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HomeMy WebLinkAboutTR-12/15/1988FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOItN L. BEDNOSKI, JR. HENRY P. SI~IITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 MINUTES December 15, 1988 WORK SESSION: 6:09 P.M. A work session of the Boar~ of Trustees was held at 6:00 PM on December 15, 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. Clerk Joan Schneider NEXT REGULAR MEETING: 7:00 PM, Thursday, January 26, 1989. FIELD INSPECTIONS: 12:00 PM Thursday, January 19, 1989. Moved by Henry Smith, second by John Bednoski, Jr., it was RESOLVED to approve above dates and times for January meeting and Resolution adopted inspections. Vote of Board: Ayes; Ail I. II. Approval of August 25, 1988 Minutes. Motion to accept John Bredemeyer, second Albert Krupski. Vote of Board: Ayes; All APPROVAL January mooring renewals. Albert Krupski, motion, Frank Kujawski, second, Vote of Board: Ayes; All - Resolution adopted. III. Monthly report for November 1988: $3,626.00 received and sent to the Supervisor's office for the General Fund. Receipts include mooring renewals, waivers, permit fees, and 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. IV. COMMUNICATIONS: Gigi Spates re: Angel Shores , freshwater pumps Raoul C. Psaki, re: Angel Shores , freshwater pumps Mattituck Chamber of Commerce comments in support of Carey Tank Farm purchase. 4. NFEC Re: Critical Enviror~ent Area designation. Requesting the Board to designate all of our Town Creeks as CEA. This has been discussed by the Board. Designation is not for those creeks which have been subject to development and marina activity. This designation is to preserve those creeks that we believe are the mos~ pristine and the most healthy, this designation is a way for us to distinguish them as well as other people. It may be something we would consider in the future. John Wohtberg re: deteriorating bulkhead on Jockey Creek Bridge. will James Manes re: comments on SEQP~ Hearing on Christopher Conners application. There are still 2 more days that the Board will accept comments on the DEIS. The calendar would place it next month to be accepted as final and then we wait for the DEC to take action. 7. Maureen Davidson on the Conditional Shellfishing program. Edward Tasjian re: constr~ction of deck. To be reviewed by the Board· 9. Dorothy A. Phillips re: The Cove and Angel Shores water. t0. Bo Laing Associates re: Marina Bay Club. They would like us to coincide our Hearing with the Lead Agency, (Planning Board), Hearing which will be Monday night at 7:30 PM. 11. Christopher Conners re: James Manes. 12. William B. Warner for Salt Lake Association re: expansion of marina facilities. V. LEAD AGENCY: Gustave Wade application to construct bridge and house, access over Town Trustee land. FRANK KUJAWSKI: Mr. Wade, we have been reviewing the file during the past month and consulting with the Town Attorneys. It appears that in a previous handling by the Trustees of this application, at that time it was for an easement to cross Trustee land, our findings when we denied that application were conclusive and would not change at this time. It was the feeling of the Town Attorneys and this Board that since we have already denied that section of the permit at that time, that in the interest of the Trustees, the people, and your own interest it would be better for us to deny the application at this time also for the same reasons that go back to 1983. That would allow the Courts, if you so choose, to settle the question as to whether an easement should be granted. Do you have any comments? GUSTAVE WADE: As I pay taxes on that land to the Town of Southold, do I have any rights to do anything with this land. FRANK KUJAWSKI: I do not see why I should be answering these questions where the answers are so obvious. I am intending to make a motion shortly, I just asked if you have any comments as to how this Board should proceed. GUSTAVE WADE: My questions pertain to my application. Did your Board request us to apply for the bridge and house at the same time and not to segment it? We were lead to believe that you wanted it in one application instead of two. FRANK KUJAWSKI: Yes we did. It is all one project. GUSTAVE WADE: You are then denying my house and the bridge. FRANK KUJAWSKI: I am denying you application, specifically the bridge portion of it for the same reasons that it was denied back in 1983. I am going to ask this Board tonight if they are still in agreement that what stoOd 5 years ago is still standing now? We unanimously came to this conclusion and we stated a list of reasons as to why this was the right answer, you did contest it in court, a Judge has agreed with us, it would be foolish on our part to say now, five years later, that things are different, they are not different, it is still Trustees land. GUSTAVE WADE: We are not asking you now to give us anything other than aerial easement over the property that you own. FRANK KUJAWS¥~: We denied an easement. GUSTAVE WADE: The application of 1981 was for a fee simple deed so that I could