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HomeMy WebLinkAboutTR-10/27/1988FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197t MINUTES October 27, 1988 WORK SESSION: 6:00 P.M. A Work session of the Board of Town Trustees was held at 6:00 P.M. on October 27, 1988 at the Town Hall, Main Road, Southold. Present were: President Frank A. Kujawski, Jr. Trustee Henry P. Smith Trustee Albert J. Krupski, Jr. Trustee John Bednoski, Jr. Trustee John Bredemeyer, III Clerk Joan Schneider NEXT REGULAR MEETING: 7:00 P.M., Thursday, N~vember 12, 1988 FIELD INSPECTIONS: 12:30 P.M. Thursday November 10, 1988 WORK SESSION: 6:00 P.M. Thursday, November 17, 1988 Moved by Albert Krupski, Jr., seconded by John Bednoski, it was RESOLVED to approve above dates and times of the November Meeting and Inspections. Vote of the Board: Ayes: All - Resolution adopted. APPROVAL of the November mooring renewals. ALBERT KRUPSKI, Motion to approve. FRANK KUJAWSKI, Second Vote of the Board: Ayes: All - Resolution adopted. Monthly Report for October, 1988, $4,122.00 received, which includes mooring renewals, waivers, permit fees and 15 Wetland Applications. Public Notices are available in our office if anyone would like to read them, they are also posted on the Town Clerk's bulletin board. As per suggestion of Henry Smith, items to be discussed first will be for interested parties in attendance. 1. Armando Cappa regarding ZBA review for determination of sign location on property on Main Road, Southold. Moved by Trustee Bredemeyer, seconded by Trustee Krupski, RESOLVED that application for a waiver to place co~t~t,ercial sign be APPROVED subject to a letter from Mr. Cappa requesting same, to place sign on upland portion, western most location of Mr. Cappa's property. Vote of Board: Ayes, All Board members, Resolution adopted. Thomas A. Palmer for a waiver to build, (replace) catwalk and floating dock as additional work to dwelling on property located at 2050 Deep Hole Drive, Mattituck, N.Y. President Kujawski reported that he had inspected property and original structure is almost gone. Mr. Palmer agreed to submit new application and deliver check to Clerk for same. We will accept as new application for permit for catwalk and float and send letter to Building Department stating that the rest of application is out of our jurisdiction. James Manos for a waiver for extension to deck and to reconstruct stairway on property located at 2050 Deep Hole Drive, Mattituck. JAMES MANOS: I have DEC approval for this project. HENRY SMITH: I inspected property for deck extension and I have no objection because its not going out any further and the stairway is also no problem. Moved by Henry Smith, Second John Bredemeyer, RESOLVED that application for waiver be APPROVED to replace stairway, replace existing deck structure and add approximately 30 sq. feet of decking Which will not extend out any further than present deck. Vote of Board: Ayes, All. Resolution adopted. H~NRY SMITH: I inspected James Young property in Laughing Waters, there is no problem as project is more than 75' from wetlands and is behind a bulkhead. FRANK KUJAWSKI: Motion to grant a waiver for James Young, second, Jay Bredemeyer. Vote of Board: Ayes, all. WAIVER APPROVED. JOHN BREDEMEYER: I inspected property of Daniel Mooney, fence installed is 2 sections of split rail fence, it is close to mean high water mark, there is no other problem with it. We will approve a waiver with the condition that 5 feet of fence be removed. Motion to APPROVE Waiver made by John Bredemeyer, second Henry Smith. Vote of Board: Ayes. John Bredemeyer to reinspect on notification by Mr. Mooney of removal of fence section. FRANK KUJAWSKI: Is there anyone else present who has any business to take care of at this meeting? Arthur Di Pietro, Attorney for Gus Wade present. FRANK KUJAWSKI: We have received a letter from the DEC asking us to take lead agency, since the concern on an application like this would be one of local concern. I have talked with the Board this evening and we feel that we could begin the SEQRA process for Mr. Wade here at the local level so that there is no delay on your part or his part. At the conclusion of that process, after the Hearing, we will wait for the DEC Permit, therefore, you won't be waiting for Stony Brook to begin the process, we will go through it here. As per our Local Laws, you will still be required to get a DEC Permit. ARTHUR DI PIETRO: Based on reasonable