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HomeMy WebLinkAboutTR-07/21/1988FRANK A. KUJAWSKI, JR., Ptesiden[ ALBERT J. KRUPSKI, JR., Vice-President JOBN 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 MINUTES /~gLEPHONE (516) 765-1892 JULY 21, 1988 Present were: President Frank A. Kujawski Vice President Albert Krupski, Jr. Trustee John Bednoski Trustee John Bredemeyer (arrived at 4:15 P.M.) Trustee Henry P. Smith Town Attorney James A. Schondebare Clerk Ilene Pfifferling 4:15 p.mo - Attorney Richard Lark appeared before the Trustees to discuss the Linda Wilton matter. A meeting will be scheduled to meet with the D.E.C. regarding this application. Recommendation to Planning Board for the Marina Bay Club: The Trustees Will investigate providing a portion of the project for Marine Co~tuuercial and/or Fishing Industry consistent with State Grant of underwater land on the site. Angel Shores: The Trustees recommend the third alternative as they felt that this would be the best besides the no action alternative. CEA for Richmond Creek: A public hearing will be scheduled in regard to this matter. Review of applications for intent of lead and completeness of the applications: The Trustees will use this letter for coordination under S.E.Q.R.A. Southold Shores Boat Basin, Inc. - Referred to Planning for Lead. Mattituck Inlet Marina - Referred to Planning for Lead. REGULAR MEETING 7:00 P.M. PRESENT WERE: President Frank A. Kujawski, Jr. Vice-President Albert J. Krupski, Jr. Trustee John M. Bredemeyer, III Trustee John Bednoski, Jr. Trustee Henry P. Smith Clerk Ilene Pfifferling Board of Trustees - July 21, 1988 - Page President Kujawski called the meeting to order at 7:00 P.M. with the Pledge to the Flag. Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED that the Town Trustees set Thursday, August 18, 1988 (12:30 p.m.) as the date for field inspections and Thursday, August 25, 1988 (7:00 P.M.) as the date for the next regular meeting. Work session will be held at 4:00 p.m. on August 25, 1988 at Town Hall, Main Road, Southold. Vote of Board: Ayes: All - Resolution adopted. Approval of the August Mooring Renewals. Moved by Trustee Smith seConded by Trustee Kujawski it was RESOLVED that the August mooring renewals are approved with the exception of mooring permit No.'s 623 and 668 which will be voted on separately. Vote of Board: Ayes: All - Resolution adopted Moved by Trustee Kujawski seconded by Trustee Smith it was RESOLVED to approve permit No. 943 for Mr. Basile to reflect A, B & C With the condition that if congestion or a problem with navigation occurs he may have to relinquish two mooring sites upon the direction of the Board. Vote of Board: Ayes: All - Resolution adopted. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to approve mooring permit No. 623 for Frank Kujawski. Vote of Board: Ayes: Trustee Smith, Bredemeyer, Krupski, Bednoski - Abstained: Trustee Kujawski - Resolution adopted. Moved by Trustee Smith seconded by Trustee Kujawski it was RESOLVED to approve mooring permit No. 668 for Beverly Bredemeyer. Vote of Board: Ayes: Trustee Smith, Kujawski, Krupski, Bednoski - Abstained: Trustee Bredemeyer - Resolution adopted. Moved by Trustee Smith seconded by Trustee Kujawski it was RESOLVED to Approve the minutes of the June 23, 1988 meeting. Vote of Board: Ayes: All Resolution adopted. President Kujawski reported that a total of $2139.00 was collected by the Trustee Office and forwarded to the Supervisor's office to be placed in the General Fund. II. PUBLIC NOTICES: President Kujawski advised that the Public Notices are published on the Town Clerk's Bulletin board for review. III. COMMUNICATIONS: From Cecilia Z. Loucka Re: Angel Shores 2. From Linda Ventoso Re: James Creek Board of Trustees - July 21, 1988 - Page 3. From Michael Core¥, Dept. of State Re: Gardiners Bay Estates Homeowners Association - request for information. From Robert N. Thurber, NYS DEC Re: David Merz application From George Hammarth, NYS DEC Re: Dolores Holman - Lead agency Coordination request From Town Clerk Judith T. Terry Re: Road improvements From James A. Schondebare, Town Attorney Re: Waiver provision - Trustee Bredemeyer thought that this was a good idea from the Town Attorney regarding waivers. President Kujawski did not. Trustee Krupski felt that coordinated reviews are necessary e From Alfred A. Magill Re: 1145 Fleetwood Road, Cutchogue From George Stafford, Director of Division of Coastal Resources & Waterfront Revitalization, Dept. of State Re: WeSt Lake Association Project 10. From Thomas E. Samuels Re: Senate Bill 7769 11. From Robert E. Wilson, Secretary of The West Lake Creek Estates Re: Mooring No. 797-Permit No. 3644 12. 13. 