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HomeMy WebLinkAboutTR-10/22/1992 TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry E Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold. New York 11971 MINUTES OCTOBER 22~ 1992 * Note: Due to a malfunction of recorder only some of the meeting was taped. PRESENT WERE: WORKSESSION: John M. Bredemeyer, III, President Albert J. Krupski, Vice President Henry P. Smith, Trustee William G. Albertson, Trustee John L. Tuthill, Trustee Diane J. Herbert, Clerk 6:00 p.,m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: pm WORKSESSION: 6:00 p.m. NEXT FIELD INSPECTION: Thursday, November 19, 1992 at 7 Thursday, November 12, 1992 at 8 a.m. APPROVE MINUTES: January 16, 1992, February 26, 1992, September 17, 1992. I. MONTHLY REPORT: Trustees monthly report for September 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/CPL~NGES: 1. En-Consultants on behalf of Edward Fergus request a one year extension for the construction of a dock to expire Board of Trustees October 22, 1993 September 28, 1993. This is the last extension on permit ~3815. Located ROW off North Bayview Road, Southold. TRUSTEE SMITH moved to approve a one year extension. TRUSTEE KRUPSKI second. ALL AYES 2. Peconic Association on behalf of Brick Cove Marina request an amendment to permit %3959 to dredge a recently discovered shoal area at the entrance to the marina, approx. 550 c.y. to a depth of 6' Also to add a fuel dock slip, a work boat slip for a 14' Pram, and a work boat slip for boats to pull in that need repairs or servicing. As revised plans dated August 31, 1992. TRUSTEE SMITH moved to approve with stipulation of an inspection of Town engineer & Bay Constable at a charge to applicant. TRUSTEE TUTHILL second. ALL AYES 3. James Fitzgerald on behalf of Thomas Coffin requests an. amendment to make the deck 15' X 67' with a hot tub, as shown on the enclosed "project plan" dated as revised July 2, 1992. TRUSTEE KRUPSKI moved to approve the amendment, TRUSTEE SMITH second. ALL AYES 4. Linton I. Duell request a waiver from Chapter 97 tc raise and renovate house. Located Bay Ave, ROW off Village Lane, Orient. TRUSTEE TUTHILL moved to approve the waiver, TRUSTEE SMITH second. ALL AYES 5. George Loehr requests a waiver to construct a 10' X 24' deck onto existing house, as shown on survey. Located Hobart Ave. Southold. TRUSTEE SMITH moved to approve the waiver, TRUSTEE TUTHILL second. ALL AYES 6. Charles Kozora requests a waiver to construct a 14~ X 24' deck attached to existing dwelling and a 20' X 24' shed as shown on survey. - Located Rt. 25, Greenport. TRUSTEE BREDE~EYERmoved to approve the waiver, TRUSTEE KRUPSKI 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-WATCh. PERTINENT CORRESPONDENCE MAY BE REA~ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMME~VfS ORGANIZED AND BRIEF" FIVE (5) MINUTES OR LESS~ IF POSSIBLE 7:30 P.M. - In the matter of Land Use on behalf of Jon Wendell request to construct 3' X 150' timber stairway with [3) 4' X 5' Board of Trustees 3. October 22, 1993 landings from top of bluff to toe of bluff. Located Aldrich Lane, Mattituck. TRUSTEE KRUPSKI moved to close the hearing. TRUSTEE ALBERTSON second. ALL AYES TRUSTEE KRUPSKI moved to approve Chapter 97 & 37. TRUSTEE SMIT~ second° ALL AYES 7:~2 P.M. - In the matter of Donna Schlegel request to construct a single family dwelling as approved in 1986. Located 965 Bailte Beach Roadand East Side Ave. Mattituck. TRUSTEE SMITH moved to close the hearing° TRUSTEE ALBERTSON second~ ALL AYES TRUSTEE SMITH moved to approve and to include all previous requirements. TRUSTEE ALBERTSON SECOND. ALL AYES 7:35 P.M. - In the matter of Eh-COnsultants on behalf of Josh London to construct 50 1.f. timber retaining wall whick will tie into return of proposed wall of Passataque to east and have a 12' return on west side. Approx. 150 c.y. of backfill will be trucked in from access point at Duck Pond Road (ta 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 beack consisting of 4' X 4' platform at crest of bluff~ 4' X 30' stai~case~ (2) 4' X 4' platforms in front and behind retaining wall; 4' X 10' steps to beach. Located ROW off Oregon Road~ Cutchogu~. TRUSTEE SMITH moved to close the hearing. TRUSTEE TUTHILL second. ALL AYES TRUSTEE SMITHmoved to approve Chapter 97 & 37. TRUSTEE TUTHILL second. ALL AYES 7:38 P.M. - In the matter of John ~eideman 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. TRUSTEE SMITH moved close the hearing TRUSTEE KRUPSKI second. ALL AYES TRUSTEE TUT~ILL approved as per survey dated 8/24/92 at toe of bluff. TRUSTEE KRUPSKI second. ALL AYES 7:40 P.M. In the matter of Peconic Associates on behaI~ of Linda Taggert to construct 24' X 33' single story antique marine and gift Shop including access drive and parking as applied for. Located Rt. 25, GreenPOrt. TRUSTEE SMITH moved to