HomeMy WebLinkAboutTR-05/25/1995A,
Albert J. Krupski, President
John Holzapfel, Vice President
William G..adbertson
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
PRESENT WERE:
MINUTES
MAY 25, 1995
Albert J. Krupski, Jr.,President
John Holzapfel, Vice-president
William G. Albertson, Member
Martin H. Garrell, Member
Peter Wenczel, Member
Jill M. Doherty, Clerk
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: Thursday, June 29, 1995 at 7 pm
WORKSESSION: 6:00 pm
NEXT FIELD INSPECTION: Wednesday, June 21, 1995 at 12 noon
APPROVE MINUTES: Approve minutes of the April 25 and April 27,
1995 Regular Meetings.
I. MONTHLY REPORT: Trustees monthly report for April 1995:
A check for $2,153.41 was forwarded to the Supervisor's Office
for the General Fund.
II. PUBLIC NOTICES: Public Notices are posted on the Town
Clerk's Bulletin Board for review.
III. AMENDMENTS/WAIVERS/CHANGES:
1. FRANK CADEDDU request an amendment to Permit #4343 to
install a 3' X 5' cantlilever platform with a 12' ramp to a
floating dock which is already in place. Located 1380 Wiggins
Lane, East Marion. SCTM 35-5-23.
On a motion made by TRUSTEE GARRELL
and seconded by TRUSTEE ALBERTSON an amendment was granted. ALL
AYES.
Board of Trustees 2 May 25, 1995
and seconded by TRUSTEE ALBERTSON an amendment was granted. ALL
AYES.
2. Paul Caminiti on behalf of ALFRED NADEL request an
amendment to permit ~649 to add a 25' X 10' +/- brick patio
behind bulkhead as per survey dated May 1, 1995. Located
Robinson Road at Bayview, Southold. SCTM 81-1-8.
On a motion made by TRUSTEE WENCZEL and seconded by TRUSTEE
HOLZAPFEL an amendment was granted. ALL AYES.
3. Donald G. Feiler on behalf of JOSEPH MARRAPPODI request a
waiver to add a 24 X 32 addition to existing dwelling and add a
7" X 18' addition to the deck. All work at least 65' from
bulkhead. Located Stillwater Ave., Cutchogue. SCTM 137-1-9.
On a motion made by TRUSTEE KRUPSKI and seconded by TRUSTEE
ALBERTSON a waiver was granted with the request of haybales
being placed during construction. ALL AYES.
4. OLD COVE YACHT CLUB request an amendment to permit #4327
to repair/replace the dock to its original length of 210 feet.
Located Old Harbor Road, Cutchogue. SCTM 117-5-13...
After discussion and'proof of application submitted to DEC prior
to the dock becoming disfunctional a motion was made by TRUSTEE
KRUPSKI and seconded by TRUSTEE ALBERTSON to grant the
amendment. ALL AYES.
5. CHRISTINE AND EDWARD VIOLA request a waiver to add a 10'
X 16' extension to the existing deck and relocate a 4' X 8' dock
house as per DEC request. Located 2850 Deep Hole Drive,
Mattituck. SCTM 123-4-13.
A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTEE
HOLZAPFEL to grant a waiver. ALL AYES.
6. Edward Sawicki on behalf of SUSAN NORRIS request an
amendment to permit #4438 to leave concrete rip rap that was
placed at the western end of property. Located New Suffolk
Ave., Mattituck. SCTM 123-9-1.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to grant 'a waiver. ALL AYES.
7. John Bertani on behalf of RICHARD MAUTNER request an
amendment to permit #4193 to construct a 20' X 35' deck addition
as per survey dated May 12, 1994. Located Bayshore Road,
Arshamomaque. SCTM 53-4-12.
A motion was made to table application to inspect. ALL AYES.
A motion was made by TRUSTEE HOLZAPFEL and seconded by Trustee
Albertson to go off the regular meeting and go on to public
hearings.
II. PUBLIC HEARING
· ' Board of Trustees 3 May 25, 1995
7:25 P.M. - In the matter of ALEXANDER HARVEY, II requests a
Wetland Permit to regrade top of bluff in approx. 900 s.f. area
to create more stable slope angle, install erosion control mat,
seed & plant to re-vegetate area, underpinning approx. 24 1.f.
of existing foundation at corner of house, install drain line to
redirect existing roof runoff to land side of house. Located:
off East End Road, Fishers Island. $CTM ~11-1-12
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak either
in favor or against this application? For the Boards
information, John and I took a look at it. It is an interesting
project. It is about as high energy beach as you can find. We
wish them luck.
TRUSTEE GARRELL: This is a soft solution?
TRUSTEE HOLZAPFEL: Yes. You where there Marty.
TRUSTEE GARRELL:Yes, the one with the big boulders.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing?
TRUSTEE WENCZEL: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I will make a motion that we approve the
application of Alexander Harvey, II.
TRUSTEE GARRELL: Second. ALL AYES.
7:26 P.M. - In the matter of Philip J. Cardinale on behalf of
RONALD VAN HEERTON requests a Wetland Permit to clear land of
underbrush and re-vegetate area from the 6' elevated contour to
the 10' elevation contour with native non-fertilized, salt
tolerant species, as per DEC recommendation dated 3/2/95.
Located: Wolf Pit Pond Estates, Mattituck. SCTM 9107-4-2.12
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor or against this application? Does the Board have any
comment?
TRUSTEE WENCZEL: How soon is this going to be done?
TRUSTEE KRUPSKI: Hopefully it has been done.
TRUSTEE WENCZEL: Is it taking?
TRUSTEE KRUPSKI: It should. It has been ideal.
TRUSTEE WENCZEL: O.K.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I make a motion that we approve the
application of Ronald Van Heerton~TRUSTEE GARRELL: Second. ALL
AYES.
7:28 P.M. - In the matter of En-Consultants Inc., on behalf of
JOHN XIKIS requests a Wetland & Coastal Erosion Permit to
construct a 10' X 200+' wood walk between existing gabion wall &
timber retaining wall. Located 44485 North Road, Southold.
SCTM #44-1-13
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
ROB HERMAN: Rob Herman, En-Consultants on behalf of Mr. Xikis.
As we discussed at the last meeting, it is going to be wood deck
not walk.
TRUSTEE KRUPSKI: Did he repair that bulkhead yet?
Board of Trustees 4 May 25, 1995
ROB HERMAN: I am not sure.
STEVE ANGEL: It looks repaired, Ne sand.
TRUSTEE KRUPSKI: It was pretty well bellied out after the storm.
Is there anyone else here who would like to speak in favor or
against the application?
STEVE ANGEL: The CAC recommends that you disapprove the
application, it is not in keeping with a non-vegetated buffer.
We think that should plant it or put rocks in there. This is a
deck, it is not a walkway.
TRUSTEE KRUPSKI: I think the problem here is what happened after
the last storm. The next storm is going to be the same thing. It
is just going to overtop that, scour that out. I think they are
looking for protection behind that.
