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HomeMy WebLinkAboutTR-01/27/1994 Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 MINUTES JANUARY 27, 1994 PRESENT WERE: Albert J. Krupski, Jr., President John Holzaphei, Vice-President Peter Wenczel, Trustee Martin Garrell, Trustee William P. Albertson, Trustee WORKSESSION: 6:00 p.m. Board skipped to % 3 on Worksession due to the overload of items on worksession. ~3. Matzen/Gardeners Bay Estates - Mr. Matzen spokesperson for Gardeners Bay Estates & Ann Lowry of USUK also spoke. The Boards biggest concern is discharge from boats~ that there be no heads allowed, Board decided to put this item on for future discussion until the new members on the BOard can get a better prospective on this concern. (See letter dated 1/28/94 to Cutchogue Harbor Marina) %8. Cutchogue Harbor Marina - There was discussion on bulkhead, pump-out, water use and septic system reported to have been constructed in regard to conflicting surveys at this marina. Phil Wanat, Marine Consultant and Larry Williams, Manager of Cutchogue Harbor Marina spoke. They agreed to send Trustees an accurate surveys to our Board. The Board will notify the Health Department to perform a dye test to determine the performance of the site sanitary system, and they agreed that this may be done at any time and if necessary more than once a year. They also agreed that the marina secure a copy of the Suffolk County Marine Water Use Guideline and submit this with their application. %11. Richard & Deloris Principi - Richard Principi Jr. spoke on behalf of his mother & father. The Principi's will send a copy of condemned notice on the house. Board informed them that they would need a Wetland Permit and Coastal Erosion Hazard Area Permit, also they would have to go to the Zoning Board of Appeals first. Board of Trustees 2 January 27, 1994 ~12. Legal Files - We may have the possession of a legal file on an applicant and if the applicant or whomever wants to review the file they may see it. If the Board feels that there is sensitive matter in it, we should take the file to the Town Attorney and let her decide if and what should be taken out of the file before the person wan~s to review it. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, Feb. 24, 1994, 7:00 pm WORKSESSION: 6:00 pm TRUSTEE ALBERTSON moved to approve, TRUSTEE GAR~RLL seconded. ALL AYES NEXT TRUSTEE FIELD INSPECTION: Thursday, Feb. 17, 1994 12:00 Noon TRUSTEE ALBERTSON moved to approve, TRUSTEE GARRELL seconded. ALL AYES NEXT EAST END TRUSTEES.MEETING: Thursday, Feb. 17, 1994, 7:00 pm at Town Hall, Southold TRUSTEE ALBERTSON moved to approve, TRUSTEE GARRELL seconded. ALL AYES APPROVE MINUTES OF: Special Meeting: Tuesday, December 21, 1993, for purpose of finding and decision in matter of Brick Cove Marina and other matters properly brought before the Board of Trustees. TRUSTEE ALBERTSON moved to approve the minutes, TRUSTEE GARRELL seconded. ALL AYES Organizational Meeting:: Tuesday, January 4, 1994 TRUSTEE ALBERTSON moved to approve the minutes, TRUSTEE GARRELL seconded. ALL AYES I. MONTHLY REPORT: Trustees monthly report for December 1993: A check for $4,033.37 for December was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public notices are posted on the Town clerk's Bulletin Board for review. IV. PUBLIC HEARINGS: TRUSTEE ALBERTSON moved to go off the regular agenda, TRUSTEE GARRELL seconded. ALL AYES THIS IS A PUBLIC HEARINS IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. IHAVE AN AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FORCOMMENTS FROM THE PUBLIC. Board of Trustees 3 January 27, 1994 PLEASE KEEP YOUR COMMRNTS ORGANIZED AND BRIEF: FIVE (5) MINUTES OR LESSr IF POSSIBLR 7:21 p.m. - In the matter of En-Consultants on behalf of DOUGAL FRASER to replace (within 18") 99+' of existing timber bulkhead and remove and replace in same location and configuration 3.5' X 8' stairs leading from bulkhead to beach, approx. 15 c.y. of clean backfill will be trucked in from upland site, construct 13' X 20' wood deck to be located west of fixed walk and parallel to bulkhead. Located 7955 Nassau Point Road, Cutchogue. SCTM ~118-4-7 TRUSTEE KRUPSKI: Do I have anyone here who would like to speak in favor of this application? Do I have anyone here to speak against this application? BRUCE LOUCKA: You have our co~Lu~ents. TRUSTEE KRUPSKI: The comments of the CAC recommends approval with conditions that the runoff onto the beach from the pipe connected to the catch basin be removed. Runoff should be contained by using drywells. There's also something new that we're starting here that we have to have (changed tape and lost some of the conversations) Are you involved with this one? SPEAKER: No, but if you could tell me the adjacent property owners, I think I know where the catch basin is and I might be able to respond to you 'cause I did the job right nex~ door to it. TRUSTEE KRUPSKI: George Fry and Robert Gredick. SPEAKER: At the end of this right-of-way that drives down to the bulkhead there's a dip at the end of the driveway and if you swing left you go into Gredick's driveway, and if you swing right you go into Mr. Frasers, So there's a dip and the water collects and they put a catch basin in years and years ago in order for that to drain it would just bubble up in that catch basin. I think they took an eight inch culvert that ran into the bulkhead. I think that right-of-way is owned by the Nassau Point Association because I spoke to them ~hout it, about replacing it