drive across your land. This an application for an aerial easement spanning your land. There is certainly a drastic difference between the two. FRANK KUJAWSKI: I do not feel that is so. GUSTAVE WADE: What about Jim Gray's bridge on Bridge Lane? FRANK KUJAWSKI: t do not recall that. ALBERT KRUPSKI: Is that over public or private bottom? GUSTAVE WADE: It is your land. ALBERT KRUPSKI: I do not think so, the property owners apparently have title or the DPW would not dredge the mouth of that inlet. FRANK KUJAWSKI: I am sure that once again you will go to court and a Judge will decide whether or not you have a legitimate right to an easement across our land. The point is that if we began this project by declaring Lead Agency tonight, next month we would begin an assessment. In a Critical Environment area such as this, and the type of project that you are proposing, I have no doubt that it would be a Type 1 project, which would require a very lengthy and expensive EIS. This could drag on for another year and at considerable expense to yourself. After that's over and the Hearing is held on that document, it will go to a Hearing with this Board, after Hearings have been done with the DEC and everyone else, and find out that this Board denied the application. What I am proposing is that this application should be denied tonight , before any further time and expense is spent on it. GUSTAVE WADE: Why didn't I then apply to you with two separate applications? One for the bridge, deny me that one, and a separate one for the house, and find out if the sentiment of the Board is that I do have a right to build a house on that property. FRANK KUJAWSKI: I don't think we could reasonably evaluate whether a house and sanitary system could go there unless we knew how you were going to get there, maybe it would be by boat, you may want to do that. I would think you would want to settle the easement question first. GUSTAVE WADE: Ail I really want to do is build a house and the desire to build a house on my property, that I pay taxes on, and is in single and separate ownership and meets all of the requirements of a building lot in the Town of Southold. The ZBA said I don't meet §288 of the Town Code, and that I need access. I want to find out if I can have access. Can I build a house on my property? FRANK KUJAWSKI: Probably that will be detezminedby a series of lengthy hearings and an EIS and what happens to the Trustees land. Sand is a rare CO~L,L,odity right now in this Town. I have a picture found in a camera recently, the date is 1960, and it shows what the use of this property was, at the foot of East Road, prior to its being filled in. This Board has been considering the fact that possibly the sand should be removed from our land, and sold to the highest bidder. GUSTAVE WADE: What direction do I go in? Do I s~],~it a new application to you this week for the house and forget about the bridge? FRANK KUJAWSKI: If that is your choice. If the sand is removed from our land, I don't know how that would effect the sanitary system, etc. JOHN HOLZAPFEL: The DEC permit that you have, has it expired? That is what I' was told within the last week or two, I called the DEC and was told it had expired. GUSTAVE WADE: No it has not expired. FRANK KUJAWSKI: I will make a motion to deny this application o WHEREAS Gustave J. Wade by application dated August 31, 1988, applied to the Board for permission to build a bridge over Trustee property at the end of East Road, Cutchogue, N.Y., AND WHEREAS by a previous application received by the Trustees on February i6, 1983, Gustave J. Wade applied for an easement across the same land, AND WHEREAS after a public hearing in 1983, the application was denied by the Trustees based upon several pertinent findings and determinations, I would move that this Board DENY this application for a bridge, tonight, before it enters the SEQRA process, Second Albert Krupski, Vote of Board: Ayes; All. (John Bredemeyer absent). 2. En-Consuttants for Nicholas Theorides to construct dock, walk float and pilings, at Maple Avenue, Southold. Do we have a motion to take Lead Agency. Albert Krupski, so moved, John Bednoski, second. Vote of Board: Ayes; Ail. JOH~ HOLZAPFEL: Frank, did you get the responses from the DEC on that. The DEC had 5 or 6 question to be answered before they would consider it, the CAC tabled it because we had the same questions. FRANK KUJAWSKI: Do you mean their concerns about the impact to shellfishing? We received a request from the DEC to take the lead on this as a local project, but I am not so sure the questions asked by the DEC have been answered. 