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HomeMy WebLinkAboutTR-07/30/1992 TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 PRESENT WERE: WORKSESSION: MINUTES JULY 30, 1992 John M. Bredemeyer, III, President Henry P. Smith, Vice-President Albert J. Krupski, Jr. Trustee William G. Albertson, Trustee John B. Tuthill, Trustee 6:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: WORKSESSION: 6:00 p.m. Thursday, September loth., 1992 at 7:oo p.m. NEXT FIELD INSPECTION: Thursday, September 3, 1992 at 8:00 a.m. APPROVE MINUTES: None. I. MONTHLY REPORT: Trustees monthly report for June 1992: A check for $5,172.15 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. Gus Klavas request amendment to permit ~1929 to add 6 piles to support bulkhead. Property located Arshamomaque Road, Southold. 66-3-6. Motion was made for an amendment by JAY and seconded by TRUSTEE KRUPSKI. ALL AYES. BOARD OF TRUSTEES 2 July 30, 1992 2. Costello Marine Contracting on behalf of Salvatore Cucinotta to remove 4 piles and replace with (2) 2 pile dolphins. Located Bay Ave., Cutchogue, Little Creek. 104-3-15. Motion was made to approve by TRUSTEE SMITH, seconded by TRUSTEE ALBERTSON. ALL AYES. 3. Joseph Zaiser request a waiver to|add a'15' X 20' room onto existing house. Located Mill Creek Drive, Southold. 135-3-35.1. Motion was made to approve the waiver by TRUSTEE SMITH, seconded by TRUSTEE KRUPSKI. ALL AYES. 4. Janet Walsh request a waiver to construct a deck as shown on survey of Rod Van Tuyl. Located Fleetwood Road, Cutchogue. 137-4-34. Motion was made to approve fbr waiver by TRUSTEE KRUPSKI, seconded by TRUSTEE TUTHILL. ALL AYES. 5. E. Mo Davidson request a waiver for accessory shed (12' X 18') that has been built. Located at the end of New Suffolk Ave. New Suffolk. 117-8-18. Motion was made to approve of waiver by TRUSTEE SMITH, seconded by TRUSTEE KRUPSKI. TRUSTEES stipulated approval only if shed is used for storage. ALL AYES. 6. Robert Dexter request waiver to reconstruct a fire damaged house and add a deck as shown on the attached drawing. He has DEC approval. Located Peconic Bay Blvdi. Mattituck. 126-11-20. Motion was made to grant waiver by'TRUSTEE KRUPSKI, seconded by TRUSTEE SMITH. ALL AYES. 7. Glenn Just on behalf of Savvas Milienos request amendment to permit ~4020 to construct the float 8' X 40' instead of 6' X 10'. Located ROW off Westphalia Ave., Mattituck. TRUSTEES agreed that applicant must send letter of approval by registered mail, from neighbors to use thisROW. Motion to table this application Was made by TRUSTEE SMITH, seconded by TRUSTEE ALBERTSON. ALL AYES. 8. En-Consultants on behalf of Anthony Cilluffo request amendment to permit #i952 (formally John Dempsey) to add 6' X 20' X 20' float and (1) piling to an existing dock to reach deeper water. Located 470 Haywaters Drive. Cutchogue. Mudd Creek. Motion was made to table until TRUSTEE KRUPSKI can make an inspection, secondedby TRUSTEE ALBERTSON. ALL AYES. 9o Proper-T Permit Services to amend permit 70-13-20.3/20.4 Joseph Cornachi, to indicate dredging Qf "south' channel to 3' below mean low water, under bridge. ~Otion was made to approve amendment by TRUSTEE SMITH, seconded by TRUSTEE TUTHTLL. ALL AYES. 10. Matt-A-Mar Marina application for waiver to pour concrete floor during month of August (floors will contain no drains as per Trustee request). Application approved for waiver upon inspection of Bay Constable. Motion was made by TRUSTEE SMITH BOARD OF TRUSTEES 3 July 30~ 1992 with notification of Bay Constable to inspect, seconded by TRUSTEE TUTHILL. ALL AYES. I1. Samuels & Steelman for David Weild to construct bulkhead, berm, raise house to higher elevation, build new timber retaining wall, raise garage, relocate existing driveway. Located 10450 New Suffolk Ave. Cutchogue. SCTM ~ 116-6-5. Approval held off until applicant arrives. Mr. Samuels arrived to clarify the applicants request. A motion to approve the amendment subject to reduction of raising the bulkhead from 6' to 4 1/2' was made by TRUSTEE BREDEMEYER and seconded was made by TRUSTEE SMIT~. ALL AYES. A motion with- respect to approval of amendment was made by TRUSTEE F~RUPSKI, and seconded by TRUSTEE TUTHILL. ALL AYES. 12. Winifred Weiss request a waiver to clear her property of overgrown brush that is directly across from her home, located Fleetwood Road, Cutchogue. 137-5-6 & 137-4-21. A motion to approve the waiver was made by TRUSTEE TUT~ILL and seconded by TRUSTEE KRUPSKI. ALL AYES. IV. PUBLIC BEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER T~E WETLANDS ORDINANCE OF T~E TOWN OF SOUTHOLDo I HAVE AN AFFIDAVIT OF PUBLICATION FROM T~E SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATIONS FROM T~E LONG ISLAND TRAVELER-WATC~F~AN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. 