HomeMy WebLinkAboutTR-02/28/1989FRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JOHN 1~. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Sonthold, New York 11971
MINUTES
February 28, 1989
TELEPHONE
(516) 765-1892
WORK SESSION: 6:00 P.M.
A work session of the Board of Town Trustees was held at 6:00 P.M.
on February 28, 1989 at the Town Hall, Main Road, Southold.
Present were:
President Frank A. Kujawski, Jr.
Trustee Albert J. Krupski, Jr.
Trustee John Bredemeyer, III
Clerk Joan Schneider
Clerk Joan Romanowski
Absent:
Trustee Henry Smith
Trustee John Bednoski
Bruce S. Bandes, Attorney for Dorothy Snyder re: Violation
of Southold Town Code.
BRUCE S. BANDES: We're responding to, first of all let me
introduce myself, my name is Bruce Bandes, I am the Attorney for
Dolly Snyder. I practice at 755 Montauk Highway in Oakdale.
JOHN BREDEMEYER: Can I just interrupt, Frank, this is just
i~formal, part of the work session at this point or it seems to
have a certain formality, set the ground rules I might have missed
some of this.
FRANK KUJAWSKI: It does have a little bit more formality. What
we're doing is recording. Under the Wetlands Ordinance anyone who
is given a violation has a right to a hearing. I went to the Town
Attorney because I wasn't sure either, he said the minutes and the
information should be recorded, and then studied and then brought
back to the Town Attorney. It does have alittle bit more formality.
BRUCE BANDES: After all that has been said. Good evening again.
We're here to respond to a notice of violation which was served on
February 2, 1989 apparently by Mr. McCarthy upon DOlly Snyder my
client. The violation states that Mrs. Snyder was conducting
operations within 75 ft. of the freshwater wetland without first
obtaining a permit from the Southold Town Trustees. The first
thing we have to say is that we were not aware that there were any
wetlands involved with Mrs. Snyder~s property and I would like, if
I may, to introduce to the Board some correspondence in that
regard. You might understand why we are alittle bit surprised
about the violation having been issued. This letter was given to
Ks today by Mr. Hillebrand, he had been out to the property. This
letter was dated September 22, 1987 received by us from the
NYSDEC. There are other references to the fact that there are no
wetlands in connection with the application that Mrs. Snyder had
made for permission to go ahead and develop this property. So
JOAN SCHNEIDER: Frank, do you want the aerial map that's
downstairs of this property.
FRANK KUJAWSKI: I don't think so right now.
ALBERT KRUPSKI: You don't think so? It's in the planning.
FRANK KUJAWSKI: We have it. We took the aerial map. Why not,
except that we're not really presenting anything, this is their
hearing.
ALBERT KRUPSKI: Just to give us a better idea.
BRUCE BANDES: I would like to just state that we were not aware
of, as I said, of any Wetlands problem on the property and we based
that assumption on correspondence from the DEC and correspondence
that there had been with the Town planning Boa~d.~ Had we known of
the wetlands violation, problem, there wouldn't have been any
violation, we didn't know were doing anything involving the
wetlands, I want to make that verY clear. Moreover, there is
nothing being conducted, no operations are being conducted on this
land at this time. When it happened was Mrs. Snyder had found that
somebody, unknown to us, had removed cersain shrubbery's from this
property and left large depressions in the land. She retained Mr.
Latham to bulldoze those depressions and level the property so that
they would not any longer exist and so that those shrubs couldbe
replanted and that's the intent here. It was when Mr. Latham was
doing that bulldozing that I believe Mr. McCarthy came upon the
land and issued the citation. Again, there are no operations and
operations were ceased as of that time, if you can call them
operations. We have no intention of going through anything other
now than a replanting on that already leveled land, there will be
no bulldozing or anything of that nature being done. So I don't
really know that an application for anything is proper at this
time. When the Town has approved this plan of Mrs. Snyder's to
develop the property obviously we would then reapply, and if there
are wetlands there, we will get the necessary permission to go
ahead.
FRANK KUJAWSKI: Okay. Why don't we wait a second for the aerial
map. Kent, can you clear up anything on this or would like to add
anything?
KENT MCCARTHY: It's a question of whether there's wetlands.
believe the DEC's letter just states that they don~t wish to be
involved. Its 12.5 acres.
JOHN BREDEMEYER: That not withstanding, the town did send a list
of areas to the DEC which we wanted included as freshwater wetlands
and I thought as a result of the field inspection out there send a
letter containing this property along to the DEC.
FRANK KUJAWSKI: I don't know.
JOHN BREDEMEYER: Cause we had these inclusions that on or after
the mapping the preliminary freshwater map of course has not been
formally adopted. And at or about the time we were involved in the
field inspection here we were still gathering sites, and i~ we did
carry through we may have requested to elect several sites of so
called local importance with the DEC. Now, if we have a copy of
that communication it might be germane to the discussion.
BRUCE BANDES: Well, I would also like to point out that the letter
that Mr. McCarthy said, this is a different property it is over 57
acres, I mean it's not under 12 acres I don't know where that came
from.
KENT MCCARTHY: 12 acres would be the size of the wetlands.
BRUCE BANDES: The alleged wetlands? Again we have never received
any notice, Mrs Snyder has never received any notification that any
portion of this property was being declared to be wetlands so we're
totally unaware of the fact that we have any problem at all.
FRANK KUJAWSKI: This has occurred several other times. I don't
know. I mean in light of what brought us and what you are saying I
would like to refer the whole thing back to the Town Attorney for
his opinion on it. We have had this situation before where
violations have been issued for small pieces of property under
12.4. The States not aware of it. They were important to us,
we've added some of these smaller areas on to the DEC and have
asked them to be included on to the map. I think what Jay is
saying is going back, a while back.
JOHN BREDEMEYER: This is when we did the field inspection.
have a date on that? I'm sure its on our inspection list,
whateverr when we initiated the letter.
Do we
FRANK KUJAWSKI: But we should take a look back and see if we have
communicated to the DEC that this is a piece of wetlands that we
did want to identify, in which case you should have received some
notification. You know we should really check into this.
BRUCE BANDES: If you have not done that 'then I assume that we
don't, I would like to know for the future too obviously seeing
that we don't run into this same problem again. If we don't have
any wetlands.
JOHN BREDEMEYER: It's not a situation peculiar to yourself. Are
you aware of the process the State is going through on mapping
approval?
BRUCE BANDES: No, I'm aware that they're going through a process
but I'm not sure of the process.
JOHN BREDEMEYER: The process included submissions from local
government to nominate areas that were considered of local
importance, and I believe its part of that process individual
property owner notifications would be required and the nomination
may have been made on this property pursuant to our field
inspection where I thought we sent communication back to the
Planning Board or to Mrs. Snyder and the nomination was probably
made, it was just about that time. The request
BRUCE BANDES: We have never received any such correspondence.
JOHN BREDEMEYER: We will have to review our file I guess and go
over it with the Town Attorney then. Some point in the near future
the DEC supposed to be adopting a final map and its more or less
going to close the barn doors, I guess if they aren't on the list
at that time that will preclude future additions unless its a
separate nominating entire process.
BRUCE BANDES: ~no makes the final determination on whether its to
be included or not? The DEC or the Town itself?
FRANK KUJAWSKI: It would be cooperative.
ALBERT KRUPSKI: We would nominate it and they would investigate it.
JOHN BREDEMEYER: They would adopt our recuaa~endation if they have
assurances of local interest. In other words, they need to see
sincere interest. The Town Trustees have been very interested in
protecting these areas as part of the planning process, so there
set aside 'during a subdivision creation and left in green belts or
in open, you know natural resource areas so we have been, I think
the DEC will honor our request, or I hope they do.
B~JCE BANDES: For clarification for my own purposes, I understand
the history of this piece was that it was farmland at one time and
these were man-made depressions, for want of another word, that I
guess were used for irrigation or something. The fact that they
are man-made would still be of interest to the Town as far as
wetlands are concerned. In other words, you're saying it doesn't
make a difference how this got there.
FRANK KUJAWSKI: It doesn't even need to have water. Certain types
of vegetation would classify it as freshwater wetland area.
DOROTHY SNYDER: That is why I have this surveyor and engineer go
out to locate them, and that is why I picked up the letter today,
because I asked him to specifically that there are no wetlands.
Also the DEC letter which I had gotten in '87 said there are none.
JOHN BREDEMEYER: It seems to be maybe unequivocal that even though
at that time it wasn't on one of their initially approved maps they
were still going through on nature procedure unbeknownst to you.
BRUCE BANDES: At that time we will wait to be nominated or we will
wait for some correspondence from the DEC.
FRANK KUJAWSKI: We will be able to tell you, it will go on file.
BRUCE BANDES: And then may t ask one final question what do we do
with this violation, is this considered a violation or is the Town
now going to say there's no violation and don't do it again. What
are we suppose to do?
FRANK KUJAWSKI: Certainly the idea of restoring the area which you
had originally intended to do, I think is usually an appropriate
response to something like this whether there's a violation or
not. It's good that we're understanding that the area was to be
restored, Okay, what the intentions of bulldozing was. That clears
up something but it may just be that the violation is dropped. I'm
supposing what the Attorney's response would be. I understand the
problem alittle better now, I think we all do.
JIM MCMA~ON: The Town, I am in the process now of identifying on a
tax map through the aerial photos and throughthe DEC's list and
through the Town's list that was created back in '82 Wetland areas
on the Town's Wetland aerial lists, those 2 ponds exist.
JOHN BREDEMEYER: That was the list that was forwarded to the DEC.
JIM MCMAHON: That was the list, I think, Mrs. Terry or somebody in
Orient had drawn up back in 1982 with Paul Stoutenburgh. It will
be on the Town's list of Wetlands and property owners at some point
will be notified that those are wetland areas and that they
FRANK KUJAWSKI: Okay, but they have not been notified yet.
JIM MCMAHON: I found 6 of them in Orient that weren't on any list
and When the DEC went out to do a survey of these areas, they were
not allowed on some peoples property, so whether or not, it wasn't
really up until we got the aerial photos that we could even
identify some of these areas cause the DEC was not allowed on these
properties to do a survey. So there are probably another 10 to 15
ponds or wetland areas, vernal areas whatever you want to call
them, that will be, the property owners will be notified whenever I
get an opportunity to complete the list. I think the Planning
Board, hasn't the Planning Board mentioned to the some of degree
that there is wetland areas on the property.
BRUCE BANDES: No, no cause this.
DOROTHY SNYDER: This is why this Harry Hillebrand, who
BRUCE BANDES: There has been no notification at all, that's why we
were surprised at this and that's why we sent Mr. Hiltebrand out to
look at the property.
JIM MCMAHON: Don't you have a letter back in 1988 or so from the
Planning Board to the Trustees asking for the Trustees input.
ALBERT KRUPSKI: Yes, yes.
DOROTHY SNYDER: Nothing clerical was obtained, the reason Mr.
Hillebrand, who is a licensed surveyor, who was directed .... , went
there and found no wetlands ........ Also the letters if you would
look at from Mr. Gilman was an updated letter of '87, they were out
to physically inspect and on his maps he signed the ...... letter
that followed through if you have any question call me back. My
land in no way according to DEC is wetland, so please if you're
going to put it onto the record make sure you put that into it. So
I followed up Valerie Scopaz' desires before I filed a preliminary
site.
JOHN BREDEMEYER: How come the flood plain manager is ruling on a
wetland? Wouldn't normally personnel that directly deal with
Article 24 and 25 either tidal wetlands and, or freshwater wetland
would normally make those determinations. ~ne whole origin of this
seems interesting as to how it happens. I see here its almost like
a blind process. I don't see carbons here and.~alot things but its
just. Mr. Gilman's signature, this is the first time I've ever
seen him do a wetland determination.
DOROTHY SNYDER: .... In other words, I'll leave them with you, I
don't mind at all.
BRUCE BANDES: You can keep the letters and return them if you want
to.
FRANK KUJAWSKI: I think they should be added to the file. Would
you like a copy of them for your records?
BRUCE BANDES: Yes, we would.
DOROTHY SNYDER: Yes.
ALBERT KRUPSKI: We did inspect the property. Was it '88?
JOHN BREDEMEYER: It was '87.
ALBERT KRUPSKI: At the Planning Board's request we inspected it.
JOHN BREDEMEYER: Have you received a final approval from the
Planning Board for this subdivision.
DOROTHY SNYDER: No.
, %
BRUCE BANDES: That's still in the planning stage.
FRANK KUJAWSKI: Well, I think we've gotta go back and take a look
at what you should have been notified on, and in reality what you
were notified on. It's beginning to appear that even though this
is an area that we would like to nominate for some protection, its
possible that you didn't receive any communications at all about
this.
