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HomeMy WebLinkAboutTR-11/17/1988FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEI~IEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SI~IITH BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 WORK SESSION: REGULAR MEETING: MINUTES November 17, 1988 6:00 PM 7:00 PM Present were: President Frank Kujawski, Jr., Trustee John Bednoski, Trustee Albert Krupski, Trustee Henry Smith, Trustee John Bredemeyer, John Holzapfel, Clerk Joan Schneider. Approval of December 8, 1988 inspection date, regular meeting date. Vote of Board: Ayes Ail. December 15, 1988 I. REPORT: Trustees Financial Report for November, 198.8r ~ total ~of $2,22~.00 has been collected from applications, moorings, renewals and permit fees. HENRY SMITH: With our increased fees over the year have we been self sufficient? The reason for increasing the fees was so that we would be self sufficient. FRANK KUJAWSKI: I had a conversation with the Town Attorney about that the other day, and he feels that we are very close to being self sufficient. No budget deficit here. II. PUBLIC NOTICES: There are several Public Notices posted on the Town Clerk's Bulletin Board for review. III. COMMUNICATIONS: 1. Wesley R. Dickinson re: The Cove and pool, which we discussed with Valerie Scopaz last month at the work session. We discussed placing the pool behind the bulkhead but not in the flood plain elevation, it must be elevated. There has been no engineering report submitted. The latest status is that maybe this is a site where no pool should be located because we cannot find a place for it that meets everyone's needs. The Planning Board will not accept it at the tennis courts, we won't accept it if it is placed behind the bulkhead. 2. Roy Haje to Mr. Thurber re: Mattituck Inlet Marina application. There was a meeting that took place on the site to discuss an additional dock that the marina wanted to put in for~ use as a service dock not as a permanent dock. His original idea was to dredge the marsh and extend the bulkhead but was told not to bother with that. At that meeting we came up with this proposal to install the dock. Now the DEC is raising questions about that so I wanted to meet with them and I have received a meeting date at Stony Brook, if someone from the Trustees could attend that would be good. The meeting will be held on November 23 at 8:45 AM at Stony Brook. FRANK KUJAWSKI: Tonight we were intending to move ahead with the Lead Agency on this application, did you turn in the topographic maps showing dredging depths, etc. ? ROY HAJE: No I'm having that done, I do not have it now. FRANK KUJAWSKI: We will have to put this off until next month. Those maps will make our file complete so that we can proceed with Lead Agency. 3. Henry Weismann re: Southold Shores Boat Basin application. 4. James Manos re: Christopher Connors application. Letter to be discussed during Hearing tonight. 5. Harold W. Conroy re: fees 6. James McMahon re: DEC activities in Southoid Town. JAMES McMAHON: The DEC has, under the Environmental Quality Bond Act, gone into contract for the purchase of Truman's Beach. We are hoping that the acquisition will take place before the end of this year. There's an existing ramp and parking lot and with some improvements it could be public access, and fishing access to L.I. Sound. The ramp is concrete and probably needs to be lengthened and needs some improvement. The Town would have the right to charge fees and could set parking fees. We are hoping that the Orient/East Marion Park District would manage the site but that has not been worked out yet. FRANK KUJAWSKI: What makes this parcel attractive to the DEC? JAMES McM~ON: An existing ramp and the fact that it was for sale. The other piece is the Carey Tank Farms, the second appraisal on that should be in momentarily. There is a couple of EQBA monies that come into play. The Carey Tank Farm is for Park and Recreation. The other two sites that the DEC has recently expressed an interest in are the 4.7 acre piece, a vacant parcel, the other is a 1.7 acre parcel is existing asphalt tanks, so they, along with the Town, would like to acquire all three parcels. The first parcel, the Carey Tank farm is a 50-50 match, the other two are outright acquisitions, there is no match required by the Town. HENRY SMITH: What is the intended use for these parcels? JAMES McMAHON: They are presently zoned commercial to light industrial. It is not something that the Planning Board at the County or the Town level would go along with. They have since rezoned it Marine Two, which if you combined any one of those two parcels would allow condominiums, motels and marinas. The thought was that they would be used as open space access to Long Island Sound. HENRY SMITH: Since this is State money, would this be State access? JAMES McMAHON: It is available to anyone in the State of New York, however, the Town has the right to set the hours of operation, set fees, you have the right to regulate the site. If you charge a resident $10.00 per year to launch a boat, you can charge a non-resident $20.00. You can't exclude but you can double the fees. FRANK KUJ~WSKI: I