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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~. - ~ Town Clerk, Town of ~uthold~