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Home My WebLink AboutTR-07/27/1987HENRY P. SMITH. President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 JULY 27, 1987 TELEPHONE (5161 765-1892 Z:00 P.M. - Regular Meeting The regular meeting of the Board of Town Trustees was held on Monday, July 27, 1987 at the Town Hall, Main Road, Southold. President Smith called the meeting to order at 7:00 P.M. Present were: President Henry P. Smith Trustee John Bredemeyer, III Trustee Phillip J. Goubeaud Trustee Ellen M. Larsen Trustee Albert Krupski Bay Constable Donald Dzenkowski Ralph Condit, C.A.C. Clerk Ilene Pfifferling Approximately 45 people were in attendance in the audience at the beginning of the meeting. Trustee Smith advised that the field inspections for_ August will be held on Wednesday, August 19, 1987 to commence at 12:00 P.M. to depart from the Town Hall, Main Road, Southold. The date for the next regular meeting of the Board will be held on Thursday, August 27, 1987 to commence at 7:00 P.M. to be held at the Town Hall, Main Road, Southold. Moved by Trustee Larsen seconded by Trustee Smith it was RESOLVED to Approve the minutes of the June 25, 1987 meeting. (as amended Goosefooi.) Vote of Board: Ayes: All - This resolution was declared duly adopted. Moved by Trustee Goubeaud seconded by Trustee Krupski it was RESOLVED to Approve the September 1987 mooring renewals. Vote of Board: Ayes: All - This resolution was declared duly adopted. Trustee Smith gave the monthly report for June 1987 as follows: Application Fees $200.00~ Bulkhead, Dock Fees $25.00, Wetland Application Fees $1500.00, Wetland Inspection Fees $40.00 and Mooring Renewal Fees $508.75 for a total amount of $2273.75 which was turned over to the Supervisors office to be placed in the General Fund. Trustee Smith advised that the Public N6tices are published on the Town Clerk's Bulletin Board if anyone wishes to review them. Trustee Smith commenced with the communications. Board of Trustees - Page 2. July 27, 1987. COMMUNICATIONS: a 1. From Albert J. Moyse, President, Rabbit Lane Association regarding project on Bay Avenue, East Marion. Trustee Smith advised that he ~as spoken to Mr. Raymond Jacobs, Supt. of Highways regarding this mat~er, and he has indicated that he would be willing to take the hydro-vac own there to try and open it up with no disturbance at all. 2. From Nancy deLoisille regarding property located on Little Neck Road Cutchogue. Trustee Smith advised that a letter is to be forwarded Mrs. deLoisille advising her to contact her own attorney regarding 3. From Jack Caravanos and George Mirros requesting a Waiver for work Property located in Orient. It was determined that a letter is to be f to Mr. Caravanos and Mr. Mirros advising that a wetland permit is re. for this pro~ect. The Trustees Deny the request for a waiver as req~ 4. From Lisa B. Marino, Environmental Planner, Szepatowski Associates, thank you for the comments on Southol'd Draft Local Waterfront Revit~ Program. 5. From Eh-Consultants, Inc. on behalf of Elizabeth Yaro, a request for of Trustee jurisdiction regarding the construction of a house on Minn( Southold. A letter is to be forwarded to Roy Haje regarding this mat 6. From Pieter VanVolkenburgh, Chief, Bureau of Shellfisheries, New Yo D.E.C. a request for recommendations regarding "Conditional Claming Trustee Smith responded with the recommendations fpr a seasonal:peri commence October 1, 1987 and to run thru May 1, 1988 for the followi~ Arshamomaque Pond, Mattituck Creek, Gull Pond and Goldsmith Inlet. 7. From Bennett Orlowski, Jr., Chairman, Southold Town Planning Boar( regarding the John Bagshaw matter. A letter is to be forwarded to and his agent Mr. Tohill advising him that a wetland permit is requir, work to be done on the road. 8. From Charles R. Cuddy regarding the Wortis/Cook matter. Trustee be meeting with the Town Board regarding this matter. 9. From Gregory J. Blass, Presiding Officer, Suffolk County Legislatur, Suffolk County Agricultural Dist. No. 1, Parcel No. 30 in Southold matter. )n >rwarded tuired tested. ~lization a review haha Blvd., ;er o ~k State Programs~" nit to .g creeks: Ir. Bagshaw ~d for the mith will regarding 10. From Valerie Scopaz, Town Planner requesting input on the Local Wat Revitalization Program for Southold Town. The Trustees commenced with the RESOLUTIONS until 7:30 P.M.. V. LEAD AGENCY DECLARATIONS: ROLA B. CAMPBELL- APPLICATION NO. 557 Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency m regard to the State Environmental Quality Review Act in the matter of the application of The Land Use Company on behalf o ~rfront Board of Trustees - Page 63. July 27, 1987 Rola B. Campbell for a Wetland Permit on certain property located on Fishers Island. Vote of Board: Ayes: All - This resolution was declared duly adopted. 2. ROYSTON P. & HELEN T. RIND - APPLICATION NO. 558 Moved by Trustee Smith 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 Royston P. & Helen T. Rind for a Wetland Permit on certain property located on the northeast corner of Howard and Meday Avenues, Mattituck. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. 3. INEZ B. VAIL - APPLICATION NO. 559' M0_v_~ ~ ?.rustee Smith 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 Inez B. Vail for a Wetland Permit on certain property located on Wells Avenue, Southold. 3. Vote of Board: Ayes: All - This resolution was declared duly adopted. 4. EN-CONSULTANTS, INC. ON BEHALF OF STRONG'S MARINE CENTER - APPL. NO.561 Moved by Trustee Smith 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 Eh-Consultants, Inc. on behal£ of Strong's Marine Center for a Wetland Permit on certain property located on James Creek off of Camp Mineola Road, Mattituck. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. 5. LAND USE COMPANY ON BEHALF OF JOSEPH W. HENDERSON - APPLICATION NO. 562 o Moved by Trustee Smith 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 The Land Use Company on behalf of' Joseph W. Henderson for a Wetland Permit on certain property located on a private r.o.w. East End Road, Fishers Island. Vote of Board: Ayes: All - This resolution was declared duly adopted. 6. LAND USE COMPANY ON BEHALF OF ROBERT KOCH - APPLICATION NO. 563 Moved by Trustee Smith 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 The Land Use Company on behalf of Robert Koch Board of Trustees - Page 4. July 27, 1987 for a Wetland Permit on certain property located on Peconic Bay Blvd., Laurel. Vote of Board: Ayes: All - This resolution was declared duly adopted. 7. LAND USE COMPANY ON BEHALF OF JAMES MESKOURIS - APPLICATION NO. 568 Moved by Trustee Smith 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 The Land Use Company on behalf of James Meskouris for a Wetland Permit on certain property located at 212 Sound B~'.ach Drive, Mattituck. Vote of Board: Ayes: All - This resolution was declared duly adopted. VI. ASSESSMENTS: 1. COSTELLO MARINE CONTRACTING CORP. FOR EMANUEL PIPERAKIS & OTHERS APPLICATION NO. 546- NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Goubeaud the following was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 546 NAME: COSTELLO MARINE CONTRACTING CORP. FOR EMANUEL PIPERAKIS & OTHERS This notice is issued pursuant to the provisions of Article 8 of the Environmental Gonservation Law State Environmental Quality R'_,eciew and 6NYGRR Part 617, Section 617.10 and Ghapter 44 of the Gode 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 110' of rock bulkhead with a 12' return. LOCATION: North Sea Drive & Long Island Sound, Orient, New York REASONS SUPPORTING THIS DETERMINATION: I. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the 11957 Board of Trustees - Page 5. July 27, 1987 environment should the project be implemented as planned. 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. 1. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. 2. COSTELLO MARINE CONTRACTING CORP. FOR JEANNE E. MARTIN - APPL. NO. 545 NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Goubeaud the following negative environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 545 NAME: COSTELLO MARINE CONTRACTING CORP. ON BEHALF OF JEANNE E. MARTIN 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 110' of rock bulkhead with a 12' return. LOCATION: North Sea Drive & Long Island Sound, Orient, New York 11957 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 - Page 6. July 27, 1987 3. COSTELLO MARINE CONTRACTING CORP. ON BEHALF OF MARLO V. CELLA - APPLICATION NO. 544 - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Goubeaud the following non- Significant Environmental Assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 544 NAME: COSTELLO MARINE CONTRACTING CORP. ON BEHALF OF MARLO V. CELLA 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 ';he same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct 110' of rock bulkhead. LOCATION: North Sea Drive & Long Island Sound, Orient, New York 11957. 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. 4. EN-CONSULTANTS, INC. ON BEHALF OF PAT CICORELL~I - APPL. NO. 548 Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to TABLE the application of Eh-Consultants, Inc. on behalf of Pat Cicorelli and request that the applicant move the house placement, deck and Bluestone driveway landward of Trustee jurisdiction. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - Page 7. July 27, 1987 5. ANGELO STEPNOSKI ON BEHALF OF RICHARD FIEDLER - APPL. NO. 547 e AMENDMENT TO APPLICATION Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to AMEND the application to include a 7' return on the north side of the property located at 1380 Beach Road, Greenport. Vote of Board: Ayes: All - This resolution was declared duly adopted. 5A. ANGELO. STEPNOSKI ON BEHALF OF RICHARD FIEDLER - APPL. NO. 547 NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 547 NAME: ANGELO STEPNOSKI ON BEHALF OF RICHARD FIEDLER This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Re~ie~v 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 bulkhead 70 lin. ft. with a 7' return on the north side of the property. LOCATION: 1380 Beach Road, Greenport, New York 11944 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 Torch Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. SA. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - Page 8. July 27, 1987 6. BENJAMIN L. SOKOBIN - APPLICATION NO. 549 - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Goubeaud seconded by Trustee Bredemeyer the following was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 549 NAME: BENJAMIN L. SOKOBIN This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Relview 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 low profile retaining wall to stabilize erosion damage and to fill with 110 cu. yds. of fill. LOCATION: Harbor Road, Orient, New York 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. 