HomeMy WebLinkAboutTR-03/23/1989FRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-president
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main'Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(5161 765-1892
MINUTES
March 23, 1989
WORK SESSION: 6:00 P.M.
A Work session of the Board of Town Trustees was held at 6:00 P.M.
on March 23, 1989 at the Town Hall, Main Road, Southold, N.Y.
PRESENT WERE:
President Frank A. Kujawski, Jr.
Trustee Henry P. Smith
Trustee John Bednoski, Jr.
Trustee John Bredemeyer, Jr.
Clerk Joan Schneider
Clerk Joan Romanowski
ABSENT: Trustee Albert J. Krupski, Jr.
REGULAR MEETING (March 23, 1989): Frank Kujawski called the
meeting to order at 7:05 P.M.
NEXT REGULAR MEETING: 7:00 P.M., Thursday, April 27, 1989.
WORK SESSION: 6:00 P.M., ~nursday, April 27, 1989.
FIELD INSPECTIONS: 1:00 P.M., Thursday, April 20, 1989.
MOVED by Frank Kujawski, second by John Bednoski, it was RESOLVED
to approve above dates and times for April 1989 meeting and
inspections. Vote of the Board: Ayes, All - RESOLUTION ADOPTED.
MONTHLY REPORT (February 1989):
Collected $1935.00 in total fees, which we have forwarded on
to the Supervisor's office for the General Fund. Receipts
include mooring renewals, permit fees and wetland
applications.
II.
PUBLIC NOTICES:
Public Notices are available in our office for review, and
they are also posted on the Town Clerk's Bulletin Board for
public inspection.
III. COMMUNICATIONS:
1. William and Jean Holman re: Notaro dredging.
FRANK KUJAWSKI: One communication from William and Jean Holman
advising us that they have no objection to Mr. Notaro having a
Small channel dredged to allow his boat into the dock he proposes
to build.
2. Zoning Board of Appeals re: jurisdictional matter behind
bulkheads.
FRANK KUJAWSKI: I know Jay was present later on and I had a
discussion also with the Code Committee last night. The latest
is: The Trustees will inspect applications within 75 ft. of MHW,
behind bulkheads to determine if wetland's are present, and if
wetland's arenot present we will not have jurisdiction, and if
wetland's are present behind the bulkhead we will have jurisdiction
and be involved in a coordination of the review. I think there is
a concern by the ZBA that by saying we don't have jurisdiction
behind bulkheads, that there might be cases where the Trustees
should have some input.
JOHN BREDEMEYER: We would have to waive th~m individually because
we never got the code chariged, i thought there was an
understanding that was going to be part of the Code that would have
automatically eliminated us in these instances. We will have to
enact a waiver.
FRANK KUJAWSKI: Which means every one of those applications behind
bulkheads would have to have a waiver fee attached to it, at least
initially it might turn out to be a permit.
IV. NEW APPLICATIONS:
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.
1. J. Kevin McLaughlin for Anthony and Rosemary Bolletino,
to construct tennis court and pool on property located at 16705
Main Road,~ East Marion, N.Y.
FRANK KUJAWSKI: We took at look at this for the second time and I
don't believeanybody had a problem.
JOHN HOLZAPFEL: The one problem wethought there would be the
cesspools next to the house are elevated above the ground.
JOHN BREDEMEYER: It3s part o~ the landscaping.
JOHN HOLZAPFEL: There's a wall there, butbehind that wall are the
cesspools and they were deliberately put up there to avoid
contaminating the ground water, it's so close there, and it was the
feeling of some people that maybe if he tries to put the sw~L,~ng
pool it's going to be in the ground water and it could be a
problem. Something to think about. The ground water I think, is 2
ft.
FRANK KUJAWSKI: How would that affect whatever conditions exist
there now with the cesspools?
JOHN HOLZAPFEL: What I'm saying is that pool is going to go down
right into the ground water.
JOHN BREDEMEYER: You didn't mention cesspool at the time so we
were only strictly on ground water conditions. Pool and ground
water really doesn't have any effect on the environment. It might
have a problem for installing the pool and maintenance. I don't
really see a problem from Trustee standpoint.
FRANK KUJAWSKI: I don't think it would be good having a pool in
ground water either.
JOHN HOLZAPFEL: That was our feeling.
HENRY SMITH: I don't think they would be able to construct it that
way.
FRANK KUJAWSKI: They might end up bringing in fill and having to
elevate it.
MOVED by John Bredemeyer, second by Frank F~jawski, it was RESOLVED
to assess this application as a negative declaration, Vote ol the
Board: Ayes, All - RESOLUTION ADOPTED.
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.
2. Henry Raynor on behalf of John Levien to construct a
catwalk, ramp and floating dock on property located on Beebe Drive,
Cutchogue, N.Y.
FRANK KUJAWSKI: Did the CAC report on this?
JOHN HOLZAPFEL: We haven't seen that one. The en~ of February,
the County passed a critical environmental area and everything in
Peconic Bay within 500 ft. of all the creeks is under that. So
your areas have been superseded, and everything is now a critical
environmental area.
FRANK KUJAWSKI: Not in the creeks. That what we're trying to
determine. I was looking at the border that they drew and I didn't
see it come back all the way into the creeks. I saw a shoreline
oUtline.
JOHN HOLZAPFEL: Supposedly they sent all the descriptions to Town
Hall.
JOHN BREDEMEYER: Did they send verbals along with the maps?
JOHN HOLZAPFEL: The impression that I had was that there was a
whole set of all the information sent to Town Hall~
MOVED by John Bredemeyer, second by Henry Smith, it was RESOLVED
to assess this application as a negative declaration subject to
C.A.C. review and approval, Vote of the Board: Ayes, All -
RESOLUTION ADOPTED.
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 Cede of the Town of
Southold.
3. Robert Staples to construct a single family dwelling at
44 Wilmarth Avenue, Greenport, N.Y.
FRANK KUJAWSKI: Has everyone seen the actual survey map that was
dropped off? He was supposed to submit to us to complete the file
and show us actual location.
JOHN BREDEM~YER: Comments from CAC on this?
FRANK KUJAWSKI: No.
JOHN HOLZAPFEL: We haven't seen either of these, I don't know why.
HENRY SMITH: It's no problem because there's houses on either of
side of it and they just want to a house, and already the State
uses that thing for a sump back there so it's taken off freshwater
wetland's list by the State.
MOVED by John Bredemeyer, second by Frank Kujawski, it was
RESOLVED to assess this application as a negative declaration
subject to C.A.C. review and approval, Vote of the Board: Ayes,
All - RESOLUTION ADOPTED.
PUBLIC HEARINGS:
1. 7:30 P.M. - In the matter of the application of Donald Cox
on behalf of Zahra Benz to replace a catwalk, ramp and floating
dock on property located at 575 Westview Drive, Mattituck, N.Y.
2. 7:33 P.M. - In the matter of the application of David
Create to restore pond filled in by runoff and silt on property
located at 3539 Cox Neck Road, Mattituck, N.Y.
3. 7:36 P.M. - In the matter of the application of John
Geideman on behalf of Crescent Beach Condominium Association to
construct fixed dock, ramp and floating dock at property located at
foot of Maple Lane, East Marion, N.Y.
4. 7:39 P.M. - In the matter of the application of J.M.O.
consulting on behalf of Fishers Island Country Club to replace
drainage pipes and regrade and revegetate area, property located on
Private Road, Fishers Island, N.Y.
5. 7:42 P~M. - In the matter of the application of J.M.O.
Consulting on behalf of Lambert Javelera to reconstruct single
family dwelling on property located on Equestrian Avenue, Fishers
Island, N.Y.
6. 7:45 P.M. - In the matter of the application of Anthony
and Carolyn Leggio to register a floating dock and ramp on property
located at 2300 Glenn Road, Southold, N.Y.
7. 7:48 P.M. - In the matter of the application of Margaret
McGwire to construct a two story garage and adjacent storage shed
on property located on Campfire Lane, Peconic, N.Y.
8. 7:51 P.M. - In the matter of the application of Southold
Pools on behalf of Robert Morris to construct an inground pool on
property located at 805 Ashamoma~e Avenue, Southold, N.Y.
9o 7:54 P.M. - In the matter of the application of Peconic
Associates on behalf of Paradise Point Association to maintenance
~redge basin off $outhold Town Harbor, ~outhold, N.Y.
10. 7:57 P.M. - In the matter of the application of
En-Consultants on behalf of Dr. Frank S~iotto to construct pool,
deck and gazebo on property located at 3350 West Creek Road,
Cutchogue,
11. 8:05 P.M. - In the matter of the application of James
McMahon on behalf of the Town of Southold for park improvements, to
Laurel Lake Park, Laurel, N.Y.
12. 8:08 P.M. - In the matter of
Eh-Consults%ts on behalf of Gerald Wood
elevated walk on property located on Hol
13. 8:12 P.M. - In the matter of
Cross and on behalf of Environmental Nuz
areas and plantings at entrance to Nassa
areas and plantings at entrance to Nassa
14. 8:15 P.M. - Resolution on the
and Frank Notaro to construct 2 addition
dwelling including stairway, catwalk, ra
property located on Calves Neck Road, Sc
the application of
to construct dock and
brook Lane, Mattituck, N.Y.
the application of Conni
series to install 2 bermed
u Poi
u Point, Cutchogue, N.Y.
application of Antoinette
s to a single family
mp, float and to dredge at
uthold, N.Y.
VI. ASSESSMENTS:
NOTICE OF NO SIGNIFICkNT 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.
1. J. Kevin McLaughlin on behalf of Anthony and Rosemary
Bolletino to construct tennis court and pool on property located at
167~5 Main Road, East Marion, N.Y.
TRANSFERRED TO NEW APPLICATIONS.
2. En-Consultants on behalf of G~orge Andregg, Jr. to
remove and replace 57 lineal feet of timber bulkhead and two 4 ft.
returns, backfill with concrete.
FR~KUJAWSKI: The first bulkhead is going to remain so that's
whythere is an application on it. It's~not truly a replacement in
the way we know it. There is CAC commen~s in the file.
JOHN HOLZAPFEL: There was no problem.
FRANK KUJAWSKI: To remove and replace 2B lineal feet maximu~ 10
cu. yds. to be removed in front the bulkhead and used as backfill.
This was deteriorating, and the CAC co~u,ent was that it was no
problem. !
MOVED by Frank Kujawski, second by John Bredemeyer, it was RESOLVED
to assess as a negative declaration, Vote of the Board: Ayes, All
- RESOLUTION ADOPTED.
3. John and Eleanor Bastone to construct catwalk, and
floating dock on property located at 1810 North Oakwood Drive,
Laurel, N.Y.
FRANK KUJAWSKI: This was to reconfigure and put a dock in front
right next to Jim Murray's marina. It's next to the last piece of
property. I don't believe there were any problems with this.
