HomeMy WebLinkAboutTR-07/21/1994 Albert J. Krupski, President
John Holzapfel, Vice President
William G. Albertson
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
S0uthold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
MINUTES
JULY 21, 1994
PRESENT WERE:
Albert J. Krupski, President
John Holzapfel, Vice-President
Peter Wenczel, Trustee
Martin Garrell, Trustee
William G. Albertson, Trustee
Diane J. Herbert, Clerk
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: Thurs. July 28, 1994 at 7 pm
TRUSTEE GARRELL moved to approve,
TRUSTEE HOLZAPFEL seconded. ALL AYES
NEXT FIELD INSPECTION: Thurs. Aug. lB, 1994 .at 12 noon
TRUSTEE GARRELL moved to change date to Wednesday, Aug. 17
TRUSTEE HOLZAPFEL seconded. ALL AYES
APPROVE MINUTES: April 28 & May 26, 1994 Regular Meeting
TRUSTEE ALBERTSON moved to approve,
TRUSTEE HOLZAPFRL seconded. ALL AYES
I. MONTHLY REPORT: Trustees monthly report for June 1994: A
check for $5,755.69 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. RICHARD FRERKING is in receipt of the Notice of Action
regarding his application for a catwalk, ramp, and float. He
requests the Board to consider if he could provide 5 checks for
$114 each dated the first of each of the next six months, or,
extend the period for the permit fees for six months without
having to re-apply. Located 680 Deeu Hole Drive, Mattituck.
SCTM %115-12-9
TRUSTEE HOLZAPFRn moved to approve extend the payment period for
one year.
TRUSTEE Kt~U~SKI seconded. ALL AYES
2. ANN BERRYMAN requests a waiver to construct a 6' high
vinyl fence 55' along her western property line, or if possible
extend out to the beach as pedestrians and deer coming from
Youngs Road are eroding the beach and cutting through her
property. Located 2100 Youngs Road, Orient. SCTM #18-2-1
TRUSTEE KRLrPSKI moved to table the request until he calls her
and try to explain that she cannot put fence down to beach.
TRUSTEE ALBERTSON seconded. ALL AYES
3. Roy Stakey on behalf of CLIFF POLACEK requests a waiver
to extend his deck 6' X 6' as per drawing. Located Deer Drive,
Mattituck. SCTM %114-10-1
TRUSTEE ALBERTSON moved to deny the waiver and ask applicant
to submit a full permit.
TRUSTEE WENCZEL seconded. ALL AYES
4. WILLIAM W. JOHNSON requests a one year extension for the
construction of a one year extension for the construction of a
40' X 55' house, with a 20' X 25' garage, walkway and. a 6' X 24'
floating dock. Located Clearview Ave., Southotd. SCTM
%70-10-28.3
TRUSTEE WENCZELmoved to approve the one yesr extension.
TRUSTEE ALRERTSON seconded. ALL AYES
5. MAURICE JEZO requests an amendment to Pezmit $352 to have
2- 6' X 20' floating docks rather than 1- 6' X 35' floating
dock. Located 62 Maple Lane, East Marion. SCTM $35-5-25
TRUSTEE HOLZAPFEL moved to approve the amendment.
TRUSTEE ALBERTSON seconded. ALL AYES
TRUSTEE HOLZAPFEL moved to go off the regular meeting.
TRUSTEE ALBERTSON seconded. ALL AYES
IV. PUBLIC HEARINGS
T~IS IS A PUBLIC HEARING IN THE MATTEROF ~ FOLLOWING
APPLICATIONS FOR PERIF/TS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD, I HAVE AN AFFIDAVIT' OF PUBLICATION FROM THE
SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLTCATTONFROMTHELONG
ISLAND TRAVELRR-WATCMMAN. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMRkwfS FROM THE_PUBLIC.
PLEASE E2IEP¥OURCOMMENTS' ORGANIZR~ANDBRIEF%
FIVE (5) MINUTES OR LESSr IF POSSIBLE
7:25 p.m. - In the matter of J.M.O. Consulting on behat~ of
THOMAS W. RUSSELL, JR. to reconstruct and upgrade an existing-
rock revetment by installing a 65' X 18' rock slope. 2 to 4 ton
boulders shall be utilized, by placing them atop filter fabric
and a 1' layer of rock chips (4" - 6" tailings) and a 1 - I 1/2
slope will be created. No ~out of any t!rpe will be used and
any disturbed areas will be filled with loam and seeded.
