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HomeMy WebLinkAboutTR-04/04/1991 TRUSTEES John M. Brederneyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 MINUTES APRIL 4, 1991 PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice-President Albert J. Krupski, Jr., Trustee John H. Tuthill, Trustee Jill M. Thorp, Clerk ABSENT: John L. Bednoski, Jr., Trustee WORKSESSION: 6:00 P.M. Spoke with John Wickham to discuss underwater lands at New Suffolk. Negotiations for sale or lease of underwater land between John Wickham and Town Trustees. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOU~OLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER-WATCHMAN AND AN AFFIDAVIT OF PUBLICATION FROM THESUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. TRUSTEE BREDEMEYER: 7:17 P.M. In the matter of the application of En-Consultants on behalf of FRANK CURRAN to replace (within 18") 101 1.f. of existing timber bulkhead. Install (1) 10' diameter mooring pile. Dredge a 21' X 25' boat basin to 4' below MLW. Approximately 25 c.y. of spoil will be removed and partially used for backfilling bulkhead; remainder to be trucked off-site. Property located at Haywaters Road, Cutchogue. Is there~anyone here who wishes to speak on behalf of this application? The Conservation Advisory Council I believe approved this with conditions. O.K. No problem with CAC. Anyone here who wishes to speak against this application? I hear no comments for or against. Hearing no comments I will Board of Trustees 2 April 4, 1991 take a motion to close the hearing in the matter of En-Consultants for Frank Curran. TRUSTEE KRUPSKI: Just one question~ 4' below MLW, is that going to be a problem with creating a pocket there? Would 3' be more appropriate? TRUSTEE SMITH: I don't see any problem with it Al. It is pretty deep along there on that main channel. TRUSTEE KRUPSKI: O.K. TRUSTEE BREDEMEYER: It is naturally accreting there. It seems, anyway. There being no further comment, I will take a motion to close the hearing. TRUSTEE TUTHILL: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: What is your Pleasure? TRUSTEE SMITH: I make a motion that we approve this application. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: The second hearing scheduled for 7:16 p.m. is in the matter of Land Use Co. on behalf of STEVE DONADIC to install a 6' X 20' float and 3' X 18' ramp at a private community docking area. Project will also entail dredging approximately 8 c.y. of sand from a 50 s.f. area' to provide 3' depth of MLW, all dredged material will be trucked off-site. 50 s.f. of S. Alterniflora will be disturbed. Mitigation for said loss will entail the planting of 500 S. Alterniflora within the indicated planting area. Property located at 200 Willow Point Road, Southold. Is there anyone hear who wishes to speak in favor of this application? Anyone here who wishes to speak against the application? The CAC voted to disapprove the application because the replanting area suggested is questionable. The Council would consider reco~m~ending approval if a more acceptable location is used. (Said location would be specified by the Trustees.) I have approached the Assistant Town Attorney for his review and I Will have to follow up with a memo, to try to develop a re-planting similar to park and playgrounds fund that they use with the Planning Board's subdivision process. He seemed to think it was a good idea and would look into it further. I think this application would languish sometime before that gets developed. I think the Trustees should designate a better area for this Planting. BRUCE LOUCKA: Yes. TRUSTEE KRUPSKI: The area that the applicant proposes... BRUCE LOUCKA: 500 s.f is nice TRUSTEE KRUPSKI: Yes it is, but the area is... TRUSTEE BREDEMEYER: The DEC is having a problem with this application. They are apposed I think that it is violating there tidal wetlands land use regulations on the dredging amount and disturbance of the existing wetland. I don't know if they are going to buy into the replanting. So it remains an open question whether they will even get a DEC permit on this one. TRUSTEE TUTHILL: Well, there isn't very much to dig up anyway. Board of Trustees 3 April 4, 1991 TRUSTEE BREDEMEYER: No. I think the planting, if we find a good place for it, would be a much more of a benefit of the minor lose. TRUSTEE TUT HILL: Do they want to start this Spring to do it? TRUSTEE BREDEMEYER: I would assume that they would, but the DEC if they object to it will be in the hearing process. They will never get a permit this Spring. That is not for us to question. TRUSTEE TUTHILL: Couldn't we O.K. it with the idea that we will tell them where to plant it? ~TRUSTEE KRUPSKI: We would have to come up with a planting site. TRUSTEE BREDEMEYER: I would think we could approve it subject to finding a suitable planting site or working out some arrangement with the applicant. TRUSTEE KRUPSKI: They got the material there. They