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HomeMy WebLinkAboutTR-08/25/1988FRANK 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 $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197I TELEPHONE (516) 765-1892 MINUTES AUGUST 25, 1988 WORK SESSION: 4:00 P.M. Present were: President Frank Kujawski, Trustee Bednoski, Trustee Krupski, Clerk Ilene Pfifferling, Town Attorney James A. Schondebare, Trustee Bredemeyer (5:00 P.M.) Absent: Trustee Smith President Kujawski called the work session to order: Glenn Just for Joseph Spitaliere & Notaro: The Trustees discussed these applications with Mr. Just. In regard to Mr. Spitaliere, he will have to submit copies of his DiE.C. permits prior to the Board rendering a decision on this applications. In reference to the application for Mr. & Mrs. Notaro, the Board advised that this would be a significant project and discussed the possibility of having the applicant reduce the scope of the dredging to be done. Mrs. Gottlieb: M_rs. Gottlieb did not appear at the work session. Gazza - Dam Pond Map- The Trustees indicated that they have a problem with this project. Dam Pond is in a C.E.A. Area. Susan Long for Costello Marine: The Trustees discussed the Ostling application with Ms. Long and Mr. Costello. The Board advised that this project would require a wetland permit because the structure is being erected 18" in front of the existing bulkhead. Joseph Policano: The Trustees discussed the clearing requested to be done on the property and advised that as long as there is no bulldozing on the property the Trustees will be willing to give a waiver for the work to be done. The trees are to remain on the , ~oard of Town Trustees - Minutes - August 25, 1988 - Page property, and there is to be no disturbance to the soil. The Trustees suggested planting with Fescue grass. Edwin Dieffenbach for Grathwohl: The Trustees advised that Mr. Dieffenbach stay 20' back from the bank perimeter on the property. Councilwoman Ellen Larsen: She advised the Trustees that they are looking for properties to be included in the Open Space Program. She also spoke about the Master Plan. She advised that the Army Corps was asked to take a look at the tank farm (Carey property) for their input. James McMahon appeared before the Trustees to give an update on the boat ramps. He advised that the shoreline survey has to be done by Jan. 1, 1989. The Board reviewed the letter of Incomplete Application drafted by the Town Attorney. The Trustees will be using this letter in the future. The Trustees reviewed the Budget proposals for 1989. Town Attorney James A. Schondebare was present during the work session to discuss the Edward Deutsch matter. Mr. Schondebare advised the Trustees that in 1983 Mr. Tasker, (prior Town Attorney), rendered an opinion of the law which states: "As I advised the Trustees recently, it is not the duty or function of the Trustees to determine the title or ownership of upland which is the subject of an application to it for a permit to construct facilities, in or on underwater lands within the jurisdiction of the Trustees" it also states "The general rule of law is that when a developer sells lots by reference to a filed subdivision map, upon which is shown and designated a parcel of land as "Community Beach", such a designation would indicate an intention that such parcel was for the use and enjoyment of the lot owners, who were given an easement by implication, to use such parcel for the purpose designated on the subdivision map. Mr. Schondebare also noted paragraphs "s" and "t" in the title report which read as follows: (S) Possible rights of owners of lots on Map of Cedar Beach Park, filed in the Suffolk County Clerk's Office on 12/20/27 as Map No. 90 to use the premises from recreational purposes. This exception will be omitted if a quitclaim deed is obtained from all of the lot owners on the subject map." (T) Require a quitclaim deed from Cedar Beach Park Association Inc., NOTE: By Declaration filed in Liber 4787 cp 72, said Association claimed to be the owner of part of subject premises. Mr. Schondebare did not know how Mr. Deutsch claims title. He would need a quitclaim deed from the Cedar Beach Park Association, Inc. and from all of the 10t owners, which we have no record of in the file. In addition 4o this information the following letter dated July 25, 1988 from Supervisor F. Murphy was submitted to the Trustees which reads as follows: Dear Board of Town Trustees - Minutes - August 25, 1988 - Page 3 Frank: We were somewhat dismayed and surprised to discover that a permit was issued to a Mr. Edward Deutsch to construct a catwalk across the "Community Beach" at Dryads Basin in Cedar Beach. We were under the impression that this matter had been pu~ to rest in 1984 When a similar application was denied by ~he Town ~ru~tees under the advice of the Town Attorney at the time, Mr. TasKer. At the meeting Mr. Tasker advised the Trustees that it appeared that the property in question was formally put aside by the sub-division developers as community property for the use of all Cedar Beach Park residents as per the filed sub-division map. In Mr. Taskers opinion, anyone desiring to construct anything on the property would first have to obtain written permissiOn from all residents of Cedar Beach Park. In addition, there is also some question as to title on this parcel as well ~s associated parcels, some of which are currently being challenged in the courts. With the preceding in mind, the Trustees at the time decided that under those circumstances they could not issue any dock permits for this parcel. We cannot see how az ything has changed in the past four years to warrant a permit at this time. Unfortunately, we were not at the April 1988 meeting as we never expected the matter to re-surface. We normally check the weekly legal notices in the Suffolk Times, but this was a smal one and slipped by. However, even if the Trustees notified adjacent landowners we would not have been notified as we were n~t listed on the application as being adjacent landowners, even though in fact we are. We found out about the application from on~ of our neighbors, Ray Akscin, who was notified by the Army Engineers as he was listed as owning the adjacent property to the east which in fact is ours. Here again, unfortunately, even if we were correctly listed on the application, as the Engineers are the only agency that notify adjacent landowners, town and D.E.C. permits can be obtained without adjacent landowners knowledge simply by applying to the Engineers last. Also, putting a dock on this property