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HomeMy WebLinkAboutTR-11/24/1987HENRY 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 NOVEMBER 24, 1987 TELEPHONE (516) 765-1892 7::10 P.M. - Regular Meeting The regular meeting of the Board of Town Trustees was held on Tuesday, November 24, 1987, at the Southold Town Hall, Main Road, Southold. Present were: President Henry P. Smith Vice President John M. Bredemeyer, III Trustee Ellen M. Larsen Trustee Albert Krupski Trus'tee-Phillip J. Goube.aud .~ iien~ Pfifferling-, Clerk - John Holzapfel, Ghalr~n'an, Gonservation Advisory Council President Smith called the meeting to order at 7:10 P.M. Trustee Smith advised that the next field inspection will be held on December 16, 1987 to commence at 11:00 A.M. to depart from Town Hall, Main Road, Southold. The date for the next regular Trustee meeting will be held on Thursday.., December 17, I987 to commence at 7:00 P.M. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud it was RESOLVED to Approve the minutes of the October 29, 1987 meeting. Vote of Board: Ayes: All - This resolution was declared duly adopted. Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to Approve the minutes of the November 10, 1987 Special Meeting. Vote of Board: Ayes: All - This resolution was declared duly adopted. The Trustees will hold the January Mooring renewals until the December meeting. Trustee Smith gave the monthly report for October 1987 as follows: Application fee $25.00, Dock, Bulkhead fee $275.00, Wetland Inspection fee $70.00, Wetland Application fee $1350.00 and Mooring Renewal Fee $220.00 for a total of $1940.00 which has been forwarded to the Supervisor's office to be placed in the general fund. Trustee Smith advised that the Public Notices are published on the Town Clerk's Bulletin board if anyone wishes to review them. President Smith proceeded with the Communications as follows: III. COMMUNICATIONS: Board of Trustees - November 24, 1987 Page 2. 1. From Roy L. Haje, President, Eh-Consultants, Inc. regarding a request for an amendment to the permit to authorize placement of the spoil within the previously approved area for the Cicorelli project. The Trustees will inspect this site on their December 16, 1987 inspections. 2. From advised 3. From 4. From referred separate 5. From 6. From James Manos regarding the Christopher Connors matter. Trustee Smith that the letter will be placed in the file. Joseph Fischetti, Jr., P.E. regarding the Cove at Southold, Inc. George Bird regarding the Stephen Perricone applications. This matter was to the Building Inspector, Victor Lessard who advised that these were two lots in single and separate ownerships. Daniel Ross, Attorney regarding the Christopher Connors application. Marie Ongioni, Attorney regarding Youngs Marina. Trustee Smith requested that the Trustees review the information submitted for this application so that a decision can be rendered by the December meeting. Mr. Bill Klatsky, who is an associate of Joseph Fischetti's, advised that the they have no interest, nor do they have any contract obligation concerning Young's Marina. Trustee Bredemeyer asked if Mr. Klatsky has the power to speak for Mr. Fischetti. Mr. Klatsky replied, "yes." 7. From John Clavin, Harbormaster, Fishers Island regarding a request to discuss the Malinowski matter and the determination of the Town Attorney. Trustee Bredemeyer advised that since the Town Board has laid the jurisdiction and the Town Attorney has decided that there is no Chapter 32 interest for the Trustee Board, the matter would be best discussed between the Town Attorney and the Town Board. 8. From Marie Ongioni, Attorney, an addendum to letter of November 23, 1987 regarding Young's Marine. Trustee Smith proceeded with the Lead Agency Declarations until 7:30 P.M. when the Public Hearings are scheduled to commence. LEAD AGENCY DECLARATIONS: PAUL KALUNAS - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Paul Kalunas for a Wetland Permit on certain property located on Osprey Nest Road, East Marion. Vote of Board: Ayes: All - This resolution was declared duly adopted. 2. EN-CONSULTANTS, INC. ON BEHALF OF DR. STANLEY KEATING - LEAD AGENCY DECLARATION Moved by Trustee Larsen seconded by Trustee Krnpski 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 behalf of Dr. Stanley Keating for a Wetland Permit on certain property located on Haywaters Road, Cutchogue. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board Of Trustees - November 24, 1987 Page 3. 3. GLENN E. JUST FOR CHARLES A. KIRBY - I,F, AD AGENCY DECLARATION Moved by Trustee Bredemeyer 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 Glenn E. Just on behalf of Charles A. Kirby for a Wetland Permit on certain property located at 6130 Peconic Bay Blvd. Laurel. ' Vote of Board: Ayes: All - This resolution was declared duly adopted. J. H. GEIDEMAN ON BEHALF OF FLOYD KING (ORIENT WHARF CO.) LEAD Moved by Trustee Goubeaud seconded by Trustee Krupski it was A-g, 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 J. H. Geideman on behalf of Floyd King (Orient Wharf Co.) for a Wetland Permit on certain property located on Main & King Streets, Orient. Vote of Board: Ayes: All - This resolution was declared duly adopted. 