HomeMy WebLinkAboutTR-03/24/1994Albert J. Krupski, 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
PRESENT WERE:
March 24, 1994
Albert J. Krupski, Jr., President
John Holzapfel, Vice-President
Peter Wenczel, Member
William Albertson, Member
Martin Garrei1, Member
Jill Doherty, Clerk
Worksession 6:00 P.M.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: Thursday, April 2B, 1R94 at 7p.m.
Worksession: 6:00 p.m.
NEXT TRUSTEE INSPECTION: Wednesday, April 20, 1994 12:00 p.m.
I. MONTHLY REPORT: Trustee monthly report for February 1994: A
check for $4,648.58 was forwarded to the SuPervisor's Office for
the General Fund.
II. PUBLIC NOTICES: Public notices are posted on the Town
Clerk's Bulletin Board for review.
III. AMENDMENTS/WAIVERS/CHANGES:
1. John Bertani Builders Inc., on behalf of CINDY
BENEDETTO requests a waiver to construct a 16' X 22' addition
to an existing home a concrete patio and new set of steps.
Located 910 Maple Lane, East Marion. 35-5-26°
After a discussion a motion was made by TRUSTEE GARRELL and
seconded by TRUSTEE HOLZAPFEL to deny the waiver and request a
full permit as the concrete patio is not porous. ALL AYES.
2. JOHN Bertaini Builders Inc., on behalf of DONALD BREHM
requests a waiver to construct a deck addition with steps.
Located 1010 Maple Lane, East Marion. 35-5-27.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
ALBERTSON to approve the waiver. AYES: Holzapfel,
Albertson, Garrell, Krupski. Apposed: Wenczel.
BOARD OF TRUSTEES 2 MARCH 24, 1994
3. THORNTON SMITH request a waiver to construct approx. 22'
10 1/2" X 9'6" addition to existing kitchen as per plans dated
1/15/94. located Camp Mineola Road, Mattituck.
A motion was made by TRUSTEE GARRELL and seconced by TRUSTEE
HOLZAPFEL to approve waiver. ALL AYES.
4. Lawrence Matzen on behalf of GARDINERS BAY ESTATES
requests an extension to Permit ~3840 to run with the DEC permit
which is to expire March 31, 1999 to dredge the existing boat
channel (1,100' X 20') to a depth of 4' below MLW. Located
Spring Pond, East Marion. 37-4-17.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
ALBERTSON to grant the extension of permit ~3840 amended as
per revised DEC permit. ALL AYES.
Board held over 95 & 6 to go to public hearings.
IV. PUBLIC PIEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER TREWETLANDS 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-WATCHFn~N. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
7:26 P.M - In the matter of ROBERT MCGRAIL to construct a
1-family dwelling and associated sanitary system as per revised
plans dated January 27, 1994. Located Cedar Beach Road, Lot 91
~ranberry Acres Subdivision, South01d. 89-1-10.2.
Is there anyone here who would like to speak in favor of this
application? Is there anyone here who would like to speak
against?
BRUCE LOUCKA: Do you have comments from us? (CAC).
CLERK: No, but we: did send it to CAC on Dec. 3rd.
TRUSTEE KRUPSKI: The applicant had his cesspool staked adjacent
to a fresh water marsh. We met with him and after a lot of
discussion with myself and the applicantr he changed his
location of the septic system away from the wetlands and we
inspected the site and found that the septic system would be out
of our jurisdiction at that point. It met with his approval and
our approval. Is there any other comments?
TRUSTEE GARRELL: Could we act on it conditionally until you
can look at it.
TRUSTEE KRUPSKI: I don't think so. I need a motion to close the
hearing.
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES.
TRUSTEE KRUPSKI: We will have to hold off on the voting until we
get the CAC comments. If Mr. McGrail needs his permit
immediately, Jill can you pole us by phone?
BOARD OF TRUSTEES 3 MARCH 24, 1994
TRUSTEE KRUPSKI: 7:28 In the matter of Proper-T Services on
behalf of WILLIAM T. MOLLER to construct a 100' X 4' walkway,
a 16' X 4' hinged ramp, and a 20' X 6' floating dock, 2 single
spiles and one 2-pile dolphin to secure dock. Lo-cated 2530
Vanston Road, Cutchogue. 111-5-3.
I am going to ask John to run the public hearing. I am going to
excuse myself.
TRUSTEE HOLZAPFEL: Are there any comments in favor of this
application?
JIM FITZGERALD: Jim Fitzgerald of Proper-T Services for Mr.
Moller. No comments in addition to that that are in the
application, but I am available for questions or to respond to
any comments.
TRUSTEE HOLZAPFEL: Any other comments pro? Any coa~ents against?
BRUCE LOUCKA: you have co~,m~ents from the CAC. We approve it
with a stipulation.
TRUSTEE HOLZAPFEL: ~as long as it does not block the entrance to
the Lagoon." This is on the open bay.
JIM FITZGERALD,: At that point the cove is at least 500'.
TRUSTEE WENCZEL: My personal feeling is that these kinds of
warfs are not appropriate extending out into the bay. Mr.
Moller's interest would probably be better served and the
safety of his boat better served by having it on a mooring. I
am not speaking for the entire board, that is my feeling.
JIM FITZGERALD: Mr. Moller has his boat on a mooring now.
He finds for purposes of increasing his enjoyment and use of
available access to the boat that this would be the best way to
do it. He has been there for fifteen years and he has had the
boat and mooring for fifteen years.
TRUSTEE ~OLZAPFEL: In terms of the depth of the water, was there
a significance of going out that far?
JIM FITZGERaLd: Yes. As a matter of fact as recently as
yesterday, I had my waders on at low water and 135' from the
bottom of the stairs which is essentially how far the project
extends, the water is 3 1/2' deep at low water. He says he
needs 3' for the boat.
TRUSTEE HOLZAPFEL: Any other comments? Do we have a motion to
close.
TRUSTEE GARRELL: So moved.
TRUSTEES ALBERTSON: Second. ALL AYES.
TRUSTEE ~OLZAPFEL: Do we have a motion to approve.
TRUSTEE GARRETJ,: Move to approve.
TRUSTEE ALBERTSON: Second. AYES: Garrell, Albertson,
Holzapfel. Oppose: Wenczel. Abstain: Krupski.