STEVE ANGEL: That is 2000' of decking on the beach.
ROB HERMAN: It is landward of an existing wall, in between two
existing walls. As I discussed last time there is the eliminate
of convenience and d~cor in the walk, but the alternative you
saw before the stone that was but down there was completely
wiped out. Using this would be convenient for them and also help
prevent some of that scouring. If you put vegetation their it is
going to be wiped out again.
TRUSTEE KRUPSKI: I tend to agree with that. I don't think it
would last.
STEVE ANGEL: You are allowing a deck right behind a bulkhead. It
sets a precedent in town that people can put a structure right
behind a bulkhead and we are trying to stop runoff and trying to
stop things from going into the Sound and then you are allowing
a 200 s.f. deck behind a bulkhead. I don't see how you can turn
down anybody else in town down.
TRUSTEE KRUPSKI: We can, it is such unusual problem area.
Unless the board has any other, this is my opinion, I would like
to see 1" spacing so it would not get any runoff. It would
handle any runoff. It is a problem there, I don't know what they
would put there.
STEVE ANGLE: How about a taller bulkhead?
TRUSTEE KRUPSKI: How tall is tall enough.
TRUSTEE HOLZAPFEL: Then you have your neighbors on each side.
You can build what ever you want in front, but the sides aren't
protected.
TRUSTEE KRUPSKI: Any other comment? A motion to close the
hearing?
TRUSTEE GARRELL: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I'll make a motion to approve the application
on John Xikis for a wetland and coastal erosion permit.
TRUSTEE ALBERTSON: Second. ALL AYES.
* The following 5 public hearings are Storm Damage Permits and
will be held together.
'7:18 P.M. In the matter of Stanley F. Skrezec on behalf of
BENJAMIN THORN request a storm damage permit to install rock
seawall along beach front. Approx. 5' high to cover all 75' of
' Board of Trustees 5 May 25, 1995
property. Use filter cloth, clean sand, fill to replace eroded
bank. Located Rt. 48, Southold. SCTM #44-1-21.
'7:19 P.M. - In the matter of En-Consultants Inc., on behalf of
BERYL WILCOX requests a Wetland & Coastal Erosion Permit to
construct 103 1.f. of stone revetment against bluff and backfill
with 100+ c.y. clean sand to be trucked in from upland source, &
construct a 4' X 35' timber walkway to stairs for pedestrian
access over revetment. Located: 56305 North Road, Southold.
SCTM #44-1-23
*7:20 P.M. In the matter of En-Consultants Inc., on behalf of
JOHN SCHLECHT requests a Wetland & Coastal Erosion Permit to
construct 110 1.f. of stone revetment against eroded bluff &
backfill with 100+ c.y. of clean sand to be trucked in from
upland source, construct a 4' X 35' fixed walk and a stairway
over revetment for pedestrian access. Located: 56425 North
Road, Southold. SCTM #44-1-24
'7:21 P.M. In the matter of En-Consultants Inc., on behalf of
MARIANNE CLARKE request a Wetland & Coastal Erosion Permit to
construct 103 1.f. of stone revetment against eroded bank and
backfill with 75+ c.¥. of clean sand to be trucked in from
upland source. Construct a 4' X 35' fixed walk to stairway for
pedestrian access over revetment, & remove existing damaged
deck. Located 56525 North Sea Road, Southold. SCTM %44-1-25
*7:22 P.M. - In the matter of En-Consultants on behalf of
FRANK PASSARO request a Wetland Permit and Coastal Erosion
Permit to construct 102+/- 1.f. of stone revetment against
eroded bank and backfill with 75+/- c.y. of clean sand to be
trucked ih from upland source. Construct a 4' X 35' fixed walk
and stairway for pedestrian access over revetment. This project
will be undertaken with Clarke, Schlecht, and Wilcox. Located
56655 North Road, Southold. SCTM #44-1-26.
TRUSTEE KRUPSKI:
These projects are all in a line on the sound. They where
extremely hard hit. I believe the construction will be similar
on the. five properties.
Is there anyone here who would like to speak in favor of the
applications.
ROB HERMAN: Rob Herman from En-Consultants on behalf of Beryl
Wilcox, John Schlecht, Marianne Clarke and Frank Passaro.
Last month you granted a permit for Citardi who I believe is
between Thorn and Wilcox. We are going to have six in a row.
I am here to answer any questions. I know the Board is really
familiar with them.
TRUSTEE KRUPSKI: Is there anyone else here to speak for or
against these applications?
' Board of Trustees 6 May 25, 1995
STEVE ANGLE: The CAC recommends approval but we requested that
the area behind the revetments be planted with a non-turf
buffer. We think that would very beneficial to the property
owners.
TRUSTEE KRUPSKI: That is true. We could not see that more
dramatically then we saw in Orient. An applicant had a lawn
planted right to the sound. It eroded away severely. His
neighbors to either side were not eroded, because they had heavy
vegetation. We will take the CAC recommendations on that. Any
other comment. Do I have a motion to close the hearings?
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I will make a motion that we will approve the
applications of the Benjamin Thorn, Beryl Wilcox, John
Schlecht, Marianne Clarke, Frank Passaro with the addition
that there will be a non-turf vegetated buffer behind the
structures.
TRUSTEE ALBERTSON: Second. ALL AYES.
7:40 P.M. - In the matter of ROBERT SIMON requests a Wetland
Permit to construct a 23' X 32' garage on westerly portion of
property with an access bridge across wetland area approx. 10'
wide X 50' long raised 8' above wetland area supported by
concrete piers on each end. Located: 379 Wood Lane, Peconic.
SCTM ~86-6-3.1
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
ROBERT SIMON: I would like to offer you an artist conception of
what it would be like. To further describe it, that is a
panpramic photo taken from the high water mark looking in.
Where the bridge would be, I am standing way back here. It is
200 feet back from the high water mark. The rest I think is self
explanatory. I have looked into other ways to try and use the
property. I have not found a viable way. It is zoned for a
garage on the other side and there is space for it or an
accessory building of some type according to town zoning. The
problem is access.
TRUSTEE KRUPSKI: I have your survey with the garage on it. How
many feet is the garage from the end of the bridge.
ROBERT SIMON: Approximately 30.
TRUSTEE KRUPSKI: I was just on the site again yesterday and it
seems that the bridge starts right, the abutments will be
landward of the wetland area.
ROBERT SIMON: It is about a 2 1/2 foot rise from the grass to
the edge of the abutments.
The abutments would be approx. 4' and the bridge on top of the
abutments.
TRUSTEE KRUPSKI: It is a Pre-fab. bridge. It comes in one
section.
TRUSTEE WENCZEL: What is it made of.
ROBERT SIMON: It is ...steel. It is the same rusting material
that they use in the road ways. It doesn't have to be painted.
TRUSTEE GARRELL: What about fire department access.
' Board of Trustees 7 May 25, 1995
ROBERT SIMON: It is less that 100' total to the garage. I have
to the Jericho Volunteer Fire Department, you can stretch a
hose that far. One length of hose off a truck is 100'
TRUSTEE HOLZAPFEL: It still has to be approved by the Building
Dept. and that is where the fire access, 280A, will come in.