MOVED by Frank Kujawski, second by Henry Smith, it was RESOLVED to
assess as a negative declaration, Vote of the Board: Ayes, All -
RESOLUTION ADOPTED.
4. En-Consultants on behalf of Lew Edson to construct a
single family dwelling on property located on Cedar Point Drive
West, Southold, N.Y.
FRANK KUJAWSKI: This was back quite abit from a dredged channel,
and the actual house corner was 75 feet. We felt we should review
the permit in case there was any construction of debris within 75
feet. I think there should be a reco~LuLtendation in here about a
buffer and no activity to take place within 50 feet, hay bales
during construction would be appropriate, but right n~w we're just
assessing it, and I think that if all of these factors are weighted
in, I don't think there will be a problem.
JOH~ HOLZAPFEL: We had t~hled it originally. I went back over
today when I saw that it was on, I hadn't realized it was coming
up, and I think one of the things we had questioned about was the
position of the well on the property.
HENRY SMITH: That's set up by the Board of Health. It's been in
the past that the wells of those properties were right on the edge
of the road because they had a problem with salt water so they kept
them as further from salt water as they could.
FRANK KUJAWSKI: So assuming we would be able to attach those
restrictions and I'm sure we will as part of the permit.
MOVED by John Bednoski, second by John Bredemeyer~ it was RESOLVED
to assess as a negative declaration with attached restrictions,
Vote of the Board: Ayes, All - RESOLUTION ADOPTED.
5. Land Use Company on behalf of Village Marine to
construct an accessory building on property located at 175 Bay
Avenue, Mattituck, N.Y.
FRANK KUJAWSKI: We took a look at this several months back, and I
don't think we saw a problem at that time.
MOVED by Frank Kujawski, second by John Bredemeyer, it was RESOLVED
to assess as a negative declaration, Vote of the Board: Ayes, All
- RESOLUTION ADOPTED.
JOHN HOLZAPFEL: I would just like to ask a question? I hate to
even bring the word up, pump out station, you did that with other
marina's when they asked for applications. Is that going to be
addressed or is this just going to be skipped over?
JOHN B~R~EMEYER: I didn't get the impression that this expansion
was of an additional boat.
JOHN BEDNOSKI: No, this was just an accessory building.
JOHN BREDEMEYER: This was just an accessory building for mainly
outboards or maintenance equipment. It was strictly to store
equipment and fix equipment.
JOHN HOLZAPFEL: One of the things we mentioned to keep an eye in
terms of if it is going to be a maintenance building and there's
going to be oil and grease coming out of there.
JOHN BREDEMEYER: That wasn't the impression I got when I talked
with one of the owners. I asked specifically about chemicals and
what they were going to do there~ and I got the impression that it
was going to be storage for new motors and new equipment and not a
work shop.
6. Joseph J. Verwayen to construct a catwalk, dock, float
and ramp on property located at 2750 Glenn Road, Southold, N.Y.
FRANK KUJAWSKI: This was approved by the CAC. ~is was an
elevated catwalk and 2 floats, and really doesn't appear to be a
problem.
MOVED by Henry Smith, second by John Bredemeyer, it was RESOL¥~D to
assess as a negative declaration, Vote of the Board: Ayes, All -
RESOLUTION ADOPTED.
7. En-Consultants for Kenneth Rock, property located at
1200 Broadwaters, Cutchogue, to replace existing bulkhead and
maintenance dredge.
FRANK KUJAWSKI: This is a CEA area, we attempted to attach a
conditional negative declaration to this and after talking to Katy
Murphy and the Town Attorneys we did this because we wanted to
attach several stipulations to it, but it does have to initially.
We do have the long form and all that. What we have to do is start
off Type I for the classification of the application and then go to
a negative declaration with those five conditions attached, but to
do that we are going to need to rescind the motion of last month
(giving it a CND).
MOVED by Frank Kujawski, second by John Bredemeyer, to RESCIND that
motion (CND).
MOTION to type this as a ?fpe I because of it's location in a
critical environmental area and to assess as a negative declaration
because there are five conditions in the permit that we are
attaching to it to minimize any effect upon the environment, Frank
Kujawski, second by John Bredemeyer, Vote of the Board: Ayes, All.
HENRY SMITH: Run that by again.
FRANK KUJAWSKI: Under SEQRA, CEA applications, this application
has been changed aiot, you can't go directly to a CND, it's not an
option that opened in a CEA area. You have to start off with a
Type I. After you have typed it as Type I, which gives it the
significance and means there means to be a long environmental
assessment form attached to it. At that point, once we have all
those details and have accepted lead agency, which we have done, we
can then recognize that mitigations took place to minimize the
impact and give it a negative declaration. We have to recognize
for everyone's sake that it is a CEA area and we did determine
there impact. We were saving a step.
HF~RY SMITH: What were the five conditions?
FRANK KUJAWSKI: Five conditions were: that the 37 ft. section on
the west side would be replaced landward of existing bulkhead with
no removal of existing bulkhead, with any backfill to be limited to
area between west section and the slip; The 7 ft. section on the
east side should not be replaced; the 52 ft. section can be
replaced within 18" but no backfill can be used behind old bulkhead
at deadmen; the r~maining section can be replaced within 18"; no
machinery can operate on the landward side due to the vegetation.
JOHN BREDEMEYER: Just for the sake of clarity because SEQRA is
very confusing at times. We actually have to make a positive
declaration before we can move, actually Type I has to come off a
type I list but we sometimes use them interchangeablyor CEA.
FRANK KUJAWSKI: Our type I list is dredging more than 100 cu. yds.
JOHN BREDEMEYER: And our CEA which we treat as a type I unless
there's no conditions to be attached then we can move to a
declaration of non-significance.
JOHN BEDNOSKI: ...... anything to do with this?
FRANK KUJAWSKI: It has alot to do with it. We could attach t~at
to the permit if you like.
JOHN BEDNOSKI: Yes, I would.
FRANK KUJAWSKI: This will be up for a hearing next month in April,
and at that time we can attach those conditions to that then.
8. Robert Simon, R.O.W. off Indian Neck Lane, Peconic, to
construct a single family dwelling.
FRANK KUJAWSKI: We have 2 other CND's one. of the them is in a CEA
area, so I would like to propose to rescind this motion from last
month, remove it as a Type I that gets a negative declaration with
the restrictions we attach to about an impe~L~eable wall between the
septic system and wetlands to prevent lateral transport into creek
of effluent materials.
MOVED by John Bredemeyer, second by Frank Kujawski~ to RESCIND our
previous conditional negative declaration , Vote of the Board:
Ayes, All.
MOTION to give this a TYPE I listing and to assess as a negative
declaration subject to m restriction of an impezmeable wall
constructed in the leaching field to prevent leachates from
entering the creek or wetlands (impervious wall between the septic
system and wetlands to prevent lateral transport of effluent
materials into the creek).
JOHN BREDEMEYER: What you're saying is our initial determination
is a positive deClaration based on the
FRANK KUJAWSKI: No, not a positive declaration. It's a type I
application.
JOHN BREDEMEYER: No, you treat it as a type I and that requires a
long form, you don't type it I unless you have %?fpe I list.
FRANK KUJAWSKI: We do, because it's in a CEA area.
JOHN BREDEMEYER: If it's in CEA area, the law says it shall be
treated as Type I, that does not make it a type I. You have a long
enviror~ental assessment fo~m then you go through and review the
form, you make the determination. If you have a long form you can
go either positive declaration or you can go negative declaration
or you can go conditional negative declaration with the long form.
FRANK KUJAWSKI: That's the way we did it. Katy Murphy, and Rob
Berntsson agrees with her, says that you can't do that. You are
restricted to a Type I listing for CEA area. This will be a
hearing next month.
Vii. APPROVAL OF FEBRUARY 29, 1989 MINTJTES~
FRANK KUJAWSKI ITO THE TRUSTEES): Would you like more time to look
at the minUtes? We will keep the February minutes till next month
for approval.
VIII.
MOTION to appro~
second by Frank
APPROVAL OF APRIL~ 1989 MOORING RENEWALS.
re of April, 1989 mooring renewals, Henry Smith,
Kujawski, Vote of the Board - RESOLUTION ADOPTED.
IX. MOORINGS~
i~ Artt
Mattituck Creek
MOVED by Henry ~
the Town Truste~
for an offshore
immediate fami~
.ADOPTED.
Lur J. Gatehouse to place an offshore mooring in
using public access.
imith, second John Bred~meyer, it was RESOLVED that
~s APPROVE the request made by Arthur J. Gatehouse
mooring in Mattituck Creek for use by him or by his
'. Vote of the Board: Ayes, All - RESOLUTION
2. Charles H. Campbell to place an offshore mooring in
Narrow River, O~ient, using public access.
MOVED by John B~edemeyer, second by Frank Kujawski, it was RESOLVED
that the Town T~ustees APPROVE the request made by Charles H.
Campbell for an~offshore mooring in Narrow River. Vote of the
Board: Ayes, All - RESOLUTION ADOPTED.
3. Benjamin Kowalski to place an offshore mooring with
pulley line to Onshore stake at Gagen's Landing, Southold, using
public access.
HENRY SMITH: There are five moorings there already. The only way
I would think that I would approve him having a mooring, that he
would have to g~t a letter of permission from the landowner on
either side of ~his road, but as far there is no room for him to
put a mooring o~f the Town road ending without putting it in front
of someone else's property.
DON DZENKOWSKI:
there.
HENRY SMITH: I~
offshore stake.
MOVED by Henry ~
that the Town T~
to apply for an
Southold, until
on either side
access and appr¢
Board: Ayes, A]
i don't think there's room for an offshore stake
'11 be close for the onshore stake but not for the
mith, second by Frank Kujawski, it was RESOLVED
ustees TABLED the request made by Benjamin Kowalski
offshore mooring located in Gagen's Landing in
he gets letters of permission from property owners
f the roadending (one or the other-either) for
val for a mooring located there. Vote of the
1 - RESOLUTION ADOPTED.
4. John T. Wetzel to place an offshore stake with pulley
line to onshore ramp, in Eugene's Creek, Cutchogue, N.Y.
FRANK KUJAWSKI: This is the stake now that will complete the
little dock that he had to cut back.
MOVED by Frank Kujawski, second by John Bredemeyer, it was RESOLVED
that the Town Trustees APPROVE the request made by John T. Wetzel
for an offshore stake with a pulley line to onshore ramp, mooring
located in Eugene's Creek, Cutchogue. Vote of the Board: Ayes,
All - RESOLUTION ADOPTED.
X. AMENDMENTS:
1. Donald Brehm, property located at 1010 Maple Lane in
Greenport, N.Y., to amend permit number 2166 to include addition of
a 6' x 30' float and 3' x 12' ramp.