and doing some work. That's the deal there, the rain water coming off the lawns, and both sides are higher than the road is. TRUSTEE KRUPSKI: Since your here I'll explain it. One of the concerns we have had are people doing work, contractors doing work, of course this is private road ending. I don't know if we put this into the permit. We have to have contractor access out into all permits now, so the contractor can be held responsible for any damage done to the road ending. Now of course ~e can't hold the contractor responsible for a private roadway or for private property. But that's just something we are. requiring now. We're working with Ray Jacobs to work out a bond schedule if necessary. Are there any other comments on this application? I'll take a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE HOLZAPHEL: Second. ALL AYES TRUSTEE KRUPSKI: Would we like to vote on this.? TRUSTEE GARRRLL: Moved to approve with the stipulation that the recommendations of the CAC be followed. Board of Trustees 4 January 27, 1994 TRUSTEE ALBERTSON: Second. ALL AYES 7:26 p.m. - In the matter of JOSEPH & ELLEN SULLIVAN to construct a single family dwelling, deck, detached garage, sanitary system and fill. Located East side of Cul de Sac at end of Meadow Beach Lane, "Harborview at Mattituck". SCTM #116-7-7 TRUSTEE KRUPSKI: There's a note here: "F.R. Weber, Architect sent a revised site plan as follows: 1. detached garage has been eliminated and a garage space has been provided under the north end of house. 2. house has been rotated to north (more parallel to the side property line;. 3. existing vegetation lines and some plantings have.been shown. 4. changes in elevations (contours) have been reduced on the creek side of house to allow more natural landscape to remain". ThiS on Halls Creek? Is there anyone here against this application? Is there anyone here in favor of this application and would like to speak? FReD WEBER: Basically we were addressing the concerns of the Board at the last meeting that we were encroaching too much into an area that was low and I think they established a line as 20' west of the dirt road. So what we've done has been to rotate the house back so that this corner is back further aways from the dirt road and that we will not be impacting any contour lines which are within 20' of the dirt road and below the contour line. TRUSTEE WENCZEL: Is this the old one here. MR. WEBER: No that's the revised one. TRUSTEE WENCZEL: So what do you plan to do as far as landscaping or plantings? MR. WEBER: Basically we have two sort of wild blueberry bush planting areas here and grass area in the center. It's not extensive and the contours are quite high in this area as opposed to this area where they dip back. We thought that the nature of the .... TRUSTEE WENCZEL: Anything east of this is gonna be natural? MR. WEBER: Everything east of the road would be natural and this dotted line which has the note right above the fold talks about, that's the dotted line that is a 20' to the west of the dirt road as well as it intersects an 8' contour right there. So in that area we're not gonna be disturbing the grade or the existing vegetation. TRUSTEE KRUPSKI: And you eliminated the fill on the east side of the house as well. MR. WEBER: Right. The fill is tucked in a lot, close, in other words the 10' contour tucked into the house there .... MR. GARRELL: And that wooded area as indicated on the blueprint, that stays? TRUSTEE KRUPSKI: That's what we asked for at the last meetiRg. Basically it was a fill area so that we could minimize any runoff and that's such a large vegetated buffer that that will easily contain that runoff. Thank you very much. TRUSTEE HOLZAPHEL: You're putting the garage under the house now? Board of Trustees 5 January 27, 1994 FiR. WEBER: Yes. TRUSTEE HOLZAPHEL: And will there be drainage? This is just a technical...for my own .... In other words is there gonna be a driveway going down there. MR. WEBER: Basically the D.E.C. will not allow an impervious surface.. We hadn't proposed any drywells at this point. TRUSTEE KRUPSKI: Because it will be impervious, a lot of times a drywell will tend to silt up. It's largely ineffective. TRUSTEE KRUPSKI: Any other comments? From the Board? Do I have a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE KRUPSKI: Do I have a motion on the application? TRUSTEE HOLZAPHEL: I make a motion we approve. TRUSTEE ALBERTSON: Second. ALL AYES 7:32 p.m. - In the matter of LORETTA HINDERLING requests a 335 s.f. ' extension of an existing deck on north side of house. Located 1325 Smith Drive North, Southold. SCTM ~76-2-2.5 TRUSTEE KRUPSKI: Do I have any comment in favor of or against this application MR. LOUCKA: You have CAC comments there. TRUSTEE KRUPSKI: "Recommend approval of the Wetland Application" without any conditions. This is the one where they had a small bulkhead. I think the only thing we noticed was the need for drywells and gutters. It was a rather steep grade. TRUSTEE WENCZEL: I have a note in the matter of its .completion. I think its OK. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE HOLZAPHEL: I make a motion we close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: Do I have amotion to approve? TRUSTEE GARRELL: Motion to approve. TRUSTEE KRUPSKI: Should be put a condition to specify drywells? MR. LOUCKA: Question? I thought it was a deck. TRUSTEE KRUPSKI: No, not on the deck, on the house. MR. LOUCKA: Oh. The permits for the deck. TRUSTEE KRUPSKI: Right, for the 335 s.f. deck. Do we have amotion? TRUSTEE WENCZEL: I'll second it. ALL AYES 7:35 p.m. - In the matter of Jack Foehrenbach on behalf of BLUEPOINTS COMPANY INC., requests a Wetland Permit to X 30' open tanks in adjacent area. Tanks would be serviced by a 2,000 GPM pump enclosed in a 5' X 5' structure. Intake and outfall pipes would run underneath the pier and thetanks connected in parallel. Located foot of Love Lane, MattitUck. SCTM ~140-1-23.1 TRUSTEE KRUPSKI: Do I have anyone who would wish to co~ent on this application? Does the Board have any comments? TRUSTEE HOLZAPHEL: It really deals with zoning. Is this commercial or residentially zoned? In other words, its a Board of Trustees 6 January 27, 1994 business going into a property, and are we giving them permission to make it commercial zoning. I just think as a general concept, can we create a commercial zone, and it might be commercial 'cause its that little piece of property. CRAIG STRONG: It's zoned "Marine II'~. TRUSTEE HOLZAPHEL: OK. that solved the question. I thought it might. They were gonna build a marina there years ago, and... TRUSTEE KRUPSKI: Do I have any other comments from the public or the Board? Do I have amotion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE KRUPSKI: Would someone like to make the motion? TRUSTEE HOLZAPHEL: I'll make a motion we approve it. TRUSTEE ALBERTSON: I'll second it. ALL AYES 7:37 p.m. In the matter of BARBARA BRAATZ requests a Wetland Permit to dredge by clam shell crane on barge to 5' below MLW approx. 160 c.y. and deposit on spoil sites on applicants property and grade. SCTM ~111-10-14 TRUSTEE KRUPSKI: Is there anyone here who would like to comment in favor or against this? GEORGE COSTELLO: This is maintenance dredging. I've dredged this area three times. 1974, 1984, & (could not hear his comment). All the spoil is going up on the corner of her existing bulkhead and of course the stipulation of the DEC is haybales and silt cloth. TRUSTEE KRUPSKI: You have the DEC Permit? MR. COSTELLO: No, not yet. TRUSTEE KRUPSKI: Is there any other comment? This Board have any other comment? TRUSTEE GARRELL: How big is the property? MR. COSTELLO: 22 acres. MR. LOUCKA: CAC comments, we have a condition on it. We approve it with a time frame type condition. TRUSTEE KRUPSKI: I would imagine that would run the same as the DEC right? TRUSTEE WENCZEL: Just as a curiosity, could you give me a little history on this little basin? MR. COSTELLO: Its been in existing for 75 years going back to the pictures on old survey I saw. TRUSTEE WENCZEL: Do you have any idea if this was originally dug out? MR. COSTELLO: Yes. I think Mr. Vanston, the fellow that built it 75 years ago, I don't know how, he had several docks in the area also. TRUSTEE WENCZEL: So it's been fully bulkheaded for as long as anybody can remember. TRUSTEE KRUPSKI: Motion to close the hearing? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: Would someone like to make a motion on this application? TRUSTEE GARREL: So moved that the application be approved. TRUSTEE ALRERTSON: Second. ALL AYES Board of Trustees 7 January 27, 1994 7:40 p.m. In the matter of SUZANNE V. SWICK to construct a one family dwelling with excavation for foundation, slab and septic system with no activity within 35' from top of bluff. Located Route 25 Main Road, East Marion. SCTM ~23-1-6.1 TRUSTEE KRUPSKI: Do we have any comment, either for or against? DAN ROSS: I represent Michael & Barbara Delano, who own property to the south, in opposition. Basically we feel the application is premature and incomplete. For a number of reasons. 9721C requires that the application show the type and size and location of the proposed structure. An considering where its gonna be placed it seems as though , where its suggested gonna be placed. It should be more specified. Especially the height of the structure and where exactly where its gonna be. Its critically important especially to the people to the south. TRUSTEE KRUPSKI: Can I co~mLLent on your co~ents, or do you wan~ go through it. MR. ROSS: Go ahead, we'll take it one at a time. TRUSTEE KRUPSKI: I don't think we can specify the height of the structure. That's out of our jurisdiction really. MR. ROSS: That's ruled by zoning, but if we knew where it was, we could at least figure out what 2 1/2 or 2 stories is gonna do and comment on that. TRUSTEE KRUPSKI: That's a point well taken and we had a great difficulty on this before you even start with anything else on this application because of a number of different reasons. One of which, the past chairman did the initial inspection and met with the applicant on the site. When he became ill, much of the information was, because it was here, was never transmitted and the file was lost. This application sat for quite awhile. We finally picked up the pieces. We met on the site. We've been there three or four times. It's not just a...we didn't do just a windshield review here. We went out and measured and we had questions and we went back and remeasured 35' from the top of the bluff, we felt was, because of the area, would give us the protection we .needed. Environmental protection that we needed. As for as the house plans itself whether it was 20' to the east or west, our concerns are environmental and so I can understand from your point of view from the people you are representing. I can understand their concern. But our concern on a standard review that really didn't matter to us because its more or less a lawn area. The wetland fringe is from the top of the