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HomeMy WebLinkAboutTR-11/16/1989 TRUSTEES John M. Bredemeyer, III, Presidem Henry P. Smith. Vice President Albert J. Krupski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 PRESENT WERE: MINUTES November 16, 1989 Frank A. Kujawski, Jr., President Albert J. Krupski, Jr., Vice President John M. Bredemeyer, III, Trustee Henry P. Smith, Trustee John L. Bednoski, Jr. Trustee Jane Blados, Clerk FRANK KUJAWSKI: I would first like to tell everyone the Town Budget as approved is in our office for your review if you would like to take a look at it. Next Trustee Board Meeting: December 21, Worksession at 6:00PM Field Inspection on December 19, 1989 1989 at 7:00PM, A motion to approve these dates was made by Henry Smith, seconded by Albert Krupski. ALL AYES MEETING CALLED TO ORDER PLEDGE OF ALLEGIANCE Approval of minutes of September 28, 1989: Frank Kujawski made a motion to approve the minutes of September 28, 1990, seconded by Henry Smith. ALL AYES I. MONTHLY REPORT: Trustee monthly report for October 1989, a check for $2,986.52 was issued to the Supervisor's Office for deposit in the General Fund. II. PUBLIC NOTICES: Publice notices are posted on the Town Clerk's Bulletin Board for review. III. COMMUNICATIONS: Page 1 Board of Trustees 1. Carl E. Vail, Sr. re: restoring rock revetment on property located on Jockey Creek. Discussion held and it was determined that the rock revetment was orignally approved and Mr. Vail could come in for his permit, which was renewed for a period of one year. Stipulation by A1 Krupski that Janet Maddams marsh be replanted on a 2 to 1 basis. Frank Kujawski made the motion to approve, seconded by A1 Krupski. ALL AYES 2. Merlon Wiggins, Peconic Associates re: Youngs Marina for renewal of permit. Several conditions had changed since the original issuance of the permit: one being the designation of Peconic as a CEA area extending to 500' inland and that would encompass this project. FRANK KUJAWSKI: I make a motion not to renew this permit which will expire on December 17, and invite the Youngs Marina people or Peconic Associates to re-submit an application which would then follow the normal SEQRA procedure. We do have a DEC and an Army Corps permit on file, in light of the fact that it is now a CEA area. JOHN BEDNOSKI: I~ll second the motion. AYES: Trustees Kujawski, Bednoski, and Krupski ABSTAINED: Trustees Bredemeyer and Smith IV. ASSESSEMENTS: 1. En-Consultants on behalf of Russell Irelandto construct a 30' timber groin in Peconic Bay at Peconic Bay Blvd., Laurel. HENRY SMITH made a motion that it be non-significant (Negative Declaration) and Frank Kujawski seconded the motion. ALL AYES 2. Richard and Patricia Snow to construct a 3'x 30' catwalk, and authorize the existing blueStone paved area on property located at 1585 Long Creek Drive, Southold, NY. FRANK KUJAWSKI: I would make a motion to assess this as Neg Dec. AL KRUPSKI: Second. ALL AYES 3. En-Consultants on behalf of Robert Fairlie to construct a 4'x 65' elevated fixed dock extending from the bulkhead. Property is located on Jockey Creek at 3765 Willis Avenue, Southold. HENRY SMITH: I'll make a motion to Neg Dec that. AL KRUPSKI: Second. ALL AYES 4. En-Consultants on behalf of Philip Rodiloso to construct a 4'x30' fixed elevated walk (to be attached to existing catwalk), relocate the ramp and existing floats, and add a 6'x30' float in "L" configuration. This project is located in Eugene's Creek at 1200 Beebe Drive, Cutchougue, NY. ALBERT KRUPSKI: I make a motion we approve this..subject to, I'm sorry, Neg Dec it..then I won't put any conditions on it. JOHN BEDNOSKI: Second. ALL AYES Page 2 Board of Trustees FRANK KUJAWSKI: One of the conditions you can attach to this motion, I think this is what Albert wanted to do, consideration for the size of the project, might be reconsidered here. Roy,there seems to be some concern about the channel. You might want to take a look at that before the hearing next month, and the length out, as whether the channel..ah past the channel. A suggestion is to have applicant submit soundings to the Board; also, Bay Constable to check to see where you come up with 3' of water. 