and rational ground rules, there will probably be some local interest in this application. Mr. Wade has, I believe, based on my review of the legal status of this matter under the rules and regulation of SEQRA and Article 25, some very essential and important vested rights in the review process since he has a permit to construct the house. FRANK KUJAWSKI: We are aware of that. DI PIETRO: Therefore, implicit in the issuance of that permit was the issuance of a Negative Declaration by the DEC. That means that the DEC already has taken lead agency status , any new lead agency by your Board would be redundant and improper. Under the regulations of SEQRA, pursuant to §617.13A subdiv. 8, the bridge issue is clearly a type 2 action, and if so the SEQRA process is not necessary. FRANK KUJAWSKI: We have not as yet taken lead agency. We have more in front of us than just the house. The fact that the DEC has taken lead agency on the house, and proceeded ahead and declared a Neg. Dec. on it only describes a portion of the project that we are talking about right now. JOHN BREDEMEYER: Since the prior application activity of the applicant, the Trustees independently and throughout the Town have designated critical environmental areas, (CEA), this parcel and neighboring parcels are CEAs. Pursuant to ~617 rules, a long environmental assessment form would not have been necessary, you may have started an application there before we goti~volved in our Critical Area designation, but that is on file with the Co~m~issioner of DEC's approval, and will re~ire a long form. We are obliged by our own rule making and concerns for these critical areas, to take a long hard look and a review of the long environmental assessment. GUS WADE: When was the CEA created and why were the property owners not notified of this? JOHN BRW~EMEYER: The CEA area was designated in March of 1987 pursuant to the rules promulgated by the DEC in part 617 and we did have Public Hearings and it was printed in the newspapers, it does not require land owner notification. MR. DI PtETRO: I think there may be some legal status of Grandfathering as a result of the prior issuance of the DEC permit. FRANK KUJAWSKI: That may be but you have us at a disadvantage without our Council being present. The most we will do tonight is accept this application and designate ourselveS as lead agency. JOHN BREDEMEYER: I would insist that we need a Long EAS form that our CEA would stand on its own merits . MR. DI PIETRO: You are speaking now only of the application before you on the bridge. FRANK KUJAWSKI: We cannot segment the projects it does say a house as well. We met with Mr. Wade and he agreed that everything is within 75 feet of wetlands, which is now our jurisdiction, as it was not in 1981. At that time our jurisdiction did not extend 75' landward of the tidal boundary, it does now. I believe that the whole project, the septic system, and the bridge, falls within our jurisdiction and we owe it to the public to accept that responsibility. MR. DI PIETRO: I do not think this project should be segmented, it should be two applications. AL KRUPSKI: You are discussing segmenting it for some reason, what would that reason be? MR. DI PIETRO: Whatever preexisting rights are a result of the DEC Permit~ regardless of the SEQRA process. Since a long EAF is necessary,I would request that this be rescheduled for your November 17th meeting. FRANK KUJAWSKI: We have previously accepted incomplete applications, we can accept this one as incomplete. The lead agency designation would not take place until the application is complete with the long EAF. If we have the EAF in time for us to look it over, it will be on the agenda for November 17. GUS WADE: Could we get a list of all of the things that are required of us to make it a complete application? · FRANK KUJAWSKI: There is our normal permit application which you filled out. It is just the fact of the CEA designation, which I forgot about until Jay reminded me~ otherwise we would have been glad to tell you on Thursday that you needed a long EAF. AL KRUPSKI: I believe we also need a survey with contours, elevations need to be shown. MR. NOWACEK: Before you accept any application, you must right the wrong that was done to the property on which you have jurisdiction. We want the destructive element, (sand), removed. The sand was placed there by Mr. Wade in violation of the DEC Law and in violation of property rights. FRANK KUJAWSKI: We