They will send it to Zoning if you need an access to it.
TRUSTEE KRUPSKI: Because another bridge came up this month and
that was one of our concerns there. That was for property
access. It was not for accessory. This is serious access.
Is there anyone who would like to speak against this application?
MRS. KULL: Can you just repeat the fire department access
a~ain. I didn't hear it.
ROBERT SIMON: The Garage would be 30' back from the edge of the
bridge, the bridge itself is 50' So 100' is not a long stretch
for a fire department. The standard pre-connected hose on the
fire department pumper truck is 150' So you don't necessarily
have to put the truck at the garage. When they get off the truck
they have the hose in a collapsed form on their shoulder with
the nozzle man going first, then the house goes out. Most of the
time the hose snakes out, because they don't need all the hose
they have.
MRS. BAUMAN: Where is the hydrant?
ROBERT SIMON: The hydrant is the truck. It carries its own
water. You have the tanker truck that supplies the truck when
the pumper truck.
Members in audience spoke at once.
TRUSTEE KRUPSKI: The Building Dept. will handle it. That was
just a question that came up because it came up with a different
piece of property for access. Any other questions?
MARYLOU Folts: Mr. President, members of the Board of the
Town Trustees, my name is Marylou Folts. I am an attorney
with Lark and Folts in Cutchogue, New York. I am here on
behave of Edmund and Carol Bauman who are neighbors
immediately adjacent to the South of the property of the
applicant, Mr. Simon in the area known as Indian neck, Peconic,
New York. Mr. and Mrs. Bauman object to the issuance of the
wetland permit to Mr. Simon for the construction of 23' X 32'
garage and bridge on wetlands on Mr. Simon's property at Wood
Lane, Peconic, New York. I would like to hand up to you, Exhibit
A, a map showing the adjoining property of Mr. Simon is outlined
in red and Mr. & Mrs. Baumans' property is outlined in green.
So you can see the proximately of their properties. As you can
see both the Simon and Bauman properties are divided basically
into two parcels by a valley like area, which is labeled the
ditch line originally by the mosquito control commission. This
valley like area is approximately 90' wide. This valley in the
majority of Mr. Simon's property are within the definition of
your tidal wetlands
that is set forth in Section 97-13 A,1,2 & 3 of the Code of the
Town of Southold. The valley floods at pick lunar tides, storm
tides and flood tides. The Town of Southold has some what
exacerbated this by placing a drain on Indian Neck Lane, at the
southerly end of this valley. The depth of the water depends on
the weather and tide, but it is always wet on the bottom, as you
Board of Trustees 8 May 25, 1995
will hear from Mr. Bauman and Frank Kull, there is flooding
and wave action. Especially in the northeast storms when the
water has risen into Mr. Baumans' yard and up to the mobile
home trailer located in Mr. Simons' yard. As shown on Mr.
Simon's own map these areas have a elevation of approximately
10' Mr. Simon's application for a wetland permit states that he
proposes a bridge approximately 10' wide by 50' long. Mr. Simon
has admitted to Mr. & Mrs. Bauman and Town Trustee Albert
Krupski and myself that the bridge consist not only of 50' span
on the wetlands as shown in his application, but also a wood
plank ramp on each side of the stand. Which means the actual
length of the bridge is closer to 100' then 50'. The 4' stakes
with red flags, which where placed by Mr. Simon on his property
to indicate
the location of the bridge, merely indicate approximately where
the concrete piers will be located not the location of the
entire bridge. In fact Mr. Simon told Mr. Krupski and me that
the concrete piers will extend approximately 1' each side of the
stakes and he raised 1' higher then the flag on the stakes. To
place the 50' bridge at this point on the wetlands would leave
it unconnected to the embankment on each side. Therefore to make
the bridge accessible to each embankment would require these
ramps on each side of the actual bridge stand. What this means,
pure and simple, is that Mr. Simon is not proposing a 50'
bridge. My understanding, a bridge is its entire length from one
point of land to another. This means that Mr. Simon's bridge is
not 50' long but closer to 90' or 100'. More then double.
Certainly a significant discrepancy than what has been
represented to the Board of Trustees. In addition Mr. Simon's
application for the permit indicates that the closest distance
from the nearest proposed structure and upland edge of the
wetlands is 30'. To me this would mean that the concrete piers
must be 30' from the edge of the wetlands. Which would place the
easterly concrete pier in Mr. Simons' right-of-way or front
yard, not at the lower edge of the embankment. As shown on
Exhibit A that you are looking at. The fact of the matter is
that bridge piers are being constructed in the actual wetlands.
Furthermore, Mr. Simon indicated in his application that
materials for this project would be removed or deposited by
hand, shovel or back-hoe. This is not entirely true since by his
own admission to Mr. Krupski and me, Mr. Simon says that there
will also be a concrete truck needed to be brought in to pump
concrete across the wetlands to construct the westerly pier.
What I am trying to point out to the Board is that Mr. Simon is
not necessarily going to do what the application before you
says. In fact, I submit to you that Mr. Simon does not come
before you with clean hands. On February 14, 1990 Mr. Simon
obtain a building permit to construct his house, but to date has
not obtained a certificate of occupancy. The Building Permit
expired in August of 1991. Almost 4 years ago. The Building
Department last inspected house September 2, 1993 and the
inspection report notes permit expired, renewal of permit
required. Do not continue. Mr. Simon is living in the house and
continues to do work upon same all without a valid building
Board of Trustees 9 May 25, 1995
permit or certificate of occupancy. Also in February of 1995 Mr.
Bauman will testify that he called the Southold Town police
because Mr. Simon was using heavy equipment on this very wetland
that we are dealing with tonight. Mr. Simon only ceased using
the equipment only after the police where called. I submit to
you that Mr. Simon has not in the past complied with the code of
the Town Southold. You should not assume that he will do so now.
The Board and Mr. Simon know this project also requires a permit
from the NYSDEC. I checked with the DEC and Mr. Simon did make
an application for a DEC permit on or about April 3, 1995. The
DEC initially determined the project was a presumptively
incompatible use with wetlands. The proposed bridge exceeds the
normal 4' catwalk width. The DEC then request further
information feasible alternatives where to locate the proposed
garage other then that site requiring a car bridge across
wetlands. The Baumans' oppose the issuance of this wetland
permit for the following reasons; the project will adversely
effect the wetlands of the Town by creating a precedent for
granting permits for car and truck bridges over and through
wetland areas. This is no longer permitting little scenic foot
bridges or catwalks across wetlands. This is creating precedent
to allow a flow of vehicular traffic over and through wetlands.
Which will surely have long reaching effect on Southold Town
policies, wetlands preservation. The project will also cause
damage from erosion, forbiddity or siltation due the ramps that
will be needed to be placed on the embankments leading to and
from the proposed bridge span. The ramps will cause a runoff
into the wetlands. This is particularly true on the easterly
side with Mr. Simons' previous scraping and lowering of the
right-of-way thereby creating more of a pitch of runoff into the
wetlands. You will hear testimony from Mr. Bauman that Mr.