5. Diamond Scarduzio to construct a single family dwelling with associated sanitary system on property located on Budd's Pond Road off Bayhome Road, Southold, NY. Henry could not locate the property and asked to have it flagged and identify it somehow. John Holzapfel of the CAC stated that the CAC had numerous questions on the wetlands and the septic system the applicant plans to put in front of the house (the elevated one). FRANK KUJAWSKI: I make a motion to table this until its re-inspected by the Board. Motion seconded by John Bednoski. ALL AYES Henry Smith noted that there is Town water there, also. 6. En-Consultants on behalf of William and Vincent Geraghty to assess as per revised plan for deposit of additional 1000 c.y. of fill on property located on Main Road, Southold, NY. FRANK KUJAWSKI made a motion to give it a Negative Dec, seconded by JOHN BREDEMEYER. ALL AYES NOTATION: Project would not proceed until spring. 8:00PM JOHN BEDNOSKI made a motion to recess the meeting for hearings, seconded by FRANK KUJAWSKI. ALL AYES V.HEARINGS: HIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE' AN AFFIDAVIT OF PUBLICATION FRON THE SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVLER WATCHMAN. PERTINENT CORRESPONDENCE MAY-BE READ PRIOR TO ASKING FOR CfE4MENTS FROM THE PUBLIC. 8:00PM ...... FRANK KUJAWSKI: The first is in the matter of EN-CONSULTANTS in behalf of AL KOKE, Kimberly Lane to maintenance dredge a 1200' x 60' channel to a depth of 6' below MLW in Jockey Creek spur at end of Pine Neck Road. Aprroximately 6500 c. y. of spoil to be removed and placed on beach for nourishment of island to the east. Before I invite comments from the audience, I have a letter from Steve Latson regarding this project. I'll read it into the record: This is from Steve Latson, P. O. Box 15, Southold, NY, November 16, 1989. This is regarding the maintenance dredging of Jockey Creek. This letter reflects the views of the North Fork Environmental Council. The Page 3 Board of Trustees bulkhead at the east end of the island should be rebuilt before any dredging takes place. Before storm Nelson destroyed the structure, the island was much more stable. Dredge material should be placed behind this bulkhead to fill the breach in the island that has created the largest channel filling area. Appropriate vegatation should be planted to help hold this area ~(beach grass, phragmites, etc.). Overall, the channel itself has not filled in that much over the years. A recent survey of the area shows only three places where the depth is less than 6' on a normal low tide~ One 50' area in front of the boat ramp has gradually filled in due to both road runoff erosion from Pine Neck Road and the action of boat trailer tires pushing bottom down into the channel. This would be a good place to do a road end runoff containment project. The second area is also about 50' long. This area is where the channel runs between the closest points of the two islands. This was always the narrowest part of the channel because of the close proximity of the two islands. This area filled in because there was always a very steep slope to the channel sides and because the spartina on the northerly island has died off dramatically, allowing further filling on the north side of the channel. The third area (100' or so) is located near the east end of the channel. This area is severely shoaled due to the aforementioned, destroyed bulkhead. In conclusion, this project seems over-stated. Some dredging is necessary, but not near the amount being requested. The 60' width may be all right if the 60' includeds both side slopes to the channel. If the intention is to create a 60' width at a 6'depth, this is too wide a channel and would infringe upon either natural bottom to the north or the island to the south. This can be an excellent project if a conservative approach is used. Thank you, Steve Latson. Note: I (Steve Latson) am now an official representative of the North Fork Environmental Council. Frank: I think Steve approved of the project. Is there anyone in the audience Who would like to comment for or against this project? BRUCE LUCA: CAC, Town of Southold.. The CAC was split in its decision, majority opposed to it, mainly because they felt the Trustees had a moratorium on all dredging in Town and that was their understanding. AL KRUPSKI: If I could clarify what we consider as maintenance dredging..The moratorium is not all new dredging. BRUCE LUCA: The minority, which approved the project, sighted maintenance dredging..ah and for your consideration it was a four to three vote, so it was pretty split