bluff down. We wanted to protect that. Coming to the south that area is impacted with numerous houses there. It's a residential area. And from an environmental standpoint that's why we didn't specify the specific location of the house. Often times the house will be staked. The house corners will be staked. But on this case, where it's already an impacted site. As long as we have the proper setback we let it go to the applicant. TRUSTEE GARRELL: I was very curious when I saw this one to figure what the septic system was gonna look like, and wet~er that was gonna have any impact on Dam Pond. I don't know what the gradient, the hydrological gradiant looks like there. In the past with the CAC's, for example, with the small bodies Board of Trustees 8 January 27, 1994 of water that your overlooking with the septic system, your always worry wether those small bodies of water are gonna be part of the septic system and your gonna degrade them. That's where my concerns are coming from on this one. I went in there and I could see why there might be problems with it and I would like to hear what some of the CAC recommendations were. MR. ROSS: The CAC recommended that the property be set back 75' from the bank. Right now the map in the Boards file shows the envelop 75' back from the waters edge, not from the bank. so that hasn't been corrected unless there's a new map. TRUSTEE KRUPSKt: The problem we only have jurisdiction within 75' of the wetlands, and the bank is probably 20' to the wetlands, so we really can't say "stick it in your back yard". We don't have jurisdiction there. We can't say put any further back. 35' back from the top of the bluff, we felt we were about 55' at that point. Which would kind of answer which you were saying about the septic system, that would be outside our jurisdiction. MR. ROSS: Where that wetland line is, is unclear and that what the Health Dept. has. The Health Dept. in response to SEQRA says "show us a wetland delineation on the map and that-hasn't been done first. But second, Mr. Bredemeyer said that in any event it runs from the bottom of the bank. TRUSTEE KRUPSKI: In this case it is a well defined wetland line because it is steep end. MR. ROSS: And from 75' it's no~ from the bottom of the bank now. Now that I would think be at least minimum. But the other Health Dept. comment which goes to your concern is they wanted to know where the surrounding cesspools and septic systems were. Now this Board has the power, in fact, in some instances been argued this Board was required to have the applicant get all other permits. There's been an amendment and you can waive that, yes, but this is one of those cases where I would suggest that for a number of reasons. 1. The Health Dept. reasons we just discussed, 2. I think there are zoning issues here which the applicant should take with the Building Dept. and possibly the Zoning Board. And those are... First I have a problem with the location, visa vi zoning code section 100-239.4 A1 which requires lots adjacent to sounds and which there exists a bluff or bank shall 100' from the top of the bluff a fact. Now here we have property which is adjacent to a sound and we have a bluff or bank, and if you go 100' back she needs a variance. When you figure than in and the other setbacks it seems as though this application before this Board is premature. Not only for Health Dept. reasons, for zoning reasons. I don't think the map tells you enough. There was a request from various entities to show it on the map and it wasn't done. The CAC reco~m,endations are not shown on the map... TRUSTEE KRUPSKI: They don't have to be. MR. ROSS: I realize that, but neither are the Health Dept's. recommendations have been considered by the applicant. TRUSTEE KRUPSKI: I don't think .we have that, Health Dept. recon~[~endations. Board of Trustees 9 January 27, 1994 MR. ROSS: Yes, its in response to the SEQRA notice. The Health Dept. says the survey prepared by Van Tuyl revised May 12, 1993 does not depict fresh water or tidal wetland boundary is the limit of the wetland at the edge of the Pond as shown? That's not according to Mr. Bredemeyer. And then you get to the additional question which is what is this property, how much buildable land is on this property? I don't know what this Board considers its property. But they've got their line running right across the Pond. Isn't that your property? TRUSTEE KRUPSKI: It is. MR. ROSS: I would think that should be corrected. Take out the pond property, take out the wetland property, 'cause buildable land is defined in the code as...you deduct the wetlands, you deduct the easements, you deduct the slopes over 15%, you deduct the land which is underwater and they've got about 1/2 acre. Possibly. But you don't know from this map. TRUSTEE KRUPSKI: Yes, I agree with you on a lot of that. The only constraint we can work under those is the 75' wetland limit. If we put on a permit that no activity take place within 75' then in fact we don't issue a permit because its outside of our jurisdiction. MR. ROSS: But if you say that on a permit you can't tell where the 75' is based on this map. TRUSTEE GARRELL: I-would really like to see that proposal complete as far as the septic system, if we could do it. MR. ROSS: I would suggest under 9721-J you require them to get necessary permits. I think this is a zoning issue in the first instance before its a environmental issue. And I think its a Health Dept. issue too. You've taken the lead on SEQRA, you've given them the start. Let