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.