HomeMy WebLinkAboutTR-01/30/1985TELEPHONE
{516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
JANUARY 30, 1985 Southold, New York 11971
EXECUTIVE SESSION
6:30 P.M. - The Board met with Special Attorney Francis J. Yakaboski
to discuss findings and determination in connection with the matter
of Gustave T. Wade and Leander B. Glover, Jr. Vs. Town Trustees.
See Resolution number 2.
REGULAR MEETING - 7:30 P.M.
The Regular Meeting of the B6ard of Town Trustees was held
on Wednesday, January 30, 1985 at the Town Hall, Main Road,
Southold, New York. The meeting was opened with President Henry
P. Smith presiding at 7:30 P.M.
Present were:
President Henry P. Smith
Vice-President John Bredemeyer
Trustee John Bednoski
Trustee Frank Kujawski
Bay Constable Donald Dzenkowski
Secretary Ilene Pfifferling
Moved by Trustee Bednoski seconded by Trustee Kujawski it was
RESOLVED to Approve the minutes of the Reqular Meeting of
November 26, 1984.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
Moved by Trustee Kujawski seconded by Trustee Bednoski it was
RESOLVED to Approve the minutes of the Reqular Meeting of
December 26, 1984.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
Moved by Trustee Ku~awski seconded by Trustee Bredemeyer it was
RESOLVED to Approve the mooring renewals for the month of March
with the provision that a letter is sent to Mr. Knispel requesting
that he give back to the Trustees one mooring, unless he can show
cause reasons to utilize two moorings in Gull Pond. T~e Tfustees~
discussed moorings in this creek and ideas ~n way~'~to~ pr~id~..a~ed
mooring space for individuals.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
Trustee Smith advised the date for inspections will be held on
February 21, 1985 starting at 2:00 P.M. and the date for the next
regular meeting will be held on February 27, 1985 at 7:30 P.M.
Page 2 - Board of Town Trustees - January 30, 1985
Trustee Smith gave the monthly report for December, 1984 as
follows: Application fees $40.00, Dock and Ramp fees $384.00,
Wetland Inspection fees $25.00, Wetland Applications $200.00
and mooring renewals $50.00 for a total of $699.00. I would
like to give the yearly report of receipts collected for 1984
also: January $284.00, February $129.00, March $452.00, April $324.00,
May $515.00, June $781.00, July $365.00, August $900.00, September
$862.00, October $535.00, November $195.00 and December $699.00
which gives a total amount of $6041.00 this office collected for
1984.
Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was
RESOLVED to Approve the monthly and yearly reports as submitted for 1984.
Vote of Board: Ayes: All
This resolution was declared duly adopted°
II. PUBLIC NOTICES
1. U.S. Army Corps of Engineers notice of application by
Strong's Marine Center, Main Road, Mattituck to relocate and
install floating docks, remove pieces of bog, and construct a
retaining wall at James Creek, Mattituck. Written comments by
February 7, 1985.
III. COMMUNICATIONS
1. From Charles T. Hamilton, Alternate Regional Permit Admin.,
N.Y.S.D.E.C. notice of violation regarding Peterson Towing Corp.,
Naugles Road, Mattituck. Trustee Smith advised that he spoke to
the Building Dept. and asked them to go down and make an inspection
to ascertain whether there are any Trustee or Wetland Violations.
I have checked with that Department today and I was advised that
the inspection has not been made yet.
2. From Howard H. Zehner, Owner of Young's Marina, regarding
the Housebarge Ordinance. Mr. Zehner wrote to thank the Trustees
for inviting the Marine Owners to the work session held on Jan. 24,
1984.
3. Legislator Gregory J. Blass, letter to Mr. Redman supporting
the Trustees request to identify the source of pollution in Arshamomaque
Pond. Trustee Smith advised that this correspondence will be discussed
in conjunction with item 15 on the agenda.
4. From Abigail A. Wickham a letter regarding property on
Lighthouse Road and Soundview Avenue, Southold. Mrs. Wickham is
requesting that the Trustees revise their opinion regarding the
wetlands. The Trustees visited the site on January 24, 1985 and they
feel this is a very sensitive area.
Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED that a letter is to be forwarded to Mrs. Wickham, Attorney
for the applicant, stating that the Board of Trustees wishes to
Page 3 Board of Town Trustees - January 30, 1985
maintain its opinion as to jurisdiction and that any proposed
activity on the Wetlands will require a permit from the Trustees.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
5. From Gordon C. Colvin, Director, Division of Marine
Resources, D.E.C. regarding Arshamomaque Pond, Southold. Trustee Smith:
We will hold this and discuss it in conjunction with item number 15.