and the negative part was ... JOHN BREDEMEYER: Was the negative part largely based' on impressions of the current ban or the scope of the project? BRUCE LUCA: Everybody thought it was a little big; I even felt it was a little big, 60' wide is pretty wide. Page 4 Board of Trustees FRANK KUJAWSKI: I think, Bruce, in discussions with the applicant I'll just add that to the record right now. I think this is sort of a maximum type project using County specs and therefore, probably would not approach this magnitude, but they can comment on that. BRUCE LUCA: Seemed like a lot of yardage coming out of there because some of that depth is already at 6'. FRANK KUJAWSKI: Is there any co~,LLent for or against this application? ROY HAJE for the applicant: The project which we developed was modeled directly after the County's project. The 60' is maximum, and we show in the cross section invariable to a lesser width, and in fact, we show that too, in the planned view. Obviously, he doesn't want to do any more dredging than he has to because it's by a per yard basis. JOHN BREDEMEYER: Is that 60' inclusive of the slopes side or is that the top maximum width and then the slopes coming from that..just a qUestiOn that came up earlier. FRANK KUJAWSKI: I think that's what he just said, didn't he. ROY HAJE: Well, I'm not sure, that would probably be max, yeah. If you do choose to approve it, could I ask you, in addition to the permit, I'm making a lot of assumptions, could you write something to the other agencies, maybe urging them to go forward with all deliberate haste because we're afraid that we're going to run out of the dredging window if they don't approve the project also. I have no indication that they are not going to, but sometimes they tend to be... FRANK KUJAWSKI: They might be waiting for us, too. One other point, so I'll bring it up right now, that we discussed earlier, was to contact the DEC and request reconsideration of creating a dune at that breach in the island and planting it with beach grass. We felt that would be a better approach than throwing it On the beach. So, that's one thing, Jane, we should dO after the meeting, contact the DEC regarding dune creation. Any other comments about this project. RONNIE WACKER SPEAKING FOR NF ENVIRO~ENTAL COUNCIL: In general, we agree that the dredging is necessary, but it does seem to be unusually long..1200 feeE, for that's the area. We Would like to recommend that no area that has not been dredged before be dredged this time. You know, it is supposed to be maintenance dredging in order to protect plant life and other shellfish and that only those areas that have been dredged be dredged this time. FRANK KUJAWSKI: OK. Any other comments? Any comments from the audience, any comments from the Board? ALBERT KRUPSKI: Is this the sort of thing, I wonder, that's going to be done immediately because we've been discussing this and other projects; some projects should have a time limit on them and what does the Board think about putting a 2-year time limit with no extensions on this, or is that unreasonable to the applicant? HENRY SMITH: I don't think that's a problem here, Al. I think if the permit is gotten tomorrow, I think as soon as they can get a contractor in there, they're going to do it. This is Page 5 Board of Trustees nothing that's a .. they are going to be a benefit, like a marina or anything like that. This is strictly a maintenance project. When you talk about a time limit on something, you're talking about new projects, not maintenance projects, and I don't think there's any problem there. I think they would like to get this done as soon as possible. I know what you're saying, but its new projects we're talking about. This is strictly a maintenance project, so ... as far as the..I don't think there should be anything to hold up the permit if..ah, I would personally like to see that end of the island built up myself, and beach grass put there for nourishment, but if the DEC says "no" I don't want to come to a head bumping contest with the DEC. FRANK KUJAWSKI: Right, I wasn't going to put that as contingent. HENRY SMITH : Right, but it is a... FRANK: I think it's the better approach. HENRY: Right, but the better we can keep that channel open and get the use of those boat ramps down in that area ~nere there is ampl~ parking and get it off the Founders Landing part~ I think we'd be a lot better