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