HomeMy WebLinkAboutTR-09/27/1990 TRUSTEES
John M. Bredemeyer, 111, 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 SEPTEMBER 27, 1990 7:00 PM
PRESENT WERE:
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr., Trustee
John L. Bednoski, Jr., Trustee
John H. Tuthill, Trustee
Jane Blados, Clerk
WORKSESSION was held at 6:00 PM.
MEETING WAS CALLED TO ORDER AT 7:00 PM.
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: THURSDAY, OCTOBER 25, -- 7:00 PM
WORKSESSION: 6:00 PM.
AL KRUPSKI moved to accept this date, seconded by JOHN TUTHILL
ALL AYES.
NEXT TRUSTEE FIELD INSPECTIONS: Friday, October 19 -- 9:00 AM
HENRY SMITH moved to accept this date, seconded by JOHI~ TUTHILL.
ALL AYES.
APPROVAL OF MINUTES OF JULY 26, 1990 MEETING:
JOHN TUTHILL made a motion to accept the minutes of July 26,
1990, seconded by ALBERT KRUPSKI. ALL AYES.
I. MONTHLY REPORT:
The Trustees monthly report for August, 1990: A check for
$1886.40 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.
Board of Trustees 2 September 27, 1990
III: AMENDMENTS/WAIVERS/CHANGES:
1. HALSEY A. STAPLES requests a waiver to construct a
single-family dwelling on property located off Middleton Road,
Greenport, NY, 75 ' from sump which serves Washington Avenue and
Middleton Road.
ALBERT KRUPSKI moved to grant the waiver subject to placement of
hay bales at or near the 75' line, run off to be contained, and
no activity within 65' Project to proceed only after an
inspection of the hay bale line.
JOHN TUTHILL seconded this motion. ALL AYES.
2. J.M.O. Consulting on behalf of THOMAS COFFIN requests an
amendment to Permit #3810 to construct a 6' x 40' float instead
of a 4' x 40' float; a 4' x 5' cantilevered platfo£m off the
existing bulkhead and a 3' x 12' ramp. Location of property is
305 Gull Lane, Greenport, NY fronting Fordham Canal.
HENRY SMITH moved that the amendment be approved with the
request for a 4' non-vegetated buffer, seconded by JOHN
TUTHILL. ALL AYES.
After the vote, Glenn Just realized the size of the float was
incorrect; therefore, the float was amended to 6'x 60' as shown
on the map.
JOHN BREDEMEYER made this a motion, seconded by HENRY SMITH.
ALL AYES.
3. Environment East, Inc. on behalf of FRANK & SANDRA CURRAN
requests a waiver to construct a 30' x 20' accessary building at
780 Haywaters Road, Cutchogue, NY, fronting Haywaters Cove.
HENRY SMITH made a motion to grant the waiver subject to the
condition that all run-off be contained on site.
JOHN BREDEMEYER seconded this motion. ALL AYES.
7:27 PM: JOHN TUTHILL moved to enter into public hearings,
seconded by ALBERT KRUPSKI. 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 A AFFIDAVIT OF PUBLICATION FROM THE LONG
ISLAND TRAVELER-MATTITUCK WATCHMAN. PERTINENT CORRESPONDENCE
MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
Board of Trustees 3 September 27, 1990
DUE TO THE MALFUNCTION OF THE TAPE RECORDER THESE HEARINGS WILL
NOT BE VERBATIM.
7:28 PM -- In the matter of the application of EUGENE PERINO
to construct steps 17'+ x 3' w/top and bottom landings; a ramp
38'+ x 3' to permit access to bottom of bank and access to boat
with minimal impact to plant life. Location of project: 820
Trumans Path, East Marion, NY adjacent to Marion Lake.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application.
EUGENE PERINO spoke on behalf of the application.
JOHN BREDEMEYER asked if anyone wished to speak against this
application. No one was opposed to the application. There
being no further comments:
A motion was made by HENRY SMITH to close the hearing, seconded
by ALBERT KRUPSKI. ALL AYES.
ALBERT KRUPSKI moved to APPROVE the application, seconded by
JOHN BEDNOSKI. ALL AYES.
7:33 PM -- In the matter of the application of J.M.O.