may create a host of other problems. As the property was intended for con,,unity use, are all members of the community entitled to use the dock? With marsh right up to the road and no parking facilities this could create hazardous conditions on a narrow winding road. There are also questions of liability and responsible parties. Are all community residents entitled to docks on this parcel? Also, those claiming the property evidently have a development across the street. Will the rest of the lot owners be entitled to docks on this one lot also? Allowing more than one dock on a single lot whether private or public will set a precedent for creating marinas in residential areas and pristine creeks. It would be too easy for anyone to put their waterfront lot in multiple ownership, construct additional docks and rent space. We're not sure this isn't already being done. We are currently contacting the Cedar Beach Association and neighbors who objected at the 1984 meeting to see what can be done about this situation. Perhaps Mr. Deutsch should be advised not to hastily invest in a dock until this matter can be resolved. Your comments or opinions on this matter would be greatly appreciated. We have enclosed a copy of the filed sub-division map showing the "Co~,unity Beach" which was promised to lot purchasers for co~unit¥ use and the 1984 Trustee agenda indicating the referenced application as well as only some of the other documented facts. There are some Board of Town Trustees - Minutes - August 25, 1988 - Page procedures we would like to see the Trustees seriously consider proposing as we feel they would bring problems to the forefront and avoid conflicts after the fact in the future. We would like to suggest: 1. That the Trustees not issue a permit until after the D.E.C. and Army Engineers have issued theirs. This would highlight any problems these agencies encountered. (This apparently was done at times in the past.) 2. That the Trustees notify adjacent landowners to guarantee their opportunity to comment at the hearing. 3. That should an application not be filled out properly, (i.e. not listing the proper adjacent landowners) then the permit process should be repeated. 4. That property for which a permit has been denied be "flagged" so that should a new application be submitted at a later date, the original objections can be considered. Sometimes waiting a few years for things to "quiet down and be forqotten" can be used as a strategy. 5. That one dock be allowed-for a single lot to avoid "Mini-Marinas" being set up in our creeks. We feel that everyone should have the right to put a dock on their property to enjoy the pleasures that our creeks offer, and we feel just as strongly that the town needs marinas to provide these same pleasures to everyone. However, it must be done in such a way as to protect these same pleasures and our creeks. Signed Bob and Diane Gazza. Based on this information, refer to Communication No. 1. (see resolution to rescind permit no. 471 for Edward Deutsch. The Work Session Adjourned at 6:00 P.M. REGULAR MEETING: 7:00 - Call to Order. Present Were: President Frank A. Kujawski, Vice-President Albert Krupski, Jr., Trustee John L. Bednoski, Jr., Trustee John M. Bredemeyer, III, Trustee Henry P. Smith and Ilene Pfifferling~ Clerk to the Trustees. Moved by Trustee Krupski seconded by Trustee Bednoski the following dates were set for September: FIELD INSPECTIONS: Friday, September 23, 1988 - 12:00 P.M., WORK SESSION: Thursday, September 29, 1988 - 6:00 P.M.,REGULAR MEETING: Thursday, September 29, 1988 - 7:00 P.M. Vote of Board: Ayes: All - Resolution adopted. Moved by Trustee Smith seconded by Trustee Kujawski it was Resolved to Approve the September Mooring Renewals. Vote of Board: Ayes: All - Resolution adopted. Approval of the minutes of the July 21, 1988 meeting. The Trustees held this resolution. Board of Town Trustees - Minutes - August 25, 1988 - Page 5 I. REPORT: President Kujawski asked the Clerk to give the report. The report was given as follows: APplication/Waiver fees (8 @ $25.00) $200.00, Wetland Inspection Fees (5 @ $10.00) $50.00, Wetland Application Fees (3 @ $150.00) $450.00, Mooring Renewals $935.00 for a total of $1635.00 collected and forwarded to the Supervisor's Office to be placed in the General Fund. II. PUBLIC NOTICES: Public Notices are published on the Town Clerk's Bulletin Board for review. III. COMMUNICATIONS: From Bob and Diane Gazza regarding Permit No. 471 for Edward Deutsch. Since the Trustees have been made aware that there is a question as to the ownership of the property the following resolution was adopted: (refer to work session information.) Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Town Trustees RESCIND Permits - 3643/471 issued to Edward Deutsch for the construction of a walkway, ramp and floats secured by pilings on property located at Cedar Beach Road, Southold whereas there has been a question raised regarding the ownership of the subject premises. Vote of Board: Ayes: All - Resolution adopted. A copy is to be forwarded to the D.E.C., Army Corps of Engineers and to Mr. Gazza. From Charles C. Watts, Chairman, Board of Assessors regarding the Joseph Spitaliere applications. From Vilma Louise Marston, President, Water, Land, Wildlife Protection Group in reference to Richmond Shores. J J.M.O. Consulting on behalf of Patricia Pierce regarding a letter from the D.E.C. stating that no permit is required from that agency. Marjorie A. Serrell regarding a drainage pipe on the property of Carl Vail. The dry well is no longer hooked up to the drain. From Lawrence J. Matzen, Chairman, Marine Co~aL~ittee regarding the application of the Gardiners Bay Estates Homeowners Association, Inc. The survey was not adequate it will have to show soundings as well as being a stamped licensed survey. From J.M.O. Consulting regarding the application of Frank & Antoinette Notaro. Mitigated plan Board of Town Trustees - Minutes - August 25, 1988 Page 6 submitted. (Incomplete application?) 10. 11. From Vilma Louise Marston, President, Water, Land, Wildlife Protection Group regarding Richmond Creek Farms. From J.M.O. Consulting a copy of correspondence regarding the Notaro application. From Charles T. Hamilton, Chief, Marine Regulatory Section, Bureau of Marine H~hitat Protection, D.E.C. regarding Anthony Leggio. From Paul Carella, D.E.C. regarding the D.B.M. project. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. From George Proios, Executive Director, New York State Legislative Commission on Water Resource Needs of Long Island. From Dimitrios Sariyiannis advising that he co~enced work on property located on Kerwin Blvd. and Bayshore Road, Greenport. From Pieter VanVolkeriburgh, Chief, Bureau of Shellfisheries regarding "Conditional Shellfish Harvesting Programs." The Trustees recolm,end Mattituck and Mill Creeks for this program. Maria Grzesik regarding the location of Permit No. 1114 in Gull Pond. Dept. of Health Services regarding Joseph Spitaliere Lot No. 42. Richard Lark, Esq. on behalf of Linda Wilton to adjourn the meeting scheduled for August 5th. The Trustees will meet with the D.E.C. on August 29, 1988 at 1:30 P.M. to discuss this matter. Kenneth L. Koetzner, Chief, D.E.C. regarding the Environmental Quality Bond Act. From Victor Lessard regarding property of Joseph Henderson, Fishers Island. From Supervisor Francis J. Murphy regarding the Brown Tide Study. John Bredemeyer will pick up the information and bring it to the Highway Dept. so they can put it in the study. From Supervisor Francis J. MurPhy a request for comments regarding the application of Edward Deutsch. From J.M.O. Consulting regarding the application for Board of Town Trustees - Minutes August 25, 1988 - Page 7 23. 24. 25. 26. Southold Shores Boat Basin, Inc.. From Joseph Sanzone, Superintendent, Dept. of Health Services regarding pesticides. From Christopher Connors regarding property on West Drive, Southold. The following letter, received from Mr. James Manos, Attorney, was entered into the record: Frank A. Kujawski, Jr., President, Board of Town Trustees, Town of Southotd, Town Hall, 53095 Main Road, P. O. Box 728, Southold, New York 11971, RE: C. Conners - Wetlands Application No. 543, Dear Mr. Kujawski: Mr. Conners has once again presented erroneous and misleading information to the Trustees! The Violation has not been cleared as alleged by Mr. Conners in his August 8th letter to you. No representative of the D.EoC. has executed the Consent Order preferred to you by Mr. Conners as evidence that "The violation in question has now been cleared " The above was confirmed today in a conversation I had with the D.EoC.'s legal department, who further advised that the D.E.C. still has under consideration and review the terms and conditions of the consent order. It is difficult to comprehend Mr. Conner's resistance to the removal of the fill. At the scoping meeting of October 6, 1987, in response to a direct question posed by Mr. Krupski, the applicant agreed to its removal. Ten months have passed yet he has failed to do so. This is particularly puzzling because almost all of the fill is located on that portion of his parcel which, based on the revised site plan, Mr. Conners will leave in the wetlands state. Thus he would have to remove the fill even if the permit were granted. Very truly yours, James Manos. Dated: August 17, 1988 From James A. Schondebare, Town Attorney regarding Cedar Beach Park. (see work session information.) From the Gardiners Bay Estates Homeowners Association, Inc., information relative to application No. 532. He needs to show soundings on the survey in addition to being a licensed stamped survey. IV. PUBLIC HEARINGS: 7:30 P.M. In the matter of the application of Eh-Consultants, Inc. on behalf of John Gutleber. 7:32 P.M. - In the matter of the application of Eh-Consultants, Inc. on behalf of David Merz. Board of Town Trustees - Minutes - August 25, 1988 - Page $ 7:34 P.M. - In the matter of the application of Andrew & Bernice Lettieri. 7:36 P.M. - To resume the public hearing in the matter of the application of J.M.O. Consulting on behalf of Joseph Spitaliere. 7:38 P.M. - To resume the public hearing in the matter of the application of J.M.O. Consulting on behalf of Joseph Spitaliere. 7:40 P.M. - To resume the hearing in the matter of the application of J.M.O. Consulting on behalf of Stephen Gottlieb. 7:42 P.M. - In the matter of the application of the Gardiners Bay Property Owners Association by Lawrence J. Matzen. (This public hearing was not held.) 7:45 P.M. - Critical Environmental Area for Richmond Creek. Moved by Trustee Smitk seconded byTrustee Krupski WHEREAS, the Southold Town Trustees have held a public hearing pursuant to 617.4 (J) 1 thru 4, of the State Environmental Quality Review Act, and WHEREAS, our public trust and historic role as Patentees is strengthened by the State Environmental Quality Review Act and our ability to protect Environmentally sensitive areas, and WHEREAS, the Southold Town Trustees, Conservation Advisory Council, and Town Board Members have contributed to New York States Significant Coastal Fish and Wildlife Habitat Program highlighting the reasons designating areas of State Significance for Fish and Wildlife in Southold Town, NOW, THEREFORE BE IT KNOWN that the Southold Town Trustees approve, ratify, and confirm Critical Area Designated (CEA) pursuant to the State Environmental Quality Review act (S.E.Q.R.A.) (Part 617.4 (J) 1 - 4 NYCRR, for all Trustee Lands in Richmond Creek, below mean high water or portions of the creek as described in the New York State Department of State Significant Habitats Program and or by County Tax map designation thereto annexed and for all lands 75' landward of mhw on undeveloped land. Such designations shall in no way affect the largely ministerial function of issuing permit or renewal permits for boat moorings on or over town bottom nor affect the usual or ordinary activities of aquaculture, fishing, hunting, navigation, and mariculture provided such activities are lawful and structures installed for said purposes are temporary (less than one year) in nature. The foregoing shall become effective 30 days after filing in the office of the Commissioner of the New York State D.E.C. pursuant to S.E.Q.R.A.. Vote of Board: Ayes: Trustee Krupski, Trustee Bednoski, Trustee Kujawski, Trustee Smith, Trustee Bredemeyer: This resolution was adopted. Approval/Denial of the Wetland/Trustee applications. 1. EN-CONSULTANTS, INC. ON BEHALF OF JO~N GUTLEBER - APPROVAL Board of Town Trustees - Minutes August 25, 1988 - Page 9 Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, En-Consultants, Inc. on behalf of John Gutleber applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the town of Southold, application dated May 18, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 25, 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, THEREFORE BE IT RESOLVED that En-Consultants, Inc. on behalf of John Gutleber be and hereby is granted permission under the provisions of the Wetland Ordinance to construct a 3' x 14' stairway from the top of the bank to a dock consisting of a 4' x 40' fixed elevated (4' above grade of marsh)walk; 3' x 14' hinged ramp; 8' x 28' float secured by (2) 8" diameter pilings. The property is located at 1325 Luptons Point Road, Mattituck. 