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HomeMy WebLinkAboutTR-01/29/1987BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JANUARY 29, 1987 7:00 P.M. - Regular Meeting The regular meeting of the Board of Town Trustees was held on January 29, 1987 at the Town Hall, Main Road, Southold. President Henry P~ Smith opened the meeting at 7:00 P.M. PRESENT WERE: President Henry P. Smith Vice President John M. Bredemeyer, III Trustee Ellen M. Larsen Trustee Phillip J. Goubeaud Trustee Albert Krupski Bay Constable Donald Dzenkows~i Secretary Ilene Pfifferiing Trustee Smith advised that the next regular field inspection will be held on February 19, 1987 to commence at lf:O0 P.M., weather permitting, and the date for the next regular meeting will be held on February 26, 1987 at 7:00 P.M weather permitting. '' TELEPHONE f516) 765-1892 Moved by TrusteeBredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the minutes of the DECEMBER 23, 1986 regular meeting. Vote of Board: Ayes: This resolution was declared duly adopted Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the minutes' of the JANUARY 8 1987 SPECIAL MEETING. Vote of Board: Ayes: All ' This resolution was declared duly adopted. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the MARCH 1987 MOORING RENEWALS. Vote of Board: Ayes: This resolution was declared duly adopted. Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED that a Special Work Session will be held on Tuesday, February 24, 1987 at 7:30 P.M. to review the record regarding the Thommm Cramer Wetland Application. This meetin~ will be held at the Town Hall, Main Road, Southold. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - January 29, 1987 Page 2. Trustee Smith gave the Trustees Monthly Report for December 1986 as follows: Application Fees $25.00, Wetland Application Fees $1400.00, Wetland Inspection Fees $15.00, Docks/Bulkhead Fees $227.00 and Mooring Renewal Fees $65.00 for a total of $1732.00 collected and turned over to the Supervisor's office to be placed in the General Fund. Trustee Smith reported that a total of $16,725.00 was collected for 1986. (Total of all application fees, Inspection Fees, Mooring Renewals, etc.) Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the monthly report for December 1986. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to APPROVE the Yearly Report for 1986. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith reported that the Public Notices were published on the Town Clerk's Bulletin board if anyone wished to review them. Trustee Smith commenced with agenda item number three, Communications. COI~UNICATIONS: 5e From Winds Way Building Corp. a notice to subdivide property. Trustee Smith asked if anyone had any comments? No response. From Chesterfield Associates, Inc. a transmittal regarding property on Orchard Street, Orient. Trustee Bredemeyer reported that they will be completing their project. From Thomas W. Cramer regarding property on Meadow Lane, Mattituct. From Robert Thurber, New York State D.E.C. regarding Richmond Creek Association. From Dennis W. Cole, Senior Environmental Analyst, N.Y.S.D.E.C. regarding Donald E. Brennan, request for status of application. Trustee Smith advised that information has been requested regarding this application, which has not been submitted as yet. Thomas W. Cramer on behalf of Peter & Barbara Herz; long Environmental Assessment Form submitted for their application. Laughing Water Property Owners Association, In~. regarding the wetland Application of Elizabeth Yaro. Trustee Smith advised that this communication has been placed in the file. From John Wickham regarding information requested by the Trustees on his proposed project. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to AMEND the Wetland Application submitted by John Wickbmm to include the request to armor the dike in two locations, as per his plan, property is located off of Grathwohl Road, New Suffolk. Vote of Board: Ayes: AIl This resolution was declared duly adopted. Board of Trustees - January 29, 1987 Page 3. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. From New York State D.E.C. Public Hearing Notice regarding adoption of regulations governing the selection and acquisition of l~nd unde, Title 7 of the Environmental Quality Bond Act (EQBA) 1986., February 17, 1987 - Regidn I - 2:30 P.M. & 7:30 P.M., Jacob Javits Lecture Center, Rm. 100, SUI~Y, Stony Brook. Trustee Bredemeyer advised he will attend. From John H~ Thatcher, Jr., President of Fishers Island Conservancy requesting copies of all Fishers Island applications. ~'rom ~eorge p. ~. Lamborn requesting intormation ~rom his filE. From Robert Bennett regarding the Thomas Cramer Wetland Application. From DennisW. Cole, New York State D.E.C. regarding the application of Robert N. Durso, Application No. 435. The Trustees requested additional information regarding the sanitary system and the well on this application. From Szepatowski Associates, Inc. Lisa B. Marino, Environmental Pl~nne~ regarding Waterfront Revitalization, and a meeting scheduled for Monday, February 2, 1987 at 7:00 P.M. at Town Hall, Main Road, Southold. From Dennis W. Cole, New York State D.E.C. regarding the Wetland Applicatio,, of Paul Ferdenzi. From New York State D.E.C. Deputy Regional Permit Administrator, Clifford C. Wray, Jr. regarding the Application for Sal Caiola. From Dennis W. Cole, New York State D.E.C. regarding the Wetland Application for James Small. The Trustees have requested a Draft Impact Statement on this application. From Herbert L. Ortner regarding the Prieto property in Southol~l. From Wilhelm H. Frank requesting reconsideration on his applicatio~ to construct the bulkhead to be in line with the adjacent bulkhead to the North and South. The Trustees advised that they will reconside~ his request if he submits an application for the dredging proposed to reflect the entire scope of the project. 20. A request by David E. Kapell agent for Sue Hanauer and Joan Bagley f,r an extension on Permit No. 202. Previous extension was granted. Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED to APPROVE the request made by Kavid E. Kapell on behalf of Sue Hanauer and Joan Bagley for an extension on their Wetland Permit No. 292 with the provision that the permit will expire with the Building Dept. Permit on July 23, 1987 and that there will be no further extension~; on this permit. Vote of Board: Ayes: Ali This resolution was declared duly adopted. The Trustees commenced with the Resolutions until 7:30 P.M. RESOLUTIONS: 1. MARGARET MCNAMARA - LEAD AGENCY DECLARATION Moved by Trustee Bredemeyer secon&ed by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Margaret McNamara for a Wetland Permit on certain property located at 640 Takaposa Road Southold. 1. Vote of Board: Ayes: AIl ' This resolution was declared duly adopted. Board of Trustees - January 29, 1987 Page 4. 2. PETER AND BARBARA HERZ - TABLED Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED to TABLE the Wetland Application No. 446 for Peter and Barbara Herz pending another inspection by the Trustees. 2. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith advised Mrs. Patricia Moore, agent for Peter and Barbara Herz that the Board would not have a problem with the application as long as the house is set back in line with the house directly to the South. MATT-A-MAR MARINA - APPROVAl. Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees APPROVE the Trustee Permit for Matt-A-Mar Marina as per the application with the provision that the dinghy dock areas on the North and South will be marked, and that the gas dock is to extend 10' from the present_gas dock. Vote of Board: Ayes: Ali This resolution was declared duly adopted. 4. PAUL T. CANALIZO - WITHDRAWAL OF APPLICATION NO. 27] Moved by Trustee Larsen secondmd by Trustee Bredemeyer WHEREAS, on August 1, 1985 the Southold Town Trustees declared a Significant Environmental Determination on the Wetland Application No. 271 submitted by Paul T. Canalizo, and WHEREAS, a Draft Environmental Impact Statement was requested on said application, and WHEREAS, a Draft Environmental Impact Statement has not been submitted to the Trustee Office for review, NOW, THEREFORE, BE IT RESOLVED that the Southold Town Trustees be and hereby consider the Wetland Application No. 271 submitted by Mr. Paul T. Canalizo withdrawn 4. Vote of Board: Ayes: Ail ' This resolution was declared duly adopted. RITA GLEDICH - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, Rita F. Gledich applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 6, 1986, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and Board of Trustees - January 29, 1987 Page 5. WHEREAS, a public hearing was held by the Town Trustees with respect to said application on December 23, 1986 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 premSses 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 not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Rita F. Gledich BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO. construct dwelling and deck additions to existin8 structure, sub'~ect to the followin~ me 6e conditions: Approval from the Suffolk County Dept. of Health Services and plan submitted and approved by the Town Engineer for containment of run off from impervious structures on the sit~. Property is located at 450 Oak Street, Cutchogue. This permit will expire on January 29, 1988 if the work.has not commenced by said date. The~ are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuan~_c__e.of said permit by the Clerk, the applicant will file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in suck amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered s determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All This resolution was declared duly adopted. COVE PROPERTIES - WETLAND APPLICATION NO. 419 - WITNnRAWAL Moved by Trustee Smith seconded by Trustee Bredemeyer Whereas, the Wetland Application No. 419 submitted by the Land Use Company on behalf of the Cove Properties was tabled pending additional information regarding the location of the subject premises on August 28, 1986, and WHEREAS, by letter dated January 2, 1987 the Land Use Company has requested to withdraw said application NOW, THEREFORE, BE IT RESOLVED that the Southold Town Trustees be and hereby consider the Wetland Application No. 419 submitted by the Land Use Company on behalf of the Cove Properties withdrawn. Vote of Board: Ayes: This resolution was declared duly adopted. Board of Trustees - January 29, 1987 Page 6. HENRY STASIUKIEWICZ - LEAD AGENCY DECLARATION - APPLICATION NO. 499 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Henry Stasiukiewicz for a Wetland Permit on certain property located on Cases Lane, Cutchogue. Vote of Board: Ayes: Ail This resolution was declared duly adopted. President Smith called for a recess at 7:31 P.M. so that the Public Hearings on the Wetland Applications could be held as follows: 7:30 P.M. - In the matter of the application of Thomas W. Cramer to construct a 1545 sq. ft. two story frame single family residence with attached garage, deck, well and sanitary system. -Property is located on Meadow Lane, Mattituck. 7:32 P.M. - 7:34 P.M, - 7:36 P.M. - 7:38 P.M. - 7:40 P.M. - 7:42 P.M. - 7:44 P.M. - In the matter of the application of Henry E. Raynor, Jr. om behalf c~f_A!fr~d W. Cooke to restore pre-existing floats and pilings om property located on Mill Road, Mattituck. In the matter of the application of the Land Use Company on behalf of Henry Steffens to reconstruct approximately 100' of timber bulk- head in kind and in place and to backfill structure with approx. 250 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Peconic Bay Blvd., Laurel. In the matter of the application of the Land Use Company on behalf of Howard Brush to reconstruct within 18" approximately 75' of timber bulkhead and to backfill said structure with approximately 25 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Peconic Bay Blvd., Laurel. In the matter of the application of Joan Von Eiff to comstruct a private dock on property located at 405 Pine Neck Road, Sout~old. In the matter of the application of the Land Use Company on behalf of Jacqueline Grassi to reconstruct within 18" approximately 70 lin. ft. of timber bulkhead and to backfill structure with approx. 25 cu. yds. of clean sand to be trucked in from an upland source, l~roperty is located on Peconic Bay Blvd., Laurel. In the matter of the application of The Land Use Company o~be~alf of Dr. Richard S~ Laskin to construct a catwalk, ramp and float dock. Property is located at 670 Holbrook Lane, Mattituck. In the matter of the application of Costello Marine Contracting Corp. on behalf of Joseph Sucher to maintenance dredge 150 cut yds. of spoil and to dispose at an upland siCe% Property is located on Dawn Drive, Greenport. Board of Trustees - January 29, 1987 Page 7. 7:46 P.M. - In the matter of the application of John H. Geideman on behalf of John C. Diller to construct a retaining wall 15' landward from bulkhead. Property is lo~ated on Peconic Bay Blvd., Laurel. 7:48 P.M. - In the matter of the application of Arthur Siemerling on behalf of Larry Stahl and Sandy Stahl to install a swimming pool with a deck and fence on property located at 1435 West Road, Cutchogue. 7:50 P.M. - In the matter of the application of Harold Wilsberg to clear land of small brush. Property is located on Ole Jule Lane, Mattituck. 7:52 P.M. - In the matter of the application of Louise Tashjian to construct a private dock on property located at 4955 Stillwater Avenue, Cutchogue. 7:54 P.M. - 7:56 P.M. - In the matter of the application of John H. Geideman on behalf of David Metz to construct 150~ lin. ft. of bulkhead with one 8' return, a decka nd 4 floats. Repair existing dock adding a 25' catwalk and a 10' ramp. Deck to be at lawn level and to fill with 30 cu. yds. of fill for grading in back of bulkhead. Property is located on Robinson Road, Greenport. In the matter of the application of John Wickham to rebuild a dike using only material washed away from dike, add~a wing wall to head wall and to armor. Property is located on Grathwohl Road, New Suffolk, New York. It is noted for the recored that this hearing was opened and recessed. The regular meeting resumed at 8:28 P.M. and the Trustees commenced with the approvals of the Wetland Applications as follows: THOMAS W. CRAMER - APPLICATION NO. 312 Moved by Trustee ~redemeyer seconded by Trustee Larsen it was RESOLVED that the'Trustees will hold a Special Work Session on Tuesday, February 24, 1987 at 7:30 P.M. at the Town Hall~ Main Road, Southold review the entire record in the matter of the application of Thomas W. CrameL for a Final Impact Statement. Vote of Board: Ayes: This resolution was declared duly adopted. Board of Trustees - January 29, 1987 Page 8. ALFRED COOK - APPLICATION NO. 472 - APPROVAl, WHEREAS, Henry E. Raynor, Jr. on behalf of Alfred W. Cooke applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 11, 1986 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Henry E. Raynor, Jr. on behalf of Alfred W. Cooke BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct floats to be 6' x 20' to run parallel to an existing bulkhead for the length of the easterly property line ±650 ft., and to reconstruct a "T" float 8' x 40' to be secured by spilings and ramp all in accordance with the application submitted. Property is located on Mill Road, Mattituck. This permit will expire on January 29, 1988 if work has non commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ali This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 9. HENRY STEFFENS - APPROVA~ - APPLICATION NO. 468 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Henry Steffens applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 31, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the~-~B°ard has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Henry Steffens BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Reconstruct approximatelt 100' of timber bulkhead in kind and in place and to backfill with approximately 250 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Peconic Bay Blvd., Laure. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - l~his resolution was declared duly adopted ~oard of Trustees - January 29, 1987 - Page 10. HOWARD BRUSH - APPROVAL - APPLICATION NO. 469 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Howard Brush applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application~ dated October 31, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that the Land Use Company on behalf of Howard Brush BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO- Reconstruct within 18" approximately 75' of timber bulkhead and to backfill said structures with approx. 25 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Peconic Bay Blvd., Laurel. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. ~ Moard of Trustees - January 29, 1987 - Page 11. JOAN YON EIFF - APPROVAL - APPLICATION NO. 470 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Joan Von Eiff applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 5, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Joan Von Eiff BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SDUTHOLD TO: construct a dock consisting of a 4' wide pier including a 3' ramp to an 8' x 12' float. This permit is issued with the provision that the catwalk is constructed 4' landward and 4' West off of the Spartina. Property is located at 405 Pine Neck Road, Southold. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. · ~ ~oard of Trustees - January 29, 1987 - Page 12. JACQUELINE GRASSI - APPROVAL - APPLICATION NO. 473 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Jacqueline Grassi applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 10, 1986, 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 January 29, 1987 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 has considmred all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Jacqueline Grassi BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: reconstruct within 18" approximately 70' of timber bulkhead and to backfill said structure with approximately 25 cu. yds. of clean sand to be trucked in from an upland source. Property is located on Peconic Bay Blvd., Laurel. This permit will expire on January 29, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. ' ~Board of Trustees - January 29, 1987 - Page 13. DR. RICHARD S. LASKIN - ~PPROVAL APPLICATION NO. 46~ Moved by Trustee Bredemeyer seconded by Trustee Goubeaud W~EREAS, The Land Use Company on behalf of Richard S. Laskin applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 23, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of th~ town, NOW, THEREFORE, BE IT RESOLVED that The Land Use Company on behalf of Dr. Richard S. Laskin BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a 3' x 16' float dock with a 3' x 64' catwalk and 3' x 16' ramp to be constructed a minimum of 4' over the marsh. Property is located at 670 Holbrook Lane, M~ttituck. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopte,l. Board of Trustees - January 29, 1987 - Page 14. JOSEPH SUCHER - APPROVAL - APPLICATION NO. 465 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Costello Marine Contracting Corp. on behalf of Joseph Sucher applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 5, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Costello Marine Contracting on behalf of Joseph Sucher BE ~q]) HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO' Maintenance dredge 150 cu. yds. of material offshore of existing bulkhead to 6' below MLW. Dredge spoil will be disposed at an upland site. Property is located on Dawn Drive, Greenport. Thiss permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Trustee Smith, Trustee Bredemeyer, Trustee Goubeaud, Trustee Krupski - Abstained: Trustee Larsen - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 15. JOHN C. DILLER - APPROVAL - APPLICATION NO. 466 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, John H. Geideman on behalf of John C. Diller applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 7, 1986, and WHEREAS said application was referred to the Sonthold 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that John H. Geideman on behalf of John C. Diller BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a retaining wall 15' landward from bulkhead to be 105' long. Property is located on Peconic Bay Blvd., Laurel. This permit~will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 16. LARRY AND SANDY STAHL - APPROVAfb - APPLICATION NO. 477 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Arthur Siemerling on behalf of Larry and Sandy Stahl applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 11, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Arthur Siemerling on behalf of Larry and Sandy Stahl BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Install a swimming pool with deck and fence with the provision that hay bales are used to avoid run off; put in more plantings as used elsewhere on the property. The Bay Constable is to do frequent inspections during construction. Property is located at 1435 West Road, Cutchogue. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 17. HAROLD WILSBERG - APPROVAL - APPLICATION NO. 434 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Harold Wilsberg applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 8, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Harold Wilsberg BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: clear land of small brush. A 50' buffer zone from the water back landward into the property is to be maintained. The Trustees will permit the judicious removal of poision ivy by mechanical means. Contact the Trustee office should you have any questions regarding this matter. The Trustees will allow a 4' pathway to the water to be maintained. Property is located on Ole Jule Lane, Mattituck. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 18. LOUISE TASHJIAN - APPROVAL APPLICATION NO. 449 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, Louise Tashjian applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 17, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Louise Tashjian BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct a dock consisting of a 60' x 4' walkway, a 12' x 4' ramp and a 12' x 8' float. Property is located at 4955 Stillwater Avenue, Cutchogue. This permt will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. · ' Board of Trustees - January 29, 1987 - Page 19. DAVID MER2 - APPROVAL - APPLICATION NO. 445 Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, John Geideman on behalf of David Metz applied to the Sonthold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 2, 1986, 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 January 29, 1987 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that John Geideman on behalf of David Merz BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: construct 150± lin. ft. of bulkhead with one 8' return, a 10' x 24' deck and 4- 20' x 6' floatS. Repair existing dock adding a 25' catwalk to a 10' ramp to eliminate stairs. Construct a 10' x 25' deck at lawn level and to fill with 30 cu. dys. of fill for grading in back of bulkhead. Property is located on Robinson Road, Greenport. This permit will expire on January 29, 1988 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 20. JOHN WICKH~M - ~PPLICATION NO. 487 In the matter of the application of John Wickham the Board opened the hearing and recessed same pending the Commenns from the Conservation Advisory Council. 8. ROBERT E. & EILEEN M. JOHNSON - APPLICATION NO. 485 Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Sou thold Town Trustees RESCIND their Lead Agency Declaration declared on the application for Robert E. Johnson to construct a 20' x 22' extension to his residence located at 430 Koke Drive & Corey Creek Road, Southold, and Be it further RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for Robert E. Johnson for the construction of a 20' x 22' extension to his residence located at 430 Koke Drive, & Corey Creek Road, Southold. 8. Vote of Board: Ayes: Trustee Smith, Trustee Bredemeyer, Trustee Goubeaud Trustee Krupski - Abstained; Trustee Larsen - This resolution was declared duly adopted. 9. JEANNE P. MARRINER - APPROVAL Moved by Trustee Krupski seconded by Trustee Bredemever it was RESOLVED to APPROVE the request made by Jeanne P. Ma~riner to place an offshore mooring in James Creek, Mattituck using private property as access, with the provision that the boat will not swing into any other boat or impede navigation. 9. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 10. JOHN F. detLEEDER - APPROVAL Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED to APPROVE the request made by John F. deReeder to place an offshore mooring in James Creek, Mattituck using private property as access with the provision that the boat will not swing into any other boat or impede navigation. 10. Vote of Board: Ayes: All This resolution was declared duly adopted. Mr. Richard Cantwell appeared before the Trustees regarding work that was being done on property in Orient without a Wetland Permit. The Bay Constable reporter that a Notice of Violation has been issued and that the matter will be reviewed by the Trustees upon submission of a Wetland Application as directed in the Notice of Violation. 23. PAUL FERDENZI - APPLICATION NO. 476 Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED to TABLE the Wetland Application No. 476 for Paul Ferdenzi pending further inspection by the Trustees. 23. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - January 29, i987 - Page 21. 11. i1. JOHN DEMPSEY - APPROVAL - APPLICATION NO. 456 Moved by Trustee Larsen seconded by Trustee Goubeaud WHEtLEAS, Eh-Consultants, Inc. on behalf of John R. Dempsey applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 16, 1986, 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 December 23, 1986 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 has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Eh-Consultants, Inc. on behalf of John R. Dempsey BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a timber dock consisting of a 4' x 16' hinged ramp and a 6' x~20'fflo~t~secured by (2) 8" pilings. Property is located on Ole Jule Lane, Mattituck, This permit will expire on January 29, 1988 if work has ~ not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered'a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: Ail This resolution was declared duly adopted 12. ERNEST TA~IN - LEAD AGENCY DECLARATION - APPLICATION NO.488 12. Moved by Trustee Bredemeyer seconded by Trustee Smith it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Ernest Tarmin for a Wetland Permit on certain property located on the North side of Main Road, Orient. Vote of Board: Ayes: Ail - This resolution was declared duly adopted Board of Trustees - January 29, 1987 - Page 22. 13. CHENG YU - ENVIRONMENTAL ASSESSMENT - APPLICATION NO. 471 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer the following environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONM~.NT Date.: January 29, 1987 APPLICATION NO.: 471 N~E: EN-CONSULTANTS, INC. ON BEHALF OF ~HENG YU This notice is issued pursuant to the provisions of Article 8 of the En~ronmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type DESCRIPTION OF ACTION:Appellant proposes to construct a stone revetment 200± lin. ft. with (2) 20' returns. Revetment will be approx. 12' from toe of bluff & landward of ~pring H.W. approximately 300 cu. yds. of clean fill will be trucked in for backfill. CONDITIONS: Adherence to the Suffolk County Soil & Water Conservation District comments and recommendations. LOCATION OF PROJECT: a R.O.W. off of Oregon Road, Cutchogue 13. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: Ail'- This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 23. 14. 14. FREDERICK HRIBOK - WAIVER APPROVAI, Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees APPROVE the request for a WAIVER of the Wetland Ordinance as requested by Patricia Co Moore on behalf of Frederick Hribok to add a second story balcony to be constructed to a length of 17 ft. and to be 4 ft. wide. Property is located at 3 Carol Road, Southold subject to the following Provisions: 1. Roof run off shall be discharged into dry wellS. 2. Care shall be taken So as to preclude the entry of any construction material into adjacent waters. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Larsen left the room. 15. COSTELLO MARINE CONTRACTING CORP, ON BEWALF OF NICK TSOURIS - APPLICATION NO. 49] Moved by Trustee Smith seconded by Trustee KrUpski it was 15. RESOLVED that the Southold Town Trustees DENY the request made by Costello Marine on behalf of Nick Tsouris for a WAIVER of the Wetland Ordinance to armor 125' of eroded bluff with 3-4 ton rock @ 3 ton/lineal foot. To install core stone and filter cloth base 1' below MLW and 5' seaward of 3 ton toe stone. Install 2-24' returns at each end of property located off of Kenny's Road, Southold, and Be it*~Further RESOLVED that the Southold Town Trustees declare itself Lead Agency on the Wetland Application submitted by Costello Marine on behalf of Nick Tsouris to armor 125' of eroded bluff with 3-4 ton rock @ 3 ton/lineal foot. To install core stone and filter cloth base 1' below MLW and 5' seaward of 3 ton toe stone. Install 2-24' returns at each end of property loCated off of Kenny's Road, Southold, and Be it Further RESOLVED that the Southold Town Trustees authorize an Emergency Repair Permit to Costello marine Contracting Corp. on behalf of Nick Tsouris (for the above work) with the provision that if there is any damage to the property on the East or West that the owner will be notified to correct same including total removal of the structure. Vote of Board: Ayes: T~dstees Smith, Bredemeyer, Goubeaud, Krupski-Abstained: Larse~ This resolution was declared duly adopted. 16. GEDDES PARSONS - LEAD AGENCY DECLARATION RESOLYED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Geddes Parsons for a Wetland Permit on certain property located at West Harbor, Fishers Island. 16. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 24. 17. SAL PRATO - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Peconic Associates on behalf of Sal Prato for a Wetland Permit on certain property located on certain property located on Kerwin Blvd., Greenport. 17. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 18. ANTHONY W. & CAROLYN R. LEGGIO - LEAD AGENCY DECLARATION 18. Vote This Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Anthony W. & Carolyn R. Leggio f~r a Wetland Permit on certain property located at 2300 Glenn Road Southold. of Board: Ayes: All resolution was declared duly adopted. 19. BRENT BOOKMILLER - CONDITIONAL NEGATIVE ENVIRONMENTAL ASSESSMENT - APPL. No. 483 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer the following declaration was declared: APPLICATION NO: 483 NAME: LAND USE COMPANY ON BEHALF OF BRENT BOOKMILLER 19. This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Seciton 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To construct a single family dwelling, well and sanitary system. LOCATION OF PROJECT: Deep HOle Road, Mattituck CONDITIONS: Subject to Conservation Advisory Council's comments. REASONS SUPPORTING THIS DETErmINATION: i. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the New York State D.E.C. or the Southold Town Building Dept. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Larsen returned to the meeting room. Board of Trustees - January 29, 1987 - Page 25. 20. SALT LAKE ASSOCI~TION, INC. - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Bredemeyer the following was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON TBE ENVIRONMENT Date: January 30, 1987 APPLICATION NO.: 479 NAME: EN-CONSULTANTS, INC. ON BEHALF OF SALT LAKE ASSOCIATION, INC. c/o William B. Warner This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environmenn. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To maintenance dredge an area approx. 80' x 120' and to fill with 1000 cu. yds to be placed to the East above-MHW. LOCATION OF PROJECT: Old Salt Road, Mattituck. ~ ~ 20. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trusnees - January 29, 1987 - Page 26. 21. HOWARD & CAROL SAFIN - ENVIRONMENTAL ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Krupski the following was declared: 21. S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON TBE ENVIRONMENT APPLICATION NO.: 481 NAME: HOWARD & CAROL SAFIN/LAND USE COMPANy Date: January 30, 1987 This notice is issued'pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a 6' x 65' fixed dock (4' above grade) leading to a 3' x 10' ramp leading to a 8' x 30' float dock. LOCATION OF PROJECT: Wickham Avenue, Mattituck. CONDITIONS: Subject to the catwalk being constructed to a width of 4' REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 27. 22. NUNZIO AIfO STEPHANIE REALE - APPLICATIO~ NO. 480 - TABLED 22. Moved by Trustee Krupsk~ seconded by Trustee Goubeaud it was RESOLVED to TABLE the Wetland Application No. 480 for Nunzio and Stephanie Reale pending a reinspection by the Trustees. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 23. See page 20 for resolution. 24. ROBERT E. JOHNSON - APPLICATION NO. 474 - TABLED Moved by TrUstee Larsen seconded by Trustee Goubeaud it was RESOLVED to TABLE the Wetland Application No. 474 for Robert E. Johnson pending reinspection by the Trustees. 24. Vote of Board: Ayes: All This resolution was declared duly adopted. 25. ELIZABETH YARO - APPLICATION NO. 478 - TABLRD Moved by Trustee Bredemeyer seconded by Trustee Larsen it was RESOLVED to TABLE the Wetland Application No.478 for Elizabeth Yaro and request the applicant to submit a long environmental assessment form and a survey with one foot contours to the Trustee Office for review. The Trustees will schedule the application for reinspection after the information requested is submitted. 25. Vote of Board: Ayes: All This resolution was declared duly adopted. 26. ANNA PARLAMIS - ENVIRONMENTAL ASSESSMENT - APPLICATION NO. 475 Moved by Trustee Goubeaud seconded by Trusteee Larsen the following Conditional Negative Declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATI ON NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: January 30, 1987 Board of Trustees - January 29, 1987 - Page 28. 26. ANNA PARLAMIS - CONTINUED 26. S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON TBE ENVIRONMENT Date: January 30, 1987 APPLICATION NO.: 475 NAME: ANNA PARLAMIS This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To rebuild sectional bulkhead destroyed by storms with concrete bulkhead 25' long, 18" wide. LOCATION OF PROJECT: 663 A Bayshore Road, Greenport. CONDITIONS:Negative Declaration is declared subject to submission of photographs of the prior structure. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 29. 27. FLOYD KING, ORIENT WHARF CO., INC. - ENVIRONMENTAL ASSESSMENT - APPL. NO. 482 - Moved by Trustee Goubeaud seconded by Trustee Bredemeyer the following declaration was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON TBE ENVIRONMENT Date: January 30, 1987 APPLICATION NO.: 482 NAMe: FLOYD KING, PRES. ORIENT WHARF CO., INC./JOHN GEIDEMAN This notice is issued'pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further not~e that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To set out 8 floats in place of existing spiles to be constructed as follows: (6) 4' x 20' and (2) 6' x 20' LOCATION OF PROJECT: Foot of King Street, Orient. 27. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Vote of Board: Ayes: Ail This resolution was declared duly adopted. Board of Trustees - January 29, 1987 - Page 30. 28. SAL CAIOLA - APPLICATION NO. 400 TABLED Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to TABLE the Wetland Application No. 400 for Sal Caiola pending receipt of an approved D.E.C. Permit. 28. Vote of Board: Ayes: All This resolution was declared duly adopted. 29. 29. RESOLUTION TO SET THE TIME AND DATE FOR THE PUBLIC HEARINGS ON THE WETLAND APPLICATIONS. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED TO SET FEBRUARY 26, 1986 as the date for the Public Hearings on the Wetland Applications to commence at 7:30 P.M. to be held at the Town Hall, Main Road, Southold. Vote of Board: Ayes: All This resolution was declared duly adopted 30. See pages 7 thru 20 for resolutions. 31. KENNETH E. RAMSAUER - DETERMINATION ON THE NEED OF A WETLAND PERMIT The Trustees conducted an on site inspection of the subject premises located on Young's Point, Mattituck and it was determined that no additional permit is required for the replacement of existing piles and ramp as long as it is in accordance with the original permit No. 39 that was previously granted. 32. RUDOLPH H. BRUER ON BEHALF OF DEMPSEY FROM SULLIVAN NEED OF A WETLAND PERMIT. DETERMINATION ON THE 32. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that after an on site inspection of the subject property located on a R.O.W. off of Indian Neck Road, Peconic, it has been determined that no permit is required for John R. Dempsey as long as all construction takes place behind the sanitary setback line as proposed on the survey dated December 4, 1986. Trustee Smith indicated that there is an area of at least 25 ft. that is a marsh, so all construction will have to be behind the sanitary set back line (100 ft. on survey). Vote of Board: Ayes: All This resolution was declared duly adopted. 33. CARMINE DISPIRITO - MOORING APPROVAl. Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to APPROVE the mooring request by Carmine DiSpirio to place an offshore mooring in Town Creek, Southold using public access and with the provision that the boat will not impede navigation or interfere with any other boat. 33. Vote of Board: Ayes: All This resolution was declared duly adopted ~ · Board of Trustees - January 29, 1987 - Page 31. 34 34. · RALPH LEVY - LEAD AGENCY DECLARATION - APPLICATION NO. 492 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Ralph Levy for a Wetland Permit on certain property located at 885 Arshamomaque Ave. Southold. ' Vote of Board: Ayes: Ail This resolution was declared duly adopted. 35. See page 23 for resolution. 36. THOMAS A. KLOS - MOORING -APPROVAI, Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED to APPROVE the mooring request made by Thomas A. Klos to place an on-off mooring in Jockey Creek, Southold using public access. 36. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 37. BERNHARD PEPER - LEAD AGENCY DECLARATION - APPLICATION NO. 49~ Moved by Trustee Krupski seconded by Trustee Bredemeyer it was 37. 38. 38. 39. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Bernhard Peper for a Wetland Permit on certain property located at 955 Lupron Point Road, Mattituck subject to consideration of a possible Waiver after a field inspection on February 19, 1987 and action taken at the next regular meeting. Vote of Board: Ayes: All This resolution was declared duly adopted. JOA~' LACAILLE - LEAD AGENCY DECLARATION APPLICATION NO. 49~ Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Joan LaCaille submitted by Eh- Consultants, Inc. for a Wetland Permit on certain property located at 1255 Waterview Drive, Southold. Vote of Board: Ayes: Ail This resolution was declared duly adopted. GULL POND DAWN CORP. - LEAD AGENCY DECLARATION - APPLICATION NO. 495 Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Gull Pond Dawn Corp. for a Wetland Permit on certain property located on a vacant lot on the East side of Dawn Drive, Greenport. 39. Vote of Board: Ayes: All This resolution was declared duly ~dopted. Board of Trustees - January 29, 1987 - Page 32. 40, DEEP HOLE CREEK ASSOCIATION c/o JAMFS SMA~J.- LEAD AGENCY DECI.ARATION -NO.496 Moved by Trustee Bredemeyer seconded by Trustee Krupski it was 40. 41. 41. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Deep Hole Creek Association for a Wetland Permit on certain property located on Deep Hole Creek, Mattituck, Vote of Board: Ayes: All This resolution was declared duly adopted. NICHOLAS MICCICHE - LEAD AGENCY DECLARATION - APPLICATION NO. 497 Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of the Land Use Company on behalf of Nicholas Micciche for a wetland permit on certain property located at 260 Oak Street, Cutchogue. Vote of Board: Ayes: All This resolution was declared duly adopted. 42. 42. DANA P. FOX - LEAD AGENCY DECLARATION - APPLICATION NO. 498 Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Dana P. Fox for a Wetland Permit on certain property located at 305 Private Road, Mattituck. Vote of Board: Ayes: All This resolution was declared duly adopted. GRANDFATHER APPROVALS: Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to APPROVE ~he following applications under the Grandfather Permit as follows: 1. ALMET R. LATSON - 525 Town Creek Lane, Southold. To secure a permit for a dock with walkway, secured by piles and a bulkhead with return. 2. JOSEPH GRADOWSKI - Wells Avenue, Southold. To secure a permit for a bulkhead with return and a dock. CARLO DEGAUDENZI Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED that the Trustees, vote the sense of the Body, that the structure be removed and in contemplation of cooperation of the owner will refrain from issuance of a Violation until communication is received confirming same. Vote of Board: Ayes: All This resolution was declared duly adopted. Mr. Glenn Just offered to contact Mr~ anRMrs. DeGaudenzi in an effort to have the structure removed~and put back as per the permit granted. The Trustees also advised that they would have to revegetate after this work is done. Board of Trustees - January 29, 1987 - Page 33. Trustee Smith advised that a letter is to be sent to the N~w York State~Dept~_ of Transportation regarding the pipe that runs into Jockey Creek at Ulrich Marine. Trustee Smith advised that the road run off should be diverted into the new sump on Lower Road. He continued that the culvert at Joe Ulrich's property is one of the major sorces of pollution of Jockey Creek. This situation has to be corrected. Trustee Smith added that the State Ditch running into Hallocks Bay has to be corrected also, as this is one of the last viable shellfish areas. Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Secretary forward a letter to the New York State Dept. of Transportation regarding the above referenced matters. Vote of Board: Ayes: Ail This resolution was declared duly adopted. The Trustees reviewed the sketch drafted by Trustee Larsen (Tidal Wetlands Development Restriction Map). Trustee Larsen advised that this is only a preliminary map. She advised that she is working on this map to clarify the permit requirements in an effort to assist public. Trustee Larsen will continue to work on this map for the Board to review again at a later date. Trustee Bredemeyer advised that the Trustees should be hearing from the D.E.C. in regard to the Tributyltin (TBT) as a result of questions he raised in his letter to them~recently. He suggested that if we do not receive a response in the near future, possibly the Trustees could sent a letter to our Congressman to see what is being done. Trustee Smith reported that there is a meeting scheduled for February 4, 1987 at 5:00 P.M. at the Town Hall to review the Dredging Proposals for 1987 with Councilman Stoutenburgh, Chairman of the Waterway Committee. Trustee Smith advised that a meeting has been scheduled with Mr. John Guldi, Division of Waterways, to review the spoil sites for the Jockey Creek dredging project. Trustee Krupski spoke to the Board about the possibility of obtaining maps from the Soil and Water Conservation Dept.; Trustee Krupski will pursue this matter for the Trustees. There being no further business to come properly before the Board of Trustees a motion was made by Trustee Smith and seconded by Trustee Goubeaud to adjourn the meeting at 10:24 P.M. PUBLIC HEARING IN THE MATTER OF THOMAS W. CRAMER JANUARY 29, 1987 7:30 P.M. Present were: President ~enry P. Smith Vice President John M. Bredemeyer, III Trustee Phillip Goubeaud Trustee Albert Krupski Trustee Ellen M. Larsen Bay Constable Donald Dzenkowski Secretary Ilene Pfifferling Dr. Martin Garrell, Chairman, Southold Town Conservation Advisory Council William Moore Ralph Costanzo Thomas E. Reilly, Jr. Ed Curran Ruth Oliva Robert Costanzo Benjamin Herzweig John Dabrowski Edith Boberg PUBLIC HEARING IN THE MATTER OF THOMAS W. CRAMER NOTICE IS HEREBY GIVEN THAT A PUBLIC, HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JANUARY 29, 1987, ON THE APPLICATION FOR A PERMIT UNDER THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD: IN THE MATTER OF THE APPLICATION OF THOMAS W. CRAMER TO CONSTRUCT A 1545 SQ. FT. TWO-STORY FRAME SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE, DECK, WELL AND SANITARY SYSTEM. PROPERTY IS LOCATED ON MEADOW LANE, MATTITUCK. Trustee Smith: I believe that there are a number of people in the audience who wish to make comments on this application. I ask that you try to make your statements brief, as there are a lot of people here to speak regarding this matter. I would like the people who wish to speak against this application to speak first. Secretary: Please print your name and address on the sign in sheet. Ralph Costanzo: Dear Chariman and Members of the Board: From living beside this pond for five years, I have become deeply interested in its wildlife. I can name just about every animal on the pond. We have a number of endangered species on this pond; Blue Heron, White Egret, Kingfisher, Muskrat, and one hardly ever seen the Black Crown Night Heron. A lot of the animals have made their homes on the lots being disputed over. My question is, "What will happen to the animals when it is developed? Will the cesspools leak into the water and kill fish which would upset the food chain of the pond?" The wildlife I have mentioned are a mere fraction of the animals around the pond, and I wonder why this land should even be disputed over if they~ are protected living and thriving in this beautiful area. What will be left for my generation and generations to come if this keeps on going. Thank you. Trustee Smith: Thank you. Will you please sign your name and address. Does anyone else wish to speak? Thomas E. Reilly, Jr.: We were here several times in opposition to this because it violates the Mattituck Estates covenants. We want a 50 ft. set back because every house in that development has a 50 ft. set back. We don't wane anyone to break it for any reason at all. Number two, they are going to reck the wildlife as the young man said. Recently we had a storm there and the water did raise more than five feet up on this so called "Dry Land". He has 200 feet but only 100 feet is dry. So I can't see how he can build a house on 100 feet of dry land and still not pollute the other part? You have a law that is good. You have a 75' Wetlands Law and this is the time to test it and enforce it. Thank you very much. Trustee Smith: Is there anyone else who would like to speak? Ed Curran: My name is Ed Curran. Ail I am going to say is that I'm going to Thomas W. Cramer - Public Hearing January 29, 1987 - Page 2. go along with what Mr. Reilly has said and the young gentleman has said. I feel the same way. There is no reason to repeat what was said previously. Trustee Smith: Thank you. I think Dr. Martin Garrell from the Conservation Advisory Council had some comments and questions to make. I think some of you people may have some of the same questions? Let's hear from him now. Dr. Martin Garrell: I'm glad I got here! A number of fallacies and misconceptions remain in the~statement(s~ submitted by the applicant, and these should be brought to the attention of the hearing Board. Unfornunately, the applicant's "Response" is a documenn without page numbers, so we will cite phrases in order of importance only. I think that it has already been said that there is a problem with the Wildlife Metrix in Tables 1, 2, and 7. They have