TRUSTEE KRUPSKI: 7:35 - In the matter of Eh-COnsultants, Inc. on
behalf of DR. ANDREW MC~OWAN to remove and replace
(inkind/inplace) 4 timber jettys whose lengths are west to
east, 50+1.f., 85+I.f., 100+1.f. and 50+1.f. New structures
will be low profile. Outer ends will be at elevation of AR~
except for pilings. Remove and replace (inkind/inplace)
25+1of. of timber bulkhead and backfill with 7 c.y. of clean
sand to be trucked in and a new straight bulkhead to replace
BOARD OF TRUSTEES 4 MARCH 24, 1994
existing curved bulkhead. Located New Suffolk Ave., Cutchogue.
116-6-18, i9 & 20.
W~at does that mean? A new straight bulkhead to replace existing
curved bulkhead.
ROB HERMAN: Eh-COnsultants. The way the 25' bulk_head is shaped
now, it has a slight curve to it. The plans of the contractor
is to attempt to Straighten the wall out in that spot.
TRUSTEE KRUPSKI: Alright. Thank you. With respect to site and
the bulkhead, it is f~nctional as are the jetty's and all the
structures, what is the concept of having the bulkhead replaced?
ROB HERMAN: The concept behind that is in certain areas,
especially the 100' 3etty, there are some areas where there is
rotting of the wood now~ I think as part of the entire project
while they replace those jetty's they wanted to redo that wall
and also getting back to the idea of straightening it out and
relieve some of the pressure.
TRUSTEE KRUPSKI: What function does it have in relating to the
whole system?
ROB HERMAN: Theoretically it is adding protection in front of
the house from any scouring effects that are coming around from
the 100' ~etty.
TRUSTEE Wenczel: When you reconstruct the jetty's, do you plan
to pre-fill them?
ROB HERF~%N: No. There are no changes or alteration proposed,
besides from just replacing the timber that is there now.
TRUSTEE WENCZEL: A lot of times if you pre-fill the area
that is going to fill with sand, than you don~t rob sand from
the next person down. What happens is the sand just lrfpasses.
~OB HERM3~N: Right. I have spoken with the contractor about that
and he said that this s~stem has been in place for ~bout 40 or
50 years. So it is really a stable beach there. The idea is
just to replace the deteri0rating wood so that it remains as
such.
TRUSTEE KRUSPSKI: There is only one section. The first one is
non,function, but the rest of them.
TRUSTEE WENCZEL: Maybe we can ask them ta pre-fill that one.
TRUSTEE KRUPSKI: The one on the east?
TRUSTEEWENCZEL: The one that has lost some fill.
TRUSTEE HOLZAPFEL: The west side of the east jetty. The shortest
jettY.
ROB~HERMAN: What is the recommendation for the amount?
TRUSTEE KRUPSKI: It is difficult to tell from here.
TOM SAMUELS: HOw long is it?
TRUSTEE HOlZAPFEL: It is only 50', but it is after a 100'
jetty.
TOM SAMUELS: 20 yards should do it very easily. '
TRUSTEE ~OLZAPFEL: What the CAC is suggesting is that the four
jetty's may not be necessa~-~. You might be better served with
only two of them.
ROB HERMAN: I think the fear of the contractor and the
applicant is that the system has been in place for so long that
to change other than just updating the woo~would serve what end?
TRUSTEE KRUPSKI: Right. Does anyone else have any other
comments either for or against it. CAC recommends disapproval
BOARD OF TRUSTEES 5 MARCH 24, 1994
of the wetland application to remove and replace the jetty's.
The council recommends disapproval of the application as
submitted. The council suggest that the applicant replace the
two outside 50' jetty's and do not replace the 2 inside jetty's.
This would allow the beach to stabilize. The council also
suggest that the applicant remove but do not replace the
bulkhead as there is no need for a bulkhead, plant the eroded
area with Spartina Patents. I think a more appropriate
vegetative material there would be American Beach Grass. I
don't think you could get patents to grow there. Because of
the elevation you go from intertidal to active beach. I don't
think patents will grow on active beach. I think you will need
American Beach Grass to grow on that. There is a lot of wind
and water erosion. Are there any other co~,L~ents?
TOM, SAMUELS: Yes. And I am not the contractor. I think we have
to encourage our tax people who have permitted structures to
keep them in good repair. I think that it is very important.
In fact I wish there was a will of the Trustees to make as a
condition of their pez~L,its that permitted structures be kept
maintained. After the large storms that we had, you all recall,
the old bulkheads that where destroyed. There were tremendous
impacts to bluffs, beaches, dunes, etc. Tremendous losses to
..up land. So when someone is willing to properly maintain, at a
considerable expense, a structure that has been permitted and
which has proved to be successful in its original intent, I
think you should encourage them. I have said this to many
boards before, that you should require that the structures be
maintained if you are permitting them. Theoretically if you are
permitting them then you think that it is environmentally
compatible, therefore maintain them. Don't let them
degenerate. One of my favorite spots is the North Fork
Shipyard. When you look at the structures there and what a
disaster that has become, because of the lack of maintenance for
obvious economic reasons, etc. These structures when they
deteriorate become blights on the waterfront contribute a great
deal of debris to the bay. After the big storms it was a real
hazard to cross the bay in any kind of the boat. So I would
encourage those owners that have property to maintain it. It
may be difficUlt to enforce.
TRUSTEE KRUPSKI: Impossible because of economics.
TOM SAMUELS: Yes. But it still should be a Condition so that you
have a legal right to stop a dangerous situation. There are a
number steel jettys where I have seen the top third of the
sheet piling is corroded to the point where it is absolutely
dangerous. There is a huge liability on the part Of the
landowner of course. I am not suggesting that the liability is
transferred to the Trustees, because it is not. Thank you.
ROB HERMAN: Here is a picture of the wall. It was explained
that the idea was that during storm tide and especially coming
around that groin was that the house is directly behind that
location as you can see. So the idea is that during a storm to
maintain that contour in front of the house.
TRUSTEE KRUPSKI: Do we have any other comments? Do I have a
motion to close the hearing.
BOARD OF TRUSTEES 6 MARCH 24, 1994
TRUSTEE WENCZEL: SO moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE WENCZEL: I make a motion that we approve the permit to
replace the four groins and that we ask that the one groin be,
after completion of the construction
of clean sand.
TRUSTEE KRUPSKI: Added that the area
being replaced and disturbed be plan
Grass at 1' centers. The beach gras
be used for that planting.
