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HomeMy WebLinkAboutTR-04/30/1992'I~RUSTEES SUPERVISOR John M. Bredemeyer, III, President SCOTT L. HARRIS Albert J. Krupski, M., Vice President Henry P. Smith Town Hall John B. Tuthlll $$095 Main Road William G. Albertson P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES APRIL 30, 1992 PRESENT WERE: John M. Bredemeyer, President John B. Tuthilt, Trustee William G. Albertson, Trustee Albert J. Krupski, Vice President Henry P. Smith, Trustee Jill M. Thorp, clerk WORKSESSION 6:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, May 28, 1992 at 7 p.m. WORKSESSION: 6:00 p.m. NEXT FIELD INSPECTION: Thursday, May 21, 1992 at 8:00 a.m~. I. MONTHLY REPORT: Trustee monthly report for March 1992: A check for $6,917.12 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. Mrs. William Wells request waiver for a firebreak between cottage and the PhragmiteS growing nearby. Located ROW of South Harbor Road, Southold. TRUSTEE BREDEMEYERmoved to approve the application, TRUSTEE TUT~ILL second. ALL AYES. TRUSTEE KRUPSKI abstained. 2. James McMahon on behalf of the Tow of Southold request a waiver for the road drainage project proposed as part of the BOARD OF TRUSTEES 2 April 30~ 1992 Goose Creek Water Quality Program for Pine Ave, Southotd. Site Plan attached. TRUSTEE SMITH made a motion to waiver the fees and permits, TRUSTEE TUTHILL second. ALL AYES. 3. Cutchogue Harbor Marina request waiver to construct' drywell in front of the shed, to install stone on driveway area and to construct a toilet and sink facility inside the shed for the exclusive use of their yardmen and mechanics, so as to avoid them having to walk to the other side of the marina. Located West Creek Ave, Cutchogue. TRUSTEE TUTHILL moved to approve the waiver, TRUST~ ALBERTSON second. ALL AYES. TRUSTEE SMITH abstained on all matters. TRUSTEE TUTHILL moved to approve the waiver for the toilet and sink facility inside shed, TRUSTEE ALRERTSON second. TRUSTEES BREDEMEYER & KRUPSKI voted ney on this waiver. TRUSTEE TUTHILL moved for approval of waiver for stone driveway, TRUSTEE' ALBERTSON second. ALL AYES. At this time 7:40 p.m. the Board went off the regular meeting to go into Public Hearings. TRUSTEE SMITH moved, TRUSTEE KRUPSKI second. IV. PUBLIC HEARINGS: 7:40 p.m. In the matter of Costello Marin~ on behalf of Virginia RUmpler to install 75 1.f. of timber bulkhead to connect to each adjoining properties existing bulkheads. Truck in approx. 80 c.y. clean sand fill. Located at Goose Creek Lane, Greenport. TRUSTEE BREDEMEYER: Is there anyone who wishes to speak on behalf of this application? SUE LONG: First of all we did receive approval from NYS DEC, and I'd like to give you a copy of that. In they're approval they did ask for a slight revision and I have a revision copy for you to look at. TRUSTEE BREDEMEYER: This is an attachment for each? SUE: That is the revised of page one. I think it was revised April 13th. The DEC went out to the property and they asked that we pull back some, let me see what I wrote here, they wanted the east end of the bulkhead set back landward 3 feet because there was a little bit of wetlands vegetation. TRUSTEE BREDEMEYER: So the setback from the neighbor bulkhead shown is 15' where as the original application may have only been 12'. SUE: That's right. TRUSTEE SMITH: Will it still tie into the other? SUE: There will be a little opening the adjoining property may have to build to extend our return. TRUSTEE BREDEMEYER: Has anyone approached the neighboring property owner to try to do it all the same time? SUE: I think the DEC is co~LLunicating with that property owner. TRUSTEE KRUPSKI: On the west side it will tie in with the adjacent bulkhead? BOARD OF TRUSTEES 3 April 30, 1992 SUE: Yes. TRUSTEE BREDEMEYER: Is there anyone who wishes to speak, oh DEC has comments. BRUCE LOUCKA: We approved it. Our only request was that there be a buffer behind the bulkhead. TRUSTEE KRUPSKI: A non-sodded buffer? BRUCE LOUCKA: Yes. TRUSTEE BREDEMEYER: If there are no further contingents, I'll take a motion to close this hearing. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion to amend the application as per request of DEC? TRUSTEE KRUPSKI: So moved. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE B~EMEYER: Motion to approve this matter? TRUSTEE SMITH: I make a motion we approve with the revised plan that we got today and with the no sod. Jay, how about we ask for a swale too so that when they grade this it doesn't directly discharge over top of bulkhead.? TRUSTEE B~EMEYER: Fine. BRUCE LOUCKA: Did you put that in ours that the bulkhead be higher than ..... TRUSTEE BREDEMEYER: No we just asked for the vegetated buffer. OK so motion was made and second with a request for swale. ALL AYES. 7:45 p.m. In the matter of Glenn Just on behalf of Norman Wiedersum to install an additional 6' X 30' float which shall be anchored by two 12" X 16' piles. Located on Gull Pond Lane, Greenport. TRUSTEE B~RDE~EYER: Is there anyone here who wishes to speak on behalf of this application? Is there anyone here who wishes to speak against this application? I believe the DEC had no problem with this one. I did the site inspection for the board. I had some misgivings with the 40' float. This persons almost extends from property line to property line, and I'm over concerned with about riparian rights, it seems the structure is fairly close to the plot line. Let me get the property dimensions so we can do an exact comparison. The property is 100' long, and we're talking about two 6' X 40'. And so we're talking 80' of float, so you have a set off of 10' on either end. TRUSTEE KRUPSKI: Why don't we reduce to our standard policy of 15' on either side. TRUSTEE BREDEMEYER: That's what I think. That