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HomeMy WebLinkAboutTR-05/02/1991 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 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 MAY 2, 1991 PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice-President Albert J. Krupski, Jr., Trustee John L. Bednoski, Jr. Trustee John B. Tuthill, Trustee Jill M. Thorp, Clerk WORKSESSION: 6:00 PM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE Board Meeting: Thursday, June 6~ 19.91 at 7P.M. Worksession 6:00 P.M. NEXT TRUSTEE FIELD INSPECTION: Thursday, May 30, 1991 at 8:00 AM I. PUBLIC NOTICES: PUBLIC NOTICES ARE POSTED ON THE Town Clerk's Bulletin Board for review. II. ~ENDMENTS/WAIVERS/CHANGES: 1. HARBOR LIGHTS CANAL ASSOCIATION request to amend permit $3832 to extend the existing bulkhead an additional 67' and construct a 24' timber return. Located Bayview, Southold. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER to approve amendment whereas the scope of the project is minor compared to the intial permit. (fees to be amended) ALL AYES. 2. CHARLES BLEIFELD re~est a waiver to construct house as noted on revised survey April 4, 1991. The Trustees granted a waiver to construct a house on October 2, 1990. The revised structures still remain in equal distance away from the wetlands as flagged by the DEC. Located Orchard Lane, Southold. Board of Trustees 2 May 2, 1991 Revision are more than 45 feet therefore are still within the previously approved waiver and all condition of that waiver still in effect. (no resolution needed). 3. JOHN PARRATT request a waiver for a deck attached to home that was built 11 years ago as applicant is trying to get a certificate of occupancy from the Building Department. Located Cedar Lane, East Marion. A motion was made by TRUSTEE TUTHILL and seconded by TRUSTEE KRUPSKI to approve waiver. ALL AYES. 4. WILLIAM SCHENONE request waiver to construct a single family dwelling, attached decking and swimming pool. Located at Westphalia Ave., Mattituck. Possible Non-Jurisdiction. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE KRUPSKI to grant a waiver on the house and request a full application on the pool and deck. ALL AYES. (After another inspection and further staking at a later date, it was determine that the house, deck and pool where all out of jurisdiction. A waiver was given for entire project.) ALL AYES. 5. Costello Marine on behalf of FREDERICK COWAN request amendment to permit ~60 to add two 2-pile dolphins to the existing dock. Located Fox Hollow Road, Mattituck. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE TUTHILL to grant amendment. ALL AYES. 6. JAMES MCMAHON on behalf of SOUTHOLD TOWN.request a waiver for the following projects: 1. Replacement and repair of bulkhead at Klipp Park, Gull Pond. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to waive any jurisdiction the Trustees might have. ALL AYES. 2. Construct Boat Ramp on Southold Trustee property on Mattituck Creek. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to grant waiver. ALL AYES. 3. Replace asphalt boat ramp with a concrete ramp at Parker's Landing, Richmond Creek. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to grant waiver. ALL AYES. 4. Road drainage project, Cedar Drive, Goose Creek. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant waiver. ALL AYES. 7. THOMAS GRALTON request an amendment to permit #3845 to amend dock as per NYSDEC request as shown on survey dated as received May 1, 1991. Located at Stillwater Ave. Cutchogue. Board of Trustees 3 May 2, 1991 A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BEDNOSKI to grant amendment. AYES: SMITH,BEDNOSKI,BREDEMEYER, TUTHILL. ABSTAIN: KRUPSKI III. PUBLIC HEARINGS: A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to go off the.regular meeting agenda and onto the public hearing. 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 FOR THE 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: FIVE (5) MINUTES OR LESS, IF POSSIBLE TRUSTEE BREDEMEYER: 7:21 P.M. - In the matter of the application of CHARLES BURST to regrade from bulkhead back to level property. Property located at 705 Windy Point Lane, Southold on Corey Creek. Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? Trustees? CAC has non had a chance to reply on this one. If there are no further comments, I make a motion to close the hearing in this matter. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE KRUPSKI: I make a motion to approve this application. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: The next hearing scheduled for 7:16 pm, it is now 7:23 is in the matter of the application of HENRY BOCZEK 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. Is there anyone here who wishes to speak on behalf of this application? Anyone here who wishes to speak against this application? Trustees? TRUSTEE KRUPSKI: We inspected it. It is a real straight forward affair. TRUSTEE BREDEMEYER: O.K. Any further comments? There being none, I will take a motion to close the public hearing. TRUSTEE BEDNOSKI: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE KRUPSKI: I~ make a motion that we approve the application of Henry Boczek. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: The next application is scheduled for 7:17 pm in the matter of the application of John Geideman on behalf of the Pequash Club to cons~rucu a timber bulkhead 100' long with 1-10' return. Property located on West Road, Cutchogue, on Peconic Bay. Is there anyone here who wishes to Board of Trustees 4 May 2, 1991 speak on behalf of this application? Anyone here wish to speak against this application? Trustees? CAC disapproved- wanted natural vegetation. I think we went through that when we did the assessment. The neighbors are on for assessment later on, New Suffolk Park District. We previously had held in obeisance because we where concerned about there structure negatively effecting Pequash. TRUSTEE KRUPSKI: We explained that to them also. In fact we had convinced them that this was a good idea. TRUSTEE SMITH: That beach was piled up by dredge before. TRUSTEE KRUPSKI: That is there discission. It is a recreational area. TRUSTEE BREDEMEYER: O.K. There being no further comments, there has been lengthy discussions between the Board and the applicants. There has also been discussion with the neighbor concerning the project. This is a membership climb and the neighbor is a public park district, so I think under the circumstances we have informed them of our concerns. The possibility that there may be a negative impact on this. I think that that is all we can do at this point. Hearing no further commen~s, I will take a motion close the hearing. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE SMITH: I make a motion to accept and approve the application. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: 7:28 - In the matter of the application of PORT OF EGYPT to maintenance dredge two boat basins and other locations along bulkheads as needed and as noted by Port of EgyPt on the Van Tuyl survey dated April 4, 1989. Property located off Main Road, Southold. Is there anyone here who wishes to speak on behalf of this application? Is there anyone here who wishes to speak against this application? Trustees? TRUSTEE SMITH: This is all in the bounds of the Marina. BRUCE LOUCKA: Where is the dredge material going? TRUSTEE BREDEMEYER: We required that the dredge material be used on the immediate areas behind the bulkheads where they have wash outs and not go in a previously designated spoil area across the road where we have had some wetlands filled. They didn't want to get involved in a lengthy hold up because of the spoil site. TRUSTEE SMITH: I make a motion that we closed the public hearing on Port of Egypt. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: Motion to approve. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: With respect to the term o~ the permit, does the Board want to consider a supplemental resolution to allow maintenance dredging to run concurrently with the Army Corp. and DEC Permits. TRUSTEE KRUPSKI: We should. TRUSTEE SMITH: I would say where this is a commercial marina. I make a formal resolution that in the matter of Port of Egypt maintenance dredge project of the two boat basins and other Board of Trustees 5 May 2, 1991 location along the bulkhead that there maintenance permit run concurrently with the Army Corp. permit, which I believe is a 10 year maintenance permit, only for the land located inside the commercial marina inside of Port of Egypt. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: I request that the clerk find the exact expiration date for the Army Corp. permit in mailing out our approval and that we establish a time file. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE KRUPSKI to go back onto the regular agenda. ALL AYES. TRUSTEE BREDEMEYER: IV. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: i. Glenn Just on behalf of LEONARD LANG to install two 6' X 20' floats and a 3' X 12' ramp at an existing docking facility. Located Budd's Pond, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to grant a negative declaration. ALL AYES. 2. RENATO STARCIC to construct a 4' X 82' fixed elevated pier. Install 3 mooring pilings as per survey dated April 18, 1991. Located off Oaklawn Ave., Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to accept the amended survey dated April 18, 1991. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to grant a negative declaration. ALL AYES. 3. Glenn Just on behalf of ROBERT GOTTLIEB request to construct 6' X 8' ramp leading to a 6' X 80' fixed dock. 6' X 8' ramp shall be constructed landward of MHW with fixed dock constructed 4' overgrade. Located on Robinson Road, off Bayview, Southold. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to grant a negative declaration. ALL AYES 4. Glenn Just on behalf of JOSEPH SPITALIERE to install 6' wide gravel walkway, construct a 4' X 299' timber catwalk which shall be constructed 4' over grade of wetlands to install a 8' X 12' swim platform which shall be secured by an anchored mooring and to amend application to state that no disturbance will be made to the existing collapsed drain line. Located Robinson Road, Southold. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to approve amendment. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to grant a negative declaration. ALL AYES. 5. En-Consultants on behalf of PAOLO LAVAGETTO to construct a timber dock consisting of a 4' X 130' fixed elevated (maximum 3.5' above grade of marsh) walk with ramp up landward end; 4' X 14' hinged ramp; (2) 6' X 20' floats secured by (3) Board of Trustees 6 May 2, 1991 pilings. Located.corner of Broadwaters Drive and Mason Drive, Cutchogue. A motion was made by TRUSTEE BEDNOSKI and seconded TRUSTEE SMITH to grant a negative declaration. ALL AYES. 6. MARK MCDUFFEE request to remove 20' of existing fixed dock, replace with 3' X 12' ramp and a 12' X 20' float - build a 15' X 7' platform. Located at Nassau Point Road, Cutchogue. After a discussion about platform, a motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to issue a negative declaration. The Board is going to request that the platform be removed. ALL AYES. 7. En-Consultants on behalf of IRA GORDON to construct a one-family dwelling, deck, pool, sanitary system bluestone or similar pervious driveway. Approximately 750 c.y. of fill will be trucked in from upland source. To construct a fixed "L" dock consisting of a 4' X 100' long. Wave baffles will be constructed on the outer sections as well as the southenly 40' of main dock section. Two pilings will be placed within the "L" section. To construct steps within the inter-tidal area to provide access along the beach as per revised plan dated March 5, 1991. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant a negative declaration. ALL AYES. 8. John Geideman on behalf OF CUTCHOGUE/NEW SUFFOLK PARK DISTRICT to construct 80' of timber bulkhead with a 15' return. Located at the corner of West Road and fleets Neck Road, Cutchogue. After a discussion with concerned citizens and among themselves,(a Mr. Dubon spoke against project) a motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to table this application in order to communicate with the applicant directly and to make sure the file is complete. ALL AYES. V. RESOLUTIONS: 1. Board to set public hearings for the June 6, 1991 regular meeting. A motion was made by TRUSTEE SMIT~ and seconded by TRUSTEE KRUPSKI to set the public hearings on the applications that have been granted a negative declaration. ALL AYES. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to set Ciccilino's for a public hearing subject to Planning Board approval. ALL AYES. 2. Board to review the report of consultant Bruce Anderson with regard to the subdivision of Charles Lewis. Located Lighthouse Road, Southold. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER to accept the report. ALL AYES. Board of Trustees 7 May 2, 1991 3. Docko, Inc. on behalf of ROCKY LEDGE, INC. request a grandfather permit to reconstruct dock inkind/inplace as per plan dated March 8, 1991. Located on Fishers Island. A motion was made by TRUSTEE TUTHILL and seconded by TRUSTEE KRUPSKI to approve grandfather permit. ALL AYES. 4. Glenn Just on behalf of JOSEPH SPITALIERE request .an extension on permit % 3742 to construct a 4' X 30' catwalk, 3' X 8' ramp, 6' X 20' float, install 12 pilings, for one year expiring June 22, 1992. Property located at Orchard Lane, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to approve extension. ALL AYES. 5. Monica Bricelj on behalf of SEA GRANT request an extension on permit %3843 to restrict activity on up to 30 small 3' X 6' experimental shellfish plots on Long Beach Bay (Hallocks Bay) bottom for up to November 1, 1991. After a discussion a motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to extend the permit from May 1, 1991 to September 1, 1991 conditioned on receiving information on the current standing crop of scallops and request copy of previous reports. ALL AYES. VI. MOORINGS: 1. ANTE LONIC request mooring in Goose Creek for a 26' inboard/outboard with a minimum of a 100lb mushroom. A motion was made by TRUSTEE SMITH to approve application. ALL AYES. 2. MICHAEL MULHERN request mooring in East Creek for a 12' row boat with outboard with 251b mushroom. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to approve application. ALL AYES. 3. MICHAEL ZAHRA request mooring in James Creek for a 20' Regal, inboard/outboard with offshore mooring (1501b) and aft mooring with offshore stake. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to table this application to get more information. ALL AYES. 4. MICHAEL REICH reques~ mooring in Canoe Inlet (Cedar Beach Park) for a 15' outboard with offShore stake with pulley to onshore stake to access from deeded ROW. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE KRUPSKI to approve application. ALL AYES. 5. JAMES NEKERMAN request mooring in West Creek for a 14' row boat for a offshore stake with pulley to onshore stake. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to approve application. ALL AYES. Board of Trustees 8 May 2, 1991 6. RICHARD BUTLER request to be put on waiting list for Gull Pond for a 35' Chris Craft, inboard, Mushroom anchor. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE SMITH to put application on waiting list. ALL AYES. 7. STUART WECHSLER request mooring in Howards Branch of Mattituck Creek for a 27' Sea Ram, inboard, with mushroom anchor as Trustees see fit. This application was table from last year, but is not in a problem area of the creek. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to approve application with a 150lb mushroom. 8. ANTHONY DIVELLO request moorlnq in Howards Branch of Mattituck Creek for a 22' Bay Liner with a mushroom anchor as Trustees see fit. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE BEDNOSKI to approve aDplica~ion ~n ~ ~001b mushroom. A motion was made by .............. :~ seconded by TRUSTEE BEDNOSKI to adjourn 8:20 PM The follcwinq resoiu~ion ~.~as approved unanamously by the Southold Tc;vn Board of Trusuees au their reqular meeting of Thursday, [.lay 2, 1991 on a motion made by P~esidenE, John M. Bredemeyer, III and seconded by Vice-president, Henry Smith: WHEREAS, the Town Trustees are empowered under the Andros Patent and the N.Y.S. Laws of 1893 to manage, lease and convey Town lands underwater (Trustee lands); and WHEREAS, the Code of Southold Town in Chapner 32 Entitled "Boa~s Docks and Wharves" requires persons to secure a permit from the Trustees if they wish to remove "sand, gravel or other materials from lands under Town waners"; and WHEREAS, the code of Southold Town in Chapter 77 entitled "Shellfish" requires that "all lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish"; and WHEREAS, the Town shellfish ordinance permits a practice called churning under 77-205C (page 7707), which although undefined, is commonly seen as a practice where the propeller wash from a boat or boan motor(s) or a mechanical device is used to displace shellfish and shellfish bearing soil strata to facilitate shellfish harvest; and WHEREAS, unpracticed for years, a recent poorly controlled episode of churning resulted in excess of 150 cubic yards of publicly owned shellfish habitat to be displaced and lost from the near shore environs of Goose Creek, Southold (supplemental report of President of the TrusEees dated April 21, 1991) in contravention with the intent of the aforementioned code sections; and Bo'ard of Trustees 9 May 2, 1991 WHEREAS, the habitat loss from this churning episode is viewed as at least 100 times more damaging to the environment than the hand harvesting of shellfish noted in the area therefore; be it RESOLVED that the Southold Town Board of Trustees are opposed to churning and request the Town Board to repeal Town Code Section 77-205-C (page 7707) where such a practice was found to be very damaging to the environment. And the Trustees note that such a change would bring Town Code Section 77-205-C in conformance with the NYS Tidal Wetlands Regulations concerning acquaculture which "may not be-conducted by means of dredging". Also be f.t, RESOLVED that the Southold Town Board of Trustees move that agriculture, mariculture and acquaculture and shellfishing may not be conducted by means of churning/power dredging of Trustee lands except that shellfish may be possessed as a by-catch to permitted dredge operations under Chapter 97 (wetlands) unless otherwise prohibited by law; AND that public "Trustee" lands underwater starting at mean high water to a depth of 5' (five feet) below mean low water shall not be considered properly restored if they are found to have in excess of 5" (five inches) deep holes, ruts or mounds at variance from the natural sub-marine grade in the area; and RESOLVED that anyone not restoring shellfish lands in conformance with the aforementioned guideline shall be charged by the Bay Constable with violating 77-209B (restoration of shellfisk lands); AND, be it RESOLVED any person, group of persons or corporation having removed without restoration or permission more than 1 cubic yard of material from Trustee lands for any purpose whatsoever in any one tidal cycle, shall be charged by the Bay Constable with a violation of Town Cod~, Chapter 32 and 97 wherein permits are required for operations on Trustee lands and Town Controlled wetlands and where the wetland permit exclusions for conservation and shell~ishing are deemed inappropriate in that excessive damage without restoration has occurred; AND be it RESOLVED that the Trustees shall upon written request consider any reasonable request to review the suitability for use on public lands of new shellfish catchment gear; AND be it RESOLVED that the Town Attorney is encouraged to review the entireny of this resolution to propose additional amendments to the Town Code if necessary; AND be it RESOLVED that the Bay Constables are encouraged and empowered to take firm and decisive action to enforce all Board of Trustees 10 May 2, 1991 applicable Town Code Sections dealing with Trustee lands and that wherein seemingly conflicting code language is found to exist prompt notification of the Town Trustees is mandatory; AND and be it RESOLVED that due consideratfon in enforcement be given to current community values and shellfish harvest practices but that anyone who continues to conduct any operation damaging~to 'Town underwater public lands be asked to leave immediately or shall be physically removed and charged with all applicable Town Code Sections in addition to any appropriate criminal charges for trespass or disorderly conduct. Respectfully submitted by: · Thorp, Clerk ~Board of Trustees RECEIVED AND FILED BY THE SOUTH~LD TOWN' ~'~'.~[ DATE F/~/~ / HOUR ~.',..// Town Clerk, Town ~f ~6uthold