think this a good opportunity. It really would be great to clean up an eyesore in the Town. ALBERT KRUPSKI: parcel? Who pursued these pieces, like the Truman Beach JAMES McMAHON: That was something that the Town submitted an application on, along with the Carey Tank Farm to the State Park and the DEC. Apparently the DEC has 1972 EQBA money to spend, so they asked me whether the other two sites on Mattituck Creek would be suitable for acquisition, and I said yes it would. Also, along with the Southold Baymen's Association, we plan-ted a million clams a few weeks ago and transplanted out of Mill Creek and Mattituck Creek, 600 bushels of assorted clams as part of the relay program all funded by the DEC. 7. DEC Lead Agency request re: application request of Geoffrey Penny. DEC Lead Agency request for the application of Kenneth Rock. That will come up under Section 9 later on at this meeting. Cove Beach notification on DEIS. PUBLIC HEARINGS: 7:36 PM'. PUBLIC HEARING SOUTHOLD TOWN TRUSTEES November 17, 1988 7:30 P.M. IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF ELLEN GUYTON TO CONSTRUCT 310' TIMBER RETAINING WALL AND TO BACKFILL ON PROPERTY LOCATED ON R.O.W. OFF GRAND AVENUE, MATTITUCK, N.Y. PRESIDENT KUJAWSKI: This is a hearing on the application of Ellen Guyton to construct 310' timber retaining wall and to backfill on property located on R.O.W. off Grand Avenue, Mattituck, N.Y., pursuan~ to the most recent plan, which is a modification with some mitigation measures requested by this Board. For the public's information, it is now a 2 tier retaining wall, and we also stipulated that rainwater is to be directed to catch basins, drywells. Are there any comments in support of this application? Hearing none, are there any co~,ents against this application? STEVE LATSON: I have one comment neither for or against. I am part of tbs Waterfront Revitalization Committee. Last night at we discussed recommending in th~ future that all houses that exist build or create a 25' natural growth buffer so as to protect the area behind the retaining wall, they might recommend natural growth. ALBERT KRUPSKI: That's a good point, Steve. The top tier of the retaining wall can't be 15' from the house. That is why we are recommending that runoff measures be taken on the water coming from the house. The problem with erosion was from the top of the bluff mostly. FRANK KUJAWSKI: We did suggest natural vegetation on the tiers of this. STEVE LATSON: This may become a law, so that people developing now can get a head start and they won't have to do it in 2 or 3 years natural vegetation. HENRY SMITH: Are you speaking of existing properties? STEVE LATSON: Yes. For undeveloped properties now, they are actually pushing the back the full 75' then they won't even have to get permits from the Trustees. Obviously, particularly along the bay, you have practically 100% development already so we have to have some kind of buffer created. 25' is not a huge expanse. This natural buffer will give the homeowner an idea of our natural setting and the importance of it and it will actually create a buffer, then you won't have your lawn right up there and it will guarantee that you won't be putting fertilizers right down to the edge. FRANK KUJAWSKI: Regarding this application, does any member of the Board have a comment to add to the record. If there are no other responses, I will close the hearing. The next hearing is in the matter of the application of ROBERT E. MITCHELL to construct a walkway 12' X 4', a floating dock 16' X 6' and install 2 two-pile dolphins to secure floating dock. The property is located on Oakwood Drive in SouthOld. We should mention the comments from the Conservation Advisory Council MARGARET VANDERBECK: Comments from C.A.C. regarding Mitchell, with stipulation that walkway be elevated 4' above grade level to protect the marsh. JIM FITZGERALD of Proper-T Services representing Mr. Mitchell. The DEC had the same requirements, which are acceptable to Mr. Mitchell and myself. FRANK KUJAWSKI: Are there any other comments in support of this application? No co~m~ents. Are there any coz~m~ents in opposition to this application? Any co~ents by the Board? No. We will close the Hearing on Robert E. Mitchell. Hearing in the matter of acceptance of DEIS of CHRISTOPHER CONNORS: FRANK KUJAWSKI: This hearing is different because comments by DEC and permits required, which then empowers this Board to vote on those applications, have not been received. This hearing is in response to the SEQRA Law, and as such it is a hearing where comments may be given regarding the EIS, which was accepted by this Board. We have one set of written coim~ents, which I will read into the record, but first, is there anyone here to speak in favor of the EIS of Mr. Connors? ROY HAJE, En-Consultants. I have prepared the document for your you will find that if you review the project that we have modified the location of the house. We have also taken measures to limit, the fill which would be necessary for the sanitary system. We have changed the driveway and so forth so that we feel that we have done everything possible to develop this lot. We have gone into the potential