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HomeMy WebLinkAboutTR-09/17/1992 TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski. Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax ($16) 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 MINUTES PRESENT WERE: SEPTEMBER 17, 1992 John M. Bredemeyer, III, President Albert J. Krupski, Vice President Henry P. Smith, Trustee William G. Albertson, Trustee John L. Tuthill, Trustee Jill M. Doherty, Clerk THE MEETING WAS CALLED TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, October 22, 1992 at 7 pm WORKSESSION: 6:00 pm NEXT FIELD INSPECTION: Thursday, October 15, 1992 at 8 am APPROVE MINUTES: I. MONTHLY REPORT: Trustee monthly report for August 1992: A check for $1,290.11 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. Susan Norris request a waiver to construct a fence 562' long and 4' high along bulkhead. Located New Suffolk Avenue, Mattituck. TRUSTEE KRUPSKI moved to approve, TRUSTEE TUTHILL second. ALL AYES. 2. Benjamin Skubliskas request a waiver for two sheds, one is 8' X 8' and the other is 6' X 8'. Located 3200 Deep Hole, Mattituck. TRUSTEE KRUPSKI moved to approve, TRUSTEE ALBERTSON second. ALL AYES. 3. Inter-Science Inc. on behalf of Jeffrey Salzman request a waiver to construct a tennis court, swimming pool and pool house Board of Trustees 2 September 17, 1992 as per revised survey dated June 1992. Located East End Road, Fishers Island. TRUSTEE TUTHILL MOVED TO APPROVE SUBJECT TO DEC permit, TRUSTEE BREDEMEYER second. ALL AYES. 4. Robert Kelley request a waiver to construct a deck and also request a grandfather permit for the bulkhead as noted on survey. Located 750 Marlin Drive, Southold. TRUSTEE SMITH moved to approve, TRUSTEE TUTHILL second. ALL AYES. 5. James Rambo, Inc. on behalf of Salvatore Passalacqua request an amendment to permit 4041 to change the angle of the bluff as per revised plan dated August 25, 1992 and approved by DEC. Located ROW off Oregon Road, Cutchoque. TRUSTEE SMIT~ moved to approve, TRUSTEE ALBERTSON second. ALL AYES. 6. Docko, Inc. on behalf of Hay Harbor Club request an amendment to permit 3971 to increase the c.y. from 1,000 to 1~500. Fishers Island. TRUSTEE KRUPSKI moved to approve, TRUSTEE TUTHILL second. ALL AYES. 7. Edgar Jahn request an amendment to permit ~1602 to change the name on the permit from Edgar Jahn to Thomas and Susan Orioles so the permit will read as follows: Anne Argintieri, Michael and Susan Egan, Edward and June Gibson, Thomas and Susan Orioles. Located Holbrook Lane, Mattituck. TRUSTEE BREDEMEYER moved to approve, TRUSTEE KRUPSKI second. ALL AYES. 8. Plock Property TRUSTEE BREDEMEYER moved to approved a waiver to section 9722 in the matter of their application for wetland permit for property on Bayview in Southold known as the Plock Shellfish Preserve. TRUSTEE KRUPSKI second. ALL AYES. PUBLIC HEARINGS: 7:28 pm - In the matte~ of En-consuttants on behalf of Tony Helies to construct a timber dock consisting of a 4' X 50' fixed elevated walk, (4' above grade of marsh), (2) 3' X 16' hinged ramp; 6' X 20' float secured by (2) 8" diameter pilings. Located Pa~k Avenue Extension, Mattituck TRUSTEE BRED~ER: IS there anyone here who wishes to speak on behalf of this application? ROY HAJE: The description that contains in the notice is incorrect. There was a letter which I sent to the corps of engineers with a copy to the Trustees dated July 15, which modifies the original proposal, but is still different than appear. There must be type-O that appeared in the notice. It should be 4' X 50' fixed elevated walk, that parts correct. Then the ramp should be 3' X 16' and float is to be 6' X 20' secured by two pilings. That work plan accompanied the July 15 letter. It should be in your .file. TRUSTEE BREDEMEYER: We have the letter here. I believe we had already enacted the amendment, but to fail-safe I think we should just approve the amendments since its a minor nature at Board of Trustees 3 September 17, 1992 the time of voting this. Is there anyone here who wishes to speak additionally in favor of this application? Is there anyone who wishes to speak against this application? Trustee comments? I'll take a motion to close the hearing in this matter. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: What's your pleasure in this matter? TRUSTEE SMITH: I make a motion we approve this application. TRUSTEE TUTR~LL: Second. ALL AYES. 7:31 pm - In the matter of the application of William Price on behalf of Ronald M. Winkler to construct a single family dwelling 78' X 76' from tidal wetlands with sanitary system a minimum of 100' from said wetlands. All work to be dine in aCcordance with plans entitled "proposed single family dwelling". Located 3135 Main Bayview Road, Southotd. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? Is there anyone who wishes to speak against this application? This application is was previously Mark Baxter of which the Trustees made a prior approval for the s~ite with a requirement for 50' vegetated buffer for that individual. TRUSTEE KRUPSKI: What does that mean, 'single family dwelling 78' X 76'? CLERK DOHERTY: I don't know, I was just trying to figure that out. TRUSTEE BREDEMEYER: It came through almost identical of what they were proposing from what was Baxters. TRUSTEE SMITH: It's probably 76' on one side and 78' on the other. TRUSTEE BREDEMEYER: The wetland there is a curve at the end of the creek. My feeling was that there's been no change and that the setback would prevail because their probably locked in and going along with other government approvals. BRUCE LOUCKA: DEC you look at it? TRUSTEE BREDE~EYER: I wasn't here to know. The lot hasn't changed. We've been on it for several violations. We had a cutting violation and extension work with the neighbor. BRUCE LOUCKA: I missed that meeting, but from our thing, it said we didn't look at it because they couldn't get into it and it wasn't staked or anything like that. TRUSTEE BREDEMEYER: Is there any co~Lu~ent? TRUSTEE SMITH: I make a motion we close the hearing in this application. TRUSTEE KRUPSKI: Second. ALL AYES TRUSTEE BREDEMEYER: A motion in this application? TRUSTEE SMITH: I make a motion we approve this application subject to a minimum of 100' from wetlands & 50' vegetated buffer. TRUSTEE KRUPSKI: Second. ALL AYES. 7:34 pm - In the matter of the application of Eh-Consultants on behalf of Walter & Stanley Krupski to construct 125 1.f. of Board of Trustees 4 September 17, 1992 timber retaining wall and 25' return on east side. Wall will be armoredwith 1+/- ton stone on filter cloth and have a stone splash pad behind it. The wall will attached to and be in line with existing Johnston retaining wall to west. Approx. 200 c.y. of clean s~nd will be brought in from upland source via Duck Pond Lane to west. Located ROW off Bridge Lane, Cutchogue. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? ROY HAJE: No comments other than to say that this is an extension, essentially the Johnston wall to the west and is necessitated by the diagonal nature of the property lines, if you'll see my sketch you will appreciate the fact that this wall is vital to the preservation of the Johnston property and the house that's located behind it. And therefore there was an agreement which was entered into between Johnston and the Krupski's to construct the wall on their property but she would be responsible for that. TRUSTEE iBREDEMEYER: Is there anyone here who wishes to speak additionally in favor of this application? Is there anyone here who wishes to speak against this application? BRUCE LOUCKA: You have our letter on it? TRUSTEE BREDEMEYER: Yes we did. BRUCE LOUCKA: We've been down the sound a couple of times and the CAC feels the Trustees should take a real good look on what's being done there. We were down there this week and its a point where the sand is building up where you're not going to be able to walk around it, unless you get your feet wet. And there's got to be some plan devised. Our feeling is before you will approve anything because its haphazard if your going to bulkhead the whole sound that's one thing, but