off. FRANK KUJAWSKI: Any other comments, any motion or do you want to take care of this later or we can do it right now? ALBERT: Let's vote on it now. HENRY SMITH: I make a motion we approve. JOHN BREDEMEYER: Second. ALL AYES 8:15 PM .... FRANK KUJAWSKI: The next hearing is in the matter of John Geideman in behalf of Robert W. Keith to construct a 4' x 100' catwalk, a 4' x 20' fixed dock, a 3' x i0' ramp, and a 6'x20' float on property located at the foot of Willis Creek Drive on Deep Hole Creek in Mattituck. I think since this project was originally submitted, there have beer a couple modifications..if I can find it. HENRY SMITH: Wasn't this moved, Frank, to the south, something like that? FRANK KUJAWSKI: Yes, I think the latest plan was October 13, and it has been moved north a little bit, from the beach area, and the 100' catwalk actually comes from the house deck, so the extension from MLW is approximately 30 feet, give or take, well actually a probably a little closer to 40 feet, give or take a couple to the ramp. ALBERT KRUPSKI: Wasn't the length of the project shortened, also? FRANK: Yes, so anyway, are there any comments either for or against this application? Jim? JAMES SMALL: 3100 Deep Hole Drive, Mattituck; I see one problem that concerns us a little bit, maybe you people could address this question. According to the patterns of the fill-in over the years, it fills in from the west, and what might be a nice easy channel getting in and out of the creek on that west side, it worked out very nicely just after they dredged it, but after Page 6 Board of Trustees a year and a half, two years, that fills in and we have to go on the north side, I'm sorry, it's the south side that fills in, so we have to go to the south side. That side is where they intend to build that dock, and my question is: would that interfere with our getting in and out with a boat because 3 feet of water, 3 1/2 feet. You see, we normally have to go on that side to get out,is what I am saying, and the dock or the ramp is there, would that be a problem for us?~ FRANK KUJAWSKI: Yes, I made the Board aware of that concern, also, Jim, and it's a concern of mine. I'm just wondering what the Board thinks about possibly approving this project but subject to it not interfering with navigation, in other words, if it turns out a year down the road, it does interfere navigating the entrance to the creek, the float may either have to be shortened or turned sideways tiered, or moved. I think we have that right in the Trustees guidelines to make those kinds of modifications if navigation becomes a problem. Appears right now, the dredging that was done has moved the entrance, the egress and ingress to that creek to the west side. I watched somebody go out the day we went down for inspections on Tuesday. If that's the case, it's probably not going to interfere. Well, in the resolution, if we do approve this, we are going to make that stipulation, that the float may have to be moved in the future if it interferes with navigation at some future date. At least, I'll propose it that way. Any other comment from the audience regarding this? CAC initially disapproved it, felt the dock was out too long, out too far and would impede the access of the channel by others, and suggested to ~norten the dock and turn the float perpendicular. Well, the float hasn't been turned perpendicular, but the dock has been shortened alot. You have any other comments, Bruce? BRUCE: No. FRANK KUJAWSKI: Any comments by the Board? HENRY SMITH: None, that's a good way to handle it, Frank. FRANK KUJAWSKI: I make a motion to Close the hearing. HENRY SMITH: Second ALL AYES FRANK KUJAWSKI: I make a motion to approved the project, the revised project subject to and understanding that the float may have to be adjusted in the future if it interferes with navigation. ALBERT KRUPSKI: Second ALL AYES FRANK KUJAWSKI: That takes care of our hearings. Any motion to resume our meeting? So moved, HENRY SMITH Second, AL KRUPSKI ALL AYES IV. ASSESSMENTS, Continued FRANK KUJAWSKI: Now that the hearings have concluded, is there anyone here who needs to address the Board regarding any Page 7 Board of Trustees specific project? Mr. Spitaliere, yours will be coming up in a few minutes. 