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HomeMy WebLinkAboutTR-11/15/1990 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 SCOTT L. HARRIS Supervisor 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 THURSDAY~ NOVEMBER 15~ 1990 PRESENT WERE: ABSENT: John M. Bredemeyer, III, President Henry P. Smith, Vice President John L. Bednoski, Jr., Trustee Albert J. Krupski, Jr., Trustee Jane Blados, Clerk John H. Tuthill, Trustee THE MEETING WAS CALLED TO ORDER AT 7:15 PM. PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, December 20, 1990 at 7:00 PM --- WORKSESSION at 6:00 PM. HENRY SMITH made a motion to accept this date, seconded by ALBERT KRUPSKI. ALL AYES. NEXT TRUSTEE FIELD INSPECTION: Tuesday, December 11, 1990 at 8:30 AM. HENRY SMITH made a motion to accept this date, seconded by ALBERT KRUPSKI. ALL AYES. APPROVE minutes of August 23, 1990 meeting: APPROVE minutes of September 27, 1990 meeting: APPROVE minutes of October 25, 1990 meeting: HENRY SMITH moved to accept each of the above-referenced minutes with minor corrections. ALBERT KRUPSKI seconded the motion. ALL AYES. I. MONTHLY REPORT: The Trustees' monthly report for the month of October, 1990: A check for $1,898.88 was forwarded to the Supervisor's Office for the General Fund. Board of Town Trustees 2 November 15, 1990 II. PUBLIC NOTICES: Public notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: 1. Roy Stakey, Builder on behalf of CLIFFORD POLACEK requests a waiver to construct a 34' x 28' garage and inclose a 40' x 12'deck on property located at 2905 Westphalia Road, Mattituck, NY adjacent to wetlands near Mattituck Inlet. ALBERT KRUPSKI made a motion to approve the request for a waiver, including the following stipulation: drywells to be installed to contain run off from both the garage and the deck inclosure. HENRY SMITH seconded this motion. ALL AYES. 2. Jon Lake on behalf of W. HARRY LISTER requests a waiver to construct a 6' stockade fence on the east side of his property line on West Road, Cutchogue, NY. This fence, along with a 3' privet hedge, will run about 150' and will shield applicant's privacy from public view as there is a ROW alongside said property. ALBERT KRUPSKI moved to approve the waiver, seconded by JOH~ BEDNOSKI. ALL AYES. 3. J.M.O. Consulting on behalf of DENIS O'BRIEN requests a waiver to construct a freshwater pond and establish plantings of emergent vegetation within a freshwater wetland; plant the area around the pond with upland shrubs, and construct two gravel access paths. All work shall be done in accordance with plans. Location of project: Private Road, Fishers Island, NY adjacent to Un-known freshwater wetlands. The Trustees reviewed the plan and after a brief discussion; HENRY SMITH made a motion to grant the waiver, based on the approved plan of the N.Y.S.D.E.C. JOEN BEDNOSKI seconded the motion. Vote of the Board: AYES: Trustee Bredemeyer, Trustee Smith, and Trustee Bednoski. ABSTAINED: Trustee Krupski 4. En-Consultants on behalf of RICHARD ZEIDLER request an amendment to Permit #3844 to modify the location of the proposed bulkhead to conform with a recommendation of the NYSDEC and the revised plan of En-Consultants. Location of project: Private Road, Laurel, NY adjacent to Brushs Creek. HENRY SMITH made a motion to approve the request of En-Consultants on behalf of RICHARD ZEIDLER to amend Permit Board of Town Trustees 3 November 15, 1990 #3844 to modify the location of the proposed bulkhead to conform with the recommendation of N.Y.S.D.E.C. subject to the following conditions: No materials shall be taken from BMHW in Brushs Creek; the Bay Constable shall inspect the project during construction and must be notified prior to its commencement, all in accordance with the original permit° ALBERT KRUPSKI seconded this motion. ALL AYES. IV. PUBLIC HEARINGS 7:35 PM -- HENRY SMITH moved to enter into public hearings, seconded by ALBERT KRUPSKI. ALL AYES. THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLAND 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. Please keep your comments organized and brief, five minutes or less, if possible. 