7:35 p.m. JAY BREDEMEYER - In the matter of the application of En-Consultants on behalf of Sharon Li to construct 206+/- 1.f. of timber retaining wall including (2) i8' returns. All will be in line with existing wall of Wernick to the west. It will be above MHW and be about 10' out from toe of bluff. Approx. 350 c.y. of clean sand will be brought in from access point at Duck Pond Road, East Mattituck, approx. 1 mile to west. Wall will be armored with 1-3 ton stone and have stone splash pad behind. Rebuild a portion of 3' wide steps destroyed by Halloween storm and add 4' X 4' platform and steps for access to beach. Located Bridge Lane, Cutchogue. Is there anyone here to speak on behalf of this application of Sharon Li? Is there anyone here to speak against this application? TRUSTEE KRUPSKI: I just want to know why that is beveled in instead of following the toe of the bluff? TRUSTEE BREDEMEYER : I noticed we~ve seen several like that here and that's the way they built them. Part of the problem wise in the fact that they don't put the retaining structure right at the toe of the bluff 'cause of practical problems of running their equipment, and they can probably finish it off thusly as to prevent over topping and scouring behind when they get a storm. TRUSTEE SMITH: They have to disturb the bluff to put in their ~deadmen' and they don't want to do that. It's just bad BOARD OF TRUSTEES 4 July 30, 1992 practiCe. So that's why they're built out, because there's no way your going to let them disturb the natural bluff. TRUSTEE BREDEMEYER: Are there any other trustee concerns or c~ents? There being none this application is properly applied for coastal erosion and trustee wetland and there is a proposed wetland agreement maintenance agreement subject to approval and final construction and inspection they can conclude a maintenance agreement to maintain the structure. There being no further comments, I'll take a motion to close the hearing. TRUSTEE SMITH: I make a motion to close the hearing.TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BREDEMEYER: The boards pleasure on approval for this? TRUSTEE SMITH: I make a motion to approve. TRUSTEE KRUPSKI: Second. TRUSTEE BREDEMEYER: Just for point of clarity the application will be approved for coastal erosion and management permit and town permit. ALL AYES. 7:40 - JAY BREDEMEYER: In the matter of the application of Vollmuth & Brush on behalf of William Johnson requests a permit to construct 40' X 55' house with 20' X 25' garage, walkway, 15' X 22' sitting area, 6' X 24' floating dock. HaybaleS will be placed during construction. Located Gagens Landing Road, Southold. Is there anyone who wishes to speak on behalf of this applicant? Is there anyone here who wishes to speak against this applicant? BRUCE LOUCKA: Has been amended since the original-application? TRUSTEE BREDE~EYER: Good question, we had asked for some changes. BRUCE LOUCKA: Like the deck over the.bluff. TRUSTEE BREDEMEYER: Let me see if we sent a letter on that. No we haven't seen it off and I think we did not communicate that out and get a response. TRUSTEE SMITH: We can approve that if we want to without that deck. TRUSTEE BREDE~EYER: I think so, 'cause I think they will never get a DEC permit, at least while we're alive. BRUCE'LOUCKA: The house is O.K. if they move the deck closer to the house. TRUSTEE KRUPSKI: What about final grade, are they going to have an ultimate grade there? What I mean is, what are they doing as far as cutting down PhragA~ites? TRUSTEE BREDE~EYER: We can put a permit restriction on that. TRUSTEE KRUPSKI: It says the property will be landscaped. TRUSTEE BREDEMEYEE: Is there anyone here who wishes to speak additionally in the matter of this hearing? BRUCE LOUCKA: I think we had something on the contour line. TRUSTEE BREDEMEYER: Let me read the CAC report, so we'll refresh every ones memory, as part of the public hearing. "A motion by Steve Angel, seconded by John McCormick was resolved to recommend the Trustees approval with conditions of Wetland Application of William Johnson 70,10-28.3 to construct a single family dwelling, provided the deck is constructed behind the 3' contour line, a 35' vegetation buffer is maintained, silt screen BOARD OF TRUSTEES 5 July 30, 1992 is for runoff from house and dr~ells for pool backwash." That's very adequate, and thorough response. Any further comments? TRUSTEE SMITH: I'll made a motion to close the hearing. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion with respect to approval in this matter? TRUSTEE KRUPSKI: I'll make a motion to approve the application, with the following conditions: deck be located above the 3' contour, as per CAC reco~mL~endations, and a 35' vegetative buffer is maintained from MHW. TRUSTEE TUTHILL: Second. ALL AYES. 7:45 p.m. - TRUSTEE BREDEMEYER: In the. matter of the application of J.M.O. Consulting on behalf of Wiliiam Riley to construct 145' of bulkhead with approx. 