5.' CHARLES A KING - LEAD AGENCY DECLARATION Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Charles A. King for a Wetland Permit on certain property located at 200 East Mill Road, Mattituck. 5. Vote of Board: Ayes: All - This resolution was declared duly adopted. FREDERICK & DIANE RAYMES - LEAD AGENCY DECLARATION Moved by Trustee Larsen seconded by Trustee Krupski it was RESOLVED to DENY the request made by Frederick & Diane Raymes for a Waiver of the Wetland Ordinance for the construction of a single family dwelling on property located at 704 Wiggins Lane, Greenport. Vote of Board: Ayes: All - This resolution was declared duly adopted. Moved by Trustee Larse~ seconded by Trustee Krupski 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 Frederick & Diane Raymes for a Wetland Permit on certain property located at 704 Wiggins Lane, Greenport. Vote of Board: Ayes: All - This resolution was declared duly adopted. The Trustees commenced with the Environmental Assessments as follows: VI. ASSESSMENTS: Board of Trustees - November 24, 1987 Page 4. 1. STEPHEN PERRICONE - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Smith seconded by,Trustee Bredemeyer the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFIC~IT EFFECT ON THE ENVIRONliENT DATE: November 24, 1987 APPLICATION NO.: 58i~:g 1000-115-11-22 NAME: STEPHEN PERRICONE This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Pare 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-clear and construct a one family dwelling, decks and necessary sanitary system on property. LOCATION: Lupron Point Road, Mattituck, 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. 3. The Southold Town Conservation Advisory Council has recommended approvM of the project. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - November 24, 1987 Page 5. 2. STEPHEN PERRICONE - NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Smith seconded by Trustee Bredemeyer the following non-significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATI ON NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: November 24, 1987 APPLICATION NO.: 580 - 1000-115-11-21 NAME: STEPHEN 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 clear and construct a one family dwelling, decks and sanitary system on property. LOCATION: Lupron Point Road, Mattituck. 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. 3. The Conservation Advisory Council has recommended approval of the project. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees - November 24, 1987 Page 6. 3. PATRICIA C. MOORE FOR MANFRED E. KUERNER - NEGATIVE ASSESSMENT Moved by Trustee Bredemeyer seconded by Trustee Larsen the following non- significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: November 24, 1987 APPLICATION N0.: 586 - 1000-052-2-3 NAME: Patricia C. Moore, Esq. on behalf of Manfred E. Kuerner 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 garage and extension to existing residence. LOCATION: Carole Road, Southold 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. 3. The Southold Town Conservation Advisory Council has recommended approwal of the pr~eqt. Vote of Board: Ayes: AH - This resolution was declared duly adopted. Board of Trustees - November 24, 1987 Page 7. 4. EN-CONSULTANTS, INC. ON BEHALF OF THE WUNNEWETA POND ASSOCIATION NEGATIVE ENVIRONMENTAL ASSESSMENT Moved by Trustee Goubeaud 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: November 24, 1987 APPLICATION N0.: 584 - 1000-118-1-11 NAME: Eh-Consultants, Inc. on behalf of the Wunneweta Pond Association 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 replace (within 18") 85' of existing timber jetty on the east side of the channel to Wunnewe:a Pond. Proposed bulkhead will bi lower in elevation than the old and will equal height of outer section which will remain. LOCATION: Bridge Lane, 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 plgnned. 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. 3. The Southold Town Conservation Advisory Council has recommended approval of the project. 4. Vote of Board: Ayes: All - This resolution was declared duly' adopted. Board of Trustees - November 24, 1987 Page 8. 5 & 6. J.M.O CONSULTING FOR DR. VELJKO J. KRSTULOVIC & ELLEN GUITON 5 &6. Moved by Trustee Krupski seconded by. Trustee Smith it was RESOLVED to TABLE the applications for Dr. Veljko J. Krstulovic & Ellen Guiton pending instructions for locating the properties. Vote of Board: Ayes: All - This resolution was declared duly adopted. 7. EN-CONSULTANTS, INC. ON BEHALF OF JOHN DWYER - NEGATIVE ASSESSMENT Moved by Tru:,stee Smith 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: November 24, 1987 APPLICATION NO.: 585 - 1000-106-4-2 NAME: EN-CONSULTANTS, INC. ON BEHALF OF JOHN DWYER 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 nor 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 replace (within 18") existing bulkheads on west and north sides of property. West side, 87+ lin. ft. and on north 75+ lin. ft. These include sections on nw corner which have washed out. 250 cu. yds. of fill will be LOCATION: trucked in for backfill. Old Mill Road, Mattituck 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. 