7:36 PM -- TRUSTEE BREDEMEYER: The first hearing is scheduled for 7:15 is in the matter of the application of DIAMOND SCARDUZIO to construct a single-family dwelling on property located on Budds Pond Road off Bayhome Road, Southold, NY adjacent to Budds Pond. We have received word that the Health Department can approve this job; we have comments from the CAC recommending you go through a full application and that the applicant complete information on the sanitary system before us proceeding. Any comments with respect to this application, in favor of this application? TRUSTEE KRUPSKI: Can I see the map, please? JOHN HOLZAPFEL: ...It's a reservation, you know, reading through the Health Department's second, you know..the., when they had their hearing after the appeal... TRUSTEE BREDEMEYER: Yes, I read it. JOHN HOLZAPFEL: .. and it's just the question with the Health Department in general, I'll phrase it up to you. The Health Department is just concerned about bacteria getting into drinking water, period. That's their prime and only directive. There is no environmental concern, and they make the point that there's nothing down low in terms of other wells. Obviously is other things down there and that should be at least a consideration. I'm not sure...I don't know enough about ground water movement or anything, but , you know, the County Health is only looking for water supply; they're not looking in terms of environmental issue, and that might be something you'd be concerned with. TRUSTEE BREDEMEYER: I know Louise and Bob DeLoucka did get this one. OK, I don't generally hear what happens there, but I Board of Town Trustees 4 November 15, 1990 know when we as Trustees and other town trustees do make a reference to an application it does get routed for environmental review in above the base drinking water considerations, and if they had a serious concern about ground conditions that might intervene environmentally, they, Louise or Walter Dawydiak will appear at the review board hearing in that matter. I know this was brought across their desk. I didn't see comments though, in the discussion of the review board minutes indicating any particular, you know, concern that they ever brought there on this application. JOH~ HOLZAPFEL: It's just a question, you know, with bolder clay and everything else up there. It's four feet to ground water and all that stuff. I mean, there're concerns that at least you should be aware of. TRUSTEE BREDEMEYER: Right. Do you feel that we need more information on this? I sometimes feel the same way. JOHN HOLZAPFEL: I always feel that, you know, it's better to get more information than less information. That's only an opinion. TRUSTEE KRUPSKI: He's concerned, so let's get a hydrologist or have the applicant provide us with the information...who's qualified to provide that information. It shouldn't be any problem for him. TRUSTEE BREDEMEYER: This particular one has other homes, you know, in the surrounding area. I don't...Budds Pond hasn't really turned into being a real problem here, although occasionally, it does have some high counts. TRUSTEE KRUPSKI: Of course you have a lot of flushing. That's why, but I mean if you have any concerns with the applicant, give us a report. It's pretty straight forward; we're not asking for a whole list of things, just one item, see how the ground water flows there. TRUSTEE BREDEMEYER: The thing is...see, I don't know, I guess I operate...still I, you know, I've read just about anything I can on this subject, and I recall reading, like the Brookhaven/Cornell study that the Health Department was involved in and all the coliforms were totally trapped within two feet, though of course, that was not a system that was functioning this close to ground water. I know there are some concerns that it can...if the coliforms can track through the surface of ground water and may sheet along the surface of the ground water. I don't know if an individual fits within the ability of an individual to give us really good information on this. I mean, we're expecting something of an individual that is probably beyond the individual's ability to give us information cause we don't...I don't think this necessarily sites specific information in Southold Town or in this area on this sort of a subject. Maybe an approach...instead of holding one person hostage, if this is still a problem out