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