effects of the project given the extent of wetlands on the property we have minimized the impact to the best of our ability. I don't see anything further or additional that could be done. FRANK KUJAWSKI: Are there any other cu~L~ents in support of this document, or concerning this document? CHRIS CONNORS: I am the applicant here, I understand that this hearing is only a SEQRA hearing and it is not a Trustees hearing, for some reason you are differentiating the two and I do not understand the reason for this. FRANK KUJAWSKI: I think we have explained before that under Chapter 97, this Board is not empowered to vote favorably or unfavorably about an application until it has received the approvals of the other agencies which are involved. We have scheduled a hearing on this to proceed ahead so that the DEC would not be held up regarding your application. By holding this hearing we are meeting the legal requirements, which hopefully will speed up an answer to the questions you ask. As soon as we have those decisions, your applications will proceed the same as the other applications will. CHRIS CONNORS: I read a statement sent to me by you which stated that you will not issue a permit until all other permits have been issued, is that correct? FRANK KUJAWSKI: Yes, that is correct. CHRIS CONNORS: I am looking for a commitment from you that my application will be approved or disapproved. FRANK KUJAWSKI: We cannot do that, it would be against the law. JAMES SCHONDEBARE: We have gone through this before, it is the Board's position that until the other permits are obtained, we do no~ even have a complete application. We are doing a SEQRA Hearing right now. Every agency in the Town must make a determination, initially as to whether or not the proposed action may have a significant effect on the environment, and we must go through the SEQRA process, it is the law. This Board has made the determination that your activity may have a significant effect on the environment. This is a SEQRA hearing, you are getting away from the point. CHRIS CONNORS: Why did you not tell me to get the DEC permit before going through this extensive review? FRANK KUJAWSKI: I have told you before that you need the other permits before we issue ours. We are just following the law. We could have put this off for several months but it is to your advantage in dealing with the DEC, that we are proceeding ahead with SEQRA, JAMES SCHONDEBARE: a SEQRA hearing. You are getting off the subject again. This is MR. CONNORS: I am Christopher Connors father~A.few months ago, in court, the Building Inspector did state that this is a buildable lot, and he did issue a vacant land C.O. on this property. JAMES SCHONDEBARE: The reactions of the Building Department are not binding upon the Trustees. The responsibility of the Trustees here tonight is to do the SEQRA hearing, which we have not even started on. FRANK KUJAWSKI: Are there any other comments on this matter? ERIC J.BRESSLER: On behalf of the applicant, I represent Wickham, Wickham and Bressler. I would like to make several points in connection with the application. First, as Mr. Connors correctly pointed out, that it is relevant, not only in a SEQRA hearing but any hearing before this Board, to consider the circumstances by which Mr. Connors finds himself in this position. The Board is well aware of how he found himself in that position. Secondly, I think that Mr. Connors question about the coordinate scheduling of the hearings is very well taken. While the Board's point concerning their feeling to push this forward and the alternative being Go delay this hearing so that it could be coextensive with the permit hearing, with all due respect, I think its backwards. I think that the correct application of the law would be to combine this hearing with the permit hearing and thereby expedite all of the hearings which should properly be held before this Board. It is no hardship to do that and I do believe that any issues to be brought out in a SEQRA hearing are going to be substantially similar to those which would be heard on a later application. I think to avoid duplicity of time and resources that would be the preferred method. Finally, with respect to the somewhat elusive S97-12, of the Trustees Code, the Wetlands Ordinance, I would point out first of ail the ordinance appears to be internally inconsistent with S97-23 which gives the Board authority to grant permits subject to certain other things taking place, that is other permits, and I dare say that in the case of various agencies like the ZBA and other agencies like that, this Board has in the past granted permits subject to, I need not go into those instances, the Board is well aware of that. Secondly, I don't believe that particular ordinance is sound. A perfect example of that is Mr. Connors situation, as you well know, he is before the zoning Board, and they won't listen to him until you do something. You wont listen to him until the Zoning Board does something. And so we are faced with a rather awkward situation~ You are not going to do anything until you hear from the Department of Environmental Conservation. I would suggest to this Board that