TRUSTEE HOLZAPFEL: Second. ALL
TRUSTEE KRUPSKI: 7:47 - In the matte
behalf of JOAN HALLIGAN to construct
catwalk (4' min. elev. above grade s
alterniflora), 4' X 4' wide wood ste'
landward end to attain 4' elev. and i
located at seaward end of catwalk as
14, 1994. Located 2475 Bay Ave., Ma'
Is there any one here who would like
application?
ROB HERMAN: Again, from En-Consultan'
any questions.
TRUSTEE KRUPSKI: Would anyone like t,
application?
TRUSTEEWENCZEL: I would suggest tha'
reduce the width of the catwalk and~
TRUSTEE KRUPSKI: That is standard
this point we are granting 3' wide c~
policy. It is not based on this par
townWide policy.
ROB HERMAN: Can I address that issue
TRUSTEES: Sure.
ROB HERMAN: That was discussed with'
contractor. In this spot I assume o]
shading over that area. There is a
Spartina Alternflora that is there.
aside from an aesthetic eyesore it~
to applicant as hand rails would haw
can see on the drawing there that th,
here. There is a fringe that is 4' .
no marsh grass at present. So it w~
weighing an esthetic and financial
that marsh grass~growing back about !
those consideration we would respect~
allow the 4' at this site.
TRUSTEE KRUPSKI: On this plan you ak
up to the height of a hand rail.
pre-filled with 20 c.y.
behind the bulkhead that is
ned with American Beach
that is native to site can
AYES.
of En-Consultants, Inc. on
a 4' X 40' fixed wood
~pporting spartina
~s will be attached to
4' wide ladder will be
per revised map dated March
5tituck. 144-4-5.
to comment on this
2s Rob Herman if there are
comment against this
we would ask them to
teps.
the Boards practice. At
~twalks as a matter of
~icular property. It is a
he applicant and the
~e of the concerns was the
)out a 16' fringe of
To require the 3' here
)uld impose a greater cost
~ to be constructed. You
~re was a catwalk that was
1/4' wide where there is
~s suggested that we are
~rden vs~ the possibility of
.' of what is there. Under
~ully request that you Would
~eady have the post coming
TRUSTEE GARRELL: I can't see why increasing the difEerence of
6" on either side is...¥ou are not'g6ing to need h~nd rails on a
ROB HERMAN: That was just a concern 6f the applicant. The idea
of this is just for friends or neighbors come in and dock their
boat there at the edge of he property to be able to come on to
BOARD OF TRUSTEES 7 MARCH 24, 1994
the land. Her concern was that with a foot less in width,
safety reasons. I guess you can argue that, but that is her
concern.
TRUSTEE KRUPSKI: The original dock that we have a picture of in
the file, what is the width of that?
ROB HERMAN: That we were told that it was 4'. It is hard to
tell from the picture. When I was at the site I measured the
fringe where there is no grass anymore, which is four feet. I
would assume that would be as a result of the shading from that
walk.
TRUSTEE KRUPSKI: What year is this picture taken?
Is it fairly recent?
ROB HERMAN:yes.
TRUSTEE KRUPSKI: There is no structure there now?
ROB HERMAN: No. There is no structure, there is nothing there.
I think that was destroyed in Dec. i992.
TRUSTEE KRUPSKI: Do the poles remain-there?
ROB HERMAN: There are a couple bf poles that are still there.
Let me see if I have any pictures left.
Board looked at pictures.
TRUSTEES KRUPSKI: The general board policy has been a 3' wide
catwalk. Your plans show that the post do extend up. Are there
any other comments? A motion to close the hearing?
TRUSTEE WENCZEL: Se moved.
TRUSTEE GARRELL: Second. ALL AYES.
After further discussion a motion was made by TRUSTEE WENCZEL
and seconded by TRUSTEE HOLZAPFEL to approve application with a
3' wide catwalk and steps.
TRUSTEE KRUPSKI: 7:59 - In the matter of Proper-T Services on
behalf of Gregory Poulos to construct 3' X 56' stairs from top
of bluff to beach. Located 135 Sound View Road, Orient.
Is there anyone here who would like to comment on She project?
JIM FITZGERALD: Jim Fitzgerald for Mr. Poulos, if you have
questions.
Location of stairs has changed to west side.
TRUSTEE KRUPSKI: How far off the property line is that?
JIM FITZGERALD: It is about 10' at the top of the bluff. It
gets closer than that down on the beach.
TRUSTEE KRUPSKI: The adjacent property is public owned or
private?
JIM FITZGRRALD: Private. The property owners in the area.
TRUSTEE KRUPSKI: All right. I just wouldn't want to approve a
structure that would some how in encroach on their access or add
tothe deterioration of their bluff.
IS there anyone here to speak against this application? Does
the Board have any comments? I'll take a motion to close the
hearing.
TRUSTEE ALBERTSON: So moved.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE GARRELL: Approve.
TRUSTEE ALBERTSON: Second~ ALL AYES.
BOARD OF TRUSTEES 8 MARCH 24, 1994
TRUSTEE KRUPSKI: 8:01 - In the matter of En-Consultants on
behalf of THOMAS BYRNE to replace (within 18") an existing
cement block retaining wall 85' in length (plus 5' return on
north side and 10' return on south side) by new timber wall
approx. 1' higher. Approx. 45 c.y. of clean backfill will
be trucked in from upland source. An existing indented block
stairway will be backfilled and replaced with a 4' X 8' wood
stairway. Located 2345 Bayview Ave., Southold. 52-5-1.
Is there anyone here who would like to speak in favor of the
application?
ROB HERMAN: Rob Herman from En-Consultants if there are any
q~estions I will hand it over to Tom Samuels.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
against the application? I think it was feeling of the board
that when we looked at this in the field, o.let me get the CAC
comments'first .... A letter from Eh-Consultants. I have
presented your reco~m,endation to remove and replace the existing
wall to the contractor . Due to the elevation of the bulkhead,
removal and replacement would entail excavation of a large
amount of fill material landward of it. In addition, the
vegetation immediately seaward of the wall is also likely to be
more greatly damaged and disturbed by removal rather than by our
proposal to replace within 18". The CAC approve within 18"
without any conditions. The feeling of the board is always to
stop encroachment of the wetlands. Especially when they are
Town owned wetlands, because of this conditions, because the
height of the wall, Mr. Haje's letter does make some sense in
that it would disturb the marsk a great deal if that where to
excavated before hand.
TRUSTEE WENCZEL: I have just one question, I'll direct it to
M,r. Samuels. Do you feel you can do this work without
disturbing the wetlands there? There is quite a bit of grass.
