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HomeMy WebLinkAboutTR-07/11/1991 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, 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 PRESENT WERE: MINUTES JULY 11, 1991 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 P.M. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, August 1, 19~I at 7 p.m. Worksession: 6:00 p.m. NEXT FIELD INSPECTION: Thursday, July 25, 1991 at 8:00 a.m. I. MONTHLY REPORT: Trustees monthly report for May 1991: A check for $2,946.16 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. J.M.O. on behalf of JOSEPH SPITALIERE request amendment to relocate dock as noted on the survey. Located off Orchard Lane, Southold. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE SMITH to approve amendment. ALL AYES. 2. RICHARD SNOW request amendment to permit number 9--189-55-7-3 to add a sitting area to the catwalk as noted on sketch. Property located at Long Creek Drive, Southold. Board of Trustees 2 July 11, 1991 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to table the application pending a field inspection. ALL AYES. (Mr. Tuthill left room). 3. THOMAS GRALTON request amendment to permit $3845 to add a float and ramp to the existing dock as noted on the survey. Located at Stillwater Ave. Cutchogue. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE SMITH to table application pending a field inspection and to notify neighbor. AYES: BREDEMEYER, BEDNOSKI, SMITH. ABSTAIN: KRUPSKI. 4. John Smits on behalf of THOMAS MCKEON request waiver to construct addition to existing house as per survey, Located at Haywaters Road, Nassau Point. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER to approve waiver. ALL AYES. 5. Samuels & Steelman on behalf of LAWRENCE J. CERVON request waiver or permit to add onto existing residence and relocate existing septic tank and stozm drain rings as per survey dated June 14, 1991. Located Peconic Bay Blvd., Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to grant waiver. ALL AYES. 6. SUSAN EGAN - request amendment to permit $1602 to add the following names as they have deeded access over the ROW: Michael and Susan Egan Edward and June Gibson Edgar and Evelyn Jahn This permit is for a dock, float and ramp currently in the name of Andrew Pitre for Dan Argentieri. Property located on Mattituck Creek, Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI approve amendment. ALL AYES. IV. PUBLIC HEARINGS: A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to go off regular agenda and go to public hearings. THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FORM THE LONG ISLAND TRAVELER-WATCPE4AN. 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 7:15 P.M. - In the matter of the application of John Geideman on behalf of CUTCHOGUE/NEW SUFFOLK PARK DISTRICT to construct Board of Trustees 3 July 11, 1991 80' of timber bulkhead with a 15' return. Located at corner of West Road and Fleets Neck Road, Cutchogue. Is there anyone here who wishes to speak on behalf of this application? RICHARD LARK: Richard Lark, Main Road, Cutchogue on behalf~of the Cutcho?ue/New Suffolk Park District. The bank has gone down a good 2-3 if not more. It continues to erode. Every landscape Architect that they have had says that plantings under that set up would be undert0wed with the steepness of it. It is just a waste of money. So you have to have some stabilization at the bottom in order to get a proper grade to do a landscaping job there and make it an attractive situation. It is respectfully requested on behalf of the Park District that you grant their applicationi The DEC is waiting for your approval. They have just issued their permit fozmally to the Pequash Club and they are waiting your action. I check on it the other day. Thank you. TRUSTEE BREDEMEYER: Is there anyone else who also wishes to speak on behalf of this application? WALTER KRUPSKI: Good evening. My name is Walter Krupski. I live in Mattituck. I serve currently as the President of the Pequash Recreation Club Incorp. in Cutchoque. Neighbors to the Cutchogue Park Districti I am here tonight on behalf of the executive committee and the membership of the Pequash Club to ask that this application be approved. As Mr. Lark has noted before, our application has been approved and we intend to go forward with our bulkhead and we think prudent on behalf of the Cutchogue Park Disfrict that their bulkhead go through as well. Most notably because of the protection of the bluffs and the property behind the bluffs. Any consideration you can give would be appreciated. Thank you. TRUSTEE BREDEMEYER: Is there anyone else who wishes to speak on bekalf of this application? Is there anyone here who wishes to speak against this application? CHARLES RAUSCH: My name is Charles Rausch. I live on Pequash Avenue. My wi~e and I and a lot of our neighbors, senior citizens, find this