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HomeMy WebLinkAboutTR-08/01/1991 TRUSTEES lohn 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 SUPERVISOR SCOTt L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 MINUTES PRESENT WERE: AUGUST 1, 1991 Henry P. Smith, vice-President Albert J. Krupski, Jr. Trustee John L. Bednoski, Jr. T~ustee John B. Tuthill, Trustee Jill M. Thorp, Clerk ABSENT: John M. Bredemeyer, III, President Worksession: 6:30 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, September 5, 1991 at 7 P.M. WORKSESSION: 6:00 'P.M. NEXT FIELD INSPECTION: Thursday, August 29, 1991 at 8:00 A.M. APPROVE MINUTES: April 4, 1991 and May 2, 1991 regular meetings. A motion was made by TRUSTEE BEDNOSKI and secOnded by TRUSTEE TUTHILL to approve minutes. ALL AYES. I. MONTHLY REPORT: Trustees monthly report for June 1991: A check for $4,174.65 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. BRICK COVE MARINA: TRUSTEE SMITH: Resolutions: ~3 Merlon Wiggin on behalf of Brick Cove Marina; Board to review application for completeness. Applicant proposes to enlarge and rebuild marina and dredge as noted on site plan. Located Sage Blvd., Southold. · ~oard of Trustees 2 August 1, '1991 Jill Thorp, clerk: "On July 18, 1991, I met with John Bredemeyer to discuss the survey then submitted by Peconic Associates on behalf of Southold Bay Associates for the above referenced project. At that time we scoped out 15 locations which reasonably depicted the depths in and around Brick Cove Marina. This information was subsequently supplied on the survey prepared as part of the application and is accurate. The resolution passed by the Board on March 7, 1991 states, "that no waiver of the one foot (1') requirement shall be made for lands lying below or beneath the OHWM so as to give a clear indication as to the bathymetry of the site." I find this requirement not to be practical. To require one foot intervals (and corresponding contours) for lands under water would be extremely difficult if not impossible for a surveyor to shoot. Furthermore, lands underwater have a tendency to shift as a result of tidal movement and storm events. I therefore recommend that the Board consider rescinding part of its March 7, 1991 resolution and accept the soundings as submitted. That was a memo to the Board of Trustees from Bruce Anderson dated July 31, 1991. TRUSTEE KRUPSKI: Whereas the Southold Town Board of Trustees passed a resolution on March 7, 1991 granting a waiver from the one foot (1') contour requirement for the upland portion of the site pursuant to Chapter 97-21-G of the Town Code; and Whereas the Southold Town Board of Trustees resolved in the same resolution of March 7, 1991 that no waiver of the one foot (1') requirement shall be made for lands lying below or beneath the OHWM where sufficient soundings shall be made in (1') one foot increments so as to give a clear indication as to the bathymetry of the site; and Whereas the topographical requirement for lands lying below or beneath the OHWM creates a practical hardship for the applicant; and Whereas the Board's President and Environmental Consultant determined on July, 18, 1991 that fifteen 15 soundings in and around the project site gives a clear indication as to the bathymetry of the site; and Whereas the applicant performed 15 soundings in and around the site in the locations specified by the Board's President and Environmental Consultant; now be it Resolved that the Southold Town Board of the Trustees hereby rescinds the portion of the March 7, 1991 resolution which resolves that no waiver of the one foot (1') requirement shall be made for lands lying below or beneath the OHWM where sufficient soundings shall be made in (1') one foot increments so as to give a clear indication as to the bathymetry of the ~oard of Trustees 3 August 1, ~991 site pursuant to Chapter 97-22 of the Town Code; and be it further Resolved that the Southold Town Board of Trustees accept the soundings as submitted by the applicant in lieu of requirements set forth in Chapter 97-21-G of the Town Code. TRUSTEE BEDNOSKI: Second. ALL AYES. TRUSTEE KRUPSKI: The second item is the subject is requesting a waiver Chapter 97-21J; Dear Members of the Board: (this is a letter from Merlon Wiggin from Peconic Associates) Subject: Application Brick Cove Marina, Dated July 29, 1991 Request a waiver of the above referenced paragraph of the Southold Town Code because of its conflict with 6 NYCRR, Part 617, State Environmental Quality Review Act. As previously discussed by the Applicant's Attorney, Mr. Tohill, this paragraph of the Town Code is considered preemptive to the State's law and, in practicality, would make it impossible for the Lead Agency to fulfill its responsibilities. Sincerely, Merlon Wiggins And the Board has a resolution: Whereas Chapter 97-22 authorizes issuance of waivers under 97-21-J; and Whereas Peconic Associates on behalf of Southold Bay Associates have requested a waiver from the requirement as set forth in Chapter 97-21-J of the Town Code for the action known as Brick Cove Marina; and Whereas the relocation of septic systems away from the water's edge is already a permit condition of the New York State 'Department of Environmental Conservation pursuant to their permit issued to Young's Boat yard & Marina(Howard H. Zehner) on November 8, 1989; and Whereas the applicant's agent has already begun communication and proceedings with the Suffolk County Department of Health Services, Bureau of Wastewater Management for the relocation of the septic tank and leaching system; now be it RESOLVED that the Southold Town Board of Trustees hereby grant a waiver from the requirement set forth in Chapter 97-21-J to the applicant's agent, Peconic Associates, for the applicant known as Southold Bay Associates, for the action known as Brick Cove Marina. TRUSTEE BEDNOSKI: Second. ALL AYES. 