DOROTHY SNYDER: As I said, Valerie Scopaz' office asked Harry
Hillebrand, who is the fellow that put the preliminary site plan
together, to go and locate them, and they went out there and they
said there were no wetlands and that's all right for you to keep
that letter just give me a Xerox copy, and thank you very much.
FRANK KUJAW~KI: Yes, sure.
BRUCE BANDES: I guess the bottom line is that we'll hear from the
Town Attorney and he will let us know about the violation. Thank
you.
DOROTHY SNYDER: Thank you.
FRANK KUJAWSKI: Thank you for coming in.
DOROTHY SNYDER: I have alot of shrubs that had been growing on
that property since I've had it over the 10 years and it seems to
me that everybody is so concerned about this ........ .. taken that,
isn't there any way that they can offer some, stealing and creating
craters and I mean craters that I still have ...... that not have
been filled in.
FRANK KUJAWSKI: I know what you're saying.
DOROTHY SNYDER: You know in other words, I lost alot of mone~ in
shrubs, and I intended to do is now that I have this flat piece and
its accessible, more people could look into this dead interior.
You could drive past there and not know what was going on, but it
leaves me open to liability number 1, it could have a child get
hurt number 2, or whomever. So, isn't there any way of letting the
Police Department if I post every bit of that property, there's
shells, there's dead animals on it, etc~ and these craters. Can't
there be anything done to prevent such a thing from happening?
FRANK KUJAWSKI: Other than fencing it in, probably not. I've seen
just in the past couple of years, at the end of the summer, cars
from New Jersey pull to the side of the road and everybody's out
with a pitchfork digging out potatoes.
DOROTHY SNYDER: ..... what's on that property...that's what I can
say. We won't touch filling in anymore holes. We've got
ALBERT KRUPSKI: I'm sure that if, you got some holes that's would
be a danger and a liability to you I'm sure you could have your
agent maybe walk through with the Bay Constable and a contractor,
and specifically spot some areas cause that would come under normal
maintenance that I'm sure, I'm sure that would
FRANK KUJAWSKI: Not only that but alot of people I mean are
probably half of our inspections this month were done for people
who basically wanted to know what they needed in ways of permits,
what could they do to repair certain areas. This is not something
that had to go through a formal permit process.
DOROTHY SNYDER: I didn't think so.
FRANK KUJAWSKI: We regard ourselves as being here to give advice
and help people solve some of these problems.
REGULAR MEETING (February 28, 1989): Frank Kujawski called the
meeting to order at 7:00 P.M.
NEXT REGULAR MEETING: 7:00 P.M., Thursday, March 23, 1989.
WORK SESSION: 6:00 P.M., Thursday, March 23, 1989.
FIELD INSPECTIONS: 12:00 P.M., Thursday, March 16, 1989.
MOVED by Albert Krupski, second Frank Kujawski, it was RESOLVED to
approve above dates and times for March 1989 meeting and
inspections. Vote of Board: Ayes, All - Resolution adopted.
FRANK KUJAWSKI: Just in the way with starting this meeting off,
the Trustees met several weeks ago with the TQwn~-Attorney. We've
approved several new procedural r~les which we are going to become
following this month. Those permits that we call new applications,
that are inspected by the Board, if they can receive an initial
assessment tonight of a negative declaration as an untisted action
not causing a significant impact upon the environmentr we'll begin
the first process. The second step would be a hearing the
following month with a possible decision, rather than the normal
three month process. In other words, rather than take Lead AgenCy
and slow the process up we'll start off, since we do look at our
applications, initially with an assessment. If the assessment
turns out to be a listed action, for instance., a CEA area or we do
have another listed action that t!rpifies something as having a
significant effect, and that is a dredging project that involves
dredging more than 100 cu. yds. At that point, those Type 1
applications will follow the normal procedure of an assessment,
lead agency, and the normal longer process that's involved. We're
doing this in an attempt tot I think as a response to those people
who are doing environmentally compatible projects; things that the
Board is in favor of as a non-threatening use of our natu.ral
resources, and our ~etlands and our creeks. In an attempt to speed
up the process up alittle bit, and to not make it so financially
burdensome to the applicant or time consuming for the Board and the
the applicant. We'll be lagging one month behind the CAC. Part of
this new procedure hinges upon their agreeing with us in our
assessment. For this first month, there are several of them that
they haven't had a chance to look at, so we may move ahead with
them, subject to CAC agreement with our conclusions. Beginning in
March, at our March meeting everything that comes in front of this
Board will be inspected not only by us but by the CAC. We'll have
our own comments to make about the project; we'll have the CAC
comments to make, and if the project gets a negative declaration as
having a non-significant effect upon the environment it will be one
more month till a hearing and a decision. Things may' be alittle
different.
NEXT REGULAR MEETING: 7:00 P.M., Thurs4ay, March 23, 1989.
WORK SESSION: 6:00 P.M., Thursday, March 23, 1989.
FIELD INSPECTIONS: 12:00 P.M., Thursday, March 16, 1989.
MOVED By Albert Krupski, second by Jay Bredemeyer, it was RESOLVED
to approve above dates and times for March 1989 meeting and
inspections. Vote of the Board: Ayes, All - Resolution adopted.
MONTHLY REPORT (January 19891:
Collected $985.00 in total fees, which we have forwarded
$345.89 of the Total on to the Supervisor's office for the
General Fund. Receipts include mooring renewals, waivers,
permit fees and wetland applications. The greatest amount
of fees collected were from Wetland Applications.
II.
PUBLIC NOTICES:
~&blic Notices are available in our office for reviewt and
they are also posted on the Town Clerk's Bulletin Board for
public inspections.
III. COMMUNICATIONS:
1. Dana Fox re: objection to mooring permits to other than
Town of Southold residents.
FRANK KUJAWSKI: My reply to Mr. Fox, thank you for your letter
please be advised that it is a town requirement that applicants for
a mooring prove local residence before the application is accepted,
and since I've been on the Board, to my knowledge, no permits have
been issued to non-residents. I think this problem has been around
for about 10 years ..... I think if public facilities were more
accessible, people would tend to use them rather than a boat so
that's something that should we should think about probably at the
end of the creek; also, where the Town is going to be purchasing
that property, as well as the Park District Property at the other
end where the facilities are available. Maybe a sign is in order
on the way in.
2. Charles Mebus re: Removal of sand and silt at Jockey
Creek.
FRANK KUJAWSKI: Henry and I took at look at this and this is
apparently private bottom in this particular area of Jockey Creek
that he's talking about. There definitely is a pipe but it doesn't
seem to have deposited any great amount of silt. It's on Wells
Road right before Bill Grigonis.
ALBERT KRUPSKI: Wasn't the Town going to clean that out.
FRANK KUJAWSKI: It seems to be pretty cleaned out.
JOHN HOLZAPPEL: It was dredged last year. He got a pezmit to
dredge there. Last year you could see the sand off the road, it
had filled the whole thing right up. We took a look at it last year.
FRANK KUJAWSKI: Now it seems to be just alittle silt there, it
wouldn't bother anybody's navigation.
JOHN HOLZAPFEL: It fills up each time it rains, all the sand runs
right down. The sump is right across the street and I don~t know
why the Town put the pips into the creek. The pipe went from the
road right into the creek, and literally 50 ft. across the street
is a sump.
FRANK KUJAWSKI to JOAN: Send this on to Ray Jacobs with a note
that Henry and I looked at this and would the Highway Dept. contact
us to take another look and see if something could be done.
3. Southold Town Baymen's Association re: Mattituck Creek
location of Town Boat Ramp.
FRANK KUJAWSKI: .... The Association certainly is interested in
having a town ramp that would be accessible not only for their own
use, but for all the people, and we will be following that up.
4. Glenn Just, J.M.O. Consulting for Joseph Spitatiere, for
approval of construction of single family dwelling.on Orchard Lane,
Southold.
FRANK KUJAWSKI: Probably what would be in order, we've already had
the Hearing on this, we've been waiting for the DEC permit, and I
think possibly right now a Resolution would be in order if you so
choose to approve this application for a home on one of the two
lots.
MOVED by John Bredemeyer, second by Albert Krupski, it was RESOLVED
to approve the application for a home on one of the two lots, now
the permit for one of the two lots. Vote of the Board: Ayes, All
- Resolution adopted.
5. John Kramer re: change of confi~dration of floating
dock and Possibility of dredging in Jockey Creek.
TRANSFERRED to Section X: Amendments.
NEW APPLICATIONS:
1. Southold Pools for Bob Morris to construct inground
pool, deck and fence on property located at 805 Ashamomaque Avenue,
Southold.
FRANK KUJAWSKI: This is not a bulkheaded area and consequently
falls in Trustee's jurisdiction. If it was bulkheaded it would
not. It's about 50 some feet based on our taping the other day.
MOTION to assess as negative declaratiQn as an unlisted action
subject to C.A.C. co~Lu~Lents and agreement, Albert Krupski, second
John Bredemeyer, Vote of the Board: Ayes, All.
FRANK KUJAWSKI: This application then, assuming that the C.A.C.
agrees with our findings, would be scheduled for a hearing at the
March meeting.
ALBERT KRUPSKI: We will review the C.A.C. co~ents at the March
meeting. It will become part of the hearing.
2. Jim McMahon for the Town of Southold to correct an
erosion problem on the town property located on Laurel Lake.
FRANK KUJAWSKI: ..... An erosion problem has developed there and we
would like to correct it.
MOTION based on our inspection to assess as a negative declaration
subject to the C.A.C.'s c~m~ents and agreement, Frank Kujawski,
second John Bredemeyer, Vote of the Board: Ayes, Ali~
3. J.M.O. Consulting for Fishers Island Country Club to
replace drainage pipes and regrade and revegetate area, property
location on Private Road, Fishers Island, N.Y.
MOTION to assess as a negative declaration, Frank Kujawski, second
Albert Krupski, Vote of the Board: Ayes, All.
PUBLIC HEARINGS:
1. 7:30 P.M. In the matter of the application of
En-Consultants on behalf of William Corwin to construct wooden deck
over existing patio on north side of existing dwelling. Property
is located on New Suffolk Avenue, New Suffolk, N.Y.
2. 7:33 P.M. In the matter of the application of
En-Consultants for Robert Keith to construct single family dwelling
on property located on Willis Creek Drive, Mattituck, N.Y.
3. 7:36 P.M. In the matter of the application of Frederick
Krug for maintenance dredging. Property located at Budd's Pond
Road, Southold, N.Y.
4. 7:39 P.M. In the matter of the application of J.M.O.
Consulting for Laughing Waters Property Owners Association to
reconstruct timber bulkhead, dredge, and to construct storage
shed. Property is located at Minnehaha Blvd., Southold, N.Y.
5. 7:42 P.M. In the matter of the application, of Costello
Marine for Mateo Lettunich to reinforce westerly concrete and rock
seawall including returns, and reconstruct easterly rock revetments
with rocks and filter. Property located at Bay Home Road,
Southotd, N.Y.
6. 7:45 P.M. In the matter of the application of
Antoinette and Frank Notaro to construct 2 additions to single
family dwelling including stairway, catwalk, ramp, float and to
dredge. Property located on Calves Neck Road, Southold, N.Y.
7. 7:48 P.M. In the matter of the application of
En-Consultants for Marie Nersoyan to reconstruct bulkhead and
stairway, construct fixed dock, dredge. Property located at
Mesrobian Drive, Laurel, N.Y.
8. 7:51 P.M. In the matter of the application of Thomas
Palmer to construct catwalk, float, deck, remove or replace
existing shed, replace carport with garage. Property located at
2050 Deep Hole Drive, Mattituck, N.Y.
9. 7:54 P.M. In the matter of the application of Geoffrey
Penny to construct retaining wall and maintenance dredge boat basin
at property loca'ted at 570 Mason Drive, Cutchogue, N.Y.
10. 7:57 P.M. In the matter of the application of
En-Consultants for Kenneth Rathgeber to remove and replace
retaining wall. Property located on NaSsau Point Road, Cutchogue,
N.Y.
11. 8:05 P.M. In the matter of the application of J.M.O.
Consulting for J. Trataros to construct catwalk, ramp and float.
Property located on Main Road, East Marion, N.Y.
12. 8:08 P.M. In the matter of the application of Proper-T
Services for Ira Wechterman to construct deckr ~walkway, ramp and
floating dock. Property located at 630 Oak Street, Cutchogue, N.Y.
13. 8:12 P.M. In the matter of the applications of
En-Consultants for Monica Kenny, et al., and other Reydon Shores
property owners to remove and replace bulkhead, dredge and
backfill. Property located on Lake Drive, Reydon Shores, Southold,
N.Y.
14. 8:15 P.M. In the matter of the application of
En-Consultants for John Van Vladrichen to remove and replace
bulkhead, dredge, replace existing dock with hinged ramp and
float. Property located on Lake Drive, Reydon Shores, Southold,
N.Y.