way we would be approving a second 6 X 30' float. Seventy of float still wouldn't particularly limit the size of boating in this instance. Henry, Do you think this creates any kind of hardship for the large boats? TRUSTEE SMITH: No. TRUSTEE BREDEMEYER: I just didn't know if It should be something that should be tailored or not. It would just eliminate a little more light, it would be nice to keep some light going in there. Anyone else have co~m~ents? Is there anyone BOARD OF TRUSTEES 4 April 30, 1992 who wishes to speak against this application? There being no further co~,,,ents, I'll take a motion to close the hearing in this matter. TRUSTEE KRUPSKI: So moved. TRUSTEE SMITH: Second. ALL AYES. 7:50 p.m. Southold Town Trustees will hear comments on proposals to increase the hard clam catch limits for Town waters for the purpose of making reco~,endations to the Town Board. The present limits are 1,000 clams co~m~ercial limit and 100 clam non-commercial limit. A request has been received to increase the commercial limit for a minimum of 2,000 clams. TRUSTEE BREDEMEYER: Should be noted that this current law has been ruled unenforceable by the town courts because the definition of 'little neck' is not in the code and previous attempt to define 'little necks' failed because the market determines the size of the clam and its a variable change that continues all the time. Is there anyone here who wishes to speak with respect to the request to increase the clam counts and reco~,endation to the Trustees or help this board formulate a request to the Town Board? BRUCE: The CAC sent the Trustees a letter a year and a half ago, suggesting that you look into adopting the state requirements and laws pertaining to size and limits. The Shellfish Advisory Coim~,ittee met last night and strongly recommends you approach the Town Board with a request to adopt the state regulations. The baymen themselves felt that in the winter the closed'areas conditional opening, that it could be closed 7 days and 7 days I haven't worked. If I find a spot where I can make up the 7 days I lost, If I can get 5 counts, I don't think anybody will, I should be ~ble to take that. TRUSTEE KRUPSKI: Is that what the state is, unlimited? BRUCE: Yes. TRUSTEE BRED~: Did the state end up imposing the limit on the residential. which had been proposed? BRUCE: It was two peck, half a bushel. TRUSTEE BREDE~EYRR: Because there was a another request to down size that to 100 clams. BRUCE: I don't think it's been done yet. We felt it would be easier as far as the size and limits, and as far as the oyster closure which the state doesn't close but the Town does, and scallops, the size and limits of hard clams. TRUSTEE BREDEMEYER: MY suggestion was going to tracka little differently. I feel good that we have a shellfish advisory committee, and a good committee at that. I know we're increasing our grow out through Cedar Beach, and we've got the best facility on the East End, so we're putting a lot of clams out there so my feeling was we should sort of loosen up on both. I thought maybe raise the homeowner and commercial limit proPortionately if we are to raise or not go to state entirely for both classes. I felt to do one class and not the other at this point, I just don'~ know. I get a lot of complaints from homeowners that say 100 clams when I'm having a barbecue only takes care of my wife and myself and none of the guests. Is BOARD OF TRUSTEES 5 April 30, 1992 there anyone here who come to hear discussion on shellfish or participate? TRUSTEE SMIT~: Jay, What's the limit on non-co~L,~lercial, for State? TRUSTEE BREDEMEYER: I think it's half a bushel. BRUCE: That's two hundred and fifty. TRUSTEE SMIT~: The have the CAC and shellfish advisory committee asking for to go on state. TRUSTEE BREDEMEYER: We've got all our conservation advises go that way. If we'r~ going in a direction we should go in a direction that is enforceable and fair. And right now we have neither. TRUSTEE SMIT~: I'll make a motion that we adopt the state limits as requested by the shellfish advisory committee and the CAC for hard clams° TRUSTEE TUT~ILL: I'll second that. BRUCE: Now where does oysters fit in on that? TRUSTEE BP~DEMEYER: We don't have a request for oysters yet. We heard a rumors that we might get a request. And scallops will be next year after they vacuum town waters. MR. MCMAHON: The definition of what is a 'little neck', what is a chowder clam, and that's where the enforcement problem originated. TRUSTEE BREDEMEYER: Was it ten bushel oyster limit? Or is that unlimited too? BRUCE: that's unlimited too. It's ten on scallops. ALL AYES 8:00 p.m. Meadow Lane, Mattituck TRUSTEE. BREDE~gEYER: This next hearing is in the matter of a wetland enforcement on a property in Mattituck which was form of a subject of a lengthy environmental review before this board for Town wetland permit. Just at the outset I want to say that the hearing in this matter for those people who are here is with respect to enforcement and is not a rehearing in the entire mat~er initially granted. And those items of interest to the Board of Trustees are those that relate to what individuals may have seen or heard in relation to the de-vegetation and or any, 'cause :they may to directly relate to that, I want to keep the Boardwithin the confines of its role here. This hearing is at the request of the person who received the violation under the law, so that this board can properly aid the courts or judicate the matter itself through the permit process or the permit that it was previously written. HaVing said that at this time I would like to ask anyone here representing the violation in this matter and who is properly to speak to a violation issue to William Moore who is the then owner of the property and