its not vacant land~ aTRUSTEE BREDEMEYER: Here is a case where we have been out there nd some of us felt that there was a chance that there was such severe erosion there that this persons property is in danger. You can't enforce other vacant land owners or individuals that own property that are not economically prepared or able this at time to put structures up or if they don't have any immediate interest to protect theirs. BRUCE LOUCKA: Your going to have two open here, then your going to go a thousand feet without anything then you get wash back. TRUSTEE BREDEMEYER: It's understandable, but the question is we deny here then if there's room we could always enforce selective retreat on the sites when their house does become necessary. BRUCE LOUCKA: If it was to save the house, we wouldn't have a problem with it. But to save the back, then that's something else. TRUSTEE BREDEMEYER: She's getting so close, it such an abrupt incline there. BRUCE LOUCKA: What we are saying also is when you do graft one, you have to take a look at the neighboring property, what effect that is going to have on them. TRUSTEE BREDEMEYER: Any further comments? If non~ I'll take motion to close this hearing. TRUSTEE SMITH: So moved. Board of Trustees 5 September I7, 1992 TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE BREDEMEER: In the matter of this application there would be two possible approvals. Lets start with the wetlands permit. TRUSTEE SMITH: I make a m~tion we approve the wetland permit. TRUSTEE TUTHILL: Second. TRUSTEE KRUPSKI abstained. TRUSTEE BREDEMEYER: In the matter of the Coastal Erosion Permit? TRUSTEE SMITH: I make a motion we approve. TRUSTEE TUTHILL: Second. TRUSTEE KRUPSKI abstained. 7:3.8 pm - In the matter of the application of Matt-A-Mar Marina request boat storage building located 65' from retaining wall on the southern boarder of property 83'+/- from high wate~ mark of "Peters Creek". Located Wickham Ave. Mattituck. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? TRUSTEE SMITH: I make a motion we close the hearing on this application. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion in this matter? TRUSTEE SMITH: I make a motion we approve ~this application. TRUSTEE TUTHILL: Second. ALL AYES. 7:41 pm - In the matter of the application of Robert Love to construct a one family dwelling with associated sanitary system. Also to construct a 4' X 31' catwalk, 3' X 8' ramp and 4' X 16' float. Located 8570 Nassau Point Road and Aborn Lane, Cutchogue. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? TRUSTEE SMITH: I move to close this hearing. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion to approve? TRUSTEE SMITH: I make a motion to approve this application? TRUSTEE KRUPSKI: Second, with a condition of a vegetated buffer at 10' contour line. ALL AYES. COASTAL EROSION PUBLIC HEARINGS: 7:43 pm - In the matter of the application of Tony and Maria Kostaoulas to construct a 10' X 3t' deck attached to existing dwelling as appliedfor. Located Aquaview Ave. East Marion. TRUSTEE BREDFlW~R: Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? TRUSTEE SMITH: This thing is built out over the bluff. Do they have anything in there about how they're going to handle this concerning maintenance. TRUSTEE BREDEMEYER: They had under the ordinance, we told them they were going to have to write up a plan for selective retreat for demolishing the structure and they said they would do it piece by piece. Board of Trustees 6 September 17, 1992 TRUSTEE SMITH: I would say nothing be done and let it go back to its natural state. TRUSTEE BREDEMEYER: Any further comments? I'll take a motion to close the hearing. TRUSTEE SMITH: I'll make a motion to recess the hearing and re-advertise. TRUSTEE 'ALBERTSON: Second. ALL AYES 7:47 pm - In the matter of the application of Eh-Consultants on behalf of Theodore Petikas to construct a one family dwelling, underground utilities (electric, water, cable TV), sanitary system and retaining wall all as shown on attached site plan. Approx. 