6. Vote of Board: Ayes: All - This resolution was declared duly adopted. 7. JOSEPH PERRICONE - APPLICATION NO. 540 - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Krupski seconded by Trustee Larsen the following non- significant environmental assessment was declared: Board of Trustees - Page 9. July 27, 1987 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE:July 27, 1987 APPLICATION NO.: 540 NAME: Eh-Consultants, Inc. on behalf of Joseph Perricone 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 timber dock consisting of a 4' x 15' fixed elevated (~4' above grade of marsh) walkway; 4' x 14' hinged ramp: (2) 6' x 12' floats secured by (4) iron pipes. LOCATION: 2060 Clearview Avenue, Southold, New York. 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. 7. Vote of Board: Ayes: All - This resolution was declared duly adopted. Trustee Smith advised that a letter is to be forwarded to Mr. Perricone telling him that the Trustees would have no objection to him mowing the phragmites within 1 ft. height in order to give the upland wetlands a chance to revegetate, but that he will need D.E.C. approval to do this also. Board of Trustees - Page 10. July 27, 1987 8. J. H. GEIDEMAN ON BEHALF OF ERNEST GUETTINGER - APPL. NO. 550 NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Larsen seconded by Trustee Krupski the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: gl~ly 27, 1987 APPLICATION NO.: 550 NAME: JOHN H. GEIDEMAN ON BEHALF OF ERNEST GUETTINGER This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Re~ziew 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 remove existing float and replace it with a 6' x 12' float and (1) 8' x 32' float. LOCATION: Oak Street, Cutchogue, New York 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 - Page 11. July 27, 1987 9. JOHN H. GEIDEMAN ON BEHALF OF JAMES LONG - APPL. NO. 552 NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Krupski the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO. :552 NAME: J. H. GEIDEMAN ON BEHALF OF JAMES LONG This notice is issued pursuant to the provisions of Article 8 of the Environmental Gonservation Law State Environmental Quality Review and 6NYGRR Part 617, Section 617.10 and Chapter 44 of the Gode 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 projec~ 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 36' x 4' catwalk, a 3' x 10' ramp and a 8' x 24' float. LOCATION: 32 Oak Street, Cutchogue, New York 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.G. it is assumed that there are no objections nor comments from those agencies. 9. Vote of Board:Ayes: All - This resolution was declared duly adopted. 10. EN-CONSULTANTS, INC. ON BEHALF OF WALTER SMITH-APPL. NO. 551 Moved by Trustee Bredemeyer seconded by,,,T~ustee Krupski it was RESOLVED to TABLE the application on behalf of Eh-Consultants, Inc. on behalf of Walter Smith requesting a new site plan reflecting the properlsize of the boat ramp whereas the plan submitted did not coincide with the structure that h~ is proposing to reconstruct. 10. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. Board of Trustees - Page 12. July 27, 1987 11. CHARLES SIDOROWICZ - NEGATIVE ENVIRONMENTAL ASSESSMENT - APPL.NO. 553 Moved by Trustee Krupski seconded by Trustee Bredemeyer the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 553 NAME: CHARLES SIDOROWICZ This notice is issued pursuant to the provisions of Article 8 of the Environmenta~ 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 thai 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 install approximately 80 tons of 6" to 14" run stone for a total Of 74'. LOCATION: 3300 Cox Neck Road, Maitituck, New York. 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 froTM 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. 11. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - Page 13. July 27, 1987 12. LAND USE COMPANY ON BEHALF OF CHRISTOPHER W. KARB APPL. NO. 554 Moved by Trustee Larsen seconded by Trustee Krupski the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 554 N~kM_~iE:..Land Use Company on behalf of Christopher W. Karb This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Re~ziew and 6NYCRi~ 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 120' x 3' catwalk, 16' x 3' ramp and a 6' x 16' float. LOCATION: West Creek Avenue, 505' s/w of Old Pasture Road, Cutchogue. 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. 12. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - Page 14. July 27, 1987 13. LAND USE COMPANY ON BEHALF OF HARVEY MCMAHON - NEGATIVE ENVIRONMENTAl, ASSESSMENT- APPL. NO. 556 Moved by Trustee Larsen seconded by Trustee Smith the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 556 NAME: Land Use Company on behalf of Harvey McMahon 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 4' x 28' catwalk, 4~ x 14' ramp and a 6' x 16' float. LOCATION: 420 Beachwood Lane, Southold, New York 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, 13. Vote of Board: Ayes: All - This resolution was declared duly adopted. 14. LAND USE COMPANY ON BEHALF OF PETER STEIL - APPLICATION NO. 555 Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED to TABLE the application of the Land Use Company on behalf of Peter Steil pending a site inspection by the Board of Trustees on August 5, 1987. 14. Vote of Board: Ayes: All - Th~s resolution was declared duly adopted. Board of Trustees - Page 15. July 27, 1987 15. GEORGE L. PENNY, INC. - APPLICATION NO. 560 - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Smith seconded by Trustee Krupski the following negative environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: July 27, 1987 APPLICATION NO.: 560 NAME: GEORGE L. PENNY, INC. 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 use lot for parking purposes. To resurface with stone blend. LOCATION: Kerwin Blvd., Greenport, New York REASONS SUPPORTING THIS DETERMINATION: 15. 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 ag encies. Vote of Board: Ayes: All - This resolution was declared duly adopted. Trustee Krupski suggested that a small berm be constructed at the back side of the property to prevent any run off into that area. Board of Trustees - Page 16. July 27, 1987 VII. 1. WAIVERS: EUGENE & BARBARA PERINO - APPLICATION NO.564 Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to DENY the request made by Eugene & Barbara Perino for a WAIVER of the Wetland Ordinance to construct a house and deck and to grade with minimal landscaping on property located at 820 Truman's Path, East Marion. Vote of Board: Ayes: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski - Abstained: Trustee Bredemeyer - This resolution was declared duly adopted. iA. EUGENE & BARBARA PERINO - APPLICATION NO.564 - LEAD AGENCY DECLARATION 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 Eugene & Barbara Perino for a Wetland Permit' on certain property located at 820 Truman's Path, East Marion. IA. Vote of Board: Ayes: Trustee Smith, Trustee Larsen, Trustee Goubeaud, Trustee Krupski - Abstained: Trustee Bredemeyer-This resolution was declared duly adopted. 2. PAUL & CHARLOTTE GALGAN - WAIVER Moved by Trustee John Bredemeyer seconded by Trustee Krupski WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered ali the documentation submitted concerning this request, and WHEREAS, the Board made the follovzmg findings of fact: 1. By this request appellant requests permission to construct a 10' x 24', 3"6"x 8'7" and a 6' x 8' with a 4'6"~8': additions to an existing residence. 2. The property is located at 4605 Stillwater Avenue, Cutchogue. 3. The project will not affect the health, safety or general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that ~Paul & Charlotte Galgan Be and Hereby are Granted a Waiver ot the Wetland Ordinance as aforementioned and all in accordance with the plan submitted on June 26, 1987 along with the application for same. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. JOHN H. GEIDEMAN FOR WILHELM FRANKEN - WAIVER Moved by Trustee Goubeaud seconded by Trustee Krupski WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning Board of Trustees - Page 17. July 27, 1987 this request, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a 25' x 25' accessory building for storage purposes. 2. The property is located on Osprey Nest Road, Greenport. 3. The project will not affect the health, safety or general welfare of the people of the Town. NOW, THEREFORE BE IT RESOLVED that~John H. Geideman on behalf of Wilhelm Franken Be and Hereby is Granted a Waiver of the Wetland Ordinance as aforementioned and all in accordance with the application and plan submitted on July 9, 1987. Vote of Board: Ayes: All - This resolution was declared duly adopted. 4. WM. M. BEEBE FOR JAMES HOMAN - WAIVER Moved by Trustee Krupsl~i seconded by Trustee Bredemeyer WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning this request, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a 10' x 12' extension to an existing residence. 2. The property is located on Haywaters Road, Nassau Pt., Cutchogue. 3. The project will not affect the health, safety or general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that Wm. M. Beebe Builder's, Inc. on behalf of James Homan Be and Hereby is Granted a Waiver of the Wetland Ordinance as aforementioned and all in accordance with the plan submitted with the application dated July 21, 1987. 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. 5. CHARLES E. THORP ON BEHALF OF WILLIAM & PATRICIA BRENNEN - WAIVER Moved by Trustee Larsen seconded by Trustee Krupski ~. WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered ali the documentation submitted concerning this request, and WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a 16'xg"x 12' addition to an existing residence. 2. The property is located at 1050 Trumans Path, East Marion. 3. The project will not affect the health, safety or general welfare of the people of the town, NOW, THEREFORE BE IT Board of Trustees - Page 18. July 27, 1987 RESOLVED THAT Charles E. Thorp on behalf of William and Patricia Brennen Be and Hereby is Granted a Waiver of the Wetland Ordinance as aforementioned and all in accordance with the plan submitted with the application dated June 4, 1987. Vote of Board: Ayes: All - This resolution was declared duly adopted~. 6. ROY L. HAJE, EN-CONSULTANTS, INC. ON BEHALF OF DONALD BRENNAN-WAIVER Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered ail the documentation submitted concerning this request, and WHEREAS, the Board made the following findings of facts: 1. By this request appellant requests permission to construct 184'+ of 20" high timber retaining wall as a border between a lawn and a stone area. Work is entirely landward of an existing timber bulkhead. 