3. The Southold Town Conservation Advisory Council has recommended approvM of the project. 7. Vote of Board: Ayes: All - This resolution was declared dUly~adopted. Board of Trustees - November 24, 1987 Page 9. 8. LAND USE COMPANY FOR MARJORIE TODD - ~FA~BLED Moved by Trustee Bredemeyer seconded by Trustee Krupski it was RESOLVED to TABLE the application submitted by the Land Use Company on behalf of Marjorie Todd pending the clarification of the application as previously requested by the Trustees. 8. Vote of Board: Ayes: All - This resolution was declared duly adopted. VII. WAIVERS: No waivers granted. VII. MOORINGS: No mooring applications submitted this month. IX. AMENDMENTS TO PERMITS: 1. COSTELLO MARINE CONTRACTING CORP. ON BEHALF OF J. LANE CURRY EXTENSION ON PERMIT - APPROVED Moved by/T~ustee Smith seconded by Truste Krupski it was RESOLVED to APPROVE the request made by Costello Marine Cont-racting Corp. on behalf of J. Lane Curry for an extension on permit no. 343 for a period of one year. Said permit will expire on October 30, 1988. 1. Vote of Board: Ayes: Trustees Smith, Bre-demey~r,: Krupski, Goubeaud-Abstained: Larsen - This resolution was declared dul~ The President called for a recess of the regular meeting to hold the Public Hearings on the Wetland Apl~lications as follows: (7:40 P.M.) 7:30 P.M. - In the matter of the application of Eh-Consultants, Inc. on behalf of Harriet Freedman, Bruno IlibasM and Thomas Ball. 7:32 P.M.- In the matter of the application of Richard Mohring, Jr. 7:34 P.M.- In the matter of the application of J.M.O. Consulting on behalf of Michael J. Schulam. 7:36 P.M.- In the matter of the application of Glenn E. Just on behalf of Joseph Berardino. 7:38 P.M.- In the matter of the application of Anthony L. Macari. The Board resumed the regular meeting at 7:55 P.M. 2. SHEPARD M. SCHEINBERG, ATTORNEY FOR RUTH ENGEL - EXTENSION ON PERMIT APPROVAL Moved by Trustee Smith seconded by Trustee Larsenit was RESOLVED to Approve the request made by Shepard M. Scheinberg, AttOrney, on behalf of Ruth Engel for an extension on permit no.2244 for a period of one year. Said permit will expire on December 24, 1988. Vote of Board: Ayes: Ail - This resolution was declared duly adopted. X. ~_APPROVAL/DENIAL OF TRUSTEE/WETLAND PERMITS: Board of Trustees - November 24, 1987 Page 10. 1. HARRY MOLLER - APPROVAL - TRUSTEE APPLICATION Moved by Trustee Krupski seconded by TruStee Bredemeyer it was RESOLVED to Approve the application submitted by Harry Moller to repair an existing catwalk and to register his dock on property located on Beach Road, Greenport. Applicant is to be advised to stop cutting the spartina. Vote of Board: Ayes: All - This resolution was declared duly adopted. 2. RICHARD FIEDLER - APPROVAL - TRUSTEE APPLICATION Move d by Trustee Smith seconded by Trustee Krupski it was RESOLVED to Approve the application submitted by Richard Fiedler to replace an existing catwalk with a new timber one and to register his dock structure on property located on Beach Road, Greenport. Vote of Board: 'Ayes: Ail - This resolution was declared duly adopted. 3. HENRY VALDEZ - APPROVAL - -TRUSTEE APPLICATION Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the request made by Henry Valdez to relocate two existing pilings and to install an additional piling in Gull Pond. Property is located on Snug Harbor Road, Greenport. 3. Vote of Board: Ayes: All - This resolution was declared duly adopted. APPROVAL OF THE WETLAND/TRUSTEE APPLICATIONS: EN-CONSULTANTS, INC. ON BEHALF OF HARRIET FREEDMAN, BRUNO ILIBASSI AND THOMAS BALL - APPROVAL Moved by Trustee Krupski seconded by Trustee Goubeaud WHEREAS, Eh-Consultants, Inc. on behalf of Harriet Freedman, Bruno Ilibassi and Thomas Ball applied to the South~ld Town Trustees for a permit under the provisions of the Wetland O~'dinance of the Town of Southold, application dated August- 26, 1987, and WHEREAS said application was referred to the S0uthold Town Conservation Advisory Council for'their findings and recommendations, and WHEREAS, 'a' public hearing was held by ~he Town Trustees with respect to said application on November 24, 1987 at which time all interested persons were given an opportunity to b.e heard, and WHEREAS, the Board members have personally viewed aiid are familiar with the premises in question and the surrounding area, and WHEREAS, the'Board has considered all the testimony and docamentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will noz 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 Harriet Freedman, Bruno Ilibassi and Thomas Ball BE AND HEREBy IS GRANTED PERMISSION UNDER THE PROVISIONS OF ~H:E WETLAND ORDINANCE OF T~HE TOwN oF SOUTHOLD TO: - To construct 300+_.' of timber retaining wall entirely above the MHW. ,.