also describing James Fisher as a contract vendee. Violation indicating that terms of permit ~452 were violated in that by disturbing 30' buffer adjacent to wetlands and dated April 16, 1992 on a complaint ticket. Anyone here to speak directly to that? JAMES FISHER: I'm not the owner of the property, I'm only the contract vendee. I'd just like to eXplain what happened when I BOARD OF TRUSTEES 6 April 30, 1992 p~rchased this property from Bill Moore. I talked with Jim Mc Mahon who was the real estate broker on my purchase of this p~operty. Prior to the closing we were on contract for almost a year, because the contract, the closing was subject to getting a renewal of Suffolk County Health Dept. permit and makinH sure that everything that had been done previously that was a variance that runs with the land, and just making sure that everything was current and up to data. It took almost a year to close and I talked to Bill Moore about wether I could do anything to clean up the property. "Cause some of the neighbors had dumped stumps on it and they had made a clearing in the center of the property in order to I guess to show that they had started construction in the ten foot elevation. So there were a lot of cat briars and grape vines and honey suckle that was growing from the groUnd up into these many trees and I talked to Jim Mc Mahon and he talked to the people at DEC to find out if I could remove all these things. Jim said he talked to the people there and they said it was Ok to remove it but by hand. My idea was to get in with a pay loader or something with a bucket and try to pull them out of~the trees but they said your not supposed to disturb the land.. Well the land was not disturbed. We brought people in there and they did it by hand and cut the cat briars at the ground and pulled them all out of the trees. They worked a day and a half just pulling these things out. There were some dead trees in there which we have not touched and dead limbs on live trees which we have not touched. I'd like to ask to have the Trustees, all of you, ~isit the property. TRUSTEE B~Eb/EYER: Yes the entire Board has seen the property. ~. FISHER: Since this has been done? TRUSTEE BREDE~EYER: Correct. MR. FISHER: This was my motivation because t was afraid the trees that were there would be killed, but vines and everything growing up would be removed. The C & R's were not attached to the Trustee permit, this was something different at a different time, and I have no way of knowing. I live in Southampton Village, I don't live up here and I have no way of knowing that the governinH body I thought was the DEC. When they told me I could pull these vires out of the trees I assUmed it was OK to do it. Now, I'm a believer in conservation and the ecology and I'm a financial supporter of the Peconic Land Trust and Nature Conservancy and my purpose of doing this thing was to improve this property. I wasn't in there with a bull dozer demolishing things. It's my property and enhance the view. I certainly didn't intend to violate any statutes. TRUSTEE KRUPSKI: At the time you authorized the work to be done, who owned the property? MR. FISHER: Bill Moore did. TRUSTEE KRUPSKI: And who gave you the OK to clear again? MR. FISHER: Bill Moore told me on the phOne. I told him there's all this junk that had been dumped on the property, some big stumps and had dropped some trees and I wanted to get them. removed from the property, and even though we hadn't closed yet, it was OK to do it. BOARD OF TRUSTEES 7 April 30, 1992 TRUSTEE KRUPSKI: I'm talking strictly within the 30' buffer zone that was one of the conditions that we ran into the problem. MR. FISHER: The problem was our conversation. We didn't get into specifics as to 'this can be done, this can't be done'. TRUSTEE KRUPSKI: That's part of the problem2 who gave you the OK to go ahead and do it. MR. FISHER: I talked to Jim McMahon about it and he said he talked to people at the DEC and it was O.K. to pull them out provided you do it by hand and not go in there and disturb the property and land itself. There are 3 or 4 dead trees and you can see now that the foliage is coming out that these trees are dead and I purposely left them there. MR. MCMAHON: One of the problems I think, that Jim mentioned before is that the C & R's are not attached to. The C & R's were created after the permit. This buffer only came up after the work was done. I was not aware and Jim was not aware and his attorney was not aware of the 30' buffer zone because it is not attached to the permit. TRUSTEE KRUPSKI: The person who authorizes work, Bill Moore, who owns the property as he said at the time of the work, had to fully aware, because the permit was issued to him. TRUSTEE BREDE~EYER: Not only that, he's an attorney. He has more than the common knowledge. TRUSTEE KRUPSKI: Just the change of hands can't eliminate the violation° MR. FISFiER: If that's the case, I didn't discuss specifically with him pulling the cat briars out of the trees. I told him I wanted to go in and clean up that mess, clean-the lot. TRUSTEE BREDEMEYER: For the purposes of this board, helping to come to a proper conclusion in this matter, I have here a letter. "We the homeowners of Mattituck Estates, neighboring properties and concerned residents of Southold Town, as the Town Board Trustees demand the present owner, owners of lot 42 Meadow Lane, Mattituck William Moore Kramer restore the 30' natural wildlife barrier that was cleared by the prospective owner Mr. James Fisher of Southampton by allowing to grow back to its natural and original state before the proposed house is built upon the lot. You understand this is an obvious disregard to the community wildlife values and is in violation of the restrictions of wetland permit 452 granted