them get their own permits. You've done it before, the same concerns here. If this Board does not want to request the applicant to make the wetland designation, my clients will hire an environmentalist. They didn't do it because of the short notice. If that's the case they will go out and along those lines, I request that you hold the hearing open and give us a chance to get that in. If that's how the Board feels about it. TRUSTEE KRUPSKI: Are there any other comments? Does the Board have anything to add to that. I'll comment on that. There have been over the years, not numerous, but they have been involved because of the physical constraints of the property, we do require the Health Dept. to issue the permit first. The Health Dept. Unfortunately in that code says the applicant must bring to them all permits, applicable permits. The applicants in a catch-22. But we do work with the Health Dept. on cases on this where if we ask them to go ahead and review the project before we review it so that in fact the issue of siding of the septic tank and the well is resolved. That's not usual but not unusual either. A lot of that has to do with the neighbors well, the proximity of the neighbors septic system. So that was the policy of the last Board. Again, we are working with a new Board, so we're kind of feeling our way around this° Also the zoning issue, when there is a problem with zoning we will defer of course to the proper authorities. Board of Trustees 10 January 27, 1994 Again that's out of our ..... and a lot of times the Zoning Board comes back and say "you mentioned a 100' setback". If something is placed out our jurisdiction then of course we don't have an application. So I don't know how the Board feels ~bout that. TRUSTEE HOLZAPHEN: I was gonna suggest that in my own .... I know in the CAC, when I was chairman of the CAC we looked at it and our feeling was there's enough room there that just put it beyond 75' and let them deal with the zoning. That was the consensus of what the way we looked at that the piece of property has enough room, why encroach into the 75' territory of the TrusteeS? But I don't know how we do that. TRUSTEE KRUPSKI: Oh, very easily, we table it, we require a survey with a stake wetland line and then require the building envelop be staked again so we can reinspect it. If we can verify in the field that in fact the wetland line that they staked in the survey is in fact what we consider to be .... and in this case, its a well defined wetland line. I would rather just table this instead of closing the Public Hearing. Keep the Public Hearing open. Unless somebody wants to close it, but I think there are other issues that ...... I think we can resume the Public Hearing next month and get more information. TRUSTEE GARRELL: With more information, I think so. It would be nice to bring in Mrs. Swick. TRUSTEE KRUPSKI: Some of this is technical too, the fact that there is no wetland line on here that we verified in the field. TRUSTEE WENCZEL: My feeling is, we don't have enough information at this point. TRUSTEE KRUPSKI: Do I have a motion to keep the Public Hearing open until we receive a survey indicating a wetland line. TRUSTEE GARRELL: Also do you want to add details regarding septic system and siting house? TRUSTEE KRUPSKI: I have a feeling that the septic system will be outside of our jurisdiction. I don't know if you want to get into this with the Health Dept. Once we get a wetland line of 75' I have a feeling everything will be located, even the house might be located behind it. TRUSTEE GARRELL: I sure would feel a lot better if I knew that septic system was on the south side and well and I knew impacts, if any, were gonna be on that corner of Dam Pond. TRUSTEE KRUPSKI: I'll write a letter to the Health Dept. and ask for their coordination on this matter too. TRUSTEE AT~ERTSON: Second. ~T,T, AYES TRUSTEE KRUPSKI: I think the zoning issue .... We can send a copy of our correspondence ...... or do we have anything from the ZBA? TRUSTEE HOLZAPHEL: Ho, I think its up to the applicant. The applicant can still come in front of us and say they want to put it in that area. They have that right. 7:59 p.m. - In the matter of En-Consulta~ts on behalf of PHILIP R. MARRINER requests a Wetland Permit to construct a timber dock consisting of a 4' X 40' fixed catwalk extending off an existing deck and steps and maintaining at least 4' above elevation of vegetated marsh, a 3' X 12' hinged ramp, a 6' X 20' Board of Trustees i1 January 27, 1994 float (arranged in a "T" shape) secured by (2) 10" diameter pilings. Dock will replace owners mooring which is located at easterly side of proposed float. Located 320 Sailors Needle Road, Mattituck. SCTM $144-5-28 & 29.2 TRUSTEE KRUPSKI: Anyone here would like to speak in favor of this application? Anyone here who would like to speak against this? MR. LOUCKA: You have our co~mLzents. TRUSTEE KRUPSKI: No conditions. They recoa~Ltend approval. TRUSTEE WENCZEL: I have a comment. I think all these kinds of docks should be downsized as much as possible. And kept to a minimum. Certainly it seems the catwalk could be reduced to 3' I question wether a 20' float is necessary. TRUSTEE KRUPSKI: What do you think an appropriate length would be? TRUSTEE WENCZEL: I don't know, what's the size of the boat that's being put on it is? TRUSTEE KRUPSKI: Mr. Marriner what size boat would you put on it? MR. MARRINER: It's a 20' boat. TRUSTEE KRUPSKI: Would a 16' float be adequate to moor it there? TRUSTEE WENCZEL: Do you