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HomeMy WebLinkAboutTR-04/25/1990 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 SCOTF 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 APRIL 25, 1990 PRESENT WERE: ABSENT: John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr., Trustee John B. Tuthill, Trustee Jill Thorp, Clerk John L. Bednoski, Jr., Trustee Worksession: 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: A motion was made by ALBERT KRUPSKI and seconded by JOHN TUTHILL to approve the minutes of December 21, 1989, January 25, 1990 and February 22, 1990. NEXT TRUSTEE BOARD MEETING: May 24, 1990 - 7 p.m. Worksession - 6 p.m. NEXT FIELD INSPECTION: May 17, 1990 - 10 a.m. MONTHLY REPORT: Trustees' monthly report for March: A check for $4,478.09 forwarded to the Supervisor's Office. II. PUBLIC NOTICES: Public notices are posted on the Town Clerk's Bulletin Board for review. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to recess the regular meeting to go into the public hearings. IV. PUBLIC HEARINGS: Board of Trustees 2 April 25, 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 ~ SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF, 5 MINUTES OR LESS, IF POSSIBLE. JOHlg BREDEMEYER: 7:13 P.M. - In the matter of Gardiners Bay Estates Homeowners Association to construct 115' bulkhead with a 4' wide elevated catwalk; dredge an area approximately 6' seaward of the catwalk to 3' BMLW, removing approximately 40 c.y. of material, which will be disposed at an upland location and retained from reentering the waterway. The project is located on Spring Pond, East Marion. Is there anyone here who wishes to speak on behalf of this application? MR. MATZEN: Anything you want to know about it. JOHN BREDEMEYER: The Trustees have completed a fairly extensive review of the project. It is a bulkhead of a low impact type, which will allow nourishment of wetlands behind it. The applicant has completed a process with the DEC and the Army Corp. We find ourselves in a position now to issue a permit ourselves. Does any member of the Board have any questions? Does the CAC have any comments? ALBERT KRUPSKI: Let me see the file? The bulkhead then is to be right here? This has been so long ago. Is that correct? JOHN BREDEMEYER: This application was left at the fo~m that we conducted a neg. dec. on it and had no problem with it. It is in front of the vegetated wetland line. It is essentially in the same location as what is there. Lets see what we got in the file. ALBERT KRUPSKI: O.K. It is the same. It wouldn't make sense to issue a permit contrary to the DEC permit. MR. MATZEN: The measurements are exactly the same. JOHN BRED~: It is exactly the same as what we had. No change from when we did a neg. dec. It took quite a long time to get the DEC permit. Wasn't that the hold up on this? MR. MATZEN: They lost all our papers after three years of work. That is why it has taken three years. JOHN BREDEMEYER: Is there anyone here who wishes to speak against this application. O.K. There being no comments against the application, I will take a motion to close the hearing. A motion was made by HENRY SMITH and seconded by JOHN BRRDEMEYER to close the public hearing. ALL AYES JOHN BREDEMEYER: 7:15 p.m. - In the matter of the application of En-Consultants in behalf of Antonio Perez/ Ann Branch Williams to construct Board of Trustees 3 April 25, 1990 a one-family dwelling, pool, deck, sanitary system well, bluestone (or similar pervious) driveway. Approximately 500 c.y. of clean fill to be trucked into raise grades. This project is on a ROW off the Main Road, Orient, fronting Long Island Sound. Is there anyone here who wishes to speak on behalf of the application? ROY HAJE: Roy Haje, En-Consultants, on behalf of the applicants - Perez and Williams. I received the March 29th letter from you. Those conditions here are generally acceptable. If you could just give me a little bit more detail. Specifically about item 4. JOHN B~RDEMEYER: Let me read the letter that we sent to you and that way I will bring the Board up to date on this. The Trustees issued a Conditioned Negative Declaration on the above-referenced project. The following conditions are to be met: 1. Create marsh by removing the old road. 2. Proposed drive to have haybales. 3. Place one (1) 18" culvert under driveway. 4. Create a 30' buffer to elevation (6' on survey). 