3. J.M.O. Consulting for J. Trataros to construct catwalk, ramp and float, 2 mooring poles on property located on R.O.W. off Main Road, East Marion. Motion to accept Lead agency, Frank Kujawski, second, second, Henry Smith, Vote of Board: Ayes; All. 4. Eh-Consultants for Monica Kenny, et al., to replace bulkhead on property in Reydon Shores, Southold. This is a group of property owners in Reydon Shores. Motion to accept lead, Albert Krupski, second Frank Kujawski, Vote of Board: Ayes; All. 5. J.M.O. Consulting for Laughing Waters Property Owners Association to replace bulkhead, dredge, construct shed on property located on Minnehaha Blvd., Southold. Motion to take lead on bulkhead replacement, dredging to be done later, John Bredemeyer, second, Albert Krupski, Vote of Board: Ayes; All. 6. En-Consultants for William Corwin to construct deck on property loCated on New~ Suffolk Ave., New Suffolk. Motion to take lead, John Bednoski, second, Albert Krupski, Vote of Board: Ayes, All. 7. En-Consultants for Frederick Krug to construct bulkhead, ramp, piles, dredge on property located on Budd's Pond Road, Southold. Motion to accept lead, John Bednoski, second, Frank Kujawski, Vote of Board: AYes; All. 8. En-Consultants for Geoffrey Penny to construct retaining wall, dredge on property located at 570 Mason Drive, Cutchoque. Motion to accept lead, Frank Kujawski, second, Albert Krupski, Vote of Bosrd: Ayes; All. 9. En-Consultants for Marie Nersoyan to replace bulkhead, stairway, fixed dock and walk on property located on Mesrobian Drive, Laurel. Motion to take lead, Frank Kujawski, second Albert Krupski Vote of Board: Ayes; All. ' I0. Frank and Antoinette Notaro for construction of stairway, catwalk, ramp, float and dredge, property located on Calves Neck, Southold. Motion to accept lead, Frank Kujawski, second John Bednoski, Vote of Board: Ayes; All. 11. Proper-T Services for Ira Wechterman, to construct dock, walkway, ramp, floating dock, at property located at 630 Oak Street, Cutchogue. Motion to accept Lead Agency, Frank Kujawski, second~ Albert Krupski, Vote of Board: Ayes, All. VII. NEW APPLICATIONS: t. En-Consu!tants for Lew Edson, to construct single family dwelling on property located on Cedar Point Drive West, Southold. Motion to accept as incomplete application, Frank Kujawski, second Albert Krupski, Vote of Board: Ayes: Trustees Krupski, Bednoski, President Kujawski, Trustee Smith abstained. 2. En-Consultants for Gerald Wood to construct dock and walk on property located on HolbrOok Lane, Mattituck. Frank Kujawski, motion to accept as incomplete application with following co~mL~ents: Project as submitted is too long, should be some method to control, possibly a berm to retain lawn runoff into Creek, second Albert Krupski Vote of Board: Ayes, All. ' ' 3. Environmental Nurseries, Conni Cross, to install two bermed areas at entrance to Nassau Point. Motion to accept as incomplete application, Frank Kujawski, second, Henry Smith, Vote of Board: Ayes, All. 4. En-Consuttants for Kenneth Rathgeber to remove and replace bulkhead, and backfill on property located on Nassau Point Road, Cutchogue. Motion to accept as incomplete with suggestion that replacement be in line with adjacent property owners structures, second, Albert Krupski, Vote of Board: Ayes, All. 5. Joseph Verwayen to construct dock, catwalk, ramp and 2 floats, on property located at 2750 Glenn Road, Southold. Motion to accept as incomplete application, Frank Kujawski, second Henry Smith Vote of Board: Ayes, All. ' ' VII. ASSESSMENTS: 1. Robert Simon, construction of single family dwelling on R.O.W. off Indian Neck Lane, Peconic. Concern of Trustees and John Holzapfel of the C.A.C. is drainage of cesspool into wetlands, Richmond Creek. Letter to Health Department with copy of local ordinance in relation to Health Department permit. 2. Kenneth Rock, replacement of bulkhead, dredging, on property located at 1200 Broadwaters Road, Southold. Motion to assess as Type 1, Frank Kujawski, second, Albert Krupski, Vote of Board: Ayes, All. 3. Proper-T Services for Paul Ferdenzi to construct catwalk, float, ramp and 2 piles on property located on Cedar Point Road West, Southold. Motion to assess as Type 2, Frank Kujawski, second, Henry Smith, Vote of Board: Ayes, Ail. VIII. WAIVERS 1. Kenneth Miller for Robert Betston to install Bilco door and retaining wall on property located at 3560 Old Jule Lane, Mattituck. Motion to approve Frank Kujawski, second, Henry Smith, Vote of Board: Ayes; All. 2. Raymond Nine for Walter Silbernagel to landscape property located at 1600 Bridge Lane, Cutchogue. Motion to approve with stipulation that measures be taken to prevent erosion into creek, Albert Krupski, second, John Bednoski, Vote of Board: Ayes; Ail. 3. Fred Gromadzki to construct storage shed on property located at 1070 Village Lane, Mattituck. Motion to approve, Frank Kujawski, second, Henry Smith, Vote of Board: Ayes; All. 4. James J. Campbell, deck construction on property located on Rambler Road Extension, Southold. Motion to approve, Frank Kujawski, second, Henry Smith, Vote of Board: Ayes; All. IX. Discussion of Fee Schedule for 1989 held over to January 26, 1989 meeting. X. Discussion of Trustee Clerk position. Appointment of Joan Romanowski as a Clerk to the Trustees, Motion to accept, Joh~ Bednoski, second Albert Krupski, Vote of Board: Ayes; Trustees Bednoski, Smith and Krupski, President Kujawski, abstained. Frank Kujawski motion to adjourn meeting at 8:30 P.M., second Henry Smith, Vote of Board, Ayes, All. Meeting adjourned. J Clerk- Trustees