14. From James A. Schondebare, Town Attorney Re: Bridge on Grand Ave., Mattituck - President Kujawski reported that in the interest of public safety the insurance company has advised that the bridge abutments should be removed. He felt that this could be an area that could be Used for moorings. A waiver was granted see page From Supervisor Murphy Re: Housing project proposal, Richmond Creek, Peconic From Michael Corey, Senior Environmental Analyst, Dept. of State Re: Dolores Holman 15. 16. From Anthony Leggio Re: 2300 Glenn Road, Southcld From Matt-A-Mar Marina, Donald P. Cocks, Manager Re: Marina 17. James A. Schondebare, Town Attorney Re: CiaCia property - President Kujawski advised that Trustees inspected the site and there is a dilapidated house on the property that is crumbling and in disrepair. The Board of Trustees - July 21, 1988 - Page 4. Town has the ability, if the Trustees agree, to clear the site and take down the house. Trustee Krupski suggested a buffer so that there would be no disturbance to the wetlands, or the use of hay bales to prevent any problems. Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees Waiver the need of a permit for the CiaCia property to clear the site and take down the house with the provision that hay bales are placed up to the edge of the phragmites to prevent run off and disturbance to the area. Vote of Board: Ayes: All - Resolution adopted. 18. From Lawrence J. Matzen/Gardiners Bay Estates Homeowners assoc, Inc. Re: Information relative to his application 19. 20. 21. 22. 23. From Larry Penny: Re: Joseph Henderson, F.I. From John Aldred, Environmental Consultant Re: Javelera property, F.I. From John Aldred/Larry Penny, Environmental Consultants Re: Walsh Park Affordable Housing Project, F.I. From Roy L. Haje, En-Consultants, Inc. Re: Dolores Holman From Dimitrio Sariyiannis Re: Request for an extension on permit no. 2199 Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED to recess the regular meeting at 7:30 P.M. to hold the following public hearings. Vote of Board: Ayes: All - resolution adopted. IV. PUBLIC HEARINGS: 7:30 P.M. - Joan & John T. Wetzel 7:32 P.M. - J.M.O. Consulting for Wilhelm Franken 7:34 P.M. - J.M.O. Consulting for Alexander Williams 7:36 P.M. - J.M.O. Consulting for Joseph Spitaliere/hearing recessed 7:38 PoM. recessed 7:40 P.M. recessed J.M.O. Consulting for Joseph Spitaliere/hearing J.M.O. Consulting for Stephen Gottlieb/hearing Board of Trustees - July 21, 1988 - Page 5. 7:42 P.M. - J.M.O. Consulting for Willard S. Mahood- Hearing not held. Approval/Denial of the Wetland/Trustee applications See pages 9 thru 11. V. LEADS: 1. FRANK AND ANTOINETTE NOTARO - TABLED Moved by Trustee Kujawski seconded by Trustee Krupski it was RESOLVED to Table the application of J.M.O. Consulting on behalf of Frank & Antoinette Notaro for a Wetland Permit on certain property located on Calves Neck Road, Southold. The Trustees need additional information regarding this application· i. Vote of Board: Ayes: All - Resolution adopted. 2. WILLARD S. MAHOOD - LEAD Moved byTrustee Kujawski seconded by Trustee Krupski it was RESOLVED that the The Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of J.M.O. Consulting on behalf of Witlard S. Mahood for a Wetland Permit on certain property located on Fishers Island. 2. Vote of Board: Ayes: All - Resolution adopted, VI. 1. MOORINGS: Robert Fox - Approval Moved by Trustee Kujawski seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees approve the request of Robert Fox to place an offshore mooring in James Creek using private property as access. Vote of Board: Ayes: All Resolution adopted. Gerald P. CuttrelI - Approval Moved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED that the Southcld Town Trustees approve the mooring permit for Gerald P. Cuttrell to place an offshore mooring in Mattituck Creek using public property as access with the provision that the Bay Constable assist in the final placement of the mooring. Vote of Board: Ayes: All - Resolution adopted. John J. Quinn - Approval Moved by Trustee Bredemeyer seconded byTrustee Krupski it was RESOLVED that the Town Trustees Approve the request of John J. Quinn to place an offshore mooring in Gull Pond, Greenport. Vote of Board: Ayes: All -Resolution adopted. Donald Seeth - Denial Moved by Trustee Smith seconded by Trustee Bredemeyer Board of Trustees - July 21, 1988 - Page 6. e it was RESOLVED to Deny the application of Donald Seeth whereas a Certified letter will be forwarded to Mr. seeth advising that he is to remove his mooring within ten days of receipt of the letter, or the mooring will be removed at his expense. The Trustees wish to further advise Mr. Seeth that the present site is not acceptable and the Trustees are willing to work with him along with the Bay Constable to secure a location for the mooring. Vote of Board: Ayes: All - Resolution adopted. 5. J. Anemoyanis - ApprovedMoved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to Approve the request made by J. Anemoyanis to place an offshore stake and mushroom anchor in Goose Creek, Southotd. 