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.