feel then it could be downsized and still be functional? MR. MJ~RINER: In floats that we had there previously when they get much smaller thank that their not very stable. TRUSTEE KRUPSKI: At our organizational meeting we also talked about the width of catwalks. Is there anyway you could survive with a 3' wide catwalk instead of the 4' MR. MAR~INER: Yes, that could be done but then all of a sudden you have to put railings on it. If you get any narrower your into a railing. That's the reason for 4' rather than 3' The reason for railings is some days we like to walk down we have a problem with a railing. TRUSTEE HOLZAPNEL: I tend to agree with the 3' it gets too narrow when your carrying stuff. I know we talked about it in the car on field inspections, and 3' tends to get too narrow. TRUSTEE KRUPSKI: Anyone else? Any other coi,m~ents from the Board? Do I have a motion to close the hearing? TRUSTEE ALBERTAON: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE KRUPSKI: Do I have a motion on the application? TRUSTEE ALBERTSON: I move to approve it. TRUSTEE GARRELL: Second. ALL AYES 8:03 p.m. - In the matter of J.M.O. Consulting on behalf of W.L. LYONS BROWN, III to construct a 4' X 100' timber dock to be constructed 4' above grade. Also to construct a single family dwelling, sanitary system, garage, driveway, retaining wall, patio, stonewall, pool and decking as per plans dated 9/29/93. Located Equestrian Ave., Fishers Island. SCTM $9-9-27.2 TRUSTEE KRUPSKI: Anyone here have a cormment in favor or against this application? Does the Board have any comment on this? CAC did not inspect the areas, they may make comments at a later date. Board of Trustees 12 January 27, 1994 TRUSTEE WENCZEL: When we looked at this on Fishers Island there was some concern that the dock of this size might conflict some of the neighbors because of the way the properties taper down at the water there. Once again, I feel that 100' docks are all over sized to say the least. My personal feeling is that is you can't reachdeep enough water for your vessel with a much small dock then maybe the vesssl should be on a mooring and you should have a dinghy. I think these kinds of docks tend to monopolize the waterway and I don't think its necessary. TRUSTEE KRUPSKI: The house and the patio and the pool and all that is outside of our jurisdiction Coastal Erosion and Wetlands. Unfortunately the survey that was given here is not the scale on the dock, nor does it have the relationship that Peter spoke of to the adjacent neighbors. That was our c~ncern. See how its a little "U" shape. This is a right-of-way here (indicating map) which cuts in front of this property. This property has only 27 feet frontage here. Normally we hold the owner 15' on the property line, which is impossible there. It's a large enough lot in itself, upland wise. TRUSTEE GARRET.T.: We thought that you could put the dwelling on it. I remember the reservations about that dock because it really plugs that little bayment. TRUSTEE HOLZAPREL: Is the righ-of-way for other owners, or is it a Town right-of-way. TRUSTEE KRUPSKI: I don't know. It's a matter of us trying to set a limit on it. Does anyone have any suggestions as far as length, I would be happy to hear it. TRUSTEE HOLZAPHEL: I haven't seen it so this one I'm a little hesitant. My only concern is dealing with the property owners that do we just want to say this or maybe they'd be happ~ to do it only 30'. That might be an issue to table it. TRUSTEE KRUPSKI: It's not so much the water, its a matter of monopolizing the water ways itself. TRUSTEE KRUPSKI: We did ask for soundings. They're not here. We shouldn't have had the Hearing then. T~hle it. Second on the t~hle? TRUSTEE HOLZAPHEL: Second. ALL AYES 8:10 pom. - In the matter of Land Use on behalf of ROBERT ALCUS to construct a 4' X 20' catwalk elevated 4' above grade, a 3' X 10' ramp and a 6~ X 20' float. Lane Use is requesting that Town Trustees waiver their fee due to extenuating circumstances. Located Cedar Point Drive East, Southold. SCT~ 992-t-2.t TRUSTEE KRUPSKI" Here's the note from Land Use Co. (enclosed in back of minutes). TRUSTEE GAR~RT~: How much of a fee is it involved here? TRUSTEE KRUPSKI: I would imagine its $150. Wetland fee. The question here the other fees associated with the structure in the bottom coverage associated with it. Let's talk about the application itself. Is there anyone here who would like to comment on the application? In favor of it? Anyone to speak Board of Trustees 13 January 27, 1994 against it? CAC co~,L,ents are approval with conditions that the project does not hinder navigation. MR. LOUCKA: On the original application they requested a 4' X 30' dock instead of a 4' X 20 catwalk. TRUSTEE HOLZAPHEL: I think they've lost their meaning right now. TRUSTEE KRUPSKI: We'll disregard those CAC comments. MR. LOUCKA: We were never given the changes in the application. TRUSTEE WENCZEL: I have a co~ent. These people seem to be perfectly happy to go with the 3' ramp, why not a 3' catwalk? TRUSTEE KRUPSKI: I don't have a problem with that. Do I have a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE KRUPSKI: Peter would you like to make a motion? TRUSTEE WENCZEL: I~d like to make a motion that we approve the permit as long as they reduce the size of the catwalk to 3' X 20'. The rest is fine. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE KRUPSKI: Now that we have concluded that portion we can consider then the request for Mr. Alcus to waive the fees. It"s open for co~m~ent. TRUSTEE HOLZAPHEL: We've asked him to meet three different times and to change it each time. I take it that each time we had to amend his other applications. Just the one? TRUSTEE KRUPSKI: Let's take a look. TRUSTEE GARRELL: How many times has he submitted the $150.007 TRUSTEE KRUPSKI: Just once. TRUSTEE HOLZAPHEL: We've asked him to emend it twice, so he has to go to the three other Boards twice...we asked him to change it, and then asked to change it again. MR. LOUCKA: How about the times per square foot fee? TRUSTEE KRUPSKI: Generally he is asking to waive the fee. MR. LOUCKA: The $150 or the times square foot? TRUSTEE KRUPSKI: No, he just wants to waive the fee. MR. LOUCKA: the whole thing? Oh, that's something different. TRUSTEE F=RUPSKI: Mr. Alcus is not the first person we put through the hoops, and its not without reason. We wanted to get it right the first time and not ~ into a problem with navigation. I don't think we were unreasonable as far as our request and seeking public co~,~nt and responding to that. TRUSTEE HOLZAPM~L: And other people have had to make amendments and do the rest? TRUSTEE KRUPSKI: Absolutely. That's my feeling. We did the review on it. It's not like we made some awful mistake at the applicants mistake. Unless someone else feels generous today. He pays. Now I need a motion to go off the Public Hearings. TRUSTEE WENCZEL: I make the motion. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: Motion to go back onto the regular meeting? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES 14 January 27, 1994 Board of Trustees (five minute recess) III. AMENDMENTS/WAIVERS/CHANGES: 1. J.M.O. Consulting on behalf of CAROL CASSEL requests an amendment to Permit 94218 for a catwalk to beach, a 16'6" X 5'6" patio, and 4' X 6' steps. Located Willow Point Road, Southold. SCTM ~56-5-40 TRUSTEE KRUPSKI moved to table the application until a February inspection is done with the new Board members. TRUSTEE HOLZAPHEL SECONDED. ALL AYES 2. EUGENE BU~GER requests an amendment to permit 4239 to change direction of float to read: 3' X 14' ramp with a 6' X 20' float straight out in direction instead of "T" configuration. Located 2515 Pine Tree Road, Cutchogue- SCTM ~104-3-4 TRUSTEE KRUPSKI moved to approve the amendment. TRUSTEE ALBERTSON seconded- TRUSTEE WENCZEL abstained. 3. Land Use on behalf of iRVING FRICK (formally John conforti, owner) requests an amendment to permit 4251 to construct a 5' X 30' dock, (instead of a 5' X 70'), a 3' X 20' ramP, (instead of a 3' X 16'), a 6' X 46' float and a 6' X 28' float in an "L" shape. Located 1935 Westview Drive, Mattituck- SCTM 9107-7-5 TRUSTEE KRUPSKI moved to deny the request for an amendment as perceived as excessive property. TRUSTEE HOLZAPPIEL seconded. ALL AYES 4. Eh-COnsultants Inc., on behalf of ARISTEDES SPE~ES requests a waiver to construct a 12' X 22' deck landward of bulkhead. Located Nassau Point Road, Cutchogue- SCTM 9119-1-4 TRUSTEE KRUPSKI moved to give an amendment not a waiver with condition that the amendment is for deck only and to maintain a natural buffer. TRUSTEE ALBERTSON seconded. ALL AYES .... --~ ~ ~~ a waiver to a~? .~ 5 Land Use on behalz 9~ uuh=~'~7=~o~7~arage on east ~dXe l~dr~ms~nxw~ta~e~n~o~th~e~ side ~ ex~stzng house. Loca[ed Doris Dean, Mattituck- SCTM ~116-5-~4 TRUSTEE HOLZA~HELmoved to approve the waiver. TRUSTEE ALBERTSON seconded. ALL AYES 6. RICHARD CORRAZZINI, JR. requests a waiver to add an addition approx. 17' X 17' to the existing dwelling. Board recommended haybales be placed near construction area. Located 8500 Nassau Point ~oad, Cutchogue. SCTM 9118-5-4.1 TRUSTEE GARRELL moved to approve the waiver. .-- TRUSTEE ALBE~TSON seconded. ALL AYES 7. Leo D. Russell on behalf of WiLLtAM KILIAN requests 2-1 year extensions on Permit 93822 which expires April 26, 1994. 'Board of Trustees 15 January 27, 1994 (This Permit was under name of Gail Schlegel). Located ROW off Sage Blvd., Southold. SCTM ~53-5-12.2 TRUSTEE KRUPSKI moved to deny the extension and to reapply for a full application due to lapse in time frame for an extension. TRUSTEE ~T.BERTSON seconded. ALL AYES 8. Robert Burkhardt on behalf of JACK RICE requests a waiver to add an 8' X 22' deck onto the existing house. Located New Suffolk Ave., Mattituck.. SCTM ~115-10-3 TRUSTEE GARRELL moved to deny the request for a waiver and suggest a full application. TRUSTEE ALBERTSON seconded. ALL AYES V. ASSESSMRNTS/ENVIRONMENTAL DECLARATIONS: 1. Lane Use on behalf of LOUIS CORSO to construct a single .timber stairway 4' X 140' and will have a 4' X 12' retractable stairway extending down the face of the bulkhead on the western lot, (10.6) construct approx. 475' of timber bulkhead across the 3 adjoining lots, 2-20' returns are proposed on lots 10.4 & 10.6. Timber sheathing for the bulkhead will be secured by 8" CCA timber pilings driven to an approx, depth of 16', and secured by deadmen and tie rods. To minimize erosion, armor stone weighing 300-500 lbs. will be placed in front of the bulkhead on filter fabric. Located 1020 Glen Court, Southold SCTM %83-2-t0.4, 10.5, & 10.6 TRUSTEE ALBERTSON moved for a positive declaration due to Boards review of 617.11 of the SEQRA Law as well as Chapt. 