6. Letter from Mr. William T. Yetter regarding the proposed
Housebarge Ordinance.
7. From Robert Nuzzi, Ph.D., Recreational Waters Section,
Suffolk County Dept. of Health regarding Arshamomaque Pond.
Trustee Smith: We will hold this and discuss it in conjunction with
item number 15 also.
8. From Mr. Michael Carlucci a request for an extention on
his permit number 1788 for work to be completed in Conkling Point
Creek, Greenport. Trustee Kujawski stated that Mr. Carlucci has
another application in for dredging in Conkling Point Creek. He
stated he has strong feelings about the dredging. Trustee Bredemeyer
added that whereas a permit was granted for the bulkhead previously,
he felt that the request should be approved and keep the bulkhead
and the dredging separate. Trustee Bredemeyer stated that he was
sensitive about the dredging also. Trustee Kujawski suggested that
the Trustees should have a letter of intent which should be submitted witt
any request for an extention on a permit in the future.
On motion made by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED that Mr. Carluccis request for an extention on his permit
number 1788 be and hereby is extended for a period of six months.
This permit will expire on July 17, 1985.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
9. From Legislator Gregory J. Blass information regarding
Arshamomaque Pond, Southold. Trustee Smith: We will hold this
and discuss it when we discuss item number 15.
10. From Mr. Ralph Grandinetti requesting an appeal on the
decision the Trustees previously made regarding a mooring in
Gull Pond. Trustee Bredemeyer advised that the Trustees visited
the site on January 24, 1985 and upon this investigation the
Trustees determined that the mooring, as proposed, would be in the
channel and would impede navigation. As a result the following
resolution was offered.
Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED that the request made by Mr. Ralph Grandinetti, to appeal
a previous request for a mooring in Gull Pond, Greenport, be and
hereby is Denied on Appeal without prejudice because the mooring
as proposed would be in the channel and impede navigation.
Page 4 - Board of Town Trustees - January 30, 1985
10. Vote of Board: Ayes: Ail
This resolution was declared d~ly adopted.
11. From Lee E. Koppelman, Director of Planning regarding
"Hard Clam Management Plan for Suffolk' County Waters."
Trustee Smith: Are there any comments on this one?
Trustee Bredemeyer: I believe the Town is going to try to get
some grant money through that program for the Seed/Clam Project.
12. Information from the Justice Office regarding the
wetland violations of the Bayview Development Corp. and the
Harbor Lights Property Owners Association, Inc.
Trustee Smith: What are your feelings regarding these cases?
Trustee Bednoski: I feel this was a waste of time seeing that they
only received a $50.00 fine. I feel this was a flagrant violation
in my mind.
Trustee Smith: The Bayview Development Corp. I'm no~ very happy,
with the second one I think ~t.~was ~ust ~a~m~ up.
Trustee Bredemeyer: It would seem that $50.00 fines, which are
merely the cost of a Wetlands. Permit Application simply creates
a class of people now that can conduct operations on the Wetlands
for the same price as it wo~ld to come before this Board where we
have, the vast majority of people who are law abiding and come here
to do things the right way.
Trustee Smith: In order to do anything else, they will have to
come back to us now.
Trustee Kujawski: I think this supports my opinion that in addition
to monetary reimbursement with the Town, we have.to include in our
penalty section the ability to restore area. Now, that's not tough
enough, certainly.the Harbor Lights area there was nothing to restore
it was a question of bulldozing that pile and spreading it properly.
I believe that pile of sand still exists.
Trustee Smith: I think one side of the pile is down.
Trustee Kujawski: We have nothing that requires them to fix tha~,
and the Cove I think John pointed out the other day, I think they
owe us for the bottom they took out of there. But if we are going
to have these silly little fines, the Wetlands Ordinance is going to
be just a joke.
Trustee Bredemeyer: What about Trustee bottom there? Should we do
a survey on the Cove to see if Trustee bottom was used for personal
gain? Or was it put on the upland? Should we possibly put it on
the agenda for field inspections? Look at it as a Board and discuss
Page 5 - Board of Town Trustees - January 30, 1985
it next month and come to some consensus on the material. The
applicant should be charged a standard rate for the material taken
from Town bottom.
Trustee Smith: He will not be able to touch this unless he comes
back to us with an application.
Trustee Bredemeyer: Why don't we send him a trustee application
for the work on Town bottom.
Trustee Kujawski: For the dredging?
Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED that the secretary is directed to forward to the Bayview
Development Corporation, an application for dredging. A letter
should be attached asking for the number of the cubic_yards of spoil take~
from Town bottom.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
13. From Edward J. Carpenter, Professor of Biological Sciences,
regarding occurrence of a "Red Tide" organism in local marine waters.
Trustee smith: Are there any comments on this one?
Trustee Bredemeyer: Did everyone get this letter that was sent out?
Trustee Kujawski: I honestly didn't see this one.
Trustee Bredemeyer: This Professor Carpenter does some research
throughout Suffolk County. He is very knowledgeable on the subject.
I think they are looking for support in their research into the
"Red Tide" organism which they found in alot of the harbors, and
I think they are concerned about proper monitoring to protect the
general public since it is the same organism that caused a problem
north of here. I think it is something we should support strongly.
Personally, I feel it is a worthy activity, since the knowledge
gained here may be invaluable in protecting the public at large,
and preventing what could be a disaster. It's one of those things
that keeps getting put on the back burner, because not that much
is known about it. There is a large report that Professor Carpenter
has done on it. I have it available if anyone wishes to read it.
Trustee Kujawski: What are your recommendations on this?
Trustee Bredemeyer: That we would support, in concept the idea of
monitoring the "Red Tide" organism, since it does bloom in several
of our creeks.
Page 6 - Board of Town Trustees - January 30, 1985
Not that much is known about it, as yet some thoughts are that
it may have arrived here from clam transplanting operations or
in boat balace as such and since the toxicity of it seems to
vary considerably, even the research in this area may give some
indication or help for other areas in the country as to why we
have non-toxic blooms of this organism maybe it would be a benefit
other areas. I think it would be something that, we as a Board,
should endorse any research that the State or County would be
willing to do on our waters. I'll make that a motion.
Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED that the Board of Trustees support any research into
monitoring and the study of Gonyaulax tamarensis of "red tide"
organism.
Vote of Board: Ayes: Ail
This resolution was declared duly adopted.
14. From the Supervisor's Office a request to prepare a written
report of activities in the year 1984 and plans, projections and
recommendation (s) for 1985.
Trustee Smith: I'd like to give a report of the activities of the
Trustee Office, and if anyone has anything further to add I would
appreciate your input.
1. The Trustees took jurisdiction over the "Wetland Ordinance"
as a result Public Hearing are held regarding the Wetland Applications.
2. Implementation of the State Environmental Quality Review
Process.
3. Continuance of the creek survey. (Mud, Broadwaters, Haywaters,
East and Wickham Creeks were done.)
4. Supported the hiring of a Bay Constable to patrol in Mattituck
Creek.
5. Continued support of the Seed/Clam Program.
6. Initiated efforts, to forward to the Town Board, a Local
Law to control Housebarges in Town Waters.
7. Initiated efforts, to forward to the Town Board, a Local
Law to amend the Wetland Ordinance.
8. Initiated steps to reopen Mill Creek.
9. Make routine inspections on the applications submitted and approvals
10. Continued support of Maintenance Dredgin~ in the mouth of the
creeks, done by the County.
1985
1. Continued support for the hiring of a second Bay Constable.
2. Continued support of the Seed/Clam Program.
3. Continued Creek Inventory.
4. Continued efforts regarding the proposed "Housebarge Ordinance."
5. Continue efforts to reopen Mill Creek, and to work on the
reopening of Mattituck Creek to shellfishing. 6. Revised a consolidated application.
7. Continued efforts to amend the Wetland Ordinance.
8. Continue to make routine inspections on applications and approvals.
Page 7 - Board of Town Trustees - January 30, 1985
9. Continue efforts to resolve legal dispute in Gull Pond.
10. Elect a fifth Trustee.
Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was
RESOLVED to approve the report as submitted and to forward same
to the Town Board.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
15. From Trustee John Bredemeyer a report regarding updated
recommendations for Arshamomaque Pond.
Trustee Smith: John, will you please take this one?
Trustee Bredemeyer: Okay, I'll run through this quickly to
describe what we have going. The Town Supervisor had requested
that I continue to investigate what the Town could do on that, on
Arshamomaque Pond, and as a Trustee Body to handle any recommendations,
so you are seeing this before anyone else. What I have done is
communicated with Mr. Gordon Colvin who is, and Mr. Redman at the
D.E.C.. Also with the Suffolk County Health Department and had done
some research and some additional testing.may be necessary. I've
talked to Paul Flagg. As a result, ~ have come up with some very
specific recommendations on testing, and how we might proceed.