Simon lowered the right-of-way by over a foot on easterly
embankment during the construction of his house. This lading
down and grading took place from the Dempsey house which is
just to the east of Mr. Simons' property. This runoff will not
be stopped by the construction of the concrete piers. In fact
the three foot long solid concrete piers will only redirect the
runoff into the surrounding wetlands area from each end of these
piers. Mrs. Iavarone, property owner who is further to the
east of Mr. Simon, who's property fronts on Richmond Creek,
recently complained to the Baumans about a plume of silt
coming from the wetlands area on the westerly side of Mr.
Simons' house into Richmond Creek and in front of her property
on Richmond Creek. Whether this is the result on Mr. Simons'
property or the runoff on Indian Neck Lane or a combination of
the two. This is evidence that there is a flow of water through
this wetlands area into Richmond Creek. Which will not only be
compounded by the disturbance of the existing embankment but it
will be compounded by the concrete piers and ramps. Again the
project will also adversely effect fish, shellfish and other
marine organisms, aquatic wild life, vegetation and natural
habitat due to this runoff silting in the wetlands area. The
project will increase the danger of flood and storm tide in that
the bridge itself will be endangered of collapsing into the
Board of Trustees 10 May 25, 1995
wetlands during storms. Mr. Simon contends there is no such
risk. He claims that the water does not rise to the 8' height
which is the highest point of the bridge span. This is disputed
both Carol and Ed Bauman who have lived at the edge of this
wetlands valley for the past eighteen years. And by Mr. Frank
Kull who grew up on the farm land adjacent to the properties
of both Mr. Bauman and Mr. Simon for his entire life. Mr.
Bauman will testify that the water has actually come up from
Baumans' back yard approximately 20' from their house during
certain storms. The fact of the matter is waters of Richmond
Creek do rise in this wetland area during flood tides, peak
lunar tides, storm tides. And while the center span of the
bridge ...of the water, the ends of the span will surly go under
water and be subject to this tidal flow and raise. I have only
been talking long term effects. I have not even mentioned the
construction faze of the piers, which are directly in the
wetlands. Eventhough the construction period will be temporary,
there is no mention of Mr. Simon of what protection will be
provided for the wetland. Placement of bales of hay to prevent
runoff is not necessarily feasible, because as Mr. Bauman will
testify, there is water in the valley at least once per month on
a lunar tide. Not to mention any storms which may occur during
construction. We do not know where Mr. Simon will put the spoil
from installing the concrete piers. Which must be dug at least
below the frost line which Mr. Simon says it is going to be
atleast 42" below the existing level. Ed and Carol Bauman
have spoken with many residents of the Indian Neck area who also
appose the granting of the wetland permit for the following
reasons; 1. This project will cause severe, irreparable damage
to the fragile wetland area which is currently supporting
vegetation, endangered wild life,(Ospre¥'s), water fowl,
spawning shellfish as well as providing a natural freshwater
inlet feed into Richmond Creek. The esthetic impact of this
concrete piler, car road way across an open picturesque
wetland will result inkind negative impact on the property and
the over all Indian Neck area. Thereby causing severe
devaluations on the resale value on their Indian Neck homes and
properties. Mr. Simons' property has been classified as
wetlands...DEC no work zone,200' from the nearest edge of the
wetlands. This permit application states that Simons property
calls direct construction threw the middle of this wetland. At
this time I would like to hand up to the Board Of Trustees
petitions signed by many residents and property owners in the
Indian Neck vicinity in opposition to the issuance of the
wetlands permit to Mr. Robert Simon. I respectfully request that
you deny Robert Simons application for a wetland permit to
construct a 23' X 32' garage on the westerly portion of his
property with a bridge across the wetland area at 379 Wood Lane,
Peconic, New York. I am surprised and dismayed that you have
even allowed the construction of his house on his property in
such close proximately of the wetlands. Mr. Simon new he was
buying a regulated piece of the property. Its complete
disclosure was made by the prior owner, Richard Cron. Mr.
Simon was aware that the western portion of his property would
Board of Trustees 11 May 25, 1995
be inaccessible to vehicle traffic do to the extent of the
wetlands on that portion of the property. That is how he bought
it. The issuance of a wetlands permit to Mr. Simon under these
circumstance would be contrary to the policy of the Town of
Southold. There should be no wetland permits granted by the
Board of Trustees to Robert Simon for this unnecessary
construction on wetlands within the Town of Southold. I thank
you for your time and consideration. I believe Mr. Bauman
would like to add a few words.
TRUSTEE KRUPSKI: Thank you.
ED BAUMAN: Good evening. My name is Ed Bauman. Myself and
and my wife, Carol Bauman live at 325 Wood Lane. We boarder on
the side of Mr. Simon. I would just like to mention a few
things...talked about work not completed on the house with no
C.O.
TRUSTEE KRUPSKI: Excuse me Mr. Bauman if you can limit your
comments to... (changed tape).
ED BAUMAN: What I am trying to say to you is that the house
should be done, it should be completed, it should become a legal
residence if that could be done at all. He is starting another
project. The house isn't even done and we are starting another
project...I am asking that a dead line be but on the house that
it would be done by September 1. My property is devalued by
about 100 thousand dollars... He is violating the law right now
with the house the way it is right now. I am asking the Town to
please go out and correct this thing. Clean it up. Get it
corrected. If I sell my house and I take a loss, I am going to
have to take action against somebody. Somebody is going to have
to take the loss that I am going to incur on this thing. I am
asking you to look at the house and see exactly what parts are
nonconforming. I am questioning engineering going in. I know
that there is violations on the house now. Mr. Simon has
admitted to. He is over the wetlands over the deck. There is a
chimney on the right side of the house clears the roof by a 1
1/2' There is another structure. I have no idea if that is
within legal height. If there is a chimney fire, if there is a
chimney fire it is going to blow right into.., that can't be
code. It is not code. I am asking you to look at that. As far as
the project goes with the bridge.
TRUSTEE KRUPSKI: Can I just answer the thing about the house?
MR. BAUMAN: Yes.
TRUSTEE KRUPSKI: We issued a permit for that house. I don't know
when, 1990. We don't issue the building permit. We issue the
wetland permit based on environmental factors. You would have to
go to the building department about any other sort of claims of
substandard construction or any sort of construction that
doesn't meet New York State or $outhold Town Building Codes.
That is way out of our jurisdiction.
MR. BAUMAN: O.K. I appreciate that. I was not aware of that.
TRUSTEE WENCZEL: We no nothing about that. We review the
environmental impact of a project. We are not the building
department. We have professionals in town that do that.