20 c.y. of clean sand. All in accordance with DEC Permit. Located Cedar Point Drive West, Southoldo Is there anyone here who wishes to speak on behalf of the applicant? Anyone here who wishes to speak against the applicant? The Trustees reviewed a proposal on this to reconsider amendments brought before the DEC in settlement of a violation on the site° TRUSTEE SMITH: The corrected that violation. TRUSTEE BREDEMEYER: Proposal is in keeping with the DEC permit issue for the site. TRUSTEE SMITH: They have a DEC permit, we looked at it, and I don't think we had any problem with it. TRUSTEE BREDEMEYER: I don't think anyone was happy, but I. think everyone came'to realization the site is constrained and that there is not many options available. I believe the CAC consistently recommended disapproval. We sent it again July 1st, to CAC. TRUSTEE F~RUPSKI: I still can't see where this is necessary, there's no erosion the property. TRUSTEE SMITH: The bank keeps dropping off. TRUSTEE BREDEMEYER: He keeps loosing the bank, he's got unstable soil. I can'~t see holding this guy back anymore where it's a railroad retaining structure. He's tried to achieve a delicate balance. Any other comments for or against by the trustees? TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE BRED~MEYER: A Motion to approve this matter? TRUSTEE SMITH: I'll make a motion to approve this matter. TRUSTEE BRE~~: Second. FOUR AYES, TRUSTEE KRUPSKI NO 7:49 TRUSTEE BREDESIEYER: In the matter of the application of Robert Dwyer on behalf of Aristides Giosasi to construct decks as shown on survey dated March 27, 1992. Property located on ROW off Indian Neck, Southold. Is there anyone here who wishes to speak on behalf of this applicant? Is there anyone here who wishes to speak against this applicant? Is there any comments from the Trustees? TRUSTEE BREDEMEYER: We requested dry wells, and they had no BOARD OF TRUSTEES 6 July 30, 1992 objection to putting them in. TRUSTRR KRUPSKI: They had a lawn there so I don't think they need a silt fence. TRUSTEE BREDEMEYER: A motion to close the hearing? TRUSTEE KRUPSKI: I make a motion to close the hearing. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion to approve? TRUSTEE KRUPSKI: I make a motion to approve with stipulation of dr~wetls. TRUSTEE ALBERTSON: second. ALL AYES &:53 - TRUSTEE'BREDEMEYER: In the matter of the application of J.M.O. Consultants on behalf of Stewart Rauch to construct a single family dwelling with associated sanitary system, stone driveway, dock, garage as per plan dated April 28, 1992. Located off Equestrian Avenue, Fishers Island. TRUSTEE BREDE~EYER: This application has been scheduled for a hearing, but there does remain some concerns that I had doing a review in the office following our initial assessment. Giving the fact that they're doing a lot slip and our assessment would have been a bit premature. I don't have any further to hear comment at this time. I haven't had an opportunity from the Planning Board or the Zoning Board whether this will muster-for the lot split. I make a motion to recess the public hearing and maybe republish till we can get a complete file. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: I suggest we put on for field inspection on August 4th Fishers Island trip. 7:55 - TRUSTEE BREDEMEYER: In the matter of the application of Aubrey Consulting on behalf of Burton G. Tremain, Jr. to reconstruct rock revetment on~ Fishers Island. The revetment will be Approx. 210' long and about 100 c.y. of sand will be used for backfilling placed against the existing bank and to an elevation equal to the existing bank, as per survey dated June 12, 1992. TRUSTEE BREDE~EYER: This application has been completed for coastal erosion and wetlands, but may still be minus a fee for coastal erosion. Board grandfathered the wetland. Is there anyone here who wishes to speak on behalf of this applicant? Anyone here who wishes to speak against the applicant. Motion to close the hearing? TRUSTEE KRUPSKI: I make a motion to close this hearing. TRUSTEE ALBERTSON: Seconded. ALL AYES. TRUSTEE BRED~: I make a motion to reco~Lm~end that we go into permitting on this and hold transmitting copy until appropriate fees are collected TRUSTEE KRUPSKI: Seconded. ALL AYES. 8:00 p.m. TRUSTEE BREDEMEYER: In the matter of the application of Christopher Connors to construct a one family dwelling on West Drive, Southold. Is there anyone here who wishes to speak on behalf of this applicant? DAN ROSS of Wickham, Wickham & Bressler: on behalf of the applicant, first ran through some history of this applicant. 