7. ROBERT KEITH, Willis Creek Drive, Mattituck, NY, plantings for a buffer zone and to cut the phragmites landward of the high tide bushes. FRANK KUJAWSKI made a motion to give this project a negative declaration, seconded by HENRY SMITH. ALL AYES 8. ROSCOE COREY, 830 Clearview Avenue, Southold, NY to construct a 2' x 35' catwalk 18" high across marsh grass to waters edge, 6' x 4' dock, and install necessary pilings. Motion by AL KRUPSKI to give it a neg dec, as is and seconded by JOHN BEDNOSKI. ALL AYES 9. JOHN H. GEIDEMAN in behalf of GRANT H. LENNOX, property located on Knoll Circle, East Marion, NY, to construct 65' of bulkhead to be tied to the existing bulkheads. JOHN BREDEMEYER made a motion to t~hle, (more information needed) seconded by ALBERT KRUPSKI. ALL AYES FRANK: Make a notation to contact John Geideman and ask him to fill out a long assessment form. 10. J. M.O. CONSULTING in behalf of PETER BAVARO to remove existing 4' x 30' catwalk, construct a 4' x 60 catwalk, (elevated a minimum of 4' over grade), a 3' x 12' ramp and a 6' x 30' float to be secured by 2 spile dolphins on Lupron Point Road, Mattituck, on Deep Hole Creek. FRANK KUJAWSKI made a motion to table until CAC has a chance to offer recommendations, seconded by HENRY SMITH. ALL AYES VII. WAIVERS i. RICHARD MOHRING to construct a single family dwelling on property loCated on R. O. W. off Main Road, Cutchogue, NY. Bruce Luca commented for CAC that it was close to wetlands and should go through the full process. A1 Krupski stated that according to the map, the wetland is a sharp line there and that they are well out of our jurisdiction of 75'. A1 to tape it off. ALBERT KRUPSKI made a motion to grant the waiver, subject to his (Al's) inspection and he will contact the Trustees that it is out of Trustee jurisdiction, seconded by FRANK KUJAWSKI. ALL AYES. 2. WILLIAM J. MILLS CO., Main Road, Greenport, NY to dig a trench from building to Main Road for construction materials. A motion to approve the waiver by HENRY SMITH, seconded by FRANK KUJAWSKI. ALL AYES. Page 8 Board of Trustees VltI. RESOLUTIONS: 1. Approval to transfer permit ~432 for JOSEPH SPITALIERE to Charles Bleifeld. This goes along with the dock permit that was transferred last month. FRANK KUJAWSKI moved to grant this transfer; a second by JOHN BREDEMEYER. ALL AYES. 2. Re-instate an original permit for EDWARD DEUTSCH that was revoked, with file to conditions. Frank mentioned that there were a lot of legal Conditions (about 10 pages) and that he looked them over, didn't see anything unusual. It looked like a good compromise was reached. FRANK KUJAWSKI made a motion to re-instate the original permit, seconded by HENRY SMITH. ALL AYES ...... FRANK KUJAWSKI: I think, Jane, you could just send a letter, I'll sign it, notifying him that the permit and the number have been re-instated. The number is to be posted on the dock. 3. Extension of permit for YOUNGS MARINA voted on earlier under communications. 4. WEST LAKE ASSOCIATION request for an extension of wetland permit ~418o The problem here is that they still have not raised enough funds to do the project; they're still soliciting contributions from the neighbors. FRANK KUJAWSKI made a motion to grant a one-year extension (from March 30, 1990), with no further extensions. A new permit will be needed if work has not been completed by that time (March 30, 1991). JOHN BREDE~EYER seconded the motion. ALL AYES. 5. A resolution to hire Dr. John Hansen to survey the Robert Searle project in Fishers Island at $30.00 an hour, plus food and travel was made by FRANK KUJAWSKI, seconded by HENRY SMITH. ALL AYES. IX. MOORINGS A motion was made by HENRY SMITH and seconded by AL KRUPSKI to approve December mooring renewals. ALL AYES. 1. BERNARD PETERS, 1640 Calves Neck Road, Southold, NY, mooring in Town Creek (to replace a permit that was cancelled). HENRY SMITH made a motion ~o approve, seconded by AL KRUPSKI. ALL AYES. FRANK KUJAWSKI: Just for the minutes of the meeting, maps will be available within several weeks for review of an additional list of CEA areas. The hearing on these CEA creeks will be held next month. We'll probably do them as a group and address any comments as a group. We'll publish the names of the creeks in the paper. I would appreciate anyone who has an interest to Page 9 ' · ~ Board of Trustees Comment, to make their comments. Anybody have anything else to come in front of the Board? (NOne) I make a motiOn to adjourn. JOHN BREDEMEYER seconded this motion. ALL AYES. MEETING ADJOURNED /JANE BLADOS, CLERK Page 10