there, this may be something to request a detailed study in this. TRUSTEE KRUPSKI: You know, I'm not talking about just colifozm, also the nutrient factor. Wouldn't it be any ...... Board of Town Trustees 5 November 15, 1990 JOHN HOLZAPFEL: ...inaudible .... run off. It's ten feet, you know before they start to get zero counts. You know that was done ..... TRUSTEE BREDEMEYER: Exactly, and ...... JOHN HOLZAPFEL: Two feet is a little, you know, I'm not sure about that. And the other thing is all the recent information is talking viruses going in our topography without any trouble, 200 feet in some cases. So you know, are they going into the water? I think it's a question that has to be asked. I understand these people want to build their house and everything else, but .... TRUSTEE BREDEMEYER: I called up Cy Robins, who is the Health Department hydrologist, in reference to ground water issues and viruses because they have come up in recent discussions one place or the other in the Town. And he indicated that they..the results were mixed and they never came out with a formal report. He said, though, that it wasn't as bad as previously thought it might have been. That's just one man's interpretation of what they had seen. I have heard horror stories of 200 foot transmissions and stuff. He sort of tended to say I just really wasn't...I hadn't gotten my facts right..I didn't see nothing in print. I asked him about a report coming out. He said "no". Then I said, yeah, given the fact the recent landfill report caused a lot of problems, I said I didn't expect to see any reports coming out unless they had draft on the ... He said, yeah you're right. TRUSTEE SMITH: It was my understanding that after we got the Board of Health approval, that we were going to approve this application. That is where it was left about a year ago or six months ago, so.. TRUSTEE BREDEMEYER: I honestly think,in this case, I know that the analyst got the job. I know a lot of questions were raised about it because Scarduzio specifically called me up crying that environmental issues of water quality and shellfish and such were raised at the hearing because they mentioned certain names to me. Apparently they grew up next to Marty Trent, who's the Health Department supervisor and they were calling up and saying how nice he was, and how nice Marty was, but certain other individuals who shall remain nameless, were there asking hard environmental questions and I very politely indicated, well, that the Trustees had decided and the CAC that they wanted the Health Department approval before we could proceed. But the questions were asked, I know they were asked, and you ask some more. TRUSTEE KRUPSKI: The question now is do we want those questions answered? TRUSTEE BREDEMEYER: Well, I think it was answered through the Health ... TRUSTEE SMITH: It was answered through the Health Department. That stipulation we put on this. TRUSTEE BREDEMEYER: I rather see if the Board ...... JOHN HOLZAPFEL: I could argue with Henry, but Henry you do understand the Health Department has its primary concerns .... Board of Town Trustees 6 November 15, 1990 TRUSTEE SMITH: I understand that, but this is what we asked the applicant of a while ago, and we can't keep changing the rules as we play the game. TRUSTEE BREDEMEYER: I would prefer to put this on as an on agenda item for next month, an item for discussion and then maybe formalize a question more pointedly to the Health Department and ask for specific data under certain, you know, hydrographic conditions. If...I just don't believe in holding someone prisoner. I agree with Henry. I think we sort of gave the indication that we would go with it. I'm personally not uncomfortable with this one, okay. I just don't have a problem with this; with the clean sand and gravel barrier under that system. Nutrients are going to be generated on a density rate basis. Every time we up zone in the Town we help eliminate nutrients, but you know, this lot was created how many years ago? It's going to be with us unless the Town plans on buying it. I don't see it as an acquisition site. TRUSTEE SMITH: And it's not waterfront. TRUSTEE KRUPSKI: No, it isn't. I just saw that. I thought it was, but it's not. TRUSTEE SMITH: It's just