by the Board of Trustees dated September 17, i985. The nesting area thicket especially bordering the lot 42 Pond extending from the large pond destroyed on March 5, 6 & 8th, was the home of several permanent inhabitants such as herons, and kingfishers as well as numerous returning seasonal water fowl. This is a small fragile wetland eco system that we wish to protect as part of the future of such marginal wetland areas of our.beautiful North Fork. Thank you for your continued dedication to this mutual concern of ours. Signed by the petitioners." For the Boards consideration are there an~ individuals here who would also like to speak now with respect to this enforcement matter? MR. FISHER: I'd like to make a co~Lent on that petition if I may. As far as this wildlife that is supposedly nesting, we found no evidence of such a thing. The people who live right BOARD OF TRUSTEES 8 April 30, 1992 across the pond from me have they're lawn and they maintain their lawn right down to the water. They have a dock that there was never a permit for, there's of big tree house that there was never a permit for, there are 15 metal stakes running out all the way across the pond and down a 90 degree angle. Metal poles that have been driven into the pond~ that these people in the area who are so concerned about the ecology, then why is someone allowed to have dock and this big tree house built there, and if you were at the property you would have seen that, these metal stakes out to the pond, why don't they let that lawn grow back to natural vegetation? TRUSTEE KRUPSKI: This is the sort of thing that we are trying to avoid here. TRUSTEE BREDEMEYER: We're not trying to provide justification for additional behavior that's inappropriate to a setting such as this. The owner across the water had maintained area historically prior to better knowledge in these areas and maybe we can encourage him to do the right thing. But he has a prescriptive and previous right established when such things were legal. MR. FISHER: Does that apply to the dock that has and to the tree house and pipes running out into the pond and all the way across. TRUSTEE BRRDEMEYER: The dock maybe, I don't think the Trustees have ever had a treehouse removed. BARBARA COSTANZO: I'm so upset now that I don't really think that I should speak. We moved there 10 years ago and we have learned a great deal. The tree house the gentleman refers to, I have a son who is 18 and son 16, a daughter i4, and a daughter 9. When we first moved there the first thing we wanted to do was build a tree house. If you take a look at it it's broken down plywood. The reason why we didn't take it down was because the raccoons go up there. TRUSTEE KRUPSKI: Excuse mef but the public hearing is for the violation of the permit subject to the property. MRS. COSTANZO: But I don't think that was~appropriate. TRUSTEE KRUPSKI: But we recognize that it wasn't. MRS. COSTANZO: I went over there at about 8:45 a.m., and the gentleman who was clearing the property, and I went there because it was actually in the cat briar. I have watched the procedure since 1985 of this slow clearing of this little bit of land that was level and I don't think the neighbors put any stumps in there. There were never any stumps in the middle, it was all clear. There might have been sometking on the edges of the property, but there was nothing in the middle. So on March 5th, the gentleman who was cleaning the property was actually in the catbriers. Mr. Fisher came over and explained all about what was going on the property. TRUSTEE BREDEMEYER: I will agree with you, I reluctantly voted approval on the matter after much deliberation and soul searching. I spent over twenty hours to try to come to terms with this permit myself including about 5 hours in the tree house and time spent directly on the lot in proximity of the pond lead me to believe that the Catbrier althoughit is know BOARD OF TRUSTEES 9 April 30, 1992 for poor feeding value was providing indispensable cover to the resident songbirds and visual cover for the water fowl on the perimeter. That was the reason I specifically requested that the buffer be put in the permit. MRS° COSTANZO: I have some pictures here and you can see that there was dsfinitely nesting there, tt was also a sound barrier. I never hear the yellow bus that picks my daughter up now we hear the bus. There an opening there. TRUSTEE BPR~EMEYER: I'll tell the way that lots configured, when I was sitting down at the pond doing a wildlife survey, the bus is a very imposinq feature of the morning because of the way that lot slopes. You'd think the bus was going to hit you when your down there as it is, and that buffering probably did a lot with respect to the noise. Is there any other individual who lives in the neighborhood or wishes to speak with respect to the hearing? DOTTIE PATH: I live in Cardinal Drive. This property that we're speaking of is undersize to begin with. It doesn't fit in with any of the Mattituck Estate codes or the So~thold Towns. JOHN DEBROWSKI: I live on the Main Road. Mr. Debrowski stated the same opinions as the other neighbors. TRUSTEE BREDEMEYER: I want to request does the board feel they want a transcript of this for further consideration or would they like to put on for worksession for next so I can prepare ahead of time. TRUSTEE TUTHILL: I think it should be on worksession. TRUSTEE BREDE~EYER: There being no further comment, I'll take a motion to close the hearing in this matter. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. 