MR. BAUMAN: I appreciate that. I have photos of the would be
bridge. There is 6 photos here. What I am submitting to you in
'Board of Trustees 12 May 25, 1995
the first photo over there. You have a picture of me with a
white pipe. It is marked 6' and 8' This wetland area, his
access. Where this bridge is going through is going to pick up a
piece' of the embankment is surely is not going up to the top of
it. Even though the height of the structure is supposed to be
8'. The northeasterns that we have had over there...we had one
storm a couple years ago. I had water that 10' off the back of
my house. My wife called me at work and said what are we going
to do. Fortunately the water dropped down. As far as where the
water was in this wetland area. There was no wetland area. It
was creek. We had white caps going from Wells Road right down
Indian Neck Lane. It is a periodic thing. Everything comes up in
there. It is a common event...If you look over here on photo lB
you can see where his trailer is. If you look on photo #2, you
will see wetlands looking up to his house to the left side. It
is the same thing that is on #3. If you look at photo #3 to left
side of where I am is where the proposed bridge is going to be.
If you look at photo #4, it is a shot across this wetlands area
into the other side. If you are going to tie the to pieces of
ground together, to do it right and I am not a P.E., you are
going to have to span the whole thing. It is not going to need
100' span bridge.
Wave action, this bridge is going to be under the water by about
4' with waves on it. It is that critical? I don't know. Ice will
take it down. You go back a few years ago. I remember ice flows
from Peconic Bay all the way into the houses. People where out
at night picking at the ice. If we have /ce in there, that
bridge is gone. You have docks in the creek that disappear. It
is going to be ripped up and be dump on my house. It is going to
be dumped on Cichanowiczs' property. It is going destroy that
area in there. Who is going to clean it up? I am not going to
clean it up. Is my insurance guy going to clean it up? No. Who
is going to liable for it? These are what my concerns are.
Again, it is not an engineering job. It has not been thought
out. I am dealing with work here that is done half way, not
completed, not licensed. In my business as an engineer, I work
for the U.S. Government, requires licenses and I have to work
according to code. I see another thing happening here that is
out of scope with the town, it is out of scope with the area.
Environment wise, I would like you to look at what it is doing
to my place. Thank you.
TRUSTEE KRUPSKI: Thank you. Would anyone else like to speak in
favor or against the application? I have a couple of questions
about the wood ramps. We met yesterday at lunch time. I thought
you said that there would be no wood ramps?
MR. SIMON: No wood ramps.
TRUSTEE KRUPSKI: You would have gravel down to the bridge.
MR. SIMON: That is correct.
MS. FOLTS: A few days before that you where talking to the CAC
and where saying planks.
MR. SIMON: I said that one of the original ideas was to put wood
ramps. But after speaking with this gentlemen (Steve Angel, CAC)
it was suggested that stone be put there to prevent any washout.
MS. FOLTS: You have a pitch going like this.
Board of Trustees 13 May 25, 1995
TRUSTEE WENCZEL: I think we need a more detailed plan to start
with. We need contours on both sides. We need to see how
everything sits with the contours.
TRUSTEE GARRELL: I also like to bring DEC down on the next
inspection to take a look at it.
TRUSTEE KRUPSKI: I have one more questions. I am not disagreeing
with you at all. The question I have here is something I didn't
notice before. Someone mention that the bridge ends on the
right-of-way.
MR. SIMON: That is not true.
TRUSTEE KRUPSKI: But you show it on the survey.
MR. SIMON: The right-of-way is 30' wide and the bridge is
approximately...
TRUSTEE KRUPSKI: That is what you said on the site, but what you
submitted shows contrary to that.
MR. SIMON: That was revised. Let me see if I can get you a
revised one. This one was done by the direction of the DEC. Is
this one better?
TRUSTEE KRUPSKI: Much better. This is what was explained to me
in the field. The right-of-way is clearing 30' We need to see
elevation and grading plans so that runoff is controlled. Any
structure that is going over working marsh, has to be high
enough that the sun light can penetrate underneath it. I asked
our secretary to call the Easthampton Trustee to find out the
spacing between planks, and we have not gotten a response.
There are standards to address that as far as letting the
sunlight penetrate to support vegetation underneath so you don't
create a dead area. We are going to need a little more detail on
this before we make a decision. I would suggest putting it on
for the next field inspection. CAC recommended approval with the
stipulation that the applicant use sediment barriers, silt fence
hay bales during construction. Any driveway surface be pervious
to rain water and any disturbed ground be regraded and planted.
On I final plan, Mr. Simon, we would require that on a plan and
what is to be done with the spoil that comes out of tke hole
before it is poured and how that area is to be stabili~zed during
and after construction. Hay bales, silt fence, regrading of the
soil that is used. I think we will make a recommendation that
you contact the soil conservation service. They will come down
free of charge. They can help you determine how much water is
going to be coming down that slope and what you can do to slow
it or eliminate it completely. With their help you can come up
with a plan that will address those concerns. Those are our
concerns. The environmental concerns. As far as the esthetics of
it, that is not our judgement.
TRUSTEE GARRELL: How do we stand with fulfillment of
stipulations or demands what previous permits and everything and
other town permits.
TRUSTEE KRUPSKI: Other town permits, we don't. Our permit is two
years until the work has begun. So his permit is in effect.
MS. FOLTS: So if he starts the work within the two years and
then he lets it go for five years, like the house and the bridge
is half constructed and the garage, it is the same thing.
Board of Trustees 14 May 25, 1995
TRUSTEE KRUPSKI: It could happen. The concerns we have are the
environmental concerns. Very seldom we put time limits on a
permit. This activity there is some activity proposed adjacent
to the marsh. We could put a time limit on the pouring of the
piers and maybe at the Soil Conservation Service recommendation
the installation of a suitable driveway to the bridge. That work
will be done in a timely fashion so as not to erode soil into
the wetland area. As far as the construction of the garage
itself, that is not our concern.
MS. FOLTS: We are concerned when we where at the property, Mr.
Simon pointed out that at the top of the flag the concrete pier
was going to be about a 1' above of that flag/stake. That flag
is out of the ground about that much and the embankment that we
where on was up here. What kind of gravel is going to connect
this bridge to land.
TRUSTEE GARRELL: That is why we have asked for the details on
this application.
TRUSTEE KRUPSKI: So we will not be making a decision on this
application tonight. We will recess the public hearing until we
receive the information that the Board feels it necessary to
make an intelligent decision.
ROBERT YEA: My name is Robert Yea and I am the direct neighbor
of Mr. Simon. I am the closest you are going to get to him. In
back of him is Baumans' property. I am not here at all the
Winters. I was here this past Winter. Other Winters when they
have had bad Winters and they have had ice, I was sent photos by
neighbors and friends to show us how it looks here in the
Winter. It was nice, that I wasn't here. The pictures shows how
high the ice can come or how high the water can come. It didn't
even come over my dock, which is way down. I would like to
complement the board for acting just on the wetlands situation
and only that because that is what is before here now.
FRANK KULL: I am Frank Kull. Right on Indian Neck Lane to
the east of me is a cutter. The County use to dig out every
year. I have seen in a hurricane where the water come right up
on Indian Neck Lane. It is higher then 8'. I have seen this.