15. 8:18 P.M. In the matter of the application of
En-Consultants for Henry Arbeeny to remove and replace bulkhead,
dredge, backfill, remove existing dock and replace with hinged ramp
and float. Property located on Lake Drive, Reydon Shores,
Southold, N.Y.
VI. ASSESSMENTS:
NOTICE OF NO SIGNIFICANT EFFECT
RESOLVED that pursuant to Article 8 of the Environmental
Conservation Law, State Environmental QUality Review and 6NYCRR
Part 617, Section 617.10 and Chapter 44 of the Code of the Town of
Southold,
Notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project, which is unlisted, will not have a significant effect on
the environment.
The project has been determined not to have a significant effect on
the environment for the following reasons:
An environmental assessment has been su30mitted, which
indicated that no significant adverse effects to the environment
are likely to occur should the project be implemented as planned.
Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project would
not have a significant effect on the environment, the following
applications have assessed as above.
1. David C. Creato, to restore pond filled in by runoff and
silt, property located at 3539 Cox Neck Road, Mattituck, N.Y.
FRANK KUJAWSKI: This has been looked at by the C.A.C.
JOHN HOLZAPFEL: We didn't see any problem at all with the little
pond. It will catch alot of the stuff from going across the road
and into the natural.
MOTION to assess as a negative declaration , unlisted action , John
Bredemeyer, second Albert Krupski, Vote of the Board: Ayes, All.
2. Conni Cross for Environmental Nurseries to install 2
bermed areas with natural plantings at entrance to Nassau Point,
Cutchogue.
FRANK KUJAWSKI: Based on our inspection and C.A.C. comments that
were no problem.
JOHN HOLZAPFEL: One thing we did co~muent, is that there was no
height on the berm and that scared us alittle bit, in the sense of,
we didn't want to see something 10 ft stuck up there. I don't
think that's the intent at all, but it was just a con~ent that
there was a horizontal size but no vertical size. We would hate to
see a big 10-12 ft. berm put up there.
FRANK KUJAWSKI: She would like it be 2 1/2 ft. high.
JOHN HOLZAPFEL: That's no problem. We just wanted to make sure
it didn't come in to a big monumental structure.
MOTION to assess as a negative declaration, Albert Krupski, second
John Bredemeyer, Vote of the Board: Ayes, All.
3. Anthony W. Leggio to register a floating dock and ramp
on property located at 2300 Glenn Road, Southold.
FRANK KUJAWSKI: I think we've been to the site several times, we
didn't have a probtem witk it.
JOHN HOLZAPFEL: It's all been straightened out.
MOTION to assess as a negative declaration, Frank Kujawski, second
Albert Krupski~ Vote of the Board: Ayes, All.
4. En-Consultants for Dr. Frank Sciotto to construct pool,
deck and gazebo at property located at 3350 West Creek Avenue,
Cutchogue.
FRANK KUJAWSKI: We did have several concerns here. I think those
concerns have been addressed, as far as the location of the filter
and fuel tanks and so on.
ALBERT KRUPSKI: That was my main concern, the fuel tanks. I'd
rather them be taken out by the land.
JOHN HOLZAPFEL: One was brought up by someone in the area saying
that the water table there was very shallow, and they've gotten
salt around there from some people. They were wondering if you
fill up the whole pool at once it could be a major problem, and
that was something to be concerned about.
JOHN BREDEMEYER: We could write that in the permit, subject to
pool with water trucked in, it's not unheard of.
JOHN HOLZAPFEL: It was brought up, and I think it's something you
should be concerned with.
FRANK KUJAWSKI: I have no problem with that, it makes sense to me.
JOHN BREDEMEYER: It's directly spelled out in the Wetland~s
Ordinance to protect water resources of the Town, so even if there
is a remote question of it, it's easier enough to get tank water.
JOHN HOLZAPFEL: The second thing we mentioned was the backwash,
that it just doesn't go back.
FRANK KUJAWSKI: We did mention that also, about backwashing into
drywells rather than into the creek.
ALBERT KRUPSKI: Is there something in writing about removing those
tanks?
JOHN HOLZAPFEL: He told us that it is a State Law that has to come
up before, and when he goes to do the pool he was going to do that.
~T.BERT KRUPSKI: It was our concern that the State law that comes
up in 1990, and we were concerned that he would put the pool in for
the season and then he would try and take the tanks out someway
that would not be compatible.
JOHN HOLZAPFEL: We got the impression he wanted to do the whole
thing and clean it up all at once.
MOTION to assess as a negative declaration with a notation that
there wllI be several restrictions that will become part of this
process during the hearing next month, Frank Kujawski, second
Albert Krupski, Vote of the Board: Ayes, All.
5. En-Consultants for Gerald Wood to construct dock and
elevated walk at property located on Holbrook Lane, Mattituck.
FRANK KUJAWSKI: I don't think there was a problem with this.
JOHN HOLZAPFEL: 'We were alittle concerned on fill they were going
to put in next to the railroad ties, and that fill could easily
start washing out.
ALBERT KRUPSKI: Wasn't there fill already there behind the
railroad ties?
JOHN HOLZAPFEL: It looked like it was going to come out, I'm just
quoting again in this particular one, I didn't see this one
personally.
FRANK KUJAWSKI: Our own recommendations were to try to
reestablish. It was ~dite away back but we were going to suggest
reestablishing that lawn there so that it didn't wash down.
JOHN HOLZAPFEL: That was the second part, that is, to put some
plantings that's going to prevent that from running off. That is a
concern and if they plant it, it would be significantly better for
the environment.
ALBERT KRUPSKI: Does the Board feel that its close enough to the
creek to warrant a buffer zone of some naturalized plantings
between the lawn and the creek? A buffer zone that would intercept
the nutrients coming off the lawn and utilize, them as opposed to
having them just run off into the sand.
FRANK KUJAWSKI: I don't know.
ALBERT KRUPSKI: I mean that would be something that would be
addressed at the public hearing.
FRANK KUJAWSKI: I think we should discuss that at the hearing. Do
you have any feelings on that, Roy?
MR. WOOD:
around.
so on.
...early, real cold and they couldn't level the dirt
All that's going to be leveled and planted with grass and
FRANK KUJAWSKI: I think we could incorporate some suggestions
along with that.
ALBERT KRUPSKI: It was our concern,it was such a steep bank all
the nutrients that are on the lawn are going to run directly into
the creek without any capacity to be filtered at the bottom.
Whereas, if put an 8 or 10 fto wide planting of naturalized species
along the front, it would intercept the runoff, just some low
growing shrubs just something to intercept the turnoff before it
gets to the creek.
MOTION to assess as a negative declaration, Frank Kujawski, second
Albert Krupski, Vote of the Board: Ayes, All.
6. Margaret McGwire to construct a 2 story garage and
adjacent storage shed on property located at 365 Campfire Lane,
Peconic.
FRANK KUJAWSKI: We looked at this~ and the area has pretty much
been developed already.
MOTION to assess as a negative declaration, second John Bredemeyer,
Vote of the Board: Ayes, Allo
FRANK KUJAWSKI: Ail of these will be scheduled also, in addition
to the new applications, for hearings next month and barring any
problems the decision at the March meeting.
THESE ASSESSMENTS AR~ AWAITING C.A.C. COMMENTS:
I. John Geideman for Crescent Beach Condominium Association
to construct a fixed dock and ramp at foot of Maple Lane, East
Marion.
FRANK KUJAWSKI: This has not been inspected by the C.AoC., but it
has been insPected by the us.
MOTION to assess as a negative declaration, unlisted action based
on our inspection and subject to the C.A.C.'s agreement, Frank
Kujawski, second John Bredemeyer, Vote of the Board: Ayes, All.
2. J.M.O. Consulting for Lambert Javelera, to reconstruct
single family dwelling, foundation and garage, property located on
Equestrian Avenue, Fishers Island.
JOHN HOLZAPFEL: That's on Fishers Island and ~we-have never seen
this one at all.
FRANK KUJAWSKI: I think probably what you do have in your file is
a letter from me about this application and some of our concerns
about the closeness to the cliff.
ALBERT KRUPSKI: Any co~Lu~ents from Larry Penny?
FRANK KUJAWSKI: No.
JOHN HOLZAPFEL: I know I didn't see that at all., and what I have
down here in our records is that we had tabled it for the new
material, and I don't think we ever got anything; otherwise, it
would have showed up and that was back in August.
FRANK KUJAWSKI: I think we can send that new material out to you.
MOTION to assess as a negative declaration subject to the C.A.C.'s
agreement, Frank Kujawski, second Albert Krupski, Vote of the
Board: Ayes, All.
3. John Sinning for Paradise Point Association to
maintenance dredge from the mouth of the basin off Southold Town
Harbor, Southold, N.Y.
FRANK KUJAWSKI: I know when the Board inspected this had cause for
concern about several of the wetland areas adjacent to what they
were going to maintenance dredge.
ALBERT KRUPSKI: If the dredging is done conservatively, it
wouldn't have any impact, but if somebody ran "amuck", a different
way, there would be alot of devastation. Even with the C.A.C.
co~ents, I'm sure they're going to have the same co~mEents, that I
don't think their comments or our concurrents are going to have any
control over whoever is going to do the dredging.
JOHN BREDEMEYER: In minor terms, in what kind of permit we write
to protect the fringing areas, maybe that's the way. I would look
down the road, I would try to protect some those fringing areas~ I
don't have a problem with the assessment.
FRANK KUJAWSKI: We could write that into the permit.
JOHN BREDEMEYER: Or we could conditional negative declarate, we
could CND if we have a long form.
ALBERT KRUPSKI: Or if we could c~mL~unicate with the contractor,
let them know about our concerns.
JOHN BREDEMEYER: I don't think its substantial, and I can't see
the Association having a problem with it, they weren't large areas
that they would be saving.
MOTION to assess as a negative declaration subject to C.A.C.
comments and agreement, John Bredemeyer, second Albert Krupski,
Vote of the Board: Ayes, All.
4. Donald Cocks for Zahra Benz to construct catwalk, ramp
and floating dock at property located at 575 westview Drive,
Mattituck.
MOTION to assess as a negative declaration subject to C.A.C.
comments and agreement, Frank Kujawski, second Albert Krupski, Vote
of the Board: Ayes, All.
VII. WAIVERS:
1. Kevin Boergessen to construct inground pool on property
located on Private Road No. 10, Southold.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, Ail.
2. Arnold Blair to construct single family dwelling on
property located on Pine Place, East Marion.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, All.
3. Robert Celentano to construct a single family dwelling
on property located on Main Road, East Marion.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, All.
4. Ward Associates for W. Hamilton to construct addition to
single family dwelling on Rambler Road, Southold.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, All.
5. Barry Improte to construct single family dwelling on lot
No. 30, Albacore Drive, Southold.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, All.
6. Proper-T Services for Barbara Barret to construct an
addition to single family dwelling located at 800 West Creek
Avenue, Cutchogue.
MOTION to grant a waiver, Frank Kujawski, second John Bredemeyer,
Vote of the Board: Ayes, All.
7. Charles Witzke for Albertson Marine to enclose an open
culvert on property located on Main Road, Southold.
MOTION to grant a waiver with the condition that a drainage pipe be"
installed at the culvert, Frank Kujawski, secondJohn-Bredemey~r,
Vote of the Board: Ayes, All.
VIII. APPROVAL OF DECEMBER 15, 1988 AND JANUARY 26, 1989 MINUTES.
JOHN BREDEMEYER: I would like to make one suggestion, on
dissenting votes there was no identification of the person.
FRANK KUJAWSKI: That's true, if its all you don't have to say
anything, but if there's abstention or nay vote you should identify
the person.
MOTION to approve with those corrections, Frank Kujawski, second
Albert Krupski, Vote of the Board: Ayes, All - Resolution adopted.
IX. APPROVAL OF MARCH, 1989 MOORING RENEWALS.
JOHN BREDEMEYER: On moorings, Don or Kent might be interested in
that, we're moving ahead to Put in the uplands stakes at the
Hallock's ramp. I've already conferred with the DEC and no permits
necessary. The Town has the cca lumber, its just a matter of I
have to see Ray Jacobs now. Hopefully, we can get it in before,
I'll compose a letter for all permittees down there, possibly we
can go to a numbering system like a Hallock's 1 - 10 or something
like that to simplify or whatever it is to conform to what we have
now. It's going to be alittle tricky in installing them because
the question of contour, running a straight line, there's been alot
of erosion down there.
MOTION to approve Albert Krupski, second Frank Kujawski, Vote of
the Board: Ayes, All - Resolution adopted.
X. AMENDMENT:
1. Joan Wetzel, amendment to permit No. 480, to replace
float with catwalk, install mooring anchor and pilings to secure
catwalk.