DR. SASKLELS: There is a quite a bit a grass. There is an impact
of building a bulkhead which we are all familia~ witk in that
when you are jetting material in you are going to make some
large... Are company makes a practice of filling any holes that
we create that don't naturally fill in. We have found recovery
of wetland species very, very rapid. Especially when the
bulkhead is built now when the species is dormant...
TRUSTEE KRUPSKI: What Peter means as apposed to excavating the
entire length of the property and replacing it.
DR. SAMUELS: Much less of impact. (then excavating the entire
property).
TRUSTEE KRUPSKI: I feel the same way on this specific
application.
TRUSTEE WENCZEL: My only co~m,ent would be that any of the
grass that is disturbed' should be revegetated and not depend on
~evegetating on its own.
TRUSTEE KRUPSKI: I think you would also want to put a condition
on to impose a 10 or 12' buffer (non-turf) on the landward side
of the bulkhead.
TRUSTEE WENCZEL: Sounds good.
DR. SAMUELS: How can you do that.
BOARD OF TRUSTEES 9 MARCH 24, 1994
TRUSTEE HOLZAPFEL: It is in the Town Code, according to the
Zoning Code, that you are not allowed to grow grass within 20'
of the wetlands.
DR. SAMUELS: Here you have a substantial man made structure.
TRUSTEE HOLZAPFEL: I understand that. I am just saying there is
this thing in the code that I never new about. I just thought
that was interesting point. People do it automatically and now
one has ever enforced it. What we are doing is just trying keep
some nutrients from coming into the water there.
TRUSTEE KRUPSKI: We try to impose it any new or renovated
bulkhead.
DR. SAMUELS: I can understand it on new but on a pre-existing.
TRUSTEE HOLZAPFEL: Would you say just because something is old
they can cause more problem or is this a chance to remediate
something that has gone bad in the past.
DR. SAMUELS: tf you restrict the nitrates...
TRUSTEE HOLZAPFEL: Right. That is what we are asking people to
do.
TRUSTEE KRUPSKI: It is a lot easier to restrict something if
they are not going to fertilize something that is not there.
TRUSTEE GARRELL: Move to close the hearing.
TRUSTEE ALBERTSON: Second. ALL AYES.
TRUSTEE HOLZAPFEL: Move to approve the application for 18" in
front with the stipulation that vegetation disturbed seaward be
replaced and a non-turf area 20' landward of the new structure.
That could~be left as a gravel bed or a low maintenance
species. (Bayberry, Rosa Rugosa, etc.)
TRUSTEE KRUPSKI: Second. ALL AYES.
TRUSTEE KRUPSKI: 8:10 p.m. - In the matter of Land Use Co. on
behalf of IRVING FRICK to replace an existing approved dock
with a 5' X 30' fixed dock, a 3' X 20' ramp, a 6' X 46' floating
dock and a 6' X 28' "L" float extending no greater than 86' west
of bulkhead. Please note that proposed structure will extend
I0'-12' into the waterway to gain adequate water depth. Located
Westview Drive, Mattituck. SCTM~107-7-5.
This came in as an amendment and was denied and requested a full
application. Is there anyone here who wishes to speak on behalf
of this project?
USA LACH_ENMEYER: Tanya Lachenmeyer from land use Co.
TEE KRUPSKi: Is there anyone who would like to speak against
this project? Does the board have any comments? The board has
always tried to limit the amount of structure in the creek for
the obvious reason, it monopolizes the creek space which is
publicly owned property. Also for the environmental reasonwhich
is just simply the shading of the bottom and there is
deterioration of the Productivity in the marine environment when
you have more activity in it. How many vessel will be moored
here?
TANYA LACHENMEYER: Just the one.
TRUSTEE KRUPSKI: Usually the recommendation of the board for a
larger vessel is to put on a mooring in front of the applicants
property and access it from a smaller structure.
BOARD OF TRUSTEES 10 MARCH 24, 1994
TA~{YA LACHENMEYER: He does have an existing structure there.
That was approved in October. 5' X 7' floating dock. That
floating dock is to be removed and replace wit~ a 5' X 36' dock
elevated 4'. As far as shading by the floats, we are at a water
depth of 4' where that really wouldn't be a concern.
TRUSTEE KRUPSKI: The CAC recommended approval.
CAC, Stephen Angel: Based on 86'
TANYA LAC~N/~EYER: We are only going 86' out. We are not
going to exceeding that original 86' as imposed by DEC.
TRUSTEE KRUPSKI: Peter, do you have any co~m~ent on that?
TRUSTEE WENCZEL: I think it is excessive. I would ask that the
applicant demonstrate that that size structureis absolutely
essential to dock that size boat.
TANYA LACHF/~4EYER: He needs it for water depth. The boat draws
3 1/2 of water. He needs that length to get to 4' of water.
CAC Are there soundings on that?
I got 4' here. There has been a great deal of
discuss' it is not because of this application, in
general, the size of the structure, the size of the boat
in relati, to the size of the creek. The feeling of the board
has always L the boat should fit the creek and that the creek
shouldn~ be modified to fit the'boat. In this case it is a 34'
there is nothing to stop him from buying a 64' boat or an 84'
boat thensaying that ~ou need to dredger you need a larger dock
to hold the boat. It has always been the feeling of the board
to allow~be to access the water in a reasonable, environmental,
~r necessarily altering the creek because a larger
boat is le..
TRUSTEE GAR~__LL: We had a meeting with the Trustees from other
toWns not to long ago. That is something that Southampton Town,
which is an extremely conservative group of trustees. They have
asa matter of policy themselves that they make the boats fit
the creeks rather than the creeks fit the boats. We are not
saying anything that is really new.
T.A~YA LACHENMEYER: The neighbor to the north has 40' fixed
dock and 2 40' floats. Mr. Frick is not proposing to go much
useYOnd that.
TEEKRUPSKI: We cannot deny the policies of the Town are
anging constantly in regard to the way the creeks are becoming
cr~asingly developed.
TANYA LACHENMEYER: I don't think this dock would be a hazard
to the waterway. The Width is approx. 500' in the area of the
proposed dock, so it is not going to cause hazards to navigation
in anyway.
TRUSTEE KRUPSKI: Again, you have such a wide structure. If that
could be cut down. There is a proposed 5' wide fixed dock the
proposed float is 6' going all the way out, 86'. If something
like that can be cut down to a much smaller width fixed dock.