2. The property is located at 10090 New Suffolk Ave., Cutchogue. 3. The project will not affect the health, safety or general welfare of the people of the Town, NOW, THEREFORE BE IT RESOLVED that Roy L. Haje, President, Eh-Consultants, Inc. on behalf of Donald Brennan BE and Hereby is granted a Waiver as aforementioned and all in accordance with the plan submitted with the application on July 13, 1987. Vote of Board: Ayes: Trustee Smith, Trustee Bredemeyer, Trustee Goubeaud, Trustee Krupski - Abstained: Trustee Larsen - This resolution was declared duly adopted. 7. JOSEPH PERRICONE - WAIVER REQUEST Moved by Trustee Goubeaud seconded by Trustee Smith it was RESOLVED that the Southold Town Trustees Deny the request for a Waiver of the Wetland Ordinance for the construction of a deck on property located at 2060 Clearview Ave., Southold. 7. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. 7A. JOSEPH PERRICONE - LEAD AGENCY DECLARATION - APPLICATION NO. 565 Moved by Trustee Goubeaud 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 Joseph Perricone for a Wetland Permit on certain property located at 2060 Clearview Ave., Southold. 7A. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. President Smith recessed the regular meeting to hold the scheduled Public Hearings on the Wetland Applications as follows: IV. PUBLIC HEARINGS: 7:30 P.M. - In the matter of the application of Daniel F. Dragonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris. 7:32 P.M. - In the matter of the application of John C. W. Campbell. Board of Trustees - Page 19. July 27, 1987 7:34 P.M. - 7:36 P.M. - 7:38 P.M. - 7:40 P.M. - 7:42 P.M. - 7:44 P.M. - 7:46 P.M. - 8:00 P.M. - In the matter of the applicationof Howard R. Brower, Jr. In the matter of the application of the Land Use Company on behalf of William Pymm. In the matter of the application of William F. BEal. In the matter of the application of John H. Geideman on behalf of Gardiners Bay Property Owner's Association. In the matter of the application of Eh-Consultants, Inc. on behalf of Alexander Koke. In the matter of the application of Yah Reiger. In the matter of the application of Eh-Consultants, Inc. on behalf of Harold Wilsberg. Notice of hearing regarding the Critical EnvironmentM Areas within the town of Southold for designation. Regular meeting resumed at 9:05 P.M. the Trustees resumed with agenda item VIII. MOORINGS: 0 RUDOLPH DAMM - APPROVAL Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED to APPROVE the mooring request made by Rudolph Damm to place an offshore mooring in Mattituck Creek, using private access, property located at 560 Deer Drive, Mattituck. Vote of Board: Ayes: All - This resolution was declared duly adopted. CHARLES E. BEEBE - APPROVAL Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to APPROVE the mooring request made by Charles E. Beebe to place an offshore mooring in East Creek, using private property as access, propery is located at 1850 Beebe Drive, Cutchogue. Vote of Board: Ayes: All - This resolution was declared duly adopted. PAUL KREILING - APPROVAL Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the mooring request made by Paul Kreiling to place an offshore mooring in Mud Creek, using private property as access, property is located at 2285 Little NeckR0ad, Cutchogue, with the provision that a fore and aft anchors are used. Vote of Board: Ayes: All - This resolution was declared duly adopted. 4. MICHAEL P. HARBEN - DENIAL Moved by Trustee Larsen seconded by Trustee Goubeaud it was RESOLVED to DENY the request made by Michael P. Harben to place an offshore stake with pulley line to onshore stake in Eugene's Creek, and the applicant is directed to remove the boat from the property By A~g~ist~ 3rd. or the Bay Constable will be directed to remove and impound the boat. 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. Mr. Burger appeared before the Boar~d and advised that the stake for Mr. Harben is on his property without permission from him. The Trustees reassured Mr. Burger that they would take care of this matter. Board of Trustees - Page 20. July 27, 1987 5. RICHARD SIRIANO - APPROVAL Moved by Trustee Larser~ seconded by Trustee Goubeaud it was RESOLVED to APPROVE the request made by Richard Siriano to place an offshore stake with pulley line to onshore stake in Eugene's Creek, using private access, property is located on Track Ave., Cutchogue. 5. Vote of Board: Ayes: All - This resolution was declared duly adopted. 6. CHARLES D. HARDY - APPROVAL Moved by Trustee Goubeaud seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the request made by Charles D. Hardy to place an offshore mooring in Jockey Creek, using private access, property is located on Oaklawn Ave., Southold. 6. Vote of Board: Ayes: All - This resolution was declared duly adopted. 7. LOUIS A. LIONETTI - DENY Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to DENY WITHOUT PREJUDICE the application of Louis A. Lionetti to place an offshore stake with pulley line to onshore stake in Narrow River, Orient whereas there is insufficient room at this time. 7. Vote of Board: Ayes: All - This resolution was declared duly adopted. Trustee Larsen left the meeting room. 8. WINIFRED MITCHELL - DENY Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED to DENY request made by Winifred Mitchell to place an offshore stake with pulley line to onshore stake in Eugene's Creek, using private property as access, property is located at 3810 Stillwater Ave., Cutchogue the applicant is to be notified to remove the stake by August 3rd. or the Bay Constable will be directed to remove and impound the boat. 8. Vote of Board Ayes: Trustees Smith, Bredemeyer, Krupski, Goubeaud - Trustee Larsen out of the room. This resolution was declared duly adopted. Trustee Larsen returned to the meeting room. 9. CHRISTINE HUNT (BRAUTIGAM) - APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED to APPROVE the request made by Christine Hunt (Brautigam) to place an offshore mooring in Mud Creek, Cutchogue using private property as access, property is located at 240 Strohson Road, Cutchogue. Approval is subject to Trustee Krupski's inspection. 9. Vote of Board:_.Ayes: All - This resolution was declared duly adopted. IX. 1. AMENDMENTS TO PERMITS: CINDY MOLONEY Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to approve the request made by Cindy Moloney to amend permit no. 235 to reflect a 20' x 4' stationary dock on property located on 6430 Fleetwood Road, Cutchogue. Vote of Board: Ayes: Truste~e Smith, Trustee Bredemeyer, Trustee Goubeaud Abstained: Trustee Larsen, Trustee Krupski - This resolution was declared duly adopted Board of Trustees - Page 21. July 27, 1987 2. FRANK R. REILLY Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to Approve the request made by Frank R. Reilly to amend his permit no. 2195 to reflect a 8' x 25' deck to be constructed in front of the cabin up to the existing bulkhead. Property is located on East Side Ave., Mattituck. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. 3. FREDERICK KOEHLER Moved by TRustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to Approve the request made by Henry E. Raynor, Jr. on behalf of Frederic Koehler to amend his permit no. 317 to include a deck (40' x 10')- to be constructed landward of an existing bulkhead on property located on Old Harbor Road, New Suffolk. 3. Vote of Board: Ayes: All - This resolution was declared duly adopted. 4.. GARDINERS BAY PROPERTY OWNERS ASSOCIATION Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to Approve the amended plan as requested for the proposed project on behalf of J. H. Geideman for the Gardiners Bay Property Owners ASsociation to construct a retaining wail 3~ landward of the mhw line to be 135' long and to tie into an existing bulkhead and to remove an existing catwalk. Property is located on Orchard Lane, East Marion. There is to be no dredgign associated with this project. 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. 5. PETER FAKIRIS Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to amend the wetland application no. 534 submitted by Daniel Dragonetti on behalf of Peter Fakiris to include a 50' x 6' "T" float on property located on Shipyard Lane, East Marion. 5. Vote of Board: Ayes: All - This resolution was declared duly adopted. APPROVAL OF THE WETLAND/TRUSTEE APPLICATIONS: ERNEST & GAIL FAIRCLOTH Moved by Trustee Larsen seconded by Trustee Bredemeyer it was RESOLVED to Approve the request made by John J. Myles to transfer his mooring permit to his parents Ernest & GAil Faircloth. Permit No. 2198, mooring No. 734, James Creek. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - Page 22. July 27, 1987 DANIEL F. DRAGONETTI FOR PETER FAKIRIS - APPROVAL Moved by Trustee Krupski seconded by Trustee Larsen WHEREAS, Daniel F. Dragonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, 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 ali 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 Daniel F. Dragonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris BEAND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD ~S AMENDED TO: Construct 200' x 47 of dock with 50' x 6' "T" to be secured by 36 pilings. Permission is granted with the deletion of the 17' of bulkhead and the 800 cu. yds. of fill. A natural dune is to be maintained. Property is located on Shipyard LCne, ~,ast Marion. This permit will expire on July 27, 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. JOHN C. W. CAMPBELL - APPROVAL Moved by Trustee Larsen seconded by Trustee Bredemeyer WHEREAS, John C. W. Campbell applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1987, and WHEREAS said application was referred to the Southold Town Board of Trustees - Page 23. July 27, 1987 Cgnservation Advisory Council for their findings and r~commendations, and WHEREAS, a public hearing was held by the Town TruStees with r~spect to said application on July 27, 1987, at which time all interested p~rsons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and W~EREAS, the Board has considered ali the testimony and documentation stibmitted 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 C. W. Campbell BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDiNAN(SE OF 'I'HE TOWN OF 5OU'I'HOLD TO: ~d~truct a single family residence on property located on Harbor Lights D~ive, Southold. T~is permit is approved with the provision that dry wells are installed to contain run- o~f and there is to be no fertilization used on the lawn. This permit will. expire on July 27, 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 ~nsured. 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. HOWARD BROWER, JR.