close the hearing. TRUSTRR KRUPSKI second. ALL AYES TRUSTEE K~UPSKI moved to approve subject to revised map showing berm as per CAC. TRUSTEE ALBERTSON second. ALL AYES. 7:44: P.M. In the matter of Samuels & Steelman on behalf of George Hagemeister to construct a one family dwelling, Board of Trustees 4 October 22, 1993 sanitary system, well & deck 75' from wetlands edge. Land to be disturbed will be landscaped. Located Little Neck, Road, Cutchogue. TRUSTEE SMITH moved to close the hearing; TRUSTEE TUTHILL second. ALL AYES TRUSTEE KRUPSKt moved to approved subject to 50 buffer undisturbed between MHW to project. TRUSTEE ALBERTSON second. ALL AYES. V. ASSESSMEnTS/ENVIRONMENTAL DECLARATIONS: t. Peconic Land Trust on behalf of Plock Family Joint Ventures to construct 211' of rock revetment and 357' of bulkhead replacing existing bulkheading within 18", 1700 c.y. of dredging and filling to construct boat basin/maricultuze area, remove approx. 195'of pier, deck over approx. 240' of pier, fill approx. 15,000 s.f. of vernal area & improve or create 15,000 s.f. of wetland habitat. Located at Bayview, Southold. TRUSTEE SMITH moved to approve a negative declaration. TRUSTEE KRUPSKI second. ALL AYES. 2. Harley Arnold on behalf of David Tu~hill request to construct a 4' X 40' catwalk with 3' X 16' ramp and 6' X 20' float as shown on survey. Located 2350 Deep Hole Drive, Mattituck. TRUSTEE SMITH moved to approve a negative declaration. TRUSTEE TUTHILL second. ALL AYES. 3. En-consultants on behalf of James Neefus request to remove and replace inkind/inplace 174 1.f. of timber bulkhead. Dredge up to 10~ off bulkhead to maximum depth of 4' with 75 c.y. additional fill brought in from upland source. Located Saitorts Needle Road, Mattituck. TRUSTEE SMITH moved to approve for a negative declaration. TRUSTEE TUTHILL second.. ALL AYES 4. John Geideman on behalf of Elaine Ramagnoli request waiver for 28' X 32~ deck already built. Located 1230 First Street, New Suffolk. TRUSTEE Ar~ERTSON moved to approve A negative declaration. TRUSTEE TUTHILL second. ALL AYES. 5. Tessler Associates on behalf of Joseph Mantione request to construct fixed pier structure 4' X 100~ and 14' ramp and (2) 6' X 20' docks. Located 54275 Stitlwater Ave. Cutchogue. TRUSTEE SMITH motioned to give a negative declaration. TRUSTEE KRUPSKI second. ALL AYES 6. Samuels & Steelman on behalf of Harry Hohn to construct new stairs and catwalk, from existing bulkhead to beach. Located 8980 Nassau Point Road, Cutchogue TRUSTEE KRUPSKI moved to give ~ ~qative declaration. Board of Trustees 5 October 22, 1993 TRUSTEE ALBERTSON second. ALL ~fES 7. Costetlo Marine on behalf of Joseph Beradino to install approx. 107' rock revetment with two 15' returns, backfill void area with 32 yards of fill and vegetate with Rosa Rugosa and beach grass. Located 62825 North Road, Greenport. TRUSTEE SMITH moved to give a negative declaration. TRUSTEE ALBERTSON second. ALL AYES. 8. John Gei~eman on behalf of Angela ~dovic r~quest to construct 135' bulkhead 10' landward of existin~ dock as shown on revised survey dated October 18, 1992. Located Clearview Ave. Southold. TRUSTEE KRU~SKI moved to t~ of violation, and to do no TRUSTEE SMITH second. ALL 9. En-consultants on beha] ble and send a letter informing him more mowing or cutting. AYES. f of Mattituck Fishing Station request to remove and replace inkind/inplace 360 +/- l~f. of timber butkheadanddredge up to ~0' off bulkhead to maximum depth. 4" below MLW. approx. 86 c.y. of spoil will be removed and used to back, itl bulkheads.. An existing 6' X 20~ section of fixed walkway a~d rip-rap adjacent t~ launching ramp will be removed and replacCdo The existing 10' X 48' launching ramp will be resurf.aced wi%h concrete. Add [5) 2.5 X 16' fingers and (3) 2.5 X 16' fingers to sections of existing main floats as shown on plan. A drain gutter has been added at the upper end of the launching ramp. The backfill of the northerly sections of the bulkhead has also been indicated as sand and gravel with an upper layer of stone. The above all in accordance with request of the DEC and Trustees ~ per revised survey of October 6, 1992. Located Mattituck Creek. TRUSTEE SMITH moved to give a negative declaratior~with surve~ showing more drainage and. Sloping away. TRUSTEE KRUPSKI second. ALL. AYES VI. RESOLUTIONS: 1. Board to set public hearings for the November 20, 1992 regular meeting for those ~lications receiving negative declarations and the following items that are Type II actions pursuant to Trustee SEQRA Policy: 2. Dean Blaikie - Mill Creek Inn - request grandfather permit fordocks as shownon survey. Located Rt. 25, Southold. TRUSTEE S~TH moved to approve gr'and£athez permit. TRUSTEE ALBERTSON second. ALL AYES. 3. Variance application of Tony Kostoulas to construct a 670 s.f. deck within the boundary hazard area. Located Aquaview Ave. East Marion. TRUST~E KRUPSKI moved to approve application. TRUSTEE ALBERTSON second. ALL AYES Board of Trustees 6 October 22, 1993 4. Variance application of Theodore Petikas to construct a one-family dwelling, underground utilities, sanitary system and associated retaining wall. Approx. 