'In BOARD OF TRUSTEES 7 July 30, 1992 Feb. 1987 in anticipation of purchasing the lot in question C.C. went to the Building Department and obtained a C.O. In the next month in March 1987 C.C. and his father bouqht the property for $57, 500. After inquiry the Town personnel basically told them it was OK he proceeded to place some fill on the lot. There was notice of violation issued by the Town. At the time the lot was not on the fresh water wetlands map filed at County Center. In May the application was submitted to this board. The board declared itself lead agency, there was a scopeing session and the next year in April of the draft of environmental impact statement was submitted to the Trustees. There was a request for additional information which was provided bY Roy Haje and in June of 1988 this board said until the applicant cleared up a DEC violation the drafted environmental statement was not complete. On Sept. 15 there was a consent order signed by DEC and on Sept. 18 this board said not only did the violation be cloared up but the DEC permit has to issued before the SEQRA hearing took place. That could not happen because SEQRA had to come first. Article 78 was commenced in Oct. 1988 board granted SEQRA hearing, however, the. permit hearing was not held at the same time as the SEQRA hearing. Article 78 was commenced with respect to the boards position and withdrawn at Mr. Connors request and just go forward and go to DEC and get permit. There was a hearing on the environmental impact in Nov. 1988 which the board has results of. The DEC has declared no jurisdiction. Our aPPlication is complete. We rest on the report of Mr. Haje tho environmental expert obtained by the Connors and his findings. You'll see in the hearing that was held before this court on SEQRA, Mr. Haje indicated that the proposal minimizes the impact as much as possible. If you have any questions, please continue. TRUSTEE SMITH: Do you have a Board of Health approval? MR. ROSS: No.we don't. TRUSTEE KRUPSKI: Didin't you see 4 years to realiz~ or to determine that it had no jurisdiction? MR. ROSS: Reviewing the Planning Board file, the DEC knew in 1988 that the pr~perty had been sub-divided. There's a letter from the Planning Board to the DEC. It was on a week before the trial on the condemnation action they issued the letter. Whether they knew I don't know, they knew the property had been subdivided and that is what they based their no jurisdiction on, that the property had been subdivided on previously to 1974 so they have no jurisdiction. When they know that I don't know. They knew it had been subdivided, did they know it was exempt, I suggest they did. If they didn't, they certainly should have. In any event we now have no jurisdiction letter from the DEC. I would ask is it this boards position that Health Dept. approval is going to be required prior to consideration to this application? I have some comments on that. First being, I think its the Health Dept.'s... TRUSTEE SMITH: You're going to have to get Health Dept.'s approval before you get your building permit. MR. ROSS: Sure. And it's the Health Dept.'s to take care of those matters and it's this boards responsibilities to look BOARD OF TRUSTEES 8 July 30, 1992 after the wetlands in the Town of Southold as your approval or disapproval is separate concerns° The other thing that should be pointed out is we can't go forward with Health Dept. approval without this boards approval. TRUSTEE B~DEMEYER: Or waiver or co~m~unication with that body 'cause they will wait for us. TRUSTEE KRUPSKI: They have worked with us in the past on difficult properties and they have issued permits so that we then can use their information on permits to act. TRUSTEE BREDEMEYER: Its just a matter of communicating with them, in other words they will say that that's their policy, they respect local jurisdiction out of hand. We try to work with peOPle or applicants so we don't put them in a "catch 22" situation, and where in a case where the Trustees might decide they would prefer to see a health approval first, we will communicate to them through our contact person. TRUSTEE KRUPSKI: They have been cooperative.. They issue permits before we have, if we request it and then we act on the application. TRUSTEE BREDEMEYER: The Board of Trustee in this and other cases has on occasion chosen to hold separate hearings under SEQRA and the wetlands ordinance. The problem may have been that I don't know if we published it as a separate, and we probably it a wetland hearing when it went to publishing, maybe not a not a SEQRA hearing. We concluded SEQRA by accepting the draft environment impact statement as complete when the answers came back from Mr. Haje. So we completed the environmental review, but I felt that given the fact that this had languished in the DEC so long it would be worth taking another look at the lot. I went up on my own just before the heav~ rains we had last Thursday, inadvertently the clerk had left it off the field inspections .and when I got back to the office I realized that I had wanted everyone to look at it as a group and