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 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. Vote of Board: Ayes: All - Resolution adopted. 2. J.MoO. CONSULTING ON BEHALF OF STEPHEN GOTTLIEB - APPROVAL Moved by Trustee Smith seconded byTrustee Krupski WHEREAS, J.M.O. Consulting on behalf of Stephen Gottlieb applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 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 August 25, 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 Board of Town Trustees - Minutes - August 25, 1988 - Page 10 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 Stephen Gottlieb be and hereby is granted permission under the provisions of the Wetland Ordinance to construct a 4' x 600' timber catwalk which shall be elevated a minimum of 4' over the existing vegetation. The property is located at 1325 Luptons Point Road, Mattituck. 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 the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuanu to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as the name insured. Vote of Board: Ayes: All - Resolution adopted. V. NEW APPLICATIONS: 1. In the matter of the application of J.M.O. Consulting on behalf of the Laughing Waters Property Owners Association for a Wetland Permit on certain property located on Minnehaha Blvd., Southold. This is an incomplete application. 2. In the matter of the application of Proper-T Services on behalf of Paul Ferdenzi for a Wetland Permit on certain property located on Cedar Point Road West, Southold. Incomplete application, catwalk to be reduced 3' 3. In the matter of the application of Eh-Consultants, Inc. on behalf of Nicholas Theoharides for a Wetland permit on certain property located at 800 Maple Ave., Southold. This is an incomplete application. The Trustees would like to know: 1. What are the sizes and drafts of the vessels that are to be accommodated at the proposed dock? Please provide more detail to justify the request to dredge to 4' below mlw. 2. Please provide details on the history of channel dredging in this arm of Town Creek. Is the proposed dredging new or can this proposal be called "Maintenance" dredging? 3. Please submit a typical cross-section view of the proposed channel. Does the 10' width include the dredged channel slopes? 4. Will any shellfish beds recognized as being important in Town Creek be disturbed as a result of this activity? If so, to what extent willthe disturbance be, and what plans are there to mitigate any adverse effects? 4. In the matter of the application of Costello Marine Contracting Corp. on behalf of Thomas E. Boyle for a Wetland Permit on certain property located on Leeton Drive, Southold. It was determined that the Trustees have no jurisdiction in this matter. Board of Town Trustees - Minutes August 25, 1988 - Page 11 5. In the matter of the application of Costello Marine Contracting Corp. on behalf of Thomas E. Boyle for a Wetland Permit on certain property located on Leeton Drive, Southold. It was determined that the Trustees have no jurisdiction in this matter. 6. In the matter of the application of Proper-T Services for Robert E. Mitchell for a Wetland Permit on certain property located on Oakwood Drive, Southold. This application is incomplete. Would like to see the ramp reduced 3' in width. 7. In the matter of the application of En-Consultants, Inc. on behalf of Kenneth Rock for a Wetland Permit on certain property located at 1200 Broadwaters Road, Cutchogue. This application is incomplete. 8. In the matter of the application of En-Consultants, Inc. on behalf of Harold Knight for a Wetland Permit on certain property located on Calves Neck Road, Southold. This application is incomplete. 9. In the matter of the application of Eh-COnsultants, Inc. on behalf of Alfred Nadel for a Wetland Peimit on certain property located on Robinson Road, Southold. This application is incomplete. 10. In the matter of the application of Joseph Policano for a Wetland Permit on certain property located on on Inlet View East, Mattituck. MoVed by Trustee Bednoski seconded by Trustee Krupski WHEREAS Joseph Policano applied to the Town Trustees to clear on property located at Harborview & Inlet-View East, Mattituck; property is identified on the Suffolk County Tax Map as 1000-3-10.013, and WHEREAS the Town Trustees have personally viewed and are familiar with the request of the applicant to clear on said property, and WHEREAS, the SoUthold Town Conservation Advisory Council has recommended approval of a waiver as requested, NOW THEREFORE BE IT RESOLVED that the Southold Town Trustees approve the request made by Joseph Policano for a waiver to clear on property within 75' of wetlands, property is located on Harborview & Inlet View East, Mattituck. This approval is subject to the following: 1. Clearing within this area is to be done by hand. 2. There is to be no disturbance to the root system of any trees in this area. 3. There is to be no use of fertilizers in this area. 4. This approval is subject to any other agency or departments approval that may be applicable. Vote of Board: Ayes: All - Resolution adopted. 11. In the matter of En-Consultants, Inc. for Mattituck Inlet Marina to construct an "L" shaped floating dock and to dredge. Property is located on Mill Road, Matti~uck. Incomplete application. Board of Town Trustees - Minutes - August 25, 1988 - Page 12. In the matter of Southold Shores Boat Basin, Inc. by J.M.O. Consulting to enlarge an existing private non-commercial mooring facility to allow for 21 slips by constructing a 385' x 4' float dock. Property is located at the foot of Blue Marlin Drive, Southold. Incomplete application. Incomplete application. 13. In the matter of Port of Egypt Enterprises, Inc. by Peconic Associates, Inc. to erect a 25,440 sq. ft. boat storage building. Property is located on Route 25 Southold. Incomplete application. ' 14. In the matter of Costello Marine Contracting for Linne's Ostling to remove and replace a timber bulkhead within 18" of the existing bulkhead. Application submitted to register existing structure. Property is located on Osprey Nest Road, Greenport. Incomplete application. 