475 c.y. of clean fill will be trucked in to raise grades to those shown. Parcel has been in single and separate ownership since 1957 as attested in attached title searCh. Located Middle Road, Southold. TRUSTEE BREDS~EYER: Is there anyone here who wishes to speak on behalf of this application? ROY HAJE: The proposal which is now before you for decision has been reviewed and approved by DEC. After we & the applicants implemented some modification recommended by DEC due to the nature of the configuration of the lot that is the decreasing Width as you go towards the road, is really not practical to move it any f~rther than initially towards the road since it comes closer and closer to the side yard. We already required a Side yard variance from the ZBA. As it's shown now concedes a distance that is 75' from the high water line as identified by DEC'. The sanitary system has been placed on the lower side of the house as recommended by the Health Dept. It is also recommended by your board that we show a potential site to ret~cate in the event that becomes necessary and that has been done. TRUSTEE~ BP~EMEYER: The retaining walls are proposed on both property lines? ROY HAJE: Yes they are because we have to retain the fill that's going to be necessary for the sanitary system. TRUSTEEBREDEMEYER: Will t~is application automatically require Board of Review hearing? ROY HAJE: Yes. TRUSTEE BREDEMEYER: What is the height of the proposed retaining wall adjacent to theneighbors property? ROY HAJE: Going by the cross section rating Plan up in the upper right Shows the elevation to be at about 7. TRUSTEE BREDEMEYER: When you developed this plan, are there any other easements or access points running across this property or is it single and separate without any incumbrances? ROYHAJE: According to the single and separate search we had prepared, there are no incumbrances upon i~. TRUSTEE BREDEMEYER: We have not had a chance to request that the Zoning Board of Appeals, whether they'll require a conceptual review or prior approval for the relocation site. Have you, in your application for the Zone Board of Appeals raised that issue with them, have they got copies of the latest survey? ~oard of Trustees 7 September 17, 1992 ROY HAJE: Yes they have the same copy and in my correspondence to them I asked that they consider in whatever way they could. The same letter that I sent you was sent to the ZBAo TRUSTEE BREDEMEYER: Mr. Petikas apparently requests that the Town Attorney some kind of a meeting. I think most of his concerns has to do with what he felt was the slow movement of the application. Any further comments on this matter? We'll close the hearing in the matter. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: I make a motion to approve this application under Chapter 37. · TRUSTEE KRUPSKI: Second. ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATION: 1. Mr. Alfano - Regarding Corey Creek. 2. Mr. Joe Loruso - Regarding Cutchogue Harbor Marina - Submitted proposed pump-out. Needs approval from Town Board, Town Engineer, & Fire Department. 1. Nancy Milano re~est Coastal Erosion permit to deposit soil on top of area and plan low growing evergreens (creeping juniper) and reseed with grass seed as per planting plan submitted. Located Aquaview Ave. East Marion. TRUSTEE SMITH moved for a negative declarationr TRUSTEE KRUPSKI second. ALL AYES. TRUSTEE KRUPSKI moved to approve Chapter 37, TRUSTEE ALBERTSON second. ALL AYES. 2. Land Use on behalf of Jon Wendell request to reconstruct 3' X 150' timber stairway with (3) 4' X 5' landings from top of bluff to toe of bluff. Located Aldrich Lane, Mattituck. TRUSTEE KRUPSKI moved to give a negative declaration, TRUSTEE SMITH second. ALL AYES. 3. Donna Sclegel request to construct single family dwelling as approved in 1986. Located 965 Bailie Beach Road & East Side Ave., Mattituck. TRUSTEE SMITH moved to give a negative declaration, TRUSTEE KRUPSKI second. ALL AYES. 4. Samuels & Steelman on behalf of Mary Jane Hagemeister request permit to construct a one family dwelling, sanitary system, well & deck. Land to be distributed will be landscaped. TRUSTEE KRUPSKI moved for a negative declaration, TRUSTEE TUTHILL second. ALL AYES. 5. Villini TRUSTEE KRUPSKI moved to table this and to reinspect, TRUSTEE second. ALL AYES. 6. En-Consultants on behalf of Josh London to construct 50 1.f. of timber retaining wall which will tie into return of proposed wall of Passalaqua to east and have a 12' return on west side. Approx. 