Located Fox Ave., Fishers Island. SCTM #6-1-2
TRUSTEE KRUPSKI: Anyone here who would like to speak against
this project? Anyone here who would like to speak in favor of
this project?
GLEN JUST: I am before this Board if there is any questions.
TRUSTEE. KRUPSKI: We inspected it, and talked a.hout it. Would
someone like to make a motion to close the hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEES HOLZAPFEL: ~ make a motion to approve said application.
TRUSTEE ALBERTSON: Second. ALL AYES
7:27 p.m. - In the matter of J.M.O. Consulting on behalf of
ROBERT SEARLE to construct a single family dwelling, second
story decking, sanitary system, gravel driveway, regrade and
remove from site approx. 900 c.y. of material in order to
excavate for foundation and driveway, home heating oil tank ta
be located in basement (sealed) and tank shall meet or exceed
all requirements of the SCHD, install and maintain a
continuous line of staked hay bales on.top of erosion control
bank. Located Private Road, Fishers Island. SCTM $7-2-8
TRUSTEE KRUPSKI: Is anyone here who would like to speak against
this application? Anyone here who would like to speak in favor
of this application?
MR. JUST: I am the agent for this application, and it's been 4
years now for due process.
TRUSTEE KRUPSKI: Again, I think we've been through this
numerous times. We've had our consultant go over it to find any
inconsistencies and all those have been answered to our
satisfaction and I think I would be happy to entertain a motion
close the public hearing.
TRUSTEE GARRELL: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE GARRELL: Move to approve the application.
TRUSTEE ALBERTSON: Second. ALL AYES
7:30 p.m. - In the matter cf CARLO DE GAUDENZI to install a
10' X 30~ "Geoweb" boat ramp. Said boat ramp will be planted
with spartina alterniflora and spaztina patens after
installation. Located 3520 Ole Jute Lane, Mattituck.
SCTM $!22-4-p/o 26
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
against this application? Is there anyone here who would like
to speak in favor of this application?
TANYA LACKENMEYE~: I am the agent for the De Gaudenzi3 s if
there are any questions.
TRUSTEE KRUPSKI: Again, we've been around the horn with this
one. I don't think we have too many questions.
MS. LACKF~4EYER:
installation and
TRUSTEE GARRELL:
MS. LACKENFIEYER:
of that job.
TRUSTEE KI~UPSK!:
MS. LACKENMEYER:
TRUSTEE KRUPSKi:
Land Use personally will be doing this
we ~3arantee a two year stt~vival rate. Have you done that before?
Yes, we did one before and we sent pictures
What time of year will you be doing this?
In the fall or spring.
Do you have DEC approval?
Not yet, no. We ~ust faxed them the
negative declaration.
TRUSTEE KRUPSKI: They might have some sort of .... because it's
herbitity I think we want give. that some consideration as far
as the time of year and the matter in which it's gonna be
excavated. That's my big concern there, the herbitity during
installation, and I just wonder if the DEC doesn't have some
standard plan that they require, that the applicant go through.
MS. LACKENMEYER: I haven't gotten any feed-back on it yet.
George Hammarth, who I have been tr~ing to contact for a
status, hasn't responded.
TRUSTEE HOLZAPFEL: Did they give you a 'window' or not?
MS. LACKENMEYER: No.
TRUSTEE KRU~SKI: I don't think the one in Coram .... that wasn't
into the inter tidal area was it?
MS. LACKENMEYER: It was a little above it.
TRUSTEE HOLZAPFEL: You need the opportunity for the plants to
grown though.
MS. LACKRNMEYER: If we were to complete it in the fall, by
spring time it would have a good start.
TRUSTEE KRUPSKI: I think we would require a couple of rows of
staked hay bales at one at mean high water, one at mean low
water to keep that material from gaining a momentum and going
down, and maybe at the top, throe rows, to keep that
water .... suppose you had frozen ground conditions in the winter
and you get a lot of water cascading down there. And the sand
of course, in the inter tidal area, wouldn't be frozen. And
that could cause a problem of scouring out into the compazLa~nts
cf the web. One condition I would like to p~t on here,
something that we used on the farm, is you use the material
that's similar to grape netting to stabilize the soil, and the
spartina would be able to grow through. I'll entertain a
motion to close the hearing.