have demonstrated that we are concerned about the sand which was dumped on Trustee land, but it doesn't start until after that roadbed, which abuts our property but is on Town property, it is within the jurisdiction of the Town Board. At the conclusion of whatever happened in 1983, myself and several Board members appeared before the Town Board and requested that our filled land excavated. We would like this fill taken out of there and the Trustees land restored to a mooring area for the people of the Town of Southold. The Town Board turned us down and said that it would be too costly to do that, that was 6 years ago, I do not know if that has changed. Certainly Trustee land is valuable to the taxpayers and people of this Town. Sand is a high premium commodity now, there will be many things that we will take into consideration in this project and I feel that handling this on a local level here in Town would be to everyone's advantage, rather than the DEC in Stony Brook. They are not precluded from this process, they have already sent us a lead agency request with their concerns on it, they will be involved and under Chapter 97 but this Board will have the last word here. We will keep an open mind and listen to everyone's comments at the appropriate time during the Hearing. A1 Krupski, Motion to accept as incomplete application, second, Frank Kujawski. Vote of the Board: John Bredemeyer opposed, Ayes; Smith, Bednoski, Krupski, Kujawski. Motion granted. FRANK KUJAWSKI: We will begin our Public Hearings. We have an Affidavit forwarded to this office that publication notices for these hearings were published in the Suffolk Times and the L.I. Traveler on October 13~ 1988. They are also published on the Town Clerk's bulletin Board. A Hearing in the matter of the application of Robert G. Melrose in behalf of Harold W. Conroy to construct a new bulkhead 148 linear feet within 18 inches of an existing bulkhead. This property is located on Lighthouse Road in Southold. Is there anyone here to represent Mr. Conroy on this application? MR. MELROSE: I am here in behalf of Mr. Conroy. I will answer any questions on this matter. FRANK KUJAWSKI: Is there anyone here who would object to this application? Is there anyone who is in favor of this application other that Mr. Melrose? JOHN HOLZAPFEL: (CAC Representative) Possibly a drywell should be used. I have some concerns about runoff over the bulkhead. Isn't there some erosion on the upland part of the bulkhead. MR. MELROSE: If you look at the beach, the beach level has dropped, the staves are undermined and are starting to kick out. FRANK KUJAWSKI: It seems like an expansive distance for runoff water from the house to travel to the bulkhead. Your concerns are noted. Are there any other comments about this application? No? I will then close the HeaLing on Harold W. Conroy. FRANK KUJAWSKI: We will begin the Hearing in the matter of the application of Costello Marine on behalf of Linne Ostling to replace an existing bulkhead approximately 12 to 18 inches in front of existing bulkhead and approximately in line with the southerly neighbor's property which is located on Osprey Nest Road in Greenport. Is there anyone here who would like to speak in favor of this application? JOHN COSTELLO: I am representing Mrs. Ostling on this application and I am here to answer any pertinent questions on this application that the Board has. FRANK KUJAWSKI: I don't have any questions. JOHN COSTELLO: This is an old bulkhead that has eroded. We are doing exactly what the neighbor to the south of Ostling's did. FRANK KUJAWSKI: Is there anyone here who would speak in opposition to this project? JOHN HOLZAPFEL: Again, I am concerned with runoff in this project. We would reco~,,end that you put some sort of barrier to block the runoff of the fertilized sod, which may cause more problems for the Town. AL KRUPSKI: Ail that would be necessary would be to change that slope very slightly so that the water can't accelerate towards the creek, if that is possible. JOHN COSTELLO: We will fill with clean granular sand, which will also act as a filter, it serves two purposes, it also prolongs the life of the bulkhead. AL KRUPSKI: If you contain the water containing the nutrients in a grassy area, the grass itself will utilize the nutrients as opposed to the sand taking them, clean sand does not.have that much of an iron exchange capacity and its just going to filter that into the ground water anyway. FRANK