a plain lot. TRUSTEE BREDEMEYER: You know, it's interesting. I thought it was, too. TRUSTEE KRUPSKI: Ok, then I'd like to just put something on there, if you guys don't have a problem. It seems like there's a change in elevation there, at the edge of the Phragmites, wasn't there? TRUSTEE BREDEMEYER: Yeah, there was like a natural berm there, wasn't there? TRUSTEE KRUPSKI: Yeah, I think that should be left... TRUSTEE BREDEMEYER: Right. TRUSTEE KRUPSKI: You know, completely untouched; cause I mean two minutes with the bulldozer and that could be gone. TRUSTEE BREDEMEYER: I am sure having Scarduzios talk to me and they offered to do anything reasonable that the Board would ask. They were very concerned that they have been through this for about three years, now. I guess it's been a long time for them. OK, any further comments in the matter of Diamond Scarduzio to construct a single-family dwelling on property on Budds Pond. There being no further comments, a motion to close the hearing in this matter. TRUSTEE SMITH: So moved. TRUSTEE BREDEMEYER: Second? TRUSTEE BEDNOSKI: I'll second that. ALL AYES. TRUSTEE BREDEMEYER: A vote in the matter of Diamond Scarduzio to construct a single-family dwelling? TRUSTEE SMITH: I make a motion to approve, with the stipulation that the natural berm on the eastern end of the property be left in its natural state. TRUSTEE BREDEMEYER: A second to the motion? TRUSTEE BEDNOSKI: Second. ALL AYES. 7:47 PM -- TRUSTEE BREDEMEYER: The next hearing scheduled for 7:16 PM is now 7:47 in the matter of the application of Board of 'Town Trustees 7 November 15, 1990 En-Consultants, Inc. on behalf of THOMAS J. GALLIGAN to construct a timber dock consisting of a 4' x 10' inclined ramp; a 4' x 30' fixed, elevated (4' above grade of marsh) catwalk; a 3' x 16' hinged ramp; a 5' x 14' float and a 6' x 16' float secured by (3) 8" diameter pilings. Location: Meday Avenue, Mattituck, NY at the arm of Mattituck Creek. The Board visited the site and the CAC has no problem. Are there any comments on behalf of this application? Any comments against this application? There being no comments, I'll take a motion to close the hearing in the matter of Thomas Galligan. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second ALL AYES TRUSTEE BREDEMEYER: A vote on the matter... TRUSTEE SMITH: I make a motion we approve the application of Thomas J. Galligan for his timber dock, ramp and floats. TRUSTEE KRUPSKI: Could we add on that it be kept a minimum of 15 feet off the property line? TRUSTEE BREDEMEYER: Yes, we should. OK, sounds good. Vote of the Board. I'm sorry, who seconded it? TRUSTEE BEDNOSKI: Second. TRUSTEE BREDEMEYER: John, that was as amended with keeping 15 feet off property lines? TRUSTEE BEDNOSKI: Yes. TRUSTEE BREDEMEYER: Vote of the Board? ALL AYES. TRUSTEE BREDEMEYER: Before we get into assessments, we'll have to vote to go off and go back on the regular agenda. I'll take that motion. TRUSTEE SMITH: I make a motion we go back on our regular schedule of the meeting. TRUSTEE KRUPSKI: Second ALL AYES. Time: 7:48 PM OFF AGENDA ITEM: At this time President Bredemeyer asked the Trustees if they had any concerns regarding the sanitary system issue that they might want to approach. A brief discussion followed at which time the Trustees asked questions and gave their opinions. Various aspects were touched upon, including whether or not the Health Department was capable of making certain determinations on a case by case basis based on ground conditions, and, also, contacting the Health Department as to whether it would do this. Coming to no definite conclusion, it was decided to drop the matter at this particular time. The President will be drafting a letter in the near future. Board of Town Trustees 8 November 15, 1990 V. ASSESSMENTS: 1. 