TANYA LACHEMEYER: Again, he has existing approval for a 5'
wide structure.
TRUSTEE KRUPSKI: 70' long.
TANYA LACHENMEYKR: Correct. He is cutting this down to 30'.
The 6' wide float, I don't believe is on reasonable.
BOARD OF TRUSTEES 11 MARCH 24, 1994
TRUSTEE KRUPSKI: No, the width of the float is not unreasonable
as far as stability goes. However, it brings the question in of
why is it necessary to have 46.' of float just to reach the "L"?
As apposed to a fixed catwalk out to depth and then an "L"? We
are trying to limit structure. It is not this application in
particular, it is. a matter of town policy to limit the size of
the structure. This not a reaction to this application.
MR. FRICK: Can I say something?
TRUSTEE KRUPSKI: Certainly.
MR. FRICK: We are not going out any further than the dock that
the existing dock is today. Not one foot further. We are going
out 86' and that is what the original permit is for. The only
difference in the dock is that we put that "L" piece on it. The
docks today lay on the bottom at low tide. That is the reason
why we tried to go up with the stationary dock.
TANYA LACHENMEYER: Half the float is sitting on the ground at
low water.
MR. FRICK: We are not going out any further into the creek.
We are putting the "L" on and the only reason I am putting the
"L" on it is when. I lay up against the dock that is there right
now, the bow lays on the bottom. If it has an "L" it can lay in
deeper water, but I am going to stay inside that so it won't be
any further out then what is existing now.
TRUSTEE KRuPSKI: I understand the problem there. What I
suggested was a fixed dock out to deeper water. Instead of
g~ing with a 6' wide float, go with a fixed dock out to deep
water,and then go with a float.
MR. FRICK: How much further would the fixed dock go out?
TRUSTEE GARRELL: Right now if the 30' keeps the floating docks
not touching the bottom.
TRUSTEE KRUPSKI: What we are saying is extend the fixed dock out
further out so that the floating docks are no were near the
bottom.
TRUSTEE WENCZEL: And eliminate some of the floaters.
TRUSTEE KRUPSKI: YOU would eliminate the floaters.
MR. FRICK: But, how much further would we have to bring the
dock out.
TRUSTEE KRD-PSKt: .That is the next discussion, to go out to reach
your depth with a fixed catwalk instead of the floating docks.
TRUSTEE WENCZEL: At the point where you moor your boat you can
have the floatingdock with the extra width.
MR. FRICK: So you are going to eliminate the 46' floater.
TRUSTEE EttUPSKI: And replace it with a fixed.
MR. FRICK: With 46', so we are going to have 70' of fixed dock?
TRUSTEE KRUPSKI: This is just a suggestion of the board.
~R. FRICK: The part that I don't understand is that it is
already there. We are not taking up anymore of the bottom. We
are taking up less of the bottom right now than we did before.
We are not asking to go out .further. We can even shorten that
floater because the ramp from stationary to the floater, we can
shorten that at least 5 or 6 feet in the float. The ramp will
take up the difference.
TRUSTEE WENCZEL: You are going to moor your boat on the
outside of the last float?
BOARD OF TRUSTEES 12 MARCH 24, 1994
MR. FRICK: On the inside.
TRUSTEE WENCZEL: On the inside. O.K. now I understand.
MR. FRICK: Is that a problem?
TRUSTEE WENCZEL: No. My questions was is if you moored on the
outside would be be extending further out if you included you
boat in the arrangement.
MR. FRICK: I wouldn't do that. That is not the way it is set
up. The only reason why I want to put the boat north to south is
because of the depth.
TRUSTEE KRUPSKI: We understand the "L" configuration. We are
~ust looking for ways, as you can see on every application, we
look on ways to minimize the impact. How does the board feel
about a fixed structure as apposed to the floats?
TRUSTEE WENCZEL: It is narrower. It takes less bottom. But
the man already has a permit for what is there. We can't modify
what he already has.
TRUSTEE KRUPSKI: It is a new application.
TRUSTEE WENCZEL: To reconfigure as I understand it.
TRUSTEE KRUPSKI: And to construct, the fixed catwalk.
TRUSTEE HOLZAPFEL: Are you using what is there? The parts of
what...
MR. FRICK: No.
TRUSTEE HOLZAPFEL: You are just getting rid of what is there any
starting all over?
MR. FRICK: Yes. Because the land on the bottom has eaten up
the bottom of the ...
TRUSTEE HOLZAPFEL: So none of that is significant to save? It
is not going to save you any money?
MR. FRICK: No. As a matter of fact it is going to cost me to
get rid of them.
TRUSTEE KRUPSKI:-If you went with a catwalk than had the ramp
and float on the end of it, you would reach your water, you
would have less structure to impact the creek. You would have
the catwalk there permanently. Instead of a shorter catwalk you
would have a longer catwalk and just the one float at the end of
is for your boat.
MR. FRICK: Maybe it is me but if I get out there with a
stationary dock or if I get out there with a floating, how does
it change the situation we have today.
TRUSTEE KRUPSKI: Under a stationary dock there is better water
circulation, better flow. You would going at a 4' high
elevation so sun light would be able to reach underneat~h and you
wouldn't limit the activity underneath.
MR. FRICK: That is why we brought it out to at least where the
docks can float. That is why we didthat. There is a permit
for 76' of floating dock. .We are eliminating more than half of
that. We are talking out 30' of floaters.
TRUSf~E KRUPSKI: That is not really relevant because you have a
new application in front of us.
MR. FRICK: t was told to put in a new application just to
modify what was there.
TRUSTEE KRUPSKI: Because we felt that it was more than an
amendment. I understand your point.
TRUSTEE HOLZAPFEL: Do you have something against a single dock?
BOARD OF TRUSTEES 13 MARCH 24, 1994
MR. FRICK: A stationary dock? I don't understand why, how.one
is going to take care of the other. I do understand what you
are taking about flow. If they are floating, we are going to
use plastic containers underneath with large spaces to allow,
they are not going to be styrofoam containers. They will be
plastic with styrofoam fill, which gives us more flow under the
dock. There will be no wood in the water. There will be spaces
between the plastic containers. We thought about all of this.
We really did when we designed it.
TRUSTEE KRUPSKI: This is what the public hearing is for,
discussion. Anymore thoughts on that Peter? The fixed dock was
a suggestion that wasn't a reco~L~endation. The CAC
recommended approval. Any more comment?
