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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.