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE G~q~ELL: Second. ALL AYES
TRUSTEE Ei~UPSKI: I'll make a motion to approve the boat ramp
with the plans as s~bmitted with the condition that there be 3
rows of staked hay bales to be left in place until the marshhas
established itself one at MLW and one at Mh~W and one at the
top of the bank, and the one at the top of the bank has to
extend along the bank at both ends in order to prevent lawn
run-off from eroding the ramp.
TRUSTEE~OLZAPFEL: Second. ALL AYES ~
7:36 p.m. In the matter of DREDGE SPOIL SITES with regard to
dredging the mouths of creeks in Southold Town owned by the
Board of Trustees. The Board would like the input as to
possible dredge spoil sites.
TRUSTEE KRUPSKI: If anyone would like to make any co~L,~,ent in
any individual creek, please identify yourself.
NATHAN HICKS: I'd like to address a situation at the mouth of
Orient Creek. I'd like to present a copy of the Coastal Erosion
aerial. The area that I'm concerned with is the area under the
"S" in Southold. It would be area of the bulkhead at the end of
Harbor River Road and the mouth of the creek. I think the
aerial photo would indicate the severe erosion that's occurred
in that area because of the bulkheadr the prevailing grip in the
harbor which is east to west and the fact that the entire
balance of the harbor in that area is in pervious. All the way
through potato garden. The possibility of amy natural
replenishment of sand to the dune has been precluded. In my~
estimation the primary cause of this is one was the creation of
the bulkhead in 1932 by the State of New York, added to that is
the fact that they received permission at that time to alter bhe
harbor bottom. When they dredged twelve below MLW adjacent to
the foot of that street and along the front of m~ property that
twelve feet as best as I can judge, still, exists today. It has
never filled in 6 inches. The beach spot of Orient Harbor which
would be at the far left of this now, in other words in the
westerly direction, for centuries had been the known beach spot
in Orient Harbor, and it was the spot that the creek was
attracted to. That's where the water wanted to go where the
deep water was in the harbor. Now it's finally going the other
way. Also you can see from the little area where the creek
opens out, in the north southerly direction, at the terminus of
the harbor, it's certainly at this stage it's far too restricted
an opening for a body of water, if you superimpose the area of
Orient Creek, on a map of Orient, you would cover an area all
the way across the Village of Orient, past the cemetery. And
it's that body of water that's forced out through this one
little opening. As a result, a large buildup to the west of
that opening, is basical!ywhere the material from the front of
this property has gone and everything from there goes west and
goes west and then finaltywhen they do work at the causeway
they take tax dollazs and they pay to move material out of town
and it all comes from our end. of the harbor. I~ve asked that
the area be given consideration. It could take a substantial
deposit of spoil. It would be ideal material. I'm in the
process now preparing an application to try' to repair the stone
embankment that extends in the corner of that creek, which would
in itself help retain this material. I have an aerial photo
that I purchased this property in 1951 which would indicate even
as late as 1951 the harbor line which is about the equivalent of
the end of the bulkhead. At it's south westerly corner. This
erosion back from that point has taken place since 1951. There
is no natural replenishment for it. I think the
consideration...your looking for input for dredge spoil.. I
would only quickly ask that I could produce documentation as to
why I think the mouth of this creek should receive some sort of
priority for an opening. Not for navigational purposes but just
for a life and safety purposes. 'Cause sooner or later a big
storm is gonna come when that creek is full and that quadrant
of a hurricane pushing the wrong way on the full tide and
breaking through the small dune that I'm left with that's been
eroded down because of this action and I think you feel .... I
know you feel the high water because they do now, but the wave
surge will carry all the over to Village Lane. There's a
tremendous.amount of water that's just gonna break through
there. It should be some alteration to it. The site would
readily take umteen yards of spoil. It would be an acceptable
method of replenishment to the owner, and I would be acceptable
to the co~Lu~unity. An awful lot of people have over the years
who have used this beach as bathing. It's left open for people,
they use it for fishing for snappers, so on and so forth. It's
practically non-usable at the moment. It's eroded down to
nothing but large stone at the bottom and it's an evolution that
wasn't caused by God yet I construe it basically due to public
action, both the state of N.Y., and doing the work originally.