5. Vote of Board: Ayes: All - Resolution adopted. VII. ASSESSMENTS: NEGATIVE/SIGNIFICANT - NOTICE IS ISSU~n PURSUANT TO THE PROVISIONS OF 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 MAY NOT HAVE A SIGNIFICANT EFFECT TO THE ENVIRONMENT. See pages 12 thru 15. 1. David Merz, Robinson Road, Greenport 2. En-Consultants, Inc. for John Gutleber, Lupton Point Road, Mattituck. J.M.O. Consulting for Lambert Javelera, Equestrian Ave. F.Io Andrew & Bernice Lettieri, Pleasant Inlet, Southold. Gardiners Bay Estates - East Marion. VIII. AMENDMENTS: 1. Ellen Violett - Approval to amend permit. Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to Approve the request made by Ellen Violett to amend permit No. 1793 to include her name as well as Alberto Montoya on said permit. 1. Vote of Board: Ayes: All Resolution adopted. 2. Lawrence W. Currie/Lawrence W. Currie, Jr.- Approval Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Town Trustees Approve the request made by Lawrence W. Currie on behalf of Lawrence W. Currie, Jr. Board of Trustees - July 21, 1988 - Page 7. requesting to reconstruct and register a dilapidated bulkhead located at 8515 Soundview Ave., Southold. 2. Vote of Board: Ayes: All - Resolution adopted. 3. Ronald Garsik - Approval Moved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED to Approve the request made by Ronald Garsik to relocate his mooring permit No. 1885 - 622 in Eugene's Creek, Cutchogue. 3. Vote of Board: Ayes: All - Resolution adopted. IX. WAIVER: 1. Randolph and Mary Schreyer Moved by Trustee Krupski seconded by Trustee Bednoski it was RESOLVED that the Southold TownTrustees Approve the request for a Waiver of the Wetland Ordinance as requested by Randolph and Mary Schreyer to, 160 Blue Marlin Drive, Southold as requested to construct a 50' x 14' deck whereas the Board conducted an on site inspection of the subject property and determined that the project as proposed will not adversely affect the wetlands of the town. This approval is subject to any other Dept. or agency approval that may be required for the project. 1. Vote of Board: Ayes: All - Resolution adopted. Determinations: 1. James Anderson, Freeman Ave., Mattituck - Waiver Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees Approve a Waiver for James Anderson for an addition to an existing residence on property located at 165 Freeman Ave. Road, Mattituck, Whereas an on site inspection of the property wasconducted and the Board determined that the project would not adversely affect any wetlands nor adversely affect the health, safety and general welfare of the people of the town. This approval is subject to any other Dept. or Agency approval that may be required for the project. 2. Vote of Board: Ayes: All - Resolution adopted. 2. Virginia & Harold Thomas - Waiver Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Town Trustees Waiver the need of a wetland permit for Virginia & Harold Thomas as requested for the construction of a deck on property located at 3760 Minnehaha Blvd., Southold. After an on site inspection the Board determined that the project will not adversely affect the health, safety and general welfare of the people of the town. 2. Vote of Board: Ayes: All - Resolution adopted. 3. CiaCia - Waiver Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Town Trustees Waiver the need of a Wetland Permit for the removal of buildings and structures on the property of Margaret Ciacia located on the corner of Pipes Neck Board of Trustees - July 21, 1988 - Page 8. Road and Route 25, Southold with the provision that hay bales are placed in the area up to the phragmites to prevent run-off and any disturbance to the wetlands. 3. Vote of Board: Ayes: All - Resolution adopted. 4. Bridge on Grand Ave., Mattituck -Waiver Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Town Trustees WAIVER the need of a Wetland Permit for the removal of the concrete and timber abutments at the Old Grand Ave., Bridge and Mill Road, Mattituck subject to the Trustees review of the final work plan as mandated by the new York State Dept. of Environmental Conservation. 4. Vote of Board: Ayes: All - Resolution adopted. 5. Joseph Henderson - Fishers Island - Determination of jurisdiction. The Trustees determined that they have no jurisdiction in this matter but would recommend that they stay 75' back from the Tidal Wetlands and that snow fence any hay bales be placed to prevent any run off from entering the wetlands. 6. For information: Highway Dept. will be starting work on the boat ramps as per the Clerk's conversation with Mr. King. A letter will be forwarded to Mr. King regarding the catch basins at Founders Landing. 