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HomeMy WebLinkAboutTR-12/17/1992 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 Fak (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 MINUTES DECEMBER 17, 1992 WORKSESSION: 6:00 p.m. PRESENT WERE: John M. Bredemeyer, III, President Albert J. Krupski, Vice President Henry P. Smith, Trustee William G. Albertson, Trustee John B. Tuthill~ Trustee Jill T. Doherty, Clerk CALL MEETING TO ORDER PAEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, Januar~ 28, 1993 WORKSESSION: 6:00 p.m. NEXT FIELD INSPECTION: Thursday, Janua~ 21, 1993 8 a.m. A~PROVEMINUTES: of November 20, 1992 regular meeting. TRUSTEE TUT~ILL motioned to approve, TRUSTEE SMITH second. ALL AYES I.. MONTHLY REPORT: Trustee monthly report for November 1992: A/check for $1,937.28 was forwarded to the Supervisor's Office for the General Fund. PUBLIC NOTICES: Public notices are. posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CFtANGES: 1.i John Laffey on behalf of Bruce Heath request a waiver to replace porch inkind/inplace as applied for. Located Hippodrome Drive, Southold. TRUSTEE ALBERTSON moved to approve for a waiver. TRUSTEE KRUPSKI second. ALL AYES. Board of Trustees 2 December 17, 1992 2. Mildred Cullen request a waiver to property that was cleared. Located Goose Creek Lane, Southold. TRUSTEE KRU~SKI moved tc den~r and put on for assessment. TRUSTEE ALBERTSON seconded. ALL AYES. 3. Samuel Peters request a waiver to construct a 5' high split rail fence as noted in file. Located Little Neck and Strohson Ro~d, Cutchogue. ~.USTEE KRUPSKI moved to approve provided fence be on property liine. TRUSTEE SMITH second, ALL AYES. 4.. Gordon Ahlers, P.E. on behalf of No Number Naugles D~ive, Inc. request waiver to remove all existing structures i~cluding the empty asphalt tanks as per survey dated May 5, 1990. Located Naugles Drive, Mattituck. TRUSTEE~ SMITH moved to approve the waiver and if. any other agency tries to stop the, they should call the Trustees. T~USTEE ALBERTSON second. ALL AYES. IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:. FIVE (5) MINUTES OR LESS~ IF POSSIBLE 7:15 P.M. - In the matter of Costello Marine on behalf of D~agutin Gobic to construct 3 1/2' X 50' catwalk, '32" X 20" aluminum ramp, 6' X 20' floating dock and 2 pile support dolphins. .Located 2125 Hobart Road, Southold. TRUSTEE BREDEMEYER: As a point of clarification the. first item scheduled for 7:15 for public hearings may have been advertised again although the hearing was held entirety at last mouths meeting. Would there be anyone, here who wants to speak here who didn't speak last month on this? .~. MAZZAFARRO: I spoke last month and you requested that a that a stake be put out. I saw the stake, now is that supposed to be 90' from the high water mark? TRUSTEE BREDEF~-~IER: The board didn't designate a distance out, we asked to have the seaward most point flag. MR. LAW: As a point of information, isn't there an ordinance that says you have to be fifteen feet of property. TRUSTEE BR~EMEYER: There is no law that regulates the distance off of property line or the extension cf property line with respect to docks. The dock is a structure when it leaves mean high water and enters in upon the waters of the Town is the proper per view of this board, an assembled board of five people BOard of Trustees 3 December 17, 1992 call Trustees. The board generally has tried to have setoff w~ere possible, but, there is a.notion of what is known as the r~parian rights of an individ~,~l to warp out and to seek out adequate depth of water to navigate and approach his property.. Ids based on a reasonableaess, and the reasonableness becomes a p~int of discussion, and sometimes not even agreement, but it comes~ down to a vote of this board. M~. LAW: That is fine but lsnt there supposably some sort of barrier on both sides for clearance,, where, no? From property line to property line? TRUSTRR BREDP/4EYER: The general rule is a rule of r~asonableness that your own riparian rights would not be i~fringed upon as you wc~ld try to make way to and from the foreshore. - M~. LAW: I was under the impression that this board was supposably for the minority, not, rather the majority, not the minority. Now two people are on the sides, now we are in the middle. I'm sorry we're on both sides. This person has had this piece of property for 'X' number of years, I don't know b~cause my Uncle owned it before me. But, nothing has been dgne, all of a sudden now he wants to build this stupid abortion out there as I call it, Mr. Costello corrected me, he calls it a dock. I've worked with pile drivers for 35 years and still to me it's an abortion. I say we have the right to say yes or no. I could be wrong. I want somebody to tell me why° ~USTEEKR~PSKI: I think it comes down to individu~l property r~ghtb and not what the majority says, but the individual ps~.