FRANK KUJAWSKI: They have run in to some problems with the
neighbors, with the Army Corps and so on. What they've basically
done is brought the entire structure out of the creek now to the
high water mark, and they're going to be filing an application for
a mooring post. The dock will actually be landward then, a
catwalk. They'll nose the boat in and tie it off with a stern
anchor, and apparently that's something they've checked out with
the neighbors.
ALBERT KRUPSKI: It's not a 48' skoul is it?
FRAN-K KUJAWSKI: No, it's a 17' boat. Putting their float out the
way we had approved it, just wasn't working. We do have drawings
showing a location and description of this.
ALBERT KRUPSKI: The area is Cutchogue, Pequash, right where the
creek comes into Pequash, 21 ft. of creekfront so it was difficult
to give anything in.
MOTION to approve this amendment, Frank Kujawski, second Albert
Krupski, Vote of the Board: Ayes, All.
2. John Kramer re: change of configuration of floating
dock.
FRANK KUJAWSKI: John Kramer wants the same square footage, but
instead of putting the floats parallel to his~dock~ he wants to put
them on a T on the end where there's deep enough water.
MOTION to approve this amendment, Albert Krupski, second Frank
Kujawski, Vote of the Board: Ayes, Ail.
XI. MOORINGS:
1. George B. Marschall, owner access mooring in Corey
Creek, Southold.
MOVED by Frank Kujawski, second John Bredemeyer, it was RESOLVED
that the Town Trustees approve the request made by George B.
Marschall for an offshore mooring located in Corey Creek. Vote of
the Board: Ayes, All - Resolution adopted.
2. Anthony R. Daniele, owner access mooring in Corey Creek,
Southold.
MOVED by Frank Kujawski, second John Bredemeyer, it was RESOLVED
that the Town Trustees approve the request made by Anthony R.
Daniele for an offshore mooring located in Corey Creek. Vote of
the Board: Ayes, All.
3. Richard Langenfass, public access mooring in Little
Creek, Cutchogue.
DON DZENKOWSKI: According to his drawing there shouldn't be any
problems.
MOVED By Frank Kujawski, second John Bredemeyer, it was RESOLVED
that the Town Trustees approve the request made by Richard
Langenfass for an offshore mooring located in Little Creek. Vote
of the Board: Ayes, All.
XII. APPROVAL OF TRUSTEES TENTATIVE MEETING DATES FOR THE
BALANCE OF 1989.
It was decided to approve the tentative meeting dates, and we will
attempt to adhere to this schedule.
NEXT REGULAR MEETING: Thursday, March 23, 1989 at 7:00 P.M.
FIELD INSPECTIONS: Thursday, March 16, 1989 at 12:00 P.M.
LIST OF TENTATIVE MEETING DATES:
Thursday, April 27, 1989 - Inspections, Thursday, April 20, 1989.
Thursday, May 25, 1989 - Inspections, Thursday, May 18, 1989.
Thursday, June 22, 1989 - Inspections, Thursday, June 15, 1989.
Thursday, July 27, t989 - Inspections, Thursday, July 20, 1989
Thursday, August 24, 1989 - Inspections, ThUrsday, August 17, 1989~
Thursday, Sept. 28, 1989 - Inspections, Thursday, Sept. 21, 1989.
Thursday, Oct. 19, 1989 - Inspections, Thursday, Oct. 12, 1989.
Thursday, Nov. 16, 1989 - Inspections, Thursday, Nov. 9, 1989.
Thursday, Dec. 21, 1989 - Inspections, Thursday, Dec. 14, 1989.
MOVED by Albert Krupski, second Frank Kujawski, it was RESOLVED to
approve those dates and times through 1989 as tentative dates,
Vote of the Board: Ayes, All - Resolution adopted.
XIII. APPROVAL OF GRANDFATHER APPLICATION for~Withelm Franken,
property located at 965 Ospre!rnest Road, Greenport, to register a
preexisting floating dock, that was constructed approximately in
1955.
MOVED by Albert Krupski, second Frank Kujawski, it was RESOLVED to
approve this grandfather application of Wilhelm Franken to register
a structure, Vote of the Board: Ayes, Ail - Resolution adopted.
XIV. EXTENSION OF WETLAND PERMITS:
1. William H. Lieblein, Pres. for Port of Egypt, extension
of permit number 200, TO maintenance dredge along waterfront at
Port of Egypt (Budd's Pond).
FRANK KUJAWSKI: I would make a motion to extend the pezmit of the
Port of Egypt because that neck that's sticking out really
something has to be done as quickly as possible, and the County
will not do it.
MOVED by Frank Kujawski, second Albert Krupski, it was RESOLVED to
extend permit number 200 for one year, Vote oi the Board: Ayes,
All - Resolution adopted.
2. West Lake Association Association request to extend
permit number 418.
MOVED by Frank Kujawski, second John Bredemeyer, it was RESOLVED to
extend permit number 418 for one year until July of 1990, and if
more time is needed they may reappiy, with the condition that West
Lake Association obtains adequate liability insurance for this
project. Vote of the Board: Ayes, All - Resolution adopted.
JOHN BREDEMEYER: Could you put a little star on that file, to make
particular care that we have insurance. There was a particular
point on the liability insurance because neighbors felt a greeve
that the operations conducted might damage their property. So we
looked into a very specifically and the Town Attorney reviewed it
for a certain line of liability insurance naming the Town harmless
if something should go wrong.
MOTION to adjourn the meeting at 9:00 P.M. by Frank Kujawski,
second Albert Krupski, Vote of the Board: Ayes, All.
an Roma'nowski - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:30 P.M. HEARING IN THE MATTER OF THE APPLICATION OF
EN-CONSULTANTS ON BEHALF OF WILLIAM CORWIN - APPROVAL.
MOTION to recess the Board so that we can go into hearings.
MOVED by Trustee John Bredemeyer, second by Trustee Albert Krupski,
Vote of the Board: Ayes, All.
FRANK KUJAWSKI: The first hearing is in the matter of
En-Consultants on behalf of William Corwin to construct a wooden
deck over an existing patio on the north side of the dwelling, and
the property is located on New Suffolk Avenue, New Suffolk, N.Y.
The Board did inspect this site, and we really didn't see any
problems. Does anyone in the audience have any col~a,ents either for
or against this application.
ROY HAJE FOR THE APPLICANT WILLIAM CORWIN: Project which you have
in front of you now represents the modifications to the original
following a DEC hearing. At that hearing, Mr. Corwin agreed to the
DEC's reco~L~tendations to place it in the location shown so that it
really is in affect a replacement of that patio that's there now
it's just upgrading it and making it look alittle nicer. It won't
be encroaching on any wetlands or anything. There should really be
no effect.
FRANK KUJAWSKI: Any other comments regarding this application?
NO RESPONSE FROM AUDIENCE.
FRANK KUJAWSKI: I think I would like to take these all
individually tonight.
MOTION to approve this application, Frank Kujawski, second John
Bredemeyer, Vote of the Board: Ayes, All - Resolution adopted.
FRANK KUJAWSKI: I think the motion is made in light of the fact
that there were no objections, and this project has been mitigated
reduce ~y effects.
an Romanowski - Clerk - Trustees
MOVED by Trustee Frank Kujawski, second Trustee John Bredemeyer,
Vote of the Board: Ayes, Trustee Kujawski, Trustee Krupski,
Trustee Bredemeyer - Resolution adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989,RE~ARDING
APPLICATION NO. 10-88-116-3-17 EN-CONSULTANTS FOE WILLIAM CORWIN.
WHEREAS, En-Consultants on behalf of William Corwin applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
October 6, 1988, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be hear, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, The Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, THE Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that En-Consuttants on BEHALF of William Corwin BE AND
HEREBY IS GRATED PERMISSION UNDER THE SETLAND ORDINANCE TO:
construct wooden deck on single family dwelling, install drywells
and natural plantings between lawn and wetlands.
This permit will expire two years from the date_it is signed if
Work has not commenced by said date. Fees must be paid and pezmit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of this project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency whichmay also have an application
pending for the same or similar project.
Vote of the Board: Ayes; All - Resolution adopted.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON ~HE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD Tg~W~ HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PER~ITS UNDER THE PROVISIONS OF T~E
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCITMAN AND SUFFOLK TIMES.
7:33 P.M. HEARING IN THE MATTER OF THE APPLICATION OF
EN-CONSULTANTS ON BEHALF OF ROBERT KEITH - APPROVAL
FRANK KUJAWSKI: The next one is again from Eh-ConsultantS for
Robert Keith to construct a single family dwelling on Willis Creek
Drive in Mattituck. This project has been modified several times
and has a number of restrictions place upon it, and i think thare
was a time problem also regarding this application. Is there
anyone here that would like to speak either for or against this
application?
ROY HAJE: I think you essentially stated what the concerns are
here and that it has been modified several times. We have frun, the
last meeting also gotten ........ you should have a receipt or copy
in your file.
FRANK KUJAWSKI: Can we have a copy of the Health Department also.
ROY HAJE: No, you don't I just got that.
FRANK KUJAWSKI: Okay, if could just FAX that over to us or
something.
ROY HAJE: I can send out to you this week. Everything though has
been moved a considers_ble distance away so that there should again
FRANK KUJAWSKI: Yes, we appreciate the, I do anyway, the
modifications that have been made by the applicant and you.
JOHN HOLZAPFEL: I don't have all the modifications, was one of
them a 50 ft. undisturbed.
ROY HAJE: One of the conditions imposed by the DEC was that.
JOHN HOLZAPFEL: I just didn't see that and that was one of our
recommendations and I just wanted to make sure that was in there.
~ROY HAJE: If I could give you a copy of this Health Department
approval because I won't be in the office, maybe you can photo it
and send it back to me, I think that might be quicker. OKAY.
FRANK KUJAWSKI: I think we can move on this.
MOVED by Trustee Bredemeyer, second by Trustee Krupski, to approve
this application subject to the restrictions in the DEC pez~L,it,
k~of t,h~ Board: Ayes, All - Resolution adopted.
an Romahowski- Clerk - Trustees
MOVED by Trustee Bredemeyer, second by Trustee Krupski, approval of
this application subject to the restrictions in the DEC permit,
Vote of the Board: Ayes, Trustee Kujawski, Trustee Bredemeyer,
Trustee Krupski - Resolution adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 8-88-i23-10-2 EN-CONSULTANTS FOR ROBERT KEITH~.
WHEREAS, En-Consultants on behalf of Robert Keith applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated August
30, 1988 and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at Which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the Town,
NOW, THEREFORE BE IT
RESOLVED that Eh-COnsultants ON BEHALF OF Robert Keith BE AND
HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Construct a single family dwelling, sanitary system, driveway and
475 cubic yards of clean fill to be trucked in from an upland
source.
This permit will expire two years from the date it is signed if
work has not co~..enced by said date. Fees must be paid and permit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
comwIetion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THETOWN OF SOUTHOLD, AT THE SOUTHOLDTOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERFiITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THETOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHF~/q AND SUFFOLK TIMES.
7:36 P.M. HEARING IN THE MATTER OF THE APPLICATION OF FREDERICK
KRUG - APPROVAL.
FRANK KUJAWSKI: The next one is in the matter of the application
of Frederick Krug for maintenance dredging. This is at Budd's Pond.
Road in Southold. I there anyone to speak either in favor or in
opposition to this application?
ROY HAJE: I am here representing Mr. Krug. This was an
application which you had approved several years ago for the
replacement of the bulkheading at the time and the dock conditions
into dredging. It now requires a redredging since it has filled
in. The DEC permit was extended to allow it the original core
permit is still valid. Spoil will go up on the property and back
of the bulkhead.
JOHN HOLZAPFEL: Just behind the bulkhead? Is there any room? Is
that going to build that up higher?
ROY HAJE: It doesn't have to go immediately behind. No, he's got
a whole vacant lot there.
JOHN HOLZAPFEL: We had suggested 50 or 70 ft. away from it instead
of putting it right next to it. The way it was said it sounded
like it was going right behind it and that it was just going to
wash over.
ROY HAJE: No, that would be kind of productive of them.
JOHN HOLZAPFEL: I understand, but it wasn't unclearly stated.
FRANK KUJAWSKI: Wouldn't there be any opposition of making that
part of the permit?
ROY HAJE: I wouldn't want to see it so that it was restricted to
50 only cause I think what he~s going to do is spread it in that
whole area.
ALBERT KRUPSKI: I don't think it's a problem.
JOHN HOLZAPFEL: There would be no problem either but it just might
end up a pile right there.
FRANK KUJAWSKt: Are there any other comments regarding this
application? NO RESPONSE FROM THE AUDIENCE.