5. Submit a new plan showing the above. ALBERT KRUPSKI: This is by the old Main Road in Orient? JOHN BREDEMEYER: Yes. Up on the north side. The buffer zone, I think, should have been and/or the 6' elevation. I think when we did the field survey, it was felt that the contours were fairly representative of the wetland boundary. We wanted a thirty foot buffer from the 6' contour. I am sorry, that is rather vague. In other words we want thirty feet landward of that. We use the 6' buffer as a general guideline, so you will be talking about half the distance between the 6' contour and the back of the house or front of the house. ROY HAJE: 30' beyond the 6'? JOHN BREDEMEYER: That is correct. Does that create a problem? We want to leave native vegetation there as a filter, if possible. ROY HAJE: What would be the restriction within that area. You could do nothing what so ever? ALBERT KRUPSKI: What would the applicant wish to do there? ROY HAJE: I don't know. Perhaps nothing. ALBERT KRUPSKI: There is no high vegetation that would restrict a view from a house, I don't believe. That is usually what an applicant would wish to do, is get the view. I don't think there is anything besides Grounsel there. JOHN BREDEMEYER: This is Phraymites and then you got Catbrier and wild blackberry. There is briers and a lot of dense over-growth. ALBERT KRUPSKI: That provides and nice natural buffer. I don't... JOHN BREDEMEYER: In the past when the Board has requested this kind of buffer activity to be left natural it is a condition of the standing permit. We have not had a problem with an individual wanting to come in at a subsequent date and put a natural low vegetation planting in where they might use pine bark or wood chips as mulch and want to bring some more desirable indigenous plants in. I don't thing it stands as a Board of Trustees 4 April 25, 1990 prohibition against further activity. If that was the case we would be asking for a restrictive covenant against further activity. ROY HAJE: O.K. That sounds O.K. That was my concern in case they or somebody in the future wanted to replace that with something more desirable and get those briers out of there. JOH~ BREDEMEYER: It is very hard kind of a cover with little feeding value for wild life. It is a good filter, but I think the Board would look at any reasonable kind of a alternate plan. ROY HAJE: O.K. That sounds O.K. then and that would be acceptable. JOHN BREDE~EYER: O.K. Is there anyone else who has any co~u,ents with respect to the application? Mr. Loucka? MR. LOUCKA: Loucka, C.A.C. We looked at this back in December and from what I gather there has been some changes made with this. The original application of what we had in December, the C.A.C. disapproved the... JOHN BREDEMEYER: Right. MR. LOUCKA: As the driveway goes through the fresh water wetlands, we where concerned about the septic system, the height and the nearest to it. I don't know if any of those have been addressed. JOHN BRRDEMEYER: Yes. We reviewed all the items at the last meeting when we issued the conditioned negative dec. The ground water flows in the area are all towards the Sound that are worse. Because of the elevation. Although the surface elevations are such that you would be discharging surface water back to the pond. The base ground water flow is to the north. The pond more then likely, it is ground water flow but it is still going to be away just through the native hydrology there. The Board felt that mitigation measure of removing the old road, which is further to the east, will benefit the pond by making it a little deeper and providing for a natural habitat that would allow possibly for amphibians or other to re-colonize the area where there aren't depths and that.., essentially what we have is a in kind wetland creation by removing that old road. Do you remember the survey? ALBERT KRUPSKI: Plus this area here...that is all sodded isn't it. JOHN BRRDEMEYER: The actual edge, yea. The neighbor is over on this property a little bit so the actual...there is a clump of cattails in the corner here that is going to be involved some what. The road actually, about half of it is sodded lawn from the neighbor. We still wanted...we required a culvert pipe because we are thinking that it may return to native vegetation on that side with recurrent flooding. The hope was to not alter the flow and that imbalance...this was where the existing road terminates and the way we don't cut any additional. That right-of-way will never be built