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' at MLW. Resultant spoil, approximately 23 c.y. of sand shall be trucked to an upland site for disposal. Location of project: 2335 Minnehaha Blvd., Southold, NY on Corey Creek. The DEC considers this a Type II project and is not requiring coordination or lengthy review. HENRY SMITH: I make a motion that it's non-significant. JOH~ BEDNOSKI: Second. ALL AYES 2. Land Use Company on behalf of TORSTON JOHNSON to construct a single-family dwelling a minimum of 75' landward of the tidal wetland boundary and install a sanitary system greater than 100' from the tidal wetland boundary. A revised survey was received on 10/23/90; site re-inspected by Trustees on 11/9/90. Location of project: Cedar Point Drive East, Southold, NY fronting Pleasant Inlet, Cedar Beach Harbor. HENRY SMITH made a motion to issue a Negative Declaration, seconded by ALBERT KRUPSKI. ALL AYES. 3. 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; deck which shall be located approximately 40' landward of MHW and sanitary system which shall be approximately 80' landward of MArW. Location: Peninsula Road, Fishers Island NY fronting West Harbor. HENRY SMITH moved to issue a Negative Declaration, seconded by ALBERT KRUPSKI. ALL AYES. 4. Salvator A. Caradonna on behalf of JOHN MILAZZO requests a permit to construct a second story addition to an existing residence located at 9 Island View Lane, Greenport, NY on Un-named body of water. After a briefing from the President; HENRY SMITH moved to issue a Negative Declaration, seconded by JOHN BEDNOSKI. ALL AYES. 5. James Volney Righter Architects, Inc. on behalf of KIM CAMPBELL request a permit to construct a garage and add a swimming pool on property located at East End Road, Fishers Island, NY fronting East Harbor, Fishers Island Sound. It was recommended by Trustee Tuthill and Bay Constable McCarthy, who did an on-site inspection of the property, to have applicant try to find an alternate site and compress the project up closer to the house. Also discussed was moving the project out of Trustee jurisdiction. Board of Town Trustees 9 November 15, 1990 The final decision: JOH~ BEDNOSKI made a motion to issue a Positive Declaration with a request that the project be moved beyond Trustee jurisdiction. HENRY SMITH seconded this motion. ALL AYES. 6. En-Consultants, Inc. on behalf of ADRIAN MCCALL request a permit to replace (within 18") 43 1.f. of existing timber bulkhead; dredge up to 10' off bulkhead to a maximum depth of 4' below MLW. Maximum of 5 c.y. of spoil will be used for backfill. Project location: 10230 New Suffolk Avenue, Cutchogue, NY adjacent to Downs Creek. A brief discussion followed. The Trustees decided to segment this project. HENRY SMITH made a motion to segment this application and issue a Negative Declaration to replace the bulkhead and to issue a Positive Declaration on the dredging portion of the project. ALBERT KRUPSKI seconded this motion. ALL AYES. VI. RESOLUTIONS: 1. Set date for public hearings for items that have been assessed for negative declarations tonight for December 20, 1990. HENRY SMITH moved to set the date of public hearings for December 20, 1990. ALBERT KRUPSKI seconded the motion. ALL AYES. 2. Vote on a resolution which will be presented to the Town Board asking for its (Town Board's) support in opposing a budget cut for dredging in the 1991 Suffolk County Budget. The resolution was originally a Southampton Town resolution; Southold Trustees were given permission to use it, inserting "Southold" where appropriate. The resolution reads as follows: WHEREAS, the County of Suffolk has traditionally dredged many creeks in the Town of Southold and throughout the East End generally, and WHEREAS, this dredging is essential to the preservation of our East End waters, in that absent this dredging, many creeks would likely become inaccessible, and WHEREAS, the lack of dredging would adversely affect our economy on the East End due to the adverse effect on tourism, and additionally would cause a threat to public safety and navigation, and WHEREAS, the County Executive has proposed to eliminate the funds for continued dredging from the 1991 County budget, and Board of Town Trustees 10 November 15, 1990 WHEREAS, the Town Trustees, as guardians of our local waterways, are strenuously opposed to this budget cut and are seeking the support of the Town Board in voicing their opposition to the proposed budget cut, NOW, THEREFORE, BE IT RESOLVED, that the Town Trustees hereby request the Town Board to adopt a resolution supporting the Trustees' position in opposing the 1991 budget cut for dredging. A motion was made by JOHN BEDNOSKI and seconded by ALBERT KRUPSKI to