the preferable measure is to proceed pursuant to ~97-23, have your combined hearing, make your determination, and if its subject to the receipt of another approval then give it thereby your approval would not be given finally until all other permits and I think you can do that without doing violence to this application. FRANK KUJAWSKI: For the record, the Zoning Board is not going to be waiting, I have spoken to Mr. Goehringer and explained our situation. The ordinance we are operating on is different than the other Board's. I believe that they will not. hold you up and they will proceed ahead with this application. ERIC BRESSLER: You have heard that relatively recently? CHRIS CONNORS: I have a letter from them from about a year ago saying that they will not proceed until they get something in writing from you. JAMES SCHONDEBARE: We have discussed this and one of the Board's moves is not a catch 22, its obvious, it is not going to be. The other point I would bring out, that I question, is whether or not you could have done the two hearings at the same time . FRANK KUJAWSKI: Wouldn't we have violated the SEQRA process by a delay of action? JAMES SCHONDEBARE: You have to allow a ten day con,.ent period after this action for public comment. Suppose you wanted a supplemental to the DEIS or suppose you wanted to do a final EIS, to have the hearing before you have completed the SEQRA I think would have left the applicant and the Board subject to attack. I do not think it would be in the best interest of the applicant either to have a simultaneous hearing because the two of you, the Board and the applicant, would definitely be subject to a lawsuit. FRANK KUJAWSKI: Do you agree Mr. Bressler? ERIC BRESSLER: No, I don't and I do believe that the hearings could be coterminous but we need not get into that at this point. FRANK KUJAWSKI: We are going to take our Attorney's advice on that. Are there any other co~,~ents regarding the environmental impact statement in this project? Public co~ents, as already have been advertised, will be accepted by this Board until December 17, 1988. If anyone chooses to make a con.~ent positively or negatively about the project, about this EIS they are welcome to do so, and the document is available for public inspection. I have received one written comment which I will read into the record to make our hearing this evening complete. This comment is from James Manos and it addressed to me, as follows: Mr. Haje's DEIS does not comply in most respects with the directions set down by the Trustees in the scoping session of October 6, 1987 nor with the scoping request of the Suffolk County Department of Health Services set forth in its letter to the Trustees dated October 20, 1987. It also fails to adhere to the basic requirement of the DEIS which is to describe measures to minimize adverse environmental effects by the proposed action. For example, Mr. Haje originally recommended in his summary statement to the EAF that the house would have the least adverse environmental impact by being placed in the northeast quadrant of the property since it would be the most distant from the wetlands in that location but in the current site plan which accompanies the DEIS~, ~_the house is in the middle of the northerly half of the parcel 50 feet from West Drive and less than 75 feet from the wetlands and Peconic Dunes, requiring a ~97 variance. By moving the house 15' closer to West Drive, it would be entirely in the northeast quadrant having 35' front yard setback from West Drive, which is the distance permitted under the zoning code, and it would also be 79' from the Peconic Dunes wetlands sati~sfying the setback requirement in that regard. This would tend to minimize the adverse environmental effects. The above change would also free up an area behind the house of about 15' X 60', 900 sq. feet, which could be incorporated as part of the leaching area encompassed by retaining walls. Currently shown on the site plan the enclosed leaching area is about 2100 sq. feet, and certainly a 40% increase is a measure to be desired. Mr. Haje does not address in a meaningful way the health and environmental impact of the proposed sanitary system. What is the effect of confining the lateral movement of the effluent by waterproof walls. Isn't it logical that it would accelerate the downward movement of the effluent into the groundwater. Wouldn't this downward acceleration be many times the normal rate since the effluent is confined laterally to a 2,190 sq. foot wall leaching area, which is 1/15 of the normal 31,400 sq. foot leaching area, based on a 100' minimum setback requirement. A circular area with a radius if 100' covers 31,400 sq. feet. Shouldn't Mr. Haje provide some sort of evaluation as requested by the Trustees. Mr. Haje has ignored the SCDH Services request on the impact of the system on the Peconic Dunes Park. The sanitary systems leaching pools, which will be only 20' from the wetlands in the park, will be buried in an 8' high mound of fill retained by a wall, which itself will be in wetlands. The Park is a campsite for over 1,000 youngsters during the course of the summer. What is the health hazard