FRANK KUJAWSKI: I don't believe there's a problem with this.
MOVED by Frank Ku~awski, second by John Bred~meyer, it was RESOLVED
to amend permit number 2166 to include an addition of a 6~ x 30'
float and a 3' x 12' ramp, Vote of the Board: Ayes, Ail -
RESOLUTION ADOPTED.
2. Alfred Magill, property located at 1145 Fleetwood Road,
Cutchogue, N.Y., to amend permit nu~er 1911 to include a 6' x 40 '
floating dock.
FRANK KUJAWSKI: There's a problem here. I thought a 2' by 40 '
floating dock was going to be submitted, or maybe a 2 1/2' but if
you notice when we actually got the application for was for a 6'
wide by 40' floating dock to be L'ed off at the end of the old
dock, which had a grandfather permit. This is a big structure, if
you remember this narrowness I think a 6 ft. float there cuts
anybody off from getting in or out.
HENRY SMITH: I never saw a 2 ft. by 40 ft. float.
FRANK KUJAWSKI: No, three would have been better. Maybe 4 even
would have had a fighting chance, but a 6 ft., there was only about
8 ft. there.
HENRY SMITH: I would make a motion we approve this up to a 4 ft.
wide.
FRANK KUJAWSKI: We are going to amend his application?
HENRY SMITH: Why hold it up, and if he's not agreeable with that,
no float.
MOVED by Henry Smith, second by John Bredemeyer, it was RESOLVED to
amend permit number 1911 to include a floating dock up to 4 ft.
wide x 40 ft.
3. Walter Burden, property located on Private Road off 6th
Street, Greenport, N.Y., amend permit number 755 to include
addition of 4' x 30' catwalk.
MOVED by Frank Kujawski, second by John Bednoski, it was RESOLVED
to amend permit number 755 to include an addition of a 4' x 30'
catwalk.
Xi. WAIVERS:
1. Philip Marriner, Sailor's Needle Road, Mattituck, N.Y.,
an existing fence and compost maintenance of eroded area.
FRANK KUJAWSKI: There's waiver request for Philip Marriner who was
issued a violation. Jay has taken a look at this and I have taken
a look at it, and I have talked to the Marriner's today. I have a
problem with this for a waiver, I would like them to remove the
debris that they have put above the wetland. They call it compost,
the Bay Constable calls it refuse, it's branch trimmings which I
don't think makes good compost to begin with. The existing fence I
think is on Town property since it's below the high water line, and
I don't think we can waiver something for someone on Town
property. We could approve a permit for it, but not grant it a
waiver.
JOHN BREDEMEYER: That's sort of exactly what I saw. I don't know
if it would be more damage to remove the branches now or let them
compost. No additions to that compost and request that they
FRANK KUJAWSKI: I would like them to remove it,
HENRY SMIT~: That pile of branches, yes I would say remove that.
FRANK KUJAWSKI: There's no waiver here, the Trustee's board would
direct a letter to the Marriner's requesting them to remove the
debris that was deposited, and to remove the fence since we can not
waiver a structure on Town property.
DISCUSSION OF TRUSTEES:
1. Discussion from the Code Co~L~ittee.
FRANK KUJAWSKI:
1- They think our fees do not reflect the times, we're
still low.
2- They would like us to research further for a possibility
of an annual fee for structures that are over Town bottom and to be
treated as fairly as the mooring applications are that if you're
using or obstructing Town bottom you have to .pay an annual renewal
fee for the use of that property, as other T~wn~'S doo
3- They feel that if some creeks are presently congested
with moorings that they would suggest pulling all moorings in all
creeks and have moorings become a Town run function as in other
towns, such as East Hampton~ If you apply for a mooring permit in
Town Creek, the Bay Constable goes to that area and determines if a
mooring can go in, the Trustee's would approve it, the B~y
Constable would actually place the mooring and make sure the
numbers are on it. It all would be a similar t~pe. I personally
like the idea very much. I think our moorings are out of control.
HENRY SMITH: It's a great idea but there's a great cost factor.
FRANK KUJAWSKI: I could see some time taken place in the Spring.
JOHN BEDNOSKI: You would have to hire extra people to do it.
FRANK KUJAWSKI: And I think we would generate, but I think the
income would offset it.
HENRY SMITH: What kind of income are you talking ~hout?
JOHN BREDEMEYER: Making selected creeks, just like we got this
Hallock's.
FRANK KUJAWSKI: They liked our length of boat idea, our renewal
fee each year based on the length of the boat, especially the $2.00
one for the big boats, $1.00 a ft. for the smaller ones. That
could even be increased, still it's a bargain. If it cost you
$50.00 to apply for a mooring application, and for your 17 ft. boat
you had to pay $34°00 a year you are hundreds of dollars ahead of a
marina or even constructing a dock and a float, hundreds of dollars
ahead every year.
HENRY SMIT~: I think it's a good idea, but I think we should do a
feasibility study or if we would be further ahead in hiring an
outside contractor and doing it creek by creek basis.
FRANK KUJAWSKI: I would like to hire some part time help for the
Bay Constable. This would tremendously solve alot of problems, any
float out there that's got a boat on it that is not one of our
moorings is pulled.
JO~N BREDEMEYER: I agree with you.
HENRY SMITH: What kind of liability is this going to lead us now
in case there is a hurricane and this guy's boat drags the mooring
and goes up against another boat.
FRANK KUJAWSKi: You would have to write that into the permit.
That it's at the owner's risk.
JOHN HOLZAPFEL: I think the they just set the moorings for ~e
people. The people own the whole thing, the contractor sets it out.
DON DZENKOWSKI: ..... You would have to have your availability~
like in Mattituck Creek you just granted a mooring for a 32 ft.
boat, if you're granting that you will have to have this 200 lb.
mushroom available to go out to be placed.
FRANK KUJAWSKI: That 32 ft. boat is not going to be paying $64.00
plus a $25.00 fee, we're talking about $300. I think it would have
to cover the cost, in other words, the size of the boat would
determine the cost of the town and so the first year it's a break
even, and after that it's an income generator.
MOTION to adjoin the meeting at 9:00 P.M. by Prank Kujawski, second
by John Bredemeyer, Vote of the Board: Ayes, All.
Joan Romanowski - Clerk - Trustees
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONq~ENT
APPLICATION NO. 8-88-104-9-3
NAME: Kenneth Rock
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 will not have a significant effect on the environment.
Please take further 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.
TYPE OF ACTION: Type I
DESCRIPTION OF ACTION: Replace 193' timber bulkhead, maintenance
dredge 30' x 26' section within boat slip.
LOCATION: 1200 Broadwaters Road, Cutchogue, N.Y.
Tax Map No. 1000-104-9-3
REASONS SUPPORTING T~IS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental asses~,ent, submitted by the applicant
and reviewed and completed by the Board of Trustees, has indicated
that no significant adverse effects to the environment are likely
to occur should the project be implemented as planned.
3. 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.
Joan Schneider Clerk - TrUstees
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
APPLICATION NO. 8-88-86-6-3.1
NAME: Robert K. and Elizabeth A. Simon
RESOLVED that pursuant to A~ticle 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 will not have a significant effect on the environment.
Please take further 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.
TYPE OF ACTION: Type I
DESCRIPTION OF ACTION: To construct a single family dwelling with
associated sanitary system.
LOCATION: R.O.W. off Indian Neck Lane, Peconic, N.Y.
Tax Map No.: 1000-086-6-3.1
REASONS SUPPORTING THIS DETER/~INATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment form, submitted by the
applicant and reviewed and completed by the Board cf Trustees, has
indicated that no significant adverse effects to the environment
are likely to occur should the project by implemented as planned.
3. Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project would
not have significant effect on the environment.
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 HA~,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, MARCH 23, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCPE4AN AND SUFFOLK TIMES.
MOTION to recess the board so that we can go into hearings.
MOVED by Trustee Frank Kujawski, second by Trustee John Bednoski,
Vote of the Board: Ayes, All.
7:30 P.M. HEARING IN THE MATTER OF THE APPLICATION OF DONALD COX
ON BEHALF OF ZAHRA BENZ - APPROVAL
FRANK KUJAWSKI: The first hearing is for Zahra Benz to replace a
catwalk, ramp and floating dock on property located at 575 Westview
Drive, Mattituck. The application was submitted byDonald Cox. Is
there anyone here to speak either in favor or opposition to this
application? NO RESPONSE FROM THE AUDIENCE.
FRANK KUJAWSKI: Are there any comments by the Trustees about this
application?
HENRY SMITH: Will it replace existing?
FRANK KUJAWSKI: It really doesn't exist, it was originally and it
was wiped out.
HENRY SMITH: I have no problem with it.
MOVED by Trustee Frank Kujawski, second by Trustee John Bredemeyer,
to close this hearing, Vote of the Board: Aye-s, All.
MOVED byTrustee John Bednoski, second by Trustee Frank Kujawski to
approve this application, Vote of the Board: Ayes, All -
RESOLUTION ADOPTED.
Joan RomanowSki Clerk Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
Db~ING THEIR REGULARMEETING HELD ON MARCH 23, 1989, REGARDING
APPLICATION NO. 1-5-89-139-1-21, DONALD COCKS ON BEHALF OF ZAIIRA
BENZ, 575 WESTVIEWDRIVE, MATTITUCK, N.Y
MOVED by Trustee John Bednoski, second by Trustee Frank Kujawski to
approve this application, Vote of the Board: Ayes~ All.
WHEREAS, Donald Cocks on behalf of Zahra Benz applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
January 17, 1989, 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 To%rn Trustee's with
respect to said application on March 23, 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 BY IT
RESOLVED that Donald Cocks ON BEHALF of Zahra Benz BE AND HEREBY IS
GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Replace catwalk, ramp, and floating dock on property located at 575
Westview Drive, Mattituck, 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 detezmination 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 YOPJ~ ON THURSDAY, MARCH 23, 1989, ON THE
FOLLOWIN~ APPLICATION FOR PERMITS LrNDER THE PROVISIONS OF THE
WETLANDS ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIME.
7:33 P.M. HEARING IN THE MATTER OF THE APPLICATION OF DAVID CREATO
- APPROVAL.
FRANK KUJAWSKI: 'The application of David Creato to restore a pond
that has been filled in by road runoff with silt on property on
3539 Cox Neck Road, Mattituck. Again, this was something the
Trustees reviewed and felt it was probably a good idea. The CAC, I
know had some comments on it. Is there anyone here to speak about
this application either in favor or in opposition?
NO RESPONSE FROM THE A%~IENCE.
FRANK KUJAWSKI: Any Trustees have any comments?
HENRY SMITH: I would like to hear the CAC comments.
JOHN HOLZAPFEL: We had no problem with it at all. We thought it
was very good. It will help out alot.