then I asked several members, particularly members who were involved in the prior approvals to take a look at it. I was surprised when I was there that the character of the lot had lost some its wetland character and that would effect some of the decision making. I 'saw less Phragmites on the lot and wetland indicators and I saw one plant, purple loose strife, which is a garden variety plant which is a import if you will, even that seemed to have a little trouble coming through. I wouldn't know how large of an effect might bet maybe without a more detailed look maybe the board should look at it, but in my own mind the lot had changed. We had visited the lot in 1987 after heavy rains, the preceding years the groundwater table was up and I was impressed by the lack of wetland~character. TRUSTEE SMITH: I looked at it Jay, and I feel that if you want to go ahead and co~uL~unicate with the Board of Health, if they can secure a Board of Health permit for sanitary system, I can't see why this board can't go ahead and issue a permit. TRUSTEE BREDEMEYER: That's sort the way I'm looking at this as well. MR. CONNORS: As I mentioned to you over the phone, this has been 5 years, and basically I've been caught, trapped'between BOAP~ OF TRUSTEES 9 July 30, 1992 the Building Dept. approving it. We all know that's what 'happened. And now going through your process for 5 years. Basically you ruined it for me years ago, by doing this. The cost of this thing is obserd. Talk about a negative impact. What this has done to me and my family is unbelievable, you could not imagine. You're sitting up there it different. If you':re in my shoes it's a whole different ball game. I told you, I am not even interested in building on the lot anymore, you ruined that years ago. But I'm looking to do is to get my money, my investment out of there, and you left me no options, I have answers, what am I supposed to do. I am trying to make this: property sellable to somebody else and pass that opportunit~ onto somebody else. I don't have any interest in going to the Health Dept. I don;t want to build a house there anymore. It's over. I want to see if I can get a permit. Right now I couldn't sell this lot to anybody. If I can get a permit from you I'I1 pass this on to somebody else and let them proceed. You have already taken my heart out years ago. I want nothing to'do with it. You've forced into fighting. I've gone crazy over this, absolutely crazy, and I want to get out. I wanted to get out years ago. I don't know to get out. TRUSTEE KRU~SKI: This isn't a personal thing against you. MR. CONNERS: This is personal. TRUSTEE KRUPSKI: I understand you have hard feelings, I'm not going to comment on that, but all I'm saying is if you sell it to the next guy, we're going to scrutinize it just as hard. We're not geing to just grant him a permit, we're going to make him go to whatever we feel is necessary. MR. CONNERS SR:: I understand what you are saying but before we bought this land you admitted in this court that you gave us permission that that land was OK for building a house. MR. CONNERS: I didn't come ther~ to get a C.O. I know what a C.O. is, but I didn't come for any C.O. You know and I know I don't ha~e to. You told me I could build. That's your mistake and that's what I've been living with for 5 years. MR. CoNNeRS SR.: CoUncilman didn't tell you exactly I don't think, the only reason why the state gave it was to look for an excuse to get out. They either had to pay us for it or they had to give us the permit. They said "Oh we have no jurisdiction." Now you people, we're going to be in court in 6 months. I can't imagine that we can loose this thing. Anything can happen. I can't imagine. I delayed my retirement. This is your own government that treats its citizens that way, and to know you made the mistake. YOu send us off on inspections and environment studies after you made the mistake. MR. CONNORS: I don't want to fight with you people. I want nothing to do with this. To tell me now that I have to go to the Health Dept. I just want to resolve this thing.and get out of here, I don't want to build. TRUSTEE BREDEMEYER: You have to understand that we didn't ask to be presented with the situation where we went out a lot where we were ankle deep in water and looking at a violation. 