TRUSTEE WENCZEL: Close the hearing.
TRUSTEE ALBERTSON: Second. ALL AYES.
TRUSTEE ALBERTSON: I make a motion we go with the CAC
recommendations.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE ~/{UPSKI: 8:26 - In the matter of En-Consultants Inc., on
behalf of VINCENT P. GERAGRTY . We had a technical problem with
this application. Before we get into the public hearing, we
failed to coordinate with the Planning Board and we went ahead
and we assess it before we should have assess it. We are going
to rescind that assessment, hold the public hearing and keep it
open and give the Planning Board time to comment on that. Once
we gat there comments in 30 days, then we can close the public
hearing. I will make a motion that we will r~scind the negative
declaration.
TRUSTEE WENCZEL: I'll second that. ALL AYES.
TRUSTEE KRUPSKI: Now we will get into the hearing to construct a
two story building a minimum of 17' from the edge of the
existing fill. Parking will be located south of the building
and will bluestone. Sanitary system will be as close to the
easterly property line as possible and a minimum of 100' from
wetlands. The existing upland to the west will be used only as
a boat display area. Access between the two sections of upland
will be via a 4' X 85' pedestrian bridge that will span the
wetlands and the drains ditch. None of the wetlands will be
filled or otherwise developed. All in accordance with revised
plan dated Dec. 21, 1993. Located North side of rt. 25,
Southold across from Port of Egypt. 56-4-13.3,13.4, & 14.
Is there anyone here wishing to co~L,L,ent in favor of the
application?
ROB HERF~%N: Rob Herman from En-Consultants and this is Mr.
~eraghty.
TRUSTEE KRUPSKI: We have had numerous discussions about the
project. Is there anyone here who would like to make any
comments in favor or against the application?
F.M. FLYNN: My name is F.M. FLYNN. I am a resident of the
Town of Southold. My initial remarks have to do with the
adequacy or rather inadequacy of published legal notice
regarding this application. The location of the property
described as Route 25, Southold. Route 25 perverse Southold for
BOARD OF TRUSTEES 14 FLARCH 24, 1994
a distance of approximately 20 miles. The published description
is h informativ~ to the public. It was not even considered
necessary to differentiate between the northerly and southerly
sides of the highway. Surely a matter of some importants. The
subject property is not in the Hamlet of Southold. Were you to
consult the plans submitted by the applicant property is
properly located in Arshomomaque. In the addition the
section, block and lot numbers are plainly stated. Were it
really the intent to inform the public these numbers could have
been recited. The abutting owners identified and the distance
westerly from Mill Creek stated. Incidentally on your agenda
you do cite the tax map numbers which you did not in the public
notice. I had hoped that this new board would represent an
improvement over the policies of the old and I don't seem to see
that this is an indication there of. I would request that you
re-advertise this matter properly identified so any citizen from
SQuthold who has an interest may be aware of what property is
actually involved here.
TRUSTEE KRUPSKI: That is not an unreasonable re.qu~est.
~.M. FLYNN: With respect to the application of ~he property
itself, I have done some research into its background. It has
some what of a tangled web. The purchasers actually go back to
I believe 1978 and 79. There was a period of activity which has
seized since 1988. I will state my understanding of the matter
and you may of course my correct me if I am mistaken or in
error. A~I understand it the intent of this application is to
enable the construction of a two story building for boat sails
and repairs and to use a separate westerly portion of the
property accessible via a bridge for the displaying of boats,
new and used. Apparently this application is'baSed on the
previsions of article 12 MII zoning of the Town Code Section
100-I21A 5 & 7. These proposed uses are in obvious conflict
with the unambiguously stated purpose and intent of the Southold
Code. the code clearly states that such facilities are to be
confined to water front locations with direct access to or
location in marine or tidal waters. The subject property is
obviously severed from such access by route 25. With respect to
the specifics of the application, I understand it is intended to
construct a two story building of some 2800 sq.ft, on the
easterly portion of the property and locate it "a minimum of 17'
from the edge of the existing fill". I believe this is a
misleading way of stating 17' removed from the wetlands to the
west. If so, this setback would represent a 77% reduction from
the usual 75' requirement. I presume the board would not permit
construction in wetlands, witnesSed the proposed bridge spanning
the wetlands to the west. The proposed bridge constitutes a
structure as defined in the Southold Code and as such should be
set back 35' from the highway frontage. It appears that the
improvements are to be concentrated on lot 14. The easterly most
lot and assessed to Vincent P. Geraghty as vacant rural land.
The total assessment is $300.00 which reflects the properties
limited utility. Essentially this category in assessment of
vacant rural land is meant for properties of absolutely marginal
utility. Property that the assessors doesn't really know what
BOARD OF TRUSTEES 15 MARCH 24, 1994
else to do with. Lot 13.3 is also assess to Vincent P. Geraghty
as vacant residential land with an assessment of $400.00. The
westerly most lot, lot 13.4 is assessed to William J. Geraghty
and is vacant residential land at $800.00. This of course may
bring up a question of ownership. The property to which this
application is filed according to the assessment records is held
in two distinct ownerships. Correspondence from the DEC in
your file leads me to believe that all of the property or at
least a major portion of it as described in the environmental
assessment was wetlands and the DEC placed some importants on
these wetlands. Therefore, ...concerning the fill now on the
property are germane to this proceeding. Apparently the
applicant filled a portion of the property and as a result was a
issued a notice of violation by the DEC on May 1, 1988 with a
concurrent order to seize operations. I now pose this question,
where and when was the fill placed on this property? The
actions of the Trustee, historically and as of tonight.,
represent somewhat of a dichotomy. A previous board had issued
a positive declaration on this application. The present board
issued a negative declaration on February 24, 1994. Now as I
understand this evening you are back to a positive declaration?
TRUSTEE KRUPSKI: No, we rescinded the negative declaration. The
positive declaration was issued on a different applicatiOn that
was for filling the entire parcel. This application does not
request any fillo That was the application that was issued the
positive declaration.