MOTION to close this hearing, Trustee Frank Kujawski, second
Trustee Henry Smith, Vote of the Board: Ayes, All.
MOVED by Trustee Henry Smith, second by Trustee John Bednoski, to
approve this application, Vote of the Board: Ayes, All -
RESOLUTION ADOPTED.
Joan Romanowski - Clerk - Trust~es
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, 1989, REGARDING
APPLICATION NO. 673, DAVID C. CREATO, 3539 COX NECK ROAD,
MATTITUCK, N.Y.
MOVED by Trustee Henry Smith, second by Trustee John Bednoski, Vote
of the Board: Ayes, All - Resolution adopted.
WHEREAS, David C. Create applied to the Southold Town Trustees for
a permit under the provisions of the Wetland Ordinance of the Town
of Southold, application dated October 4, 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 March 23, 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 David C. Create BE AND HEREBY IS GRANTED PERMISSION
UNDER THE WETLAND ORDINANCE TO: Restore pond filled in by runoff
and silt, on property located at 3539 Cox Neck Road, Mattituck, N.Y.
This permit will expire two years from the date it is signed
if work has not commenoed 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 THURSDAY, MARCH 23, 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.
7:36 P.M. - HEARING IN THE MATTER OF THE APPLICATION OF JOHN
GEIDEMAN ON BEHALF OF CRESCENT BEACH CONDOMINIUM ASSOCIATION -
APPROVAL.
FRANK KUJAWSKI: The next one application of John Geideman on
behalf of Crescent Beach Condominium Association to construct a
dock, ramp, floating dock at the foot of Maple Lane in East
Marion. Is there anyone here to speak either in favor or in
opposition to this application?
JOHN GEIDEMAN: If there are any questions.
JOHN HOLZAPFEL: I would just like to bring up one question. It's
really not a problem, but according to the application it appears,
you know the adjacent dock, and yours looks like it's angling in.
Is that the way it's going to be or is it going to be parallel?
JOHN GEiDEMAN: The dock will be on a radial line coming out from
the center of the property that we're talking about. It should be
well inboard from the extent of the big dock.
JOHN HOLZAPFEL: But it will angle toward that dock?
JOHN GEIDEMAN: It will, very slightly.
JOHN HOLZAPFEL: There seem to be two different pictures on the
application. One looked parallel to it, and one looked like it was
cutting right over.
FRANK KUJAWSKI: Anyone else have any comments?
MOVED to close this hearing, Trustee Frank Kujawski, second by
Trustee John Bredemeyer, Vote of the Board: Ayes, All.
MOVED to approve this application, Trustee John Bednoski, second by
Trustee Henry Smith, Vote of the Board: Ayes, All - Resolution
adopted.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULARMEETING HELD ON MARCH 23, 1989, REGARDING
APPLICATION NO. 12-88-38.1-1-22 (3691) JOHN GEID~Wa~N ON BEHALF OF
CRESCENT BEACH CONDOMINIUM ASSOCIATION, FOOT OF MAPLE LANE, EAST
MARION, N.Y.
MOVED by Trustee John Bednoski, second by Trustee Henry Smith to
approve this application, Vote of the Board: Ayes, All -
Resolution adopted.
WHEREAS, JOhn Geideman on behalf of Crescent Beach Condominium
Association applied to the Southotd TOWn Trustees for a pezmit
under application dated Decem~0er 12, 1988, and
WHERE~S, 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 March 23, 1989. at which time all
interested persons were given an opportunity to be heard, and
WHF~REAS, 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 su]omitted 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 BY IT
RESOLVED that John Geideman ON BEHALF OF Crescent Beach Condominium
Association BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND
ORDINANCE TO:
Construct 150' x 4' fixed dock, 10~ x 3' ramp and 6' x 20'
float on property located at the foot of Maple Lane, East Marion,
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 PUBLIC HEARING ON ~E 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 THURSDAY, MARCH 23, 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.
7:39 P.M. - HEARING IN THE MATTER OF THE APPLICATION OF J.M.O.
CONSULTING ON BEHALF OF FISHERS ISLAND COUNTRY CLUB - APPROVAL.
FRANK KUJAWSKI: The next is on the application of J.M.O.
Consulting on behalf of the Fishers Island Country Club to replace
drainage pipes, regrade, revegetate. Several projects that were
taking place over there. Is there anyone here to speak in favor or
in opposition to this project.?
GLENN JUST (FOR THE APPLICanT): If there's any questions.
FRANK KUJAWSKI: Glenn, remember that little channel that was going
to be dredged out, is that part of this project?
GLENN JUST: No, we left that out for later on along the line.
After this winter there wasn't alot of shoaling, it didn't seem to
be that much of a problem. It will probably be next year.
FRANK KUJAWSKI: Anyone else have any comments? Jay and I had
looked at this last s~mL,er.
HENRY SMITH: I haven't haven't looked at it, but I'll go on your
recommendation.
FRANK KUJAWSKI: I didn't have a problem with. this.
MOVED by Trustee Frank Kujawski, second by Trustee John Bredemeyer,
to close this hearing, Vote of the Board: Ayes, All.
MOTION to approve these projects Trustee Frank Kujawski, second by
Trustee John Bredemeyer, Vote of the Board: Ayes, All - Resolution
adopted.
Joan 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 SOUT~HOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, MARCH 23, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THETOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:42 P.M. - HEARING IN THE MATTER OF THE APPLICATION OF J.M.O.
CONSULTING FOR LAUGHING WATERS PROPERTY OWNERS ASSOCIATION -
APPROVAL.
FRANK KUJAWSKI: This on behalf of Lambert Javelera by J.M.O.
Consulting to reconstruct a single family dwelling on the property
on Fishers Island. Anyone to speak in favor or in opposition?
GLENN JUST (FOR FEE APPLICANT): Is there any questions from the
Board?
FRANK KUJAWSKI: I think we have been around this a few times.
MOVED by Trustee Frank Kujawski, second by Trustee John Bednoski,
to close this hearing, Vote of the Board: Ayes, All.
MOTION to approve this application Trustee Frank Kujawski, second
by Trustee Henry Smith, Vote of the Board: Ayes, All - Resolution
adopted.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, 1989, REGARDING
APPLICATION NO. 6-88-9-3-14 J.M.O. CONSULTING ON BEHALF OF LAMBERT
JAVELERA, EQUESTRIAN AVENUE, FISHERS ISLAND, N.Y.
MOTION to approve this application Trustee Frank Kujawski, second
by Trustee John Bednoski, Vote of the Board: Ayes, All.
WHEREAS, J.M.O. Consulting on behalf of Lambert Javelera applied to
the Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated June
6, 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 To~n Trustees with
respect to said application on March 23, 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 questions and the surrounding a=ea, 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 BY IT
RESOLVED that J.M.O. Consulting ON BEHALF of Lambert Javelera BE
AND HEREBY IS GRANTED PERMISSION UNDER THE WET~ ORDINANCE TO:
Reconstruct a single family dwelling, foundation and garage on
property located at Equestrian Avenue, Fishers Island, N.Y.
This permit will expire two years from the date it is signed
if work has not co~Lu,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 THURSDAY, MARCH 23, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER TB-E PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
7:45P.M. HEARING IN THE MATTER OF THE APPLICATION OF ~/TTHONY AND
CAROLYN LEGGIO - APPROVAL.
FRANK KUJAWSKI: In the matter of Anthony and Carolyn Leggio to
register a floating dock and ramp on property located at 2300 Glenn
Road, Southold, N.Y. Is there anyone who would like to speak in
favor or in opposition to this application? Mro Leggio is here to
answer anyone's questions if anyone has any.
NO RESPONSE FROM THE AUDIENCE.
MOVED to close this hearing, Trustee Frank Kujawski, second by
Trustee Henry Smith, Vote of the Board: Ayes, All.
MOTION to approve this application, Trustee Frank Kujawski, second
by Trustee Henry Smith, Vote of the Board: Ayes, All - Resolution
adopted.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULA_RMEETING HELD ON MARCH 23, 1989, REGARDING
APPLICATION NO. 9-87-78-2-40 ANTHONY AND CAROLYN LEGGIO, 2300 GLENN
ROAD, SOUTHOLD, N.Y.
MOTION to approve this application, Trustee Frank Kujawski, second
by Trustee Henry Smith, Vote of the Board: Ayes, All - Resolution
adopted.
WHEREAS, Anthony and Carolyn Leggio applied to the Southold Town
Trustees for a permit under the provisions of the Wetland Ordinance
of the Town of Southold, application dated September 15, 1987, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a puJDtic hearing' was held by the Town Trustees wi~h
respect to said application on March 23, 1989. at which time all
interested persons were given an opport-unity 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
~ocumentation 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 Anthony and Carolyn Leggio BE AND HEREBY IS GRANTED
PERMISSION UNDER THEWETLAND ORDINANCE TO: Canstruct a 4' x 12'
catwalk, 4' x 16' ramp and 7' x 24' float on property located at
2300 Glenn Road, Southold, N.Y.
This permit will expire two years from the date it is signed
if work has not co~La,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 detez~nationmade 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 TOWlq HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, 'MARCH 23, 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 SUFFOI=K TIMES.
7: 48 P.M. HEARING IN THE MATTER OF THE APPLICATION OF MARGARET
MCGWIRE - TABLED.
FRANK KUJAWSKI: In the matter of Margaret McGwire to construct a
two story garage and shed on Campfire Lane in Peconic. Is there
anyone to speak in favor or in opposition to this project?
JOHN MCGWIRE: I'm here to represent my wife, I would be glad to
answer any questions the Board might have.
FRANK KUJAWSKI: I don't have any.
NATHANIEL ABELSON: I was the original developer of the area known
as Arrowhead Cove. In 1964 when that area was developed we put on
a set of protective covenants and one of the duly clauses, number 1
and number 3, I don't know if you have a copy.
FRANK KUJAWSKI: Do you want to tell us for the record what those
clauses are.
NATHANIEL ABELSON: What they say in brief is I as the developer
have the right to approve the plans of any construction on any lot
in Arrowhead Cove. Now, this was back in '64, I have approved
every request that has come through since that.~time till today. I
saw the sign at Campfire Lane last fall indicating that there was
going to be a hearing about construction and I didn't do anything
because no one asked me to approve a set of plans. It wasn't till
a few days ago that calls from lot owners on the lane appealed to
me to do something because they were having a hearing and they
wanted to build a two story garage. I hadn't even seen the plans.
I called Tom McGwire and he sent me the plans, I got them
yesterday. I haven't really had adequate time to sit down and look
at them, and I would tike to talk with Tom and Margaret about
possibly work out a difference of opinion. As they stand we didn't
approve it. I just want that to be in the reCord.