15. In the matter of the application of Melrose Marine Service, Inc. on behalf of Harold W. Conroy for the construction of a timber bulkhead Within 18" in front of an existing bulkhead on property located on Lighthouse Lane, Southold. The Trustees, after inspecting this !property determined that an application would be required and therefore would not consider a waiver for the project. This application is incomplete. IV. MOORINGS: 1. Donald Seetb to place an offshore mooring in Mattituck Creek, Mattituck using public access. Moved by Trustee Bredemeyer seconded byTrustee Kujawski it was RESOLVED that the Town Trustees approve the request made by Donald Seeth to place an offshore mooring in Mattituck Creek. Vote of Board: Ayes: All - Resolution adopted. 2. Edward P. Flanagan to place an offshore mooring in Mattituck Creek, Mattituck using public access. Moved by Trustee KujawSki seconded by Trustee Smith it was RESOLVED that the Town Trustees TABLE the application of Edward P. Flanagan to place an offshore mooring in Mattituck Creek, pending additional information as requested. Vote of Board: Ayes: Ail - Resolution adopted. 3. Donald J. Stanton to place an offshore mooring in Town Creek, Southold. Moved by Trustee Smithseconded by Trustee Krupski it was RESOLVED that the Town Trustees Approve the request made by Donald J. Stanton to place an offshore mooring in Town Creek subject to Trustee Smith securing the location for the boat. Vote of Board: Ayes: All - Resolution adopted. VII. ASSESSMENTS: Board of Town Trustees - Minutes - August 25, 1988 - Page 13 Negative/Significant - 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 may not have a Significant effect to the environment. 1. J.M.O. Consulting on behalf of Willard S. Mahood, Fishers Island. S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: August 25, 1988 APPLICATION NO.: 613 NAME: JoM.O. CONSULTING ON BEHALF OF WILLARD S. MAHOOD This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law, State Environmental Quality Review and NYCRR 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 single family dwelling with an associated sanitary system, decking, lawn and to grade the area adjacent to the proposed dwelling as per the supplied plans. LOCATION: Crescent Avenue, Fishers Island 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. Vote of BOard: Ayes: Ail - Resolution Adopted. Board of Town Trustees - Minutes - August 25, 1988 - Page 14 2. J.M.O. Consulting on behalf of Lambert Javelera, Fishers Island. Moved by Trustee Kujawski seconded by Trustee Krupski it was RESOLVED to TABLE the application of J.M.O. Consulting on behalf of Lambert Javelera pending a topographical map of the subject property. Vote of Board: Ayes: All - Resolution adopted. 3. J.M.O. Consulting on behalf of Frank and Antoinette Notaro, Calves Neck Road, Southold. Moved by Trustee Kujawski seconded by Trustee Krupski it was RESOLVED that the Town Trustees T~ble the application of Frank & Antoinette Notaro pending a new plan for the work to be done, in addition to furnishing answers to the following questions: 1. Sizes and drafts of the vessels that are to be accommodated at the proposed dock? Please provide more detail to justify the request to dredge to 4' below mlw. 2. Will any shellfish beds recognized as being important in Town Creek be disturbed as a result of this activity? If so, to what extent will the disturbance be, and what plans are there to mitigate any adverse effects. 3. The proposed vessel is to large for the area. 4. Submission of a mitigated plan of the work to be done as discussed by the Board with the agent and the landowner. Vote of Board: Ayes: All - Resolution adopted. VIII. AMENDMENTS: 1. J.M.O. Consulting on behalf of the Cedar Beach Park Association, Inc. to amend application no. 621 to dredge a 520' x 12' area to a depth of 3' at mlw, and 346 cu. yds. of sand is proposed to be dredged and trucked to the Southold Town Landfill for disposal. Moved by Trustee Krupski seconded by Trustee Bednoski it was RESOLVED that the Town Trustees RESCIND the Significant Environmental Declaration declared on the application submitted by J.M.O. Consulting on behalf of the Cedar Beach Park Association whereas the dredging has been reduced and the remaining dredging is for several property owners. Vote of Board: Ayes: All - Resolution adopted. Moved by Trustee Krupski seconded by Trustee Bednoski the following negative environmental declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: August 25, 1988 APPLICATION NO.: 621 NAME: J.M.O. Consulting on behalf of the Cedar Beach Park Association Board of Town Trustees Minutes - August 25, 1988 - Page 15 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 fQr the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To dredge a 520' x 12' area to a depth of 3' at mlw. Approximately 346 cu. yds. of sand is proposed to be dredged and trucked to the Town Landfill for disposal. LOCATION: 255 Lakeside Drive, Southold, New York 11971 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 theapplioant and reviewed and completed by the Board. 3. The scope of the original dredging project has been reduced by the applicant. 4. The remaining dredging is for several property owners. Vote of Board: Ayes: All - Resolution Adopted. 2. Cindy Benedetto requesting to amend permit No. 235 to reflect a 32' x 4' dock. Property is located at 6430 Fleetwood Road, Cutchogue. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that Cindy Benedetto be and hereby is granted permission to amend permit No. 235 to reflect a 32' x 4' dock on property located at 6430 Fleetwood Road, Cutchogue. This was determined after an on-site inspection was conducted, and Whereas the project will not adversely affect the wetlands of the Town nor otherwise adversely affect the health, safety and general welfare of the people of the town. Vote of Board: Ayes: All - Resolution adopted. 3. Jeffrey D. Forchelli, Attorney on behalf of Stanley Chase to register a dock on property located on Beebe Drive Extension, Cutchogue. Moved by Trustee Krupski seconded by Trustee Bednoski it was RESOLVED that the Town Trustees Approve the request made by Jeffrey D. Forchelli, Esq. on behalf of Stanley Chase to register a floating dock 8' x 4" x 11' 10" with a ramp 10' x 2' and four pilings on property located on Beebe Drive Extension Cutchogue, whereas an on site inspection was conducted and this structure will not adversely affect the wetlands of the town. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Town Trustees - Minutes - August 25, 1988 - Page 16- 4. Mary DeMartino requesting an extension on permit No. 302 for the rip rap. Mrs. DeMartino advised the house construction commenced. It was determined that whereas work commenced on the project described in the permit that no additional extension will be necessary as long as the work is done prior to December 1989 as requested. 