-~ ~, Backfill with 270 cu. yds. of ~- Board of Trustees - November 24, 1987 Page clean sand to be trucked in from upland source. Wall will extend~ from existing bulkhead-return 7' n/o corner and end in 10' return on the east side. Property is located on Arshamomaque-.Avenue, Southold. THIS APPROVAL IS GRANT-ED WITH THE PROVISION THAT THE WALL IS TO BE CONSTRUCTED AS A RIP-RAP REVETMENT AND NOT A FIXED STRUCTURE. This permit will expire on November 24, 1989 if ~vork 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. This approval is subject to any other department or agencies approval that may be required for this project. Vote of ~Board: Ayes: All - This resolution was declared duly adopted. B. RICHARD MOHRING, JR. - APPROVAL Moved by Trustee Larsen seconded by Trustee Krupski WHEREAS, Richard Mohring, Jr. appIied to. the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southotd, application dated August 8; 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on November 24., 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, arid 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 Richard Mohring, Jr. BE AND HEREBY IS GRA.NT~D ?E1K~IS$ION.UNDE$ THE PROVIS IONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: fill with 3000 cu. yds. of fill and to construct a house that will be more than 75' from the bulkhead and extend the berm parallel to the bulkhead and to be placed approximatel 40 ft. landward o~ the existing bulkhead. (A letter of no jurisdiction was issued on the house.) Property is located on the corner of Pine Neck Road and Kimberly Lane, Southold. This permit will expire on November 25, 19B9 if work .has not commenced by said date. There are two ~nspections 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 Board of Trustees - November 24, 1987 Page 12. Bo 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. This approval is subjecz to any other agencies or department'~ approval who may have jurisdiction in this matter. Vote of Board: Ayes: Ail- This resolution was' declared duly adopted2 C. GLENN JUST ON BEHALF OF MICHAEL J. SCHULAM - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Smith WHEREAS, J.M.O. Consulting on behalf of Michael J. Schulam applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 11, 1987, and WHEREAS said application was referred to the Southotd Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on November' 24, 1987 at which time all interested persons were given afl 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 al] the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect 'the heal%h, safezy and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that 3. M.O. Consulting on behalf of Michael J. Schulam BE AND HEREBY IS G.RAN TED PERMISS.ION UNDER THE PROV.ISIONS qF.THiE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: reconstruct approximately 118' of timber bulkhead which 'is ~o~ated above the .sht tine. New structure shall be reconstructed in line with adjacent bulkheads to either side. Existin.g lawn area shall be graded 'to backfill the new structure. This. appro~zal is subjec~ to the bu~lkhead ~bein~, at no point, seaward of the bulkhead to the south. Replanting of Spartina alterniflora in front of the bulkhead, from the existing dock to the south, to the .neighbor to the south to regenerate the nazural marsh. The bulk- head can not be any further seaward than the bulkhead to the no~th. The Trustee Office is ~o be notified after the plugs are planted. Board of Trustees - November 24, 1987 Page 13. Property is located on Knollwood Lane, Mattituck. Thi~ permit will expire on November 24, I989 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 ~vhich 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. ThliS approval is subject to ~ny other deparzment or agencies approval that may be required for this project. C. Vote of Board:~ Ayes: All - This resolution was declared d{~l~ adopted.' D. GLENN E. JUST ON BEHALF OF JOSEPH BERARDINO - APPROVAL Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, Glenn E. Jus{ 0n~' beh~alf-'~f~Jok:eph Berardino appli~d ~0 the-~uthold Town. Trustees for a permit ~tn~ ~ ', ~,' ~. . ~ ~ ~ ~ ~ under the-provisions of the Wetland Ordinance of. ~tfe i-T0wn~of Southold, application dated) S~p~fembe~. 24%~ 1987,' and ~ ' · -~ WHEREAS said application was referred to, the Southold Town Conservatior~ Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on November 24, t987 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 tke surrounding area, and WHEREAS, the Board hasl 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 {he people of the town, NOW, THEREFORE, BE IT .- - ~ . RESOLVED ~ha{ :'Glenn E. Just on behalf of Joseph Berardino BE AND HEREBY ~S GRANTED PERMISSION UNDER THE ' ~ - · PROVISIONS OF THE WETLAND ~0RDINANCE O~ THE TOWN OF SOUTHOLD Construct a 14' X 1~' timb~er .dock. Property ~s located on Sound' Avenue, Greenport. This permit will eXpire 'on November 124, I989 if work has . not commenced~by said da{e. There'. are two inspections required and . the Trustees are tO be notified upon the completion of the. v~ork~ Prior to the ~ issuanCe df Siid permit by the ~dlerk, the ap~li'cant shall file with ihe Clefk a certificate '~ he has public ~ability Board of Trustees - November 24, 1987 Page 14. Do insurance policies insuring against any iiability which may arise in the performance of the operations ~pursuant to such permit in such' amount as shall be fixed by the Tr~ustees, which said policies shall name the Town as a na~he: insured'.