Right now you look down there, Dave Cich built that up. I have
lived there for 57 years. I am against it.
TRUSTEE KRUPSKI: Any other comment from the board before we ask
Mr. Simon what more we want.
TRUSTEE WENCZEL: I feel we don't have enough information.
TRUSTEE KRUPSKI: O~K. Mr. Simon, we will put you on for the next
field inspection which is the 21st. What we would want to see,
the abutment is how large?
MR. SIMON: 3' X 10'
TRUSTEE KRUPSKI: O.K. If you can take a 3' wide of wood put it
at the elevation of what would be the top of the abutment on
either side for our field inspection. That will give us the
height of the abutment. That will give us an idea of the scope
and the slope of gravel area going down to the bridge to access
down that slope. Then we will know exactly how it could go down
and at what angle. That will put to rest the two opposing sides
as to one says its got to come down and other one says its not.
'Board of Trustees 15 May 25, 1995
TRUSTEE WENCZEL: I would also like to see contours on the
western portion of the property on this survey.
TRUSTEE WENCZEL: 1' contours on the western portion.
MR. SIMON: I tried to have Van Tuyl come and survey. It is
very difficult to survey over there because of the briers and
everything else that is there.
TRUSTEE KRUPSKI: Anyway, we are going to require that.
TRUSTEE WENCZEL: I would also like to see the abutments drawn in
on this survey. So we see exactly where the bridge is and where
the abutments are. Cross section. The whole nine yards.
TRUSTEE KRUPSKI: Show us on the plan where the spoil site is
going to be and a stabilization plan. When they dig that 3'X 10'
area for the cement, show us a silt fence and a row of hay bales
and give us an idea of how you plan to stabilize it in the long
run. If you call our office in the morning the secretary can
give you the phone number for soil conservation. Anything else.
TRUSTEE GARRELL: I move to recess.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
8:29 P.M. In the matter of En-Consultants on behalf of NEW
SUFFOLK SHIPYARD request a Wetland Permit to replace all
bulkheading on southwest side of marina/shipyard. From east to
west: replace (within 18") 3 sides of travel lift slip, 36',
26', 34'. replace (within 18") 34' section on south side of boat
storage building and 22' section on west side of boat storage
building; construct 103' section, easterly 43' of which will be
located immediately south of one story frame office building to
replace a deteriorated retaining wall located on the north side
of that structure; remaining 60' west will be built 18" -30 in
front of existing bulkhead due to bulges in present bulkhead;
replace (within 18") 33' and 15' bulkhead sections.
Dredge an area up to 10' off 118' of bulkheading to maximum
depth of 4' below MLW. Resultant 100+ c.y. of spoil will be be
used to backfill between new and old bulkheads, remove existing
3' X 60' float. Pour a new 6' X 12' concrete pad for a gasoline
dispenser which will replace a prior gas pump which was removed.
Existing tank buried in upland will be retained and used.
Located New Suffolk Road, New Suffolk. SCTM 117-5-29.1
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
ROB HERMAN: En-consultants, representing New Suffolk Shipyard.
Last month we discussed that it was a fairly straight forward
application with the exception of whether there would be
bulkheading and filling in front of that structure. I guess
the Board had decided to issue a negative declaration with the
condition that you will not necessarily'approve the bulkheading
and backfill. Since then a DEC permit was issued for the
alternate plan which was not to bulkhead and fill, but to only
do the returns. So in the interest of making this a shorter
discussion, I have plans for the proposal which will not
bulkhead in front and fill behind the wetland, but will just
replace the walls on the sides acting like returns.
TRUSTEE KRUPSKI: We have, as requested by the Board, a letter
from Larry Tuthill stating no objections to this project. We
Board of Trustees 16 May 25, 1995
have an amended application showing no filling. We viewed on the
site. Is there anyone here who would like to speak in favor or
against this application?
CHRIS MCQ...: I am Chris MC... I am one of the owners of the
yard. I am here if you have any questions.
TRUSTEE KRUPSKI: Thank You. The CAC recommended approval.
TRUSTEE GARRELL: I move to close.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE KRUPSKI: Does someone make a motion to approve the
amended plan as submitted.
TRUSTEE GARRELL: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES.
8:33 P.M. - In the matter of Samuels ~ Steelman on behalf of
THEMIS KAROUROS requests a Coastal Erosion Permit to
construct a 4'X 6' landing at top of bluff with stairs to beach
as per drawing dated May 19, 1995. Located: 1460 The Strand,
East Marion. SCTM #30-2-66.
TRUSTEE KRUPSKI: Is there anyone here who would like to make a
comment either in favor or against?
TRUSTEE HOLZAPFEL: It is a standard staircase. You might
remember that they wanted to build a large platform and it is
now down to a 4'X4' I don't see any problem.
TRUSTEE ALBERTSON: Move to close the hearing.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I will make a motion to approve this
application.
TRUSTEE ALBERTSON: Second. ALL AYES.
8:36 P.M. In the matter of RUSSELL E. MANN requests a
Wetland Permit to restore sand to spoil area which was dredged
in 1987 from north side of dock and washed away to a depth of up
to 4'. Located: 1775 Calves Neck Road, Southold. SCTM #70-4-48.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor or against this application? CAC comment, disapproval. In
1987 was dredged from the north side...if soundings are done to
prove the need for the dredging the CAC recommends minimum
dredging to 4' depth at low tide.
STEVE ANGEL: We think that the scope of the project is a little
excessive. If the applicant can prove that they really need that
amount of water to get their boat in there, than we would
approve the minimal dredge to allow the boat to get to the end
of that dock.
TRUSTEE KRUPSKI: That is what discussed when John inspected it.
TRUSTEE HOLZAPFEL: I went back down and part of the fault was in
the diagram itself. I measured poll by poll. All he is asking to
do is take the sand out that was dredged before. He wasn't going
down the dock any further.
TRUSTEE KRUPSKI: So it still stands at poll number 7.
TRUSTEE HOLZAPFEL: I think that this was the newest one.
STEVE ANGEL: We got the amended drawing?
TRUSTEE HOLZAPFEL: Yes.
STEVE ANGEL: He has a large boat? He is going to dredge maximum
of 4'
'Board of Trustees 17 May 25, 1995
TRUSTEE HOLZAPFEL: Yes. I have no problem with it the way it
stands.
TRUSTEE KRUPSKI: If there is no other comment, I'll take a
motion to close the hearing.
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE GARRELL: Second. AYES: Holzapfel, Krupski,
Garrell, Albertson. Abstain: Wenczel.
TRUSTEE HOLZAPFEL: I make a motion that we approve the
application for Russell Mann to restore sand to spoil area which
has been dredged.
TRUSTEE ALBERTSON: Second. AYES: Holzapfel, Krupski,
Garrell, Albertson. Abstain: Wenczel.
8:38 P.M. - In the matter of Donald Fieler on behalf of ARTHUR
AXBERG,JR. request a Wetland Permit to renovate and construct
a second story addition to existing one story residence and
raise house. Located Camp Mineola Road, Mattituck. SCTM 123-5-34
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
either in favor or against this application?