7. From Valerie Scopaz, Town Planner regarding aerial photography interpretation course. The Trustees will advise Valerie Scopaz of their attendances Matt-A-Mar Marina Moved byTrustee Bredemeyer seconded by Trustee Smith it was RESOLVED that the Town Trustees approve the addition of 4 floats for Matt-A-Mar Marina subject to an approved Marine Pump out by next year and subject to the C & R's of no further expansion from the lift well to the South. The covenants are to be reviewed by the Town Attorney. Vote of Board: Ayes: All - Resolution adopted. ~Board of Trustees - July 21, 1988 - Page 9. JOAN AND JOHN T. WETZEL - APPROVAL - 627 Moved by Trustee Krupski seconded by Trustee Bednoski WHEREAS, Joan and John T. Wetzel applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 13, 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 July 21, 1988 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 detezmined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, TREREFORE BE IT RESOLVED that Joan and John Wetzel BE AND HEREBYARE GRANTED PERMISSION UNDER THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a 3' x 12' float on property located at 4635 Pequash Ave., Cutchogue. This permit will expire two years from the date it is signed if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said pezmit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as the name insured. 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. Vote of Board: Ayes: Ail - Resolution adopted. Board of Trustees - July 21, 1988 - Page iD. J.M~O. CONSULTING ON BEHALF OF WILHELM FRANKEN - APPL. NO. 618 - APPROVAL Moved by Trustee Krupski s~conded by Trustee Bednoski WHEREAS, J.M.O. Consulting on behalf of Wilhelm Franken applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 1, 1988 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and rec6mmendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 21, 1988 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 ~his application, and wHEREAS, the Board has determined that the project as proposed will not a~fect 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 WILHELM FRAN~ BE AND HEREBY' IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Maintenance dredge 300 cu. yds. in ~ull Pond, Greenport. This permit will expire two years from the date it is signed if work has' not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of ~he work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town a~ the name insured. 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. Vote of Board: Ayes: All - Resolution adopted. Board of Trustees - July 21, 1988 - Page 11. J.M.O. CONSULTING ON BEHALF OF ALEXANDER WILLIAMS APPLICATION NO. 630 APPROVAL - Moved by Trustee Krupski seconded by Trustee Bednoski WHEREAS, J.M.O. Consulting on behalf of Alexander Williams applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 1, 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 July 21, 1988 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, THEt%EFORE BE IT RESOLVED that J.M.O. Consulting on behalf of Alexander Williams BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a 4' x 10' platform, 30' x 16' ramp and a 6' x 20' float in Stillwater Lake, property is located at Cedar Point Drive East, Southold. This permit is approved with the provision that the 4' x 1-0' platform is amended to a 3' x 10' structure to be constructed parallel to the ramp. This permit will expire two years from the date it is signed if work has not commenced by said date. There are two inspections reqUired and the TrUstees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with bhe Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as the name insured. 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. Vote of Board: Ayes: All Resolution adopted. Boar~l of Trustees - July 21, 1988 - Page 12. 1. DAVID MERZ - NEGATIVE ENVIRONME--lqTAL ASSESSMENT APPLICATION NO. 634 Moved by Trustee Bredemeyer seconded by Trustee Bednoski the following assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: Ju4~ 21, 1988 APPLICATION NO.: 634 - D.E.C. No. 10-88-0935 NA~E: En-Censultants, Inc. on behalf of David Merz This notice is issued pursuant to the provisions of 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: Unlisted DESCRIPTION OF ACTION: To construct a 150 lin. ft. stone revetment (50-100 lb.) generally above SHW and extending from the top of bank seaward 6'. Construct an open wood deck on s/s of existing house. Maximum dimensions of deck will be 43'-6" x 16'-6". LOCATION: Robinson Road, Greenport - 1000-34-5-13 REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Subject to final review by the Conservation Advisory Council for comments. 1. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. ~ Bo~d of Trustees - July 21, 1988 - Page 13. 