The problem with testing, and alot of these things, is there is a
current addage I hear used where I work occasionally."Test it until
it gets better." So my recommendations are:
While my initial recommendations in reference to reroutinq surface
drainage away from the pond will remain until tests might-prove
otherwise, the following are updated specific recommendations
in light of recent communications received by the Trustees from
the N.Y.S.D.E.C. and S.C.D.H.S.They include tests I feel will
give us an indication of potential sources of contamination to
the pond in addition to run-off we know exists from the original
tests. I am prepared to help in any way possible.
1. With Mr. Gordon Colvins appointment of Messrs. James Redman
and Stephen Hendrickson as advocates for the Town to secure
N.Y.S.D.E.C. permits (See Attachment A) I would recommend the
Town Board take necessary action to acquire drainage rights to
the culver~ next to 'the Shiloh Church and expeditiously fill in
the hole and consider re-routing the drainage of that culvert
elsewhere away from the pond.
2. Permit a Bay Constable to accompany myself as Trustee for
approximately four hours one n~ght to perform a survey of the
creek with a type of light I can borrow from the Health Department
which may directly check for certain gross discharges into the pond.
3. The Health Department Lab has indicated to myself and Dr. Nuzzi
of limited capability to perform Fecal strep Tests and "Mug" tests
(See Attachment B) provided the tests are performed prior to June.
Since the "Mug" reagent is not currently used in E.P.A./Certified
Shellfish Monitoring Programs it can not be provided by the County
Page 8 Board of Town Trustees - January 30, 1985
or State and would be the Towns only expense at about $110.00.
I would recommend purchase of one gram of this Media Aid for
use by the Countys Public Health Laboratory. (See Attachment C)
4. Mr. Redman of the N.Y.S.D.E.C. indicated to me his capability
to perform only a few "Completed" Coliform Tests (I had suggested
these in my presentation to the Board in December.) I would
recommend he be requested to perform such tests on half of the
samples every.@ther week of a six week study so that a total of
three completed tests would be available for each sampling point.
5. I would recommend a short bacteriological study as outlined
below which I believe to be consistent with the commitments we
can reasonably expect from the N.Y.S.D.E.C. and S.C.D.H.S.
Laboratories as indicated to me via personal communication with
Dr. Nuzzi and Mr. Redman.
SPECIMEN STUDY
Four to six week study of pond.
Split samples taken at 10-12 mutually pre-determined sites in
the Northwest area of pond which the N.Y.S.D.E.C. and S.C.D.H.S.
feel are the best indications of pollution. All sites sampled
once weekly for 4 to 6 weeks with:
N.Y.S.D.E.C. Performin~
Their "Standard" Coliform Tests and "Completed" tests on a
portion of the samples so all stations will receive at least
2 "Completed" tests by the end of the study.
S.C.D.H.S. Performing
Their Standard Coliform Test with "Mug" reagent added (Supplied
by Town) and their standard Fecal streptocci Test(s)
Study will thus provide:
Some indication of False Positive/Negative Test% more data
to open or maintain closure of cree~ direct measure of Fecal strep
and E. Coli for Fecal coli/Fecal strep ratios as possible source
indicators.
I would recommend confirmation of this by the Town Board.
6. I would recommend formation of a committee to include myself and
Mr. Ray Dean to discuss the test results and make recommendations
to the Town Board. Mr. Deans support and input will be critical
for corrective action as in #1 of these recommendations.
I feel that I have secured worthy support from very limited
resources. As a result it should not be necessary for the Town
to secure additional expensive Bacteriological Tests provided the
involved agencies can perform such a "Short Study."
Page 9 - Board of Town Trustees -_January 30, 1985
I wish to thank all persons helping in this endeavor for
their confirming support.
John Bredemeyer
Vice-President
Southold Town Trustees
for President Henry P. Smith
JB:ip
cc:
Assemblyman Joseph Sawicki, Jr.
Legislator Gregory J. Blass
Dr. David Harris, M.P.H. Commissioner
Mr. Gordon Colvin, Dir., Division of Marine Resources, D.E.C.
Mr. James Redman, Marine Resources Specialist, D.E.C.
Robert Nuzzi, Ph.D., Recreational Waters Section
Raymond Dean, Superintendent of Highways
James C. McMahon, Admin. Community Development
Southold Town Baymen's Association
Attachments
Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was
RESOLVED to approve as submitted, the recommendations regarding
Arshamomaque Pond.
Vote of Board: Ayes: Ail
This resolution was declared duly adopted.