to these children? What is the potential for degradation of the aquifer, surface and ground water and the quality of Great Pond itself? Mr. Haje has also not complied with the SCDH Services request for a retaining wall designed by a professional engineer or a registered architect. Mr. Haje give short to the use of pilings in building the house explaining in part that he has not seen any houses in the area built on pilings and it is doubtful that we would ever have the kind of storm that would warrant their use. He is incorrect on both counts. A short distance from the proposed site a house that was on pilings was completed last Spring, which is located on the south side of North Sea 'Drive. Another house on pilings is being constructed across the street approximately 400' from the Sound. In a September 1954 hurricane a storm surge cut through the dunes wesE of Leighton Drive, inundated the low area leeward of the dunes including M. Connors parcel, it continued on to cut a valley through sand dunes j-ust to the south of my property carrying that sand into Great Pond creating a sand bar and contaminating it with salt water. The same storm swept several houses near McCabes Beach into the small pond on the leeward side of North Sea Drive near Horton's Lane. A very hard look should be given to the use of pilings which would allow a substantial amount of the wetlands to remain intact and represents another measure minimizing the environmental impact. Mr. Haje's report contains numerous factual material errors. For instances he states that the parcel is 66% wetlands when in fact it is wetlands in its~ entirety. Even Mr. VanTuyl found over 80% of the property submerged in water' when he did a survey. I suggest that the Trustees reject Mr. Haje's DEIS in non-compliance with the standards required of the law for such documents and under the request by the Trustees and the SCDH Services, and frankly, for its lack of thoroughness and objectivity. JAMES MANOS: May I make a change to the last paragraph? t didn't know that the Trustees had accepted the DEIS so I would like to modify the request for a rejection to a consideration as part of the final impact statement. JAMES SCHONDEBARE: Frank, don't change the paper itself, its on the record, that's it. Don't change the letter, he's on the record. JAMES MANOS: My request is that instead of rejecting it, which you can't do because you can't reject something that you already accepted, would you deem whatever is contained in the letter as modifications of the DEIS to the extent that they can be modified, as an inclusion in the FEIS, I don't know whether there is going to be one. FRANK KUJAWSKI: There can be if the Board so chooses. JAMES MANOS: Well, if there is I certainly would want considered as part of the FEIS, if there isn't, my co~u.ents I would like consideration to be given to my comments as conditions to a final permit, if there is a permit. FRANK KUJAWSKI: Are there any other comments from anyone regarding the DEIS? Any comments by the Board? HENRY SMITH: Yes, I have one. The information you have contradicting Mr. Haje's information in the DEIS, how did you determine that, was that done by an engineer or was that done by yourself. JAMES MANOS: Be more specific. HENRY SMITH: The cesspools, leaching system, in particular. JAMES MANOS: Its a matter of logic. If the ordinary minimal setbauk is 100' from wetlands. If you confine something that should go into 31,400 sq. feet laterally, into an area of 2100 sq. feet, and its all waterproofed around that area, there is only one place that the liquid in that area will go. It won't go up, it would go down into the groundwater. I may be wrong, I am not certain, but these are questions that are bothering me since I own the abutting property. That is my primary concern, the degradation of the groundwater. HENRY SMITH: JAMES MANOS: HENRY SMITH: JAMES MANOS: In what year was it that storm ~nere it broke through? My understanding is that it was in 1954. I think it was 1938. No. The 1938 storm was devastating on the ocean side, it was the 1954 storm that struck the Sound side. HENRY SMITH: I don't remember. JAMES MANOS: There is an area dubbed Hurricane Acres, it was dubbed as such because of that storm. That's the area north of McCabes Beach. You can see the inundation right where I live. COLEEN CONNORS: The measures for the sanitation system, has that been upgraded and improved since 19777 HENRY SMITH: That is the Board of Health. COLEEN CONNORS: My comments would be that there are other houses along that strip. Our house, that we would like to build, would have much better conditions that any of the surrounding houses. I think that we would be more conscious and more aware, only because we would have to be, obviously, than the other houses that are already there. HF/TRY SMITH: The Board of Health is continuously updating their standards. JAMES MANOS: I have more comments regarding the DEIS. At the scoping session a request was made for a plume study for the underground water that was not done. The request was made regarding the measures to remedy a flood condition that exists on the road next Mr. Connors' property. I am pretty