F.M. FLYNN: That answers one of my questions. Was it the
addition of the fill which influenced this decision? This
question of fill is most important because if the applicant has
filled on this land and all three Of these lots are involved in
the project and if the fill that was placed on the site was
placed there illegally and subject to this notice of this
violation and then you approve this application you are
effectively rewarding the applicant for disregarding the law and
disregarding DEC regulations. In affect legitimiz±ng this
application of this action and therefore the application would
reward the applicant for his violation. There is no question
that these two parcels were purchased to the best of my ability
to research the matter, in 1978 and 1979. SEQRA has been a law
since August 1st, 1975. Since the fill was added on or about
May of 1988, ignorance of the previsions of the act was hardly
likely and in any event ignorance is no defense, In conclusion
review of both the short and long form of environmental
Assessment reveal some discrepancies. They provide little
data. At least one is, some of which is of questionable
accuracy. As I examined the environmental assessment form, the
area of the property is sited to be 1.47 acres. This is
precisely the areas of lots 13.3 and 13.4. The property
incorporated in the Site plan before you includes fQr a total of
2.99 acres. The area of lot 14 alone is calculated to be 1.52
acre's. Obviously lot 14 can't stand alone. It is also obviou~
that the environmental assessment forms in the file do not
include all the area shown on the site plan. Also the
assessment form describes surrounding land usage as
BOARD OF TRUSTEES 16 MARCH 24, 1994
residential. This would hardly be characterization. Perhaps
the preparer of the application was confused by the fact that
portions of the property area were and are assessed as vacant
residential land. My observation~ lead me to conclude that most
if not all of the properties easterly highway frontage is
severed from the highway by a Department of Transportation card
rail. If this is the case the DOT apparently does not consider
this a safe or perficies area for highway access. In view of
the questions raised, I request t~at the Board of Trustees deny
this application summarily. Thank you.
TRUSTEE KRUPSKI: Mr. Geraghty, Mr. Flynn raised a comment on
ownership, could you answer that question of ownership?
MR. GERAGHTY: It is a joint ownership, my son and I. In the
application that was mentioned. As far as the violation was
concerned, that was a violation were someone has put fill on the
prouerty, which was not approved. We removed the fill and also
were fined $1,000.00 after the permit was granted.
TRUSTEE KRUPSKI: O.K. Thank you.
TRUSTEE ALBERTSON: You did not put the fill there?
MR. GERAGRTY: No.
TRUSTEE KRUPSKI: Does the Board have any other question? We
will keep this hearing open and publish it again for the April
28th regular meeting.
TRUSTEE KRUPSKI: 8:47 In the matter of LOUIS CORSO to
construct a 4' X 140' stairway with 4' X 12' retractable stairs
as per plans dated 8/6/93. Located 1020 Glenn Road, Southold.
$CTM 983-2-10.6. Would anyone like to comment in favor of
this application?
TANYA LACHENMEYER: Tanya Lachenmeyer from Land Use, if you
have any questions. Location of the project is off a ROW off of
Oregon Road.
TRUSTEE HOLZAPFEL: When I saw the cliffs going down I said that
can't be Glenn Road.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
against this application? Would the board like to make any
co,m~ent on this modified application? ~o I have a motion to
close this public hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE KRUPSKI: We will table the vote on this until we get the
CAC co~u~ents. Jill you can poll the board when the comments
come in.
TRUSTEE KRUPSKI: 8:55 - In the matter of Briarctiff LandsCape,
Inc., on behalf of PULS Family to construct a pool, deck,
fence and plantings including a non-turf area on east side of
pool and back to driveway as per plans dated 2/14/94. 97-6-1.2
TRUSTEE HOLZAPFEL: Is there anyone who has anything in favor?
Anybody against?
CLERK DOHERTY: CAC recommends to disapprove waiver request.
Council feels a full pe£mit because are slopes towards the creek.
BOARD OF TRUSTEES 17 MARCH 24, 1994
TRUSTEE HOLZAPFEL: Comments from the Board? What I was
concerned with was the vegetation. It is very close to that
marsh and we wanted to make sure that that wasn't changed at all.
TRUSTEE WENCZEL: I agree. -
TRUSTEE HOLZAPFEL: We wanted a backwash on ~the sw~m, ing pool as
far away as possible. Haybales and the normal things that go
with it. I was concerned that the vegetative buffer not be
removed. That area not be grassed as it originally was.
CAC, LOUCKA: How close is that pool to the wetland?
TRUSTEE HOLZAPFEL: 52'
CAC, LOUCKA: Why don~t they move it in front of the yard.
TRUSTEE HOLZAPFEL: It is, almost.
CACf LOUCKA: They have a big yard.
TRUSTEE HOLZAPFEL: I don't think you can have pools in front of
a house as far as zoning.
CAC, LOUCKA: You can't have it within 75' of the wetland
either.
TRUSTEE ~OLZAPFEL: I agree with that. We are trying to midigate
that. Any other co~ents?
TRUSTEE WENCZEL: I think that we should preserve as much of a
buffer on the side as possible. There should be no turf or any
disturbance beyond the extent of the pool and the decked in area.
TRUSTEE HOLZAPFEL: They are going to have a raised planter
outside. We said something like...A motion to close the hearing.
TRUSTEE GARRELL: I have to abstain myself from 'this hearing.
TRUSTEE ALBERTSON: So moved,
TRUSTEE HOLZAPFEL: I will second in closing the hearing.
ALL AYES.
TRUSTEE HOLZAPFEL: I will make the motion that we approve with
the following conditions: No disturbance within 10' outside of
the proposed wall (east and north).
TRUSTEE WENCZEL: Second. Ayes: Holzapfel, Albertson,
Wenczel. Abstain: Krupski, Garrell.
TRUSTEE WENCZEL: I make a motion to go back on the regular
agenda.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE KRUPSKI: V. ASSESSMENTS/ENVIRONmENTAL DECLARATIONS:
i. DANIEL MCCONLOGUE requests a wetland permit to construct
a 2-bedroom, 1-bath. extension to eXisting house and a 3' x 20'
catwalk over existing walk, replace and repair a 6' x 8' dock.
Located 900 Truman's Path, EastMarion. 31-12-4. CACrecommends
approval with stipulations. They recommend approval of the
addition. They recommend approval of walkway anddock with the
following stipulations: 1. The walkway must go straight
down from the top of the bluff to the dock. 2. Walkway must be
atleast 3' above grade to allow growth under the walkway and
prevent erosion. 3. All disturbed are~ should be planted with
a mixture of tall fescue and red rescue and perennial rye
grass. I have to ask the members of the CAC, why do want a
straight walk?
BOARD OF TRUSTEES 18 MARCH 24~ 1994
CAC, ANGEL: The way the bank is at this site, we believe that
if you had a angled walkway down the slop that is would promote
more erosion to the bank.