beach very convenient to walk down. Walk down a slope of sand put a chair on the beach and sit there. They are going to put up a bulkhead, whether it is 3 or 4' high, you are going to have a balcony there. Where you are going to sit up in the air. You won't be able to sit up on the beach at all'. I don't get the logic of putting this thing there in the first place. The beach has been this way for three years. I was just down there before I came here. Nothing has washed away since last year. Shrubbery, it is the same wild shrubbery that has been there for 20 years that I know of. The man talks about a stairway, you are going to have to have a stairway someplace. The bluff is the same height all the way across. Where are they going to put the stairway? Without stairway to the top of the bulkhead, there is no way down to the water. The Pequash Club put in their bulkhead, very good. Nothing happens. I don't know why we have to put one on our beach. The beach has not eroded, in my opinion, in years. It is convenient the way it is. The parents can bring their kids Board of Trustees 4 July 11, 1991 down, sit on the beach, sit near the water. They are not on top of the dock. I am apposed to it. Thank you. TRUSTEE BREDEMEYER: Is there anyone else who wishes to speak against this application? BERNARD DEMPSEY: My name is Bernie Dempsey. I am President of the Fleets Neck Property Owners Association. I believe you have a letter on file. I'll read it. Basically the letter says that the directors-(the letter is dated May 15, 1991) and the Trustees of the Fleet's Neck Property Owners Association are opposed to the installation of bulkheadingby the above applicant. Our opposition was stated in our letter of September 27, 1989, and was supported by your board when the application was denied on October 5, 1989. Our convictions have not altered since then. Experience has shown the negative effects of bulkheading. fact, the amount of usable beachfront has been greatly diminished since a bulkhead was established east of the applicant's location. In We support their efforts to stabilize the area through the use of plantings and replenishment of beachfront by the deposit of dredge material removed from nearby creeks. Additionally, we would like to express our disappointment over your decision to grant a pez~,it to the Pequash Club to erect a bulkhead adjoining ~he Park District property. We believe alternate means of protecting the area, as stated above, should have been. pursued~ We recognize the precarious position that the Pequash Club is in and we recognize that something has to be done to remedy their situation. I have the support of the negative effects of bulkheading. Not being an expert in this field, I have a picture of the beach front, back from 1972, along this particular property. Board reviewing picture. BERNARD DEMPSEY: ...there was very little bulkheading along the beach front. As you will note there was quite a bit of beach front available for walking. You can't walk along.that beach unless it is extremely low tide. The effect of bulkheading along that whole beach front has diminished the amount of beach front property. Our concern is that we recognize that there is a need to remedy this situation, but we don't believe a bulkheading will solve the problem. TRUSTEE SMITH: This beach was put here by dredge spoil. TRUSTEE BREDEMEYER: From doing East and Mud Creeks. O.K. Is there anyone else who wishes to speak against this application? BRUCE LOUCKA: Do you have our comments? (CAC). TRUSTEE BREDEMEYER: Yes. From the first application where against and wish to have planting or other stabilization which we then requested the Park District to investigate further. TRUSTEE SMITH: They tried that. BRUCE LOUCKA: We are still against it. Board of Trustees 5 July 11, 1591 TRUSTEE BREDEMEYER: The CAC specifically requested disapproval. "There was no need shown. Bulkhead may destroy beach front suggest stabilization of bluff to keep people off bluff to prevent erosion." These were matters that we have also discussed during the environmental declaration in leading to the negative declaration the Board felt that giving the size of the Park District property, it was not really practical to entirely plant or control the area where the park had gone to a local professional in that field who had been more than willing to sell the district plantings had he had any hope of them surviving. I don't want to talk further. Is there anyone else who wishes to speak for or against this application before we conclude the hearing? Yes. THOMAS SHALVEY,JR.: My name is Tom Shalvey, Jr. I am a resident of Cutchogue and I am also Park Commissioner for the Park District. This woman said that there was before that there was no erosion. In the past two years I had to higher a contract to come in and extend the legs on the stairs because the sand has washed up almost two feet