- APPROVAL Moved by Trustee Smith seconded by Trustee Goubeaud WHEREAS, Costello Marine Contracting Corp. on behalf of Howard Brower, Jr. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 13, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are Board of Trustees - Page 24. July 27, 1987 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 Corp. on behalf of Howard Brower, Jr. BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO:Construct a 30" x 20' ramp and a 6' x 20' float dock to be secured by two spiles. Property is located at 1170 Eugene's Road, Cutchogue. This permit will expire on July 27~ 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 ~nsuring 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. WILLIAM PYMM - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, The Land Use Company on behalf of William Pymm applied to the Southold Town Trustees for a Permit under the prov~mons of the Wetla~nd_O~dinance of the Town of Southold, application dated May 1, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 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 William Pymm BE AND HEREBY IS GRANTED PEi~MISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a single family residence, pool with decking and sanitary system. To construct a 4' x 20' fixed walk leading to a 3' x 8' ramp and a 6' x 20' float.dock. Property is located on Reeve Road, Mattituck. Board of Town Trustees - Page 25. July 27, 1987 This permit will expire on July 27, 1989 if work has not commenced b~ 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. WILLIAM F. BEAL - APPROVAL - NO. 541 Moved by Trustee Goubeaud seconded by Trustee Krupski .~ WHEREAS, William F. Beal applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 18, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 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 William F. Beal BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Devegetate and fill to raise the grade to construct a house. P ~perty is located on New Suffolk Ave., New Suffolk. Approval is granted with the provision that the recommendations that the Trustees made regarding planting are adhered to. This permit wilt expire on July 2g, 1989 if work has n'qt~comm..er~:~,ed 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 - Page 26~ July 27, 1987 GARDINERS BAY PROPERTY OWNER"S ASSOCIATION - TABLE Moved by Trustee Smith seconded by ,Trustee Larsen it was RESOLVED to TABLE the determination on the application of the Gardiners Bay Property Owner's AssOciation submitted by John H. Geideman until the Trustees make another inspection of the site on August 19, 1987. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. ALEXANDER KOKE - APPROVAL - APPLICATION NO. 531 Moved by Trustee Larsen seconded by Trustee Bredemeyer WHEREAS, Eh-Consultants, Inc. on behalf of Alexander Koke applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May t, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 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 ail the testimony and documentation submitted concerning this application, and it was noted that no objections were raised, 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 Alexander Koke BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a house, pool, sanitary system, bluestone driveway, extension of berm parallel to bulkhead and approximately 40' from it. To fill with 3500 cu. yds. of fill. To construct a timber dock off the bulkhead consisting of a 4' x 4' platform, 3' x 16' hinged ramp, (3) 6' x 20' floats secured by (4) 8" pilings on the inside. Property is located on Pine Neck And North Bayview Road, Southold. This permit will expire on July 27, 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 - Page 27. July 27, 1987 YAN H. RIEGER - APPROVAL - APPLICATION NO. 533 Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, Yah H. Rieger applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1987 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 27, 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 ail 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 Yah H. Rieger BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a low profile timber retaining wall above the high water mark, and to fill with 60 cu. yds. of fill. This permit is approved with the provision that the toe of the structure is to be armored with stone to be trucked in with no disturbance to any on site stones. Property islocated at 370 Harbor Road, Orient. This permit will expire on July 27, 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 aiso have an application pending" for the same or similar project. Vote of B6~d: ~kyes: All - This resolution was declared duly adopted. HAROLD WILSBERG - APPROVAL - APPLICATION NO. 398 Moved by Trustee Bredemeyer seconded by Trustee Smith WHEREAS, En-Consultants, Inc. on behalf of Harold Wilsberg applied to the Southold Town Trustees for a permit under the prowsions of the Wetland Ordinance of the Town of Southold, application dated May 13, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with Board of Trustees - Page 28. July 27, 1987 respect to said application on July 27, 1989 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered ail the testimony and documentation submitted concerning this application, and no objections were raised, 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 Harold Wilsberg BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE THE TOWN OF SOUTHOLD TO: Construct a 50~ timber bulkhead along the easterly half of the property, to be generally along th line of mhw. To dredge an area up to 35' off the proposed structure to the maximum depth of 4' below mlw. Approximately 325 cu yds. of spoil will be removed and placed behind the proposed bulkhead/retaining wall as backfill and the remainder is to be spread on the owner's lot. An area 50' x 8' ~n front of the proposed retaining wail on the westerly side will remain undredged and will be planted with Spartina aiternifloara plugs 9" on cneter. This permit is approved with the provision that the slope of 3 to 1 is used when dredging. Property is located on Old Jule Lane, Mattituck. This permit will expire on July 27, 1989 if work has not commenced by said date. There are tow inspections required and the Trustees are to be notified upon the completio 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: Trustees Smith, Trustee Bredemeyer, Trustee Krupski~ Trustee Goubeaud: Nay: Trustee Larsen - This resolution was declared duly adopted. HAROLD REESE PROPERTY: Trustee Bredemeyer reported that the Planning Board had requested that the Trustees reinspect his property in East Marion. Trustee Bredemeyer reinspected the property and advised that the property is vegetated very well. He said that the perennials came up well. There is Baccharis there by the ~~ o~ th~o~.g~s~¢nds and seedlings about an inch apart. All the cat briar is up ~~fi~'~'P~,~_~l~0~ ~It 'is~ totally vegetated at this time. A communication will be ~o]l~r~~a~g'!}JJ'~Pt: 'to advise them of same. Trustee~'~~ i~L~l~ ~etin'g room .~ Moved by Trustee }~'~beaud seconded by Trustee Krupski it was RESOLVED that the Trustees will review an interdepartment monthly violation report. Vote of,B~oar~.~TruWt~~ Go~beaud, Trustee Krupski, Trustee Bredemeyer: Nay: Smith George ~]3~~a~ffi~b~,_~,~4~ Sh~j~.~0~r~ct to request that the Peconic dune area u to H~$rt'~s~'-~oi~r~t ]~'~i'c~er~d as a crltical Environmental area. Trustee p , Bredem~y,e.~,v_,i~se_~,~t~.a.,t the D.E.G. ~,s,.Fe~uiring, to the best of his knowledge, that any project in this area will be a type 1 action. The Trustees suggested-that Mr. Bambrick go to the Town Board in regard to this matter. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that this meeting be and hereby is adjourned at 10:05 P.M. Vote of Board: Ayes: All - This resolution was d.eclared duly adopted. PUBLIC HEARING IN THE MATTER OF DANIEL F. DRAGONETTI CfO GUSMAR REALTY CORP. FOR PETER FAKIRIS NOTICE IS HEREBY GIVEN THAT. PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAiN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. Z:30 P.M.- In the matter of the application of Daniel F. Dragonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris to construct 200' x 4' of dock with a 50' x 6' '!T" to be secured by 36 pilings and tO construct 17 lin, ft. of bulkhead and to fill with 800 cu. yds. of fill. Property is located on Shipyard Lane, East Marion. Trustee Smith: That is the official publication of the hearing notice. Ar.e there any comments for or against this application? (No comments from the audience) Do any of ~the Trustees have any comments? Trustee Krupski: This is amended to include the "T" f50' x 6') dock on the end. Didn't we discuss the deletion of the 800 cu. yds. of fill and the bulkhead? Trustee Smith: Yes. I have the comments from the Conservation Advisory Council as follows: "Recommend approval of the dock but disapprove of the bulkheading. The C.A.C. suggests the applicant extends the ramp from the base of the dock up further and that would eliminate the need for the bulkheading. The C.A.C. does not approve of the bulkhead because there are no other bulkheads in the area and the bulkhead would create erosion problems. Trustee Bredemeyer: Also on inspection we felt they could create the natural contour of the existing vegetated berm, but to leave in tact the beach grass and dune that was presently there. Trustee Smith: I have contacted Mr. Dragonetti, he is here tonight, and he said he is willing to drop the bulkhead portion from the application. Ar~e there any !other comments? No comments. Being no further discussion on this application, I close this public hearing. PUBLIC HEARING IN THE MATTER OF HOWARD R. BROWER, JR. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:34 P.M. - In the matter of the application of Costello Marine Contracting Corp on behalf of Howard R. Brower, Jr. to install a floating dock 6' x 20' secured by two galvanized pipes and to install a 30' ramp. Property is located at 1170 Eugene's Road, Cutchogue. Trustee Smith: Does anyone have any comments to make on this application? George Costello: My name is George Costello. There is a typographical error it is not a 30 ft. ramp it is a 20~ ramp. The ramp is 30" x 20'. Secretary: There was a discrepancy on the drawing submitted it says 30" x 20' and on the application itself it says a 30' ramp. Trustee Smith: We can clear that up in the approval. Trustee Bredemeyer: We are talking about a 20' x 30" ramp. Trustee Smith: Yes. Trustee Bredemeyer: I believe'that we felt that the 20ft. ramp would be acceptable; Trustee Krupski: Is this the application that we have objection to? Becaus-e there is a channel .... Trustee Bredemeyer: And I believe that the 20 ft. was acceptable. We read the application to be 30' then we asked them to shorten it by 10 ft, making it 20~ and correct me if I'm incorrect, but that was acceptable to all of us. Trustee Krupski: Then it was shortened by ten feet. Trustee Smith: ~t is noted for the record that we have-a letter from Mr.