~ ~pi~ks~tkke further notice tha~ this declaration should not be~cohsi(~8r~d ~'d~termination made for any other department or agency which, may also-have an application pending for the same or similar project. This approval is subject to any other department or agencies approval for this project. Vote of Board: Ayes: All - This resolution was declared duly adopted. E, ANTHONY MACARI - APPROVAL Moved by Trustee Goubeaud seconded by Trustee Krupski WHEREAS, Anth0ny?M~ari applied to the Southold Town Trustees 'for a Permit under the provisions of the Wetland Ordinance Of the Town of Southold, application dated August ~1,0, 1~987, and · WHEREAS said application was'~eferfed to the~ S0uth01d T6~r~ i~::'~'~ ~:~:'"i Conservation Advisory Council for t~ei~ £indings and recommendations, and - ~'~' ~'~ ~ - ' ~' ' WHEREAS, a-public hearing was held by the Town respect to said application on' N~v~nb~r~ :24,' 1987 at 'which persons were given an opportunity 25 .be' h~ard,' and' WHEREAS, the Board members have per§onally viewed and are .~ familiar with the premi~ses in question and the surrounding::"~g~; .a~d WHEREAS, the Board has c0~sidered all the testimony an~ 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 Anthony L. Macari BE AND'H.EREBY IS GRANTED 'PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Put cement on an old ramp 50' x 10'. Proeprty is located at 3120 Old Jule Lane, Mattituck. The approval, is g~anted with the provision that ~he entrance to the ramp is crowned to prevent run-off into the creek. This Permit will expire On November.[[2~'~/~989' if work has. ~" ' not commenced by said date. There ,are tw01inspections required and the Trustees are to be~[n~t~fied Up61/~th~ ~lpl~tiOi~1 ~f the ~ork.' 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 -oe fixed by the Trust~es,' 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 .~vhich may .also have an application pending for the same or si~la~ project.' This approval is subject:to iny~ ~ther ~gencies Or departments approval that ma~ be required for ihis project. E. Vote of Boar.d: Ayes: All - This resolution was declared duly adopted. Board of Trustees - November 24, 1987 Page 15. 5. PATRICIA C. MOORE ON BEHALF OF JOHN KEATING - RESCIND LEAD - NO JURISDICTION Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED that the Southold Town Trustees RESCIND the Lead Agency Declaration declared on the application of Patricia C. Moore on behalf of John Keating for a wetland permit on property located at 1995 Soundview Ave., Southold. Vote of Board: Ayes: All - This resolution was declared duly adopted. The Trustees conducted an on-site inspection of the property and have determined that the property is out of their jurisdiction. 6. RICHARD ZEIDLER - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski it was RESOLV~ED that The Land Use Company on behalf of Richard Zeidler be and hereby are granted permission to construct a swimming pool with associated decking on proiserty located at 100 McDonalds Crossing, Edgemere Park, Laurel. It is noted that the public hearing concerning this application was held on October 29, 1987. Approval is subject to the following c~onditions: The view easement will have to be completely restored to it's original elevation, including the removal of fill. The area is to be replanted with natural beach grass to preserve minimal slope to the creek. This is as close, as practical, to the original waiver previously granted. The propane tank will have to be relocated back by the roadway to prevent any disturbance of vegetation when the tank is being filled. The brick deck and fence on-the west side of the property wit] have to be removed to a distance of 29'6" from the house seaward and running along the entire length of the pool. The pool filtration system will have to be located landward of that line and the brick barbecue. (The barbecue is somewhat seaward of the '29'~6" line.) There is a 1¼" pipe running from the pool area seaward. This matter will have to be clarified prior to the actual issuance of a permit. 5. The Trustees are to be notified after the work is complete for a final inspection. This approval is subject to any other Agency or Department's approval that may be-required for this project. Return to the Building Dept. for a determination on the need of-any other p'~rmits or approvals or modifications that may be necessary, Vote of BoaZ'd: Ayes: All ~ T .hi.'s resolution was declared duly. adopted. Board of Trustees - November 24, 1987 Page 16. Trustee Smith called for a five minute recess before proceeding with the rest of the agenda. The meeting resumed at 8:30 P.M. THE COVE AT SOUTHOLD: Moved by Trustee Smith seconded by Trustee Goubeaud it was RESOLVED that the Southold Town 7IT ustees adopt the Wetland Line.for the :Cove Property determined by Trustee Smith, Trustee Goubeaud, Trustee Krupski and Conservation Advisory Member, Ralph Condit on the field inspection done on October 22, 1987 and in accordance with the survey received on November 18, 1987 which was also revised on November 18, [987. Property is on Main Bayview Rd., Southold. Vote of Board: Ayes: All - This resolution was declared duly