on. It will stay open. ALBERT KRUPSKI: Instead of isolating that you kind of create a larger area. JOHN BREDEMEYER: Those basically those are the issues that we looked at when we discussed the condition of the way. O.K. the survey date, now we had issued those stipulations on the Board of Trustees 5 April 25, 1990 conditioned negative declaration. We will need a survey confirming that before the office could issue a permit if it is favorably voted on. That was another condition. ROY HAJE: Showing the four items... JOHlq BREDEMEYER: Yea, as listed in the co~,uunication. Since it seems agreeable with your client. Is there anyone here who wishes to speak additionally on this application. O.K. There being no comments, it is now 7:24, I will take a motion to close the hearing. A motion was made by ALBERT KRUPSKI and seconded by JOHN TU~4ILL to close the public hearing. ALL AYES. JOHN BREDEMEYER: Next application is in the matter of the application of En-Consultants in behalf of Erika Swimmer, revised plan of April 9, 1990, to construct a single family dwelling, sanitary system, (revised location) with re~aining wall, well and bluestone (or similar) driveway. Approximately 300 c.y. of fill to be trucked into raise grade. This project is located on Orchard Lane, Southold. Sandpiper Basin. Is there anyone here who wishes to speak on behalf of this application? ROY HAJE: For the applicant, Roy Haje. I will just direct your attention to a late amendment to that. The revision was sent to you April 16, 1990 you have correctly identified the latest revision and that is dated 4-9-90 on the survey. The one you are looking at is the current one. The yardage needed to fill according to that April 16th letter of mine is now 800 c.y. We have re-worked the proposal to satisfy the concerns of the D.E.C. primarily in shifting things over down into that corner as much as possible. Also, we have to take into account, the present surrounding wells when siting our cesspools. That again has necessitated the layout that you see here. JOHN BRR~EMEYER: Was the change in fill largely a result of the new plan? ROY HAJE: Exactly. ALBERT KRUPSKI: And that fill will be contained in that area, there is like a semi circle drawn around the project, that fill is going to be contained in that area? Maybe you could come up and I can show you exactly what I mean. JOH/q BREDEMEYER: So with the information of the C.A.C. members they moved the sanitary away from the marsh, where it was previously located. MR. LOUCKA: Yes. It was over here and now it is over here. MR. HOLZAPFEL: Is it elevated above the land now? JOHN BREDEMEYER: It would be...I guess it is going to be 2' above ground water. The sanitary system base elevation is 3.2' and its base elevation is similar to that of the existing grade. It is with a retaining wall. The County Health Department had no objection to our taking Lead Agency. I take this to mean that if there was serious problems they would have communicated that they had a problem with their retaining wall structure. They gave us key indication on lets say the Connors job where a retaining wall wasn't going to work, they didn't hesitate to co~,~,unicate to us that they had practical Board of Trustees 6 April 25, 1990 difficulties. They didn't indicate that here in their lead agency communication. MR. LOUCKA: All that fill is going in here then? ALBERT KRUPSKI: Probably most of it would be on the retaining wall now? ROY HAJE: In that area it will be behind the retaining wall in that area. JOH~ BREDEMEYER: We still have a practical problem although we might...if we differed lead agency to the County Health Department. They won't issue a permit until after the Trustees have issued a permit. It is a catch 22 situation. Now we try to rely on comments coming back on them. A1 sends them a letter based on the Boards initial review and environmental assement and then hopefully we get co~m,ents back from either the engineering section or the office of ecology keying in as to what they are looking for so we can continue to process. MR. LOUCKA: We had one other question. Where the house was staked, we get a different measurement to the... ALBERT KRUPSKI: We also get different then that also. As far as this measurement goes we wouldn't have jurisdiction. JOHlq HOLZALPFEL: (Changed tape-in audible) ROY HAJE: Above what? JOHN HOLZALPFEL: The water table and on the contour line. ROY HAJE: Two feet. JOHN HOLZALPFEL: Where