~ Hayden F. _All~n in the file. I-wo~ld like to mention tha~ the Conservation Advisory- Council l~as recommende~l approval of this application. Are there any other comments. (NO response) ? Do any of the Trustees have any comments. (No response). Then I will close this public hearing in the matter ~of Howard R. Brower, Jr. PUBLIC HEARING IN THE MATTER OF WILLIAM PYMM NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:36 P.M. - In the matter of the application of the Land Use Company on behalf of William Pymm to construct a single family residence, pool with decking and sanitary system. To construct a 4~ x 20~ fi~ed walk leadin.g to a 3' x 8~ ramp and a 6~ x 207 float. Property is located on Reev~-~Road, Mattituck. Trustee Smith: Does anyone have any comments to make on this application. Do any of the Trustees have any comments on this application? Trustee Bredemeyer: The C.A.C. did not make their comments yet. hearing or Table the decision. No comments. We can recess the Trustee Larsen: Al, do you have anything on this application? Ralph Condit: ~ Ralph Condit and I represent the Conservation Advisory Council. We would like to wait and see where the sanitary system will be located on the property so that it would not be to close to the creek so that it will not leach into the creek. Trustee Larsen: I know that it has been said, and I don't know if we have anything in writing or if there are any assurances on this but it came up sometime that this lot and three others were part of three approved upland water and sanitary areas John, do you know anything about this? ' Trustee Bredemeyer: I'm not familiar with that. Trustee Smith: I would think that it may be for the well? The plan shows the cesspool in excess of 75' from the water. Ralph, do you want to come up and look at this plan? No comments. No comment. Then I will Trustee Krupski: Can I see that? Trustee Smith: Ralph do you want to come up and' see this plan? Ralph Condit: I feel that ii-meets the setback, no problem. Trustee Smith: Are .there any further questions on this application? Does anyone in the audience have any questions on this? close this public hearing. PUBLIC HEARING IN THE MATTER OF WILLIAM F. BEAL NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:38 P.M. In the matter of the application of William F. Beal to devegetate and fill to raise the grade to construct a house. Property is located on New Suffolk Ave., New Suffolk. Trustee Smith: Are there any comments from the audience regarding this application? No comments. Do any of the Trustees have any comments? Trustee Larsen: Mr. BeaI will you please come up. We have some questions. John you can go first, gentlemen first. Trustee Bredemeyer: You were in receipt of some suggested plan-tings, were they acceptable to you? Mr. Beah Yes, they are acceptable. But, I would like to know which one I should use the sandy s0i~s or the to p soils? Trustee Bredemeyer: I think you have the sandy soils. We would leave it up to you which plants you want to use, provided you stabilize. Trustee Krupski: He should use the sandy soil list. Mr. Beal: _Then you want me to use. the sandy plantings. Trustee Kru pski: Yes. Trustee Smith: Are there any other comments? (No response) Then I will close this public hearing. PUBLIC HEARING IN THE MATTER OF Gardiners Bay Property Owners Association NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAiN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 2?, t987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:40 P.M. In the matter of the application of J. H. Geideman on behalf of the Gardiners Bay Property Owner's Association to construct a bulkhead 150' to tie in to an existing bulkhead on the north end; To remove an existing catwalk. Property is located on Orchard Lane, East Marion. Trustee Smith: Are there any comments for or against this application? Trustee Goubeaud: They came back with another request to amend the application again because the Association does not want the catwalk removed. Trustee Bredemeyer: We should, before we move on the final vote, vote on the amendment. The amendment was not offered by the agent, as was previously seen on the application. John Geideman: The members of' the Association are here and the decision has been made that the cat~w~alk is on the wrong side of the proposed bulkhead thai we are going to construct. There is no place that will provide a walking area on the canal side of the bulkhead. With the removal of the bulkhead we are going to construct a ground walk that will take us above any tide elevation. Trustee Bredemeyer: For the purpose of. clarifying the application, can I ask you a few questions? Are you saying that the Association wishes to maintain a catwalk? Mr. Geideman: No, no catwalk. Trustee Bredemeyer: We saw that you want to construct a bulkhead/retaining wall landward of the marsh fringe. Mr. Geideman: Above the high tide line. Trustee Bredemeyer: For that section that parallel's the existing catwalk, and to rebuild the attachment to the existing bulkhead. John Geideman: No attachment to the bulkhead, it will be a ground level walk behind the bulkhead. Trustee Bredemeyer: You have an existing bulkhead to the east that it will tie in to at some point. So the finished project will run to protect all the marsh fringe and have a walk behind it. Mr. Geideman: Exactly. Trustee Krupski: HOw wide is the proposed walk? Mr. Geideman': It is very seldem used and it is just there so that we can maintain the bulkhead that we are putting up. Gardiner's gay Property Owners Association Public Hearing - Page 2. Trustee Bredemeyer: What will the fate of the existing catwalk be? John Geideman: We are going to take it out completely. Trustee Goubeaud: And incorporate the space with the new walk? Mr. Geideman: No. Continue? Stay? Trustee Krupski: I~m still not clear about the walkway behind the retaining wall. John Geideman: Just on the land, just an area that will be available for walking along behind the bulkhead for maintenance, clearing. Trustee Smith: We have Conservation Advisory CounciFs approval. Any other Comments? No comments. Any Trustees have any other comments. No comments. Then I will close this public hearing. PUBLIC HEARING IN THE MATTER OF Yah Reiger NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINA'NCE OF THE TOWN OF SOUTHOLD. 7:44 P.M. - In the matter of the application of Yah Reiger to construct a low profile timber retaining wall above the high water mark and to fill with 60 cu. yds. of snad. PrOperty is located ~t 370 Harbor Road, Orient. Trustee Smith: Do any of the Trustees have any comments? Trustee Bredemeyer: I believe that we felt that we wanted to s'ee some armoring of the toe of the structure to break up some of the wave action that could come along there. Or the alternative that the build a gabion or some other structure instead of going with the retaining wall. I think that should be considered in the permit. ATrus?e Smith: We have Conservation Advisory Council's approval. re there any other comments. No comments. Trustees? No comments. will close this hearing. Then I PUBLIC HEARING IN THE MATTER OF HAROLD WILSBERG NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 ON THE FOLLOWING APPLICATIONS FOR PERMI%S UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:46 P;M. - In the matter of the application of Eh-Consultants, Inc. on behalf of Harold Wilsberg to construct a 50' timber bulkhead along the easterly half of the property to connect and be in line with 50' of proposed retaining wail along the westerly half of the property, to be generally along the line of mhw. To dredge an area up to BS' off of the proposed structure to the maximum depth of 4' below mlw. Approximately $25 cu. yds. of spoil will be removed and placed behind ~he proposed bulkhead/retaining wall' as backfill the remainder is to be spread on the owner's lot. An area 50' x 8' in front of the proposed retaining wall on the westerly side will be planted with Spartina alterniflora plugs 9" on center. Property is located on Ole Jule Lane, Mattituck. ~ Trustee Smith: Does anyone-here have any comments for or against this application? No comment. Do any of the Trustees have any comments? Trustee Larsen: I have a couple of questions. This application has been before us forever. The p~pose of the application was not to further bulkhead a man made canal which has Spartina alterniflora fringe on it. Mr. Wilsberg's adjacent neighbor did bulkhead. We found out that there is a potential for this area to turn into a "sludge pot". We have been trying to work with him to come up with an alternative. I think that it would have been easier to go with the retaining wall, the dredge and the catwalk. This is like amish mash in my opinion. Trustee Smith: Well, I think that this is the mish mash that the Trustees a~d Mr. Wilsberg agreed to. Trustee Lars~n: I would like to ask Mr. Samuels how he arrived at .the cu. yds.? The length is 35 ft. what is the width of the dredge project? How did you arrive at 325 cu. yds.? Mr. Samuels: You have me at a loss. Roy Haje is on vacation, a much deserved vacation, ~miglk't-~add-: :I did help him with the calculations on the cu. yds. but right now I don~t have it in my memory what the calculations are. Harold do you know what they are? ' Trustee Larsen: That was my only question. We will vote onthis tonight. Trustee Smith: I thought we went through a' lot of work, meeting with Mr. Wilsberg -trying to w~rk, this out with Mr. Samuels. This is something that we all agreed upon. Trustee Krupski: I have a question? The area 50' x 8' in front of the proposed retaining wall how is that determined? __ Mr. Samuels: I believe, to my recollection, and I don't want to pull a John Point~iexter, that night we were down there, or that afternoon, we measured from the low tide ~nai-k to the proposed retaining wall, which would be the high tide mark ....... which means that the alterniflora should flurish there. Trustee. Bredemeyer: That corresponds with what we saw there. Harold Wilsberg - Public Hearing Page 2. Trustee Larsen: The only thing that I would be concerned with is with She bulkheading and scouring can you put in a 5 to 1 slope in there? Mr. Samuels: I don't think that you will get any wave action in there, it is at the end of the creek. Trustee Smith: Thank You. Are there any other comments. No response. Any of the Trustees have any other comments? No comments. Then I will close this hearing. PUBLIC