'In other words, we in a sense, are victims too when the violation comes in our office and says, violation was issued and there was BOARD OF TRUSTEES 10 July 30, 1992 dumping took place and the Bay Constable sent out, the violation comes in, we've got to deal with the problem too. Our ways should right the permit. MR. CONNORS: The whole thing was dumped on my Shoulders. You know I called and spoke to Gary Fish. I'm not blaming him, I make mistakes too, everybody does, but at least they don't haven't come forward.and admitted it. I called the inspector so many times, and he won't talk to me. They compounded the error by just leaving me hanging out to dry. TRUSTEE BREDEME~ER: To be kind to everyone, this board would not want to be in the position to compound a mistake further by granting an approval that would create a lot that would be a public health threat or a health threat to yourself or seriously damage wetlands. MR. CONNORS: I'm asking you to give me a decision on mY application° MR. ROSS: I don't think the problem is your review of the application, I think the problem is the same problem in 19~88 when there was a by fornication of the permit from the SEQRA. That was wasn't an error, that was done intentionally, e~en though SEQRA says have all your hearings together, this board.decided let's not have a pezmit hearing now because the DEC, I believe, would give them the denial and we'll go from there.. -It seems as though were back in the same situation now° ~'s really no need for it because the Health Department is ~h protecting the public health. This board has its own charge and to wait for the Health Dept. decision. Determination in my estimation, an arbitrary and capricious act that just ties the situation upfurther. I don't understand what this board could gain from not determining this until Health Dept. makes their decision. TRUSTEE BREDE~: Because I raised an issue that I believe becauS~e of the time faCtor going back to the site legitimately the board could re~pen the SEQRA review and maybe even rescin~ the positive declaration. That would have to be for cause or reason and this change in elevation or dryness of the site from the extreme wet, t0 what we have is a fairly average year of rainfall the board would logically say "well the Health Dept. approVal details bringing in fill to construct a sanitary system". The limits of that fill does affect the amount of wetland and consequently a determination is there., maybe there's no wetland involved and the board can readilymove on to a permit. Maybe the amount of fill required does affect the wetland. So in a sense we have to have the idea. Or we can take the Health Dept. application that you have pending there and that statement that we already approved and use that as a basis either with our consultant or directly look at it and say "let's see how the wetland boundary changed, maybe we can permit based on that. But the only reason to go to the Health Dept. in my mind was to properly serve the needs of wetlands, 'cause the health approval is going to entail filling on the property. TRUSTEE SMIT~: We can't give this thing without wetland approval or then we're going to hear from Judge Manos. TRUSTEE BREDE~EYE--I~: The other thing is yes, we can go ahead on the approval without the reason to go in and change our negative BOARD OF TRUSTEES 11 July 30, 1992 declaration a hard fact that would cause a reopening in the SEQRA, we're going to leave ourselves open to great criticism that we held a vacant or very shallow environmental process. Why don't we spend too much time working with this, to just turn around and write some kind of condition permit now without looking at the facts. MR. CONNORS: Your dealing with the taxpayers money, 'cause the longer it takes, it costs the taxpayers. This property is going up~ Every time you council it absorbs expenses, and somebody is going to pay for it, and it's not going to be us. TRUSTEE KRUPSKI: I~f you sell the property is still in our minds, it's still that same piece of property. It's not that Your standing on it or the next guy is standing on it, it doesn't matter. MR. CONNORS: Than let's somebody else go to the Health Dept. TRUSTEE F~RUPSKI: BRt we're charged with reviewing it, we're not charged with dea~in~ with the Connors or the Smiths, or with anybody else. We're charged with reviewing the property. .MR. CONNORS SR.: But your dealing with taxpayers money, this is the Town of Sauthold. In 6 months time we're going before a judge° Do you think he's going to throw us out and say "no, you didn"t make any errors? MR° coNNORs: I ha~e thi~ letter dated back June 1987. The Health DePt~ s~s the survey with both sewage disposal and water systems h~ge been reviewed and the followin~ will be required .Prior to the processing of the application for approval to construct. And they have the DEC and you people to prove it. Are you and not offer to say no. You won't even honor tha lly what you're telling me now, right? TRUSTEE is that that he has? TRUSTEE 5e's got a rejection letter which calls for DEC and TrUstee approval. No this board would be in a position to communicate and say that we believe in the nature of the lot. ProCeed with the extent of the limits of fill and or retaining structures necessary and then we Will be in a better position 'for final approval. We're 'trying to an option. That's the idea of going back and take one last look