to be expanded to justify any kind of statements of minimum impact. There are seasonal changes as well as population shifts; those have to be given in detail. You have to talk about Wintering habitat and you have to talk about Nesting Habitat. You can't simply lo0k at February and March for surveys. There is a figure for conversion of ammonium nitrogen and nitrate nitrogen to molecular nitrogen for the system and that seems quite a bit high because of the saturated zones that are below the cesspool. I feel that much more than half of the nitrogen would reach the ground water. I have a real problem with the applicants feeling that the sampling of the surface water is irrelevant or that its not appropriate. I feel that it is absolutely essential. The only way to pin down whether or not that pond is eutrophic/oligotrophic, that is what stage of aging it has, the only way to pin down whether it is saline or fresh is to do some measurements. If you are going to assess the impacts of further dwellings on that whole pond/marsh ecosystems you have to do the water sampling. The minimum sampling would be for dissolved oxygen (DO), NO3~N, NH4-N, PO4_P, and CI at surface and bottom levels. It should be done over tidal cycles. It should be done over seasons, and it should be done over the course of a year. It should be pointed out that, even though the pond may flush with tidal cycles, the nutrients still go back and forth. Now, when they replied to comments to the Conservation Advisory Council, Tom Cramer and Mr. Voorhis said something about nitrogen and phosphorous from cesspools not being additive. The amounts were not additive. I have, in my hand here, well sort of a E.P.A. Publication which now is probably out of print because it is 1974. But its Estimated Nutrient Loadings of Lakes and Ponds from Non-Point Sources (Referenced USEPA 660/3-74-020, Uttormark, Chapin and Green.) This goes into the whole problem of loading from pond environments. If you want to read about grams per square meter per year being put in from run off, putting in from systems that are exterior to these ponds and lakes. It is a good reference to use. It is from the University of Wisconsin Lakes Labs originally. It was done by a person that I collaborated with, Paul Uttormark, its Uttormark, Chapin and Green. I could leave it here for reference. There was another statement about flow along the hydraulic gradient ..... that it doesn't really matter what you look at when you look at groundwater flow than is perpendicular to a gradient. Well the point is, groundwater plumes are a nutrient plumes or contaminate plumes are two-demensional. These studies are done at Brookhaven Lab all of the time. For example, when you look at consentration releases you can look at flow along the gradient and along perpendicular. You can do different tricks with the modeling, but it is a known technique. It is not cheap to do it. You do it with computer models and you do it by putting in bucks for~co~mputer time with people who know programs. It is a common technique. Certainly that the groundwater flow from cesspools, just like any contaminate flow Thomas W. Cramer - Public Hearing January 29, 1987 - Page 3. you have to look at the way the plume spreads out. Not only along the direction of the hydraulic gradient do you look at it but also transverse to the gradient. Well, basically what I did in this statement (to be forwarded to the Secretary for the file) I mentioned a list of references so that you could have them. The final statement that I would like to make comes from, a pretty well known reference that was lent to me by the Town here, this is a book on Environmental Engineering and Sanitation. I am sure the people that prepared the report, Cramer and Voorhis are familiar with it. This is from J. A. Salvatos book the advisable distance between cesspool and lake or water course appears greater than 100 feet. Public Health Service experiments with groundwater flow through sandy soils have detected coliform transport of 232 feet and transport of chemical pollutants for 450 feet. Moreover, "Since the character of soil and rock, quantity of rain, depth of groundwater flow, amount of pollution, microbial growth medium and other factors beyond control are variable, one cannot say with certainty through what distance or thickness sewage must pass to be purified." Trustee Smith: Is there anyone else that wishes to be heard? Edith Boberg: I just want to add to something that Mr. Reilly said on the covenants. It is a 50 ft. set back from the front lot line, not from the road. Every house in Mattituck Estates is at least 75' It is not from the road. Trustee Smith: This Board looks at the environmental aspect of the application. Edith Boberg: Yes, I know, but I would just like to clarify that point. Trustee Smith: Ruth Oliva. Ruth Oliva: Yes, I would just like to support the conclusions of the Conservation Advisory Council. I would like to say that you do have a Wetlands Ordinance and I think in this case it should be strictly enforced. I think Marty's arguments are a conclusive proof that this lot should non be built upon. Thank you. Trustee Smith: Does anyone else have anything to say against this application? No comment. Then I would like to hear from the people for this application. William D. Moore: My name is William Moore. I am an attorney with an office at 370 Terry Lane, Southotd. I am also one of the owners of the piece of property we are talking about tonight. Mr. Cramer is no longer the owner. I bought his share of the property out and I now am the co-owner with Ben Herzweig who is here with me tonight. I believe it is worth the time to review the history of the application. The application of the Trustees was submitted together with the environmental assessment form which is required by the State Environmental Quality Review Act. This Board made a find to opposed action presented a potentially significant impact on the environment and that a Draft Environmental Impact Statement was necessary. The D.E.I.S. was submitted and Notice of Receipt of the D.E.%.S. was issued by the Trustees on December 9, 1985. January 6, 1986 the D.E.I~S. was accepted and I underline that "accepted" by the Trustees and Notice of Hearing was published. The Hearing was held almost a year ago, January 23, 1986. That Hearing and the D.E.I.S generated a review and comments by the C.A.C., Szepatowski Associates, Inc. and the Trustees. Szepatowski's review says, and I quote "We find the D.E.I.S. to be a thorough and sensitive examination of the site." They then listed comments that Thomas W. Cramer - Public Hearing January 29, 1987 - Page 4. should be addressed. It took se' respond to the comments. Durin inventory the various wildlife consultant submitted the respon S.E.Q.R.A. process is being fol being made as we are going thro~ There has been a mistaken belie to the comments could again be Teral months to compile the data necessary to ~ this time an Ornithologist was hired to ~pecies on the property. The environmental ~e to the comments in October of 1986. This _owed, not completely, there are mistakes ~gh. But, the review process is going along. ~, and it occured here tonight, that the response ~eviewed by the C.A.C. and that this review was in no time frame. S.E.Q.R.A. dges have time frames. We would be in a continual circle if every time we submittad a paper, they submitted responses; back and forth; back and forth. We would never get to the end of the process. The review could go on indefinitely. This ~s not accurate. We ask that this Board continue the process and to ask the C.A. November 26, 1986, the Trustees of December the C.A.C. wrote bac comments would not be submitted We don't get the benefit of the could not be here tonight. He We are at a bit of a disadvanta that Dr. Garrell has submitted The response to the comments, I fashion by Szepatowski Associat~ Impact Study. They stated and ] which were submitted by Cramer ~ addressed." The only recommend~ measures suggested in our D.E.I. be imposed to insure that the mJ The chronology has been given ar by the S.E.Q.R.A. process has bE has determined that the propose¢ He has not recommended denial of future applications that the S.