97-28, Sect. B, E & H of the Southold Town Wetland Code that impacts related to these sections listed are likely to occur. TRUSTEE GAR~RLL seconded. ALL AYES @. Land Use on behalf of STEVEN SPARACINO requests a Wetland Pe£mit to construct a 4' X 70' timber walkway elevated 4' above grade and a 5' X 20' fixed dock structure. Located Willis Creek Drive, Mattituck. SCTM %115-17-17.14 TP3JSTEE GARRELL moved for a negative declaration~ TRUSTEE WENCZRL seconded. ALL AYES 2. Eh-COnsultants on behalf of GEORGE $. CASE, JR. requests a Wetland Permit to construct 198 1. f. of timber retaining wall extending from landward end of return to south, to corner of retaining wall to north. Wall will run generally along toe of bluff and approx. 50' landward of AHW. Approx. 300 c.y. of clean sand will be brought in via right-of-way 400' north off Nassau Point Road, for backfill, rebuild an existing 4' X 58'+ stairway from crest of bluff to beach, and a 4' X 4' wood platform at crest of bluff will also be replaced. Located _3345 Nassau Point Road, Cutchogue. SCTM %t11-9-4.1 TRUSTEE GAR~RLL moved for a negative declaration. TRUSTEE ALBERTSON seconded. TRUSTEE HOLZAPHEL ~bstained. Board of Trustees 16 January 27, 1994 4. En-consultants on behalf of RAYMOND GOODWIN requests a Wetland Permit to remove and replace an existing concrete block wall and construct a 65' retaining wall and 34' return on south side. Wall will attach to and be in line with railroad tie wall to north and will be above AHW. Backfill with 150 c.y. of clean fill to be trucked in from upland source. Construct a dock consisting of a 4' X 50' fixed elevated walk, a 3' X 14' hinged ramp, and a 6' X 20' float secured by (2) 2 pile dolphins. Board reco~Lm,ends dry wells, French drains, planting plan, gutters, and a 3' wide walk And a non-turf area 10' behind wall. Located 2445 Pine Tree Lane, Cutchogue. SCTM $104-3-3 TRUSTEE ALBERTSON moved for a negative declaration. TRUSTEE WENCZEL seconded. ALL AYES 5. J.H. Geideman on behalf of VICTOR E. RERISI requests a Wetland Permit to construct a one family dwelling. Located Snug Harbor Road at Marine Place on Gull Pond, Orient. SCTM ~35-5-37 TRUSTEE HOLZAPHEL moved for a negative declaration. TRUSTEE WENCZRL seconded. ALL AYES 6. LOUIS FORMICA requests a Wetland Permit to construct a single family dwelling with well and septic system, and a 3' X 60' walkway from waters edge to top of bank, approx. 30'). Distributed soil will be used on site. Located LILCO pole ~23 Westphalia Road, Mattituck Creek, Mattituck. SCTM ~114-7-10.6 TRUSTEE ALBERTSON moved for a negative declaration. TRUSTEE GARRELL seconded. ALL AYES 7. James Volney ~ighter on behalf of KIM CAMPBELL requests a Wetland Permit and a Coastal Erosion Hazard Area Permit to reconstruct a wood frame quest cottage with addition on same site as pre-existing cottage, with new septic system. No change to existing grades, and ground will return to existing condition following this construction. Addition is on landward side of old cottage site. Located East Harbor, Fishers Is!a~ud~ SCTM $4-4-t6 TRUSTEE G~3~ELL moved for a negative dec!~ration~ TRUSTEE WENCZEL seconded. ALL AYES 8. Proper-T Services on behalf of ROBERT H. HALL requests a Wetland Permit to construct 100 1.f. of replacement bulkhead no more than 18" in front of existing bulkhead, fill behind existing bulkhead and/or new bulkhead, as necessary, with not more than 100 c.y. of clean material from upland source. Located 75 Harbor Lights Drive, Southold. SCTM $71-2-7 TRUSTEE WENCZEL moved for a negative declaration. TRUSTEE GARR~LL seconded. ALL AYES VI. RESOLUTIONS: Board of Trustees 17 January 27, 1994 i. J.H. Geideman on behalf of ANGELARADOVIC to construct a vegetated earth be~m and to cut path twice a year as per plans dated 12/22/93. Located 2060 Clearview Ave., Southold. SCTM 970-10-28.2 TRUSTEE WENCZEL moved to approve the resolution. TRUSTEE ALBERTSON seconded. ALL AYES 2. ROGER & DONNA MC CARVILL requests a Grandfather Permit for a 20' X 45' bulkhead constructed in 1963 according to Van Tuyl survey. Located 6320 Main Bayview Road, $outhold. SCTM ~78-5-7 TRUSTEE WENCZEL moved to t~hle the application. TRUSTEE WENCZEL moved to rescind his vote and approve the Grandfather Permit. TRUSTEE ALBERTSON seconded. ALL AYES 3. DR. SANDRA KIERSKY requests a Grandfather Permit for a 3' X 8' dock on Hippodrome Creek. Located Rogers Road, Beixedon Estates, Southold. SCTM 466-2-35 TRUSTEE HOLZAPHEL moved to table the application. TRUSTEE HOLZAPHEL moved to rescind his vote and approve the Grandfather Permit based on measurements. TRUSTEE GARRELL seconded. ALL AYES 4. ELAINE VILLANO requests a Grandfather PeLmit for a 51' bulkhead with a 14' return. Located 2080 Deep Hole Drive, Mattituck. SCTM 4123-4-3 TRUSTEE HOLZAPHEL moved to approve the Grandfather Permit. TRUSTEE ALBERTSON seconded. ALL AYES 5. Harbor Marine Construction on behalf of LOUIS PORTAL requests a 2nd and last extension to Permit 3778 to construct a 4' X 20' catwalk, a 4' X 10' ramp, a 6' X 18' float, install 4 pilings, and maintenance dredge to 3' around float from area to remove maximum of 50 c.y.. Maximum dredging approved to 3' below MLW around float and a maximum of 20' from 5~HWM to channel on south side. Soil to be trucked to an upland site. Located Jockey Creek Drive,~ Southold. SCTM ~70-5-52 TRUSTEE HOL~A~HEL move~ t~ deny withc~t prej~ice d~e to permit expiring. TRUSTEE ALBERTSON seconded. ALL AYES VII. MOORINGS: 1. WHIT FISHER requests a Mooring Permit for a 25' sailboat with a 200 lb. mushroom in Town Creek. Access: Public. TRUSTRR GARRELL moved to approve subject to Bay Constables approval. TRUSTEE WENCZ~L seconded. ALL AYES -~' .M~eting Adjourned at 10:30 p.m. ~Board of Trustees 18. January 27, 1994 Respectfully Submitted By: Diane ~. Herbert Clerk, Board of Trustees RECEIVED AND ~i~D BY