at it. ~aybe we had an extreme situation going. I took a look at it, I called other board members and requested they take a look at it for the sake that maybe there was a way to head off a very negative situation and possibly there was a little bit of hope for approval. I think the lots doomed without taking another look atmaybe the drying up a bit and a health approval secure. TRUSTEE SMITH: The lot's going to be more saleable with a Board of Health Permit. MR. CONNORS: Its going to be more money. TRUSTEE SM/TH: No, it's going to be more saleable. Your going to get a s~gned contract, it's going to be contingent on permits. MR. CONNORS: This is beyond me years ago. You killed me, I'm dead. TRUSTEE SMITH: repeated same. TRUSTEE BREDEMEYER declared a recess. A motion was made by TRUSTEE SMtT~, seconded by TRUSTEE KRUPSKI. ALL AYES. Recess at 8:17 p.m. BOARD OF TRUSTEES 12 July 30, 1992 8:26 p.m. TRUSTEE BREDEMEYER: I~d like to go back on the hearing in the matter of Christopher Connors to construct a one family dwelling on West Drive, Southold. MR. ROSS: I have no further conm~nts. MR. CONNORS: I'm asking you to make a decision on this, as I told my parents, I can't go any further on this. TRUSTEE BREDEMEYER: The Board of Trustees would like to, in being able to reconsider the environmental aspects which we honestly believe may have changed somewhat is prepared at no expense to you to send our wetland expert who handles fresh water wetland and review the site, leave it to his professional decision whether or not he wants to flag a new wetland line, or simply issue a report confirming our own feeling that wetland have diminished and we would like to offer to reopen this discussion and move ahead and look at no cost to you and he could be providing a report to this office prior to our next regularly scheduled meeting on September 10, 1992. We would also make available to the Health Dept. and yourself a letter indicating we have no objection to you trying to proceed with the health permit, and that way if they were able to move along on it, we would be able to have both those pieces of information to make a determination. But we would have to know if you accept, we are not going to spend town monies to take another look at the wetlands unless we have some reasonable idea that you would go forth with the Health Dept. 5IR: CONNORS: I'll do whatever you feel is necessary. Yes. I want to settle whatever way is fastest and best for both parties. TRUSTEE BREDEMEYER: There being no further coa,~ent in this matter I'll take a motion to close the hearing in this matter. TRUSTEE SMITH: I move we close this matter. TRUSTEE TUTHILL. ALL AYES. TRUSTEE BREDEMEYER: We will coim~,unicate back to him with a letter confirming our offer and ask him if he'll accept prior to our discussion on V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 8:29 p.m. Peconic Associations on behalf of Lind~ Taggert to construct a 24' X 33' single story antique marine and gift shop including access drive and parking. Located 68320 Route 25 Greenport. 53-2-2. ' TRUSTEE KRUPSKI made a motion to give a negative declaration. TRUSTEE TUTHILL: Second. ALL AYES. 8:35 p.m. Costello Marine on behalf of Dragutin Gobic request to build a dock as applied for. 64-3-14. A motion was made by TRUSTEE SMITH for a negative declaration, with stipulation that applicant get-letters of approval from neighbors. Seconded by TRUSTEE KRUPSKI. ALL AYES. 8:40 p.m. William Price on behalf of Ronald Winkler to construct a single family dwelling 78' X 76' from tidal wetlands with sanitary system a minimum of 100' from said wetlands° Located 3135 Main Bayview Road, Southold. 78-2-11. Motion BOARD OF TRUSTEES 13 July 30, 1992 was made for a negative declaration byTRUSTEE TUTHILL. Seconded by TRUSTEE KRUPSKI. ALL AYES. 8:41 p.m. Samuels & Steelman on behalf of Betty Kunkel to construct a new wood deck onto existing dwelling. Located 1250 Bridge Lane, Nassau Point, Cutchogue. 118-1-6.1. Motion was made for a waiver by TRUSTEE KRUPSKI AND Seconded by TRUSTEE TUTHILL. ALL AYES. 8:42 p.m. Eh-COnsultants on behalf of Walter & Stanley Krupski to construct 125 1.f. of timber retaining wall and 25' return on east side. Wall will be armored with 1 ton stone oD filter cloth and stone splash pad behind. Wall will attach to and be in line with existing Johnston retaining wall to west. Approx. 200 c.y. of clean sand will be brought in from upland source. Located Bridge Lane, CutChogue. 84-2-3.3. A motion was made for a negative declaration by TRUSTEE SMITH AND Seconded by TRUSTEE ALBERTSON. An additional $100 was needed also from applicant. ALL AYES. TRUSTEE KRUPSKI abstained. 8:50 p.m. En-Consultants on behalf of Tony Helies to construct a timber dock consisting of a 4' X 50' fixed walk, 2.4' X ~16' hinged ramp, a 6' X 16' float secured by (2) 8" diameter pilings. Located Park Ave. Extension, Mattituck. 