~ and the Wetland Public Hearing t can't be. In this particular ca You could save yourself time and Handbook even makes that a sugge that i make for future applicatJ through an exhaustive, thorough and concerns involving this one very familiar with the standard~ :. for their comments, if any. By letter dated asked the C.A.C. for their comments. At the end .k a one line letter to the Trustees that their until the Public Hearing, which is tonight. public hearing. Mr. Cramer, unfortunately, ontinues to be our Environmental Consultant. ~e to be able to respond to the technical data .ere after having been asked two months ago. should note, were also reviewed in a timely s which has been hired by the Town to review the quote "Upon review of the Response to Comments nd Voorhis that all comments were adequately tions that were made were that the mitigation S. be followed and that Covenants and Restrictions tigation measures were enforced during construction. d I quote "The long hard look which is required en donee" The Town's Environmental Consultant action and the mitigation measures are appropriate. the permit. I would like to suggest that on .Q.R.A. Public Hearing, which was held a year ago, e held in tandem. There is no reason that they se we are reviewing very similar types of things. well as the applicant. I think that the S.E.Q.R.A. stion where its appropriate. That is a suggestion ons. We are here tonight after having proceeded and expensive review of the Environmental questions half parcel on a filed subdivision map. You are set forth in the Wetlands Ordinance, specifically section 97-28, which has to be ~nsidered before you issue a permit. I would suggest that these standards have been addressed in the overall S.E.Q.R.A. process in a very site specific manner. The questions were raised and responded to with this site in mind. The D.E.I.S. has considered the potential impact on the Wetlands. In fact, that was the purpose of the D.E.I.S. to consider the potential impact. The mitigation measures will perVent and damage from erosion, turbidity or siltation. These are the criteria that you are considering for a permit. The D.E.I.S. addressed the affects on groundwater, and that no adverse affect will be created with no apparent controversy from Mr. Emilita and Szepatowski. He agreed with the findings he did not disagree. He has not recommended a denial. The D.E.I.S. also addressed the impacts on fish and wildlife. We hired an Ornithologist to go out there. He sat and watched and counted and inventoried. The proposed action will not increase Thomas W. Cramper - Public Hearing January 29, 1987 - Page 5. the danger of storm or flood tide damage. We are not talking about dredging or the types of risks that would be associated with creating that type of damage as a general concern that you consider on all of your permits. Again, the D.E.I.S. was ~ite specific. This is not navigable waner so we are not concerned with impacts upon navigation by the proposed action. The proposed action will not change the course of any channel or flow of water. Again, we are not talking about bulkheading or dredging. The proposed construction is on solid upland area. The test borings were done. It showed that we have solid ground. We are not going to weaken the lateral support. No one has suggested that we will. We are not proposing a dwelling on a sandy bluff. The D.E.I.S. has been addressed in a comprehensive document. The potential Environmental Impacts of the proposed dwelling. The comments have been made. Responses to the comments have been made. The hired consultant who was asked to review the document has concluded that we did a thorough, sensitive job, and that we have satisfactorily addressed their comments. The evidence and data is before you to make an informed decision. Ail we ask is that you make your decision Qn the evidence as corroborated b% your consultant. Thank you. Trustee Smith: Thank you. Does anyone else have anything to say, John Bredemeyer? Trustee Bredemeyer: I would like to speak neither on behalf nor against this application at this time, but to possibly raise some points for clarification or at least for consideration by the Board as we continue our~review. I believe that the original notification accepting this project was somewhat a semantic acceptance in the sence that we were in possession of the application, and I'm sure that we will be more careful in the future at least I will on my part when we see them come in. I had done a very thorough review of the response commenns, and the response comments, I think, were offered by the applicant in good faith to try to rap up the questions that had arisen. As such, reviewing it I was left with a number of questions myself. In a sence I think the Board now has a burdmn on it to seek the answers to many of these questions. The process is not designed to go on forever and ever. I have read some standard text and I do believe that the nitrate conversion factor is a bit high. The studies that were cited by Mr. Cramer are relatively short term and there are some very substantial increases in nutrient loading below the sanitary system. I also was concerned that there wasn't surface water monitoring. I had to go no further than my garage to check nitrate levels of two very common brands of fertilizers and the recommended application rates to see that the application rates for fertilizers were a bit on the low side. I also believe that the proposal of the average number of residents per household in generating nitrate data may not be valid, because we are not going to be dealing with the fictitious 2.65 persons living there. I would like to know what we do with that 2.65 person? I also question from the background of water supply this 15 parts per million nitrate in the groundwater in that area. I think that is a bit higher than what would be actually seen~in that area. It results in a comparison against what the calculated nitrate loading on the site are. It makes it look more favorable. I believe that we have an obligation to look very carefully at the current land use directly around the pond. There has been historically some devegetation down close to the water. It should be looked with in respect to this application. I also believe that the Impact Statement didn't look very carefully at how close the community does adhere to its own values, as far as the 50' set back. I believe that we have an obligation to look at these issues very closely also. I think that we have to address the uniqueness of the possibility that a dwelling here will also mean a dwelling on neighboring lots. It will essentially mean that the potential Thomas W. Cramer - Public Hearing January 29, 1987 - Page 6. for development of an entire 50% of a creek in a relatively rapid fashion. I also personally do not agree with the contention of the Town Planner, nor do I believe that it was his position, to make a rendered decision of build ability. I believe that we are the elected Board that has to stand accountable for that decision. I believe, at least for my part, when I voted to send it out to Mr. Emilita that it was in the sence that we wanted additional technical information, if you will "A tree with some branches to hang some ornaments on." I believe that I have addressed most all of my work on this to date. I guess I would like to see the Board sit down and discuss my comments and those of the Conservation Advisory Council and the public record and decide where we are going to go. Thank you. Trustee Smith: Does anyone else have any comments at this time? Trustee Larsen: Mr. Cramer was the surveyor on the property. He is the licensed public surveyor. I feel that it would be in the best interest of the Board to possibly have a second survey performed. The elevations in some sections do appear to be lower than 10' Also, with the additional information we received regarding the rise in the water level leaving only 100 ft. of property that was not covered by surface water during storm tides and heavy rains and winds I feel that this is something that should be looked into. I think we should have a survey performed at one foot contours so that we are sure of the contours here. I would like to ask the Board to review that. Possibly a second survey and possibly by ~ surveyor of our choice? Trustee Krupski: Who would ~ay for this Ellen? Trustee Larsen: That's the question. It would probably cost about Two or Three Thousand Dollars to have this done. Trustee Smith: Thank you. Does anyone else have anything to say? Robert Costanzo: I would just like to mention that last year the Trustees requested from the Highway Dept. and also Vector Control to clear out the pipes, or replace the pipes. The Highway Dept. has that requisition. They are still waiting because of a problem with money. What I am saying is that the pipes right now are approximately 3/4 clogged. The film, I know it is poor. I have better pictures of the last storm and every time we have a storm, or extremely high tide or bad weather that waterway is just about up to the road like Mr. Reil]y said. The elevation as Mr. Reilly said is poor. Trustee Smith: Does anyone else have anything to say? Benjamin Herzweig: It was not my intention to speak tonight. I'm really not prepared to speak, I let Bill handle it all. He is a very fine Lawyer. He used to be an associate of my Law Firm in Patchogue. I have a question. As a result of the substantial litigation that I have done recently with S.E.Q.R.A., my understanding of S.E.Q.R.A. is than it has a beginning and an end. We were here last time on January 23, 1986 and Dr. Garrell raised a &qt of ~uest£ons. I'm surprised that he is raising questions now, that he had ample time to raise back on January 23, 1986. Thomas W. Cramer - Public Hearing January 29, 1987 - Page 7. Dr. Martin Garrell: Dr. Garrell read your comments. Benjamin Herzweig: Dr. Garrell, I did not write those comments, I apologize. The second point as an American Citizen, Suffolk County Resident who has a strong sence of frustration, how much money do I have to spend? How much inconvenience do I have to have? Dr. Garrell, I will tell you something right now, Dr. Garrell we will be back here. I hope not. Dr. Garrell will have another criticism. We will respond to his criticism. You will have another criticism. It will never end. In litigation there is a beginning and there is an end. It doesn't go on forever. The young gentleman who spoke earlier about the wildlife, it has been a long time since I read the Environmental Impact Statement. We hired, at no small expense to ourselves a Professor from I think Suffolk Counny Community College, Mr. John Black. He sat on the lot he said, "Yes, there are indigenous wildlife there, none~of which are endangered species." There is so much that I can say to you; anger prevents me from saying it to you. As I sit here now, I can remember that someone callsd me a "Carpetbagger." Someone wrote to you and accused us of being vultures. We are nothing of the sort. Ail I hear are nitrate levels. Books that may be quoted