Moved by Trustee Smith seconded by Trustee Bednoski it was
RESOLVED that Trustee Bredemeyer is authorized &nd-~appro~edc~o>perform
tests~.on behalf of the Town. Trustees of the Town.of Southold in
Mattituck and~Arshamomaque~P~d~r~gafdin~ road,.run' off'ipollution.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
16. Review of the revised and consolidated application forms.
Trustee Bredemeyer advised to delete the word "forms" on g,D,~,F
on the fee schedule. Also, I would like to thank Ilene for
working with me on this. It's really great.
~Seeing that Trustee Kujwaski would like to review same, the
resolution will be held.
17. From Allen P. Van Name regarding the closing of the
creeks.
Trustee Smith: I see Mr. Van Name~is.here. Sir, were your
questions answered?~ ~r'd0 y~h~ ~ny f~ther questions~
Page 10 - Board of Town Trustees - January 30, 1985
Mr. Van Name: I do understand a lettle better. But if anyone
wants to see the primary source of pollution there in
Mattituck Creek, come down and I'll show you after a heavy
rain.
Trustee Smith: I know, I don't have to leave my backyard,
we have it also. It runs right down my street.
Trustee Kujawski: I think John is right. If we can get
the information from one creek, we can apply it and possibly
get some grant money to be applied to the other areas too.
Mr. Van Name:
done.
I just want to know that something will be
Trustee Smith: Are there any other comments?
We will move on to our resolutions.
(no response.)
V. RESOLUTIONS
1. ALFRED SPIRO
Moved by Trustee Bednoski seconded by Trustee Bredemeyer it
was
RESOLVED to APPROVE the offshore mooring for Albert Spiro in
East Creek, Cutchogue, with the provision that the boat does
not impede navigation or interfere with any other boat. Access
is from E. Langhans property, ~s per letter attached to the
application.
Vote of Board: Ayes: Ail
This resolution was declared duly adopted.
Trustee Smith: Frank will you take number two?
Trustee Kujawski: Sure ....
Page 11 - Board of Town Trustees - January 30, 1985
Moved by Trustee Kujawski seconded by Trustee Smith
WHEREAS, GUSTAVE T. WADE, by application received
on February 16, 1983, applied to this Board for "an easement
across Trustees (sic) creek bottom at end of East Road in
Cutchogue, Town of Southold"; and
WHEREAS, a public hearing was held June 14, 1983,
on this application and thereafter the application was
denied; and
WHEREAS, the applicant and LEANDER B. GLOVER, JR.,
commenced an Article 78 proceeding to review this Board's
denial; and
WHEREAS, upon rehearing sought by petitioners the
Supreme Court (by Luciano, J.) issued on order dated June
14, 1984 which remanded this matter to this Board of the
sole purpose of reciting the Board's findings of fact.
While the Board disagrees with the Court's conclusion that
it must recite its findings of fact when denying a private
easement over Trustees' lands, the Board nevertheless shall
set forth below its findings and determination which are
based upon the Trustees' file, statements made at the
hearing and the Trustees' personal knowledge and familiarity
of the properties concerned.
FINDINGS
1. The applicant, GUSTAVE T. ~ADE is the ccn-
tract vendee of a parcel of land (the "island") owned by
Page 12 Board of Town Trustees - January 30, 1985
LEANDER B. GLOVER, JR., lying east of the easterly end of
East Road.
2. Prior to 1966, the "island" was separated
from the mainland by Eugene's Creek, also known as East
Creek. This is shown on a survey prepared by Roderick Van
Tuyl of March 4, 1980.
3. In 1966, spoil material from dredging was
deposited east of East Road, as well as on the beach south
and east thereof. As a result, the open water area between
the end of East Road and the "island" was filled in, oblit-
erating the boundary lines between the "island", the beach
owned by Fleets Neck Property Owners Association, and the
channel of Eugene's Creek located between the easterly end
of East Road and the "island".
4. By agreement dated June 4, 1980, this Board
and Mr. Glover fixed the property line between the "island",
and the now filled-in channel of Eugene's Creek. The
agreement was recorded in the Office of the Suffolk County
Clerk at Liber 8836 of deeds at page 568. Mr. Glover
quitclaimed to the Trustees all right, title or interest he
may have in the filled-in channel south and southwest of the
fixed boundary line. Not only did Mr. Glover recognize the
Trustees' title to the now filled-in area by virtue of this
quitclaim, he also acknowledged the Trustees' ownership and
sovereignty over the property by virtue of the Andros Patent
Page 13 Board of Town Trustees - January 30, 1985
and subsequent legislative acts.
property over which the applicant
easement and/or quitclaim deed.