MOVED by Trustee Bredemeyer, second by Trustee Krupski to approve
this application, Vote of the Board: Ayes, All - Resolution
~opted. ~
gan Romanowski . Clerk - Trustees
MOVED BY Trustee Bredemeyer, second by Trustee Krupski to approve
this application, Vote of the Board: Ayes, Trustee Kujawski,
Trustee Bredemeyer, Trustee Krupski - Resolution adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOD/~D OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 10-88-56-5-20 EN-CONSULTANTS FOR FREDERICK KRUG.
WHEREAS, Eh-Consultants on behalf of Frederick Krug applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
October 13, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory COuncil for their findings and
reco~m~endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board considered all the testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that En-Consultants ON BEHALF of Frederick Krug BE AND
HEREBY IS GRANTED PERMISSION UNDER THEWETLAND ORDINANCE TO:
maintenance dredge area 8' x 58' to 4' below MLW, approximately 18
cubic yards to be removed and placed on owners property.
This permit will expire two years from the date it is signed if
work has not commenced by said date. Fees must be paid and pezmit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PETS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:39 P.M. HEARING IN THE MATTER OF THE APPLICATION OF J.M.O.
CONSULTING FOR LAUGHING WATERS PROPERTY OWNERS ASSOCIATIONJ~E0~D l
FRANK KUJAWSKI: Next one is J.M.O. Consulting for Laughing Waters
Property Owners Association. This is located at Minnehaha Blvd.in
Southotd. Is there anyone who to speak in favor or opposition to
this application?
JOHN HOLZAPFEL: I'll make some comments, I don't know if it's for
or against~
STEVE LATSON (BAYMENtS ASSOCIATION): I'm just curious about the
dredging. Is this previously dredged?
FRANK KUJAWSKI: I believe this is maintenance.
JOHN HOLZAPFEL: It's right next to, you know where they put the
new butkheading in.
DAVID GUSIL9SAN (SEC. LAUGHING WATERS ASSOC.): I am the secretary
of the Laughing Waters Association. I can explain what happened,
if I may. When we applied for installing a new bulkhead. We had
it in mind that the existing bulkhead was going to stay in place.
The DEC said we must remove the old bulkhead. Therefore, in the
process of removing the bulkhead during the winter we lost alct of
soil when the old bulkhead was removed and until the new bulkhead
was put in place. So I believe that Mr. Samuel's from Rambo, Inc.
had written a letter to the Trustees stating the fact we had lost
alot of soil and had caused the area around the boat slips to be
become very shallow and I think he's asking for additional dredging
to be put right behind the new bulkhead. I'm not an authority on
this. We asked for
JOHN HOLZAPFEL: Last month, you might recall that he asked if he
could dredge it, just where the slips are. Where all those
little boats are, he just wants to go where those boats are going.
STEVE LATSON: I was wondering it was natural bottom or already
previously been dredged.
JOHN HOLZAPFEL: It's already been dredged and it's down. At low
tide, you could walk across.
DAVID GUSILMAN: If you want to call it wetlands you may, but its
under boat slips. It had been dredged and it has been filled in by
the wash during the winter. I have been done there and we have
extremely low tides this time of the year and there is virtually no
water and the slips are sitting on the bottom. I'm not an expert
but none else spoke so I just saying what.
FRANK KUJAWSKI: You actually explained the problem quite well. We
were able to see that also when we went and took at look at this.
JOHN HOLZAPFEL: Can I just add the one, there's no problem as far
as we're concerned. The one problem that I had brought up last
month when we spoke about it briefly was the wing that's going
out. That wasn't on the original plans and I run by there every
day. The road narrows and the road goes down 6 or 8 inches and the
water tends to collect there and then runs right down and the
bulkhead is this way and then a new part is put out that way, and
that water is running right down through there, and t think its
apparently washing through there. That wasn't there before and
that scares me that's going to be digging out behind the bulkhead,
the side and also the wetland bank there.
TOM SAMUELS (RAMBO, INC.): The return instead of going back into
the upland extends to the northeast. That area is a phragmites
area. That is not going to be backfilled per say. It'S just going
to be a normal grade.
JOHN HOLZAPFEL: My main concern is the runoff from the road.
TOM SAMUELS: I understand what you're to be
invaded by phragmites in a short time. Only God that,
and God is not seeing fit to curb the invasive character of
Phragmites. As a matter of fact you might ~know, the Town has one
site it uses phragmites t° filter road runoff~ So'i'd be very
happy if this phragmites in this particular site does infact invade
that corner of the property, which it will do. That property had
been eroding into the adjacent slip, the first slip which had an
endless maintenance problem, which could not be addressed with
other than .lengthy and prolonged permit applications. So when this
project was proposed with hope that we could kill that bird with
the same stone. It's a very short little piece of structure. I
think it will do the job and prevent erosion or runoff not
necessarily nutrients or road contamination but silt and so on
around the end of it into the last slip. Because its very
difficult for these Associations to ....... becoming that frequently
for very minor 5 yard dredging jobs plus the mobilization of
getting a contractor there. So there was not an intend to close it
off, that water has to go somewhere.
JO~N HOLZAPFEL: I understand that, I mean the Town has its own
pipe 100 feet down the road that goes right into the Creek, but I
would just hate to see just one more thing happen. Second part,
don't you think that the salt water is going to go behind that
there?
TOM SAMUELS: Most certainly.
JOHN HOLZAPFEL: And don't you think the tide will be washing that
in and out all the time.
TOM SAMUELS: That's why that's there, cause there's no way to
prevent that bank from eventually collapsing to the elevation that
the phragmites. I really have no explanation other than, you can't
bulkhead the whole creek. We're just trying to protect the basin
from repeated high environmental impact dredging. Are there any
other questions I might answer?
FRANK KUJAWSKI: Are there any other comments about this
application?
MOVED by Trustee Bredemeyer, second by Trustee Krupski,tc approve
this application, Vote of the Board: Ayes, All - Resolution
adopted. ~ ~
~ - rk - Trustees
MOVED by Trustee Bredemeyer, second by Trustee Krupski, to approve
this application, Vote of the Board: Ayes, All - Resolution
adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HET~ ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 7-88-87-3-70 J.M.O. CONSULTING FOR LAUGHING WATERS
PROPERTY OWNERS ASSOCIATION.
WHEREAS, J.M.O. Consulting on behalf of Laughing Waters Property
Owners Assoc. applied to the Southold Town Trustees for a pezmit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated July i0, 1988, and
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their finding and
reco~endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members hate personally viewed and are familiar
with the promises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and
documentation s~hmitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that J.M.O. Consulting ON BEHALF OF.Laughing Waters
Property Owners Association BE AND HEREBY IS GRANTED PERMISSION
UNDER THE WETLAND ORDINANCE TO: Reconstruct 227' of timber
bulkhead and dredge area 3' seaward to a depth of 3' at MLW.
This pezmit will expire two years from the date it is signed if
work has not co~m~enced by said date. Fees must be paid and permit
issued within six months of the date of this notification. Tow
inspections are required and the Trustees are to be notified upon
completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OFT HE TOWN OF SOUTHOLD, AT THE SOUTHOLDTOWNHALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLANDS ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCPIMAN AND SUFFOLK TIMES.
7:42 P.M. HEARING IN THE MATTER OF THE APPLICATION OF COSTELLO
MARINE FOR MATEO LETTUNICH - APPROVAL
FRANK KUJAWSKI: In the matter of the application of Costello
Marine for Mateo Lettunich to reinforce a concrete and rock
seawall, and reconstruct the easterly rock revetments with rocks
and filter. This is on Bay Home Road in Southold. Is there anyone
to speak either in favor or against this application.
JOHN COSTELLO: Does the Board have any questions?
FRANK KUJAWSKI: Hearing no co~ents.
MOVED by Trustee Krupski, second by Trustee Kujawski to approve
this application, Vote of the Board: Ayes, All.
~a~n %ofn~ows~rk - Trustees
MOVED by Trustee Krupski, second by Trustee Kujawski to approve
this application, Vote of the Board: Ayes, All - Resolution
adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 1-3-89-56-5-36, COSTELLOMARINE ON BEHALF OF MATEO
LETTUNICH, BAY HOME ROAD, SOUTHOLD, N.Y.
WHEREAS, Costetlo Marine on behalf of Mateo Lettunich applied to
the Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
January 6, 1989, and
WHEREAS, said application was referred to the SoutholdTown
Conservation Advisory Council for their findings and
recoim~endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which, time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimonyand
documentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that Costello Marine ON BEHALF OF Matteo Lettunich BE AND
HEREBY IS GRANTED PERMISSIONUNDERTHEWETLAND ORDINANCE TO:
Reinforce concrete seawall including returns, approximately 110',
and reconstruct rock revetment with rocks and filter cloth, on
property located on Bay Home Road, Southold, N.Y.
~nis permit will expire two years from the date it is signed
if work has not col~u~,encedby said date. Fees must be paid and
permit issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:45 P.M. HEARING IN THE MATTER OF THE APPLICATION OF A~TOINETTE
AND FRANK NOTARO - TABLED.
FRANK KUJAWSKI: The next one is in the matter of Antoinette and
Frank Notaro to construct 2 additions to a single family dwelling
including a stairway, catwalk, ramp, float and to dredge. The
property is located at Calves Neck Road, Southold, N.Y. Are ~nere
any comments for or against this application?
STEVE LATSON (BAYMEN'S A~SOC.): Dredging, we object to it. This
is natural bottom here. Take away natural bottom, probably the
federal government is going to give the Southold Town $100,000 to
help fix up Town Creek on a runoff project. It seems ridiculous to
do that if we're going to take away bottom that we're trying to
protect. So our Association is against any dredging.
FRANK KUJAWSKI: Are there any other coLm~ents?
JOHN COSTELLO: I'm not involved with the application except I know
the area and it is not totally natural bottom. It is alot of
siltation .....
FRANK KUJAWSKI: Steve, let's let everybody have a chance to
speak. I don't want to get this into a back and forth thing.
you have some new co~auents to add.
If
STEVE LATSON: I would just like to refute the siltation.
FRANK KUJAWSKI: I don't know if that's part of the hearing
process, because we probably couldn't prove that either way.
GLENN JUST (AGENT FOR NOTARO FAMILY): Again, this project we
started off by hiring surveyors to do soundings in the area. We've
shown actual proof that alittle dredging is needed for the Notaro's
to bring in the boat that they do own. It's not that they are
going out to purchase a 48' sailboat, they own one, it draws 5 1/2
ft. of water. The project has been reduced drastically at least 4
times to about, I think it its 60 cu. yds. now just around one of
the dock. It'll use this one side of the dock. Nothing short of
that they wouldn't be able to use .... , that's that in a nut shell.
FRANK KUJAWSKI: Any other comments about this application?
ALBERT KRUPSKI: What about the CAC, what do they have to say about
this?
JOHN HOLZAPFEL: Originally, we had turned it down the way it stood,
and then we had made recommendations to bring it down to a
reasonable size, and last month, whenI had asked, Glenn had given
me the measurements and it was exactly what we had reco~ended.
they were taking about a foot off the bottom, one side of the
dock. So it fit in to our newer recommendations. Originally, we
thought it was much too big and they were taking a tremendous
amount of area. So its hard to be against it following that they
have made such a reduction and they really did what we had
askedth~m to do. Just looking the bottom was surveyed and its 4
1/2 - 5 ft. and they so they were taking 1 ft. out, and they cut it
about 1/3. So, our original co~m~ent was no, we didn't want the
project done as is. Last month, I think, Glenn had shown us the
revised plans and we mentioned it and everybody seemed to say that
that was a reasonable compromise.
ALBERT KRUPSKI: You know you get into revised plans, and that is
sort of a nebulous area, they could have applied for anything, for
an airport there, and could have revised it down to a boat slip.
It just comes down to the fact that you're making the creek fit the
boat instead of the boat fitting the creek. This quote fits here.
FRAI~K KUJAWSKI: Unfortunately there aren't black and white
sometimes, sometime there are grays. One of our purposes up here
is to help design a project as best we can.
ALBERT KRUPSKI: I think the people were giving alternatives to the
use of their boat that they have, and they wer~en't turned on by
them.
FR3uNK KUJAWSKI: I would think that if this, if the fact that there
are 3 members up here, isn't going to resolve anything tonight then
I would make, I'm not making a motion yet, I'm looking for guidance
from you and Jay, but I would make a motion to table this until,
for a decision. I would close the hearing, unless there are other
comments and move to table the decision on this application to our
March meeting, if you would like that to be done.
ALBERT KRUPSKI: Only if the Board is open to future discussion on
this~ as a matter of policy making for the Board as to having boats
fit the creek or
FRANK KUJAWSKI: I'm the one who certainly has these kinds of
strong feelings, I'm saying which way I would vote on this. I
thinkthis project has gone a long way. I'm very happy. You know
if theSilve~ application years ago, maydredge ub some old muck
for a moment, had this much mitigation I certainly would have felt
atot differently about that project, and many others as you go back
into the past. Sixty cu. yds., I don't know, I really don't know
right now. If you would like to postpone this, we don't even have
to close the hearing, we could recess the hearing and re-adjourn
the hearing next month for more input.