Consulting on behalf of HOWARD LUDECKER to construct 56' of
timber bulkheading; a 2' return at the western end; a 4'
return on the eastern end, and to backfill structure with
approximately 25 c.y. of clean sand which shall be trucked in
from an upland source. All proposed activity to take place
landward of the MHW Line. Location: ROW off Main Bayview
Road, Southold, NY on Corey Creek.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application. Hearing no one, he asked if anyone wished to
speak against this application.
The following people spoke in opposition:
1. Harold Deneen
2. Patricia Brandt
3. Dan Stegner
4. Blase Stigliani
Reason for these people speaking against this application: As
concerned neighbors, they believed their right to use the 16
1/2' ROW would be obstructed and that the applicant owned only
39 1/2 feet, not the 56 feet for which he applied to construct
the bulkheading. Documentation on ROW presented by various
neighbors are on file.
JOHN BREDEMEYER asked for further comments.
JOHN HOLZAPFEL expressed the CAC's concern that the placement of
the bulkhead may lead to erosion by backwashing of storm
Board of Trustees 4 September 27, 1990
waters. He commented that there was no sign of erosion at this
time.
JOHN BREDEMEYER asked for further comments; there being none,
HENRY SMITH moved to close the hearing, seconded by ALBERT
KRUPSKI. ALL AYES.
ALBERT KRUPSKI made a motion to DENY WITHOUT PREJUDICE the
application OF J.M.O. Consulting on behalf of HOWARD LUDECKER.
JOHN BEDNOSKI seconded the motion. ALL AYES.
Reason for the Trustees' determination: Applicant appears to
be violating the right-of-way.
7:42 PM -- In the matter of the application of Proper-T
Services on behalf of ANTE GRGAS to replace and extend
existing (permit ~1678) open-pile walkway, hinged ramp, and to
install piles to secure floating dock. Location of the
project: Holbrook Lane (private road) Mattituck, NY on
Mattituck Creek.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application.
JIM FITZGERALD commented that he would be happy to answer any
questions the Board might have.
The Trustees indicated that they saw no problem with this
project and had no questions.
JOHN BREDEMEYER asked if anyone wished to speak against this
application. There being no one;
JOHN BEDNOSKI moved to close the hearing, seconded by HENRY
SMITH. ALL AYES.
JOHN BEDNOSKI made a motion to APPROVE the application of
Proper-T Services on behalf of ANTE GRGAS.
HENRY SMITH seconded this motion. ALL AYES.
7:45 PM -- In the matter of the application of J.M.O
Consulting on behalf of ROBERT E. PATTERSON to construct two
guest rooms, gravel path, and to install one additional 6'
drywell at existing sanitary system. The proposed guest rooms
shall be serviced by the existing sanitary system. There shall
be minimal regrading and fill will be trucked in. The following
stipulation is required in accordance with CAC recommendation:
Said project is to be moved 10' east.
Location: Crescent Avenue, Fishers Island, NY fronting Fishers
Island Sound and Un-named Freshwater Wetlands.
A discussion followed in order to clarify CAC comments.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application; if anyone wished to speak against this
application: There being no one, JOHN BREDEMEYER moved to close
the hearing, seconded by HENRY SMITH. ALL AYES.
Board of Trustees 5 September 27, 1990
ALBERT KRUPSKI made a motion to APPROVE this application subject
to the condition that drywells, gutters, leaders be
incorporated to contain run off and that the CAC
recommendation be adhered to.
HENRY SMITH seconded this motion. ALL AYES.
7:49 PM -- In the matter of the application of J.M.O.
Consulting on behalf of RICHARD OLIVERI to construct a
single-family dwelling, sanitary system, and decking; to install
a 12' culvert under existing drive and to cover existing drive.
Proposed residence shall be located 75' from freshwater
wetlands line as flagged by Steve Sanford of the DEC; decking:
67' and sanitary system: 101'. A continuous line of hay bales
shall be installed landward of the wetland line prior to and
during all phases of construction. Location: Crescent Avenue,
Fishers Island, fronting Freshwater Wetlands.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application; if anyone wished to speak against this
application? There being no one;
HENRY SMITH moved to close the hearing seconded by JOHN TUTHILL.
ALL AYES.
HENRY SMITH moved to APPROVE the application of J.M.O.
Consulting on behalf of RICHARD OLIVERI, seconded by JOHN
BREDEMEYER. ALL AYES.
7:51 PM -- In the matter of the application of Costello
Marine Contracting Corporation on behalf of JOSEPH AND MARTHA
JANOWICZ to construct a 4' x 100' wood access walkway; a 4' x
40' timber catwalk dock; a 3' x 20' aluminum ramp; an 8' x 24'
timber float dock with (2) 2-pile support dolphins and (2)
2-pile mooring dolphins.