HEARING CRITICAL ENVIRONMENTAL AREAS NOTICE IS HEREBY GIVEN THAT PUt~LIC HEARING WILL'BE HEDL BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD,'AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON MONDAY, JULY 27, 1987 TO COMMENCE AT 8:00 P.M. REGARDING THE CRITICAL ENVIRONMENTAL AREAS WITHIN THE TOWN OF sOUTHOLD FOR DESIGNATION BY THE TOWN TRUSTEES FOR THE CUTCHOGUE/ MATTITUCBi AREAS AS FOLLOWS: LITTLE CREEK AND BEACH: The Little Creek and Beach habitat area is located just north of Little Hog Neck facing Little Peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, N.Y.). The fish and wildlife habitat is approximately 45 acres in size, consisting of sparsely vegetated sand beach, a tidal inlet, a small protected bay and creek (Little Creek), mud flats and salt marsh. There is low density residential.development around the border of the area. CUTCHOGUE HARBOR WETLANDS: Cutchogue Harbor and its adjacent wetlands are located west of Little Hog Neck, opening into Little Peconic Bay in the Town of Southold, Suffolk County (7.5-' Quadrangles: Southold, New York). This approximate 490 acre habitat includes t~e'shallow open water area of Cutchogue Harbor (205 acres) and three adjacent, distinct tidal wetland/creek areas: Wickham Creek, Haywater Cove, and Meadow Beach (HorseshQe Cove). The Wickham Creek area contains approximately 70 acres of undisturbed tidal creek and salt marsh located behind a low beach bn Cutchogue Harbor. The Haywater Cove area consists of approximately 190 acres of salt marsh islands, mudflats, open water and tidal creek including East Creek, Mud Creek and Broadwater Cove. Ail thr~ of these tidal creeks have been disturbed to some extent by adjacent residential and recreational development. The meadow beach area is an approximate 25 acre area, including a 15 acre wetland preserve owned by the Nature Conservancy, bordered by undeveloped wooded shoreline. Much of the Cutchogue Harbor and Wetlands area receives moderate summer recreational use. DONNS CREEK: Downs Creek is located approximately one mile southwest of the hamlet of Cutchogue, in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, New York.) The fish and wildlife habitat is an approximate 70 ac~e tidal estuary, containing salt marsh, open water, and mudflats. The area surrounding Downs Creek is almost entirely undeveloped, with mature woodlands bordering the marsh. MATTITUCK INLET WETLANDs: The Mattituck Inlet Wetland habitat area is located north of the village of Mattituck on Long Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangle: Mattituck Hill, New York). The fish and wildlife habitat consists of an approximately 60 acre tidal wetland and creek. North of the wetland, Mattituck Inlet, a deepwater inlet with strong tidal flushing, enters Long Island Sound. South of the inlet, Mattituck Creek extends approximately for an additional mile with moderate residential and marina development. The wetland habitat itself is undist6rbed;~ the majority of the wetland is owned by the New York State Department of Environmental Conservation. WEST CREEK: The West Creek Wetland h~bitat area is located on the West side of Grathwohl Road, north side of New Suffolk Avenue and east side of the North Fork Country Club. This area constitutes approximately 52.8 acres of land. Page 2. - Public Hearing on the Critical Environmental Areas WEST CREEK: The West Creek Wetland habitat area is located on the West side of Grathwohl Road, north side of New Suffolk Avenue and east side of North Fork Country Club. This area constitutes approximately 52.8 acres of land. Trustee Smith turned th~ meeting over to Vice-President John Bredemeyer. Trustee Bredemeyer: Good evening. I assume most of you here are 'here to.. register concern or information with respect to the hearing we are going .to hor~ on Critical Environmental Areas in the Town for designation. The Critical Area Designations are pursuant to the St ate Environmental Quality Re.view Act and the Trustees are proposing that we include a total of 12 areas within the Town of Southold. This being the first hearing of the three to take public input on potential Critical Area Designations. To try to make this clear to everyone what this entails, the areas we are going to describe and propose for this designation have already been designated by the New York State Dept. of State.through a program which enlisted support from the Trustees and the Conservation Dept. and other loca~ officials as designations as Significant Fish and Wildlife Habitats under a program which will eventually deal with Local Waterfront Revitalization and Shoreline Development. The Trustees, realizing that these areas have already been considered of State wide importance, feel that it is important that we give full credit to them being locally designated as Critical Areas to Fish and Wildlife. The lands we are talking about are Trustee Lands, lands under high water. The Critical ~krea De~signation would cover all activities under that zone as specifically spelled out in that resolution, if adopted, and would also include lands that are substantially contiguous to that zone. If you have property that has a mhw line, it per se is not a new law or restriction against individual land use or prescribes any new norms or any new law, but it will require that the Trustees review a Long Environmental Assessment Form somewhat more paper work for you as well as for us. This will enable the Trustees to scope out any potential impacts that may be in that .zone. The Board hopes to conduct all three Public Hearings on the areas to gather as much information as we can from the residents and then proceed with a final resolution either for or against the areas, all or some of them. We will probably devise our own Long Environmental Assessment Form which will be used on all projects in the Town within this area. At this time we can open the meeting up for comments or answer any questions you may have. Please come up to the nuc~ophone, and sign in on the sheet and clearly identify yourselfJ Trustee Larsen: This would designate any application as a type 1 action meaning that a closer look is given to the applications. Linda Fletcher: I am President of the New SuffolkCivic Association, Inc. i am speaking this evening on behalf of the New Suffolk Civic Association's 160 family membership to urge that you set aside these parcels of land which you are considering this evening as critical environmental areas. This designation is necessary in order that they can be protected from the ordinary process of development. Please approve the list as published. We~ fear unless you do so that these lands will become the stuff of headlines such as the Kramer/Herzweig and Moore property off of New Suffolk Avenue. Thank you. Trustee Bredemeyer: Can I say that that particular project went to a full environmental review process with the submission of multiple draft and final impact:~ statements. The process we are stating here now, would likely put any project along this zone of similar caliber in the same area. In realistic terms when the Board reviews a final impact statement, this type;of program is not designed to preclude or accept projects within the zone. It just increases the review. %Page ~3. - Public Hearing on the Critical ~Environmental Areas Linda Fletcher: The other letter that I would like to read is from Anne and Tom Lowry who are residents from New Suffolk who could not be here tonight. Gentlemen: or Gentle people: Please declare the wetland areas which you are considering this evening as critical environmental areas. It strikes us that the words themselves which you people use to describe the parcels in question almost demand the designation. The Little Creek and B~zch area is described as a "Fish and Wildlife area of ...45 acres in size.., a sparsely vegetated sand beach, a tidal inlet, a small protected bay and creek." You describe the Cutchogue Harbor Wetlands as in part "approximately 70 acres of undisturbed tidal creek and salt marsh" and go on to say that it has "been disturbed to some extent by adjacent residential and recreational development." You must not let more development further diminish our birthright. Please put ont he brakes by appropriately designating these portions of the North Fork. Sincerely, Annie and Thomas Lowry DR. THOMAS SAMUELS: Unaccustomed as I am to public speaking I come not in an adversary relationship at all. I wonder if the Public knows what exactally what your doing means. I don't think so. What your doing by making all these projects Type 1 actions is your creating a monster for the applicant. It is not the Town Trustees that are going to run up the red flag. The Town Trustees are a group of people within the town who go to these sites, who are aware of these sites, who know the people, who are aware of the oponents of the projects. And more often than not, make valid decisions, or at least compromise the project to the point that it is acceptable to the applicant. Thereby creating less polarization than we have in other areas of goverment. Who you are red fiagging it for is the D.E.C. because when you classify it as a Type 1 Action, you are definitely, definitely red flagging the project. The review that they give can be totally disastrous to the applicant. I would caution Town Boards not in the way, one I am a taxpayer,' a significant taxpayer in Suffolk County, a significant taxpayer in New York State and unfortunately a significant taxpayer to the Federal Government. Be that as it may, we have to be aware of private property rights. Now, what you are saying is that we want to protect these areas. We heard one lady talk about this. Halo enclosed, environmental image, and we are for that. I am too as a representative as a taxpayer and a citizen of town. What I find difficult though is that the Town Trustees who at present have the right to request a long environmental assessment form on any project that they see fit to do so. So what I see here is an apparent intent by the Trustees or some of the Trustees to take the desision as to weather the long form environmental assessment form is required out of your hands completely. Thereby taking the pressure off of you to make the unpopular to the applicant decision to the popular to those whose oppose the application who is someone other than the applicant. Further, a DEIS will be required for a greater number Of projects. By far the greatest growth industry in the U.S. is an environmental consultant, if you have an opportunity to get it to this industry get'in to it. Then the Trustees are going to have to evaluate these Draft Impact Statements. That ~s a tough job. The present Board has a few people who can do this. Looking down the road, it is increasing difficult to get