This is the very same
now seeks a private
5. On or about November 6, 1980 a similar
agreement was entered into between the Trustees and the
Fleets Neck Property Owners Association which fixed the
boundary between the former channel of the creek and the
association's land. This agreement was recorded in the
Office of the Suffolk County Clerk in Liber 8951 of deeds at
page 492. By virtue of this agreement the association
released and quitclaimed its interest in any land lying to
the north and northwest of the established boundary line.
The boundary lines fixed by these two agreements are shown
on the survey of March 19, 1980 referred to above.
6. It is therefore conceded by all parties and
undisputed that the Trustees own the property between the
easterly end of East Road and the "island". The applicant
therefore has no legal right to the easement and/or
nor has he presented any evidence to the
quitclaim deed,
contrary.
7.
It is the duty of this Board to preserve and
maintain the property it owns and has dominion over, to
preserve and maintain the natural wetlands and the natural
ecology of these properties and to insure to all the people
of the Town the greatest long-range benefits therefrom. In
Page 14 Board of Town Trustees - January 30, 1985
exercising its powers, which by virtue of the Andros Patent
and those of the sovereign, the Board has wide discretion
which must be exercised for and on behalf of the people of
the Town. These discretionary powers inherent in the
Trustees are only subject to the mandate of the electors of
the Town of Southold.
8. The grant of a permanent private easement
over properties owned and managed by the Trustees is
~nimicable to the Trustees' responsibilities and duties to
the public at large. It would be contrary to the Board's
duties and obligations to convey away rights to its property
which would, even potentially, prevent the public from
enjoying the natural resources of this Town, including its
waterways and wetlands.
9. If the application before the Board were
granted, the rights of neighboring property owners as well
as the public at large would be severely jeopordized.
10. Alteration of the existing wetlands are not
in the public interest and the proposed use for vehicular
traffic and underground utilities could well have permanent
and adverse effects on them.
11. The grant of an easement and/or quitclaim
deed, being of a permanent nature, would prevent the Trustees
from taking any future action in regard to this property
including the possibility of reestablishing the creek.
Page 15 - Board of Town Trustees - January 30, 1985
DETERMINATION
1. Because of the permanent nature of the
requested easement and/or quitclaim deed, the fact that it
creates a private benefit in direct conflict with the
interests of the public at large which the Trustees are
charged to protect and the potential harm caused by the
proposed alteration of the property, the application must be
denied.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
3. BAYLES, LEVINSON & FRANKEN-Lead Agency
Moved by Trustee Smith seconded by Trustee Bredemeyer it was
RESOLVED that the Southold Town Trustees declare itself lead
agency in resard to the State Environmental Quality Review
Act in the matter of the application of Bayles, Levinson &
Franken for a Wetland Permit on certain property located on
Tarpon Drive/Albacore Drive, Southold.
3. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
4. GEORGE SOHN
Moved by Trustee Bredemeyer seconded by Trustee Smith it was
RESOLVED to approve the application submitted by George Sohn
to place an offshore moo~ing using a 100 lb. anchor, with
~ccess from public property in East Creek, Cutchogue, with --
the provision that the boat does not impede navigation or
interfere with any other boat.
4. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
5. ENVIRONMENTAL ASSESSMENT ON THE APPLICATION OF MICHAEL CARLUCCI
Moved by Trustee Bednoski seconded by Trustee Kujawski
WHEREAS, Michael Carlucci
has heretofore applied to the Southold Town Trustees, pursuant
to Chapter 44 of the Code of the Town of S~uthold for permission
~o maintenance dredge an area 45' x 40' lon~ to a depth of 3
feet below iow water, directly in front of his residence on
~roperty located at 8A Island View Lane, Greenport, New York
NOW, THEREFORE IT IS RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the
Environmental Conservation Law; Part 617 of Title 6 of the
New York State Code, the Southold Town Trustees, as Lead
Agency, does hereby make an initial determination that the
action proposed is_a Type I actio~nd is likely to have a
significant effect on
Page 16 - Board of Town Trustees - January 30, 1985
the environment and further requests the applicant to complete
a long environmental assessment form.
2. That the Secretary to the Trustees shall file and circulate
such determination as required by the aforementioned law,
rules and code.
3. That the Secretary to the Trustees shall immediately notify
the applicant, Michael Carlucci,
and further request said applicant to prepare a Long Environmental
Assessment Form, all in accordance with said law, rules and code.
5. VOTE OF BOARD: AYES: ALL
This resolution is declared duly ~dopted.