are willing to do it. It is their suggestion. BRUCE LOUCKA: Could you look at what we were talking about. Could you hold it in escrow? TRUSTEE BREDEMEYER: That is what we where talking about, setting up the fund. TRUSTEE KRUPSKI: The problem with that is that they have the material available. It is going to be torn out. It would be a lot easier.if they just tore it out and used it. TRUSTEE B,REDEMEYER: As opposed to getting nursery stock. TRUSTEE Kt~SKI: Absolutely. It is the natural way to do it. BRUCE LOU~: They are only taking out 50 s.f. and they are going to give 500 s.f TRUSTEE KRUPSKI: But when you plant it you make plugs and you separate the plugs. I think that is where they axe stream lining that area to the larger area. TRUSTEE BREDEMEYER: O.K. I think we can bring this to a close. Is there-a~y other comments? Hearing no further comments, I will take a motion to close the public hearing in this matter. TRUSTEE TUTHILL: So moved. TRUSTEE SMITH: second. ALL AYES. TRUSTEE BREDEMEYER: What is your pleasure on a vote? TRUSTEE SMITH: I make a motion that we approve this application with the idea that the wetland re-vegetation... TRUSTEE KRUPSKI: Can we ask the Bay Constable? He might be familiar with an area. It sounds like a lot, but it i~ not that much really. TRUSTEE BREDEMEYER: Henry is going to finish the motion. Why don't we maybe build in an option to look for a site and as a draw back position maybe we can work on a escrow account directly tide in with this application. TRUSTEE KRUPSKI: I'd rather not work on that escrow account. I'd rathe~ just find a site and let them do it. TRUSTEE BREDEMEYER: I would to. If we don't find it we will make it a duty of each Trustee to think of a possible place. TRUSTEE SMITH: I would just like to make a motion that we approve this with the stipulation that once the particular area is picked out that the Trustees will say where it goes, of that particular marsh. TRUSTEE TUTHILL: Second. ALL AYES. Board of Trustees 4 April 4, 1991 TRUSTEE BREDEMEYER: The next hearing scheduled for 7:17 p.m. It is now 7:26 is in the matter of the application of HERBERT LINDTVIET to fill property approximately two feet to raise grade to an elevation of 7.0. Property located at 625 Windy Point Lane, Southold. We can open and close the public hearing, but we also have to complete the assessment. Is there anyone here to speak on behalf of this application? Is anyone here to speak against this application? TRUSTEE SMITH: I am not speaking against it Jay, but wasn't Mr. Lindtviet suppose to come up with a mutual agreement with Mr. Burst and with the neighbor on the other side of him. That was how they were going to marriage this... TRUSTEE BREDEMEYER: We have the wedding in our possession. We have statements of Mr. Burst and Mr. Lindviet. JILL THORP, CLERK: "Mr. and Mrs. Lindviet and I discussed the plans for raising the grade to a mutual level that we agreed on after meeting with Southold Town Trustees. Signed Charles Burst." TRUSTEE SMITH: There is another neighbor on the other side also? TRUSTEE KRUPSKI: Yes, on the East side. Lindviets are the neighbor. TRUSTEE SMITH: O.K. TRUSTEE KRUPSKI: Are we still going to require that he get some guidance from the ASCS? TRUSTEE BREDEMEYER: I think that would be an option we could use in discussing this. That is something we can discuss under the assessment. TRUSTEE TUT~ILL: Motion to close the hearing. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE BREDEMEYER: Now that we are back on the regular agenda, having started with the public hearings this evening. We will set the next Trustee meeting which is scheduled for May 2, 1991 at 7 P.M. with a work session starting at six. What is your pleasure? A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to set the next meeting dates as mentioned~above. ALL AYES. NEXT FIELD INSPECTION: Thursday, April 25, 1991 at 8: a.m. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to set the field inspection. ALL AYES. I. MONTHLY REPORT: Trustee monthly report for March, 1991: A check for $4,451.90 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Board of Trustees 5 April 4, 19'91 Public notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: 1. Samuels & Steelman on behalf of ROBERT SWING request a waiver to construct an addition to existing house plus 3 decks as noted on revised survey dated as received April 1, 1991. Property located at Island View Lane, Southold. A motion was made by TRUSTEE BREDES~qrER and seconded by TRUSTEE SMITH to grant a waiv. er only for that portion of the project landward of the existing deck which is to remain, on the south side of the house. ALL AYES. 2. Samuels & Steelman on behalf of BETTY KUNKEL request a waiver to add exterior stairs to existing residence as noted on survey dated March 13, 1991. Property located at Bridge Lane, Nassau Point. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant a waiver. 