do they rest, on the bottom of the cesspools? JOHN BREDEMEYER: The bottom of the cesspools are at grade. ROY HAJE: They would be approximately 3-2. JOHN HOLZAPFEL: O.K. 3' above the water line. JOHN BREDEMEYER: 3 and 2 is the actually grade but water level is approximately a foot higher as a foot above sea level grade at that point because you still flow fresh water out into the creek. JOHN HOLZAPFEL: I will just make the co~,ent that I have argued about this before and I think that this is just a dangerous precedence and obviously it is a flood zone. In a big storm you are going to have the cesspool right in the water. When you have it that close to the ground water and that close to the level of the bay, it is a dangerous precedence. I am just mentioning it to you. JOHN BREDEMEYER: I know what you are saying. From the hydrological stand point you have an interesting point. I mean U.S. public health service would have us have the bottom of any sanitary system try to have it four feet above grade and we know from studies that you have better nitrogen removal. The higher you can get...you know the more unsaturated and more oxygen you can get there the better nitrogen removal you are going to have. As a practical matter, these systems although they have some faults had been, I guess, initiated at the County level back in the early sixties or seventies to try to acco~m,odate as much as possible; public health concerns and environmental concerns and there is nothing perfect about them. The alternatives are a composting type of a toilet and it seems at Board of Trustees 7 April 25, 1990 the County level and the State DEC level they have not fully embraced that this is the way to go. JOHN TUTHILL: Is this a County regulation then, this two feet? JOHN BREDEMEYER: Two feet above ground water regulation for special five pool sanitary systems to provide a sufficient capacity, but sufficient treatment during regular functioning so that you don't have direct discharge of sanitary waste into the ground water. ALBERT KRUPSKI: And yet the County hasn't stamped this yet. They might alter this. JOHN BREDEMEYER: It is extremely unlikely. ROY HAJE: There is really no other alternative. JOHN BREDEMEYER: There is no alternative given. They don't approve of leaching fields. Everybody has there own idea of what is appropriate, you know, I mean some people feel, you know the hire you go, the better treatment you have. It is just not an option. This is the only option. It is a question of whether or not they meet the requirements of the retaining walls. If it meets the engineer inspect. That is pretty much cut and dry at this point. JOHN HOLZAPFEL: Just to add..for my own thing, you know that is at the very end and there is hardly any flushing down at that end at all. JOHN BREDEMEYER: Fortunately, with clean sand and gravel the coliform penetration usually isn't more then several feet beyond the limits of the system from all the studies that have been preformed. Obviously, under hydrologic loading, sure. I think that is why you see the DEC now has special rain fall events where if you have a three or four inch rain fall they will close all areas to shellfishing. Any further corf~¢,ents? JOHN TUTHILL: It seems to me that if this is a County regulation that this is what you go by, isn't it? JOHN BREDEMEYER: Yea, we have no control. We can handle the wetland aspects from our side. If the Board feels strongly about the current level of sewage treatment and they have feelings and they want to transmit sometime and have further discussion, that is fine. But as far as the application before us, we can't really do anything with this now. Any other comments before us either in favor or against this application? There being none, I will take motion to close the hearing. A motion was made by HENRY SMITH and seconded by JOHN TUTHILL to close the hearing. JOHN BREDEMEYER: The next application is in the matter of the application of Proper-T Services in behalf of Agnes M. Dunn to demolish existing house and construct a new house and regrade property which is located on s/e corner of Queen street and CR 48, Greenport. Is there anyone here who wishes to speak on behalf the application? JIM FITZGERALD: Jim Fitzgerald of Proper-T Services for Mrs. Dunn, if there are any questions. JOHN BREDEMEYER: The C.A.C. was hoping to have the house a little further from wetlands. I don't think the Trustees, in Board of Trustees 8 April 