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