150 c.y. of backfill will be trucked in from ~oard of Trustees 8 September 17, 1992 access point at Duck Pond Road (to west). Existing stone will be used for armor and lain on filter cloth and 50 100 lb. bedding (core) stone. Construct an access stairway from crest of bluff; to beach consisting of 4' X 4' platform at crest of bluff; 4' X 30' staircase; (2) 4' X 4' platforms in front and behind retaining wall; 4' X 10' steps to beach. Located ROW off Oregon Road, Cutchogue. TRUSTEE KRUPSKI moved to give a negative declaration, TRUSTEE SMIT~ second. ALL AYES. 7. En-Consultants on behalf of Roger Vorce to construct 200+/ 1.fo 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 tone 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 above spring high water° Located ROW off Bridge Lane, Cutchogue. TRUSTEE BREDEFiEYER moved to table this, TRUSTEE KRU~SKI second. ALL AYES. 8. En-Consultants on behalf of Susan Tasker to construct one family dwelling, deCk, retaining walls, sanitary system, bluestone (or similar pervious) driveway, underground utilities, all as shown on attached site plan of Van TuyI dated as revised August 7, 1992. Approx. 265 c.y. of clean sand fill will be trucked in. Located Rt. 48, Southold. TRUSTEE BREDEMEYER recommended we table this application pending a review of its needs for variance, TRUSTEE KRUPSKI second. ALL AYES. 9. Costello Marine Construction on behalf of Rosina Cunningham request to refill hole that was eroded by the Oct. 1991 storm with sand and topsoil, then replanted with beach grass on lower half and Rosa Rugosa and grass on upper and mid section. TRUSTEE BREDEMEYER moved to give a negative declaration, TRUSTEE TUTHILL second. ALL AYES. TRUSTEE KRUPSKI moved for approval to re-vegetate, TRUSTEE ALBERTSON seond. ALL AYES. VI. RESOLUTIONS: 1. Board to set public hearings for the October regular meeting for those applications receiving negative declarations and the following items that are type II actions pursuant to TRUSTEE Trustee SEQRA Policy: A. John Geideman on behalf of Ernest Gaebel request to construct 75' of bulkhead with 10' returns and 6' X 10' fixed dock, 3' X 15' ramp and (3) 6' X 20' floats. Located Westview Drive, Mattituck. This is put on for Public Hearing next month. 2. Docko, Inc. on behalf of Ralph Hoch request grandfather permit to rebuild existing dock as applied for° Located Hedge St. Fishers Island. TRUSTEE SMIT~ moved to approve, TRUSTEE KRUPSKI second. ALL AYES. ~oard of Trustees 9 September 17, 1992 3. Costello Marine on behalf of Elisabeth Todd request grandfather permit to rebuild existing dock as applied for. Located Maple Ave.~ Southold. TRUSTEE SMITH MOTIONED TO APPROVE, TRUSTEE KRUPSKI SECOND. ALL AYES. 4. Scallop Season: TRUSTEE SMITH motioned to approve the shellfish season as discussed earlier, TRUSTEE KRUPSKI second. ALL AYES. VII. MOORINGS: 1. John Pecha request mooring in James Creek for a 14' outboard. Access: Mother's property. TRUSTEE SMITH motioned to approve, TRUSTEE TUTHILL second. ALL AYES. 2. Marianne Weil request mooring in Narrow River for a 12' outboard. Access: Town ramp. TRUSTEE BR~DEMEYER motioned to approve, TRUSTEE TUTHILL second. ALL AYES. 3. Stanley Rubin request mooring in Narrow River for a 17' Sail Boat with a 501b. mushroom. ACCESS: Town Ramp. TRUSTEE BRRDEMEYERmotioned to approve, TRUSTEE TUTHILL second. ALL AYES. 4. Steven Foster request onshore/offshore stake in Richmond Creek for a 18' inboard. Access: Town Beach. TRUSTEE SMITH motioned to approve, TRUSTEE TUTHILL SECOND. ALL AYES. Meeting adjourned at 9:00 p.m. Respectfully Submitted by: Diane J .~ Herbert RECEI J ED AND FILED BY ?iqE SOUTh{OLD TOWN CL~RK Town Clerk. Town o~ Soutl~o!d