FRANK KUJAWSKI: Are they any other co~a~Lents either for or against
this application? NO RESPONSE. I have a question? Mr. & Mrs.
McGwire, would you object to us tabling this application and
leaving the hearing open till you have a chance to meet?
MR. MCGWIRE: I don't think so. I would just as soon have you
approve it or reject it. We have spent alot of time and effort
with this project and it has been inspected by everyone. I think
that any covenant that is there is really between Mr. Abelson and
myself.
FRANK KUJAWSKI: I think this Board in the past has respected
covenants in areas so I'm not sure that's in your best interest to
bring this to a vote in that light this evening. I think it might
be better to leave the hearing open so that we can certainly come
to a decision next month, I would prefer it and the Board would
prefer it if things could be worked out. We should probably also
check it out with the Town Attorney to see if these covenants which
are in place or also binding upon you and us. In other words, do
we need to respect these covenants.
MI{. MCGWIRE: In due respect with that, if you feel you should have
to check with the Town Attorney, then so be it.
FRAB/{ KUJAWSKI: That would be the wisest course.
JO~NBREDE~EYER: In the mean while possibly there will be a
meeting of minds that would avoid any unnecessary rancor in the
future.
FRANK KUJAWSKI: Yes, maybe this could be resolved.
JOHN BREDEMEYER: In other words, maybe youcan resolve it if
there's a legitimate difference of opinion on the plan and we don't
need the opinion of the Town Attorney on it.
FRANK KUJAWSKI: I will check with him.
MR. MC~WIRE: Well, I had submitted the plans to the Building
Department, they said the Building Department approved them.
FP3~K KUJAWSKI: Was the ......
MR. MCGWIRE: ....... right now between Mr. Abelson and myseli
..... we look at it as an addition to our house and he is
interpreting it as something other than an addition ........ if
you want to check with the Town Attorney then I suggest you get it
over with.
FRANK KUJAWSKI: It's rather specific in here, about garage and
tool shed and things like that, that have to be approved. I think
we should.
MOTION not to close this hearing but to TABLE it till the Trustees
meet next month (April), Trustee Frank Kujawski, second by Trustee
John Bredemeyer, Vote of the Board: Ayes, Al.l,~
Joan 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 THURSDAY, MARCH 23, 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 SOUTHOLD
POOLS ON BEHALF OF ROBERT MORRIS - APPROVAL.
FRANK KUJAWSKI: In the matter of Southold Pools on behalf of
Robert Morris to construct an inground pool on property located at
805 Ashamomaque Ave., Southold. Is there anyone to speakeither
for or against this application?
NO RESPONSE FROM THE AUDIENCE.
MOVED by Trustee Frank Kujawski, second by Trustee John Bednoski,
to close this hearing, Vote of the Board: Ayes, All.
MOTION to approve this approve this application Trustee John
Bredemeyer, second by Trustee Henry Smith, Vote of the Board:
Ayes, All - RESOLUTION ADOPTED.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, t989, REGARDING
APPLICATION NO. 2-1-89-66-3-3 SOUTHOLU POOLS, INC. ON BEHALF OF
ROBERT MORRIS, 805 ASHAMOMAQUE AVE~{UE, SOUTHOLD, N.Y.
MOTION tO approve this application Trustee John. Bredemeyer, second
by Trustee Henry Smith, Vote of the Board: Ayes, All - RESOLUTION
ADOPTED.
WHEREAS, SoUthold Pools on behalf of Robert Morris applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
February 7, 1989, and
WHEREAS, a Public hearing was held by the Town Trustees with
respect to said application on March 23, 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 BY IT
RESOLVED that Southold Pools ON BEHALF OF Robert Morris BE AND
HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Construct 18' x 36' inground pool on property located at 805
Ashamomaque Avenue, Southotd, 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 TI~AT PUBLIC HEARINGS WILL BE HELD BYTHE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUT~OLD, NEW YORK ON THURSDAY, MARCH 23, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OFT HE
WETLAND ORDINANCE OF ~ TOWN. PUBLISHED IN T~E L.I. TRAVELER
WATCHY~AN AND SUFFOLK TIMES.
7:57 P.M. - HEARING IN T~E MATTER OF THE APPLICATION OF PECONIC
ASSOCIATES ON BEHALF OF PARADISE POINT ASSOCIATION - APPROVAL.
FRANK KUJAWSKI: The next is in the matter of Peconic Associates
for Paradise Point Association to maintenance dredge a basin off of
Southold Town Harbor in Southold. Is there anyone to speak for or
against this application?
JOH~ SINNING: I'm here to answer any questions.
JOHN HOLZAPFEL: I can just bring up one of our concerns° There
were two spoil areas, and the one spoil area that was right next to
the entrance was where you were going to put awful alot of material?
JOHN SINNING: Right.
JOHN HOLZAPFEL: It appeared to us, just looking at it, that the
material is not going to stay there very long and it's going to end
up back in the mouth of the creek, the opening, and you're going to
be in more trouble than you started with. It's very obvious that
storm waters take that sand and move ....
JOHN SINNING: The tidal flow is in an easterly, goes to the east
and winds up on the beach further down east.
JOHN HOLZAPFEL: It quite didn't appear to us that way. That sand,
might not be the best place to put that sand.
FRANK KUJAWSKI: Do you have a better suggestion?
JO~N HOLZAPFEL: We didn't, obvioustywhere the other spoil site is
was a reasonable place we thought, but it just seemed that might
end up causing them more problem because if there is a wind coming
out of that direction unto that beach it's just going to knock that
up and it's going to push over that way.
HENRY SMITH: I don't think the Association is going to spend money
if they know they're going to have a problem. They've done this in
the past and they have had experience with this in the past.
JOHN SINNING: Just about every year for the past 20 years.
JOHN HOLZAPFEL: In answer that might be a problem too, if they
have to dredge it every year you wonder where all that sands coming
from. It really appeared that there is a drift going that way.
FRANK KUJAWSKI: Was that site picked for any particular reason
rather than the Other~
JORI~ SINNING: We placed it the other side a couple times and it
winds up back in the opening so now we place it .... and it goes to
the east. We have been putting it there for four years.
FRANK KUJAWSKI: But you still need to dredge it every year.
JOHN SINNING: Yes. We have a problem with the northwest wind in
the winter, it brings it in ....
FRANK KUJAWSKI: Is this project going to able to be done, there's
a little fringe of wetland at the end of the channel just before
you enter the actual basin. Has that ever been a problem removing
sand without damaging, without that sloughing off the wetland there?
JOHN BREDEMEYER: Right when you enter the basin, as you're
traveling into the basin on the right hand side. Right where the
channel opens up in the basin on the right hand, there is a marsh
fringe establishing there which is stabilizing the bank.
JOHN SINNING: No, I thought you were talking about the very end.
We put that second pile of spoil upland and it stays up there.
JOHN BREDEMEYER: Because the fringe will stabilize the banks of
your channel possibly at least for a small area.
FRANK KUJAWSKI: Are there any other points to raise here?
MOVED by Trustee Frank Kujawski, second by Trustee John Bredemeyer,
to close this hearing, Vote of the Board: Ayes, All.
MOTION to approve this application Trustee John Bredemeyer, second
by Trustee John Bednoski, Vote of the Board: Ayes, All -
Resolution adopted.
Joan Remanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BYTHEBOARD OF TOWN TRUSTEES
DURING THEIR REGULARMEETING HELD ONMARCH 23, 1989, REGARDING
APPLICATION NO. 12-7-88-81-1 PECONIC ASSOCIATES ON BEHALF~ OF
PARADISE POINT ASSOCIATION, BASIN OFF SOUTHOLD TOWN HARBOR,
SOUTHOLD, N.Y.
MOTION to approve this application Trustee John Bredemeyer, second
by TrUstee John Bednoski, Vote of the Board: Ayes, All -
Resolution adopted.
WHEREAS, Peconic Associates on behalf of Paradise Point Association
applied to the Southold Town Trustees for a permit %mder the
provisions of the Wetland Ordinance of the Town of Southold,
application dated November 16, 1988, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHERE~S, a public hearing was held by the Town Trustees with
respect to said application on March 2.3, 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 Peconic Associates ON BEHALF OF' John Sinning for
Paradise Point Association BE AND HEREBY IS GRANTED PERMISSION
UNDER THE WETLAND ORDINANCE TO: Maintenance dredge 500 cubic yards
of material from mouth of basin off Southold Town Harbor, Basin
Road, Southold, N.Y.
This penmit 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 T~
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON TPH/RSDAY, MARCH 23, 1989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THETOWN. PUBLISHED IN THE L.I. TRAVELER
WATCP~IAN AND SUFFOLK TIMES.
7:57 P.M. - HEARING IN THE MATTER OF THE APPLICATION OF
EN-CONSULTANTS ON BEHALF OF DR. FRANK SCIOTTO -
FRANK KUJAWSKI: The next application, some information has been
brought to my light, that this property may have changed hands.
Roy, do you have any information on that?
ROY HAJE: I heard that myself within the last couple of weeks.
FRANK KUJAWSKI: I think we may have a problem then with this
hearing which I just opened because part of our Code is that
granting a permit is not necessarily transferable to new owners if
the project has not been complete~. In other words, we would like
to know what their intentions are, the new owners of this property
and what their plans for this marina are.
ROY HAJE: What I was going to ask you to do was to act on it
because I have not heard that the deal has been closed. There's
always the possibility that something might happen that it will
fall through.
HENRY SMITH: Was it just a contract and not a
ROY HAJE: I believe so, but I'm not 100% sure. but I think it's a
contract.
FRANK KUJAWSKI: We will be acting under our restrictions in ~ne
best interest if the deal has been closed.
HENRY SMITH: We have been notified that it has been closed.
ROY HAJE: I don't have that information either. Why would it not
be necessarily be transferable to the new owner?
FRANK KUJAWSKI: We were through the process of reviewing this
under the impression that this pool for instance would be used by
the owner and not by the marina people. If there are new owners
here, they have new plans for this marina and have intentions of
allowing people who, for instance, dock their boats there to use
the pool, it becomes a whole different
JOHN BREDE~EYER: We could issue subject to no transfer and would
be like dead in the water would this appear because otherwise this
should get a full site plan review for a new owner who knows what
they would be doing. Just issue it, this permit shall not be
transferable.
FRANK KUJAWSKI: The permit would only be for Dr. Sciotto.
ROY HAJE: If that's the only way to do it, why don't you do it
that way.
FRANK KUJAWSKI: Any other comments on this?
HENRY SMITH: That's fine, but what if the man gets his permits for
his pool, five years done the road, 10 years down the road, he
decides to sell this place, now all of a sudden
FRANK KUJAWSKI: Thatts different, now the pools in place. In
other words, if we knew the new owners intentions are not going to
be compatible with the community, and if he's looking at a marina
expansion this becomes part of the bargaining thing, I think we
have a chance to stop it right now.