JOHN BREDEMEYER: I think the motion you suggest should have to
come from Al. I really don't have a problem with the way this is,
I certainly would support a general discussion on the policy of the
creek versus
FRANK KUJAWSKI: We have a policy. Our policy is from way back,
100 cu. yds. generates a significant environmental effect, We have
no policy as to how many cu. yds. on the other side doesn't
generate an effect. This is where I'm left.
JOHN BRR~EMEYER: As resource managers who act in our capacity, we
don't have alot of data to deal with. I mean alot of environmental
decisions are based weighing out atot of nonspecific infozmation,
but certainly the pattern of use of this creek has been one to
allow for the individual homeowner to have very substantial boats
by most town standards in the creek. At least from where i sit~ I
really don't have a strong feeling' that a very restricted dredging
project on this bottom is damaging other than the coverage lost to
shellfishing and these are areas that should be take up in toto
When you discuss a creek like this, and then you discuss putting
additional controls, which we already have on a whole bunch of
creeks through critical area designations, where we go the other
way where clearly you just never see a project like this approved.
I'll leave it to you, I have no problem with the project, but I'd
be more than willing to have a larger discussion on the overall
issue.
FRANK KUJAWSKI: New information, Steve.
STEVE LATSON: Originally Town Creek and Jockey Creek, which share
the same mouth, were designated as significant habitats on the
scoring process. Your Board did not approve of that, but both pass
the test. I was one of the people who set up the numbers etc. So
it really is a critical habitat. We have a significant seed
program there. We put 150,000 clams in there this past year.
Anywhere in Town Creek or even Jockey Creek, where it has been
dredged even a foot you will not catch a single hard clam, you
destroy the habitat. I think that's really significant.
FRANK KUJAWSKI: Any other co~LaL~ents?
GLENN JUST: SEQRA has been ... itself. The DEC issued a negative
declaration some time ago because of inactiveness by the Town. I'm
not pointing a finger at the Trustees. SEQRAhas been settled.
There has been numerous, numerous reductions in the project. New
information, okay. SEQRA's been discussed and finalized and a
negative dec has been issued. We have met the CAC's
qualifications, requests, Whatever you want to call it. I talked
with Dr. Notaro earlier, she was here earlier for the work session,
she's totally in agreement if the Board decides to put it off till
next month, so be it.
ALBERT KRUPSKI: That's what I'm afraid of. Like Jay said, the lot
of information that we have to go on here as far as studies, as far
as saying how much productivity in the creek will be destroyed by
this dredging. There is none, it's just a gut feeling that you
have to go on whether you think this will have a significant
effect. If you think a project of this nature will have a some
significant effect and then there will be one next door, across the
creek, down the creek, etc. and you think the cumulative effect
might have a significant effect. You know it's that sort of thing
that you try and weigh out.
GLENN JUST: There's been three dredging projects within the last
couple years, not not going to say adjacent, but there very close
to it. That should have been looked into at that time before the
Notaro's invested in the house.
ALBERT KRUPSKI: The policies of the Board change. I would hope to
reflect their attitude towards the creeks. If mistakes are made,
they should be corrected; they shouldn't be continued and
perpetuated.
GLENN JUST: Again, we've gone through everything that's been asked
of us on this. The DEC issued a permit-, I have never seen so many
special conditions, I don't know if you reviewed it. I had sent it
out some time ago. There are 13 special conditions. I think it
has to be a Wednesday, full moon between 3 and 3:15 P.M., when he
dredges.
JOHN BREDEMEYER: Maybe this application could serve as a basis for
some studies directed at this creek. There have been several large
projects there, maybe we have some that. We almost had a project
of this size approved every year now for the past two or three
years. Maybe that this would be appropriate to have another
project of this type there, but maybe we could discuss some sort of
moratorium till we get some work in on these. Maybe some standing
stock assessment of the shellfish, part of this new committee
assignment. If we're really serious about it and you're talking
about hard data, you can't go pro or con unless you have some minor
projects out there and then will be it. Then we'll have several
out there that have already been completed of, and if it's true
that some would say the bottom was going to recover to
productivity, we'd be able to see one way or another. This is
~umplng far ahead into our discussion of looking into these areas,
but it's a case you're going to have to look at some where they
have been done, I can think of two others there that and this would
make a third, would make a good study on.
ALBERT KRUPSKI: I don't know who's going to do the study though.
JOHN BREDESIEYER: Well, we've got grants.
ALBERT KRUPSKI: We have denied applications like this, I'm not
saying I'm for or against ito I'm saying we have denied
applications like this in the past where dredging was proposed in
areas where there, new dredging was proposed in productive creeks.
FRANK KUJAWSKI: Of this size? I'm asking for the information.
ALBERT KRUPSKI: Yes, a little boat basin and a channel to the
dredged channel.
FRANK KUJAWSKI: Boat basin having a creek.
ALBERT KRUPSKI: Similar to this, yes, boat basin being dredged in
the creek bottom in a channel even.
FRANK KUJAWSKI: Denied by this Board?
ALBERT KRUPSKI: Sure. I'm sorry, not denied. They were
discouraged from continuing with the application because of the
impact it would have and the severity of the review that would have
to entail, with no guarantees of success.
FRANK KUJAWSKI: Any other information on this application?
TOM SAMUELS: I have no interest in this application whatsoever,
and I have no knowledge of it before tonight, but I have to quarrel
with a statement that's being said because it's unfounded, or at
least it's unproven; and, when I hear these generalities, they just
excite me to no end. And that is, that hard clams are never found
on previously dredged bottom. That's absolute nonsense. I am a
Clammer and I pay, a recreational clammer, one of the best places
to clam, and I had this discussion with Steve, is at the edge of a
previously dredged channel within two to three years after it's
been dredged. I remember old Duke Latham, I think, we all know
Duke and he's in Florida now, but he'll come up and tell you many
stories and I have seen it again and again. I have been in the
dredging business now for I guess for 17-23 years, and I hate to
hear those generalities. Now I'm as concerned as Steve is with the
livelihood of the Baymen, but I don't think the best interest of
the Baymen is served with statements like that, unless he has some
documentation ....... is now requiring on alot of jobs, plar~t
counts and moving plans. We're doing a job in Sebonnae Creek in
Southampton now. The point I want to make is simply this, I don't
feel that we should make general statements unless they have some
foundation, and they should not be these emotional environmental
halo type biased statements because they bother me. That's the
point I wanted to make, and the only point I want to make is the
statement that hard clams are not found on previously dredged
bottom is not true. Thank you.
FRANK KUJAWSKI: I would like to ask, just as a point of
information here from Bay Constables, if you have any knowledge if
whether dredged areas support clams?
DON DZENKOWSKI: I can think of a couple different instances like
Gull Pond when it was dredged originally, most of that bottemwas
unproductive and now a few people have done quite well .....
FRANK KUJAWSKI: Have done well.
DON DZENKOWSKI: Yes.
ALBERT KRUPSKI: What bothers me is what this fellow from Laughing
Waters Association said, and I think he summed it up well. When
the area under the floating dock and the boat is not a wetlands.
He doesn't even consider that a wetland because it is completely
covered and it's probably not productive bottom.
JOHN BREDEMEYER: I think that's a matter of semantics that it's
crazy to just go on, it's vain. He's probably perceiving wetland
as the vernacular means the green vegetation that borders the tidal
flats and surface waters. It just seems to me, we are really
beating ....
FRANK KUJAWSKI: Do i have a motion to table ~is or what?
RONNIE WACKER: Could I just make a comment? ..... public hearing
can ...... discuss dredging versus cultivation of a bottom ....
FRANK KUJAWSKI: I would like it to added in.
JEFF GOUBEAUD: I just wanted to add like the Army Corps of
Engineers came out does have a study that concurs with what Dr.
Samuels says. It was dug out in the Carolina's and the
Virginia's ..... done within 2 years of extensive dredging down
there. They found shellfish activity back in the dredged areas.
FRANK KUJAWSKI: I am looking for that kind o~information for my
own purposes.
JEFF GOUBEAUD: It was .... to the Trustees when I was on t~e
Board. I might still have it in my files if I can find it.
give you a copy of it.
I will
ELLEN LARSEN: You seem to suggest that shellfish will occur in
areas where there is not large siltation. When you have extensive
sittatio~ in a dredged area, where its an area that will receive
road runoff, where there's been outwash into, it decreases the
oXygenleveis and most shellfish~can't get the oxygen Or the
nutrients they need. So it is on a site specific basis. If you're
dredging, the Army Corps does dredging in open waters and in open
water areas where there is an extreme fetch and tidal current
shellfish will reoccur. I attended the Milford Labs Ninth Annual
shellfish seminar, which was basically a mariculturesseminar, but
hoWever; they spend a good part of this conferenceaddreSSing the
water quality and'the impact of residential development and
population trends on the coastal zone. Basically, what they said
is that there is a huge difference between dredging and
cUltivation. If an area needs a, a bay bottom needs oxygen, it
needs to be worked. So consequently, because of the additional
closures on most on many and increasingly so all the time on many
habitat areas. You're not getting the oxygenation and the
cultivation that you had gotten in the past to enhance the
shellfish habitat. However, according to them and I'll be happy to
pass this information on to you, in areas that are dredged for
either increased residential development, increased boat habitat
areas that do receive extensive road water runoff. When this heavy
silt concentration hits and there is heavy siltation that this
definitely is detrimental to shellfishing. So, from cumulative
point of view, from an individual point of view, 60 yds. here, 100
yds. here, 200 yds. here, is non-significant individually, but when
you cumulatively look at the impacts from dredging for individuals
to either to moor a boat or homeowners association, etc. that it is
detrimental overall in areas where there is sea road water runoff
and it will silt. Another thing to remember when you're
considering dredging is that the creek bottoms are public trusts,
and it's public property, and that in the years to come you know
our population hasn't peaked. They assume that it will peak to 300
million people within the next 50 years, and 75 per cent will be
living along the coastal zone. I would suggest that you look at
these policies because the major areas that you're dealing with are
low density zoning areas. So, if there is going to be any hope for
the creeks in the future and I'm certainly not singling out this
location, but you have your work ahead of you.
JOHN BREDEMEYER: While we're still on it, we're gettinq into
information specific, you brought up Silverman earlier,-and Chuck
Hamilton spoke at length about that and he expected bottom recovery
on that project in 5 years, full recovery, and that was a much
larger project, and he is considered a expert,in this area, I am
sure.
ALBERT KRUPSKI: I will make a motion to table it and to vote on it
after we receive more information from Ellen and from Jeff on the
effects of dredging, so that the Board can make a review on it and
develop a policy on dredging.
FRANK KUJAWSKi: Jeff, said that he already distributed that
information to you.
JEFF GOUBEAUD: No, I said ..... I had that infozmation when I was
on the Board several years back and so I filed it, so I'll see if I
can dig it out of the files, and give it to you.
FRANK KUJAWSKI: I would like to make a motion to close the hearing
cause I think the hearing part is done. We can add that
information to the file.
ALBERT KRUPSKI: As long as we can add that information to the file.
FRANK KUJAWSKI: That will be part of the motion, close the
hearing, but to add that information on dredging and shellfishing
to the file.
ALBERT KRUPSKI: Unless you want to recess the hearing.
FRANK KUJAWSKI: Then we have to re-advertise it.
MOTION to close the hearing with the condition to add information
on dredging and shellfishing to be added to the file, Trustee
Kujawski, second by Trustee Bredemeyer.
JOHN COSTELLO: Actually I think you have accomplished quite abit
on this tonight, like educating not only me, but some of the other
public, and that's the process. I think you are making a terrible
mistake by picking out this single job. I think you have to
educated the people and try to mitigate the best circumstances. It
sounds like to me the client had made that effort, his agent has
made an effort. The input is good, and that's the only way the
people are going to benefit by these conservations.
ALBERT KRUPSKI: But the applicant does have the alternative to use
their boat without the dredging.
JOHN COSTELLO: Dredging is helpful for oxygenating some waters.
This specific circumstances I'm not f~miliar with...
The original motion was to close the hearing and to add the
infozmation that Jeff Goubeaud and Ellen Larsen will be sending,
Vote the Board: Ayes, All.
MOTION to table and not to vote on this until we have a discussion
with the information with the full Board to try to develop some
sort of policy on dredging under 100 cu. yds.
JOHN BREDEMEYER: Could you modify that to force that vote at the
next meeting. I think it's unfair to these .. I think it's a
linkage to the individual applicant.
ALBERT KRUPSKI: I can, providing that we have the full Board to
either at a work session~ I suppose, to discuss this.