from below the stairs. Plus we lost on the back of the bluff where the stairs are anchored down. We will extend that next year when we take the stairs down. They are getting really shaky now because so much of the sand has washed from underneath them. TRUSTEE BREDEMEYER: O.K. Thank you. Is there anyone else who wishes to speak on this now? Mr. Tuthill? LARRY TUTHILL: I am Larry Tuthill the contractor. I would just like to note that there are bulkheads along that beach that have been there for many many years. We are talking prior to 1960, before the County came in and dredged and built up the beautiful beach that is there now. The closest you have is 1972 if you reduced the photograph to about 1958 you would see all the bulkheads that where there prior to that. This photograph probably will not show them, but they where there. They where covered over by this dredge material. You may have a hard time noting that they where there. TRUSTEE BREDEMEYER: Thank you. Is there anyone else who hasn't spoken yet to this application who wishes to speak at this time? Any further comment with respect to this application? RICHARD LARK: I wanted to make one just to clarify the point for some of the objections. The stairwell that would be re-installed, if the Board grants the permit for the bulkhead will be, see also being a park district we have to service the handicapped. The conu~ents although well meant, you can't keep the public off the bluff. What we are going to do is to crea~e a staggered stairwell. It will come down like in an "L", so that the handicapped will have access to that beach. The only stairs if you would, we are going to try to keep it as low as we can, would be from that portion of the bulkhead to the actual, where the water is. Other than that they are going to create a staggered stairwell so they don't have to keep replacing it. They will build it right into the hill. It will be sort of like an inverted "L" type of an arrangement, if you would. Down make a turn and go down that way it would be built right in. The landscaper said that once he has it stabilized and some decent Board of Trustees 6 July 11, 1991 soil there he can go ahead and do an attractive planning job. Which will further stabilize it at that point, because hopefully the plantings will keep the people, especially the kids, from running up and down the bank. TRUSTEE KRUPSKI: I have a question about that. You just said that of course you can't keep the kids off the bank which is understandable. But if they do plant, how will they keep them off the plantings again? RICHARD LARK: If you use low lying Junipers and stuff like that there are not going to be in there with their little bare feet and you will have the stairwell that won't go up the way it is now, sitting high up in the air. It will be low lying. That has been another problem. They have to make these beach accessible to the handicapped under the law. TRUSTEE BREDEMEYER: We would anticipate an application for the stairs or change in that at that time? RICHARD LARK: Yes. The first thing was to get the bulkhead and get the thing stabilized and get everything planted and then come back with a stairwell application because it is within zone area there. TRUSTEE BREDEMEYER: O.K. Are there any further comments? Mr. Rausch? MR. RAUSCH: Yes, I have listen to this expert testimony from various contractors and landscapers. No one has answered the question as the where will the beach be. Are we going to sit on top of this bulkhead and look down into the water? When you go into the water are ~ou going to have to jump off into the water? No one has answered that question. All the concern is about is plantings. There has been plants there for years. The kids don't run there. I am down there every day. They have a park there with swing a merry-go-round and what not, they are not running on top of that beach. I really don't get this. TRUSTEE BREDEMEYER: O.K. Is there anyone else who wishes to speak of this? Then I think we would like to rap the hearing up on this one. We are starting to repeat testimony. BERNARD DEMPSEY: I just want to c~L.~ent in regards to the issue of beach erosion and replenishment. If you go down to 'that beach right now and you look east of Park District where the road ends there, you will notice considerable build up in the last couple of years. That has been caused by a jetty to the east of the park district. The beach has be replenished with several amounts in the last few years. I don't get the argument about beach erosion. If you take a look at that you can see a dramatic effect of that jetty. Just east of the jetty there is no beach. TRUSTEE BREDEMEYER: Thank you.. If there are no further coL~,,ents. LARRY TUTHILL: If reference to comments on beach erosion. I think probably in time or so they had to dredge out the entrance to Broadwaters Cove. One of the hardships they had was where to put the dredge spoil that would best suite the ~ommunity. I think this area... TRUSTEE BREDEMEYER: The Board has already received request for spoil for that area and we are well aware of it. This would be a Board of Trustees 7 July 11, 1991 priority area for spoil. Thank you. Being no further comments, I'll take a motion to close the public hearing in this matter. TRUSTEE SMITH: A make a motion that we close the hearing. TRUSTEE TUTHILL: Second ALL AYES. TRUSTEE SMITH: I make a motion that we approve this application with the tie into the Pequash Club on the west end and on the east end that they put a 15' return. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE BREDEMEYER: The next hearing (7:35) is in the matter of LEONARD ROSEN request permit to construct a timber dock consisting of 4' X24' fixed elevated (4' above grade of marsh) walk (including inclined landward section) 4' X 14' hinged ramp; 6' X20' float secured by 2 pilings. Structure is to be at least 5' from property line. Located at 3145 Main Bayview Road, Southold. Is there anyone here who wishes to speak in favor of this application? ROY HAJE: The applicant had sent a letter in or a request in addition to the application of the dock which pertain to the rear yard area. Is that part of this. TRUSTEE BREDEMEYER: It was included as part of it as a discussion under the environmental assessment. We indicated that we would like a fifty foot buffer. ROY HAJE: In addition to commenting on the dock, I would like to add my comments to that aspect of it. The dock of course I would reflect your approval with 5' in from the property line. It has to be prett~ tight to the north, because as you can see the cove doesn't extend to deeply into the property. We have to keep it as far to the north or it won't be useful. Regarding the comments on the 50' buffer area. I would hope that you would be able to release and my reasons for that are several. The house as shown is almost 62' from the high water line. If the 50' where uphold there would only be maybe 10' of useable backyard area. There is very little useable front yard area. The house is about 35' from a busy road. Plus a lot is taken up with the parking area. A large portion of this lot is taken up with Phragmites. Even if you where to cut it down and maybe a 'foot or two it would be essentially unreasonable because of that stubble around. In addition if it is not kept down there is going to a hazard with ticks. There are other parcels in the area that have a buffer area with maybe ten to fifteen feet. ...something more in the area of 20' back from high water which would still be in excess of most of those other parcels. The way we set up the dock with the 24' walk, it would span a 20' buffer area but would not span a 50' area. You couldn't get to it. He would be willing to forgo a sod lawn if he could put in something that woUld flatten it out, get rid of the Phragmites he would be more than willing to leave area grow with even grab grass. Something that would not be fertilized or insecticide, just to have somewhat larger back yard area. TRUSTEE SMITH: What is underneath that Phragmites bog? Is it a solid bog there or? TRUSTEE KRUPSKI: A mineral soil? Is it organic or mineral soil? Board of Trustees 8 July 11, 1~91 ROY HAJE:' I don't know off hand. I would expect there be some bog. How deep the bog is, I really don't know. TRUSTEE KRUPSKI: 'One of the problems we have is because of the neighbor to the East. We have a fifty foot buffer on him and that has been violated before. I believe the violation was cleared by just letting it re-vegetate itself. ROY HAJE: Is that the one that is shown as Magazlen on the... TRUSTEE KRUPSKI: No on the other side. TRUSTEE BREDEMEYER: Schuler/Baxter. Previously the Board had adopted to treat both lots the same since they are essentially mirror image lots on that canal and we had a adopted a fifty foot buffer in response to de-vegetation and problems. Before the Town right-of-way was improved there was a lot of overland discharge'of highway runoff that was directly getting into the creek. We are trying to protect the area a little bit more with a buffer area. The Town Highway Department did do some improvements to the drainage. It is not a good situation, how it was. You are saying he is willing to go with something other then turf lawns, so maybe the Board can consider that in their approval. ROY HAJE: Yes. To leave it in a spot or situation where it will not require fertilizers. Just so it can be usable. TRUSTEE BREDEMEYER: Will he be willing to go with some kind of a beach landscape or he can go with sand or material that would be actually not have much plant material at all. ROY HAJE: He is concerned about ticks. TRUSTEE KRUPSKI: I think if they are that concerned about ticks, that they should be outside at all. ROY HAJE: How are-you going to stop the kids? TRUSTEE KRUPSKI:~ If you have a 