8:30 p.m. Brick Cove, Greenport TRUSTEE BRED~: This particular violation was given to yourself and Brick Cove Associates. If you have any problems with the accuracy of the notice just so we determine that you are properly named. Isn't Brick Cove Associates a corporate entity? MR. ZAHNER: It's a partnership. TRUSTEE BRED~4EYER: In other words you don't have counsel. I just want to establish with some certainty that you are authorized to speak on behalf of Southold Bay Associates. MR. ZAHNER: I'm the General Manager. Merle Wiggins has been officially authorized to represent Southold Bay Associates and Mr. Wiggins is not a professional engineer, so I work with Merle. TRUSTEE BREDEMEYER: The Board met on site with you and discussed the item of the violation and also is in receipt of a request to amend the wetland permit to include some of those areas that were not gotten. MR. ZAHNER: They told me they will approve the work. Before we could drag line fremthe shore, we had to have permission from DEC. Jerry Latham slow dredged, got minimal, very little soil on the filter fabric, and he told me at the time we could BOARD OF TRUSTEES 10 April 30, 1992 continue. We submitted photos both before and after. Unfortunately I thought I was on a deadline of March 31st. He gave me verbal permission, and work began on March 26th. So I did not go by you people as I should. Since that time I talked to Bob Thurber, Chuck Hamilton, and they told me they will approve this, and I can~ vouch as a professional engineer that they did approve this. I submitted an amendment. We had to have a 5' projection by 5' wide, off the fixed dock. 5' violates the 4' wide walkway requirement by the DEC. Chuck Hamilton told me Tuesday he will approve.that because our existing dock is 200' long X 6'. The old dock was 180' X 8'. There are many, many square feet ahead and there is very little wetlands if any underneath. The other thing was a secondary disposal area. We are getting our trucks stuck in the mud. All things behind the house were removed. I should also tell you the additional yards involved. It's 350 yards as best as I can estimate. TRUSTEE BREDESIEYER: We already indicated in our co~m~,unication to you that basically the use of the spoil area behind the house was non-jurisdictional for us. We received a number of materials from you. Do we have a letter that covers the request that you show on the sheet here. MR. ZAHNER: Yes, there is a dual letter to you and to DEC of April 20. TRUSTEE BREDEMEYER: Good, I just want the clerk to make sure. we have it in the file and that be read aloud for consideration by the Board. I talked to the Trustees Environmental Consultant, Bruce Loucka, at length. He felt that in respect to our environmental review in the matter, and initially was conclusive enough and that he felt after doing the return on the article 78 proceedings to the Town Attorney that the granting of the additional dredging which was unforeseen but really was covered by the environmental review, would not cloud or hurt return on that article 78 or in any way hurt the permit. He felt we could gOahead and approve the permit. I want to read into the record as well, even though he's not here, but as a sense of fairness a complaint letter from Mr. Flynn. Let it not be said thatwe did not entertain both sides of discussion on these hearing matters. TRUSTEE KRUPSKI: This one is addressed to David de Ridder. "Dear David, Enclosed are 4 marked up S1 drawingsWhich show in red a requested, amendments to your February 25, 1992 amendment to Permit for Brick Cove Marina. The areas we were respectfully request changes are as follows: approval of additional drag lines, sloW dredging in the south most and north most near'shore areas facing the boatyard. Both within property boundaries, and perform the filter fabric protecting the marine grasses as per Charles Hamiltons March 26 1992 operational inspection of Terry Latham drag line technique. Photos will be provided before and after. Second item is approval of second dredge disposal area behind the property residence as trucks were getting stuck in the accumulated mud in the primary area. No wetlands exists within 150' of this area. Third item: Approval for 6 5' X 5' projections on the 200' long fixed dock facing south at each of BOARD OF TRUSTEES 11 April 30, 1992 the 6 fingers to project the finger ramps out deep water. No wetlands grow on these projections. Yours very truly, Howard Zahner & Merle .Wiggins" We have anOther one here. "Mr. Bredemeyer, I have estimated the additional dredge disposal to be removed during my drag lines scope additional dredging requested in my April 20, 1992 letter to NYS DEC copy to you, the amount of 350 yards. Please note that all dredge dirt and spoil be put in the area behind the residence. Secondary disposal area has been removed to Southold Town Land Fill as of April 29, 1992. Yours very truly, Howard Zahner" ~R. ZAHNER: I have another drawing showing DEC requests. And it so states by DEC staff the disposal has been removed at the 'secondary site. TRUSTEE BREDEMEYER: I thir~k it would be wise to have something as neat as possible. Do you have more copies that you need for D~C? MR. ZAHNER: I do in my car. TRUSTEE BREDEMEYER: What we will do is, this information we can consider this further. I want then, if the board will accept, close the hearing in this matter, and take a brief 5 minute recess for the board to take a breather and then come back in and close the meeting for an executive session with respect to this law enforcement matter and ask that everyone leave the room. TRUSTEE KRUPSKI: I will read this letter. "The Board of Trustees dated April. 