adopt this resolution. ALL AYES. 3. Vote on the property of John and Margaret Guest, who propose to subdivide a 13.7 acre parcel into 3 separate parcels and to construct a single-family residence and sanitary system on lots 1 and 3. There shall be no disturbance to the topography or vegetation with 100' of the wetlands as flagged by the NYSDEC or the wetlands as flagged by J.M.O. Consulting and confirmed by the NYSDEC. Location of project: Crescent Avenue, Fishers Island, NY. Steven Sandford of the DEC flagged the fresh water wetland in the presence of Trustee Bredemeyer in May and previously the tidal wetland had been flagged by Chuck Hamilton and Glenn Just. The tidal wetlands are out of Trustee jurisdiction as the Trustees do not do "sounds". Also, the plan shows no disturbance within 100' ALBERT KRUPSKI moved that this project is beyond Trustee jurisdiction, seconded by HENRY SMITH. ALL AYES. VII. GRANDFATHER APPLICATIONS: 1. Daniel Natchez & Associates, Inc. on behalf of BREWER YACHT YARD AT GREENPORT, INC. request a grandfather permit for the construction of an interlocking wood replacement bulkhead within 18" of the existing functional but deteriorating timber bulkhead. This project is located on Stirling Creek off Chaplin Place, Greenport, NY. JOHN BEDNOSKI made a motion to approve the grandfather application as amended in letter dated November 2, 1990, to replace the interlocking wood bulkhead in kind/in place. ALBERT KRUPSKI seconded the motion. ALL AYES. VIII. MOORINGS: APPROVE mooring renewals for the month of December. HENRY SMITH moved to approve December mooring renewals, seconded by ALBERT KRUPSKI. ALL AYES. New Mooring Applications: NONE Board of Town Trustees 11 November 15, 1990 Off agenda: At this time HENRY SMITH requested to propose a resolution regarding duck blinds since he and the Bay Constable noted that the existing duck blinds were getting to be dangerously close to each other and were being left out all year. He felt that they were becoming an eye sore and were a bad public image. A brief discussion was held. The following resolution was made: RESOLVED, that duck blinds on or over Town underwater lands must have a mooring permit from the Board of Town Trustees pursuant to Chapter 32 of the Town Code; 1) Said permit shall be in force from September 1st through March 31st 2) Permitted blinds shall be grassed, functional and in place by November 1st of each year but no sooner that October 1st and must be removed from public lands by March 31st of the following year 3) A copy of said permit must be posted inside the blind 4) Blinds may be no closer that 500' of each other 5) If a blind is not functional by November 1st, the permit may be revoked and the next person on the waiting list (if one exists) shall have the opportunity to apply for a permit 6) The Bay Constable shall have the authority to have the blind removed should these regulations not be followed. The motion to APPROVE this resolution was made by HENRY SMITH and seconded by JOEN BREDEMEYER. VOTE OF THE BOARD: AYES: President Bredemeyer, Vice President Smith, Trustee Bednoski, Trustee Krupski. ABSENT: Trustee John Tuthill 9:00 PM Brief Recess WORKSESSION ITEMS THAT WERE DISCUSSED AFTER THE REGULAR MEETING: 1. Letter from Supervisor Harris's Office regarding Town Master Plan. Supervisor requested Trustee input. Trustees decided that mariculture and aquaculture should be treated as equal to agriculture, provided work is done in an enclosed structure. John Bredemeyer to draft letter to the Supervisor. Board of Town Trustees 12 November 15, 1990 2. Letter from Henry Raynor regarding August Acres as to whether a dock can be constructed at the recreational site proposed for this subdivision. No action...basic zoning questions have not been answered. 3. Brick Cove Marina: Informal meeting to be held on Tuesday, November 27, 1990 at 7:00 PM in conference room. 4. Southold Shores Boat Basin ..... 5. Trustee Fees .... Trustees to bring ideas to December worksession. A discussion was also held on "community marinas". The meeting was adjourned at 9:20 PM. JOHN BEDNOSKI moved to adjourn, seconded by HENRY SMITH. ALL AYES. Respectful~ubmitted, One Blados, Clerk RECEIVED .AND FILED BY THE ~OUT~.,~D lu/VfN CLERK DATE/~/ T