JOHN BREDEMEYER: We don't want this to become a run around need
site approval if the Planning Board should be involved because it's
presented to us as a home pool. Now, I don't know if this was a
site plan review done on this already or not.
HENRY SMITH: Why don't you put a restriction on this that it will
be used only as the owner's private pool and not a
ROY HAJE: That's what I was going to say. If your fear is that
it's going to be used by the marina operators, make that condition.
FRANK KUJAWSKI: I don't understand, personally myself I would like
to see this sit for 30 days till ownership is established. It's
one more month, and if in fact this is the present owner I don't
think there's a problem, there is enough restrictions on it. If
things have changed, it at least gives us a chance to send a
message right now that before anything proceeds down there we would
want to be involved. That's my feeling.
HENRY SMITH: I don't care for that.
ROY HAJE: I would prefer you to act on it as it's Sciotto owned
and then if he's not going to be the owner then...
FRANK KUJAWSKI: We don't have a motion yet. We're still in the
hearing process. Anybody else have any co~ents about this
application?
MRS. VANDERBECK: I live on West Creek Avenue near the Boatman's
Harbor and we are concerned as to what kind of a pool is going in
there. There's not very much room there, I don't know if you have
seen the site plan or been down there, but we're concerned too
about the water. The water that they use if they're going to fill
the pool with or Harbor water, that's coming from a well up next to
us and Mr. Sciotto owned that at one time and he put a pump in, it
just goes across the street and it serves the whole harbor
including the two houses, all the boats, all the washing is done
there, and a pool also would be a lot. Now whether or not there
could be a restriction put on it, that he would not be able to use
that water to fill the pool, that they would have to bring water
in, but that's something we're concerned about.
HENRY SMITH: Usually the pool people like to truck the water in
because they have somuch problem with the chemicals.
MRS.VANDERBECK: That would not be to bad then, but we also would
not want to see it since I understand that they have signed papers
on that a week ago this past Monday night. So I would rather you
wait and see just who is going to be the new owners, I understand
that there are three of them, and what they are going to do with
the property. So that would be my suggestion. As a homeowner over
there, I'm really concerned and I certainly appreciate your
attention.
FRANK KUJAWSKI: Dave, did you want to add something to the record?
DAVID STRONG: I would just like to ask a question, a point of
general information. How can you act on hearsay, or not act
because of hearsay.
HENRY SMITH: I agree.
DAVID STRONG: I just don't understand. This question I don't know
if it's even proper, Frank, it's not addressed to this application
per say, but I just don't understand tha~. That's like saying if I
heard in a bar that Henry Smith was like moving to North Carolina,
but he has an application in here so we're not going to act on it.
FRANK KUJAWSKI: Dave, just to answer your question, I thir~
there's a little bit more than hearsay because even the applicant's
representative said he had heard this also, he wasn't sure if it
had gone through yet. So, I would take that to mean if Mr. Haje is
representing his client properly, that even he is aware of even
more than hearsay. Hearsay is certainly something that
JOHN BREDEMEYER: We're dealing with a relatively informal
information gathering process as opposed to a court of law.
Actually, it was scuttlebutt and Town Hall so maybe someone already
saw a deed or title change, and it had come that way,
DAVID STRONG: Truthfully, I heard the same thing.
FRANK KUJAWSKI: Everything we do up here has to be done with all
the public in mind. That's why 30 days cost anybody anything.
JOHN BREDEF~U/~R: Just to further ... your concern that a Board
might be moving headlong on hearsay, right, essentially what you
are saying, and that thought is shared by the Board. ~hen we were
doing field inspections this week, it was basically the Board said
we're not going to act on hearsay, but we really should, find out if
there has been a change cause we should be aware of it. ~ne very
words hearsay did come up, the Board doesn't generally move in
these lines, it did come up so I appreciate my co~mL~ents.
JOHN HOLZAPFEL: Last month we did mention about bringing the
water. The other thing we did mention was the backwash for the
pool, it's so tight in there so it doesn't end up.
MOVED by Trustee Frank Kujawski, second byTrustee John Bredemeyer
to close this hearing, Vote of the Board: Ayes, All.
FRANK KUJAWSKI: i would prefer not to see a motion to decide this
issue tonight.
JOHN BRBNOSKI: Do we need a second for that?
FRANK KUJAWSKI: No.
HENRY SMITH: Do we have a time schedule when we will make a
decision on this, our next meeting?
FRANK KUJAWSKI: As soon as we can establish ownership.
JOHN BREDEMEYER: Why don't we move it subject to a search of the
County property records or the Town records, then we move it at
next months meeting, and if we have new owners we can contact them
and maybe after a discussion.
FRANK KUJAWSKI: I have a feeling Roy will do our work for us.
Right, Roy?
ROY HAJE: I expect I would hear if he's going to be out of the
picture.
FRANK KUJAWSKI: And we will try to find out ourselves.
ROY HAJE: And whatever the new people's intentions are, if they
want to proceed with it or what.
HENRY SMITH: You say establish ownership. You know, 30 days we
can come back on this, and the guy still owns it and it was not sold
FRANK KUJAWSKI: In which case, you approve it subject to the idea
that it not transferable.. Now if he owns it long enough to build
it, trucking the water, and makes sure the backwash doesn't end up
zn the creek. That's it.
HENRY SMITH: Why can't we approve it tonight, it's not
transferable.
FRANK KUJAWSKI: Because in the meantime, if it's not
transferable. Because in the meantime, the new owners might take
over and say we weren't aware of that and now you have a pool in
the ground.
JOHI~BREDEMEYER: There shouldn't be a building permit on it until
this office would issue a permit, so we won't issue
HENRY SMITH: I just don't see where we're gaining by going a month.
FRANK KUJAWSKI: We're gaining more information. If you want to
make a motion to approve, make a motion to approve.
MOTION to approve this application on behalf of Dr. Frank Sciotto
for Dr. Frank Sciotto and not to be transferable to new owners,
until after such time he's got a C.O. for the pool, with
restrictions: private use, water from an outside sourca a~ no
backwashing onto surface cr ground or surface waters, Trustee Hanry
Smith, second by Trustee John Bredemeyer, Vote of thc Board:
Ayes: Trustee Smith, Trustee Bredemeyer, Nays: Trustee Kujawski,
Trustee Bednoskio
Joan Romanowski - Clerk - Trustees
NOTICE OF HEARING ON THEWETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN ~LkLL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, MARCH 23, 1989, ON T~E
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE TOWN. PUBLISHED IN THE L.I. TRAVELER
WATCHMAN AND SUFFOLK TIMES.
8:05 P.M. - HEARING IN THE MATTER OF JAMES MCMAHON ON BEHALF OF THE
TOWN OF SOUTHOLD - APPROVAL.
FRANK KUJAWSKI: The application in the matter of James McMahon on
behalf of the Town of Southold for park improvements ot Laurel
Lake Park in Laurel. Is there anyone to speak in favor of this
application of against this application? For the pubiic~s
information, this is to correct an erosion problem. Rainfall is
carrying dirt and everything else down into Laurel Lake~ and we
want to revegetate this slope and hopefully stop that problem. Any
of the Trustees have any comments?
HENRY SMITH: We all took a look at this, Mud we didn't have any
problem with this and the area does need improving.
MOVED by Trustee Frank Kujawski, second by Trustee John Bednoski,
to close this hearing, Vote of the Board: Ayes, All.
MOTION to approve this application Trustee Frank Kujawski, second
by Trustee Henry Smith, Vote of the Board: Ayes, All - Resolution
adopted.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD- ON MARCH 23, 1989, REGARDING
APPLICATION NO. 1-89-125-1-12 JAMES MCMAHON ON BEHALF OF THE TOWN
OF SOUTHOLD, LAUREL LAKE, LAUREL, N.Y.
MOTION to approve this application Trustee Frank Kujawski, second
by Trustee Henry Smith, Vote of the Board.: Ayes, All - Resolution
adopted.
WHEREAS, James McMahon on behalf of the Town of Southold applied to
the Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
January 23, 1989, 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 March 23, 1989 at which time all
interested persons were given on 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 BY IT
RESOLVED that James McMahon ON BEHALF OF Town of Southold BE AND
HEREBY IS GRANTED PEPJ~ISSION UNDER THE WETLAND ORDINkNCE TO: Place
topsoil over eroded embankment, hydroseed, place jute mesh as
erosion control material, plant Rosa Rugosa shrubs on bank at
Laurel Lake, Laurel, 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
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 THURSDAY, MARCH 23, 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.
8:08 P.M. - HEARING IN THE MATTER OF THE APPLICATION OF
EN-CONSULTANTS ON BEHALF OF GERALD WOOD - APPROVAL.
FRANK KUJAWSKI: Matter of Eh-Consultants on behalf of Gerald Wood
to construct a dock and elevated walk on property located on
Holbrook Lane in Mattituck, N.Y. Is there anyone to speak in favor
of this application or in opposition to it?
ROY HAJE (FOR THE APPLICANT): This was discussed somewhat at the
last meeting and Mr. Wood presently keeps his boat out at about the
same spot where the dock would end now, and h~ would have to go out
that far to get adequate water depth ....... for that boat.
The dock extends just about the same distance out as these ...to
the east so that it's not extending further, we don't feel blocking
navigation. The DEC has approved it, the Army Corps is pending,
and I expect to hear.
FRANK KUJAWSKI: Any other comments?
~lR. GIBSON: I live next door to Gerald Wood. He's got a big boat
there, and that's a very shallow area of the creek, and if that's
going to sit there at the dock, it's going to sit in the silt. If
that's alright with him that it's going to be that way. We wanted
know if the catwalk is going to block our access to the beach
because we have been walking back and forth there for 50 years and
don't want to climb over a catwalk .... space in the back there,
where is your dock starting from?
ROY HAJE: ...starting above the high water mark.
MR. GIBSON: It will be at the high water mark, okay, as long as if
you leave enough room for the people to go back and forth.
FRANK KUJAWSKI: That's part of our charter in 1600's, that you can
even, if it's in the way the applicant be required to build a set
of steps up and a set of steps down.
HENRY SMITH: Don't you suppose to get a wagon around there too?
FRANK KUJAWSKI: Yes, a horse drawn wagon to collect the ...
ROY HAJE: I can't guarantee that, pedestrian access yes I don't
know about the wagon.
MR. GIBSON: That creek is getting filled in very fast and there's
an awful alot of boats in there and eventually we're going to have
docks butting each other to get out into the deep water.
FRANK KUJAWSKI: Well, we won't allow that.
HENRY SMITH: Even if someone has a bulkhead and is below high
water, you can't stop anyone from walking across your lawn on your
bulkhead to get from one side of your property to the other. It's
guaranteed to everybody, that's an access.
