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HomeMy WebLinkAboutTR-12/20/1990 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'l-I L. HARRIS Sul~rvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES OF MEETING HELD ON THURSDAYt DECEMBER 20t 1990 PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice President John L. Bednoski, Jr. Trustee Albert J. Krupski, Jr., Trustee John H. Tuthill, Trustee THE MEETING WAS CALLED TO ORDER PLEDGE OF ALLEGIANCE Next Trustee Board Meeting: Thursday, January 17, 1991 at 7:00 p.m., Worksession at 6:00 p.m. Organizational meeting: January 17, 1991 - during regular meeting. Next Field Inspection: Tuesday, January 8, 1991 - 8 p.m. I. MONTHLY REPORT: Trustees' monthly report for November, 1990: A check for $1,847.44 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. JOHN TUTHILL request to amend permit number 3747 to read as follows: Float 40' X 6' = 240 sq.ft. Catwalk 20' X 4' = 80 sq.ft. Ramp 8' X 2 1/2' = 20 sq.ft. 6 pilings at $25.00 offshore of MHW After Mr. Tuthill excused himself from the room a motion was made by JOHN BREDEMEYER and seconded by HENRY SMITH to approve B6ard of Trustees 2 December 20, 1990 the above noted amendment with the use of the old fee schedule. AYES: Bredemeyer, Smith, Krupski, Bednoski. ABSTAIN: Tuthill. 2. COSTELLO MARINE on behalf of CHARLES BLEIFELD to amend permit number 3741 to place the float parallel to the beach heading in an easterly direction. Sandpiper Basin. After discussion with members from audience, a motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to table the amendment in order to re-inspect the project and measure the dock. ALL AYES. 3. COSTELLO MARINE on behalf of ORIENT BY THE SEA MARINA/RESTAURANT request a waiver to repair bulkhead as indicated on map. Located at Orient Point. After a discussion it was decided that the request for work is just an ordinary repair and does not require any approval from this board. 4. En-Consultants on behalf of WILLIAM AND VINCENT GERAGHTY request to cut down the Phraymites to allow easier access. The Trustees have been waiting for a licensed survey on this property in order to proceed with this application. Cutting the Phragmites will allow the survey to be done. Located at Arshamomaque. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to allow the Phragmites to be cut for the purpose for surveying only. The applicant must come before this Board for any further activity prior to permit. ALL AYES. 5. JOHN WICKHAM request waiver to move cottage from lot ~33 to lot #32.2 located in New Suffolk. A motion was made by ALBERT KRUPSKI and JOHN BEDNOSKI to waive any jurisdiction, if any, for this project. ALL AYES. 6. ADRIAN MCCALL - Board to amend application to read as follows: Applicant request permit to replace (within 18") 43 1.f. of existing timber bulkhead. No dredging will take place. A motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to rescind the positive declaration do to the fact that the application was revised. ALL AYES. IV. PUBLIC HEARINGS: A motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to go off regular meeting and go into public hearings. B~ard of Trustees 3 December 20, 1990 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-MATTITUCK 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 7:32 P.M. - In the matter of the application of J.M.O. Consulting on behalf of PATRICK W. LOHN requests a permit to dredge an existing 16' X 20' bulkheaded boat basin to a depth of 3' of MLW. Resultant spoil approximately 23 c.y. of sand shall be trucked to an upland site for disposal. Located at 2335 Minnehaha Blvd., Southold, on Corey Creek. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? Comments of the CAC; I see none received, although I thought I have seen prior comments. They didn't have a problem with it. JOHN HOLZAPFEL: Yea, we didn't have a problem. TRUSTEES BREDEMEYER: O.K. Comments of the Board? There being no comments, I take a motion to close the hearing in the matter of J.M.O. for Patrick Lohn. TRUSTEE TUTHILL: So moved. TRUSTEE KRUPSKI: Second. TRUSTEE BREDEMEYER: All in favor? ALL AYES. TRUSTEE KRUPSKI: I make a motion to approve the application. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: 7:35 P.M. - In the matter of the application of Land Use Company on behalf of Torsten Johnson to construct a single-family dwelling a minimum 75' landward of the tidal wetland boundary and install a sanitary system greater than 100' from the tidal wetland boundary as per survey of October 23, 1990. Located at Cedar Point Drive, East, Southold, fronting Pleasant Inlet, Cedar Beach Harbor. Is there anyone who wishes to speak on behalf of this application? Chuck Bowman: Representing Torsten Johnson. It is a pretty straight forward application. If you have any question, I will be happy to answer them. TRUSTEE KRUPSKI: I don't believe the application showed much of a landscaping plan, did it? In that 75' area of our jurisdiction. CHUCK BOWMAN: No, but they would certainly be willing to maintain the natural vegetation there. I don't think it should be landscaped there. It is pretty heavily vegetated now. If the Board would see fit to pose a buffer area restriction, it would be very reasonable. Board of Trustees 4 December 20, 1990 TRUSTEE BREDEMEYER: O.K. John Holzapfel, we didn't see comments here on this. Have you seen this one after we had the re-survey and we gave you the new survey on it? JOHN HOLZAPFEL: I don't think we did. TRUSTEE BREDEMEYER: We had been out on it and taped it. We found the dwelling located at the 75' mark. We felt that we would want to go ahead with the permitting to possibly discuss buffering. CHUCK BOWMAN: His house and the property is in such a sensitive area it should be permitted. TRUSTEES KRUPSKI: It is on filled land? CHUCK BOWMAN: That is correct. TRUSTEE KRUPSKI: Just out of curiosity, what is the elevation there? What will be the first floor elevation as compared to the existing grade? CHUCK BOWMAN: Well, the first floor is going to have to be flood plain. What ever that is. The architects are working on that. Probably nine feet. TRUSTEE KRUPSKI: O.K. TRUSTEE BREDEMEYER: That would be, what, based on sea level down? TRUSTEE KRUPSKI: Yea. TRUSTEE BREDEMEYER: How did they make out with fresh water? CHUCK BOWMAN: Yes. Winds Way Building Corp. did the house adjacent to it. Which is all part one of a minor subdivision they had to put their well on the road/right-of-way and I would imagine that that is where this is going to go too. TRUSTEE BREDEMEYER: Are there any more questions for Mr. Bowman? Is there anyone here who also wants to speak on behalf of the application? MR. MICHELL: I thought the lawyers for the buyer...I thought someone was contemplating buying this property. CHUCK BOWMAN: That is correct. It is being sold. MR. MICHELL: I am speaking as President of the Association now. Before you can put the well in the road you have to get some permission for the easement... CHUCK BOWMAN: I think that is very reasonable. TRUSTEE BREDEMEYER: That is not properly with this Board, but would be with the Health Department and their approval process. Is there anyone who has additional comments in favor of the application? There being none in addition in favor, is there anyone here to speak against the application? Hearing no comments, Board members? There being none, I take a motion to... TRUSTEE SMITH: When we talked about that we were going to maintain that 50' buffer. TRUSTEE BREDEMEYER: As discussed in the field the interest of the Board was for a 50' buffer. There being no additional comments in this matter I will take a motion to close the public hearing. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. After further discussion a motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to approve subject to a 50' buffer and there shall be no grass type lawn and that the vegetation B6ard of Trustees 5 December 20, 1990 will be kept in the natural state of vegetation that is in the area already. TRUSTEE KRUPSKI: Second. ALL AYES. Trustee Tuthill absent. 