3. ALBERT J. ROMERIL request waiver to replant property on Haywaters Road as shown on sketch. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant waiver to replant as shown on detailed sketch. 4. En-Consultants, Inc. on behalf of IRA GORDON request amendment to application as noted on survey' datedMarch 5, 1991. Property located at Willis Creek Drive, Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to approve the amendment to the application to be a reverse "L". The outer section will be 25' long. Wave baffles will be constructed on the outer section as well as the southerly 40' of the main dock. Two pilings will be placed within the "L" Section. And to add steps to provide access along the beach. ALL AYES. 5. Proper-T Services on behalf of ANTE GRGAS request an amendment to permit % 3865 to amend as follows: The width of the walkway is increased from 3' to 4' The width of the hinged ramp is also increased to 4'. The height of the walkway above grade at the high water mark is increased to 5'. As per plan dated March 25, 1991. Property at Holbrook Lane, Mattituck. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to approve the amendment. ALL AYES. 6. En-Consultants on behalf of WILLIAM GRIFFO request an amendment to.permit %3859 to read as follows: Construct 2 low profile timber groins. The easterly groin will be 40' in length; the westerly, 50' Each of the groins will be pre-filled with a total of 350+/- c.y. of clean sand to be brought in from an upland site. Replace Board of Trustees 6 April 4, 1991 (within 18") the lowest and intermediated bulkheads, each of which are 150' in length. Returns of 10' may also have to be replaced. Approximately 55 c.y. of sand, loam and top soil form an upland source will be used to backfill these structures. Property located at Basin Road, Southold. A motion was made by TRUSTEE B~RDE~EYER and seconded by TRUSTEE SMITH to except the amendment to the application subject to a field inspection. ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to go off public hearings and re-enter the regular meeting. 1. HERBERT LINDVIET to fill property approximately two feet to raise grade to an elevation of 7.0. Property located at 625 Windy Point Lane, Southold. After discussion a motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to grant a negative declaration, with a recommendation to contact the Soil Conservation Service to help in their drainage plans. ALL AYES. **As per phone calls on 4/5/91 the Board of Trustees unanimously approved the application of Herbert Lindviet. 2. CHARLES BURST to regrade from bulkhead back to level property. Property at 705 Windy Point Lane, S~uthold. Corey Creek. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to grant a negative declaration. ALL AYES. 3. LARRY TUTHILL request permit to construct retaining wall on private road owned by Mr. Tuthill on Peconic Bay. 1000-117-5-46. After a discussion with the neighbors of Mr. Tuthill and Mr. Tuthill a motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER SUBJECT to receiving a revised map showing the height of the road and the wall, prior to the public hearing. ALL AYES. 4. HENRY BOCZEK request to install 6' X 20' floating dock and 12' X 4' ramp and 2 mooring piles at end of existing dock. Property located at 1370 Strohson Road, Cutchogue. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER to grant a negative declaration. ALL AYES. 5. John Geideman on behalf of the PEQUASH CLUB to construct a timber bulkhead 100' long with 1-10' return. Property located on West Road, Cutchogue. On Peconic Bay. A motion was made by TRUSTEE SMITH and seconded byTRUSTEE BREDEMEYER to grant a negative declaration. ALL AYES. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to collate the old application of the NEW SUFFOLK PARK Board of Trustees 7 April 4, 1991 DIST. and the new application of the park dist. so as to complete a new application and to waive any application fees as it is a non-profit organization. ALL AYES. 6. En-Consultants on behalf of JAMES GRATHWOHL to construct a one-family dwelling, sanitary system, well, bluestone (or similar pervious)driveway. Approximately 125 c.y. of fill will be added as shown. Construct a dock consisting of a 4' X 10' fixed elevated (4' above grade) walk; 3' X 16' hinged ramp; (2) 6' X 16' floats secured by (3) 8" diameter pilings as per survey dated January 23, 1991. Property located at Williamsburg Drive, Southold. After discussion a motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to t~ble the assessment on this application until such time as Health Department approval of the sanitary system is received. ALL AYES. 7. PORT OF EGYPT request to do maintenance dredging at two boat basins and other locations along bulkheads as needed and as noted by Port of Eg!rpt on the Van Tuyl survey dated April 4, 1989. Property at Main Road, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to grant a negative declaration. ALL AYES. VI. GRANDFATHER APPLICATIONS: 1. PORT OF EGYPT request a grandfather permit to repair inkind/inplace bulkheads on the property as noted byPort of Eg!rpt on the Van Tuyl survey dated April 4, 1989. Property at Main Road, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to grant a grandfather permit based on the survey dated as revised April 4, 1989. ALL AYES. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to approve replacements of bulkheads under the Grandfather permit. ALL AYES. 2. WILBERT BOILY request a grandfather permit to repair inkind/inplace 35' of bulkhead at property located at Bayview Road, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to approve a grandfather permit. ALL AYES. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to approve replacement of bulkhead. ALL AYES. 3. RITA CURRY request a grandfather permit for a dock off of Town Creek Lane, next to Park as shown on the post card that Trustee Smith believes was taken in the 1960's. A motion was made by TRUSTEE TUTHILL and seconded by TRUSTEE BREDEMEYER. ALL AYES. VII. EXTENSIONS: Board of Trustees 8 April 4, 1991 1. REYDON SHORES Property Owners Association request an extension on permit ~480 for one year expiring on April 4, 1992 and to increase the dredging from 95 c,y. to 200. c.y. as approved by the DEC. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to grant an extension. ALL AYES. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to grant amendment as approved by DEC. ALL AYES. 2. William Moore on behalf of DANIEL MAGGIO request an extension on permit %3735 to construct one family dwelling for one year expiring June 23, 1992. Property at Wells, Road, Peconic. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to grant an extension. ALL AYES. 3. ANTHONY LEGGIO request an extension on permit %3694 to construct a catwalk, ramp and float for one year expiring on March 30, 1992. Property at 2300 Glenn Road, Southold. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant an extension. ALL AYES. 4. J.M.O. Consulting On behalf of WILLARD MAHOOD request an extension on permit ~2-88-6-1-4.3 to construct a single family dwelling with deck and driveway for one year expiring April 28, 1992. Property located on Hay Harbor, Fishers Island. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE SMITH to grant an extension. ALL AYES. VIII.MOORINGS: 1. Lawrence Blessinger request a mooring for a 29' Donzi with a 200 pound mushroom in Mattituck Creek. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to approve mooring subject to the Bay Constables approval being that Mr. Blessinger owns property right on the creek. ALL AYES. 2. Carl Volinski request a mooring for a 24' Baha sail boat with a 175 pound mushroom in Town Creek. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUSPSKI subject to Trustee Smith placing. ALL AYES. 3. Renato Starcic request a mooring for a 34' Columbia with a 50 pound mushroom in Jockey Creek. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to approve the alternate location by fidlers Island with a 200lb mushroom with aft anchor and to contact office prior to placement. ALL AYES. 4. John Bredemeyer and Jeff Goubeaud request a mooring for a 26' Moss Marine wood boat With a 100 pound mushroom in Gull Pond. Board of Trustees 9 April 4, 1991 A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to approve application to be put on the waiting list for Gull Pond. AYES: H. S~ith, J. Tuthill, A. Krupski Abstain: JJ Bredemeyer. 5. William Barren request to be put on the waiting list for a stake in Narrow River for a 8' row boat. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to approve for t~e waiting list. ALL AYES. 6. Francis Ulicny request to be put on the waiting list for a stake in Narrow River for a 14' row boat. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE TUTHILL to approve application for waiting list in Narrow River. IX. RESOLUTIONS: 1. Capital Projects: East Road project, Board to send resolution to Town Board to include this project in the Capital budget. Southold Trustees request that the Town Board consider as a capital project the re-excavation of Trustee lands at the terminus of East Ro~d, Cutchogue in general conformance to work plan at, present, John Bredemeyer dated September 18, 1990 and preliminary non-binding estimate voluntarily submitted by Latham Sand and Gravel. Note that the Board will consider ten moorings in that area. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE TUTHILL to send a memo to the ToWn Board. ALL AYES. 2. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI that all,permit extensions require a non-refund~ble ten dollar fee to cover the processing and recording of all extensions. ALL AYES. On a motion made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL the meeting was adjourned at 8:55 P.M. ALL AYES. Respectfully submitted by: ~d gf Tru~[ees RECEIVED AND FILED BY TP~ SOUTHOLD TOWN Cr.~.RK / To~ Clerk, o~. ~f9f ~thcthold