sure it will become a worse problem after construction is completed. ROY HAJE: Regarding the sanitary system, the enclosure of the sanitary system with a retaining wall is a fairly recent development and requirement by the Health Department where putting fill to the requested slope which is 5% or one of twenty would either extend beyond property lines or have some other adverse effect, such as contingent upon wetlands. That's the reason why we circled it, to minimize the amount of fill put on wetlands, that is the standard procedure aceepted by the health department. Most of the movements in a septic system is downward anyway, the lateral gradient component is much, much less than the vertical. JOHN BREDEMEYER: As you know, I begged off the Health Department Review. I am a Health Department employee, principally with the County Health Department. I did not participate out of fairness to all parties because I don't believe I should be acting in both capacities. But it is true, I am personally familiar with a number of studies and approximately 80% of the leaching is through the bottom of the pool even in confined states. That is a basic fact, but some of the other comments by Mr. Manos are well taken. FRANK KUJAWSKI: Any other concurrents: Jay, (Schondebare) at this point, we do have the option of asking for more information. I think that there are some questions that need to be.~.ans~ered. JAMES SCHONDEBARE: But you don't do it now, you will have a transcript and you have to go over it. FRANK KUJAWSKI: If there are no other comments from the public or this Board we will close this hearing. Public comments will be accepted until December 17, 1988. Motion to approve on the Public Hearing of Ellen Guyton. Henry Smith motion to APPROVE, with condition that plantings on two tiers of retaining wall will be of an indigenous species that will not require fertilization, and be 10' back from both sections of the retaining wall, Second John Bednoski, Board vote, unanimous. Motion to APPROVE on the Public Hearing of Robert E. Mitchell, Motion Albert Krupski, Second, Henry Smith, Board vote Unanimous. V. MOORINGS: Approval of January mooring renewals: Moved by President Kujawski, seconded by Henry Smith it was RESOLVED to APPROVE the January 1989 mooring renewals. Vote of Board: Ayes; All. 1. Mooring application of Fred J.Carcich, given the fact that access is on his own private property, I do no think that there will be a problem. Motion in favor, Albert Krupski, Second, John Bednoski, Board vote: Ayes, Ail. inspection by Albert Krupski. Mooring APPROVED subject to 2. Mooring application of Frank Willis, Mattituck Inlet, area too congested. Mr. Willis present, requested to wait until May, 1989 for determination of mooring location. Application Tabled until May Board meeting. Motion to TABLE Until May 1989 meeting, Frank Kujawski, Second, John Bredemeyer, Board vote: Ayes; All. VI. AMENDMENTS: 1. John and Valerie Kramer to move 2 floats to existing dock in a new location. Motion to APPROVE John Bredemeyer, Second Frank Kujawski, Vote of Board, Unanimous. 2. Philip Salice to add 6' by 10' extension to floating dock in Mattituck Creek. Don Dzenkowski (Bay Constable) present. Recommendation that boat size be restricted so as not to exceed size of dock. No vessel may extend past east end of dock to avoid navigation problems in channel° Motion to A~PROVE with above restrictions, Henry Smith, Second, John Bednoski, Vote of Board: Ayes: All. VII. NEW APPLICATIONS: 1. Dr. Frank Sciotto to construct pool deck and gazebo on property located on West Creek Avenue, Cutchogue. Information received by thiS Board was that it was private use, not marina use. ALBERT KRUPSKI: There is a concern on the fuel tanks for the marina located on the property. The DEC is mandating that they be removed, which will be impossible if the pool is in place. FRANK KUJAWSKI: I make a motion to accept this application and forward it on to the DEC as an incomplete application with several points to consider, the nearby fuel tank location, a readjustment as to the location of the filters, a consideration as to the available fresh water supply and its contamination, and private use only, Second, John Bredemeyero 2. George Andregg, Jr., En-Consultants, to remove and replace bulkhead, backfill with concrete , property location 9045 Nassau Point Road, Cutchogue. FRANK KUJAWSKI: I make a motion to send this on to the DEC as an incomplete application. One of the considerations is the backfilling with concrete. ROY RAJE: There are two rows of bulkhead now, The old material will be broken up and used as backfill. The DEC wants the bulkhead to go 8" out. FRANK KUJAWSKI: This is not our jurisdiction, your in the Bay which is State waters. I don't think the whole structure should be there, but it is. are you considering making the alterations the DEC requested and changing this application? If so, there is no point in our accepting it. Motion second, John Bredemeyer, Vote of Board: Unanimous. 