DONALD FEILER: I am Don Feller. I am here to represent Mr.
Axberg, if you have any questions.
TRUSTEE KRUPSKI: The whole board inspected the site. It looked
pretty straight forward. I don't know if we want to recommend
the use of a silt barrier during construction. CAC recommends
approval of the house. What we will be requiring when the
bulkhead comes up, a 20' buffer.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing?
TRUSTEE ALBERTSON: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: I will make a motion that we approve the
application of Arthur Axberg for a wetland permit for the
house.
TRUSTEE GARRELL: Second. ALL AYES.
8:32 P.M. - In the matter of MYLES SCHNEIDER request a
Wetland Permit to construct a 16' X 16' deck with a 3' wide
walkway from deck to side door. Also add a 4' X 4' platform with
a 3' X 10' ramp leading to the existing 5' X 26' float. Also
request to Grandfather the 5' X 26' float and bulkhead. Located
Knoll Circle, East Marion. SCTM 37-5-11.
TRUSTEE KRUPSKI: Would anyone like to comment either in favor or
against this application?
TRUSTEE HOLZAPFEL: I inspected it and it is a bulkhead already
there. They are doing a deck on the back of it. I notice that
the CAC had a problem with it.
STEVE ANGEL: It is terminology, It was a walkway, from the deck
not a catwalk.
TRUSTEE HOLZAPFEL: It was just the wording more than anything
else?
STEVE ANGEL: The wording more than the structure, yes.
TRUSTEE HOLZAPFEL: The float was already there.
TRUSTEE KRUPSKI: I make a motion to close the hearing.
TRUSTEE ALBERTSON: Second. AYES: Krupski, Holzapfel,
Albertson, Garrell. ABSTAIN: Wenczel.
Board of Trustees 18 May 25, 1995
TRUSTEE HOLZAPFEL: I will make a motion that we approve the
wetland application of Myles Schnieder for a 16' X 16' deck
with a 3' wide walkway from deck to side door. Also a 4' X 4'
platform with a 3' X 10' ramp leading to the float.
TRUSTEE ALBERTSON: Second. AYES: Krupski, Holzapfel,
Albertson, Garrell. ABSTAIN: Wenczel.
8:45 P.M. - In the matter of Warren Sambach on behalf of
ANDREW T. Fohrkolb requests a Wetland Permit to construct a
3' X 26' catwalk, a 2'6" X 6' ramp and a 6' X 20' float and
stairs. Located 670 Holden Ave., Cutchogue. SCTM 137-4-30.
TRUSTEE KRUPSKI: Is there anyone who wants to speak for or
against this? I visited the site and spoke to the applicant many
times. I requested a change of plans that would contact the
catwalk to the stairs, which he has submitted. However, he
request that the catwalk not extend all the way to the stairs.
He explained to me that the catwalk will extend to MLW. It
looks like it extends out further than it really is.
TRUSTEE WENCZEL: I think you need an accurate plan.
TRUSTEE KRUPSKI: I am willing to approve it subject to receiving
an amended plan. The pier is going to end at mean low water and
he is going to go out from there. I will make a motion to close
the hearing.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE KRUPSKI: I will make a motion to approve the application
on a 6' X 20' float, a 6' X 2 1/2' ramp, a 3' X 30' catwalk
based on receipt of a new drawing. There shall be no disturbance
of any vegetation from the toe of the slope on out.
TRUSTEE HOLZAPFEL: I will second it. ALL AYES.
8:51 P.M. In the matter of Hancock Dock on behalf of STEVEN
GREENBAUM request a Wetland Permit to construct a 4' X 80'
dock with 2 elevator lifts, a 3' X 20' ramp and a 7' X 30' float
with 4-float piles and 4 mooring piles. Located 1073 Bay Home
Extension, Southold. $CTM 56-5-38.
TRUSTEE KRUPSKI: Is there anyone here who wants to speak for or
against this application? As this application has not received
an assement, I make a motion that we recess until next month.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
III. ASSESSMENTS:
1. Eh-COnsultants on behalf of NICK ARONIADI$ request
Wetland and Coastal Erosion Permits to construct a 185 1.f.
(plus (2) 15' returns) of stone revetment using 3 - 5 ton stone
on 100-1000 core, 10-50 lb. blanket. Approximately 375 c.y. of
clean sand will be trucked in fro backfill. A 12' wide area of
revetment will be made suitable for a boat launching ramp for
owner's private use. Located 1090 Latham Lane, Orient. $CTM
#15-9-1.6.
~Board of Trustees 19 May 25, 1995
After discussion about the ramp to the east of the above
property and clarification of this application a motion was made
by TRUSTEE HOLZAPFEL and seconded by TRUSTEE WENCZEL to grant a
negative declaration. ALL AYES.
2. Costello Marine Contracting on behalf of BARBARA DEFINA
request Wetland and Coastal Erosion Permits to install 40'
dumped rock rip-rap for erosion control. Located Willow Terrace,
Orient. SCMT 26-2-7.1.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
WENCZEL to grant a negative declaration. ALL AYES.
3. Bruce Anderson on behalf of PEGGY HELLER AND ANNE WYDEN
request a Wetland Permit to construct a 2982+/- sq.ft, single
family dwelling (base floor), a 800+/- sq.ft, attached deck a
840+/- sq.ft, attached garage, a 876+/- gravel driveway, a
318+/- sq.ft, walkway, well and septic system. Located South end
of Majors Pond Road at its juncture with Willow Terrace Lane,
Orient. SCTM 26-2-39.1.
Based on the applicant moving the house at least 10' further
away from the pond and getting such approval from the Zoning
Board of Appeals, a motion was made by TRUSTEE GARRELL and
seconded by TRUSTEE ALBERTSON to grant a negative declaration.
AYES: Krupski, Albertson,Garrell, Wenczel. Abstain:
Holzapfel
4. Matthew McKiernan on behalf of VIRGINIA CROPPER AND
CECELIA KEMPLER request a Wetland Permit to construct a
single family residence, fill approx. 40 c.y. of clean fill, a
3' X 15' catwalk, 3' X 14' ramp leading to a 4' X 5' float
leading to a 6' X 20' float. Located Arshamomaque Ave.,
Southold. SCTM 66-3-9.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
WENCZEL to grant a negative declaration with the condition that
a accurate survey showing the berm be submitted with a
landscaping plan within 75' of the water. The catwalk should be
moved landward 10' to connect with berm. ALL AYES.
5. Larry Liso on behalf of PAUL CACIOPPO request a Wetland
Permit to construct a single family dwelling. This was approved
once before, but the permits have expired. Applicant still has
DEC and is getting Health Dept. Revised map dated May 15, 1995.
Applicant also wants to know if it is out of Trustees
jurisdiction. Located New Suffolk Ave., New Suffolk. SCTM
116-3-18.1
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
GARRELL to grant a negative declaration. ALL AYES.