Location: Cox Neck Road, Mattituck, NY fronting Mattituck Creek.
JOHN BREDEMEYER asked if anyone wished to speak on behalf of
this application; if anyone wished to speak against this
application? There being no one;
HENRY SMITH moved to close the hearing, seconded by JOHN
BREDEMEYER. ALL AYES.
JOHN BREDEMEYER made a motion to APPROVE the application of
Costello Marine Contracting Corp. on behalf of JOSEPH AND
MARTHA JANOWICZ, seconded by HENRY SMITH. ALL AYES.
ENVIRONMENTAL ASSESSMENT in the matter of the application of
the Town Trustees to prohibit the use of scrape or dredge to
harvest shellfish on Trustee-managed underwater lands during the
period from 10/1/90 to 3/31/91, inclusive.
Board of Trustees 6 September 27, 1990
JOHN BREDEMEYER made a motion to issue a Negative Declaration,
seconded by ALBERT KRUPSKI. ALL AYES.
7:53 PM -- In the matter of the application of the TOWN
TRUSTEES to prohibit the use of scrape or dredge to harvest
shellfish on Trustee-managed underwater lands during the period
from 10/1/90/ to 3/31/91, inclusive.
JOH~ BREDEMEYER asked if anyone wished to speak on behalf of
this application; if there was anyone who wished to speak
against this application;
There being no one, HENRY SMITH moved to close the hearing,
seconded by JOHN TUTHILL. ALL AYES.
HENRY SMITH made a motion to APPROVE the application, seconded
by JOHN BREDEMEYER. ALL AYES.
The following RESOLUTION was voted upon by the Board:
WHEREAS the Southold Town Trustees are empowered under the Laws
of New York State of 1893 to manage Town Underwater Lands
WHEREAS the Trustees have caused a public hearing to be held in
the matter of prohibiting the use of scrapes/dredges on Trustee
lands for the period of 10/1/90 to 3/31/91, inclusive
WHEREAS the Southold Town Trustees have prohibited the use of
dredge/scrape on Trustee (Town) underwater holdings by
affirmative vote of 5-0 to harvest shellfish
WHEREAS there was support and no opposition at the public
hearing
WHEREAS the use of a dredge or scrape in contravention to this
management order would further the documented damage to
beneficial marine vegetation and organisms caused by the "Brown
Tide" during the years 1985-1989
WHEREAS such mechanical gear in use against the management
order would constitute an unlawful trespass on Trustee lands
prejudicial to the p,~hlic interest of the Town of Southold
THEREFORE let it be known that use of a dredge or scrape is not
considered an ordinary operation of mariculture or
aquaculture or harvest of shellfish by the Trustees for the
period 10/1/90 to 3/31/91, inclusive
THAT the Bay Constable is empowered under the Town Wetlands
Ordinance Chapter 97 or any other applicable public ordinance to
secure enforcement of this order.
Board of Trustees 7 September 27, 1990
ALBERT KRUPSKI made a motion to APPROVE the above resolution,
seconded by JOH~ BREDEMEYER. ALL AYES.
TIME: 7:58 PM -- HENRY SMITH made a motion to enter into the
regular agenda, seconded by ALBERT KRUPSKI. ALL AYES.
V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS:
1. Land Use Company on behalf of TORSTEN JOHNSON requests a
permit 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.
Location of project: Cedar Point Drive East, Southold, NY
fronting Pleasant Inlet/Cedar Beach Harbor and Inlet.
After a brief discussion the Trustees decided to TABLE the
application of Land Use Company on behalf of TORSTEN JOHNSON
until the Board is in receipt of a new survey showing numbered
flags and 2' contours.
JOHN BEDNOSKI made the motion to table the application with the
above-mentioned stipulation, seconded by ALBERT KRUPSKI.
ALL AYES.
2. JOHN J. HAGERTY, III requests a permit to construct a 4'
x 50' catwalk; a 3' x 16' ramp, and a 5' x 20' floating dock
with two (2) sets of 10" diameter piles. Location of project:
1100 Beachwood Lane, Southold, NY fronting Goose Creek.
A brief discussion followed regarding the devegetation and
mowing which the Trustees witnessed during their inspection of
the site on September 18, 1990.