They have proposed to bulkhead the entire front of that at that
time and the entire side of the creek. The highway
subcontractor to the state in 1932 tried to sort the job to
return up the creek and as a result the whole thing went down
the drain and they worked off the end of the street only and not
off of this property. The continuation of the bulkhead at the
end of the street, and there have been discussions about doing
away with the bulkhead. It might slow a problem for only a few
months. And then it would only become even worse. The primary
thing would be to ..... if I could find some people who could put
away the bifocals and look at these stringent regulations
particularly of the DEC, which do everything to protect the
wetlands against intrusions by the upland owners, such as
myself, but does nothing to protect me against the intrusion of
thewettand on a valuable piece of property. I think it should
be a two way street.
TRUSTEE KRUPSKI: Anyone else?
JOHN PIERSON: I didn't realize this was orr dredge spoil
sites, I'm not an expert on that. I did want to mention ~bat
Richmond Creek is getting very narrow and seems that the beach
is being utilized by more and more people. As it becomes more
and more narrow the current increases, and it's getting to be a
very narrow width where people swim and boatsc~e in and out.
It's very difficult, t don't know if it's related to this or
not, but there seems to be an odor this year than the past
years. The low tide has caused this or the water is not moving.
TRUSTEE KRUPSKI: We've met out there with the Regional
Director, Ray Cowan of the DEC. we took him out there by boat
this spring and they had a problem, the DEC issues the permits,
the county does the work and all this is done. at the Town's
reco~m~endation. So three governmental agencies quite
often .... there's a problem. So the county and the state were
having a problem on Richmond Creek, and we tried to intercede on
behalf of the Town residents to tr~to resolve it, and I think
we did. But right now there's a dredge window and they can't
dredge in the s~L~er time. So this work should be done in the
fall. We discussed different areas to be dredged. Originally
that creek went straight out in front of the Emerson place in
front of the road ending and the mouth of it was almost all the
way by the mouth of Corey Creek. Historically. When the
county dredged they~failed to realize that the water wants to
flow where it wants to flow and they made a straight channel
out. Well naturally the water wants to fill iht hat channel and
flow the way naturally wants to flow. That's why they hav~ to
keep maintenance dredging.
NICHOLAS POTT: I also recommend the dredging' in RicPn~ond
Creek. The last time there was a major dredging of Richmond
Creek the area to the west of the creek was built up several
feet. Since that time there's been quite a growth of marsh
grass and also see trees now. We were anxious not to put any
more dredge spoil on top of what is already there. I"ve net
spoke now to the Park District but if the spoil was to be put in
the eastern part of the creek, that would be more of an
appropriate place.
TRUSTEE KRUPSKI: The fact that they' keep putting it on the west
side then the water keeps putting it right back in again.
They'll probably recommend putting it on the Park District side
this year. This might be a case where we alternate years. One
side one year the next year the other side.
JOHN COSTELLO: (Basically said the same thing but recommended
Kenny Beach as spoil site).
RUTH COOK: (Stated that the posted signs that indicate speed
limits, need repair).
TRUSTRR KRUPSKI: I'd like to thank everyone for coming
tonight. I'll entertain a motion to close the hearing?
TRUSTEE HOLZAPFEL: So moved.
TRUSTEEE ~T~ERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: I'll take a motion to go off the public
hearing and go onto our regular meeting.
TRUSTEE ALBERTSON: Second. ALL AYES
VI. RESOLUTIONS:
1. Larry Matzen on behalf of GARDINERS BAY ESTATES requests
a Grandfather Permit to include 261 feet of bulkhead and docking
that adjoins the bulkhead under Permit $3818. Located end of
Old Orchard Lane, East Marion. SCTM 937-5-23.2
TRUSTEE KRUPSKI moved to table the application pending CAC
comments, and put on July 28th meeting.
TRUSTEE HOLZAPFEL: Second. ALL AYES
V. ASSESSMENTS:
1.. SOUTHOLD PARK DISTRICT requestsa permit to cles~ property
on the east side of the Wharf House, Founder's Land~ rig, Terry
Lane of overgrown weeds, small trees and beach grass with heavy
machinery. SCTM ~65-1-19.t
TRUSTEE KRUPSKI moved to clearing of overuzownweeds & small
trees but no beach grass. A letter to this will be dr&wn~upby
Trustee Krupski.