adopted. Mr. Klatsky appeared before the Board regarding the above matter. He requested that the Board schedule a work session to discuss this application. The Conservation Advisory Council will be advised of this work session so that they can attend the meeting for input. Mr. Klatsky will contact the Clerk to arrange a meeting. Mr. Schulthese appeared before the Board regarding his property on Schoolhouse Creek regarding the bulkhead to be constructed. After discussion with Mr. Schulthese and Mr. Tuthill it was determined that Mr. Schulthese has a valid permit which is to be issued immediately. REQUEST BY WARD ASSOCIATES FOR A DETERMINATION OF JURISDICTION: A request was made by Lawrence M. Feeley, Architect, Ward Associates, P.C. on behalf of John Levien for a determination of jurisdiction for the construction of a single family residence on Beebe DrivJe, Cutchogue. The Board inspected the subject property on November 18, 1987 and determined that they have no jurisdiction in this matter. It was noted for the file that the project is 81 ft. landward of the High Tide Bush on the property. The applicant is to be advised that if any activity takes place on the property within 75' landward of the High Tide Bush he will have to return to the Trustee office for a permit. JOHN XIKIS - REFERRAL FROM THE PLANNING BOARD REGARDING JURISDICTION: The Trustees inspected the property of John Xikis located on the North Road, Southold 1000-44-3-1, on November 18, 1987 and it was determined that the Trustees have no jurisdiction in this matter. JOHN WICKHAM: A letter is to be sent to Mr. Wickham regarding any future plans to further excavate on his property. FISHERS ISLAND Moved by Tr~'.stee Goubeaud seconded by Trustee' Bredemeyer it was RESOLVED that since the residents of Fishers Island have shown concern of a perceived inadequate Trustee support', and Since they have asked for greater representation on the island on Environmental concerns, and Since ideas of-a specially elected Trustee and/or Conservation Advisory Council member have been received with negative response to a logistics problem, NOW, THEREFORE, Let it be known that the Southold Town Board 'of Trustees shall on a monthly rotating basis between members, the responsibility of inspecting sites on Fishers Island and acting as an environmental liaison to the Trustee Board for Fishers Island. Ali inspections shall be done at the Trustee prerqgative prior to the monthly meeting, and all travel expenses shall be covered by the Boar~ of Tru~stees - No~zember 24, 1987 Page t7. Trustee office. Photographs and measurements shall be used by the Trus~s m chronolog~Zing the inspection. Th~s resolution shall become effective ~mmed~ately. voie~ of Boa~ti ~yes: All - This resolution was declared duly adopted. Trus'!ee Go~beaud -and': :Trustee Larsem will make the inspections on Fishers Island for ~hi~ mont~i. STE~ MALINOWSKI: The:'~US~eeS ~d~is~d~tha~'the Glerk~ Send back the application and check to Mr, Ma~W~ski a~ they haV$:~0.; jurisdiction in this matter. CAR~VANOS: A l~t~er is to be forw~ded~lo the C0~rt 're~arding this matter¥ JOSEPH BARBATO ; E~ENS~N ON pERMIT: Moved by Trustee B~edemeyer seconded by Trustee Goubeaud it was RESOLVED to Appr0~f~e ~equest ma~e by; Joseph B~balo for an exienmon on p~mit.~umbe~3~:3~~'~8~d' p~m~ ~11 expire~ On November 25, 1988. Vot~ ~g5:~ B~g~d:: ~:~ A~-:~his, resolution w~s declared duly adopted. Moved by TrusteelBredemeyer seqonded by Trustee Larsen gtherea~, the S'0uthbld TowJ ~:TrUs~ees ihave held public hearings pursuant to 61~..i (J)~i .th~ii 4,:: of %he StatD Enyi~onment~l Quality Review Act, and Wl%~r~.ag~.: ~r ~UbliC irUst .and~h!si~si)i~erole a's Panten~ees is Strengthened by the Si~te~: E~*zi~onr~ntai: Quality"R~fe~"A6t and our ability to protect Environmentally serisitive ~reas, and WhereaS:the Sol,hold Town Trustees, Conservation Advisory Council, and Town . Board ~!e~liers; iif~)e Cdntribut~c~ tp ~ex~ Yprk States Signifilant Coastal Fish and wildl{fe'Habitat, iPrograrh ~hi'ghligh~i~i~'~i' feas0ns desigr~aiing ara-as df Stfte Significance :for-~x~sh and Wildlife ~nSouthold ~To~n, . Now There;fore be it knoWn~that Southol~ Town Tr~xs~tees approve, ratify; and confirm Critical ACed Designation (CEA '~:)~ pursuant to the State Environmental Quality Rdv~eW' Act (S.E.Q.R.A.) iPart 617.4 (j)(1) - (4) NYCRR] fob ail Trustee Lands below mean high water in the following Creeks or portions of the creeks as described'in the NYS Dept. of State Significant Habitats Program and or by County Tax Map designation hereto annexed. Such !designations shall in no way affect the largely ministerial function of issuing permits or renewal permits for boat:;moorings on or over town bottom nor effect the usual or ordinary activities of:aquaculture, fishing, hunting, navigation, :~:arid mariculture provided such activities are lawful and structures installed for said purposes are temporary [lesls than one year] in nature. The foregoing shall become effective 30 days after filing in the office of the Commissioner of the New York State D.E.C. pursuant to S.E.Q.R.A. Public Hearing No. 3. Orient Creek, Hallocks Bay & Dam Pond These areas will be classified as