ALBERT KRUPSKI made a motion to issue a Negative Declaration
with the request that devegetation and mowing cease before a
permit will be issued.
JOHN TUTHILL seconded this motion.
ALL AYES.
3. J.M.O. Consulting on behalf of CHARLES BLEIFELD
requests a permit to construct a single-family dwelling,
sanitary system, pool and deck on two combined properties. Any
disturbed areas shall be regraded and replanted with native
vegetation. Location of project: Orchard Lane, Southold, NY
fronting Cedar Beach Harbor.
JOHN COSTELLO and GLENN JUST spoke on behalf of the
application.
Board of Trustees 8 September 27, 1990
After holding a discussion and listening to the comments of
neighbors, the following action was taken by the Trustees:
It was moved by JOHN BREDEMEYER and seconded by JOHN TUTHILL to
grant a waiver to J.M.O. Consulting on behalf of CHARLES
BLEIFELD to construct a single-family dwelling, sanitary
system and deck with the conditions that the waiver is granted
for those activities greater than forty-five feet (45") landward
of the DEC wetland line as noted on the land survey of Robert
Lund & Associates, Architects, dated April 6, 1990. A hay
bale or filter cloth barrier is to be installed at least 45'
from the DEC wetland line and is to remain in place throughout
construction. An inspection by the Bay Constable or a
representative of the Trustees, to verify the existence of the
barrier, shall be necessary. The waiver will not permit any
cut, fill, equipment storage or other building-related activity
within the 45' wetland line.
VOTE OF THE BOARD: AYES: President John Bredemeyer, Vice
President Henry Smith, Trustee John Bednoski, Jr., Trustee
John H. Tuthill.
ABSTAINED: Trustee Albert Krupski, Jr.
4. J.M.O. Consulting on behalf of SEBASTIAN COVE PROPERTY
OWNERS ASSOCIATION requests a permit for maintenance dredging of
a previously dredged area of Sebastian's Gutter to a depth of
-3' at MLW, resultant spoil (approximately 1800 c.y.) shall be
suitably disposed at an upland site; and to reconstruct within
18" approximately 150' of timber bulkheading and to construct
six (6) 4' x 30' floats. Location of project: Mill Road,
Mattituck, NY adjacent to Mattituck Creek.
SCTM #1000-100-3-11.12
Because additional information is needed in order to make a
final determination, the Board TABLED this application.
Glenn Just of J. M. O. Consulting is to submit the necessary
information.
ALBERT KRUPSKI made a motion to TABLE the application.
HENRY SMITH seconded the motion. ALL AYES.
5. James Volney Righter Architects, Inc. on behalf of
GEORGE DE MENIL request a permit to renovate an existing
garage/apartment and to construct an 800 s.f. addition on sono
tube piers as per revised survey dated 8/1/90. No excavation
will be done except for piers. Location of project: Fishers
Island, NY fronting Brickyard Pond.
JOHN BREDEMEYER moved to issue a Negative Declaration based on
the new plan submitted, seconded by ALBERT KRUPSKI.
ALL AYES.
6. J.M.O. Consulting on behalf of BAGLEY REID requests a
permit to allow the applicant, on a bi-annual basis, to
Board of Trustees 9 September 27, 1990
selectively hand cut, hand prune or hand trim vegetation within
the area 75' of the freshwater wetlands as delineated by the
staff of the NYSDEC as depicted on the survey. Location of
project: Central Avenue, Fishers Island, NY fronting Barlow
Pond.
HENRY SMITH made a motion to issue a Negative Declaration.
ALBERT KRUPSKI seconded this motion. ALL AYES.
At this time, John Costello questioned the use of silt fence
instead of hay bales. The Trustees agreed that the silt fencing
could be used in some instances in place of hay bales.
VI. RESOLUTIONS:
1. HENRY SMITH made a motion to set the date for public
hearings for October 25, 1990.
JOHN BEDNOSKI seconded the motion. ALL AYES.
2. APPROVE Bruce Anderson's report of 8/19/90 regarding the
subdivision of Raymond Kerester SCTM ~1000--100-1-25.
ALBERT KRUPSKI moved to TABLE the approval for one (1) month
until such time that the Trustees can further inspect/review.
JOH~ BEDNOSKI seconded this motion. ALL AYES.
3. APPROVE Bruce Anderson's report of 8/25/90 regarding the
Paul Mathews subdivision SCTM #1000-100-2-1.