5, received April 7, 1992. Sirs: For a corporation in the record of this proceeding on March 31, 1992 I had informed Bay Constable Dzenkowski that I had observed dredging on a caption property outside the areas designated on the survey. Constable Dzenkowski confirmed my Observation and issued a summons and stop work order. I further informed the Constable that I believe the cubic yardage actUally dredged far exceed the 2900 cubic yards which a permit hadbeen issued. I asked him if he had taken any measurements of the spoil pile to estimate the yards removed. He replied that the Trustees had told him to do so but he hadn't had the time to do so, do to the press of other duties. The Trustees Permit of November 15, 199i had among its conditions ~29 A & G supervisionsof dredge operations. Judging from my observations and the Constables statement, I belieVe no such supervision was exercised. The height of the spoil and the temporary spoil disposal in de-watering location appears to be at least twice the 4 1/2 feet provided for on the survey. The spoil also appears to overlap the designated area and to be dispersed throughout the site. As a practical matter and as-conniving Circumstantial evidence the property has been dredged for approx. 60 working days. The permit entails 2900 cubic yards. This would result in a daily average of 60 yards. As far as reason that the owner would hire a contractor complete as many as 3 cranes, a hopper barge, work boat, dump trucks, earth moving and miscellaneous equipment, My observation of the size of the container on the barge and the number of times it was done supports my opinion. It would have been a comparatively simply job to measure and estimate the yardage accumulated on the site. A BOARD OF TRUSTEES 12 April 30r 1992 conversation with Mr. Bredemeyer indicated that this had not been done and that it was not the intention of the Trustees to do so. The spoil is being trucked to the Southold Landfill in unholy rush and it is apparent that no tally is being keDt there. One can only conclude the Trustees are not interested in wether the terms of the permit have been violated or not. Checking soundings on dredge area provides no measurement of the yardage removed, or obtained the depth reported. In addition, such soundings can be made at a select locations. It has twice been report to the Bay Constable that dredging was being conducted outside the permitted perimeters. These incidents were confirmed by the Constable. In addition, my observations on other occasions have led me to believe that he is dredged beyond the boundaries of the dredging zone. The only reliable check on this is measurement of the spoil removed. It is apparent that the Trustees have no intention of doing so. The property owner or his agent has also has been sited as illegally widening Sage Blvd. and disposing of the debris in the wetlands. It is also alleged that he removed utility poles which was not even located on his property. Further, the owner has twice violated stop work'orders issued by Justice of New York Supreme Court, The Trustees have issued a conditional permit for this subject property, or in effect, a conditional negative declaration. Since all these violations have occurred during the period reported supervision by the Trustees and the Bay Constable it is obvious that no confidence can be placed in any intention to enforce these conditions, now or in the future. As for the owner enforcing any aspects of these conditions his record speaks for itself. F.M. Flynn." TRUSTEE BREDEF~/ER: I prefer not to discuss what the Board has further in the matter of enforcement here, nor request that Mr. Zahner or Mr. Leverage discuss further° Basically we presented Mr. Flynn's letter. We have received your request to amend according to activities which you proport were under the operating authority of the DEC and~those additional activities of which you requested. At this time I'll take a motion to close the hearing in this matter. TRUSTEE SMITH: So moved. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BREDEMEYER: I'll take a motion to take a 5 minute recess. TRUSTEE KRUPSKI: So moved. TRUSTEE SMITH: Second TRUSTEE BREDE~EYER: What is your pleasure in the Brick Cove Marina matter? TRUSTEE SMITH: I move we amend the 350 c.y. TRUSTEE KRUPSKI: Second. ALL AYES. Back to Executive Session: 4. Joyce Laskin Beckstein request amendment to permit ~2264 to add a 6' X 20' float to existing dock to reach depth needed. BOARD OF TRUSTEES 13 April 30, 1992 Located 670 Holbrook Lane, Mattituck. TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON second. ALL AYES. 5~ Sidny Olmsted request amendment to permit @2237 to add a $' X 20' float to existing dock as indicated on plan. Located Westphalia Ave., Mattituck. TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI second. ALL AYES. 6. John Dempsey request amendment to permit 1965 to add a 6' X 20' float to reach depth needed. Located 705 Meday Ave., Mattituck. TRUSTEE SMITH moved to approve, TRUSTEE TUTHILL second. ALL AYES. 7. Bernard Turchiano request amendment to permit ~1264 to amend dock as submitted on plan drawn by Dr. Turchiano. Located 445 Bungalow Lane, Mattituck. TRUSTEE BP~DEMEYER moved to approve, TRUSTEE TUTHILL Second. ALL AYES. 8. Docko Inc, on behalf of Katherine Dupont request amendment to permit ~ 3966 move a 2 piles fender now installed at the location shown on. the attached plans as well as moving the floating dock 2 feet east, relocating the dock shed, and replacing the one crib with 2 piles for dock support. Located on a private road, West Harbor, Fishers Island. TRUSTEE SMITH moved to approve, TRUSTEE TUTHILL Second. ALL AYES. 9. James Rambo, Inc. on behalf of Harbor Lights Canal Association request an amendment to permit ~3832 to allow approx. 