'Board of Trustees 4 August 1, k991 TRUSTEE KRUSPKI: We have one more item here. From Bruce Anderson, dated July 31, 1991. Subject: Application Status-Brick Cove Marina. I have reviewed the application submitted by Peconic Associates on behalf of Southold Bay Associates and find the application nearly~complete. However, there is one outstanding item absent from the application as dated on July 29, 1991. That is, the applicant has not obtained a permit form the Suffolk County Department of Health Services. Section 97-21-J of the Town Code states the necessity for documentary proof that all other necessary permits to be obtained. I am also aware that Merlon Wiggins has requested a waiver of this section pursuant to 97-22 of the Town Code. If the Board decides to grant the requested waiver, it is my opinion that the application is complete. We have a resolution on that subject; Whereas an application for wetlands permit was submitted by the Peconic Associates on behalf of Southold Bay Associates for the action known as Brick Cove Marina on July 29, 1991; and Whereas the Southold Town Board of Trustees have already issued waivers for requirements set forth in Chapter 97-21-G and J of the Town Code pursuant to Chapter 97-22 of the Town Code; and Whereas the application for wetland permit satisfies all other requirements set forth in Chapter 97-21 of the Town Code; and Whereas the applicant has submitted information at the request of the Southold Town Board of Trustees; and Whereas there is familiarity with the site among the Southold Town Board of Trustees; and Whereas the Southold Town Board of Trustees have reviewed the application for completeness; now be it 'Resolved that the Southold Board of Trustees deem the application submitted by Peconic Associates on behalf of Southold Bay Associates for the action known as Brick Cove Marina complete; and be it further Resolved that the Southold Town Board of Trustees reserve their right to request additional information from the applicant's agent as may be required for further environmental assessment of the site and potential environmental impacts that the proposed project may cause. TRUSTEE BEDNOSKI: Second. ALL AYES. III. AMENDMENTS/WAIVERS/CHANGES: ~oard of Trustees 5 August 1, k991 1. THOMAS GRALTON request amendment to permit ~3845 to add a float and ramp to the existing dock as noted on the survey and as approved by DEC. Located at Stillwater Avenue, Cutchogue. Board reviewed letter from Gregg Blass on behalf of Dr. Thomas, who is part owner of the Right-of-way. Dr. Thomas requested to table any action for 14 days in order to obtain more information. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL to table any action for 14 days. AYES: Smith, Bednoski, Tuthill. ABSTAIN: Krupski. 2. Glenn Just on behalf of JOHN BRAIDER request amendment to permit %3873 to reduce retaining wall to 120' with two 15' returns and reduce float to 4' X 14' Located Gull Pond Lane, Greenport. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant amendment to permit %3873. ALL AYES. 3. Samuels & Steelman on behalf of MORITT request waiver to construct a single family dwelling. On March 5, 1991 the Trustees determined the project was out of their jurisdiction. The plans have been revised and now needs a waiver. Located at ROW off Meadow Beach Lane, Mattituck. Halls Creek. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTRR BEDNOSKI to grant a waiver as long as all construction equipment stays beyond~75' from the wetlands. ALL AYES. 4. Proper-T Services on behalf of GLORIA LOWERY request a waiver to construct a deck on the property located at 650 Oak Ave., Southold. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE TUTHILL to grant a waiver. ALL AYES. 5. Land Use on behalf of MARIA TRUPIA request waiver to construct a single family dwelling, sanitary system, detached garage, decking and swimming pool a minimum of 76' from the landward limits of TWL. Located Sleepy Hollow Lane, Southold. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE 'SMITH to deny waiver and request a full application as this project is clearly in Trustee jurisdiction. ALL AYES. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTF. R TUTHILL to go onto public hearings. ALL AYES. TRUSTEE SMITH: In the matter of 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 12, 1990. Located off Rt. 25, Southold. Do I have anyone here that is opposed to this application? Do I have anyone here that is in favor of this application? Does the Board have any comments? TRUSTEE KRUPSKI: As long as we put in their permit that the docks are to be used strictly for patron docking for the restaurant, I don't have a problem with it. Again, there is not much left to the imagination. ~Board of Trustees 6 August 1, 1991 TRUSTEE SMITH: I will second that. Jill, in the the letter stress the point that there shall be no overnight docking. Being there are no further comments, I will close the public hearing on Ciccolinos. TRUSTEE BEDNOSKI: Move to approve. TRUSTEE TUTHILL: Second. ALL AYES. TRUSTEE SMITH: The second public hearing is in the matter of the application of VINCENT J. PRETROZZO for a deck 10'4" across extending outward from bath house and 30' across. Located at Nassau Point Road, Nassau Point. Is there anyone here that has an objection to this application? Does anyone have anything to say in favor of this application? VINCENT PRETROZZO: I am Vincent J. Pretrozzo and I'm in favor of it. TRUSTEE SMITH: Thank you. Does the Board have any comments on it? TRUSTEE KRUPSKI: I don't have any comments on it. TRUSTEE SMITH: Being no further comments, I close the public hearing. What is the pleasure of the Board? TRUSTEE KRUPSKI: I make a motion to approve the application. TRUSTEE SMITH: Second. ALL AYES. TRUSTEE SMITH: O.K That is the end of the public hearings. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. John Geideman on behalf of ALAN CARDINALE to construct 95' catwalk (3.5' above grade) 3' X 12' ramp, 6' X 20' float on James Creek. Lot ~2 of subdivision. A motion was made by TRUSTEE BEDNOSKI and seconded by TRUSTEE KRUPSKI to grant a negative declaration. ALL AYES. 2. Costello Marine on behalf of J.E. Valk request permit to replace within 18" 160' existing bulkhead & return. Fill with approx. 60 yds. clean fill from upland source. Deck & boardwalk to be removed and replaced after bulkhead is constructed. No expansion to existing structures. Located at 9680 Nassau Point Road, Cutchogue. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI grant a ~egative declaration. ALL AYES. 3. En-Consultants on behalf of LARRY BLESSINGER request permit to construct a 4' X 24' platform immediately landward of crest of bluff; 4' X 24' stairwaY;: 4' X 100' fixed elevated (4' above grade 'of marsh) walk; 4' X 16' hinged ramp; 6' X 10' inner float and 6' X 60' outer "T" floats. Floats will be secured by a total of 7 pilings. Located ROW off Westphalia, Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded byTRUSTEE TUTHILL to grant a negative declaration. ALL AYES. 4. En-Consultants on behalf of GERALD YELLEN request permit to construct a timber dock consisting of a 4' X 105' (including 15' inclined section on south side) fixed, elevated (4' above grade of marsh min.) Walkway; 3' X 16' hinged ramp; 6' X 10' ~oard of Trustees 7 August 1, 1991 float and 6' X 30' float in "L" configuration. Floats will be secured by (3) sets of 2 pile dolphins. Located at 935 Meday Ave., Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to grant a negative declaration. ALL AYES. 5. HENRY RAYNOR on behalf of SARA BARBETTA AND OTHERS request permit to construct bulkhead to conform to existing property and not to exceed length of adjacent bulkhead. Located 275 Cardinal Drive, Mattituck. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to table any action on this application until some questions can be answered and to have it staked. ALL AYES. VI. RESOLUTIONS: 1. Board to set public hearings for the September 5, regular meeting. A motion~ was made by TRUSTEE KRUPSKI and seconded by TRUSTEE BEDNOSKI to set p~blic hearings. ALL AYES. 2. En-Consultants on behalf of PAOLO LAVAGETTO request to construct 4' X 130' fixed elevated walk with ramp up landward end; 4' X 14' hinged ramp; (2) 6' X 20' floats secured by (3) pilings. The Board approved subject to inspection. Bay Constable feels the structure is to long and would go into the channel. Located Mason Drive, Cutchogue. After discussion a motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL accept the revised plans changing the floats and have the applicant shorten the catwalk about 30' and if he has a problem with that we can meet them in the field. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE TUTHILL to table this application to meet the applicant in the field on next field inspections. ALL AYES. 3. Merlon Wiggin on behalf of BRICK COVE: (Done at beginning of meeting). VII. MOORINGS: 1. Robert DiMartino, Jr. request mooring in East Creek for a 17' Boston Whaler with 100lb mushroom. Access: Wilson Landing. A motion was made by Trustee KRUPSKI and seconded by TRUSTEE SMITH to approve mooring. ALL AYES. 2. Edward Caven request mooring in Broadwaters Cove for a 24' Sail Boat with 501b Mushroom. Access: Mason Drive. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE SMITH to approve with a 100 pound mushroom. ALL AYES. 3. John McMahon request mooring in Corey Creek for a 26' sailboat with a 3001b mushroom. Access: Private property. A motion was made by TRUSTEE SMITH and seconded by TRUSTEE KRUPSKI to approve. ALL AYES. ~oard of Trustees 8 August 1, 1991 7:50 finished with agenda spoke with people in audience. At 8:10 a motion made by TRUSTEE BEDNOSKI and seconded by TRUSTEE KRUPSKI to adjourn meeting. ALL AYES. Respectfully submitted by, ~_/11 M. Thorp, Clerk RECF/VED AND FILED BY THE SOUTHOLD TOW~N CLERK Town Clerk, Town of So~old