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HomeMy WebLinkAboutTR-05/01/1985BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE {516) 765-1892 MAY 1, 1985 EX~CUTIUE SESSION 7:00 P.M. - The Board met with Town Attorney Tasker to discuss the request made by Mr. Walter Wapp~us to cQnstruct a retaining wall at Bayshore Road, Greenport. The Trustees will~ee~ with Mr. Wappaus or a representative to further discuss this proposal. Discussion was held relative to the housebarge ordinance that is being worked on by the Trustees. REGULAR MEETING 7:30 P.M. The regular meeting of the B6ard of Town Trustees was held on May 1, 1985~at the Town Hall, Main Road, Southold. President Smith opened the meeting at 7:30 P.M. Present were: Trustee Henry P. Smith, Trustee John Bredemeyer, Trustee Frank Kujawski, .T~ustee John BednoskL~ ~Secretary Ilene Pfifferling Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the mooring renewals for June, 1985. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith advised that the the date for the next regular meeting of the Board will be held on May 29, 1985 at 7:30 P.M. Inspections will be held on May 23, 1985 starting at 2:00 P.M. President Smith reported the monthly receipts for March 1985 as follows: Applications $60.00, Dock & Ramp fees $83.25, Bulkhead fees $864.00, Dredging $2400.00, Wetland Inspection Fees $40.00, Wetland Applications $150.00, Mooring Renewals $175.00 for a total collected and forwarded to the Supervisor of $3,772.25. Board of Town Trustees -1- May 1, 1985 President Smith asked Trustee Bredemeyer to read the Public Notices as follows: 1. New York State D~partment of~Environmental'Conservation Re: Notice of Complete~?Application for the Suffolk County Dept. of Public Works to dredge an area 800' x 125' wide channel to 6' below M.L.W. at the entrance to Mill Creek and 1200' x 75' wide channel to 6' below M.L.W. inside Mill Creek. Resultant spoil 18,000 cu. yds. will be placed above mean high water on unnamed island south of Mill Creek. Comments by: April 19, 1985 am New York State Department of Environmental Conservation Rear Notice of Complete Application for N. Charles DeLuca to subdivide 10.5 acre parcel into three 80,000 sq. ft. lots and one 4.4 acre lot for residential development - all above the elevation of 10' MSL (USGVD) north of and adjacent to Hippodrome Pond, Southold. Comments by: April 12, 1985. New York State Department of Environmental Conservation Re: Notice of Complete Application for Briscoe Smith to subdivide 4± acre parcel into 4 lots each of 1± acres. Two lots contain existing homes. Project site is on Little Hay Harbor, Equestrian Avenue, Fishers Island, New York. Comments by: April 19, 1985. U.S. Army Corps of Engineers Re: Application of Michael Carlucci to dredge in Conklin Point Creek, Shelter Island Sound, Propertyl located at Island View Lane, Southold. Comments by: April 18, 1985. U. S. Army Corps of Engineers Re: Authorizations for work under a General Permit for work in waters of the United States. New York State Department of Environmental Conservation Re: Port of Egypt Enterprises/ C & L Realty to place 1200± L. F. of concrete rip-rap between mean high water ahd mean low water on banks of existing marina and boat basin to stabilize shoreline. Project is located at Mill Creek, Budds Pond, Southold. Comments by May 3, 1985 New York State Department of Environmental Conservation Re: Messrs. Carl E. Meyer, Jr., & John D. Sinning to reconstruct a 50' timber jetty. Project is located on Peconic Bay, northwest of Paradise Point, west of lands of Shaw, Bayview, Southold, New York. Comments by: April 26, 1985 Board of Trustees -3- May 1, 1985 8._: Southold Town Planning Board Re: Notice of Completion of Draft Environmental Impact Statement for the Major subdivision in the Cluster concept at Orient for Nicholas Schick. Comments by: June 15, 1985 e New York State Department of Environmental Conservation Notice of Complete Application form the New York State Department of Transportation to reconstruct an existing positive drainage system, consisting of an existing 24" RC pipe emptying onto a new stone splash apron which requires rsmoval of vegetation from an area 10' x 15' into the wetland a~jacent to existing concrete retaining wall required by NYSDOT Contract D-251343, "Improvement of Route 25, intersection with County Road, 48, S. H. 8380, Greenport/Orient Point, New York." Comments by: May 10, 1985. 