2. EN- CONSULTANTS, INC. ON BEHALF OF JOHN GUTLEBER - NEGATIVE ENVIRONMENTAL ASSESSMENT - APPLICATION NO. 635 Moved by Trustee Kujawski seconded by Trustee Smith the following assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON T~E ENVIRONMEbFf Date: Juzly 21, 1988 APPLICATION NO.: 635 - DEC No. 10-88-0935 NAME: En-Consultants, Inc. on behalf of John Gutleber This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6~/CRR 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: Unlisted DESCRIPTION OF ACTION: To construct a 3' x 14' stairway from the top of bank to the dock consisting of a 4' x 40' fixed elevated (4' above the grade of the marsh) walk; 3' x 14' hinged ramp; 8' x 28' float secured by (2) 8" diameter pilings. LOCATION: 1325 Lupton Point, Mattituck - 1000-115-11-9 REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there Would be no adverse effect to the environment should the project be implemented as planned. 2. The Southold Town Conservation Advisory Council recommended approval of the project as proposed. 2. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. , Boar~d of Trustees - July 21, 1988 - Page 14. 3. Lambert Javelera - Tabled Moved by Trustee Kuj awski seconded by Trustee Krupski it was Resolved to Table the Application of Lambert Javelera. Vote of Board: Ayes: All 4. ANDREW & BERNICE LETTIERI - NEGATIVE ENVIRONMENTAL ASSESSMENT - APPLICATION NO. 636 Moved by Trustee Kujawski seconded by Trustee Krupski the following negative environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: JuiCy 21, 1988 APPLICATION NO.: 636 NA~IE: Andrew & Bernice Lettieri This notice is issued pursuant to the provisions of 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: Unlisted DESCRIPTION OF ACTION: To construct an elevated catwalk (5' x 15' and a 6' x 5') section over the fringe marsh and to install an offshore mooring pipe. LOCATION: Pleasant Inlet, - 1200 Cedar Point Drive East, Southold. REASONS SUPPORTING THIS DETER~4INATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Town Trustees - July 21, 1988 - Page 15. 5. Moved by Trustee Bredemeyer seconded by _Trustee Krupski it was RESOLVED that the Town Trustees RESCIND the Significant Environmental Declaration declared on the application of the Gardiners Bay Estates Assoc. based on the mitigation measures taken regarding the application and subsequent inspections by the Board. 5. Vote of Board: Ayes: All - l~esolution adopted. 5a, Moved by Trustee Bredemeyer seconded by Trustee Krupski the following environmental declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: Ju~y 21, 1988 APPLICATION NO.: 532 NAME: Lawrence J. Matzen for the Gardiners Bay Estates Homeowners Association, Inc. This notice is issued pursuant to the provisions of 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: Unlisted DESCRIPTION OF ACTION: TO maintenance dredge an existing boat channel, to fill, and to construct an environmental bulkhead. LOCATION: 1000-31-6-9 and 1000-37-4-18 Spring Pond, East Marion. CONDITIONS: A licensed survey showing the marsh fringe and the environmental bulkhead and catwalk will have to be submitted. REASONS SUPPORTING THIS DETERMINATION: 1. An on-site inspection has been conducted by the Board of Trustees. 2. An environmental assessment form has been submitted by the applicant and reviewed and completed by the Board of Trustees. 3. Prior approvals for maintenance dredging and filling have been issued for this site. 4. The application for the bulkhead has been mitigated to reflect an environmental bulkhead after several on-site inspections and discussion with the applicant. 5a.Vote of Board: Ayes: All - Resolution adopted. Board of Trustees - July 21, 1988 - Page 16. Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Trustee meeting be and hereby is adjourned at 9:05 P.M., there being no further business to come properly before the Board. Vote of Board: Ayes: Ail - Resolution adopted. Clerk to Board of Town Trustees PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF JOAN & JOHN T. WETZEL Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHO~, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF THE APPLICATION OF JOAN AND JOHN T. WETZEL TO CONSTRUCT A 3' x 12f FLOATING DOCK. PROPERTY IS LOCATED AT 4635 PEQUASH AVENUE, CUTCHOGUE. Trustee Kujawski: This application has been altered and changed and visited and revisited a few times. The D.E.C. is not going to have any jurisdiction, they have already indicated, with this application. They have no interest in it. The C.A.C. was not really happy with it, but I think John we had a discussion on this. John Holzapfel, C.A.C.: Right, it was more because of the crowding and everything else. The offshore pole, I think that they wanted to put out would have been in the narrow part. Trustee Kujawski: I was just going to say that I relocated this to be parallel to the neighbors dock so it should not impede navigation and we will stipulate that there will be no docking or disturbance to the spartina. Trustee Krupski: I did have a complaint ~hout the neighbors dock that it was put in a different configuration. Kent did you ever look at that? Kent McCarthy: I don't know what it was originally. Trustee Smith: I think that the