25, 1990 field inspection, saw a problem. It was all maintained a long there when we where out there. Does anyone have any thoughts? ALBERT KRUPSKI: I would like to see the grading plan but as far as we saw it was all maintained area. If you had the house ten feet either way it wouldn't make a bit of difference as far as effecting the wetland back there at all. MR. LOUCKA: That culvert on the highway that goes through there, I have not been there when we have had a lot of rain. I don't know how much that backs up. MR. BREDEMEYER: It does back up on occasion quite well because we did have a lot of water on that lot down away from that. ALBERT KRUPSKI: ...those slopes. JOHN BREDEM~YER: Corner elevations? ALBERT KRUPSKI: No. JOH/q BREDEMEYER: It wasn't bad. It is served by public water and public sewage. MR. LOUCKA: That is the good thing about it. JOHN BREDEMEYER: That is the only saving feature on it. If this was...you would have no sewage treatment there without a retaining wall for sure, if it had to go to private sewage disposal. I think the applicant is trying to maintain a set back off both streets. MR. LOUCKA: I can see off the highway, but Queen Street they could maybe bring it back a little bit. It doesn't go any where other then the camp grounds. ALBERT KRUPSKI: We thought about that. I don't know if that,you know what that would serve there. HENRY SMITH: I don't have a problem with the way it is an application unit. ALBERT KRUPSKI: I am thinking about un-vegetated buffers or... MR. LOUCKA: The lawn... ALBERT KRUPSKI: Yea, the lawn just to get to the dump and then it is swamp. JOHN B~RDEMEYER: Does anyone else wish to speak on this application? For or against? O.K. There being no co~u~,ent, I will take a motion to... HENRY SMITH: I make a motion to close the hearing on Agnes M. Dunn. ALBERT KRUPSKI: Second. ALL AYES. JOHN Bredemeyer: The time is now 7:37. The next hearing is in the matter of the application of Gail Schlegel to reconstruct existing single family dwelling and expand to 35' X 41' envelope with attached 12' X 24' timber deck and 6' X 12' stairway; solid fill pier and boat ramp. That is an existing solid fill pier. Is there anyone who wishes to speak on behalf of the application? CHUCK BOWMAN: Chuck Bowman, Land Use for Gail Schlegel. I think we are all aware of the present condition of this property. We have kind of looked at this as a water front improvement project. Hopefully the Board views it the same way. ALBERT KRUPSKI: Not if you like concrete. Board of Trustees 9 April 25, 1990 CHUCK BOWMAN: That is for sure. I think, importantly, we are reducing the amount of lot coverage of impervious surface that is there from 55% down to a no£mal 20%. Again, if there are any questions, I will be happy to answer them. ALBERT KRUPSKI: Just one question. Can the client provide for dry wells from the roof? CHUCK BOWMAN: They certainly can. That is no problem. JOPIN BREDEMEYER: This plan didn't change in form since we originally had it, right? CHUCK BOWMAN: Right. JO~tN BREDEMEYER: Where do you stand with the DEC permit? CHUCK BOWMAN: DEC, as you know, has not been doing inspection out here just recently, but it is due to be inspected next week. I have gone over the plan in the office with Chuck Hamilton. They don't see any problem with it either. JOH~ BREDEMEYER: So, they had no problem continuing the existing filled pier. CHUCK BOWMAN: Well, just the area. JOHlq BREDEMEYER: Just what is existing. No problem, I was just curious if they had voiced any concern. Any one else, any comment? C.A.C.? MR. LOUCKA: The C.A.C. has no objection to it. Our only concern was on possible future runoff to be contained. Anything that is done there is a great improvement. CHUCK BOWMAN: I think the runoff, also once we rip up all the concrete and plant the vegetation, will basically take care of itself. We will be more then happy to put in dry wells for any roof runoff. JOHN BREDEMEYER: O.K. Any more questions, comments? There being no further comments... HENRY SMITH: I make a motion that we close the hearing of Gail $chlegel. ALBERT KRUPSKI: Second. ALL AYES. JOHN BREDEMEYER: The next hearing is in the matter of Edward Deutsch to construct 215 1.f. of timber retaining wall at or above the line of M~W. Backfill with 15+ c.y. of clean sand and loam to be trucked in. Wall will be built only along side where shoreline is receding; construct a 4' X 16' hinged ramp secured to crest of bank by (2) 4' posts; and a 6' X 20' float secured by (2) 8" diameter pilings. ALBERT KRUPSKI: That float is around the corner from the retaining wall? Correct? ROY HAJE: Correct. It is in side on the basin. ALBERT KRUPSKI: So this hasn't changed since we got the original application? ROY HAJE: No. JOHlq BPRDEMEYER: Is there anyone here who wish to speak with respect to this application? In favor of it. ROY HAJE: Roy Haje for the applicant, Edward Deutsch. We have discussed this in the past meetings. I don't know if I could add anything. If you have any questions, I will try to answer them for you. Board of Trustees 10 April 25, 1990 JOHN BREDEMEYER: Board members? MEMBERS: No JOHN BREDEMEYER: I don't think we have any questions. I don't know. Does the C.A.C. have any questions? I know you had some mixed feelings on the project. I think the Trustees did too, but we could never quite... MR. LOUCKA: Our only concern is the bulkheading. Is it a bulkhead or is it a retaining wall? We feel maybe it is more of a bulkhead then a retaining wall when the tide comes up there. Is it really needed. How much has been lost by... you know what is the need for it. ALBERT KRUPSKI: I am usually against retaining walls even when they are not called bulkheads. This one I could see that there was sort of a need there and that it is up far enough so that it isn't a bulkhead. And just because there is no vegetation...and they are only two where there is vegetation. Maybe we can put something in that the applicant can try and vegetate in front there. You know, take ...from there own property. I don't know what kind of wave action is present there. ROY HAJE: I think what would happen is that they probably would get washed out because you get a pretty good wave action that comes right in the basin which is what is causing the erosion. I think if they could have taken and would have by spreading from the point. I think the point is probably the furthest that the vegetation can extend. The waves get dampened and...in there. JOHN BREDEMEYER: Was there any consideration to a revetment at all there? Or is it impractical? ROY HAJE: A revetment I don't think is the best thing there because it is very close. It is a narrow little canal which they do periodically dredge. I think the possibility of revetment on ravelling getting into the channel, is a real one. JOHN BREDEMEYER: I could agree with that. ALBERT KRUPSKI: I would think so, yea. JOHN BBRDEMEYER: Any comments against this project? There being HENRY SMITH: I make the motion to close this hearing on Edward Deutsch. ALBERT KRUPSKI: Second. ALL AYES. JOHN BREDEMEYER: Motion with respect to these permits. Do you want to take that now? HENRY SMITH: I make a motion that we approve Gardiners Bay Estates Home Owners Association to construct there bulkhead as per application. JOHN BR~EMEYER: I'll second that. ALL AYES: JOHN BREDEMEYER: In the matter of the application of Antonio Perez/Williams, do I here a motion? HENRY SMITH: I will make a motion to approve. JOHN TUTHILL: Second. ALL AYES. Board of Trustees 11 April 25, 1990 JOHN BREDEMEYER: O.K. We have a motion made and seconded. For a point of discussion we wish to include the requirement that the permit shall not be issued until we have a drawing in confozmance with our letter. If that is acceptable, I would request that that be added on. BOARD: All AYES. JOHN BREDEMEYER: A motion made and seconded to be amended to include the requirements as set forth in a letter (March 1990) on a drawing. Vote of the Board? ALL AYES: JOHN BREDEMEYER: The next application of En-Consultants in behalf of Erika Swimmer, with referenced to the revised plan, first we will need to take a vote of the Board to amend the application to change the amount of fill. ALBERT KRUPSKI: I make a motion to amend the application. JOHN TUTHILL: Second. HENRY SMITH: Eight hundred cubic yards? ALBERT KRUPSKI: That is right. HENRY SMITH: Your making the motion to amend it to 800' c.y. JOHN BREDEMEYER: Yes, as per the survey and attached letter. HENRY SMITH: O.K. ALL AYES JOHN BREDEMEYER: Now a vote in the matter of the permit application on the same application - Erika swimmer. HENRY SMITH: I will make that motion. JOHN TUTHILL: Second. ALL AYES. JOHN BREDEMEYER: The next application of Agnes M. Dunn to demolish existing house and construct a new house at property in Greenport. ALBERT KRUPSKI: I make a motion to approve the application. JOHN TUTHILL: Second. ALL