3500 c.y. of dredge spoil to be placed at Kenny%s Beach, Southold for beach nourishment. TRUSTEE SMITH MADE MOTION TO APPROVE, TRUSTEE KRUPSF~ Second, ALL AYES. Moved to Hearings: VII. MOORINGS 3. Keith Brinkman request to change his mooring from East Creek to Mattituck Creek as he is buying Rudolph Damm's house and would like to take his mooring as well. TRUSTEE ALBERTSON moved to approve, TRUSTEE TUTHILL Second, ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS 1. Peter Dohrman on behalf of Claude Sher (Formally Bayley) built house on property located on Old Wood Path off South Harbor Road, Southold. Application has been submitted and permission to continue construction has been given. No fill shall be brought in. TRUSTEE KRUPSKI made a motion for a negative declaration, TRUSTEE TUTHILL second. ALL AYES° 2. En-Consultants on behalf of Dan Kohn request permit to remove and replace pilings in existing bulkhead. Resheath inside of 182 1.f. of existing bulkheads & backfill with 225+ BOARD OF TRUSTEES 14 April 30, 1992 c.y. of clean sand to be trucked in from upland source. Remove and replace all decking and framing, all of which is located landward of bulkheads. Board to consider emergency permit for applicant to do work, as an old pipe that is possibly leaking should be removed as soon as possible. Located little Peconic Bay Road, Cutchogue. TRUSTEE KRUPSKI made a motion to give a negative declaration, TRUSTEE TUTHILL Second, ALL AYES. 3. Glenn Just on behalf of Michael Maher request permit to construct approx. 182' of timber bulkheading with a 17' return at the northern end. The proposed bulkhead shall be constructed at a point approx. 27' landward of the M~W line. The proposed bulkhead shall then be backfilled with approx 300 c.y. of clean sand which shall be trucked in from an upland source. Applicant also proposes to construct a second floor addition to the existing single family residence, to construct existing stairs to beach and to add a landing to the stairway, to construct a hot tub and to construct decking as per enclosed surveys as prepared by Roderick Van Tuyl, PoC. last dated 3/25/92. After the construction of the bulkheading, if approved, the applicant shall then contact the Suffolk County Soil Conservation Service requesting that this agency aid in the preparation of a bluff planting plan. Located at Nassau Point Road, Cutchoque. TRUSTEE KR~/PSKI made a motion to give a negative declaration, TRUSTEE TUTHILL second, ALL AYES. 4. Parker Wickham request permit to regrade the bank and sccd as per plans of the Soil & Water Conservation District. Thomas McMahon of the S & W Cons. Dist. will be overseeing the work. Located Airway Drive, Mattituck. TRUSTEE BREDEMEYER made a motion to do work on emergency basis and to have an additional inspection to be paid on this, have Bay' Constable on site to confirm S & W Cons. had been there. TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE KRUPSKI moved for a negative declaration,-TRUSTEE BREDEMEYER second. ALL AYES. 5. Donald Cocks on behalf of Matt-A-Mar Marina request approval on storage building as indicated on as built site plan dated March 11, 1992~ Located Wickham Ave. MattitUck. Tabled. 6. Lawrence Matzen on behalf of Gardiners Bay Estates Homeowners Association request to construct a 3' X 25' catwalk, with 6 piles, elevated 4' at spartina, 3' X 12' ramp, 4' X 24' float with 2 - 3' X 14' fingers and 3 piles, and to remove existing catwalk and dock 12' east as per revised plan dated April 28, 1992. Located Spring Pond, East Marion. TRUSTEE SMITH moved we give a negative declaration, TRUSTEE TUTHILL second. ALL AYES. TRUSTEES KRUPSKI & ALBERTSON ney. Coastal Erosion & Wetlands 7. Fred Eber request permit to fill bank with top soil and replant bank with Rosa Ragosa and beach grass. Also request to realign rocks at toe of bluff from existing rocks on beach. BOARD OF TRUSTEES 15 April 30, 1992 Applicant request emergency approval for this project. Located 335 Soundview Road, Orient. TRUSTR~ SMITH moved for emergency approval, TRUSTEE TUT~ILL second, ALL AYES. TRUSTEE KRUPSKI motioned for a negative declaration, TRUSTEE TUT~ILL second. ALL AYES. TRUSTEE SMITH moved for Grandfather Permit, TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE SMITH moved for approval subject to maintenance agreement, TRUSTEE K~UPSKI second. ALL AYES. 8. En-Consultants on behalf of Murry Kla~per to remove and replace 103 1.f. of timber bulkhead approx. 12' landward of present location and armor with 1-3 ton tone. Small returns (3+/-) will be necessary on both sides tc attach to existing walls that remain and are functional. Backfill with 300+/- c.y. of clean sand to be brought in. Located on ROW off Oregon, Cutchogue. TRUSTEE SMITH moved to give negative declaration, TRUSTEE KRUPSKI second. ALL AYES. 9. En-Consultants on behalf of Roger Vorce to construct 200+ 1.f. of timber retaining wall to connect to and be in line with partially constructed wall on other land of Vorce directly east. Armor retaining wall with 1 ton rip-rap. An 18' return will be constructed on west side. Approx. 350 c.y. of clean sand will be trucked in for backfill. Wall will be ~hove spring high water. Located on ROW off Bridge Lane, Cutchoqueo TRUSTEE KRUPSKI made a motion to approve, TRUSTEE TUTHILL SECOND. ALL AYES. TRUSTEE BREDEMEYER moved to rescind this matter until we get CAC comments, TRUSTEE KRUPSKI s~cond, ALL AYES Tabled. 10. John Weisbrod request permit to realign base of bluff to form a barrier type structure using existing rocks on beach then back fill the bluff with top soil and plant beach grass and Rosa Ragosa with 12" centers. Located $oundview Road, Orient~ Applicant request emergency permit. TRUSTEE BRW~EMEYERmade a motion to approve emergency pez~,it, TRUSTEE KRUPSKI second, ALL AYES. Tabled. 