out of context. Data that may be out of date, on a 1974 survey? The point is you did accept this Draft Environmental Impact Statement. With all do respect to the Trustees spoken earlier, I personally object to the back tracking now. I have to be careful of what I say. I do not want to offend anyone. You did accept the document and you do have to accept the consequence of your action. Bill Moore and I have spent a-lot of tim~ ~and we have spent a lot of:mone~ We have'done a very thorough job. The Draft Environmental Impact Statement spea~s for itself. You own Planner has concured with our views. Trustee Smith: I sympathize with you. This Board has done a lot of work_Qn-this also. We are doing our best, we want to get this resolved. Benjamin Herzweig: I understand that, I sympathize with you. I used to be a Public Official, I used to represent Public Officials. I ~nderstand the burden that you are under. Once I left the Public Sector into the Private Sector I would like this Board to understand some of the concerns that those of us in the Private Sector have. One of them is the growing frustration that we have in dealing with an articulate minority that knows how to use a bureaucracy against us. That is all I have to say. Thank you. Trustee Smith: Anyone else wish to speak? John Dabrowski: We are taxpayers. I want to remind you. I'll bet if you look at that community, right, and you sympathize with us, you pay taxes too. I'll bet on an average we are paying $3,000 or better. There are probably 40 or 50 homes in there. We do this religiously, okay. Right. Every year we sock our dollars up and we give them to you. To get you guys here to do your job, right? One of your jobs is to protect us, right? So that we don't have to come down here, we have delegated the authority to you to make some decisions in the name of good government. In the name of I believe, what wnuld be~.the popular consensus amongst your constituants regarding any particular matter. You are serving the people. We are the people. You are the Government. You have the power. We have deligated it to you. I don't want to come down here time and time again. I can emphasize with that gentleman over there. But, I believe someone is not hearing us. We are Thomas W. Cramer - Public Hearing January 29, 1987 - Page 8. not the minority in this case. We are the majority. In this particular instance I would like to believe that we are. I do believe that we should be heard. I think that his will all end when the minority comes to their senses and says, Hey, not only is this wrong from what tradition or prescience has said if you want to respect our covenants, but also With regard to. all of the people there who seem to be opponents to the development of that proper'ty for good reasons, I will not ~ , , reiterate-that, it has bee~ stated. I 11 stop here. Trustee. Smith: Thank you. The following letter was requested to be part of the public hearing record: Dear Henry: The most recent legal notices indicate that Thomas Cramer's application, to build on Meadow Lane in Mattituck Estates, will again be considered on January 29th. Kathleen & I strenuously object to this application. The property in question is not large enouth to permit construction of the house, complying with existing ordinances and adhering to the covenants of our association. There would be intrusion into a clearly defined wetlands area, which the ordinances were enacted to protedt. There is simply no good reason to grant Cramer's application. As Marty Garrell so eloquently pointed out the last time this matter was reviewed, the same environmental protections. Mr. Cramer has sworn to enforce and uphold in Brookhaven Town .... he seeks to circumvent here, and for what reason? The pursuit of money. As you and all the Town Trustees well know, the land speculators are poised at our borders, ready to swoop down like vultures on any parcel. There is no better time to send them a clear message. Development within existing ordinances will be permitted; variances for the sale of greed will not. I most respectfully request that this letter be made part of th~ official record on January 29, 1987. Very truly yours, Bob Bennett, 55 Azelea Road, Mattituck. Trustee Smith: Are there any other comments? (No comments.) Then I will close this public hearing in the matter of the application of Thomas W. Cramer at 8:07 P.M. ene Pfif ferling, ~~ Thomas W. Cramer - Public Hearing January 29, 1987 - Page 9 The following information is submitted regarding Dr. Martin Garrell for informational purposes only: 3o During the period 1972-1976 I worked under a grant from the Union Carbide Corporation in Tarrytown on the nutrient loading of lakes and attempted rehabilitation of Lake Waccabuc in Westchester County. (Two reports, two published papers availabel on request.) During the period 1980-present, I served as researcher and consultant to Department of Applied Science at Brookhaven National Laboratory. Part of my research involved groundwater contamination from subsurface injection of fluids and chemicals used in petroleum production. (Two reports, two published papers available on request.) I currently hold the titles of Associate Professor and Chairman of the Department of Physics and Energy Studies at Adelphi University, Garden City, New York. Other activities of relevance are Chairman of Town of Southold Conservation Advisory Council and Co-Chair of Citizens Advisory Committee for Long Island Sound Study funded by the U. S. Environmental Protection Agency. PLEASE PRINT YOUR NAME AND ADDRESS FOR THE RECORD: January 29, 1987 meeting. 2. 3. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TELEPHONE [516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 To: SOUTIIOLD TOWN CONSERVATION ADVISORY COUNCIL February 3, 1987 Southold Town Trustees From: Conservation Advisory Council Re: Wetlands Application No. 312 - Meadow Lane Response of Applicant to Comments on DEIS Public Hearing - January 29, 1987 A number of fallacies and misconceptions remain in the statement(s) submitted by the applicant, and these should be brought to the attention of the hearing board. Unfortunately the applicant's "Response" is a document without page numbers, so we will cite phrases in order of importance only. Nitrogen and phosphorous amounts from fertilization and from cesspools are most certainly additive. (See Limnological studies from University of Wisconsin at Madison, Ref. Estimating Nutrient [xoadings of lakes from Non-Point Sources USEPA 660/3-74-020, Uttormark, Chapin and Green.) This is the standard techniques used to predict lake loading by nutrients. The 7.32 mg/I figure for nitrogen concentration in recharge water may be a "red herring" because each additional dwelling on the pond adds to the nitrogen and because the current levels in groundwater may fluctuate substantially. The same ho ds true for phosphorous. 2 - Sampling of surface waters of the pond over at least one annual cycle and over tidal cycles is more than appropriate. It's absolutely essential. This is the only way to pin down whether or not the pond is saline/fresh, eutrophic/oligotrophic. Such questions must be addressed if we are to guess the impacts of further dwe lings on the pond-marshes, ecosystem. The minimal sampling wou d be for dissolved oxygen (DO), NO3-N, NH4-N' PO4-P, anct CI at surface and bottom. It should be pointed out that, .~;:--.~ven though the pond may flush with tidal cycles, the nutrients still go back and forth. 3 - Although groundwater certainly flows in the direction of the hydraulic gradient, the plume fcom any source, well or cesspool is not merely longitudinal, but has a transverse dimension. In fact the horizontal extent is frequently half the longitudinal extent in pea-gravel and sand aquifers. It is the overall shape of the plume that counts. Plume modelling similar to studies at Brookhaven Land and Lawrence Livermore (e.g.J. Bear, Dynamics of Fluids In Porous Media, American Elseviem, Inc., _. N~_w_,~_(k, 1972; J. L. Wilson and P.J. Mit[er, Two-dimensional Page 2 - plume in uniform groundwater flow, ASCE, J. Hydraul. Div. 104, HY4, 503-14 (1978); R.B. Codell, Discussion of two-demensional plume in uniform grounwater flow, ASCE, J. Hydraul. Div. 104, HY12, 1682-3 (1978)) could show rather good communication between the applicant's cesspool and the open water area. The figure given for conversion of NH.4 and N03-N2to N seems too high because of the supersaturated zones below the cesspools. More than half the nitrogen will reach the groundwater. The wildlife matrix of Tables I, II and VII should be expanded to justify any statements of "minimum inpact". Seasona changes as well as populations should be given in detail, As wintering and sp~.ing nesting habitat, the pond must be surveyed prior to February and after March. The applicant give short shrift to the travel of pollutiants through the ground. From tables in a standard text (Environmental Engineering and Sanitation by J. A. Salvato, Wiley, 1982) the advisable distance between cesspool and lake or watercourse appears greater than 100 feet. Public Health Service experiments with groundwater flow through sandy soils have detected colifor.,m transport of 232 feet and transport of chemical pollu'-tants for 450 feet. Moreover, "since the character of soil and rock, quantity of rain, depth of groundwater flow, amount of pollution, microbial growth medium and other factors beyond control are variable, one cannot say with certainty through what dist~a~e,":o~ tl~;fckness sewage must pass to be purified." (Ref. p. 177) Sincerely, Dr. Martin H. Garrell Chairman Southold Town Conservation Advisory Council