It was determined that the subject property had no wetlands, and
therefore, is non-jurisdictional.
JOHN BREDEMEYER moved to APPROVE the report.
JOHN TUTHILL seconded the motion. ALL AYES.
3. J.M.O. Consulting on behalf of JOHN L. BRAIDER: The Board
is to vote on the application which was tabled at the August 23,
1990 meeting until the Trustees could meet with the applicant on
site to view the project, whereby the applicant proposed to
construct 354' of timber retaining wall above the M~W Line.
The southern most 215' will be backfilled with stone; the
remaining 139' shall be backfilled with clean sand which will be
trucked in from an upland source. The applicant also proposes
to construct a 6' x 14' float and a 6' x 36' float onto an
existing dock. Location of project: Foot of Gull Pond Lane,
Greenport, NY fronting Gull Pond.
HENRY SMITH moved to approve the application, subject to the
following:
1. The permittee is to move the crescent shaped northerly
section of the retaining section approximately ten feet (10")
landward so it is placed at the edge of the lawn at the
topographical crest of the bluff and not in the vegetated
Board of Trustees 10 September 27, 1990
wetlands below. There shall be NO injury to high tide bush or
Spartina species in that section.
2. The remaining structure shall be built as per plan of
J.M.O. Consulting.
3. The applicant is to install a drywell(s) for roof
runoff from the storage building, as discussed with Mr. Braider
during on site inspection.
4. Ail unvegetated sections of the beach, except for
twenty feet (20') of the applicant's choice, shall be replanted
with Spartina alterniflora in five foot (5') wide swath
starting at MHW. Plants shall be on 12" centers maximum
spacing. Also, an additional inspection of the revegetation
shall be required with a thirty-five dollar ($35.00) inspection
fee.
JOHN TUTHILL seconded this motion. ALL AYES.
VII. MOORINGS:
APPROVE THE MOORING RENEWALS FOR THE MONTH OF OCTOBER:
ALBERT KRUPSKI made a motion to APPROVE the mooring renewals,
seconded by JOHN BEDNOSKI. ALL AYES.
1. WESLEY TRUSKOWSKI requests a mooring permit for an
outboard in Narrow River. Stake %NR-32 is available.
HENRY SMITH moved to APPROVE the mooring permit, seconded by
JOHN BEDNOSKI. ALL AYES.
2. GEORGE FRIES requests a mooring permit for a 28' inboard in
Gull Pond. This application had been tabled on April 25, 1990.
HENRY SMITH made a motion to APPROVE the mooring permit,
seconded by JOHN BREDEMEYER. ALL AYES.
3. ROBERT BISHOP requests a mooring permit for a 25' inboard
in Gull Pond. Application had been tabled on June 21, 1990.
JOHN BREDEMEYER made a motion to APPROVE the mooring permit,
seconded by JOHN BEDNOSKI. ALL AYES.
4. JOHN KERBS requests a mooring permit for a 30' inboard
auxiliary sail in Gull Pond.
JOHN BREDEMEYER made a motion to APPROVE the mooring permit,
seconded by JOHN BEDNOSKI. ALL AYES.
5. ARMIN URBAN requests a mooring permit for a 22' sail in
any available location in Gull Pond.
Board of Trustees 11 September 27, 1990
HENRY SMITH made a motion to TABLE this application until a
determination can be made that sufficient space is available.
JOHN BEDNOSKI seconded this motion. ALL AYES.
6. PATRICK GUNN requests a mooring permit for a 26' outboard
sail in Gull Pond.
HENRY SMITH moved to TABLE this application, until the Trustees
can determine that sufficient space is available.
JOHN BEDNOSKI seconded the motion. ALL AYES.
7. PETER GRATHWOHL requests an offshore stake mooring permit
for a 20' boat in Goose Creek.
HENRY SMITH made a motion to TABLE the application subject to
the applicant getting permission for access from the property
owner as there is no public access at the location requested.
JOHN BEDNOSKI seconded the motion. ALL AYES.
JOHN BEDNOSKI made a motion to adjourn, seconded by ALBERT
KRUPSKI. ALL AYES.
MEETING ADJOURNED at 8:30 PM
Respectfully submitted,
RECEIVED AND FILED BY,
THE SOUTHOLD TOWN CLERK
DATE ////'~/VD HOUR / } ~ qg ~. I~.
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Town Clerk, Town of ~uthold~