~operty rights o~ property owner and and tax payer of the Town. . LkW: That's fine, he's gonna have three inches on this de ~nd that side. Who is gonna hold it in three inches. Mr. Costello is a contractor, he's there and God bless him, he does his job. In thirty-eight years I worked for operatin~ e~gin~ers in the city of New York, I know what it is to go with cg~tr~cts. He is there to do a ]ob and that ~s all. He's g~nna go down the creek whistling Dixie and counting the coins in his hands. He couldn't care less about this town and creek. Y~u people supposably are for everybody, but I'm beginning to g~t a bad tas~ in my mouth after I read the papers today. You peopl~ are not doing anlrthing to make anybcd~ happy. TRUSTEE B~RE~ER: The Trustees only.handle the wate~ays, but if you will it still comes down to a vote of the Board. Other gard~ of Trustees and other East End Towns ..... .'LAW: i do not feel that this man should have a 14' or 16' a~ that has to have 4' of water out there. Why? TRUSTEE BREDE~E~ER: Do you have a dock yourself? MR. LAW: No. TRUSTEE'B~RDEMEYER: Other Boards handle docks differently, some boards require the matter at the end of the year, some are relatively negative on their view in other m,~icipalities. This Board happens to hold very close to the notion of private- property rights and an individuals rights to wharf out. The c~urts have historically upheld the rights of an indlvi~,al to wharf out from his or her property. That's been a holding of law, and I suspect if the Board were to accommodate you or even Board of Trustees 4 December 17, 1992 ~f it does, I don't know how it will go, but if the Board were to accommodate you and Mr. Mazzafarro, I suspect that a ceurt of law would be telling us that we acted imprudently by denying this gentleman's application. Because there is a lot of case law, it's been through, all the courts in the land., including Supreme C~urt decisions on it, that you can't abridge this sort of riparian right, this sort of right that goes with River shore lines with coastal areas. It a right. ~. LAW: So what your telling~ me all the laws that you people put on t~e books a~e worth adam. Because you can come around %omorroW ~nd say, whoa, forget it, JOe Shmucks decided he wants~..y~u're right, it's supposed to be for everybody. TRUSTEE S~ITH: For a point oS inf~z~ation, I see that there is an application for a 3 1/2 foot dock with a 32" ramp I believe and a 6 ~20' float, now the man's property is only 3 feet Wide. How are~yDu gonna put, that would be like putting a building . permi~ toI put a structure bigger than their lot. If yo~ go over that property. M~. LA~: Can you tell me something? Can he build outside his Prope~r:ty line? TRusTEE SMITH: We got this gentleman who has the floor. MRi C~STSLLO: Is this a p-~blic hearing? TRUSTE, E SMITH: No. T~UST~ 5REDEMEYER~ We~tl have to take comment on it because it was adVeZtised as such. I think we can't deny comment. Apparentlyit was inadvertentl~ advertised a second time. MR. MAZZ~FARRO: If someone has a piece o~ property that that's w~dth would you grant that one the s~me thing? TRUSTEE ~RUPSKI: We'd have1 to look at the circumstances. I can't' gi~8 you and answer on that without looking at the That's an unfair question. MR. Let's say this property is on a two foot lot TRUSTEE not : But it's not. It's apples and oranges. That's or clear question. It also depends on ~ne environmental, and. navigation setting. It would be an option for the MR~ The dock is not supervised and not behind anyone's what's gonna stop kids from going onto it hurt. TRUSTEE The same as what stops kids from jumping off the end ~f any dock. MR.~%MAEZ~ERRO: But those docks behind houses, where nobody can see them. This house is across the street and ne one supervises that dock at 'any time unless their right there on the property.