KUJAWSKI: John, when you are doing this project you are going to have to excavate in back of the bulkhead, you may pass on our suggestion that they do some small plantings behind the bulkhead rather than to sod it up to the edge. Are there any other comments? We will then close this Hearing, it is well past 7:34. In the matter of En-Consultants in behalf of Harold Knight to construct a i6 foot angled bulkhead on the north side of his property and to backfill with 7 or so cubic yards of clean loam to be trucked in from an upland source, the return is needed to prevent further loss of backfill from an exiSting damaged bulkhead, this property is located on Calves Neck Road in Southold. Is there anyone here to speak on behalf of this application? No. Is there anyone to speak in opposition? No. Do any Board members have co, iuuents? No. Hearing is closed° Motion by Henry Smith, second John Bredemeyer. Vote of the Board: Ayes, all. FRANK KUJAWSKI: Next, I would like to make a motion to approve, under our Grandfather provisions, the registration of a bulkhead, catwalk, ramp and float for Dr. Alfred Nadel, located on Robinson Road, Southold, to approve structure with issuance of a permit and payment of appropriate fee. We have a letter stating that Dr. Nadel agrees to install drywells. This will be part of the stipulation, as per our communication from Dr. Nadel. We can issue the permit when fees are paid and Dr. Nadel notifies this Board that drywells have been installed. I will amend my motion to grant but hold the permit until the dryWells have been installed, second Henry Smith, Vote of Board: Ayes, all. FRANK KUJAWSKI: The CommuniCations for October is quite lengthy and there are several that we would like to talk about. 1. A letter from John Wickham. Has everyone read this letter? HENRY SMITH: Ten years ago we told Mr. Wickham that we would not grant a Quitclaim deed for the property so that he could grow cranberries. FRANK KUJAWSKI: At that time we offered him a 99 year lease for the property but he declined. HENRY SMITH: The letter goes on to say that he had 80 acres to dike and when the Trustees gave him permission to do so they gave up their claim to the land, that is not true, I have never seen a permit. This goes on to say that did or did not the Trustees surrender jurisdiction 44 years ago? FRANK KUJAWSKI: I have spoken to the Town Attorneys and we have never surrendered jurisdiction on this land. When you surrender jurisdiction, you transfer title, we did not. With the Board's permission we will send back a letter stating that we did not surrender jurisdiction and that we do have title to this property. FRANK KUJAWSKI: The next communication is from Donald J. Walsh, and others re: Angel Shores Development. The pump, the source of fresh water, is not located within the Trustees jurisdiction. I thought this might be something we might have had a permit on file for but if it is out of our jurisdiction we will send him a letter. Next is from Fred Howell re: Richmond Creek CEA designation notice. Have these notifications in part 617 been done? HENRY SMITH: Yes it has been automatically done. Number 4 is concerning Conditional Shellfishing information from Maureen Davidson of the DEC. Michael Corey, a Nunnakoma property owner questioned CEA designation, correction letter was sent out. Number 8, En-Consultants re: Robert Keith. John Bredemeyer inspected and determined that property is within Trustees jurisdiction. Next, Albert R. Latson, letter to go into Notaro file. Charles E. Rowan, Angel Shores re: salt in water. Number 1t, Wilma Marston re: Richmond Creek Farm. An Environmental Impact Study forRichmond Creek is advisable, Motion by A1 KruPski, second Henry Smith, Vote of Board: Ayes, All, Motion Granted. Letter to be sent to Planning Board advising them of our concern. Number 15, from NYS DEC re: Mattituck Inlet Marina, to be re-inspected November 10, Trustees to do SEQRA review, need survey. Number 20, Robert Gazza, vote of support. Francis W. Smith, existing permanent structure, needs repairs, send letter stating that repairs may be performed on structure but size should not be changed. Christopher Connors Co, m~unication: Re: Resolution and Acceptance oi D.E.I.S. FRANK KUJAWSKI: Are we ready to accept DEIS in its final form and schedule a hearing for next month? ALBERT KRUPSKI: I don't understand, You are going to schedule a hearing for next month? FRANK KUJAWSKI: The process will start