AYES. JOHN BRRDEMEYER: Next application in the matter of Gail Schlegel to reconstruct an existing single family home expanded 35' with repairs to timber deck and stair, solid filled pier and boat ramp. ALBERT KRUPSKI: I will make a motion to... on the application with the condition that there be dry wells and gutters to take care of the roof runoff. HENRY SMITH: I'll seconded. ALL AYES. JOHN BREDEMEYER: With respect to the application of Edward Deutsch to construct timber retaining wall or bulkhead as it may soon become and to construct a ramp and float on property in Southold. HENRY SMITH: I will make that motion to approve Edward Deutsch. ALBERT KRUPSKI: Second. ALL AYES. Board of Trustees 12 April 25, 1990 JOHN BREDEMEYER: O.K. A motion to resume the regular meeting? HENRY SMITH: So moved. ALBERT KRUPSKI: Second. ALL AYES. JOHN BREDEMEYER: AMENDMENTS/WAIVERS/CHANGES: 1. Vel~ko Krstulovic- Request extension on Permit #457 issued October 15, 1987 as amended to construct in kind and in place 174' of timber bulkhead and returns and to backfill with approximately 70 c.y. of clean sand to be trucked in from an upland source. South Drive, Mattituck. Mattituck Creek. After review of the file and seeing that the original permit was issued February 24, 1988, a motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to approve the request for an extension for one year from February 24, 1990 to February 24, 1991. 2. Paul Dinizio- Request for a waiver to fill 200 feet of land owned by Flint Street Corp. Located at Rt 25, Greenport. After discussion with the applicant, it was determined that the applicant submit a full application to the Board. Paul Dininzio(applicant) publicly withdrew his request for a waiver and the $35.00 fee will be put towards the wetland permit fee. 3. William Mercurio- Request to amend permit %1730 to extend the length of the floating dock to add 5' X 14'. Property located at Bay Avenue, Mattituck. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to amend the permit for William Mercurio. 4. Richard Wright in behalf of Mr. & Mrs. Keegan - to request a waiver to construct a deck and a screened in porch and repair the existing deck. Property located 100 Beachwood Avenue, Southold. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to grant a waiver for the project of Mr. & Mrs. Keegan. JOHN BREDEMEYER: MOORINGS. Item %5, page 3. 1. JOSEPH HYDELL request a mooring in Goose Bay A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to approve the request to place a mooring in front of his house on Goose Bay. ALL AYES. 2. RUTH WELLS- Request for a mooring in James Creek. A motion was made by ALBERT KRUPSKI and seconded by JOHN BREDEMEYER to table this application until a map of James Creek can be formulated. ALL AYES. 3. PHILIP J. VAN BOURGONDIEN- Request for a mooring in Town Creek. Board of Trustees 13 April 25, 1990 A motion was made by HENRY SMITH and seconded by JOH~ BPRDEMEYER to approve the request to place a mooring in front of applicants house. ALL AYES. 4. EDWIN LATSON- Request for a mooring in Town Creek. A motion was made by JOHN BREDEMEYER and seconded by ALBERT KRUPSKI to approve this application. ALL AYES. 5. JOSEPH WYSOCKI- Request for a mooring in Hallock's Bay to place a pot to keep horseshoe crabs, which shall be used for conch pots. A motion was made by Ar.BERT KRUPSKI and seconded by HENRY SMITH to approve this application to be charged for the length of the pot as if it was a rowboat. (16'). ALL AYES. 6. Robert Deroski- Request for mooring in Narrow River. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to approve this application subject to doing a survey of the creek and Mr. Deroski giving up one mooring that he has inanother creek. ALL AYES. 7. GEORGE FRIES - Request for mooring in Gull Pond. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to table this application until after a survey can be done. ALL AYES. VI. COMMUNICATIONS: NONE. VII LEAD AGENCY: bulkhead front of mean low and used 3/26/90. 1. Richard Zeidler- To construct 90 linear feet of timber bulkhead extending northward from straight section of existing fronting Brush's Creek. Dredge an area of 30' X 40' in portion of proposed bulkhead to maximum depth 4' below water. Approximately 45 c.y. of spoil will be removed to backfill bulkhead for the bulkhead. Survey dated A motion was made by JOHN TUTHILL and seconded by ALBERT KRUPSKI to take lead agency. ALL AYES. 2. J.M.O. Consulting in behalf of William Riley to construct approx. 