10' yard or a 50' yard you are still not going to keep the kids on the yard. I don't think the ticks are going to set the boundary for us here. The thing is that we can't say O.K. you can put in a non-fertilized lawn but if there is bog there, I don't think you are going to have any success. Granted I don't see a problem with a little bit larger area, living space wise. I think we have to work with the situation and conditions that are existing on site. TRUSTEE BREDEMEYER: Maybe we could conclude the public hearing if there is now one here to speak against the application. Possibly this would be better handled with a separate landscape plan or a more specific return to the Trustees to deal with a more specific basis step. That is just a thought. Do you have any more comments? TRUSTEE KRUPSKI: You now what I am saying though Roy? As far as why it can't grow there. If you just cut the Phragmites and it is only bog underneath... ROY HAJE: I really don't know if it is a shallow enough bog that you can skim it off and have something or if it is very deep, I don't know. TRUSTEE SMITH: This public hearing is on the dock? ROY HAJE: Also on the buffer area? TRUSTEE KRUPSKI: Yes. TRUSTEE BREDEMEYER: Is there any other comments? Board of Trustees 9 July 11, 1~91 BRUCE LOUCKA: I think the CAC approved the dock, but we didn't have anything on the buffer. TRUSTEE BREDEMEYER: That came in on as a side thing and we decided that we were going to ~reat it as the original application. At this point I will take a motion to close the public hearing. TRUSTEE KRUPSKI: So moved. TRUSTEE BEDNOSKI: Second. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BREDEMEYER to approve the dock and 50' buffer area. The applicant can come in with a landscape plan and ask for an amendment. ALL AYES. TRUSTEE BREDEMEYER: O.K. The next public hearing was scheduled for 7:17 p.m. It is now 7:46 in the matter of the application of JAMES KLEIN request permit to combine two pre-existing, single and separate residential building plots in order to expand existing dwelling. Expansion will include 30' X 40' living area and 10' X 60' deck. A 110' timber retaining wall and 20' retaining wall will be back filled with 500 c.y. clean material to match existing grade at road on east property line~ Applicant also proposes to install a vegetative buffer of native upland shrubs between TWL line and timber retaining wall. (Shrubs to be planted on 6' center and well include: Bayberry, Beech Plum, Rosa Rugosa. Located East Legion Road, Mattituck. The CAC had approval with stipulations. Is there anyone here who wi~hes to speak on behalf of this application? I think there was a request to move the sanitary system. BRUCE LOUCKA: If Possible. TRUSTEE B~RDEMEYER: O.K. Is there anyone here to speak against this application. We have received comments from the CAC. The Board performed a site and inspection and is pleased that there was a merger of two building lots into one and actually included an environmental plan~ing so the impacts to the environment where substantially improved in a positive way. Any further comments from the members of the Board? There being none, I take a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE SMITH: I make a motion we approve this application. TRUSTEE TUT~ILL: Second. ALL AYES. TRUSTEE BREDEMEYER: Does the Board wish to include a side letter to the applicant that they consider moving the sanitary system as part of the construction. It wouldn't binding. It would just be a request. TRUSTEE KRUPSKI: Absolutely. TRUSTEE BREDEMEYER: 7:18 p.m. is the time scheduled in the matter of Costello Marine on behalf of RICHARD FRAKER to construct 4' X 90' timber dock, 30' X 20' aluminum ramp, 8' X 24' timber floating dock, (2) 2-pile dolphins. Located Knollwood Lane, Mattituck. We h~ve comments from the CAC. To approve the application subject length necessary only for meeting navigable wa~er depths to keep the distance out from the Board of Trustees 10 July 11, i991 shore line a minimum. Is there anyone here who wishes to speak on behalf of this application? SUE LONG: Sue Long, Costello Marine if you have any questions. I do know we make our drawings to accommodate whatever depth of water the client needs. It is no longer then he needed. TRUSTEE BREDEMEYER: O.K. Trustees, any comments? We felt that on the field inspection that this dock was in keeping with the neighbors. Although at first glance in the application it would maybe appear to be a lengthy dock. Hearing now additional comments, I a take a resolution to close the hearing in this matter. TRUSTEE SMITH: So moved. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE SMITH: I make a motion that we approve. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE BRRDEMEYER: In the matter of the application of Larry Tuthill request to construct 105' retaining wall along Cutchogue Harbor and along a traveled way to prevent further erosion and to protect upland as per revised plan dated May 12, 1991. Located at New Suffolk. The time is now 7:52. Is there anyone here who wishes to speak on behalf of this application? Board reviews revised plan. TRUSTEE BRRDEMEYER: The revised sketch provided detailing that the Board required for a determination showing the actual height and it was also reJstaked for the Board when we went into the field to look at it. It was concerned that the structure was going to be on Spartina. It actually ended up being American Beach Grass. (during winter inspection). The structure is essentially landward'even if where the beach grass starts and flourishes. It is closer to the road then the Board had initially perceived the application. Stakes had washed out the first time we had seen it. There was concern about... BRUCE LOUCKA: That was our original concern, that it was to close. TRUSTEE BREDEMEYER: The neighbors in the area where concerned 'that the height would be at a disadvantaged to them for drainage or view. They said the stake heights where set at the height the bulkhead. The Board could clearly see that there was no issue of any kind of obstruction or problem that we can site right along the stakes and into neighboring properties. We didn't see a problem with it. Is there anyone here who wishes to speak against this application? Any members of the Board wish to comment? TRUSTEE KRUPSKI: No, I think we have gone over this one. TRUSTEE SMITH: I make a motion to close the hearing. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE SMITH: I make a motion approve this application of Larry Tuthill. TRUSTEE TUTHILL: Second. ALL AYES. Board of Trustees 11 July 11, 1991 A motion was made by Trustee Smith and Seconded by Trustee Tuthill to go back onto the regular meeting following a five minute recess. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. Merlon Wiggin on behalf of CICCOLINOS request permit to install floating docks for 6 boats to be used for restaurant patron docking as per survey dated May 21, 1990. (Seasonal only). Located off rot 25, Southold. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BEDNOSKI to issue a negative declaration. ALL AYES. 2. VINCENT J. PETROZZO - Board to deny waiver request for deck. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE TUTHILL to deny the request for a waiver as the structure is in the wetland zone. ALL AYES. Applicant submitted full application for a permit for the deck that was built about five years ago without a permit. The deck extends 10'4" outward from bath house and is 30' across. Located at Nassau Point Road, Nassau Point. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to issue a negative declaration. ALL AYES. VI. RESOLUTIONS: 1. Board to set ~ublic hearings for the August regular meeting. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI. ALL AYES. 2. 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) pilings. Located Broadwaters Drive and Mason Drive, CutchoQ~e. A motion was made by TRUSTEE BREDEMEYER and seconded by TRUSTEE BEDNOSKI to approve this application subject to Trustee Krupski to field inspect. ALL AYES. 3. JOHN DEMPSEY request an extension on permit ~3754 to construct a ramp, catwalk, float and pilings at Indian Neck Lane to expire June 23, 1992. A motion was made by TRUSTEE SMITH and seconded byTRUSTEE TUTHILL to approve extension. ALL AYES. VII. MOORINGS: 1. Ante Lonic request mooring (mushroom anchor) $895. approved May 2, 1991 for a 26' I/O, be transferred to an onshore/offshore stake for a 15' fiberglass at the end of Gagens Landing. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to deny request for a transfer as there is no room for a stake. ALL AYES. Board of Trustees 12 July 11, 1991 2. Michael Zahra -June 6, 1991 mooring approved subject to Bay Constable. Bay Constable feels that there is no more room in James Creek for any moorings. Board to rescind resolution, put on waiting list and refund $25.00 application fee. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE TUTHILL to deny mooring request without prejudice and put on waiting list. ALL AYES. 3. James Hughes request mooring in Richmond Creek for a 19' wellcraft with a mushroom anchor 50-75 lbs. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to approve mooring. ALL AYES. 4. Roy Allen request mooring in East Creek for a 143 Hobie with a 100lb mushroom. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to approve mooring. ALL AYES. 5. Alfred kettenbeil request offshore stake with pulley to onshore stake for a 14' outboard. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE KRUPSKI to deny request for mooring without prejudice for lack of room. ALL AYES. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE BREDEMEYER to adjourn meeting. 8:10 P.M. Respectfully s~hmitted by, ~ M~h~erk' . ~oard of Trustees RECEIVED AND /LED BY sou o Tow