original complaint was that they didn't have enough water. Trustee Krupski: No, I'm talking about the neighbor's dock. The next one East. It was a different configuration. -2- Trustee Kujawski: It it a strange situation, because you have all these pie shaped properties that are in there. Trustee Krupski: It was originally a "T" and now they put the float straight out. Trustee Kujawski: If it was a "T" there would be no other docks there. This guy Wetzel would not be able to put a dock there. So I'm glad that he did that, right. Trustee Krupski: I guess. Trustee Kujawski: So, okay, now, does anyone else have any other comments? No response. Then will someone make a motion to close this hearing? Trustee Krupski: I move to close this hearing. Trustee Bednoski: Second. Vote of Board: Ayes: Ail - Hearing Closed. Ilene Pfifferling, Clerk PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF WILHEL~ FRANKEN Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling NOTICE IS HE~RBY 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, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF WILHELM FRANKEN AS AMENDED TO DREDGE AN AREA 48' X 68' AND TO TRUCK THE SPOIL TO AN UPLAND SITE. PROPERTY IS LOCATED AT 965 OSPREY NEST ROAD, GREENPORT. Trustee Kujawski: The D.E.C. and the C.A.C. had no problems with this application that I can see. Does anyone have any comments, in the audience, for or against it? No response. On the Board? No response. Then I will move to close this hearing. Trustee Bednoski: I'll second that. Vote of Board: Ayes: Ail Ilene Pfifferling, Clerk J.M.O. PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF CONSULTING ON BEHALF OF ALEXANDER WILLIAMS Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling 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, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF ALEXANDER WILLIAMS TO CONSTRUCT A 4' x 10' PLATFORM A 30" x 16' RAMP AND A 6' x 20' FLOAT ON PROPERTY LOCATED ON CEDAR POINT DRIVE EAST, SOUTHOLD. Trustee Kujawski: The C.A.C. approved of this application but the D.E.C. had a problem with the 4' x 10' platform which is on land. They did not approve of it. Trustee Krupski: What did they think would be appropriate? Trustee Kujawski: They didn't say. I think a three foot wide catwalk. Trustee Bredemeyer: A 3' x 10' catwalk? Do you want a 4' x 10'? Trustee Kujawski: 4' x 10' they didn't like. Trustee Krupski: That was a "T'~ right. Trustee Kujawski: Yes, that was a "T" on land. Glenn Just, J.M.O. Consulting: I contacted the D.E.C. on that. They have asked that we go straight out instead of the "T" because if you put in the "T" under the rules and regulations it is a deck not a dock. Trustee Kujawski: That's okay with the applicant? Glenn Just: Yes. Trustee Bredemeyer: If they slid it over it would be an "L". Trustee Kujawski: I guess we will amend the application? Just change the application, okay. Are there any other co.,~ents? No response. I will close this hearing. Ilene Pfifferling, Clerk PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF JOSEPH SPITALIERE Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling 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, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF JOSEPH SPITALIERE TO CONSTRUCT A SINGLE FAMILY RESIDF~CE, SANITARY SYSTEM, GRAVEL DRIVEWAY AND DECKING. PROPERTY IS LOCATED ON A PRIVATE R.O.W. OFF CEDAR POINT DRIVE, SOUTHOLD. THIS IS FOR TWO PARCELS - 1000-090-4-19 and 1000-090-4-14. Trustee Kujawski: The C.A.C. and the D.E.C. have a lot of concerns about these applications and the locations. Dry wells and wells, septic systems and so on. Would anyone like to speak in terms of either for or against these applications? Glenn, have you had any recent conversations with the D.E.C.? Glenn Just, J.M.O. Consulting: They are both broken down as you know, two separate applications. One application that Dennis Cole is handling, he has reserved any decision that was his Notice of Complete Application. The other one which is being handled by Joe Hall, did mention a dry well problem. Wells for the project will be located out on the Main Road near the General Wayne Inn we will pump the water in. We can meet the sanitary setbacks, it is a matter of a variance, the distances, for the house and decks. That is what we are applying for, a variance, with the D.E.C. and now it is a matter of back and forth, it will be give and take and vice versa. According to the inspection report from Chuck Hamilton's unit, my wetland line had a five foot difference from their line. I totally disagree with that. It is a transition zone. Trustee Bredemeyer: What were the size of the lots, Mr. Just? Glenn Just: I would have to look? Trustee Bredemeyer: Was that the reason that they were going to go to a review under Tidal Wetlands? Glenn Just: No, they were single and separate lots. Trustee Bredemeyer: Oh, just the fact that