6. Environmental Assessment on the Wetland Application of
Gus Klavas.
~oved by Trustee Kujawski seconded by Trustee Bredemeyer it was
RESOLVED that pursuant to 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 $outhold, notice is hereby given that the Southold Town Trustees
as lead agency for the action described below, has determined
that the project, which is unlisted, will not have a significant
effect on the environment.
DESCRIPTION OF ACTION: Application of Gus klavas submitted by
En-Consultants, Inc., for a Wetland Permit. Permission is
requested to replace (within 18") 84 1.f. of bulkhead plus two
12' returns and backfill with 250 cu. yds. of fill to
be trucked in. Project is located on Arshamomaque Road,
Southold.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely
to occur should the project be implemented as planned.
Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project
would not have a significant effect on the environment.
Because there has been no response in the allotted time from
the Southold Town Building Department, it is assumed that
there are no objections nor comments from those agencies.
6. VOTE OF BOARD: AYES: ALL
This resolution is declared duly adopted.
7. Environmental Assessment on the Wetland Application of
Albert Roke.
Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was
RESOLVED that pursuant to 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, which is
unlisted, will not have a significant effect on the environment.
DESCRIPTION OF ACTION: Application of Albert Roke submitted by
John Geideman to dredge a protion o£ Sc~oo£house creeK, to
Page 17 - Board of Town Trustees - January 30, 1985
provide passage for private boats, silting is blocking the
use of the channel. Location of the project is the land
underwater along property of Katherine Tuthill. Fill is
to be placed on the Hartung property behind the bulkhead,
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are
likely to occur should the project be implemented as planned.
Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project
would not have a significant effect on the environment.
Because there has been no response in the allotted time from
the New York State Department of Environmental Conservation
and the Southold Town Building Department, 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.
8. Environmental Assessment on the Wetland Application of the
Winds Way Building Corp.
Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was
RESOLVED that pursuant to 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, which is unlisted, will not have
a significant effect on the environment.
DESCRIPTION OF ACTION: Application of the Winds Way Building
Corporation, submitted by the Land Use Company for a Wetland
Permit. Permission is requested to construct a fixed dock to
a ramp and float secured by spiles at Cedar Point Drive East
in Pleasant Inlet, Cedar Beach, Southold.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are
likely to occur should the project be implemented as planned.
Because there has been a response from the the Southold Town
Conservation Advisory Council indicating that this project would
not have a significant effect on the environment.
Because there has been no response in the allotted time from the
New York State Department of Environmental Conservation and the
Southold Town Building Department, it is assumed that there are
no objections nor comments from those agencies.
8. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
Page 18 -Board of Town Trustees - January 30, 1985
9 & 10. Moved by Trustee Smith seconded by Trustee Bredemeyer
NOTICE IS HEREBY GIVEN that public hearings will be held by
the Board of Town Trustees of the Town of Southold, at the
Southold Town Hall, Main Road, Southold, New York, on WEDNESDAY,
February 27, 1985 on the following applications for permits
under the provisions of the Wetland Ordinance of the Town of
Southold, to commence at 8:00 P.M.:
In the matter of the application of E. N. Richards submitted
by En-Consultants, Inc. to construct a dock consisting of a
ramp and float secured by pilings and to place a mooring piling
off of the Southeast corner of the float on property located at
Salt Lake Village, Mattitucko
In the matter of the application of Martin and Florence
Gellman to repair and extend an existing dock and to place
removable ramp and floats with pilings on property located at
Meday Ave., Mattituck.
In the matter of the application of Theodore Krukowski to
construct a catwalk and floating dock to moor a boat, on property
located at 15 Stillwater Avenue, Cutchogue.
In the matter of the application of John Ne~..~an to construct
riprap, remove solid fill walk, construct walk and docks, remove
and replace bulkheads, dredge and fill on property located at
the end of Sailor's Needle, Mattituck.
In the matter of the application of John S. Tessier on behalf
of the Gardiner Bay Estates to maintenance dredge in the inlet
to Spring Pond from Orient Harbor, East Marion.
In the matter of the application of Gus Klavas submitted
by En-Consultants, Inc. to replace (within 18") a timber bulkhead
plus two returns and backfill on property located at Arshamomacue
Road, Southold.
Page 19 - Board of Town Trustees - January 30, 1985
In the matter of the application of Albert Roke submitted
by John Geideman to dredge in Schoolhouse Creek along property
of Katherine Tuthill, and fill to be place on Hartung property.
Project location is at the end of Old Harbor Road, New Suffolk.