After further discussion a motion was made by TRUSTEE KRUPSKI
and seconded by TRUSTEE ALBERTSON to grant a negative
declaration. The applicant will s~,h~it a new survey showing
walkway straight down prior to next months public hearing.
ALL AYES.
3. CHRIS PICKER/ELL on behalf of CORNELL COOPERATIVE
EXTENSION request an exception under an acquacultural activity
and waiver of fees under Chapter 97-12 for a shellfish research
project. However, the board will go thru the full process as
this project will be publicly funded. A motion was made by
TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to grant
exception. ALL AYES.
2. WILLIAM KELLY AND SANDRA SIKORSKI request a wetland
permitto construct a single family dwelling with septic system,
excavate and backfill disturbed areas, see berm pond and area.
Located Brigantine Drive, Southold 79-4-62.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL for a negative declaration. ALL AYES.
VI. RESOLUTIONS:
1. Board to set p~hlic hearings for April 28, 1994 regular
meeting for those applications that have received a negative
declarations and the following applications that are Type II
actions:
a. Daniel Lyons dock
b. Anna Stalzer bulkhead
c. David Gordon addition
A motion was made TRUSTEE KRUPSKI seconded by TRUSTEE HOLZAPFEL
to set public hearings. ALL AYES.
2. Southold Town Board of Trustees requests of the Southold
Town Boars to proceed without delay, to amend the code, Chapter
32-13 code Change as requested. This code change is not for a
new program.
The following motion was made by TRUSTEE KRUPSKI and seconded by
TRUSTEE HOLZAPFEL; ALL AYES.
Whereas; the Southold Town Board of Trustees see the need to
better organize the moorings over Trustee owned bottom;
whereas; this represents a revision of the existing mooring
codes and regulations;
whereas; a result in code change will benefit safety and general
welfare of the Town Residents using the Town Waters; be it
RESOLVED that the Southold Town Board of Trustees request that
Southold Town Board proceed without delay to amend the code
chapter 32-13 as requested.
BOARD OF TRUSTEES 19 MARCH 24, i994
3. Board to authorized Roderick Van Tuyl to put 1' contours
on map of East Road end for NYSDEC application. Approx. cost
will be $300.00.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to authorize change on map. ALL AYES.
4. Board to vo~e on application for VICTQRRERISI to
construct a one-family dwelling, gutters, drywells and landscape
plan of Soil Conservation (landward of 6' contour line).
Located Snug Harbor Road at Marine Place on Gull Pond, East
Marion. 35-5-37.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
WENCZEL to approve project subject to Soil Conservation
comments and that the be~m can be built at same time.
ALL AYES.
5. Board to vote on Bruce Anderson reports dated March 22,
1994:
Robert Searl, Fishers Island
Anthony Petrilli, Fishers Island
A Motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to approve reports and forward to the applicant.
ALL AYES.
VII. MOORINGS:
1. THOMAS COYNE requests a mooring in Richmond Creek for a
17' inboard/outboard with a 150 lb. mushroom. Access: Public.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to approve mooring subject to the Bay Constable
placing mooring. ALL AYES.
2. DONALD WILLIAMS request a mooring in Mattituck Creek for an
18' outboard with an 801b mushroom. Access: public.
A motion was made by TRUSTER KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to approve mooring subject to the Bay Constable
placing mooring. ALL AYES.
III. Continued
5. J.M.O. Consulting on behalf of RICHARD OLIVERI request
the last extension to construct a one family dwelling, to expire
September 28, 1994. Located Crescent Avenue Fishers Island.
As the applicant did not request an extension in a timely
fashion, the Board will not grant an ~xtension.
6. RICHARD ISRAEL request a wavier to Article II 97-21 J as
per 97-22, for permit $3952 for the dock at ~ii ~ond.
A motion was made by TRUSTEE KRUPSKI and sec¢,n~C~X~~D FILED BY
HOLZAPFEL to grant this waiver. ALL AYES.
Meeting adjourned at 9:50 p.m.
R~esp e~l~ubmitt e d,
~o;~Cler k
Board of Trustees
THE SOUTHOLD TOWN
Town Clerk, Town of Southold
New York State Department of Environmental Conservation
Building 40--SUNY, Stony Brook, New York 11790-2356
(516) 751-1389
FAX (516) 751-3839
Thomas C. Jorling
Commissioner
August 7, 1992
Gardiners Bay Estates Homeowners AssOc.
P. O. Box 342
East Marion, NY 11939
Attn: Mr. Lawrence J. Matzen
RE:
UPA ~i-4738~00462/00001_0
Gardiners Bay Estates Homeowners Assoc. Property -
Dogwood Lane Right-Of-Way
Dear Mr. Matzen:
on May 21, 1992, ~he Department conducted an on-site
inspection of the property located 6n the Dogwood Lane Right-Of-
Way. i-
Pursuant to the field inspection, it was determined that the
are~ is vegetated with both intertidal and high marsh and. that the
addition Of a ~econd ca--~-wwalk would degrade the underlying tidal
wetland due to increased shading. Additionally, given ~easonable
alternatives, the second catwalk is neither reasonable nor
necessary.
Therefore, please be advised that, as proposed, your proj'~ct
does not meet the standards of permit ~issuance as set forth in
Tidal Wetlands Land Use Regulations, 6N¥CRR, Part 661.9(b) (1)(i)
and 661.9(b) (1) (iii). A copy of Part 661 is enclosed for your
reference.
The Department therefore recommends as an alternative that the
applicant modify the project to install only one catwalk,
constructed a minimum of 3½' above g~ade over tidal wetlands,
connected to one main float with three fingers. This Configuration
would provide access to all the proposed floats while minimizing
damage to the tidal wetland..
Mr. Lawrence J. Matzen
August 7, 1992
Page 2
Before review of your project can commence, the following must
be. submitted:
- Four copies ~f a modified plan which shows one ca~walk, one
main float with three fingers and all marsh area accurately
depicted (a copy of your plan i s enclosed with
recommendations noted thereon);
- Four copies of a revised cross-section, to scale, which
shows modified structure and, most importantly, distance
above grade (minimum 3~') over tidal wetlands. All marsh
area must be accurately.shown on cross-seCtion; and
- Names of'adjacent landowners.
Upon receipt of the requested information, processing of your
application will resume.
you have any questions.
DG/rw
enc.
cc: file
Please do not hesitate to contact me, if
Sincerely,
Darleen Ge
Program Aide
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.~RK
DATE HOUR
Town Clerk, Town of Southold