qualified people to serve an elected office. What are we going to have, it will go back to the D.E.C. to write the final statement. And how much of a Board do we have now to go against the D.E.C. when the D.E.C. feels differently than the Trustees. Mr. Bear or Mrs. Oliva will jump all over the Board if you do oppose the D.E.C.. Now the D.E.C. does show some signs of mederatfor~ their more stringent applications of the law, but they have gone appr6~/im~tely 180% beyond the Legislatures intent in writing. Now the Trustees own the bottom. The Trustees own the bottom of the creeks you are talking about. There is no problem with that. You can say what ever you want to anybody who wants ,to use your bottom. In addition you already have S.E.Q.R.A. you want a long form, ask for it. You want a EIS ask for it. That is the way you get out from under the unpopular decision making. You have the Town Planner, the Town Planning Dept. is growing by leaps Page 4. - Public Hearing on the Critical Environmental Areas. and bounds. They probably eventually will have somebody that will be able to read an EIS in Marine Habitat and make a final EIS. So what you are doing is over kill, if your intent is solely is to take yourself out of the decision of making it necessary to go for a long form, fine. Then say that, we don~t want to make individual decisions in these areas because they are to critical to the town. If that is what you are saying, I don't know. Again we get back to::the increasing inroads in the rights of people to use your property in a reasonable way. Upland retaining walls and so on. You can not evaluate these critical areas by strictly evaluating the bottom. You are not going to say that our jurisdiction ends at the most seaward line of alterniflora. Which incidentally, the courts have ruled against the Southampton Trustees that their jurisdiction ends at the seaward limits of the vegetation, in thi's case alterniflora. Then you are going to put on your other hat and get into the Wetlands Or, d. inance which the Town Board, in their wisdom~ given to you to administer. So you are not just talking about, it is easy for you to say, the man wants to build a dock and there ~s nothing wrong with the dock but what is he going to do on the upland? That is going to have an effect on the use of the property. Then we have to take into consideration that it is a critical area. I have seen this, since 1973, I have seen what the intentions of a group of well meaning, intelligent people have done. What has become of it? The nightmare that the applicai~t has to face. All you have to do is look at the agenda at the meetings and see what it is. If someone was willing to do the job, on..th.e ~rus.tees, could cut this in half easily. Could you do it? No. Because politically it is untenable. Politically none of you will take the risk, and I don't blame you. It is a tough job, and my hat if off to you for sitting here week after week after week. But, what essentially you are asking for, you already have. Unless you figure that you are going to have. 5 Trustees envoted by the John Birch Society somewhere who is going to say that private property is everything and there fore you can do anything. You know tha~ is not going to happen, not in the world we live in. I would suggest that you have the courage to make individual, unpopular decisions on some things. This is not going to eliminate problems on Narrow River Road in Orient. Difficult sitt~tions with a very vocal, dedicated community group which has verty strong feelings. It is tough for a Trustee to stick his nose out, because he gets burned occasionally. And unfortunately all of the Trustees do not back up a man that has to make a difficult decision in behalf of the Trustees, which is also a very unfortunate situation. This so called designation, the intent is great, but you already have it. You have it. All you have to do is stand up and be counted when the time comes on the individual application. It is government by leadership instead of government by response. What you are doing, in my opinion, responding to what they .concern of the citizens of the town of these areas. Drive up New Suffolk Avenue and on the north side of the road are some of the pretti~s:t wetlands in the entire world. Those lands are owned by people, and those lands if we want to protect them in time we must purchase them.' Or purchase the rights to develop them, or do something for those people. Again you are throwing another burden on a man who has paid taxes for years and kept it the way it is. We get back to the same old story. The Town has the opportunity to make reasonable, honest, purchases of the land you are going to protect. In Cutchogue Harbor, I believe, the parcel you are talking about is the Nature Conservancy parcel. I don~t think that is a worry. That is an osprey area. To get down to the point that I'm making is I wonder if we can continually take advantage by regulation the rights that ail of us have. All of you who own p~operty have rights. Two or three of you have been up against the regulatory excesses of the past ten years. And it has burned tow or three of you. I should not use that term, because you wound up with a use of your property. But the decisions that were made were ludicrous. And that is the problem that we face. If you have S.E.Q.R.A. use it. When the time comes that you need. it. You don~t need another set of rules. Thank you very much. Page 5. - Public Hearing on the Critical Environmental Areas. FRANKLIN BEAR: My name is Franklin Bear. I come to you with a halo around my head. Of course, in a position where I am expected to say just the opposite of Tom Samuels, and I will. I'm not here for the moment to speak for myself, I'm going to read a statement from Paul Stoutenburgh who could not be here tonight. He had a prior commitment made months age to lecture at Southampton College. And so this is what the statement says: As a past trustee of the Town of Southold for six years (two of which were served as president) I would like to go on record strongly supporting this critical area designation for the creeks mentioned in the Public Notice #5665. We can no longer afford to think the world is still working the way it used to. We have big dollars and high-paid lawers not representing the quick- bn~k investors who are investigatingevery piece of wetland and areas around them for development and profit. Sooner or later the Town of Southold in one department or another is going to have to face these pressures. A strong critical area designation will help those who have to make these important decisions about our creeds and wetlands and surrounding areas. The latest Supreme Court decision that deals with property rights means more and more speculators are going to develop questionable wetlands and the areas around them. And again the critical area designation will.help those who have to make these decisions about these valuable resources. It's often thougIit that the wetlands in themselves are all that's important to preserve. Today we know better. Wetlands, of course, should be preserved but we now know that wetlands can also be destroyed or altered by what goes on adjacent or upland to them. This area is addressed by the critical area designation and is one that has often been overlooked. With this designation in place, we can be assured that the wetlands we now preserve will truly be protected from negative impact in the areas surrounding them. Paul Stoutenburgh, Town Councilman. Now I would like to say for myself, that I agree with what Paul Stoutenburgh has said. I have property which is next to the water, and I would not want anything done in the wetlands that abuts my property which I own or nearby which is going to make these areas a hazard to the wetlands themselves. I think that this proposal ~s important and that it should be adopted by the Town Trustees. Thank~you very much. Trustee Bredemeyer: Anyone else? Any additional comments? WILLIAM PETERS: My name is William Peters. I am the President of Nassau Farms Association in Cutchouge. We presently have Little Creek and Mud Creek adjoining our properties. We have maintenance dredging occuring in these creeks, at the mouth, annually. Our concern is, will we need a long environmental impact statement done for this County dredging every year, or is this excluded? TRUSTEE LARSEN: You would not need an environmental impact statement for maintenance dredging. If something has been done in the past, it would come under maintenance. If you came in and proposed to dredge a new area, it would become a Type 1 action with the St ate. The Trustees currently have a policy that any more than 100 cu. yds. of proposed dredge material taken from Town bottom is a Positive Declaration. TRUSTEE SMITH: I heard on the radio the other day that the State is going for a D.E.I.S. for all dredging projects? THOMAS SAMUELS: Let me just speak on that. That is classical with a set of regulations that starts out, I very involved with that. We have been one of the two contractors bidding on the County Dredging Projects and we have been successful as low bidder for some seven years now. The Tidal Wetlands Regulations, Article 25, lists maintenance dredging as generally compatible, no permit necessary. In 1977 when the regulations Page 6. - Public Hearing on the Critical Environmental Areas. ~ere finally adopted and Suffolk County would apply for maintenance dredging rojects on creek that they had done since back in the early 1950~s they got [PN letters (No Permit Necessary) as per the regulations. The way the Legislature ·tended the law ~when they wrote it. Starting about five years ago permits were equired. Since they were maintenance dredging projects and had been done over the ears they (D.E.C.) said to the County it is essentially a rubber stamp, don't worry bout it. Okay, so that meant that additional information had to go in because you ad to submit an application, a short form, etc. but the permits came through. .bout three years ago, great concern ,with one individual at the D.E.C. who had and Lill has an abundant amount of power, as to where spoil was going to go. 55 out o~ 100 cases it was used for beach nourishment. Most people felt this was good, including the environmental groups. There has been very, very little, and correct ~e Frank if I'm wrong very little environmental concern about County dredging projects. ~h, ey are critical to this town. But this on going problem with the D.E.C., the D.E.C. .a~ked for tentative Generic D.E.I.S. on all dredging projects in Suffolk County. That is 180 separate projects. From the Nassau County Line to Montauck Point to Orient. Now, those of you who are familiar with these environmental impact statements can understand what this