CEA's. Vote of Board: Aves: Ail - This resolution was declared duly adopted. Board of Trustees - November 24, 1987 Page 18. Moved by Tr. ustee Smith seconded by Trustee Krupski it was RESOLVED that Downs Creek, in it's entirety, and West Creek from New Suffolk Avenue bridge northward be included in the C.E.A. Designations. Vote of Board: Ayes: All - This resolution was declared duly adopted. Trustee Smith~ will make up a description of Richmond Creek, Corey Creek, and Arshamomaque Pond. Trustee Bredemeyer thought that Hall's Creek and Goldsmith's Creek should be looked into for the future. He advised that the maps can be taken from the Significant Coastal maps, where the areas incluse the entire creek. Trustee Krupski will work on the Cutchogue Harbor wetland areas. Trustee Smith requested that the Trustees review all the information regarding the Youngs Marina application so that the Board can act on the application at the next regular meeting to be held on December 17, 1987. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED to Adjourn this meeting at 10:25 P.M. Vote of Board: Ayes: All - This resolution was declared duly adopted. Ilene Pfifferl~ng, (~4er~Fto Trustee~2Z PUBLIC HEARING NOVEMBER 24, 1987 IN THE MATTER OF HARRIET FREEDMAN, BRUNO ILIBASSI AND THOMAS BALL NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE T'OWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, NOVEMBER 24, 1987 ON THE FOLLOWING APPLICATION FOR A WETLAND PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. In the matter of the application of Eh-Consultants, Inc. on behalf of Harriet Freedman, Bruno Ilibassi and Thomas Ball to construct a 300'-+ lin. retaining wall entirely above the line of mhw. Backfill with 270' cu. yds.-+ of clean sand to be trucked in from an upland source. Wall will extend from existing bulkhead return on the north corner 7' and then a in a 10' return on the east side. Property is located on Arshamomaque Avenue, Southold. Trustee Smith: Does anyone here have anything to say on behalf of this application, or against this application? Mr. Roy Haje, Pres.-En-Consultants, Inc.: My name is Roy Haje, I~m representing Harriet Freedman, Bruno Ilibassi and Thomas Ball. The need for the retaining wall is indicated by the presence of the escarpment which you see along the property. It will be considerably above the high water line so that it will provide protection for storms. It woun't be touched really on a normal high tide area. We put it back a considerable distance as a protected feature. We ask for your consideration. Trustee Smith: Thank you. Do any of the Trustees have any comments on this application? Trustee Bredemeyer: I have a brief question with respect to the application. We have received concerns from the Conservation Advisory Council that they perferred to have a stone revetment or sorts. I am wondering if the possibility could be that there could be some compromise, possibly armoring the toe of this. They were afraid that there would be some wave energy, toe scouring there from storm events. Maybe we are just seeing the effects of storm Gloria or Nelson. Roy Haje: There is an existing bulkhead to the west. Trustee Bredemeyer: It seemed to be a little more upland. It seemed to me that that bulkhead doesn't seem to be as involved. The lines that you had staked seemed to have an awful lot of loss of property. The concern was, was it going to project a lot of wave energy if there is a storm. l~oy Haje: Because it is back so far and the bulkhead to the west~ doesn't seem to demonstrate any type of loss of beach in front of it. The beach in front of' it was up a little bit.higher there. It was pretty much consistant with the beach to the east, that I don't think that it would be getting the toe scour. Page 2. Public Hearing - Freedman, Ilibassi & Ball John Holzapfel: It seemed a little higher on that side than in front of these three properties. If you put up a bulkhead there we thought that you may be doing more damage in getting rid of that sand when ~he storm serge comes. The rip rap might be a better way to go. It will accomplish the same purpose and it might not do as much damage. Roy Haje: I don't think that it would do any damage. The armoring would not quite double the cost. John Holzapfel: We understand what your trying to do. You know what I'm saying, but it may be better in the long run not to put the hard.. Trustee Bredemeyer: Are we seeing the affect of a different fetch of Y water._ If you look further to the east, are you picking up water that comes from the south side, it is hard for me to picture now. Trustee Krupski: The bulkheads are at different angles. Roy Haje: There is a slight curve to the beach. Trustee Smith: Well, they have lost a lot of beach. Trustee Bredemeyer: Yeah, they lost a lot of property. Trustee Krupski: I don~t know if we will accelerate a problem for the neighbor. Trustee Larsen: Long term. John Holzapfel: That is what we were concerned with. Trustee Bredemeyer: Was there any consideration of going to stone revetment there? Roy Haje: There are a lot of reasons that they don't want to do that. The revetments are fine, but the kids climb all over them and get