475 c.y. of clean fill will be trucked in to raise grades to those shown on survey. Located Middle Road, Southold. TRUSTEE FdKUPSKI moved for a negative declaration. TRUSTEE SMITH second. ALL AYES TRUSTEE KRUPSF~ moved to approve permit TRUSTEE SMITH second. ALL AYES. 5. Quit Claim - A. Demata - as per description & Pres. to Exec. contract. TRUSTEE TUTHILL moved to approve TRUSTEE SMITH second.. ALL AYES VII. MOORINGS: 1. Marianne Fahs request mooring in Narrow River for a 1.7' sail boat. Access: Town Ramp. TRUSTEE SMITH moved to approve with a 75 lb. mushroom. TRUSTEE BREDEMEYER second. ALL AYES. 2. Michael Reich request duck blind in Arshamomague. TRUSTEE SMITH. moved to approve. TRUSTEE TUTHILL second. ALL AYES. Meeting adjourned 9:15 p.m. Respectfully Submitted By: Diane J. Herbert Trustee Secretary TO: FROM: RE: Town of Southold Edward P. Sharretts, Jr. Owns the Underground Water, in the Town ef Southold The original settlers of the Town of Southold acquired title To the land from the native indians and thereaf*,er those deeds were recognized and confirmed by the King of England through his agents, Andros and Dongan (while the Dongan patent is not available, it is presumed that it is the same as can be found in the patents g~anted by Dongan to Southamp~.on, East Hampton, Brookhaven et at). The King, under the laws of discovery, had the absolute right to grant to the settlers as patentees for and in behalf of themselves and their associates, the freeholders and inhabitants of the Town of Southold~ erected and made one body corporate and politic called by the name of the Tru. stees of the Freeholders and Commonalty of the ,Town of Southold. These patents were clearly contracts between ~the King~ and his subjects, wherein grants were bought and paid for by the patentees. As such~ these grants and rights cannot be usurped or preempted by the State by the enac~men~ of the ECL in 1972 nor by prior legislation under the Conservation Laws. These rights are contractuai and protected by the Constitution of the United States as well as the Constitution of the State of New -fork. If we can consider that the patents are valid, what did they -specifically grant to the patentees that can now be the property of the Town of Southold? The grants were and are as follows: "...Ali the afore mentioned Tract of Land~ with the Necks and Islands within the said Bounds sett forth and described as aforesaid, Together with aH the Rivers, Lakes, Waters, Quarrys, Timber, Woods, Wood Land, Plaines Meadows, broken pieces of Meadowes Pastures, Marshes, ffishing, Hawking Hunting and ffowling, and all other Proffitts Commodities, Emoluments and Hereditaments, to the said Towne,...': (From the Andros Patent, November ~, 1676); and further ". o.ail the afore recited tracts and necks of land within the bounds and limits aforesaid together with ail and singular the houses MESSUAGES Tenemants buitdiugs millues miilnedames fencings inclosures gardens orchards fields-pastures woods underwoods trees timber Comon of pasture feedings meadowes marshes swamps plaines Eivers Rivolets Waters lakes ponds brooks streames beaches Quarris mines ~ninerals C~eeks harbours highways and easements fishing hawking hunting and fowling (silver and gold mines Excepted) and all other franchizes pI~fitts Comodityes and hereditaments whatsoever...'!*, it is noted that the grants pertain to matter under the ground (minerals, mines, water) as well as matter over the ground. The common law of England at that time declared that underground waters were the property of the sovereign until withdrawn by the land owner. Today, the sovereign is the Trustees of the Freeholders and Commonalty of the Town of Southe~d and[ thus has title to the underground waters found in 'the Town of Southoldo (see 12 Ecology- ~29) (1985). It is obvious that the conservation laws of ,ihe State of New York were written without any thought being given to~ 'the patents that were specifically protected by the constitution of the State and the United States. These patents gave no~ only a recognition of the titles, but also the right to manage and control. The ECL is replete with sections that either through intent or ignorance of the patents have attempted to usurp to the State rights that were granted to the rrus~ees~ We further believe that the ownership and management of the questioned watere were purchased and uniformly confirmed by every source from which ratification could come to us; and thus were vested no',~ subject to divestiture, recall or revocation. / Edward P, Sharretts, *Dongan Patent, 1~88