7:42 P.M. - In the matter of the application of J.M.O. Consulting on behalf of CHRISTABEL VARTANIAN requests a permit to construct, landward of a stone seawall, a single-family dwelling which shall be located approximately 52' landward of MHW and sanitary system which shall be approximately 80' landward of MHW. Located at Peninsula Road, Fishers Island, fronting West Harbor. TRUSTEE BREDEMEYER: Is there anyone here who wishes to speak on behalf of this application? This application was inspected by myself this spring and by John Tuthill this fall. It has a DEC Permit that was issued on 7/31/90. It is a relatively small lot with little other alternative. John Tuthill if you recall asked if that we merge the properties. I had done a search in the tax office. They are actually in two different owners. It appeared at first that it was one owner of two lots. They are single and separate. It is behind a sea wall and it is not going to impact it. We might want to request a haybale during construction. I think the DEC already requires. TRUSTEE KRUPSKI: I am familiar with that and I have seen the pictures. TRUSTEE BREDEMEYER: Anyone who wishes to speak against this application? I will take a motion to close this hearing, since there are no further comments. I make a motion to approve this application subject to a filter cloth or haybale barrier to prevent material and erosion from entering the water way, containment of all roof runoff and driveway runoff in drywells. TRUSTEE KRUPSKI: Second. ALL AYES. Trustee Tuthill absent. TRUSTEE BREDEMEYER: The next public hearing is in the matter of Salvator Caradonna on behalf of JOHN MILAZZO request a permit to construct a second story addition to an existing residence located at 9 Island View Lane, Greenport. We have some information here from the Zoning Board of Appeals to which I have not had a chance to read and the Board might be interested in. It is to the Trustees from Jerry Goehringer ZBA Chairman. Dated today, December 20, 1990. In reference to the application John Milazzo. "It is our understanding that the Trustees will be considering an application for a second-story addition to an existing footprint, which may be a different plan than that filed with our office. For your convenience we are furnishing a reduced copy of the print, as amended December 7, 1990, showing construction different from the existing location and driveway, proposed decks, removal of trees, etc. As of this date, the Z.B.A. hearing has been concluded and a decision is expected to be rendered in January. Also attached is a copy of an evaluation report requested by our office from the Soil & Water Conservation District of Suffolk Board of Trustees 6 December 20, 1990 County, and the applicant's proposed measures to mitigate problem areas, for your file." There is a lengthy report from the Soil Conservation. Unless there is someone here to speak for this application, I think we should dispense with reading this and reviewing it now and a copy be distributed to the members of the Board. Maybe we should do another field inspection here. There is apparently a duel track for this application. It is tracking one way through one Town agency and another way through the Trustees. I don't think a public hearing is the place to sort it out. TRUSTEE KRUPSKI: I agree. TRUSTEE BREDEMEYER: Is there anyone here to speak of this application? GEORGE BALDWIN: I am George Baldwin of 1045 Island View Lane. I am the neighbor to the north. I just wanted to be sure that the Board was aware of the process pending now before the Zoning Board of Appeals. TRUSTEE BREDEMEYER: I think that it would be best to table this for practical matters and review. If for some reason they receive a Z.B.A. approval in time before another meeting. I would say that the Trustees would have to give consideration to either voiding this application or suspending it and/or requesting the applicant to re-submit what they received an approval from the ZBA. We can't be shopping with apples and oranges. A motion to recess this hearing? TRUSTEE KRUPSKI: So moved. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: A motion to table action in this matter until the board concludes another field inspection. TRUSTEE BEDNOSKI: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: Next hearing is in the matter of En-Consultants on behalf of ADRIAN MCCALL request permit to replace (within 18") 43 1.f. of existing timber bulkhead. Located at 10230 New Suffolk Avenue, Cutchogue. Adjacent to Downs Creek. Is there anyone here who wishes to speak on behalf of this application? Is there anyone here who wishes to speak against this application? Hearing none, I take a motion to close. TRUSTEE KRUPSKI: So moved. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE KRUPSKI: I make a motion that we approve the application. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: A motion to go back on the regular agenda? TRUSTEE KRUPSKI: So moved. TRUSTEE SMITH: Second. ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. En-Consultants on behalf of THOMAS SAMUELS request permit to maintenance dredge hydraulically a channel 30+/-' X 1440+/-' B6ard of Trustees 7 December 20, 1990 to maximum depth 6' below MLW. Approximately 3800 c.y. of spoil will be used for beach nourishment on southwest side of Fisherman's Beach. HaI~aters Road, Cutchogue. A motion was made by JOHN BREDEMEYER and seconded by ALBERT KRUPSKI to table until a review of the County dredge maps can be done. ALL AYES. 2. JOHN GABUSI request permit to replace existing storm damaged bulkhead within 18" of existing bulkhead. Located at 7480 Peconic Bay Blvd. A motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to grant a negative declaration. ALL AYES A motion was made by HENRY SMITH and seconded by JOHN TUTHILL to grant an emergency approval to start the project because there is a potential for an environmental hazard. ALL AYES. Note; applicant has current DEC permit. 3. En-Consultants, Inc. on behalf of FRANCES FRISBIE request permit to construct a timber dock consisting of a 4' X 30' fixed elevated (4' above grade of marsh) walk; 4' X 14' hinged ramp; 6' X 16' float secured by (2) 8" diameter pilings. Located at 8050 Nassau Point Road, Cutchogue. A motion was made by ALBERT KRUPSKI and seconded by JOHN TUTHILL to grant a negative declaration with the suggestion that the applicant include from the top of the bank down to the purposed project to be consistent with the same width as the catwalk. ALL AYES. 4. Brick Cove Marina (should have been under RESOLUTIONS) A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to schedule a special meeting for January 8, 1991 at 7 p.m. for the purpose of reviewing the Long Environmental Assessment Form. ALL AYES. 5. John Geideman on behalf of JOSEPH FIDJINSKI request to construct a 4' X 30' fixed dock; 3' X 10' ramp; 6' X 20' float and fence surrounding property. School House Creek, New Suffolk. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to approve amendment. ALL AYES. A motion was made by JOHN BREDEMEYER and seconded by JOHN TUTHILL to grant a negative declaration. ALL AYES. VI. RESOLUTIONS: 1. Board to set public hearings for January 17, 1991 regular meeting. A motion was made by HENRY SMITH and seconded by JOHN TUTHILL. ALL AYES. 2. Board to set public hearing: Larry Tuthill request to reconstruct 80' bulkhead in School House Creek. Board of Trustees 8 December 20, 1990 A motion was made by JOHN TUTHILL and seconded by JOHN BREDEMEYER to set a public hearing for January 17, 1991. AYES. ALL 3. Board to review the Bruce Anderson report on Sievernich, property located off Mattituck Creek (Howard's Branch). 113-8-5. And Raymond Kerester property located at Bayview, Southold. 81-1-25. A motion was made by ALBERT KRUPSKI and seconded by JOHN BREDEMEYER to approve the report of SIEVERNICH with the recommendation that there be no conventionally turf areas to the creek side of either of these two residences and all runoff should be contained in drywells. ALL AYES. A motion was made by ALBERT KRUPSKI and seconded by JOHN BREDEMEYER to approve the report of KERESTER with the recommendation that the building envelope be more than 75' from all salt water marshes. ALL AYES. 4. Glenn Just on behalf of JOSEPH SPITALIERE request extension to run from March 2, 1991 to March 2, 1992 to construct his single family dwelling located on Orchard Lane, Southold. A motion was made by HENRY SMITH and seconded by JOHN BREDEMEYER to grant an extension as noted above. ALL AYES. VII. MOORINGS: 1. Ed Wysocki - request stake in narrow River for an aluminum boat. A motion was made by JOHN BREDEMEYER and seconded by JOHN TUTHILL to table this application and put on waiting list. AYES. ALL 2. Ray Jacobs - request permit for 10' duck blind in Arshamomaque Pond. A motion was made by JOHN BREDEMEYER and seconded by HENRY SMITH to approve application subject to 1991 fees. ALL AYES. 3. John Errico - request stake in Narrow River for a 10' out board. A motion was made by JOHN BREDEMEYER and seconded by HENRY SMITH to table approval and put on waiting list. ALL AYES. The meeting was adjourned at 8:25 P.M. A motion was made by JOHN TUTHILL and seconded by ALBERT KRUPSKI to adjourn. ALL AYES · Respectfully submitted, · Thorp, Clerk