we had two names? Glenn Just: No, we requested a variance for the setbacks. Trustee Bredemeyer: Oh, a setback variance as opposed to a area variance by the D.E.C.. Trustee Kujawski: What about the other lots that are in there. Are these part of the future plans, will they be coming in? Glenn Just: The other thing is that the D.E.C. is allowed to grant these variances, it is not going to be put out as a hardship. There are two different types of variances, a hardship and a normal variance. The average setback in the area is well less than 75', we checked with aerials and photographs, and tidal wetlands maps. Like I said earlier, the adjacent lots are completely different. Trustee Smith: The lot where the dock is gone, is that owned by an Association or by him? Trustee Bredemeyer: They are two single and separate lots that we walked through. John Holzapfel, CAC: The wells that you mentioned, where are they going to be placed? Glenn Just: They are going to be located as you come in, that little road by.the General Wayne Inn. John Holzapfel, CAC: Will that provide wells for all of those houses in the area? Glenn Just: For the two proposed homes, one house that is already there, there is an offer for water and for one coming down, this will alleviate and problems with well heads and sanitary systems. John Holzapfel, C.A.C.: Are you going to be able to tie to that? Glenn Just: Legally, I think the way to answer that is who ever buys the property the line is there. If they are willing to pay the freight? Mr. Spitaliere is paying for the lines that are there. Trustee Bredemeyer: Separate lines as opposed to a community water supply so that you don't have all of the encumbrances. John Holzapfel, C.A.C.: I just found this out this afternoon. I was doing some research on this property. I found out that the same person owns those five or six pieces of property. I don't know if you know that or don't know that. It is a question and I just happened to ask the Attorney. What our concern is, you are doing this property, you skipped a property, and you are doing this one. Those two by themselves may be okay, but when you put the other four or five in the cumulative affect may be more than the Trustees might be interested in seeing going on. What I'm getting to is the next line. In talking with the Town Attorney he said that those properties are owned by the same person all revert back to one piece of property. He said that they will have to go back to the Zoning Board to be rezoned. Glenn Just: We have contacted the ZBA. John Holzapfel, C.A.C.: I'm just saying what he told me. Trustee Bredemeyer: This is in fact, correct.. John Holzapfel, C.A.C.: If it wasn't checker board... Trustee Bredemeyer: If it wasn't checker board and if it were different ownership then it would revert back to the Zoning Board. John Holzapfel, C.A.C.: The normal checker boarding is done by most Attorneys in other words you get one piece, the wife gets the other piece next to it, the kid gets the piece next to that. That is so you have separate ownerships. If you don't have that the town must legally treat it as one piece of property. Glenn Just: Mr. Spitaliere's purchase of the property is subject to the the permits. Trustee Bredemeyer: Are you saying that the prior owner alternated with owner and wife? Mr. Spitaliere: Ail the information, deeds, etc. have been given to the planning dept. John Holzapfel, C.A.C.: So each piece had a different name on it. Mr. Spitaliere: Yes. John Holzapfel: I just looked quickly at the last names this morning. I wasn't paying to much attention. That is why I asked. We look at it and we see at not as one individual, but as five or six pieces on less than a half acre to be built on. A portion of the property is wetlands. They are very small pieces. They are being built within 30 or 35 ft. of the wetlands. That is a real consideration when you add that all together and I think that it has to work that way. Trustee Kujawski: You have given me the impression that the D.E.C is not going to do anything until the Town acts on this? Glenn Just: On the one the Mr. Cole is handling. Trustee Kujawski: I think that this has to be straightened out. Number one, we took the lead on this. Our rules are that we want input, decisions from the other agencies that we are coordinating with then we will make our decision. I don't see environmentally any difference between the two. Trustee Bredemeyer: We have met the requirements of a coordinated review by virtue of notifying the D.E.C. they know we are here we know that they are there. We can sit on it until they render a decision. Glenn Just: I know that you are coordinating this, I know how it works. Trustee Bredemeyer: Well the way it is suppose to work. Glenn Just: The shape that the D.E.C. is in right now, we are lucky that there is a letter a month. Trustee Kujawski: They have been pretty goodabout this