5. Thomas J. Ball, Beixedon Estates Road Committee Member to amend permit No. 469 to construct a 33' bulkhead extending easterly from a previously approved bulkhead of Freedman, Ilibassi and Ball. Property is located on ~rshamomaque Ave., Southold. Whereas, Mary E. Travers, President, Board of Directors for the Beixedon Estates Association, Inc. requested to amend permit No. 469 to construct a 33' bulkhead extending eastward from the previously approved bulkhead of Freedman, Ilibassi & Ball to construct a 10+/- return and to install a set of detachable stairs on property located at the foot of Arshamomaque Ave., Southotd, WHEREAS, the Department of Environmental Conservation has approved an amendment of the work proposed, and WHEREAS, the project will not adversely affect the wetlands of the Town nor otherwise adversely affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that the Southold Town Trustees approve the request made by Mary E. Travers on behalf of the Beixedon Estates Property Owners to amend Permit No. 469 to construct a 33' bulkhead with a 10+/- return, and to install detachable stairs on property located at the foot of Arshamomaque Ave., Southold, WHEREAS, the Trustees conducted an on-site inspection of the property in question, and WHEREAS, the Department of Environmental Conservation has approved an amendment of the work proposed, and WHEREAS, the project will not adversely affect the wetlands of the Town nor otherwise adversely affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that the Southold Town Trustees Approve the request made by Mary E. Travers on behalf of the Beixedon Estates Property Owners to amend Permit No. 469 to construct a 33' bulkhead with a 10+/- return, and to install detachable stairs on property located at the foot of Arshamomaque Ave., Southold subject to the following conditions: 1. Dry wells are to be installed to contain run off on the landward side of the structure. Plan for a 2" rainfall. 2. This determination is subject to any other approval or permits that may be applicable to this project. 3. It is noted that Mr. & Mrs. Ball are in agreement to this amendment of this application. Vote of Board: Ayes: All Resolution adopted. 7. Lawrence W. Currie requesting to amend his permit No. 3670 to reflect 90 lin. ft. of bulkhead. Property is located at 8515 Soundview Ave., Southold. Moved byTrustee Smith seconded by Trustee Bredemeyer it was Board of Town Trustees - Minutes - August 25, 1988 - Page 17 RESOLVED that the Town Trustees Approve the request made by Lawrence W. Currie on behalf of Lawrence W. Currie, Jr. to amend permit No. 3670 to reflect a 90 ft. bulkhead on property located at 8515 Soundview Ave., Southold subject to Trustee Smith measuring the structure. Vote of Board: Ayes: All - Resolution adopted. IX. WAIVERS: 1. Daniel C. Ross, Attorney for Anthony Gambino for a waiver to construct two dry wells on property located at Lupton's Point, Mattituck. Moved by Trustee Kujawski seconded by Trustee Krupski WHEREAS, the Southold Town Trustees personally viewed and are familiar with the premises of Anthony Gambino, and WHEREAS, the Board has carefully considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the East end of Lupton Point Road, Mattituck fronting on Deep Hole Creek. 2. The property is identified on the Suffolk County Tax Map as District 1000, Section 115, Block 11, Lot 10. 3. In consideration of this request, the Board finds: (a) The project will not adversely affect the wetlands of the Town. (b) The project will not weaken or undermine the lateral support of other lands in the vicinity, NOW THEREFORE BE IT RESOLVED to GRANT a WAIVER of the Wetland Ordinance in accordance with Article II, 97-20 (B), in the matter of Daniel C. Ross on behalf of Anthony Gambino to install two 4' (high) by 8" (wide) dry wells on his property located on Lupton's Point, Mattituck. Vote of Board: Ayes: All This resolution was declared duly adopted. 2. John J. Gutleber for a waiver to construct a gazebo on property located on Lupton Point Road, Mattituck. Moved by Ku~w~ki~eco~ded are~Y WHEREAS, the Southold Town Trustees personally viewed and familiar with the premises of John J. Gutleber, and WHEREAS, the Board has carefully considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at 1325 Lupton Point Road, Mattituck, fronting on Deep Hole Creek. 2. The property id identified on the Suffolk County Tax Map as District 1000, Section !!5~B16cki.~%l, ~o~ 9. 3. In consideration of this request, the Board finds: (a) The project will not adversely affect the wetlands of the Town. (b) The project will not weaken or undermine the lateral support of other lands in the vicinity, NOW THEREFORE BE IT RESOLVED to GRANT a WAIVER of the Wetland Ordinance in accordance with Article II, 97-20 (B), in the matter of John J. Gutleber to install A redwood gazebo on property located at 1325 Luptons Point Road, Mattituck. Vote of Board: Ayes: All - Resolution Adopted. Board of Town Trustees - Minutes - August 25, 1988 - Pagel8 4. P. Edwin Dieffenbach on behalf of James F. Grathwohl to clear property for the future construction of a single family residence. Property is located on Williamsberg Road, Southold. Moved by Trustee Bednoski seconded by Trustee Krupski WHEREAS, P.E. Dieffenbach on behalf of James F. Grathwohl requested to clear on property located on Williamsberg Road, Southold by removing dead trees, brush and debris from said property, and WHEREAS, an on-site inspection was conducted by the Trustees, and WHEREAS, the project proposed will not adversely affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that the Town Trustees Approve a Waiver as requested by P.E. Dieffenbach to clear on property located on Williamsberg Road, Southold as requested subject to the following provisions: 1. No clearing will occur within 20' of the Easterly & Southerly embankments fronting on Corey Creek. 2. Approval is subject to any other agency or department approval as may be applicable to this project. Vote of Board: Ayes: All - Resolution adopted. 5. Wilbur Klatsky for the Cove at Southold requesting a waiver to construct a deck and Gazebo behind a bulkhead. Property is located on Main Bayview Road, Southold. Moved by Trustee Bredemeyer seconded by Trustee Bednoski WHEREAS, Wilbur Klatsky, on behalf of the Cove at Southold, applied for a Waiver to construct a promenade, walkway and gazebo behind an existing bulkhead, and WHEREAS, the Town Trustees conducted an on-site inspection of the subject property, and WHEREAS, the project will not adversely affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED that the Town Trustees approve the Waiver as requested by Wilbur Klatsky, on behalf of the cove at Southold, to construct a promenade, walkway and gazebo behind an existing bulkhead on property located on the North side of Main Bayview Road, Southold subject to the following: 1. This approval is subject to any other agency or department approval which may be applicable to this project. 