MOTION to table till next month when a vote will be taken at the
March meeting, Trustee Krupski, second by Trustee Bredemeyer, Vote
of the Board: Ayes, All.
The discussion has to be at the work session, and we have a work
sion b~ore the meeting.
n Romanowski - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD T~WN H~Lt
MAIN ROADr SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDEtt THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISPF~.~ IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:48 P.M. R~LARING IN THE MATTER OF THE APPLICATION OF
EN-CONSULTANTS FOR MARIE NERSOYAN - APPROVAL
FRANK KUJAWSKI: In the matter of the application of En-Consultants
for Marie Nersoyan to construct a bulkhead and stairway, and to
construct a fixed dock, dredge. Roy or anyone would like to make
any comments regarding this application. This is in Mesrobian
Drive in Laurel.
ROY HAJE for the applicant: This is a small project to replace a
...... and failing bulkhead. Some of that backfill has eroded into
the creek. We also want to take out that old platfozm which is
there, and replace it with something which is closer in and make it
more suitable for keeping a small boat. The DEC and Army Corps
have already approved it.
FRANK KUJAWSKI: Any other comments about this application?
MOTION to close this hearing and approve this application, Trustee
Kujawski, second Trustee Krupski, Vote of the...Boar;d: Ayes, All -
R~olutio~adopted.
omanowski - Clerk - Trustees
MOVED by Trustee Kujawski, second by Trustee Krupski, to close this
hearing and approve this application, Vote of the Board: Ayes, All
- Resolution adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, t989, REGARDING
APPLICATION NO. 9-88-145-4-21 EN-CONSULTANTS FOR MARIE NERSOYAN,
MESROBIAN DRIVE IN LAUREL.
WHEREAS, En-Consultants, on behalf of Marie Nersoyan applied to the
Southotd Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
September 21, 1988 and
WHEREAS, saidapplication was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and surrou~.ding area, and
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that Eh-COnsultants ON BEH~F of Marie Nersoyan BE AND
HEREBY IS GRANTED PERMISSION UNDER THE WET--ORDINANCE TO:
Reconstruct 23 ft. of existing bulkhead with an additional 8 ft.
return 20 ft. walk. Maximum 10 cu. yds. of spoil will be removed
to 3 ft. MLW and used as backfill.
This permit will expire two years from the date it is signed if
work has not commenced by said date. Fees must be paid and permit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of said project. Please take notice that this
declaration should not he considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SO~EHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FRRRUARY 28w 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:51 P.M. HEARING IN THE MATTER OF THE APPLICATION OF THOMAS
PALMER - APPROVAL
FRANK KUJAWSKI: Next, would be for Thomas Palmer to construct a
catwalk, float, deck, remove and replace an existing shed, the
carport and garage, I believe, is out of our jurisdiction even
though it's part of the application. I think we previously
established some months back that part of the project would not be
within our jurisdiction. Is there anyone to speak in favor or in
opposition to this project on Deep Hole, Mattituck? Hearing and
seeing no one I'd close the hearing.
MOTION to close the hearing and approve this application, Trustee
Kujawski, second by Trustee Bredemeyer, Vote of the Board: Ayes~
An - Resolution adopted.
an Romanowski - Clerk - Trustees
MOVED by Trustee Kujawski, second by Trustee Bredemeyer, to approve
this application, Vote of the Board: Ayes, All - Resolution
adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOAPdD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. t0-88-123-4-5 FOR THOMAS PALMER, 2050 DEEP HOLE
DRIVE, MATTITUCK, N.Y.
WHEREAS, Thomas Palmer applied to the Southold Town Trustees for a
permit under the provisions of the Wetland Ordinance of the Town of
Southold, application dated October 28, 1988 and
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recoiL,~endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on on February 28, 1989, at which time
all interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the promises in question and the surrounding area and
WHEREAS, THE Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, THE Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that Thomas Palmer BE AND HEREBY IS GRANTED PERMISSION
UNDER THE ~TLAND ORDINANCE TO:
Construct 3' x 53' catwalk, 3' x 6' ramp and 8' x 16' floating
dock, and additional work to the dwelling.
This permit will expire two years from the date it is signed if
work has not co~La~encedby said date. Fees must be paid and permit
issued within six months of the date of this notification~ Two
inspections are required and the Trustees are to be notified upon
completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application.
pending for the same or similar project.
J~an Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:54 P.M. HEARING IN THE MATTER OF THE APPLICATION OF GEOFFREY
PENNY - APPROVAL.
FRANK KUJAWSKI: The next is in the matter of the application of
Geoffrey Penny to construct a retaining wall, maintenance dredge a
boat basin, and there were several other modifications and
mitigation measures that Geoff and the Board together made for this
project. Is there anyone to speak for or against this application?
ROY HAJE FOR THE APPLICANT GEOFF PENNY: As you have stated the
project has been modified several times now. I think it is obvious
that there is erosion occurring as you can see from the flaring of
the high water line around, the bulkheads that are existing on the
east and west side. I think that it is really necessary that some
additional bulkheading accord to prevent any future projects from,
rather erosion spreading beyond this property and on to the
adjacent property as it's almost doing right now. We have reduced
the amount of dredging so that the fringing marsh which is present
will remain, and this should allow Geoff to utilize the basin which
was done years ago. Any other comments regarding this application?
JOHN HOLZAPFEL: Roy, is the iow standing retaining wall still
there? Again, we don't always get the most recent updates.
FRANK KUJAWSKI: Back against the walk?
JOHN HOLZAPFEL: Yes, on the lawn there was suppose to be a low
retaining wall. Is that gone?
ROY HAJE: No, there still will be a retaining wall, do you mean
along the north side?
JOHN HOLZAPFEL: Right, yes.
ROY HAJE: That will still be there.
JOHN HOLZAPFEL: And the spoil is going to be placed right behind
it?
ROY HAJE: Back of that
ALBERTF=RUPSKI: Right behind it. Sort of a berm to separate the
lawn from the creek.
JOHN HOLZAPFEL: And that's going to be low, real low profile?
ROY HAJE: It doesn't have to real high there at all.
FRANK KUJAWSKI: Any other comments?
NO RESPONSE FROM AUDIENCE
MOTION to close the hearing and to approve this application,
Trustee Kujawski, second by Trustee Krupski, Vote of the Board:
~ ' - Clerk - Trustees
MOVED by Trustee Kujawski, second byTrustee Krupski to close the
hearing and to approve this application, Vote of the Board: Ayes,
All.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 10-88-104-7-2, 570 MASON DRIVE, CUTCHOGUE.
WHEREAS, Geoffrey Penny applied to the Southold Town Trustees for a
pe~it under the provisions of the Wetland Ordinance of the town of
Southold, application dated October 7, 1988, and
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS~ a public hearing wash held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard~ and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that Geoffrey Penny BE AND ~RREBY IS GRANTED PERMISSION
UNDER THE WETLAND ORDINANCE TO: Construct retaining wall around
boat basin and maintenance dredge as per revised plan.
This permit will expire two year's from the date it is signed if
work has not commenced by said date. Fees must be paid and permit
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCPH~AN AND SUFFOLK TIMES.
7:57 P.M. HEARING IN THE MATTER OF EN-CONSULTANTS ON BEHALF OF
KENNETH RATHGEBER - APPROVAL.
FRANK KUJAWSKI: In the matter of the application of En-Consultants
for Kenneth Rathgeber to remove and replace a retaining wall on
property located on Nassau Point Road in Cutchogue. Is there
anyone to speak in favor or in opposition to this application?
ROY HAJE FOR THE APPLICANT: As you can see, if you have visited
the property, or if you look at the photographs, there is the
remains of a bulkhead there which was constructed uniquely enough
of pipes. The bulkhead which we propose to build wouldbe in the
same location, we would want to take that out and replace it in the
same spot with a new wood bulkhead. The DEC has approved it, it is
beyond Corps jurisdiction because it is considerably above high
water. We believe that it is necessary to replace it in that same
location for 2 reasons: one of which if we were to bring it back
further it Would be creating an extremely sharp slope between the
top of the bulkhead and the top of the bank. This might involve
some extraordinary measures such as terracing or something which
would add to the cost of the project and also perhaps give the
potential for erosion. This way we're going to create a stabile
slope, we plan on seeding it with indigenous species, grasses and
shrubs to prevent erosion. Also, if you'll notice the bath house
which is present, if it were to go back further that would be
protruding out Considerably from the line of bulkheading. We feel
this would then put that structure at risk, it already is a older
structure. The bUlkheading in the line that we proposed would
protect it to a much more greater extent. Therefore, I think the
line of bulkheading which we have shown and has been approved is
important to us to have approved as is.
JOHN HOLZAPFEL: Last time we had a discussion ~hout and I have a
little bit of problem. The survey shows the bulkhead angling out
not straight out. Okay, that's the way it will be~ it will be at
that shallow angle.
ROY HAJE: Correct.
JOHN HOLZAPFEL: Okay, that wasn't the assumption we had before, I
thought it was at a right angle sticking straight out at that
point, but it is angled. This is the survey.
MRS. RATHGEBER: One side is angled, and one side is not.
JOHN HOLZAPFEL: One of them I thought came out on a right angle,
and on the survey it shows bulkheading angled.
ROY HAJE: Let me check with the Rathgeber's.
FRANK KUJAWSKI: Roy, would you explain to us what, is this drawing
here what you want.
ROY HAJE: It's actually slightly different than what the survey
shows and what my drawing showed which was based on this survey.
FRANK KUJAWSKI: ..like an angle right across?
ALBERT KRUPSKI: I'm talking about bringing the angles closer to
the beach house because it's been the policy of the Board where
really there is no functioning structure to bring the structure
back in line with the neighbors.
MRS. RATHGEBER: There is the house on the cliff. If you make me
bring it back you will walk out the front door and drop 20
ALBERT KRUPSKI: No, we've been to the property. Our intent is not
to
5~S. RATHGEBER: This house is much higher.
of the house next to us.
We look at the roofs
ALBERT KRUPSKI: I understand that.
MRS. RATHGEBER: So if we go in line with them, we're on a..
ALBERT KRUPSKI: We don't want to make you go in line with them in
total, but we want make you come in line with them as much as
possible.
MRS. RATHGEBER: .... then you have, see the whole property across
so then right in front of the house is a little bit of a slope, but
if you walk to the side it's an absolute drop. It was always a
slope all these years .... on your own Town stuff...
ROY HAJE: On the adjacent properties ... it's not as high. This
is considerably lower so it doesn't matter if the bulkhead is back
and over here to it's quite a bit lower. This is where you get
that rise so if you were to pull it back, you'd only have that
slope on this property where you wouldn't here, I think that's the
reason it was put out there in the first place.
MRS. RATHGEBER: I think it was the natural land, we literally look
at the roof next door. We're that much above it, and you can see
from this it's just up to the front door here. So if we have to go
back like that it's really..
ALBERT KRUPSKI: See I'm not talking about the whole length, I'm
only talking about another 20 or 30 ft. here
~RS. RATHGEBER: Okay, so then not where the house is then off the
house is where the children would play, it's that bad all the way
and I'll even show you all these pictures, but
ALBERT KRUPSKI: I don't know how the rest of the Board feels on
this?
FRANCK KUJAWSKI: It doesn't bother me at all. If I had kids I'd
feel the same way, I wouldn't want that kind of slope.
ALBERT KRUPSKI: What's the height of this proposed bulkhead?
MRS. RATHGEBER: Right the way it is now, which is the same way as
the neighbors are, I mean it might be a few inches
ALBERT KRUPSKI: I mean it seems to me to be lower than the
neighbors. Aren't they higher in that area? What you're proposing
seems to be lower than the neighbors.
MRS. RAT~GEBER: No, well we just want to keep it exactly the way
it is because it worked before so we figured that must be the right
way to do it.
ALBERT KRUPSKI: Sort of.
MRS. RA~HGEBER: Just as an idea, it's informing as you can see
except that where the property is so much higher you go back in..
JOHN HOLZAPFEL: Just add one more thing. That's solved as far as
FRANK KUJAWSKI: Well, I don't know. I just like to let the record
show that a meeting took place between the CAC, the applicant, the
applicant's agent, and Dr. Samuels just for an inspector, along
with the Board.
JOHN HOLZAPFEL: The other thing that I would just like to bring up
and I know the we spoke about it before, there's a nice pipe coming
right out through the wall, and I'm sure you people saw that too,
it's closed off supposedly, but there's a drain pipe from the roof
that runs into the ground and then runs underneath the ground out
into..
ALBERT KRUPSKI: I didn't see it.
JOHN HOLZAPFEL: It's 2 ft. away from where you walk...the concrete
step, but they said it's been closed and it doesn't function, the
other thing we would like to add to that is make it a dry, ell so it
does function and there's no chance to add drywells to catch the
roof runoff.