In the matter of the application of the Winds Way Building
Corporation to construct a fixed dock to a ramp and float
secured by spiles at Cedar Beach Drive East, in Pleasant
Inlet, Cedar Beach, submitted by the Land Use Company.
Ail persons interested in said matters should appear at
the time and place above specified and will be given an
opportunity to be heard.
9 & 10- Vote of Board: Ayes All
This resolution was declared duly adopted.
11. Moved by Trustee Kujawski seconded by Trustee Smith it was
RESOLVED to Approve the revised work plan as submitted by
En-Consultants, Inc. for E.N. Richards, in connection with his
application for a wetland permit.
11. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
12. Moved by Trustee Bredemeyer seconded by Trustee Kujawski 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 J. Louise Moyle for a wetland
permit on certain property located a 1920 Minnehaha Blvd. Southold.
12. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
13. ROBERT MELCHLONE
Moved by Trustee Bednoski seconded by Trustee Kujawski it was
RESOLVED to Approve the mooring application submitted by Robert
Melchlone to secure a permit for two offshore stakes with pulley
line to onshore stake in Goose Creek, Southold, access is from
private property.
13. VOTE OF BOARD: AYES: ALL
This resolution was declared d~l¥ adopted.
Page 20 Board of Town Trustees - January 30, 1985
14. MATTITUCK INLET MARINA
Moved by Trustee Kujawski seconded by Trustee Bednoski 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 Mattituck Inlet Marina
for a Wetland Permit on certain property located on Mill Road,
Mattituck.
14. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
15. KENNETH ROCK
Moved by Trustee Kujawski seconded by Trustee Smith it was
RESOLVED to Approve the Grandfather Application submitted by
Kenneth Rock to secure a permit for a bulkhead in Broadwaters
Cove, Cutchogue, all in accordance with the application submitted.
15. VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
Trustee Smith: Does anyone have anything they would like
to say on behalf of the Trustees?
Trustee Kujawski: I feel that we should do something about
rewriting the penalty section of the wetland ordinance. I
don't understand why you don't want to do that?
Trustee Smith: It is my opinion that we are a legislative
body, enforcement agency, we are not judicial. Where they
give a $50.00 fine, like they did at the Cove it changes my
way of thinking. I'd like to hear what you have to say.
Trustee Kujawski: What had me upset, I thought from the last
meeting we all agreed...
Trustee Smith: I know what your saying.
Trustee Kujawski: The Town Board thinks we are all done.
Trustee Smith:
was proposed.
The Town Board is not accepting it the way it
Trustee Kujawski: I think we have to sit down with the Town Board
and explain it to them. I'm suggesting under section Seven of the
Wetland Ordinance, where we only have a section A right now which
is a monitary fine with a maximum of up to $500.00, for the first
occurance. Be that as it may, that we have a section B, would
sound like this, but I'm not a lawyer, I'd like Mr. Tasker to put
it in the proper language. "Where applicable and feasible,
reparations, repairs, removals or other alterations may be
required to mitigate the damaging effects on the wetlands, by such
persons found guilty of violating this ordinance. This may be in
Page 21 - Board of Town Trustees January 1985
liew of a fine or concurrent with a fine." What that means,
I would hope the Judge or Lawyer would meet with us, not that
we would set the fine. What we would do, we could say "Whats
happened here is pretty serious. This can be fixed, this bulkhead
can be removed. Spartina can be planted in this area. We don't
care about the money. What we want is the area restored.
Moved by Trustee Kujwaski seconded by Trustee Smith it was
RESOLVED that where applicable and feasible, reparations,
repairs, removals or other alterations may be required to
mitigate the damaging effects on the wetland, by such persons
found guilty of violating this ordinance. This may be in liew
of a fine or concurrent with a fine.
Vote of Board: Ayes: All
This resolution was declared duly adopted.
It was agreed, by the Board, that once the Wetland Ordinance
has been changed, the Trustees will schedule a meeting with
the Judges and the Town Board to let them know that the Trustees
don't care about the fine as much, but they really want is the
restoration of the violation.
There was discussion held regarding the inspection of structures
that are complete. Trustee Kujawski felt that perhaps the Bay
Constable could get a list from the Trustees and then make
an inspection a few months after the approval, of the work that
has been done.
Moved by Trustee Kujawski seconded by Trustee Smith, it was
RESOLVED that this Trustee Meeting be and hereby is adjourned
at 9:10 P.M.
VOTE OF BOARD: AYES: ALL
This resolution was declared duly adopted.
Ilene Pfifferling, Secretary
Board of Town Trustees