draft Environmental Impact Statement, the Final Ii~ac.t Statement and the comments submitted by interested parties. That is not impugning anybody. That is direct question. TRUSTEE BREDEMEYER: I have no objection to you asking each member individually for the record. I reviewed these documents. I am certainly not one with a photographic memory. I have reviewed these documents and you have heard my satisfaction and you have heard my vote. If you wish to address individual members and they are willing to return their coJmuents to you, I have no objections to that. F.M. FLYNN: Yes, as a matter of fact I would. And for the record, Mr. Smith? TRUSTEE SMITH: Yes. F.M. FLYNN: Mr. Krupski have you examined them? TRUSTEE KRUPSKI: Yes. F.Mo FLYNN: Mr. Albertson? TRUSTEE ALBERTSON: Yes. F.M. FLYNN: Mr. Tuthill? TRUSTEE TUTHILL: Yes. F.M. FLYNN: Thank your. TRUSTEE BREDEMEYER: Is there anyone else who wishes to speak or address the Board? I see no further request to comment to the Board. 5. Cornell Cooperative Marine Program request to buoy the 200' X 200' area previously designated for the Green Seal program. I would move that the Board approve same subject to: an application, a map, a public notice to be published and fee exemption. TRUSTEE KRUPSKI: Second. ALL AYES. Meeting was adjourned at 7:50 p.m. ~espectfully Submitted by RECEIVED AND FILED BY T~ SOUTHOLD TOWN CLE~I~ Town Clerk, Town of Southold