11. En-consultants on behalf of Salvatore Passalacqua request to construct 150+/- 1.f. of stone armored timber retaining wall plus (2) 20 /- 1.f. returns. Back fill with 600+ C.yo of clean sand to be Trucked in. Proposed wall Will be 8' - 10' from toe of slope, depending upon presence of large boulders on and under beach. Face of bluff will be vegetated according to enclosed plan upon completion. A 4' wide stairway will be construCted from top of bluff to retaining wall, and a second 4' wide stairway built from top of retaining wall to beach. Located on ROW off Oregon Road, Cutchoque. TRUSTEE TUTFLILL made a motion to give a negative declaration, TRUSTEE KRUPSKI second, ALL AYES. 12. Christ Stratakis request permit to construct 100' of natural stone rip-rap seawall at the toe of the bluff. Applicant request emergency permit all in accordance with DEC BOARD OF TRUSTEES 16 April 30, 1992 Permit. Located 800 Sound Drive, Greenport. TRUSTEE KRUPSKI moved for an emergency permit, TRUSTEE SMITE second, ALL AYES. TRUSTEE KRUPSKI moved for a negative declaration, TRUSTEE TUTHILL second. ALL AYES. 13. Nicholas Yuetys request permit to install 16 pilings with wood and steel girders to replace foundation damaged in storm. Located 56005 County Road 48, Southotd. TRUSTEE KRUPSKI made a motion to approve the application, TRUSTEE TUT~ILL second. ALL AYES° VI. RESOLUTIONS 1. Board to set public hearings for the May 28, 1'992 regular meeting. ao Set public hearing for John Geideman on behalf of Gerald Weir request to construct a 4~ X 60' dock, 3' X 10' ramp and an 8' X 20' float on Richmond Creek~ Located on ROW off Indian Neck Lane, Peconic. b. Glenn Just on behalf of Sidny Olmstead for Savvas Milienos to construct a 4' X 43' (elevated 4' over grade) fixed dock, 3' X 15' ramp and 6' X 20~ float. Outside of boat on shall be no further than one third of the total distance of the width of the Creek at low tide. Located Westphalia Road, Mattituck. c. Samuels & Steelman Arch. on behalf of .Lawrence Cervon tto construct new stairs & deck down to intermediate level and to beach from grade of the residence. Located on 8460 Peconic Bay Blvd. Laurel. TRUSTEE SMIT~ made a motion to approve, TRUSTEE KRUPSKI second, all ayes. 2. Eustace Erikson request grandfather permit for a 5' X 65' fixed dock with 19 support pilings, 7' X 20' float and a 5' X 27' float as noted on survey. Located 1085 Westview Drive, Mattituck. TRUSTEE SMIT~ made a motion to approve with subject to 2 members to inspect and SEQRA & fees. TRUSTEE KRUPSKI second. ALL AYES. 3. Robert Johnsen request permit to construct an 7' X 24' floating dock with a 3' X 16' ramp. The public hearing was held March 26, 1992 and held over for a vote. Located Ole Jule Lane, Mattituck. TRUSTEE KRUPSKI approved, TRUSTEE SMITE second. ALL AYES. 4. Joseph Spitaliere request an extension on permit ~3742 to expire on June 23, 1993 for the construction of a dock. This is the last extension on this permit. Located Orchard Lane, Southold. TRUSTEE KRUPSKI approved, TRUSTEE TUTHILL second. ALL AYES. BOARD OF TRUSTEES 17 April 30, 1992 5. Lawrence Matzen on behalf of the Gardiners Bay Estates Homeowners Association request an extension on pe£~L~it ~3840 to run with the DEC dredge permit which is to expire 'March 31, 1994 or to run with the US A~,y Corps. permit which is to expire March 27, 2000. Located at end of Old Orchard Lane, East Marion. TRUSTEE KRUPSKI motion to approve to run concurrent with the DEC permit which expires March 31, 1994, TRUSTEE TUTHILL second. ALL AYES. 6. Frank Francia - Board to rescind resolution to February 27, 1992 to move the dock as Mr. Francia could not get a letter of permission from neighbor. Located Cedar Beach Drive, Southold. TRUSTEE BREDEMEYER moved to rescind, TRUSTEE TUTHILL, second. ALL AYES. 7. Land Use Co. on behalf of Corey Creek Association request approval to construct a dock facility for the Association as per latest revised plan in file. Located Corey Creek Road, Southold. 'TRUSTEE SMITH made a motion to approve, TRUSTEE TUTHILL second. 'TRUSTEES Ki{UPSKI ~ ALBERTSON ney. 8. James McMahon on behalf of Southold Town request to close the following areas to shellfishing, for the purpose of an oyster transplanting program, commencing on May 18, 1992 and ending on June 15, 1992. Note: Taking of oysters is prohibited in Southold Town waters from May I to August 31, 1992. TRUSTEE ALBERTSON moved to close these areas to shellfishing, TRUSTEE TUTHILL second. ALL AYES. 9. Cook/Wortis map dated 5/6/87 Boundary lines, as amended 11/1/91. TRUSTEE KRUPSKI moved, TRUSTEE ALBERTSON second. ALL AYES. VII. MOORINGS J. Maria Diakovasilis request mooring in Mattituck Creek for a 24' Crist Craft with a 1501b mushroom anchor. Access: Love Lane ramp. Applicant has been on waiting list since 2/90. TRUSTEE BREDEb~M~ERmoved to approve, TRUSTEE KRUPSKI second. ALL AYES. 2. Michael Zahariadis request mooring in Mattituck Creek for a 26' inboard with a 150 lb. mushroom anchor. Access: Love Lane ramp. Applicant has been on a .waiting list since 2/90. TRUSTEE BREDE~iEYERapproved, TRUSTEE KRUPSKI second. ALL AYES. 3. Keith Brinkman request to change his mooring-from East Creek to Mattituck Creek as he is buying Rudolph Damm's house and would like to take his mooring as well. TRUSTEE ALBERTSON approVed, TRUSTEE KRUPSKI second. ALL AYES. 4J Michael Zahra request Stake in James Creek for 8' row boat. One stake was cancelled last year. Access: Assoc. BOAkD~ OF TRUSTEES 18 April 30, 1992 ROW. TRUSTEE BREDEMEYER approved, TRUSTEE SMITH second. ALL AYES. 5. Aaron Avent request duck blind in Broadwaters Cove with 4 anchors. Access: ramp. Table for inspection. 6. Anne MacKay request mooring in Narrow River for a 16' sail boat and request to take her name off permit $4 leaving it in the name of Cynthia Beer. TRUSTEE BREDENEYER approved, TRUSTEE TUTHILL second. ALL 'AYES. Meeting adjourned at 10:15 p.m. Respectfully submitted by: Diane J. Herbert, Clerk RECEIVED. AND FILED BY THE SOUTHOLD TOWN CLERK DATE q-~.3 -~a~ HOUR q: oo ~,~ Town Clerk, Tov~ of Southo]d