123-8-28.3. 'Motion was made by TRUSTEE SMITH TO GIVE A NEGATIVE DECLARATION, Seconded by TRUSTEE TUTHILL. ALL AYES. 8:53 p.m. Eh-Consultants on behalf of Lawrence Huke to construct a one-family dwelling and decks, sanitary system, bluestone (or similar pervious) driveway. Approx. 700 c.y. of fill will be trucked in to raise grades to those shown on revised may dated June 8, 1992. 114-1-12. A motion to t~ble this application was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE TUTHILL. ALL AYES. 8:55 p.m. Robert Long to construct timber bulkhead above ~4AK4 for bluff protection. Located 445 Glen Court, Cutchogue. 83-1-5. A motion to give a negative declaration was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE TUTHILL. ALL AYES. A motion to permit emergency authorization was made by TRUSTEE KRUPSKI, Seconded byTRUSTEE SMITH. ALL AYES. 8:57 p.m. Tony Kostoulas to construct a 10' X 31' deck attached' to existing dwelling. Located Aquaview Ave. East Marion. A motion for a negative declaration was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE TUTHILL. ALL AYES. 9:00 p.m. Matt-A-Mar Marina request for approval for a boat storage building located 65' from ~a retaining wall on the southern boarder of our property 83+/- from high water mark of "Peters Creek" a connection of Mattituck Creek. A motioh was made for a negative declaration was made by TRUSTEE SMITH, 'Seconded by TRUSTEE KRUPSKI. ALL ~YES. BOARD OF TRUSTEES 14 July 30, 1992 9:03 p.m. James Bailey to construct stone wall by realigning boulders and construct garden as per plans enclosed. Located Private Road off of Oriental Avenue, Fishers Island. 012-2-6.10. A motion was made by TRUSTEE TUTHILL for an assessment, Seconded by TRUSTEE ALBERTSON. ALL AYES. 12. Robert Love request to build a 1 family dwelling with sanitary system, a 4' X 31' catwalk, a 3' X 8' ramp and a 4' X 16' float. Located Nassau Point Road, Cutchogue. A motion was made by TRUSTEE KRUPSKI to give a negative declaration, seconded by TRUSTEE BREDE~EYER. ALL AYES. VI. RESOLUTIONS: 1. Board to set public hearings for the September 17thregular meeting. Motion made by TRUSTEE KRUPSKI, Seconded by TRUSTEE BREDEMEYER. ALL AYES. 2. Costello Marine on behalf of Douglas Wainer request a grandfather permit for bulkhead and repair bulkhead by resheathing landward side. Located Harbor River Road, Orient. 24-2-8. Motion was made by TRUSTEE TUTHILL, Seconded. by TRUSTEE BREDEMEYER. ALL AYES. 3. East End Diesel request grandfather permit for existing structure. Located Shipyard Lane, East Marion. 38-1-7.1. Motion was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE SMITH. ALL AYES o 4. En-Cons~ltants on behalf of Marilyn Morsch request grandfather pez~L~it for bulkhead as shown on survey dated 6/30/92. Located Schooner Drive, Southold. 71-2-9. A Motion was made for the grandfather permit byTRUSTEE BREDEMEYER, Seconded by TEUSTEE KRUPSKI. ALL AYES. 5. Board to select attorney to TRUSTEE. A special meeting will be scheduled. 6. Board to vote Bruce Anderson a study of chloride levels and possible water shortages along West Creek Avenue, Cutchogue. A motion to approve was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE TUTHILL. ALL AYES. 7. En-Consultants for John Senko to grandfather and replace in-kind 152' of bulkhead on ROW off Bay Avenue, East Marion. motion was made by TRUSTEE SMITH to approve the grandfather permit, Seconded by TRUSTEE KRUPSKI. ALL AYES. 8. Trustee to vote guidelines for Hard Clam Transplants. j A motion was made by TRUSTEE BREDEMEYER that with that additional insertion on the first one without Trustee approval that we would send it over to town Shellfish Advisory Committee, and BOARD OF TRUSTEES 15 July 30, 1992 that if it meets with approval when it comes back we can vote it as a general guideline leaving some discretions the Bay Constable may have if things happen when he's out. Seconded by TRUSTEE TUTHILL. ALL AYES. 9. Trustee to approve Shellfish Information phone line "734-CLAM". A motion to approve was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE TUTHILL. ALL AYES. VIII. MOORINGS: 1. John DeGennaro request mooring in Richmond Creek for a 13' Whaler with a 50 lb. mushroom. Access: own property. A motion to approve was made by TRUSTEE KRUPSKI Seconded by TRUSTEE SMITH. ALL AYES. @. Board to give clerk permission to move applications from waiting list to stakes in Narrow River. Several permits were cancelled due to non-payment. Motion to approve was made by TRUSTEE KRUPSKI, Seconded by TRUSTEE JAY. ALL AYES. Went back to work session. A motion to adjourn this meeting at 9:40 was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI. ALL AYES. Respectfully submitted by; Diane J. Herbert, Clerk RECEIVED AND FILED BY THE S OUTHOLD TO¥¢N CLERK DATE ~/~/e~ HOUR ~;~ Town Clerk, Town of Southold