hurt, ankles, etc. John Holzapfel: Can I ask a question? What is the difference in price of the two? Bulkheading versus rip rap. Roy Haje: Depending upon the size of the stone you have to use it is pretty much comparable unless it is very big stones. JOhn Holzapfel: No, I just wanted to know for my own information. Trustee Smith: Okay, Is there any other comments. No response. Trustees? No comments. Then I will close this public hearing in the matter of Harriet Freedman, Bruno Ilibassi and ThOmas Ball. Hearing closed at: 7:45 P.M. PUBLIC HEARING NOVEMBER 24, 1987 IN THE MATTER OF J.M.O. CONSULTING FOR MICHAEL J. SCHULAM NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE T'OWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, NOVEMBER 24, 1987 ON THE FOLLOWING APPLICATION FOR A WETLAND PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. In the matter of the application of J.M.O. Consulting on behalf of Michael J. Schulam to reconstruct approximately 118' of timber bulkhead which is above the sbt line. Said structure shall be reconstructed in line with adjacent bulkheads on either side. Existing lawn area shall be graded to backfill the existing structure. Property ~s located on Knollwood Lane, Mattituck. Trustee Smith: Does anyone have any comments on this application? No comment. Trustees? Trustee Krupski: Is that information that was submitted, does that resolve where the property line went' to? It only had distances and measurements it didn't have a map. Trustee Smith: Do we have a survey? Trustee Bredemeyer: That was a copy of the Quit Claim Deed. Trustee Krupski: What he was claiming was that his property line actually went towards the neighbors bulkhead instead of following his bulkhead. Trustee Goubeaud: You can say that he has to tie into the neighbors bulkhead the south side. Trustee Smith: Are there any other comments? No comments? Trustees? No comments. Then I will close this public hearing in the matter of the application of J.M.O. Consulting for Michael J. Schulam. Hearing closed: 7:50 P.M. Ilene Pfifferling, Sec. to Trustees PUBLIC HEARING NOVEMBER 24, 1987 IN THE MATTER OF RICHARD MOHRING, JR. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, NOVEMBER 24, 1987 ON THE FOLLOWING APPLICATION FOR A WETLAND PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. In the matter of the application of Richard Mohring, Jr. to fill with 3000 cu. yds. of fill and to construct a house that will be more than 75 ft. from a bulkhead. To extend the berm parallel to the bulkhead and to be placed approximately 40 ft. landward from the existing bulkhead. Property is located on Lot #1, Paradise by the Bay, Southold. This is next door to A1 Koke's property on Pine Neck Road. Does anyone have any comments on this application? Mr. Richard Mohring, Sr.: My name ~s Richard Mohring, Sr. I am here on behalf of junior. I think thai he is going to build even with 'AFs property. Trustee Smith: Basi[cally it is going to be pretty much the same as APs. Mr.. Mohring: Yes, right now we are a little lower than him and we want to level it off. Trustee Smith: Do any of the Trustees have any questions? Trustee Krupski: How will the final grade on the property compare with Pin. e Neck Road? Mr. Mohring: There is an easement of about 20 ft. that can't be disturbed, so from that 20 ft. there will be a gradual rise to the foundation. Trustee Krupski: Okay. Trustee Smith: Thank you. Are there any other comments? No comments? Then I will close this public hearing in the matter of the application of Richard Mohring, Jr. Hearing Closed at: 7:42 P.M. PUBLIC HEARING NOVEMBER 24, 1987 IN THE MATTER OF ANTHONY L. MACARI NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON TUESDAY, NOVEMBER 24, 1987 ON THE FOLLOWING APPLICATION FOR A WETLAND PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. In the matter of the application of Anthony L. Macari to put cement 50 x 10' on an old ramp. Property is located at 3120 Old Jule Lane, Mattituck. Trustee Smith: Does anyone here have any comments on this application? Trustee Goubeaud: Are we going to ask him to put in catch basins before ii goes down to the water to divert the water flow off of that. Trustee Krupski: Yeah, well we can put that in the permit, have him grade it from the top of the bank back, thais all. Trustee Goubeaud: That is a good idea. I just think that it may be a steeper grade from the point that he is going to be starting. Trustee Krupski: Then we can ask for a little rise at the bank. Do you know what I~m saying. Trustee Goubeaud: I know what your saying. Trustee Krupski: It's 15 fi. to the top of the bank to the water. Il is level ground until you get to the top of the bank. Right. Trustee Goubeaud: I iust want to keep the water fr6m going into the creek. Trustee Smith: Just. the normal amount is going to go into the creek, Jeff. Trustee Bredemeyer: There isn't going to be a problem uf~less he lies a dog out. A little bit of rainfall isn't going to... Trustee Smith: Are there any other comments? No response? Trustees? No response. Then I close this public hearing in the matter of Anthony L. Macari. Hearing closed 7:55 P.M. Ilene Pfifferling, Secretary to Board