MR. GIBSON: I get what you mean. This all the fill they dredged
in 1954, there all fill there.
FRANK KUJAWSKI: I don't think you'll see them coming in again.
MR. GIBSON: No, I doubt very much with your environmental pe°Ple,
they never let us dredge the creek.
MOVED by TruStee Frank Kujawski, second byTrustee John Bredemeyer,
Vote of the Board: Ayes, All.
MOTION to approve this application TruStee Frar~ Kujawski, second
by Trustee Jokm Bredemeyer, Vote of the Board: Ayes, Ail -
Resolution adopted.
Joan ROmanowski Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, t989, REGARDING
~3PLICATION NO. 11-88-113-6-11 EN-CONSULTANTS ON BEHALF OF GERALD
WOOD, HOLBROOK LANE, MATTITUCK, N.Y.
MOTION to approve this application Trustee Frank Kujawski, second
by Trustee John Bredemeyer, Vote of the Board: Ayes, All -
Resolution adopted.
WHEREAS, Eh-Consultants on behalf of Gerald Wood applied to the
Southotd 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
reco~L,~,endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on March 23, 1989, at which time all
interested persons were given an opportunity to be heard,
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 Gerald Wood BE AND HEREBY'
iS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: ConStruct
timber dock and walkway on property located on Holbrook Lane,
Mattituck, NoY.
This permit will expire two years from the date it is signed
if work has not co~m~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 THURSDAY, MA~CH 23, I989, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE
WETLAND ORDINANCE OF THE THE TO%~. PUBLISHED IN THE L.i. TRAVELF/t
WATCHMAN AND SUFFOLK TIMES.
8:12 P~M. - HEARING IN THE MATTER OF THE APPLICATION OF CONNI CROSS
ON BEHALF OF ENVIRONMENTAL NURSERIES - APPROVAL.
FRANK KUJAWSKI: We have an application from Cenni Cross on behalf
of Environmental Nurseries to install two bermed areas and
plantings at the entrance to Nassau Point and I see Mrs. Cross is
here tonight, would you like to make any comments in favor of this
application?
CONNI CROSS: Actually, I would like to make some co~ments~ With
the water situation, I'm hoping this will be an example for the
Town and for everyone else around because there is not going to be
any water supply at all, and pla~s to water just with a spray tank
when needed in drought periods.
FRANK KUJAWSKI: Is there a restriction also from one of the other
agencies on the height, 2 1/2 ft. or something like that.
CON~I CROSS: Well, I hadn't heard anything about any of the other
agencies.
JfH{N HOLZAPFEL: We had thought, there wasn't arestriction, there
was a no limit on it all, the way it was written, and you had got
back and had said it wasn't goin~
cON~I CROSS: it wasn't enough, really, she had said something and
she did not say who, the girl I s~oke to, and when I spoke to
another girl and she didn't know anything about that so it was left
standing, 2 1/2 ft. - 3 ft. at most.
JO~N HOLZAPFEL: No problem.
HENRY SMITH: How close is this ih with the tidal wetland?
cONNI CROSS: It's about 110 ft. I would say.
HENRY SMITH: To tidal wetland?
CONNI CROSS: To the high water mark? Further back than that.
HENRY SMITH: Why is it in front of the Trustee's then?
FRANK KUJAWSKI: Because we thought we would like to find out
exactiy what effect this is going to have on that area.
HENRY SMITH: But if it's not in our jurisdiction, why are we
having a public hearing on it.
FRANK KUJAWSKI: I think we went and took a look at this and I
think we didn't think it was 110 ft. away from the back part.
CONNI CROSS: It's on the application if you would read it.
FRANK KUJAWSKI: If it's out of our jurisdiction I mean why are we
having a public hearing on it?
JOHN BREDEMEYER: I think when we assessed that we had a question
on the distance.
FRANK KUJAWSKI: Those of us that went on the inspection
CONNI CROSS: Well, there are two berms on each side. One is a
FRANK KUJAWSKI: The other side has got to be closer than 110 ft.
CONNI CROSS: There was a tarmac area there, between that
HENRY SMITH: I've got no problem at all with this and everything,
but I just can't see why you have, if it's not in our jurisdiction
why you had to get the application, pay your fees and everything
else.
CONNI CROSS: For one thing, I believe when there is any vegetation
then it has to be high water, and you have to get a wetland
application.
HENRY SMITH: Our jurisdiction is 75 ft. from tidal wetlands.
CONNI CROSS: When I came here and asked that's what I was told.
would have been happy not too
HENRY SMITH: Beyond that, I don't think any fees should be
collected from this
FRANK KUJAWSKI: Henry will take a ride down.
FRANK KUJAWSKI: If their satisfied with it, then fine.
CONNI CROSS: I was only told when I came down here that I would
have to apply for a permit so, I showed them the plan and whomever
FRANK KUJAWSKI: I think you did the right thing. Any other
comments?
MOVED by Trustee Frank Kujawski, second by Trustee John Bredemeyer
to close this hearing, Vote of the Board: Ayes, All.
FRANK KUJAWSKI: Do you want to restrict it to that?
HENRY SMITH: If it's out of our jurisdiction, how can we restrict
it.
JOHN BEDNOSKI: Well, we are going to vote on it.
CONNI CROSS: Well, don't worry about the height because really
there well bermed and there's no reason to make them higher.
FRANK KUJAWSKI: Well, if they are too high we will surely say
something.
MOTION to approve this application, Trustee Frank Kujawski, second
by Trustee John Bednoski, Vote of the Board: Ayes, Ail -
Resolution adopted.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, 1989, REG~/{DING
APPLICATION NO. 11-88-104-8-8.1 CONNI CROSS ON BEHALF OF NASSAU
POINT PROPERTY OWNERS ASSOCIATION, ENTRANCE TO NASSAU POINT,
CUTCHOGUE, N. Y.
MOTION to accept this application Trustee Frank Kujawski, second by
Trustee John Bednoski, Vote of the Board: Ayes, All - Resolution
adopted.
WHEREAS, Conni Cross IN BEHALF OF Nassau Point Property Owners
Association applied to the Southold Town Trustees for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated November 22, 1988, and
WHEREAS said application was referred to the Southotd Town
Conservation Advisory Council for their findings and
reco~u~endations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on March 23, 1989 at which tLme 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 Conni Cross ON BEHALF OF Nassau Point Property O~ers
Association BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND
ORDINANCE TO: Install two 10' by 30' bermed areas, not more than
3' high, at entrance to Nassau Point, Cutchogue, N.Y.
This permit will expire two years from the date it is signed
if work has not co~,,,lenced 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
RESOLUTION ON NOTARO
ADDED INFORMATION TO FRANK AND ANTOINETTE NOTARO APPLICATION NO.
6-88-63-7-30.1
FRANK KUJAWSKi: I will tell the Trustees that on Saturday, myself
and Don Dzenkowski went on the Town boat to this area at low tide
on Saturday afternoon to take a look at the location in terms of
navigation and depth and so on. At that time, it was obvious that
the area does drop off sharply and gets very shallow at about 30 or
40 ft. from shore, but at that point it went to about 5 ft. in area
of the end of the dock which agrees with the soundings that have
been submitted on this project. I was surprised to see this
channel reaily wasn't much deeper than the area at the end of the
project, seemed to be about 6 ft. in the channel. Right, Don?
Which is fairly shallow and I think a test of the silting that has
taken place there.
HENRy SMITH: I think there is quite a road runoff problem at that
end of the creek and the other end of the creek on Hobart.
FRANK KUJAWSKI: I just add that I done alot of thinking on this
application and we've had alot of testimony here and there and back
and forth on minimal dredging that's going to take place here
whether or not it would have any effect but I then had to think
about my own area~ which I'm more familiar with and the fact that
we, I say we the 250 families on Deep Hole Creek, can't go in and
out of-Deep Hole for an hour before and an hour after low tide
unless you're dragging a skiff across the opening. There isn't
much of a channel left, but that doesn't seem_to be-a particular
handicap or hardship, and I wonder whether there would be a real
hardship here recognizing the fact that there would only be a
problem, docking the boat and leaving the dock probably only an
hour at low tide in this particular case. I think after that you
would have sufficient water, it appears here so unless someone
could show me otherwise I'm failing to see the need myself, this is
a personal thing.
HENRY SMITH: I feel it that we have cut down on the size of the
project. We have asked of Notaro's about on the size of the
project considerably which they have been very cooperative and have
done I think they are a young family that is moving into Town, they
are not speculators, and they have legitimate use for this
property. They want this to be their home, and I feel they have
co°~erated with Us in cutting down the size of the project, what
was asked for in the beginning and I have problem with the project
as the application now stands.
FRANK KUJAWSKI: Any other comments?
JOBl{ BEDNOSKI: I more or less go along with what Henry said, I
don't seem to have a problem at all with it.
JOHN BRE~N~ER: I'm sort of torn between you. I think the Good
faith effort was shown to scale down which we all saw, and maybe I
would be considering your thoughts Frank very seriously in future
applicationsin this area, but being somewhat process oriented I
think it would be justly unfair to tell these people now they
couldn't have their approval since they worked very hard with us,
but I would very seriously consider your thoughts on this matter.
FRANK KUJAWSKI: Well, I wouldn't, I'm not suggesting that we don't
approve the dock and the float and all of that, I still have a
problem with the dredging. I would like to make one other point in
reviewing the file on this, it seems to be some inconsistency in
terms of the amount of dredging. The application is still in front
of us, Glenn, is for an area of 40 x 70?
GLENN JUST: No, 20 x 70.
FRANK KUJAWSKI: 20 x 70, but the Army Corps has approved an
application of 17 x 70.
MRS. NOTARO: It was ..... the DEC has a typo when they approved the
... but if you see the actual drawing, the drawing is between 17
and 20 ft. It is the scale.
FRANK KUJAWSKI: The DEC one, yes, that seems to be clear. The
Army Corps Engineer permit has been reduced to 50 cu. yds. and an
area of 17 x 70. That's stated in the permit. The question I
have, I've been out on that size boat, does really an area of 17
ft. by, what is the beam of this vessel?
SOMEONE ?: 13.
FRANK KUJAWSKI: 13 ft. Do you have any maneuverability?
MRS. NOTARO: You don't need that much depth for the
keel, .... center.
FRANK KUJAWSKI: But you're going to hit silt on either side.
MRS. NOTARO: But not for the 13 ft. of boat goes in, it's an even
keeled vessel.
FRANK KUJAWSKI: But for the boat to pull in and to take off, I
don't think you're going to have any maneuverability at all.
HENRY SMITH: I think that's their problem. They feel that they
can work in a channel that 20 ft or 17 ft. wide, I got no problem
with that.