145' of timber bulkhead and to backfill structure with approx. 20 c.y. of clean sand which shall be trucked in from an upland source. A motion was made by JOHN BREDEMEYER and seconded by ALBERT KRUPSKI to take lead agency and request the clerk to send a copy of the recent correspondence to the Bay Constable. ALL AYES. Board of Trustees 14 April 25, 1990 VIII. ASSESSMENTS/ENVIRONMEnTAL DECLARATIONS: 1. Martin Kosmynka- to construct timber dock consisting of a 4' X 40' fixed elevated (4' above grade) walk; 3' X 15' hinged ramp; (2) 6' X 16' floats secured by (4) 8" diameter pilings. IN ADDITION, applicant intends to construct a one-family dwelling, deck, sanitary system bluestone driveway, 150+ of fill, all as shown on attached site plan. As this work appears to be more than 75' from wetland, a letter of non-jurisdiction is requested for this part of the project. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to declare a negative declaration. ALL AYES. 2. Frank Vermaelen- To construct a single family dwelling and sanitary system on a 40,000. s.f. lot. Location of project is Bay Avenue, Mattituck. Board to declare negative declaration effective February 22, 1990. A motion was made by JO~N BREDEMEYER and seconded by ALBERT KRUPSKI to declare a negative declaration. ALL AYES. ~. Larry Tuthill in behalf of Carl E. Vail, Sr. to construct bulkhead behind existing rock revetment and fence on property located on Wells Road, Southold, on Jockey Creek. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to declare a negative declaration subject to a licensed survey, showing elevations, contours, all structures and proposed structure. Just to mention that from the worksession, that the removal of the pipe will be a condition of the approval. ALL AYES 4. Land Use Company in behalf of Constantine P. Geor~iopoulos to construct a single family dwelling, sanitary system, fill and driveway adjacent to Freshwater Wetland Area. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to declare a negative declaration. ALL AYES. 5. James Malone¥- to construct a floating dock. 4' wide stationary dock and ramp, 6' wide floating dock with a total of 80' Request for a mooring in Deep Hole Creek until the dock is built. Property located on Bungalow Lane, Mattituck. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to declare a negative declaration. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to approve a mooring for one year. ALL AYES. 6. J.M.O. Consulting on behalf of Harbor Lights Canal Association to maintenance dredge a dredged canal to a depth of -4' at MLW. Resultant spoil (approx. 4,000. c.y. of sand) 'Board of Trustees 15 April 25, 1990 shall be placed on adjacent beach above MAvW for beach nourishment. Harbor Lights Cove - off Southold Bay Harbor Lights Drive, Southold. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to declare a negative declaration. ALL AYES. 7. Clifford Cornell on behalf of C & D Realty to construct a single family dwelling on Mattituck Creek. Cox Neck Road, Mattituck. A motion was made by HENRY SMITH and seconded by ALBERT KRUPSKI to declare a negative declaration. ALL AYES. IX. RESOLUTIONS: 1. Formal resolution to schedule public hearings for May. A motion was made by ALBERT KRUPSKI and seconded by JOHN BREDEMEYER to set the following public hearings for May 24, 1990. Martin Kosmynka, Constantine P. Georgiopoulos, James Maloney, Harbor Lights Canal Association, C & D Realty and if the Board receives a licensed survey on Carl Vail in time to advertise. ALL AYES. X. GRANDFATHER: 1. L & M Hiqgins- Request for a grandfather permit and an Ice Permit to rebuild the dock in kind/in place on Deep Hole Creek damaged by the ice. Property on Lupton Pt. Road, Mattituck. There was no need for a grandfather permit because a file was found with a pe£mit in it. A motion was made by ALBERT KRUPSKI and seconded by HENRY SMITH to grant an Ice Permit to rebuild a 35' X 4' fixed elevated dock. ALL AYES. XI. MISCELLANEOUS: 1. James M. Murray- Request for an Ice Permit to rebuild dock in kind/in place on Brushes Creek. Property located on Peconic Bay Blvd., Laurel. A motion was made by ALBERT KRUPSKI and seconded by JOH~ BREDEMEYER to grant an Ice Permit to rebuild dock. ALL AYES. At 9:00 p.m. a motion was made by HENRY SMITH and seconded by ALBERT Ki{UPSKI to adjourn the meeting. ALL AYES. Respectfully submitted, ill M. Thorp, Clerk