3. Frank and Sandra Curran, Environment East, to construct a pool and deck on property located at 780 Ha!rwaters Ave., Cutchogue. I think there were some concerns when we looked at this. One was the adjacent wetlands to the site. I would accept a motion to send this on to the DEC as incomplete with a special consideration that there be a means to limit activity on adjacent wetlands, and contamination. Motion to accept, Albert Krupski, second to motion, John Bredemeyer. 4. J. Trataros, JMO Consulting, to construct catwalk, ramp, float and mooring poles on property located on RoO.W. off Main Road, East Marion. JOHN BREDEMEYER: I inspected site, there seems to be no problem with the project except that I think we should complete a LEAF at a work session because although it is not a CEA, we do not have a survey or record of the deed. Move to send it on as an incomplete application, second, Henry Smith. Vote of Board: Ayes, All. 5o Lew Edson to construct one family dwelling on Cedar Point Drive West, Southold. FRANK KUJAWSKI: This seems to be 75' back from tidal water but the feeling of this Board is that activity will be taking place within 75', especially during construction, and there may be clearing involved so we would want to maintain some control of this project. I make a motion to accept as an incomplete application, second, John Bredemeyer, Vote of Board: Ayes, Henry Smith abstained. 6. Frederick Krug, maintenance dredging application in man-made canal located at Budd's Pond Road, Southotd. The DEC permit extension has been received and application should be moved into Lead Agency category. 7. Gustave Wade, En-Consultants, application for bridge construction. Topographical map of area has not been submitted, therefore, I think this application has to be re-scheduled for December meeting. VII. WAIVERS: 1. Robert Smith to construct a tennis court on property located on R.O.W off Westphalia Ave., Mattituck. Property inspected by Frank Kujawski, found to be approximately 135' from Trustees jurisdiction. letter of non-jurisdiction to be sent to Robert Smith and Roy Haje, motion Frank Kujawski, second Albert Krupski, Vote of Board; Ayes, All. 2. Armando Cappa- to construct ground sign on west location of property located on Main Road, Southold. Motion to APPROVE WAIVER Frank Kujawski, second John Bednoski, vote of Board, Ayes, All. 3. Stanley Mackiewicz to enlarge deck and construct roof over same on property located at 710 Maple Lane, Greenport. Inspected by John Bredemeyer, project found to be behind bulkhead, Motion to APPROVE WAIVER John Bredemeyer, second, Albert Krupski, Vote of Board, Ayes, All. 4. John J. Stack, to construct inground pool and tennis court on property located on Nassau Point Road, Cutchogue. Location found to be outside of Trustees jurisdiction. Letter of non-jurisdiction to be sent to Roy Haje. 5. Joseph Gazza, proposed subdivision, property located on Dam Pond, East Marion. New application to be submitted. VIII. LEAD AGENCY: 1. Mattituck Inlet Marina application. Needs map with soundings, to be evaluated at next meeting. 2. Gustave Wade application, next month. 3. Geoffrey Penny. discussed next month. Also waiting for topographical map, to be 4. Kenneth Rock. Motion to accept Lead Agency, Henry Smith, second John Bednoski. Vote of Board, Ayes, All. 5. Frederick Krug, Motion to accept Lead Agency, Frank Kujawski, second, John Bredemeyer. Vote of Board, Ayes, All. There being no further business to come properly before the Board of Trustees a motion was made by President Kujawski and seconded by Trustees to adjourn this meeting at 9:30 P.M.~.~ Vote of Board, Ayes: All. Resolution Adopted. Joan Schneider Clerk to Board of Town Trustees HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF ELLEN GUYTON - APPROVAL Moved by Trustee Smith, second by Trustee Bredemeyer, Wq~EREAS, J.M.O. Consulting on behalf of Ellen Guyton applied to the Southold Town Trustees for a permit under the Wetland Ordinance of the Town of Southold, application dated October 15, 1987 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and reconu,endations and ' WHEREAS a public hearing was held. by the Town Trustees with respect to said application on November 17, 1988 at which time all interested persons were given the 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 no= effect 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 Ellen Guyton be and hereby is granted permission under the provisions of the Wetland Ordinance to construct a 310' timber retaining wall and to backfill, with the condition that plantings of indigenous species of vegetation, not requiring fertilization, be planted 10' from both sections. Property is located at R.O.W. off 'Grand Avenue, Mattituck, New York. 