2. The deck area is to be protected as to prevent any despoliation or destruction to the waterway. Vote of Board: Ayes: All - Resolution adopted. 6. En-Consultants, Inc. for Ceclia Kempler requesting a waiver to construct timber decks, steps and retract~hle stairway from the top of the bluff to the beach. Property is located on a r.o.wo off of Indian Neck Lane, Peconic. Moved by Trustee Krupski seconded by Trustee Bednoski WHEREAS Eh-COnsultants, Inc. on behalf of Ceclia Kempler applied to the Trustees to construct (2) timber decks, 6' x 8' and 10' x 10' plus 4' wide steps and detachable stairway from the top of the bluff to the beach, and WHEREAS, the Town Trustees conducted an on-site inspection of the property, and Board of Town Trustees - Minutes - August 25, 1988 - Page 19 WHEREAS, the Board determined that the project as proposed will not adversely affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that the Town Trustees approve a waiver as requested by En-Consultants, Inc. on behalf of Ceclia Kempler to construct (2) timber decks, 6' x 8' and 10' x 10' plus 4' wide steps and detachable stairway from the top of the bluff to the beach. Property is located on a r.o.w, off of Indian Neck Lane, Peconic. Vote of Board: Ayes: All - Resolution adopted. 7. Harold Wilsberg requesting a waiver to construct a 5' x 100 ft. boardwalk behind a bulkhead. Property is located on Ole Jule Lane, Mattituck. Moved by Trustee Bednoski seconded by Trustee Krupski WHEREAS, Harold Wilsberg applied to the Trustees for a Waiver of the Wetland Ordinance for the Construction of a 5' x 100' boardwalk, and WHEREAS, the Town Trustees inspected the subject property on August 18, 1988, and WHEREAS, it was determined that the project proposed will not affect the health, safety and general welfare of the people of the Town, and WHEREAS, the proposed structure is landward of an existing bulkhead on the s~bject property, NOW, THEREFORE BE IT RESOLVED that Harold Wilsberg be granted a Waiver of the Wetland Ordinance in accordance with Article II, 97-20 (B) for the construction of a 5' x 100' boardwalk on property located on Ole Jule Lane, Mattituck; more particularlydescribed on the Suffolk County Tax map as 1000-122.00-04.00-D29.00 and subject to any other approvals that may be applicable to this project. Vote of Board: Ayes: All Resolution adopted. 8. Gus Trataros, 15098 Main Road, East Marion. Requesting a Waiver to clear and scrape existing lawn area and to re-sod and install a drywell if required. Moved by Trustee Kujawski seconded by Trustee Krupski WHEREAS, Briarcliff Landscape, Inc. on behalf of Gus Trataros applied to the Trustees to scrape and clear the existing lawn area and re-sod; build a decorative berm and regrade to swale run-off away from the shoreline and to install a dry well, and WHEREAS, the Trustees inspected the subject property NOW THEREFORE BE IT RESOLVED that the Southold Town Trustees approve the request made by Briarcliff Landscape, Inc. on behalf of Gus Trataros for a Waiver to scrape and clear existing lawn area and re-sod; build a decorative berm and to reqrade to swale run-off sway from the shoreline and to install a dry well on property located at 15098 Main Road, East Marion. Vote of Board: Ayes: All - Resolution adopted. Determination of jurisdiction for: Robert Keith, Willis Creek Drive, Mattituck. After an on-site inspection by the Board of Trustees it was determined that the Board of Town Trustees - Minutes - August 25, 1988 - Page 20 Trustees have jurisdiction in this matter and an application will have to be submitted. Garrett A. Strang, for Richards, Bayview Ave., Mattituck. After an on-site inspection it was determined that this project is out of the Trustees jurisdiction. J.M.O. Consulting for Patricia Pierce, Fishers Island. After an on-site inspection it was determined that this project is out of the Trustees jurisdiCtion. J.M.O. Consulting for Linda F. Wooldridge, Fishers Island. The following letter from John Aldred/Larry Penny, Consultants to Fisher's Island was entered into the record as follows: Dear Mr. Kujawski: The above-referenced parcel was inspected on July 18, 1988, with respect to environmental considerations. The property consists of a relatively uniform mix of wet (mesic) woods' vegetation. Indicators of wetter conditions such as red maple, shad, arrowwood and high bush blueberry with more upland indicators such as oaks, black cherry and northern bayberry. At the rear or northeastern boundary of the property a steep bluff leading to Barlow Pond, A Fisher's Island drinking water reservoir, begins its descent. Wetland vegetation in the form of tupelo (pepperidge) trees, swap azalea and sweetpepper bush range from the edge of the pond up the bluff to its crest. The most landward extent of this wetland vegetation has been flagged with pink ribbon and g~nerally travels along the northeasterly property line. Conditions such as these, with wetland indicator species ranging into the uplands on the border of a deep freshwater glacial pond call attention to shallow and significant subsurface water flow moving towards the body of water. Consequently, in-ground structures such as basements, pools and septic systems should be reviewed in light of this phenomenon, as well as the extent of clearing and use of chemicals such as fertilizers and pesticides. The use of the pond as a source of drinking water for Fisher's Island makes a thorough understanding of potential impacts all the more imperative. To this end we reco~u~end a series of test (observation) wells be placed on the parcel to determine subsurface soil and flow conditions. (The consultants have been asking for such observation wells in parts of East Hampton where the potential impacts from groundwater flow to adjacent surface waters are great in order to better estimate these impacts and mitigate them.) Additionally, the wetland line asftagged should be indicated on a survey to accurately locate it with respect to the proposed construction and associated clearing. It would appear that the proposed impacts from this project on the pond system could be significant and the Board may want to entertain a positive declaration regards SEQRA. Further recoJ,m~endations will be forthcoming once the questions outlined above have been addressed. The Trustees determined that this project is within their jurisdiction. This is an incomplete application. Gilbert Pinkhamdetermination of jurisdiction. The Trustees determined that they have no jurisdiction in this matter. Resolution to close Hallock's Bay for clam planting. Board of Town Trustees Minutes - August 25, 1988 - Page 21 Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that Hallock's Bay, Orient will be closed from September 12, 1988 to October 17, 1988. This closure is for all the underwater lands Northwest of an imaginary line between Eagle Point to Brown's Point, Hallock's Bay. Vote of Board: Ayes: All - resolution adopted. Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that there will be a $25.00 fee charged for inspections for determinations regarding Trustee jurisdiction. Vote of Board: Ayes: All - Resolution adopted. Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED the the Trustees approve the purchase of 200 signs to be given out when an application is submitted to the Trustees for a Wetland Permit. Vote of Board: Ayes: All - Resolution adopted. Moved by Trustee Smith seconded by Trustee Bednoski it was RESOLVED to approve the Proposed Budget for 1989 to be submitted to the Town Board for their review and approval.Vote of Board: Ayes: All - Resolution adopted. There being no further business to come properly before the Board of Trustees a motion was made by Trustee Smith and seconded by Trustee Bredemeyer to adjourn this meeting at 10:15 P.M. Vote of Board: Ayes: All - Resolution adopted. Ilene Pfifferling Clerk to Board of Town Trustees RECEIVED AND /LED BY THE SOUTHOLD TOWN CL~.RK Town Clerk, Town o~ PUBLIC NOTICE IN THE MATTER OF En-Consultants, Inc. on behalf of David Merz August 25, 1988 PRESENT WERE: President Frank A. Kujawski, Jr. Vice President Albert Krupski, Jr. Trustee John L. Bednoski, Jr. Trustee John M. Bredemeyer, III Trustee Henry P. Smith Clerk Ilene Pfifferling Roy L. Haje, En-Consultants on behalf of David Merz NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, AUGUST 25, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. 7:32 P.M. In the matter of the application of Eh-COnsultants, Inc. on behalf of David Merz to construct a 150 lin. ft. stone revetment (50-100) lb. stone generally above shw and extending from the top of the bank seaward 6'. Construct an open wood deck on the $/s of the existing house. Maximum dimensions of the deck will be 43'- 6" x 16' 6"° Property is located on Robinson Road, Greenport. Trustee Kujawski: Is there anyone wishing to speak in favor of this application? Roy L. Haje: I'm Roy Haje, En-Consultants for the owner David Metz. The project which is'now before you is, I believe, preferable to what had been originally proposed in that the rip rap will be almost entirely above the hwm. There is a very clear need for some tyPe of structure here. The erosion is exceeding very obviously. I think what is proposed will arrest the problem and do it in a comparable manner. Did you mention the deck? Trustee Kujawski: Yes we did. Roy Haje: That is part of the application as well, it is for recreational purposes. It is a considerable distance back. Trustee Krupski: Roy does any Frank Kujawski: Thank you. Is there any one wishing to speak in opposition to this project? No comments. Trustees? No comments. Then I move to close this hearing. August 25, 1988 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES DURING THEIR REGULAR MEETING HELD ON AUGUST 25, 1988: Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, the Southold Town Trustees have held a public hearing pursuant to 617.4 (J) 1 thru 4, of the State Environmental Quality Review Act, and WHEREAS, our Public trust and historic role as Patentees is strengthened by the State Environmental Quality Review Act and our ability to protect Environmentally sensitive areas, and WHEREAS, the Southold Town Trustees, Conservation Advisory Council, and Town Board Members have. contributed to New York States Significant Coastal Fish and Wildlife ~abitat Program highlighting the r~asons designating areas of State Significance for Fish and Wildlife in Southold Town, NOW TREREFORE BE IT KNOWN that the So~thold Town Trustees approve, rati~f¥, and confirm Critical Area Designation (CEA) pursuant to the State Environmental Quality Review Act (S.E.Q.R.A.) (Part 617.4 (J) I - 4 NYCRR, for all Trustee Lands in Richmond Creek, below mean high water or portions of the creek as described in theNew York State Det~artment of State Significant ~5~bitats Program and or by County Tax Map designation thereto annexed and for all lands 75' landward of mhw on undevelope~ land. Such designations shall in no way affect the largely ministerial function of issuing' permits or renewal permits for boat mournings on or over town bottom nor affect the usual or ordinary activities of aquaculture, fishing, hunting, navigation, and mariculture provided such activities are lawful and structures installed for said purposes are temporary (less than one year) in nature. The foregoing shall become effective 30 days after filing in the office of the Commissioner of the New York State D.E.C. pursuant to S.E.Q.R.A. Vote of Board: Ayes: Trustee Krupski, Trustee Bednoski, Trustee Kujawski, Trustee Smith, Trustee Bredemeyer This resolution was declared duly adopted. J.M.O. CONSULTING ON BEHALF OF STEPF~EN GOTTLIEB - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, J.M.O. COnsulting on behalf of Stephen Gottlieb applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 13~ 1988.~ and EREAS said application was referred to the Southold Town nservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 25, 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, THEREFORE BE IT RESOLVED thatJ.M.O. Consulting on behalf of Stephen Gottlieb be and hereby is granted permission under the provisions of the Wetland Ordinance to construct a 4' x 600 ' timber catwalk which shall be elevated a minimum of 4' over the existing vegetation. The property is located at 1325 Luptons Point Road, Mattituck. This permit will expire two years from the date it is signed if work has not co~enced 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 the Clerk a certificate that he has public liability insurance policies insuring again~t'any liability which may arise in the performance of the oper~t!onsP~rsuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as the name insured~ Vote of Board: Ayes: Ail - Resolution adopted.