stuff. I know, maybe we can, I would first of all like to recess this hearing unless someone from the public has something they would like to say this evening. Trustee Bednoski: When we measured it off we thought that it WaS .... Trustee Kujawski: When we measured it off we measured it from tidal, not from the wetland grasses. Robert Moss: I live across Sandpiper Basin and I have had a place for about 16 years. I don't know where this is proposed, but I know that low shore area is subject to flooding at unusually high tides. There is a fair portion of that land that is under water in storms. I don't know what the rules are in approving things, but I would say that it is marginal land. Trustee Kujawski: This seems to be, my own personal opinion, that the location was upland in the woods. Mr. Moss: I would not see any problem with that. Trustee Bredemeyer: It was all flagged and part of the protected zone. Glenn Just: I pretty much did a vegetated line. John Holzapfel, C.A.C.: The deck that they want to put on, I think that there are a few high marsh plants right on the corner where the deck is proposed. It was off by itself, but it is a high marsh indicator. Glenn Just: There was some Baccharis there. John Holzapfel, C.A.C.: It was off by itself, but it is a high marsh indicator. Glenn Just: Again, Baccharis I can show you growing along Sound Avenue. John Holzapfel, C.A.C.: I understand, but I want it to be clear that it is growing on the corner of where they want to put the deck. I want everyone to be aware of that. Trustee Bredemeyer: We saw those Baccharis when we were out there. Trustee Kujawski: I will move that we recess these hearings. Trustee Bredemeyer: Could we have something for the file with respect to the decision rendered by another Board on single and separate ownership, it might clarify the question before it comes up for a final vote. Perhaps what was rendered by the Planning Board? It might be easier to get a copy of that letter or what was written by the Planning Board, whoever, Building Dept.. Trustee Kujawski: Is there a second to that motion. Trustee Smith: Second. Vote of Board: Ayes: Ail Ilene Pfifferling, Clerk PUBLIC HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF STEPHEN GOTTLIEB Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling 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, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF STEPHRN ~OTTLIEB TO CONSTRUCT A 4' x 600' TIMBER CATWALK, WHICH SHALL BE ELEVATED A MINIMUM OF 4' OVER THE EXISTING VEGETATION. THE PROPERTY IS LOCATED ON ROBINSON ROAD, SOUTHOLD. Trustee Kujawski: Just for information, I think that Henry Smith is going to add some infozmation to this application, but the C.A.C. has approved of it. We have attempted to contact Dr. Panek of the D.E.C. who has been assigned the review of this application. Glenn Just: I don't understand how Mr. Panek can be involved in this project. It is Bureau of Marine Habitat Protection business, Article 25, Tidal Wetlands. There is some Freshwater Wetlands to the west and I think that the distance meets the 75' setback. I had not heard anything from Mart¥ Shea nor Frank Panek at all. Trustee Kujawski: This is all we have in our file. This was a telephone conversation. Glenn Just: They have contacted you? They haven't contacted me? Trustee Bredemeyer: Did Hamilton's Unit see some of the orchards? Glenn Just: This is why I refuse to object to the dock and walkway to the west, because then we would be in a fresh marsh. Trustee Smith: Someone brought to may attention, that they are going to have a right of way, I believe that it is adjacent to Mr. Gottlieb's. Glenn Just: Is it where the new house is going? Trustee Smith: No, I believe that it is to the south or east, towards the boat basin. They were going to put in a foot path. If it were on high ground there would not be any wetlands. If that were the case, I don't see any need for this 600 ft. catwalk. I would like to recess this hearing until we can look into this matter, if this is a R.O.W. or ... Glenn Just: Are they going to make a formal application. Trustee Smith: I make a motion that this hearing on Stephen Gottlieb be recessed until our next meeting. Trustee Bredemeyer: I'll second that. Trustees : Ayes: Ail Ilene Pfifferling Clerk PUBLIC HEARING IN THE MATTER OF TEE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF Willard S. Mahood Present were: President Frank A. Kujawski, Jr. Albert J. Krupski, Jr., Vice-President John M. Bredemeyer, III John L. Bednoski, Jr. Henry P. Smith Clerk Ilene Pfifferling NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT T~E SOUT~OLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ONTHURSDAY, JULY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDERTHEPROVISIONS OF THE WETLAND ORDINANCE. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF Williars S. Mahood this hearing was not held.