~ TRUSTEE ~RUPSKI: We grant docks on property without residences on a usual basis. It's a matter of access, not a matter size. MR. LAW: Suppose I decide to break m~ propert~ down to 4 foot section, and have all the people in that prope~ty decide to buy these pieces and ha~e water rights. Would I be approved? Board of Trustees 5 December 17, 1992 You know dam well I won't be approved. Are you ~onna set a precedent with this man putting on apiece of property out there and 4 foot, then I could do the same thing. TRUSTEE BREDE~EYER: I think your surmising that subdivision of land can happen in three foot increments now. There had been some discussion by individual Board members during field inspection that if an approval were considered in this matter, it would be tied to the upland residential property in the owner across the street, and that would intend to address some of the concerns you have as neighbors and would also pre~ent the marina creation by splitting off three and four foot pieces. MR. LAW: Gentleman, I'm gonna tell you something, if you let this go by, your gonna open up a can of worms that your gonna regret foe the rest of your time in service. TRUSTEE BREDEF~A~fER: Well we appreciate your concexn and I'm sure the Board will consider it. MR. LAW: t don't know how many people, I know Henr~ does but the rest of you people do not live on the creek. We live on the creek, we have to put up with it, and I don't believe that the one person, we have to change everything for years. I don't believe that. JOHN COSTELLO: That gentleman just said that I don't live on the creek, and when I leave. I don't care, well that's not true. I live in SouthOld Town and I've lived here my entire life. I care as much as 'he, and more than most because I have a little bit of knowledge of What's going on. There are so many circumstances which is getting addressed., they have a community dock in Corey Creek and many other places where there are poss~ty 75' and they 10 or 12 boats, tied up to an area. It's their access to the water, it does happen and has happened. At Cleaves Point, where they subdivided,~ had inland. lots and had access to the water on twenty foot lots. I'm not say it would never happen again, I'm not sayingit won't. The Town Board or the otl~ez agencies would have to approve it on an individual basis. I'm not gonna walk out of here with a lot of money, as this gentleman indicated. I was hired to do a job and will try to do it the best I can. If the individual has for many, many years owned a piece of property, paid taxes and he wants to use it. He would like to utilize it and they"re going to go out to a dtepth of water. I walked out and put the stake on with hip boots on, it's not four feet, with low tide its probably 2 1/2 feet if that, because I did sink into the bottom Sunday. The other gentleman asked about is it. 90' from high water? Just to clarify the record, the plans submitted to this Board indicate, and it is 35' of fixed pier, a 20' ramp, and 20' float which requested. The reason we,re trying to narrow it. up, the jurisdiction of th~ Board starts, at mean high water. It is not individual property rights. If we are infringing on someone elses rights I hope this Board denies it. I don't believe it is infringing on anyone's rights. TRUSTEE BRED~: Mr. Costello was there any consideration to go with fixed, dock or did you get a chance to talk to the owner about it. Board of Trustees 6 December 17, 1992 MR. COSTELLO: I did talk to the owner about it and he will, tba only trouble is he is 75 years old, and more difficult to in an~ out of the boat but he would as an alternative of the Board. It is on a fixed dock, it is almost gonna be the same width by the time we p~t the piling, on the outsid~ of the dock to make sure it doesn't come up in the winter time. It might be a degree of six inches or so to protect. Its the Boards direction, this gentleman is willing to do whatever is necessary. TRUSTEE KRUPSKI: We noticed there were fixed docks across the way. TRUSTEE BREDE~E~ER: Is he planning to leave his float out all winter, because he doesn't own a large place to put it. ~R. COSTELLO: I doubt it. As we suggested take the ramp off. TRUSTEE KRUPSKI: Its the Boards discretion whether you want tc obtain a fixed dock. TRUSTEE SMITH: I don't see how you can give him over three foct wide. TRUSTEE BREDES~YER: Any further questions, we'll close this hearing. TRUSTEE KRUPSKI: So moved. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion to approve subject to certain ~equirements which will have to be filled before the clerk wit release a permit. Language satisfactory to the Town Attorney linking the dock permit with the upland parcel of the ownerf sc if the property separated the dock permit is voided. And that the structure should be a fixed structure given the fact there is no immediate place to put the float and should not exceed at its outer limits of 3 feet with the right of way so that the entirety of it should be within~ BRUCE LOUCKA: Question, Why? If your put. allow a 6 X 20' float. TRUSTEE SMITH: We're not allowing a float. BRUCE LOUCKA: You're not allowing a float? TRUSTEE BREDEMEYER: We're gonna go with a fixed dock and they can have a step down. BRUCE LOUCKA: How big is the fixed dock gonna be. TRUSTEE BREI~: They can go not to exceed three feet in width with handrails up if need be to access the step down portion. TRUSTEE KRUPSKI: So it's gonna be 3 X 75? If we're gonna grant an approval I would, mak~ i~ wide enough to be sa~e. TRUSTEE BREDEMEYER: The handrail would make it sale,, and its within the confines of the property. We could have it not to exceed 90'. The Boards is acceptable to that? Not to exceed 90~ in length, and not to exceed 5' in width. Extension of plot lines will have to be plotted by surveyor. Set of stairs below high water m~rk. OPen bottom. TRUSTEE SMITH: I would recommend that a gate be placed at the high water mark. I'll review these items as a proposal for an approval subject to a specific language bein~ review~by th~ Town Attorney. ~. Linking the dock to the upland, reat property parcel of the owner. 2. Not to exceed 90 feet in total length, 3. Catwalk not to exceed 3 feet in width. 4. Extension of the plot lines or the plotting of the dock should be by a licensed " Board of Trustees 7 December 17, 1992 surveyor. 5. Set of stairs shall be installed below ~the level of mean high water to afford people the abilit~ to mote along the fore shore~ and a gate is recommende~ to restrict access. In a f~rm of a motion is that acceptable, does anyone want to move that? TRUSTEE KRUPSKI: I'll move that. TRUSTEE TUTHILL Second. TRUSTEE SMITH: Nay. 7:40 P~M. - In the matter of En-Consultants on behalf of Lewis Edson ~o construct a one-familY dwelling, deck, pool, sanitary system~ well, bluestone (or similar pervious) driveway, underground electric and cable, all as Shown on pl~dated 6/11/9~. House, pool, & deck will be constructed on pilings. No additional fill will be needed. Ail construction will be at least. ~5' from tidal wetland and therefore beyond Trustee ~uzisdzction. There will be clearing, grading and landscaping up to 25' beyond proposed improvements. A 50' natural vegetative buffer will be maintained excePtthat selective pruning will. OCcur to afford views of the marsh from the house. LoCated Linden Ave., Cutchogue. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this applicakion? Anyone here. who wishes to speak against this application? Comments from Trustees? TRUSTEE KRUPSKI: I'd like to know what kind of pool they're gonna construct on pilings. TRUSTEE SMITH: I make a motion to close the hearing. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BRE~EMEYER: Your pleasure on this? TRUSTEE KRUPSKI: I make a motion we approve the application. TRUSTEE SMITH.: Second. ALL AYES. 7:43 P.M. , In the matter o~ the application oE Dz. Bennet J. Hessto replace (within 18") 184 t.f. of existing timber ' bulkhead plus (2) 10~ returns. Approx. 150 c.y. of clean backfill will be trucked in from upland. An existing 4' X 13' stairway will be removed and replaced. Located Peconic Bay Blvd. Laurez. TRUSTEE BRED~: Is there anyone here who wishes to speak on behalflof'this application? Anyone who' wishes to speak against this application? Any comments from the Board? Motion to close the hearing? TRUSTEE KRUPSKI: So moved. TRUSTEE TUTHILL: Second ALL AYES. TRUSTEE BREDE~EYER: Motion in this matter? TRUSTEE KRUPSKI: Motion we approve. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE BREDE~EYER: I'll take a motion we go back on the regular meeting agenda. TRUSTEE KRUPSKt: So moved. TRUSTEE TUTHII~: Second ALL AYES. Board of Trustees 8 December 17, 1992 V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: i. En-Consultant on behalf of Susan Tasker to construct a one-family dwelling, deck, retaining walls, sanitary system, bluestone (or similar pervious) driveway, underground utilities, a-lt as shown on attached site plan of Van Tuyl. Approx. 265 c.y. of clean sand fill will be trucked in. Located Rt. 48, South. old. TRUSTEE KRUPSKt moved to table this and to inspect Monday. TRUSTEE TUTHILL second.. ALL AYES. 2. Costello Marine on behalf of Anthony and Maris Vitale request permit to resheath 17' on east jetty (south end), resheath 5' on West jetty (south end) and install 6' X 20' float to attached to a 28" X 16' float, ramp to be 32" X 8" and pipe support pilings. Located Inlet Way, Southold. TRUSTEE KRUPSKI Moved to giue a negative declaration subject tc revised drawing. TRUSTEE ALBERTSON: Second. AtJ, AYES. 3. En-Consultants on behalf of Anthony Heliss request to replace (within 18") 148' (plus 18" return'on W/S) of existing retaining wall. Backfill with 50 c.y. of clean backfilt. New wall will be 6" higher. Also to remove steps and replace with a 4' X 5' landing to 4' wide steps parallel to bulkhead° Located Park Ave., Mattituck. TRUSTEE SMITH: I move to approve for a negative declaration. TRUSTEE KRUPSKI: Second. ALL AYES. 4. In the matter of the application of Mildred Cullen and others to restore a site on Goose Creek. Asking for a waiver. Project description tc remove large stumps from Hurricane Bob 1989, and reseed with mixture known as "wear-gree~". TRUSTEE KRUPSKI: I make a motion to approve for negative declaration. TRUSTEE TUTHILL: Second. ALL AYES. VI. RESOLUTIONS: 1. Board to set public hearings for the January 28, 1993 regular meeting for those applications receiving negative declarations and the following items that are Type II actions pursuant to Trustee SEQRA policy: a. John Oeideman on behalf of EiteenVillani to construct a fixed dock 4' X 125', a 3' X 15' ramp and a 6' X 20' float. Located off Indian Neck Lane., Peconic. TRUSTEE KRUPSKI: Moved to approve to set hearings. TRUSTEE ALBERTSON: Second. ALL AYES. 2. Rial Reality Cc=p., request a G=andfathe~ permit for a bulkhead that was built in May of 1.972 by La=my Tuthill. Property located on ROW off Soundview Ave., Southold. TRUSTEE KRUPSKI: So moved. Board of Trustees 9 December t7, 1992 TRUSTEE ALBERTSON: Second. ALL AYES. 3. Peter & Carol Blasucci request a grandfather permit for a 40' X 5' dock~ a ~2' X 3' walk and a 40' X 5' float in Howards Branch of Mattituck Creek. A May 3, 1983 permit 9 1603 was given, the only records that can be found are the minutes. TRUSTEE BREDEMEYERmoved to approve the grandfather permit, and fees to be collected on minor changes. TRUSTEE KRUPSKI: Second. ALL AYES 4.. En-Consultants on behalf of Joseph Frazzitta request a grandfather permit to replace bulkhead inkind/inplace, as per amended application. Located Inlet Way, Southold. TRUSTEE SMITH: moved to approve. TRUSTEE ALBERTSON: Second. ALL. AYES. 5. Tesster Associates on behalf of Joseph Mantione request to construct fixed pier structure 4' X 100', a 14' ramp and (2) 6' X 20' docks. Located 54275 Stillwater Ave., Cutchogue. TRUSTEE KRUPSKt: Motioned to approve subject to revised drawing. TRUSTEE ALBERTSON: Second. ALL AYES. 6. En-Consultants on behalf of Eugene Bolter request permit to construct 4' X i2~ ramp of existing bulkhead with a 6' X 20' float with (2) 2-pile dolphins. Located Baybarry Ro~d, Cutchoque. TRUSTEE SMITH: motioned to table. TRUSTEE TUTHILL: Second. ALL AYES.. 7. Gus Wade - Trustees accept lead agency. SEQRA monies to be transferred to Trustees. TRUSTEE BREDE~EYER: Moved to accept as lead agency. And request Zoning Board cf Appeals tc transfer such unused monies to Trustees. TRUSTEE KRUPSKI: Second. ALL AYES. 8. Corey Creek Association~- 1 year extension - waiting for DEC. 9. Fees for emergency permits. TRUSTEE SMITH proposed that any inkindjinplace structures that are replaced are not charged fees, but new structures will pay fees. This in regards to the December 1992 storm. The cutoff date will be determined at the January 28th meeting. 10. Authorize clerk and 1 Trustee present to issue permits° Meeting adjourned at 8:44 P.M. Respectfully Submitted By Board of Trustees 10 Diane J Herbert Secretary, Board of Trustees December 17, 1992 ~i~is~3 BY I