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 are to be notified upon completion of work. Vote of Board: Ayes; Ail - Resolution adopted. PROPER-T SERVICES ON BEHALF OF ROBERT E. MITCHELL APPROVAL Moved by President Kujawski, second Trustee Bednoski WHEREAS, Proper-T Services on behalf of Robert E. Mitchell applied to the Southold Town Trustees for a permit under the provisions of the Wetlands Ordinance of the Town of Southold, application dated August 10, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and reco~tu~,endations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on November 17, 1989 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 considered all testimony and documentation submitted concerning this application, and WHEREAS, the project as proposed will not effect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED, that Proper-T Services on behalf of Robert E. Mitchell be and hereby is granted permission to construct a 12' x 4' walkway, a 16' x 6' floating dock and install 2 two-pile dolphins to secure floating dock, with a stipulation that walkway be elevated 4' above grade level. The property is located on Oakwood Drive, Southold, N.Y. This permit will expire two years from date it is signed if work has not co~u~enced by said date. There are two inspections required and the Trustees are to be notified upon completion of work. Vote of Board: Ayes Ail Resolution Adopted. 4. John J. Stack, to construct inground pool and tennis court on property located on Nassau Point Road, Cutcho~ue. Location found to be outside of Trustees jurisdiction. Letter of non-jurisdiction to be sent to Roy Haje. 5. Joseph Gazza, proposed subdivision, property located on Dam Pond, East Marion. New application to be submitted. VIII. LEAD AGENCY: t. Mattituck Inlet Marina application. Needs map with soundings, to be evaluated at next meeting. 2. Gustave Wade application, next month. 3. Geoffrey Penny. discussed next month. Also waiting for topographical map, to be 4. Kenneth Rock. Motion to accept Lead Agency, Henry Smith, second John Bednoski. Vote of Board, Ayes, All. 5. Frederick Krug, Motion to accept Lead Agency, Frank Kujawski, second, John Bredemeyer. Vote of Board, Ayes, All. There being no further business to come properly before the Board of Trustees a motion was made by President Kujawski and seconded by Trustees to adjourn this meeting at 9:30 P.M Vote of Board, Ayes: All. Resolution Adopted. ~oan Schneider Clerk - Board of Town Trustees RECEIVED AND FILED BY TF~E SOUTHOLD TOWN CI.ERK //. To~ Clerk, To'~ of SoutSold HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF ELLEN GUYTON - APPROVAL Moved by Trustee Smith, second by Trustee Bredemeyer, WHEREAS, J.MoO. Consulting on behalf of Ellen Guyton applied to the Southold Town Trustees for a permit under the Wetland Ordinance of the Town of Southold, application dated October 15, 1987 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 November 17, 1988 at which time all interested persons were given the 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 no~ effect 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 Ellen Guyton be and hereby is granted permission under the provisions of the Wetland Ordinance to construct a 310' timber retaining wall and to backfill, with the condition that plantings of indigenous species of vegetation, not requiring fertilization, be planted 10' from both sections. Property is located at R.O.W. off Grand Avenue, Mattituck, New York. 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 are to be notified upon completion of work. Vote of Board: Ayes; All - Resolution adopted. PROPER-T SERVICES ON BEHALF OF ROBERT E. MITCHELL - APPROVAL Moved by President Ku~awski, second Trustee Bednoski WHEREAS, Proper-T Services on behalf of Robert E. Mitchell applied to the Southold Town Trustees for a permit under the provisions of the Wetlands Ordinance of the Town of Southold, application dated August 10, 1988, and WHEREAS said application was referred to the Southotd 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 November 17, 1989 at which time all interested persons were given an opportunity to be heard, and WI~EREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, THE Board considered all testimony and documentation submitted concerning this application, and WHEREAS, the project as proposed will not effect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED, that Proper-T Services on behalf of Robert E. Mitchell be and hereby is granted permission to constr~ct a 12' x 4' walkway, a 16' x 6' floating dock and install 2 two-pile dolphins to secure floating dock, with a stipulation that walkway be elevated 4' above grade level. The property is located on Oakwood Drive, Southold, N.Y. This permit will expire two years from date it is signed if work has no~ commenced by said date. There are two inspections required and the Trustees are to be notified upon completion of work. Vote of Board: Ayes All - Resolution Adopted. EN-CONSULTANTS ON BEHALF OF CHRISTOPHER CONNORS - Moved by Frank Kujawski, second by Henry Smith, WHEREAS, En-Consultants in behalf of Christopher Connors applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinanceof the Town of Southold, application dated 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 the said applications on November 17, 1988, at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have viewed and are personally familiar with the premises and surrounding are, and WHEREAS the Board has considered all of the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed needs further information and evaluations, NOW, THEREFORE BE IT, RESOLVED that the application request of En-Consultants on behalf of Christopher Connors be closed. Vote of Board: Ayes; All.