MRS. RATHGEBER: At the house there is a gutter. In 1912 or so,
there was a pipe which is bushes now and it has not ...full
vegetation. You now want us to put in a drywell in back of the
house.
JOHN HOLZAPFEL: The thing we're talking about is you're not
allowed to roof runoff run into the Bay. It's illegal. I believe
that's town law strict and everything else, and the way it's set
up, I'm not saying it's functioning or non-functioning.
MRS. RATHGEBER: It's not even there.
JOHN HOLZAPFEL: There is a pipe coming out from underneath the
ground
MRS. RATHGEBER: It is connected to nothing, and I showed you that
when you came to the house. I was there and I showed you. There
was a gutter and there was no continuation.
FRANK KUJAWSKI: But you're going to need a leader at some point.
MRS. RATHGEBER: That's fine I'll get a leader but just he's saying
this all leads all in and to a structure.
FRANK KUJAWSKI: What he's saying is when you get a leader for the
gutter would you lead it into a drywetl, a hole.
MRS. RATHGEBER: Which means I will have to fill the drywell you
say.
FRANK KUJAWSKI: A simple structure, it's full of stones. When the
backhoe is there to help with the construction of the bulkhead, one
scoop and fill it some rocks.
MRS. RATHGEBER: W~ere we come from a drywell is 10 trucks.
ALBERT KRUPSKI: Because of the sandy soil you don't need a real
big vollune to hold the water.
JOHN HOLZAPFEL: And it's a standard in most applications, it's not
you specifically, most applications demand a drywell for roof
runoff on houses near the water.
MRS. RATHGEBER: If you put a bulkhead in?
JOHN HOLZAPFEL: No, even if you build a house, if you do anything.
MRS. RATHGEBER: I wasn't sure why roof runoff 'which I don't have
any problem with I'm trying to be environmentally safe, but I don't
understand why the gutter on my roof related to a bulkhead permit.
FRANK KUJAWSKI: What we're trying to say is once the bulkhead is
constructed the roof runoff which may run that way, shouldn't, and
the way we can prevent it from running that way is to built a
little dr!r~ell there to direct it directly into the soil, to filter
it's way back to the water table.
MRS. RATHGEBER: Okay, because it wasn't mentioned with any other
permits, I didn't realize it, I didn't realize.
FRANK KUJAWSKI: It's just being sensitive to what's going on in
addition to the bulkhead. Any other comments about this
application?
RONNIE WACKER: .... we live next door to them .... I presume this is
.... engineering and the best way to do it and it certainly sounds
sensible to have the runoff not going to the Bay. If you want any
support for the need for this bulkhead, I can certainly give that
because to me that if we get another bad stoL~ the whole thing is
going to be washed out completely. The sooner they get this the
better.
MOTION to approve this application, Trustee Kujawski, second
~ustee ~upski, Vote of the Board: Ayes, Ail - Resolution adopted.
an Romanowski - Clerk - Trustees
MOVED by Trustee Kujawski, second by Trustee Krupski, to approve
this application, Vote of the Board: Ayes, All - Resolution
adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28~ 1989, REC=ARDING
APPLICATION NO. 11-88-104-13-5, RN-CONSULTANTS FOR KENNETH AND
CHRISTINE RATHGEBER, NASSAU POINT ROAD, CUTCHOGUE, N.Y.
WHEREAS, Eh-COnsultants on behatf of Kenneth and Christine
Rathgeber applied to the Southold Town Trustees for a permit under
the provisions of the Wetland Ordinance of the Town of Southold,
application dated November 8, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989, at which time all
interested persons were given an opportunity to be heard~ and
WHEREAS, THE Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that En-Consultants ON BEHALF Kenneth and Christine
Rathgeber BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLanD
ORDINANCE TO: Remove and replace 211' retain~i, ng wall, backfill
with 1500 cubic yards of clean fill to be trucked in from an upland
source, plant indigenous species of vegetation along bulkhead to
retain runoff, install drywells to contain roof runoff.
This permit will expire two years from the date it is signed
if work has not co~Lauencedby said date. Fees must be paid and
permit issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN TPL~T PUBLIC REARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED tN THE L,I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
8:05 P.M. HEARING THE THE MATTER OF TPLE APPLICATION OF J.M.O.
CONSULTING ON BEHALF OF J. TRATAROS - APPROVAL.
FRANK KUJAWSKI: The next is J.M.O. Consultinq for J. Trataros for
a catwalk, ramp and a float in East Marion. Anyone to speak in
favor or opposition to this application?
NO RESPONSE FROM THE AUDIENCE.
MOTION to close this hearing and approve this application, Trustee
Kujawski, second by Trustee Bredemeyer, Vote of the Board: Ayes,
~n Rom~nowski - Cle~rk- Trustees
MOVED by Trustee Kujawski, second by Trustee Bredemeyer to close
the hearing and approve this application, Vote of the Board: Ayes,
All - Resolution adopted.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY' 28, 1989, REGARDING
APPLICATION NO. 11-88-23-1-18, J.M.O. CONSULTING ON BEHALF OF' J.
TRATAROS, MAIN ROAD, EAST MARION, N.Y.
WHEREAS, J.M.O. Consulting on behalf of J. Trataros applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
October 2, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
WHEREAS, THE Board has considered all the testimony and
documentation submitted concerning this application,
WHEREAS, THE board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that J.M.O. Consulting on behalf of J. Trataros BE AND
HEREBY IS GRANTED PERMISSION UNDER THE WETLA~NDORDINANCE TO:
Construct a 4' x 30' timber catwalk, 3' x t6' aluminum ramp, 6' x
20' float, install 2 mooring poles.
This permit will expire two years from the date it is signed
if work has not commenced by said date. Fees must be paid and
permit issued within six months of the date of this notification.
two inspections are required and the Trustees are to be notified
upon completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
MOVED by Trustee Krupski, second by Trustee Kujawski, to approve
this application, Vote of the Board: Ayes, All.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON FEBRUARY 28, 1989, REGARDING
APPLICATION NO. 11-88-136-1-41/42 PROPER-T SERVICES ON BEHALF OF
IRA WECHTERMAN, OAK STREET, CUTCHOGUE.
WHEREAS, Proper-T Services on behalf of Ira Wechterman applied to
the Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
November 18, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
.~espect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and
~HEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that PROPER-T SERVICES ON BEHALF OF IRA WECHTERMAN BE AND ~
HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Construct wooden deck attached to house, extend line of retaining
wall, construct 3' x 34' walkway, 3' x 12' ramp, 4' x 12' floating
dock, install piles to secure floating dock on property located at
630 Oak Street, Cutchogue, N.Y.
This permit will expire two years from the date it is signed
~~if work'has not commenced by said date. Fees must be paid and
permit issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project. Please take notice that this
deClaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC-HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THETOWN. PUBLISHED IN THE L.I. TRAVELER AND
THE SUFFOLK TIMES.
8:05 P.M. HEARING IN THE MATTER OF THE APPLICATION OF PROPER-T
SERVICES ON BEHALF OF IRA WECHTERMAN - APPROVAL.
FRANK KUJAWSKI: The next one is the application of Proper-T
Services for Ira Wechterman to construct a deck, walkway, ramp and
floating dock on Oak Street, Cutchogue. Anyone to speak for or
against this application?
NO RESPONSE FROM THE AUDIENCE.
CLOSE this hearing and
MOTION to approve this application Trustee Krupski, second by
Trustee Kujawski, Vote of the Board: Ayes, All - Resolution
adopted. ~
an Romanowski - Clerk - Trustees
NOTICE OF HEARING ON THE WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, FEBRUARY 28, 1989, ON THE
FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELEIt AND
SUFFOLK TIMES.
8:12 P.M. HEARING IN THE MATTER OF ~IE APPLICATION OF
EN-CONSULTANTS ON BEHALF OF MONICAKENNY, ET AL. (JOSEPH WILLIamS,
CANNING ELIFFEE, NICHOLAS PACE, ALBERT PINKHAM, CHARLES MCCORMACK),
HENRY ARBEE~Vf AND JOHN VANVLADRICHEN - APPROVAL.
FRANK KUJAWSKI: The last three I'll tie in together because Monica
Kenny and other neighbors includes John Van Viadrichen and Henry
Arbeeny all in the same area on Reydon Shores to replace their
bulkheads and to do some maintenance d~edging in front. Anyone
would like to speak for or against those applications?
ROY HAJE FOR KENNY, VAN VLADRICHEN, ARBEENY, AND OTHERS: The
project is currently on the way, the part of it that is replacement
of the bulkheads. All these projects are the same. They are all
to replace bulkheads, remove small amount of spoil from front, put
it in the back for backfilling. The projects have been approved by
DEC and Corps. I think they will benefit the area to prevent that
constant filtering through of the backfill into the basin. It will
be one other one that we know of and I think that should be it.
That's the one 40 ft. gap between Arbeeny and I'm not sure who the
other one is, but there will be one more also the same type project.
ALBERT KRUPSKI: Well, they will have to go through an application
on it.
FRANK KUJAWSKI: Any other co~m~ents?
JOHN HOLZAPFEL: As a general principle is there a chance there to
stop all the sod going right up to the bulkhead, and if you could
put sort of 10 or 15 ft., I know there's not alot of room there,
but something to just prevent the sod, going right up to the edge
it would be appreciated by the environment.
FRANK KUJAWSKI: I think that we could make that a suggestion to
the permit.
ALBERT KRUPSKI: I mean it's all dug up now, it's not as if they
got to do something anyway, well, it's a good idea while it's all
dug up to prevent runoff of nutrients.
MIKE MOONEY: The people .......
JOHN BREDEMEYER: .... I'm taking about ammophila or native beach
grass or something that's slow fertilization.
JOHN HOLZAPFEL: I think I have something and I could leave it with
the Trustees from Sea Grant, in terms of what can be planted near
the water and it gives suggestions.
MIKE MOONEY: We don't want to tell them ...... now they're going
to have nothing along there, not saying nothing but they're going
to have 10 ft. of
ALBERT KRUPSKI: They could plant junipers and have a thick green
carpet of low 3 or 4 inch high junipers all the way across.
JOHN BREDEMEYE~: I think we're avoiding telling them what they can
GLENN JUST: Suffolk County Cooperative Extension will come down
for free and tell you what plants will fit in,.., all free of
charge.
JOHN HOLZAPFEL: I have been talking to them about a week ago.
MIKE MOONEY: I'm just looking to make sure because most are
retired peoplev I'm not saying that they're poor, but I'm saying
that the price of this job already was kind of high.
FRANK KUJAWSKI: Well, free and no lawn to fertilize and mow most
sound good to them.
MIKE MOONEY: Well, they still have to pay the landscaper. We use,
I'm finding out that more money than landscaping. Well, I have
something to get back to them with.
MOTION to approve with restrictions, subject to vegetated buffer,
no managed turf up to 10 ft. from bulkhead, Trustee Bredemeyer,
second by Trustee Krupski, Vote of the Board: Ayes, All -
l~tion adopted.
a owski - Clerk - Trustee
MOVED by TruStee Bredemeyer, second by Trustee Krupski to approve
this application subject to restrictions, Vote of the Board: Ayes,
All.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING ~LELD ON FEBRUARY 28, 1989, REGARDING
EN-CONSULTANTS FOR APPLICATIONS OF MONICA KENNY, HENRY ARBEENY,
JOF~N VAN VLADRICHEN, JOSEPH WILLIAMS, CANNING ELIFFEE, NICHOLAS
PACE, ALBERT PINKHAM, CHARLES MCCORMACK, REYDON SHORES, SOUTHOLD,
N.Y.
WHEREAS, Eh-Consultants on behalf of above mentioned property
owners applied to the Southold Town Trustees for a permit under the
provisions of the Wetland Ordinance of the Town of Southold,
application dated September 12, 1988, and
WHEREAS said application was referred tot he Southold Town
Conservation Advisory Council for their findings and recommendations
WHEREAS, a public hearing was held by the To~n Trustees with
respect to said application on February 28, 1989 at which time all
interested persons were given an opportunity to be heard, and
WREREAS, T~E board members have personally viewed and are f~miliar
with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and
dOCumentation submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that En-Consultants ON BEHALF OF Monica Kenny, Henry
Arbeeny, JOhn Van Vladrichen, Joseph Williams, Canning Eliffee,
Nicholas Pace, Albert Pinkham, Charles McCormack, BE AND HEREBY IS
GRANTED PERMISSION UNDE~ TF~E WETLAND ORDINANCE TO: Remove and
replace bulkhead, dredge and backfill at property located in Reydon
Shores, Southold, N.Y.
This permit will expire two years from the date it is signed
if work has not co~,~enced by said date. Fees must be paid and
permit issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project. Please take notice that this
declaration should not be considered a determination made for any
other department or agency which may also have an application
pending for the same or similar project.
Joan Schneider - Clerk - Trustees