up again. We refused to accept the EIS, the draft study, as final until the violation on the property was settled. ALBERT KRUPSKI: Okay, I think that's good. I'm wondering, in fairness to the applicant who has brought, I think, a number of problems on himself, if the Board feels that they would want a DEC and Health department permit before we will be issuing ours, should we tell him that constructively? FRANK KUJAWSKI: He knows that, we told him that the last time he was here. JOHN BREDEMEYER: I thought that we only told him that he would have to settle the violation. FRANK KUJAWSKI: No. I met with Dan Ross the other day, who's now his newest attorney, Rob Berntsson was there also, we had a little meeting and said that we would proceed ahead with the SEQRA review of this project, but our permit would not be issued until... JOHN BREDEMEYER: I wanted to mention that because, in the matter of fairness to the process, he would feel like the end of a whip... FRANK KUJAWSKI: No. Dan understands that. JOHN HOLZAPFEL: If you accept the DEIS, don't you have to have a public meeting in reference to that within a short period of time° FRANK KUJAWSKI: We have to have a hearing. JOHN HOLZAPFEL: Just for the DEIS... FRANK KUJAWSKI: That's correct. We are going to separate it, we will have the public hearing. JOHN BREDEMEYER: John's bringing up a good point. What he is saying is, essentially, we are going to do a separate SEQRA from ours, this will be one of those that will have two public hearings again, so what we have to decide is this public hearing going to be a one size fits all, or is it going to be just SEQRA? FRANK KUJAWSKI: No. Just SEQRA. JOHN BREDEMEYER: Okay. Then we will have two public hearings, which should be interesting. FRANK KUJAWSKI: Well, that's the way we have to do them if we are going to take lead agency. JOHN BREDEMEYER: We can hold the public hearing under the Wetlands Ordinance the same night. It has previously been advised that we do that by Jay Schondebare, and that we do that also to avoid additional fireworks and to keep from going over the same thing time and again, a public hearing is a public hearing. FRANK KUJAWSKI: I don't foresee that happening. JOHN BREDEMEYER: We will have had more information for the second... FRANK KUJAWSKI: Is there a motion to accept the EIS as the final EIS? ALBERT KRUPSKI: $o moved. JOHN BREDEMEYER: As complete... FRANK KUJAWSKI: As complete. I'll second that. Ail in favor? Vote of Board: Ayes, Ail. FRANK KUJAWSKI: The matter of the application of Christopher Connors will be scheduled for a SEQRAHearing on November i7th, 1988. V. NEW APPLICATIONS: 1. Young's Marina, to accept as incomplete application, motion Henry Smith, second John Bednoskio Vote of Board: Ayes, All. 2. David Creato, motion to accept as incomplete application, by A1 Krupski, second John Bednoski, Vote of Board: Ayes, All. 3. In the matter of En-Consultant for William Corwin property. Motion to accept as incomplete application, A1 Krupski, second John Bednoski, Vote of Board: Ayes, All. 4. Oyster Farm Associates for wetland permit, Motion to accept as incomplete application, John Bredemeyer, second Henry Smith, Vote of Board: Ayes, All. 5. Village Marine, project in marina behind bulkhead, trying to do work before cold weather, John Bredemeyer discussed drywells with them. Motion to accept as incomplete application, John Bredemeyer', second Frank Kujawski, Vote of Board: Ayes, All. 7. Geoffrey Penny, comments of concern by John Bredemeyer, bulkhead or retaining section on the northern side should be landward 8 to 10 feet to protect basin more when dredging begins, also will give more space to replant. Frank Kujawski inspected property after complaint of neighbors of dredging without permit, explained permit process. They were dredging up spartanic grasses. Kent went there and took pictures the next day. Geoffrey Penny did submit application. Motion to accept, Frank Kujawski, second , Henry Smith, Vote of Board: Ayes, All. 9. Thomas A. Palmer, Frank Kujawski, motion to accept application, second, Henry Smith, Vote of Board: Ayes, All. 10. Moorings in James Creek, Salvina Zahra and Gayle P. Marriner. Motion to approve nbove, and to disapprove application of Arthur Gatehouse, Mattituck Creek, Frank Kujawski, second, John Bednoski, Vote of Board: Ayes, All. Motion to adjourn, Henry Smith, second John Bednoski. Vote of Board: Ayes, All. Meeting adjourned 9:01 P.M. Clerk-Board of Trustees