is. It is a half a million dollar study which will take a minimum of three years. nd it is very difficult to write a E.I.S for 180 different projects. Now the D.E.C. ready has the ability to ask the County for a long form and they can ask the County ~r a E.I.S. but instead they are going to ask for an Impact Statement for 180 different ~ojects. Some projects are by drag line crane, some clam shell, some barge crane, etc. ~me are 50 yds., some 150 yds. etc.. What has happened is that it grew like topsies. his is what I fear with the Critical Designations. This Board has all good intentions. heard Ellen say a moment ago, and I heard Anthony Tamia say it in 1974 that Mntenance dredging projects are exempt from these classifications. Tamia, Dan Larkin, Id Gordon Colvin said it in 1974 and today they are asking for GElS and they don't ~nt any dredging done for the three years it is gong to take to draw that GEIS. tT~eUSTEE LARSEN: There is not another side to the D.E.C. to carry on a debate of advantages or disadvantages of review for maintenance dredging. THOMAS SAMUELS: My point is, regardless of what you say tonight, and regardless of what you vote on after the third public hearing, unless it is so carefully drafted the public can not be sure that what you are saying now; for example, are the minutes g~ing to be transcribed? Is it going to be said that you said as a Trustee in 1995 t~.at maintenance dredging projects are exempt? Because it is not without the realm of possibility that Frank's successor or the North Fork Environmental Council ..... TRUSTEE LARSEN: Their permits are for ten years .... T~OMAS SAMUELS: The D.E.C. does no longer issue ten year permits, they have reduced it to three years. What I'm saying is that when the new Pre sident of the N.F.E.C. say's "I was down on that beach, I saw a piping plover or a least tern" Those are the magic words, because of the Critical Area will be forced to look at this differently. Now if :that were to happen, you have the right to suspend it ask for a ~ong form E.I.S. and make a new decision. TRUSTEE LARSEN: Someone with a D.E.C. Permit would be screaming at D.E.C. that they had a permit and they have every right to carry out the permit. There would be nothing that the Trustees could do to say "I'm sorry N.Y.S. this is a Significant Habitat", then the courts would say that the applicant could carry out the permit. Page 7. - Public Hearing on the Critical Environmental Areas. LII~DA FLETCHER: Why did the D.E.C. request the Generi~c.~ImpactrStatement? THOMAS SAMUELS: That is a very interesting question, essentially it is a question of what makes people act the way they do? One of the things that bureaucracy!s do is power, and power is important. Power is ultimatley important to a minor bureaucratic p6sition. The more power he exerts the more power he creates. Unfortunately it is a fact of life. I think that is behind it. I know every environmental group east of Patchogue and I don't recall opposition from any County dredging project. Frank do you.. FRANK BEAR: I can't recall at the moment, but I think there were some problems with some of the proposals that were made. TRUSTEE BREDEMEYER: I think there was some discussion on the Hallock~s Bay p~oject. That was a new project, not a maintenance project. Okay, do we have any further comments? JOHN WlCKHAM: ~y name is John Wickham. I have a prepared statement, but before I Say that, I am forced to say that I find myself in an adversary position. In an adversary position wit.h regards to the Trustees who recommended to the State to buy lands in an agricultural district be taken out of an agricultural district. I put it in to protect the development rights. My friends, Linda, Frank, and particularly Tgm Lowery almost invariably been on the same side with them. A very simple case. The have not's against the have's. Now I'll read my statement: Ny name is John Wickham of Wickham's F=uit Farm in Cutchogue, and possibly the owner of the largest acreage of salt marsh in the Town. What's more, I've probably done more than most people to p~eserve wetlands. The development rights to over a hundred acres that I have an interest in are right now under contract to Town, County or State. The legal notice of this hearing said it was to "designate" certain wetland areas. This isn't realistic. These areas are wetlands and were established by the last glacier 1O,000 years ago and can no more be "designated" than one can bake a cake that's already baked. The next reasonable question is why not "designate" Hall's Creek, Mill Creek, and Hallock's B~y? These also have large areas of untouched wetlands that are important to the Town. The next reasonable question, if designation doesn't make sense, then, is what should this hearing contemplate? I don't really know, but before going too far I think it important for people to know as much background as possible. Let's start with Little C~eek. Of the wetlands and beach at Little Creek about 30 acres belong to the Commoners. About._15 years ago all of this was placed under a negative casement contract with the Town of Southold, the first in out town and county. As I recall it, the contract was for 20 years with automatic renewal. This is one reason why,. this property has remained in "natural" condition. The other, of course, is that the Commoners wanted it so. Next west is the East Creek/Eugene's Creek complex. Here also the Commoners own some 16 acres of meadow islands and since most of the upland fringe has been builti upon, the islands became more important. Next west is Wickham's Creek. Here the development rights to 30 acres of barrier beach and salt marsh were offered to the County Farmland Program in 1976, but were rejected since it is not farmland. Contrary to the legal notice of this hearing much of the barrier beach is above the 10 contour and ~ there are more than four acres of buildable land, largely wooded. A year or so ago a preliminary sketch plan for a minor subdivision was presented ~o the Planning Board. This was primarily to rstablish some value, and subsequently the development rights to these 30 acres were offered to Suffolk County under a different program. A letter has been received stating the interest of the county. This 30 acres and other wetland margins on the west side of this creek are in the agricultural district. Here, again, present Page 8. - Pulbic Hearing on the Critical Environmental Areas. owners, of whom I am one, have no wish to see it developed but certainly recognize the tremendous value of buildable Peconic Bay frontage. In the first phase of the county's farmland preservation program we conveyed out development rights on 30 acres of farmland with salt marsh fringe, and right now 24 acres with 1900 feet of creek waterfront are being offered in phase 3. The next area listed in the hearing notice is West Creek. My land behind dikes is clearly not included. I do own the greater part of 30 acres of salt marsh, including frontage on Grathwohl Road and New Suffolk Avenue as well as all of the meadow islands. All of my holdings here are in the agricultureal district. Under the agricultural district the state holds the development rights under contract. My title includes a confirmatory deed from the Commoners. A word about the Commoners. Technically, the "Proprietors of the Common and Undivided Lands of the Town of Southold," they are in fact the successors in title to the original patentees, and since the Andros Patent, which provided for Trustees also, confirmed title in these present holders, the rights of Commoners were confirmed. These rights to hold property, to sell or to rent and to sue for restoration of property have been upheld by three different, acts of the State Legislature. These rights include, from ancient times, the holding of salt marsh for the harvesting of salt l~ay, a very valuable product even up until my boyhood. This salt hay included not only the spartina, but also the altiflora grasses, and records include reeds, grasses and lhatch. In other words, right down to the bog or low tide. One deed also conveyed "creek thatch, sunken grass and sandflats." The Commoners' title also predates any title of Trusees by a generation or so. The next creek west is Downs Creek. The larger part of the west side is in single ownership and without doubt will be developed some day unlide parcels mentioned previously. Some years ago one of the present owners assured the Planning Board in writing, that when and if this property were developed serious consideration would be given to setting aside Fort Corchaug, not only as part of the park requirement, but also for historical purposes. All of the aforementioned creeks have had their mouths dredged, but nothing more. Also, WEst and Downs Creeks are protected by law bridges. We simply wouldn't allow dredging up in Wickham's Creek. Naturally, these are the creeks with best clamming, crabbing, etc. All of these creeks have been protected by present owners with or without the help of town, county or state. Mattituck Inlet stands in sharp contrast. In the first place, it is polluted, but the state is defending a court of claims action for about half a million in a taking for property offered to them or the town for very much less - and the attorney will get 30 per cent. So we, the taxpayers, will pay twice what it might have cost, but worst of all, will lose the potential boat access to Long Island Sound for all time as well. This sort of thing just doesn't make sense, and I point it out as an example of protection gone astray. In summing up, the Trustees can not designate what already is and makes sense. So what do the Trustees intend? Whatever it is, they must be careful not to "Take" any of the attributes of ownership. The recent Supreme Court case on this matter is pertinent. Beyond this, they should be extremely careful not to antagonize present holders of some of the attributes of ownership. The Town Board, Commoners, Suffolk County and New York State are among these. Private owners should also be included, since a class action suit might easily be brought in today's climate. In conclusion, neither Trustees nor Commoners have wanted to challange each other on who owns what in all our recorded history, although in specific property cases they may have been at odds. It would be very much too bad at this late date to have a confrontation. The Commoners remain in all of America, so far as we can discover, the only remaining experiment in holding land in common. The commoners pay taxes, keep records, and hold regular meetings. Their educational and historical significance is very considerable. Thank you. TRUSTEE BREDEMEYER: Thank you. Are there any other comments or questions? No response. Then I will close this Public Hearing.