FRANK KUJAWSKI: It's not exactly a channel, you coming off of a
channel and then you're taking a 44 ft. boat and you're attempting
to spin it basically and pull directly in to a 17 ft. wide
HENRY SMIT~M: But you're spinning it or turning it in the channel
that was dredged by the County dredge.
FRANK KUJAWSKI: It's not that wide there.
HENRY SMITH: I know it's not that wide there, it can be done.
Sailboats can turn almost there own length so there's no
MR. NOTARO: Can I just mention one thing, I'm a licensed ship's
captain, I can pull it in there.
FRANK KUJAWSKI: It's a good point.
HENRY SMITH: Excellent point.
FRANK KUJAWSKI: The other point is and Chuck Hamilton was along
also from the DEC, which have approved the permit for this, we did
several soundings and found upwards of 4 ft. of silt in this area,
very loose bottom, really no consistency to it at all, and just one
point of view from economics here, I might point out to you here,
you might take a ft. of that silt off to get your permitted depth
but the next tide it will be right there. It will be right there
again. I don't know if this is going to be real waste of your
money, is what it amounts to~ In other words, removing one foot of
silt in a 17' wide channel when the tide goes out and the tide
comes in, that bottom is all loose. It's just going to fill right
back up again. Now, granted your keel may some muck, if you would
like to call it that, sticking to it, but you're not really going
to be impeded in your navigation in there. For that reason, it
just seems like, I'm not saying the project wasn't designed
properly, I'm saying that I don't think you're going to accomplish
what your intended purpose was, with or without this Boards
approval.
GLENN JUST: I think if you look back at some of the testimony by
expert witnesses such as John Costello and Tom Samuels or some of
the other marine contractors, when they do dredge it's not the
actual muck that they drop ahead of the dredge down to it's the
hard bottom.
FRANK KUJAWSKI: Well, you're not going to be able to accomplish a
one ft. reduction because if you're going down to hard bottom
you've got to go alot farther than 1 ft.
GLENN JUST: The weight of the head of the dredge is dropped
through the muck to the hard bottom and that's what is going to be
removed.
FRANK KUJAWSKI: That's exactly my point. So what will you be
removing?
GLENN JUST: The one foot and then the muck is going to settle
right back out, but you've got to get that one ft. depth that you
need.
FRANK KUJAWSKI: If the bucket drops down through 4 ft.
HENRY SMITH: It will level out, Frank.
FRANK KUJAWSKI: Of course, it will level out. The first tide in
and the first tide out.
JOHN BREDEMEYER: If they got to put ...... and then it will level
out.
FRANK KUJAWSKI: I don't know, it seems like an exercise in
futility here to accomplish something which I think can be
accomplished without it. Would anyone like to make a motion on
this unless someone else has a co~m~nt. There's no hearing, the
hearing was closed, this is just discussion prior to making of a
motion.
HENRY SMITH: I would like to make a MOTION we approve this permit
as submitted in it's new
FRANK KUJAWSKI: Point of order here, I don't think we can approve
it as submitted because the Army Corps of Engineers has the most
severe restrictions on this which is 50 cu. yds. and a-n area of 17'
wide x 70 ' long.
GLENN JUST: Someone at the Army Corps of Engineers did their own
scaling. Attached to the Corps of Engineers permit is the same
exact copy of the DEC. I've signed the original copy of the site
plans and dated it. Somebody at the Army Corps of Engineers has
scaled it out themselves ......... what the DEC approves ...... and
somebody has written over my writing.
FRANK KUJAWSKI: I don't see that.
GLENN JUST: I have the originals in hand, and if you want me to
come up and show you.
FRANK KUJAWSKI: It's a typed project description that I'm looking
at.
GLENN JUST: Look at the Army Corps of Engineers what they have and
something is written over it ....
FRANK KUJAWSKI: This is not written over. Glenn, I don't believe
you are correct. Would like to come up and take a look at this?
GLENN JUST: Sure.
FRANK KUJAWSKI: This is not written over- 17 ft, but this is what
we have in the file. This was submitted to us by you.
GLENN JUST: This is the same, I think.
FRANK KUJAWSKI: No, here's the permit, that's a picture, this is a
permit.
GLENN JUST: That's the same thing, this is part of the permit.
There saying the same thing.
FRANK KUJAWSKI: 50 cu.yds., 17 by 70 ft.
GLENN JUST: What I'm saying, they made the change there, that's
where the change has been made. According to the DEC permit that's
stamped approved is the same exact plan, the same date, the same
signature.
FRANK KUJAWSKI: I'm not disputing that, but what are you going to
do about this? This is the permit.
GLENN JUST: They've made an error.
FRANK KUJAWSKI: They've made an error?
GLENN JUST: Sure. This is the approved plan by the DEC according
to the Corps of Engineers log they cannot issue a permit without a
water qUality certificate DEC title wetlands
FRANK KUJAWSKI: I understand that. The problem is we're asked to
take the applicants word that the permit which is part of the file
is in error and there's no~ning in the permit, they may have
changed this on here because of a scaling problem, the 17 ft., but
they also reduced the cu. yds. of material from 70 on the DEC
permit to 50 on the Army Corps of Engineers.
GLENN JUST: You have a copy of every single piece of literature
that started back and forth between ourself and every single
regulatory agency. No way that I ever made that change. That was
made by the Corps of Engineers.
FRANK KUJAWSKI: Ibelieve that's correct. In other words, this is
the way the permit stands.
GLENN JUST: All I have is, there's the original permit.
JOHN BREDEMEYER: What you're saying is that at least under your
understanding the Azmy Corps doesn't have a~y authority to make a
change, but they seemingly have.
GLENN JUST: I've never seen it done before. You're the one that
just brought it up, I've never even noticed it. There's both the
original permits right there.
FRANK KUJAWSKI: I understand that.
JOHNBREDEMEYER: Do you want to approve as this form only?
GLENN JUST: Do you want something in writing from the Corps of
Engineers, I'll fax it to you tomorrow, you'll have it, but I'm
telling you this is the way it was submitted.
FRANK KUJAWSKI: No, this is the way ia was submitted by you to us.
GLENN JUST: No, it's not. Okay, maybe by me to you...I've never
submitted that to the Corps of Engineers.
FRANK KUJAWSKI: But it was submitted byyou to us to become part
of the permanent file, okay. As it stands at this point, it is
more restricting than the application you asked for and more
restricting than the DEC has granted.
HENRY SMITH: How about we make a motiQn to approve this as it
stands the way it is until he gets a clarification from the Army
Corps of Engineers and until such time it will changed.
GLENN JUST: I don't know what to say. Here is what was submitted
to the Corps of Engineers, that is it. Sams exact signature except
for somebody made the change there and then in turn on the site
plan made it in the narrative.
FRANK KUJAWSKI: I don't think it's a typo.
GLENN JUST: I can show you the original, it's in the file. This
is the original that was submitted.
FRANK KUJAWSKI: Drawing.
GLENN JUST: This is the one that was stamp approved by the DEC.
FRANK KUJAWSKI: Yes,.I can see that. Their obviously contesting
your calculation of cubic yardage.
GLENN JUST: They've changed it, 20 to 17.
FRANK KUJAWSKI: 20 to 17, and they have changed the 70 to 50, so
that is a restriction that's now placed. No more than 50 cu.yds.
can come out of there.
JOHN BREDEMEYER: Whether intentionally or...
GLENN JUST: What do you want us to do? I just can't believe, I've
never seen
FRANK KUJAWSKI: I just don't want us to approve something that is
not as restricting as the other agencies we have to coordinate
with. We can't just take another agencies findings and throw it
out the Window and isay, "Well, you were to restricting, so we are
going to' double the amount of cubic yardage, or we're going to
increase it from 50 to 70.
JOHN BREDE~EYER: We can approve it subject to this and not to
exceed any revision up to the 20, which we had previously, and then
they can come in with a revision. If it's simply a typo, the Army
Corps shOuld certainly be able to fax you something.
GLENN JUST: Most definitely it's a typo.
MOVED to approve with the respect to the same area as this Army
Corps permit dated of public notice, 13441-881379L2, and not to
exceed 20 x 70 or 70 cu.yds, if revised, Trustee Bredemeyer, second
by Trustee Bednoski, Vote of the Board: Ayes, Trustee Bredemeyer,
Trustee Smith, Trustee Bednoski, Nay: Trustee Kujawski -
Resolution adopted.
FRANK KUJAWSKI: It was 70 cu. yds. from the DEC. But what that
means if it is not changed then it will be 50 cu. yds.
JOHN BREDEMEYER: Absolutely, in other words, here as stands unless
revised by Army Corps not to exceed what the DEC has. Maybe there
is a legitimate problem, here. Basically we'll be writing a permit
that coincides with the most recent submittal from Az~,y Corps, if
you can't get another one then it will be on this, if you get a FAX
sheet over from A~my Corps tomorrow
FRANK KUJAWSKI: Could you make a note before the permit goes out
on this, before the permit is issued to make sure the Army Corps is
either left as standing which would be part of the pe~£,it or
modified if something does get faxed to us.
Joan Romanowski - Clerk - Trustees
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES
DURING THEIR REGULAR MEETING HELD ON MARCH 23, 1989, REGARDING
A~PLICATION NO. 6-88-63-7-30.1 J.M.O. CONSULTING ON BEHALF OF FRANK
AND ANTOINETTE NOTARO, CALVES NECK ROAD, SOUTHOLD, N.Y.
MOVED to approve with the respect to the same area as this Army
Corps permit dated of public notice, 13441-881379L2, and not to
exceed 20' x 70' or 70 cu. yds. if revised, Trustee Bredemeyer,
second by Trustee Bednoski, Vote of the Board: Ayes, Trustee
Bredemeyer, Trustee Bednoski, Trustee Smith, Nay: Trustee
KujawSki - Resolution adopted.
WHEREAS, J.M.O. Consulting on behalf of Frank and Antoinette Notaro
applied to the Southold Town Trustees for a permit under the
provisions of the Wetland Ordinance of the Town of Southold,
application dated June 26, 1988, and
WHEREAS said application was referred to the Southold TowT~
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 March 23, 1989 at which time all
interested persons were given an opportunity to be heard, and
WHEREAS, the Board members h~e personally viewed and are familiar
withthe 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 J.M.O. Consulting ON BEHALF OF Frank and Antoinette
Notaro BE AND HEREBY IS GRANTED PEP/4ISSION UNDER THE WETLAND
ORDINANCE TO:
Construct 4' x 20' catwalk, 8' x 60' float, 3' x 9' ramp, dredge to
remove approximately 50 cubic yards material from area 17' x 70' in
front of float.
This permit will expire two years from the date it is signed
if work has not co~uL~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
HECEI ;/ED AND FILED BY
THE SOUTHOLD TOVCN C~RK