6. Costello Marine on behalf of LOUIS M. BACON/ROBINS
request a Wetland Permit to dredge approx. 2700 c.yu. 10-15%
brick, 20% gravel and 65% sand to 5' below MLW. Material to be
trucked away to approved upland site. Ferry Berthing area to be
maintained at 7' below AMLW. Located Robins Island, New Suffolk.
Board of Trustees 20 May 25, 1995
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
GARRELL to grant a negative declaration. ALL AYES.
7. Donald G. Feller on behalf of ARTHUR AXBERG, JR. request a
Wetland Permit to construct timber bulkhead to replace existing
bulkhead 2'9" in front of to tie into neighbors on both sides as
per drawing dated as received May 10, 1995. Located Camp Mineola
Road, Mattituck. SCTM 123-5-34.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
ALBERTSON to grant a negative declaration. ALL AYES.
8. Glenn Just on behalf of FIDCO request a Wetland Permit to
install two 10' X 16' floats, four 10' X 16' floats, four 6' X
18' floats, to replace open pile lost in 12/94 storm, to
relocate two existing piles and to install four new spring piles
at existing yacht club. As per survey dated April 5, 1995.
Located Crescent Ave., Fishers Island. $CTM 10-1-9.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
GARRELL to grant a negative declaration. ALL AYES.
9. Glenn Just on behalf of ISIS BARTELS request a Wetland
Permit to construct a 4' X 50' fixed dock (ele. over grade of
marsh), 3' X 14' ramp and 6' X 20' float. Located Private Road
#3, Fishers Island. SCTM 10-3-10.
A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE
GARRELL to grant a negative declaration. ALL AYES.
10. Costello Marine on behalf of DORIS COSGROVE request a
Wetland Land Application to construct a 3' X 40' catwalk and 3'
X 18' ramp and a 6' X 20' float with (2) 2-pile dolphins.
Located at Indian Neck Lane, Peconic. SCTM #86-5-9.4.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to grant a negative declaration. ALL AYES.
11. EILEEN VILLANI request a Wetland Permit to construct a 3'
X 95' dock, 3' X 15' ramp and a 6' X 20' float as per drawing
dated as received May 18, 1995. Located Indian Neck Road,
Peconic. Richmond Creek. SCTM #86-6-10.
A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE
KRUPSKI to grand a negative declaration. ALL AYES.
12. S. Tarshis And Assoc. on behalf of STEVE GREENBAUM
request a Wetland Permit to construct a 4' X 80' pier two
elevation lifts, 3' X 20' ramp, 7' X 30' float, 4 float piles
and 4 mooring piles. Located Bay Home Road, extension,
Southold. SCTM 56-5-38.
A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE
HOLZAPFEL to grant a negative declaration. ALL AYES.
IV. RESOLUTIONS:
1. Costello Marine on behalf of NICHOLAS MAZZAFERRO request
a Grandfather Permit to do maintenance repairs; resheath 188'
(lower half) timber bulkhead on outside, replace 188' lower
~Board of Trustees 21 May 25, 1995
wall, replace 32 pilings and reweld tie rods. Located 2125
Cedar Lane, East Marion. SCTM 37-4-6.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
ALBERTSQN to grant a Grandfather permit with the condition that
all the pipes that are coming out of the bulkhead during
construction will be eliminated and any kind of affluent coming
out, that we will not tolerate any discharge into the surface
waters. ALL AYES.
2. CHARLES RIESTERER request a Grandfather Permit for a 4' X
100' dock, rebuild 4 jetties - 10'X 23', 9'X 31', 9'X 35' and
9'X 35' and a ramp. Located 1945 Calves Neck Road, Southold.
SCTM 70-4-47.
A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE
HOLZAPFEL to table this application so the Board can inspect and
clarify the application. ALL AYES.
3. VICTOR AND GAIL FERRULLI request a Grandfather Permit for
a 5' X 20' floating dock with 2 pilings. Located 1540 Smith
Drive South, Southold. 76-3-5.
A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE
HOLZAPFEL to grant a Grandfather permit. ALL AYES.
4. Proper-T Permit Services on behalf of JOSEPH FOELSCH
request a Grandfather Permit for a 4' X 80' catwalk with a 4' X
16' ramp to a 6' X 20' float. Install two 2-pile dolphins to
secure floating dock. Install waterline to end of dock, install
electric line to end of dock. Located 1400 Beebe Drive,
Cutchogue. SCTM 103-3-3.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to grant a Grandfather permit. ALL AYES.
5. Joseph Munafo on behalf of LORRAINE WENDT request a
Grandfather permit of a 4' X 31'2" Catwalk w~th associated
pilings, a 6' X 20' float and 3' X 12' ramp in an "L". Located
980 Deep Hole Drive, Mattituck. SCTM 115-12-14.
A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTEE
GARRELL to grant a Grandfather permit with the condition that
when the dock is to be rebuilt it shall be elevated 4' and the
Trustees suggest that the catwalk be 3' wide. ALL AYES.
6. Proper-T Permit Services on behalf of CHARLES MILLMAN
request a Grandfather Permit for existing dock consisting of two
sections of fixed walk way totaling 39' X 2' approx.,
reconstruct and install 6' X 2'0' float and a 2' X 16' ramp.
NOTE: Applicant intends to come in at a later to to amend this
permit to possibly relocate dock further off the-property line.
At this time.he wants to get set up for the season.
A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTEE
HOLZAPFEL to grant a Grandfather Permit. ALL AYES.
V. MOORINGS:
° ~Board of Trustees 22 May 25, 1995
1. DR. JOANN F. YOUNG requests a mooring in Mudd Creek for a
14' boat with a 150 lb. mushroom. Access: Private
2. DONALD J. YOUNG requests a mooring in Mudd Creek for a 16'
outboard with a 150 1.b. mushroom. Access: Private
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to grant a permit to the two above applications
subject to the Bay Constable approving the placement. ALL AYES.
3. ARTHUR WINNETT request a mooring in Mattituck Creek for a
19' Marqu with a 200 lb anchor. Access Knollwood.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL to grant a permit subject to the Bay Constable
approving location. ALL AYES.
4. BARRY SHAPIRO request a mooring in Richmond Creek for a 16'
MFG with a 150lb anchor. Access: Own property.
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
ALBERTSON to grant a permit.
ALL AYES.
5. ARTHUR BORTZ request mooring
in front of his house on East Creek for a 24' sail boat with a
2501b mushroom with aft anchor.
Access: Own property.
A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE
KRUPSKI to grant a permit. ALL AYES.
6. ROBERT MCINNIS request a mooring in Corey Creek for a 26'
Sail boat with a 150 lb mushroom. Access: Own property (The
Cove).
A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE
HOLZAPFEL grant a permit subject to the Bay Constable approving
location. ALL AYES.
Meeting adjourned at: 10:15
Respectfully submitted by:
M. D~ rk
~Board of Trustees
RECEIVED AND FILED BY
sou o D
Town Cle~k, Town o~ Southolcl