10. New York State Department of Environmental Conservation Notice of Complete Application for Reydon Shores Property Owners Association c/o Edward McGurn to construct a 30! lin. ft. timber return. Dredge 20' x 40' area from entrance channel to marina to 4' below MLW and bulkhead areas on beach and landward of new return. Approximately 600 sq. ft. of shoal, bar, mud flats to be eliminated by backfill. Repair/replace 500 ± lin. ft. of existing bulkhead and pilings within marina. Project site is on Southold Bay at the Southeast end of Reydon Drive, Bayview, New York. Comments by: May 3, 1985 Trustee Smith proceeded with reading the communications as follows: 1. Gordon C. Colvin, Director of Marine Resources, N.Y.S.D.E.C. regarding the red tide organism. Trustee Smith: Are there any comments on this one? No response. 2. Special Attorney Francis J. Yakaboski regarding the Wade matter. This one ties in with number 3 from Supervisor Francis J. Murphy regarding the Wade matter again. 4. Stanley Allan, Town Clerk, Town of Brookhaven regarding a Home Rule Message opposing suggested ban on the sale of Raw Shelfish in New York Restaurants. 5. Southold Town Bayment's Association regarding opposition to the Michael Carlucci Project to dredge in Conklin Point, Greenport. 6. Southold Town Baymen~s Association regarding a proposed condo development on Corey Creek, Southold. 7. En-consultants, Inc. on behalf of John Dempsey to amend his wetland application to include the item of the home on his application and the following resolution was offered by Trustee Bredemeyer. Board of Trustees -4- May 1, 1985 Moved by Trustee Bredemeyer seconded by Trustee Smith it was RESOLVED to ARPRO~E the inclusion of the it~m'.of'~the home on the application submittedDby J6hn D~mpsey. Vote of Board: Ayes: All This resolution was declared duly adopted. 8. En-Consultants, Inc. regarding a request for an extention on a Trustee Permit for Katherine Farr. 8. Moved by Trustee Smith, Seconded by Trustee Bredemeyer it was resolved to Approve the request for an extention 6nP-tSe~r~stee Permi~.for Katherine Farr~or~ a~period of six months. 8. Vote of Board: Ayes: All This resolution was declared duly adopted. 9. Referral from the Town Clerk's Office regarding recommendations to clean up a beach area at Conkling Point, Greenport. Trustee Smith: It was mentioned that cars were placed on this site about fifteen years ago to stabilize the beach. This is not trustee property. If the owner wishes to have the cars removed it would be at their own expense. Trustee Smith directed the secretary to transmit a letter to Mr. Schneider advising him of same. 10. James J. Maggion, Jr. ~egarding Marine Law Enforcement Expenditures. 11. Anthony Viggiano, Co-Chairman of L.I~ Green Seal Program: an update on the L. I. Green Seal County-Wide Clam Transplant project. 12. Walter & Beatrice Collins opposing the application f~r Constantine Georgiopoulos. Trustee Smith: Thafs the end of our communications. I~.d iike a motion to recess our regular meeting to hold our public hearings. Moved by Trustee Bednoski seconded by Trustee Bredemeyer it was RESOLVED to recess the regular meeting to hold the following public hearings on wetland applications: 8:00 P.M. - In the matter of the application of JOn C. Kerbs for a wetland permit. 8:01 P.M. - In the matter of the application of JOhn Dempsey for a wetland permit. 8:02 P.M. - In the matter of the application of Kearnsport, LTD. for a wet~and permit. Board of Town Trustees 5. May 1, 1985 8:03 P.M. - In the matter of the application of Mattituck Inlet Marina for a wetland permit. 8:04 P.M. - In the matter of the application of Peter Neyland for a wetland permit. Meeting reconvened at 8:30 P.M~ Trustee Smith: We will move on to our ~esolutions. Trustee Bednoski will you take number one. ANTHONY WISOWATY 1. Moved by Trustee Bednoski seconded by TrusteecBredemeyer it was RESOLVED to APPROVE the mooring permit for Anthony Wisowat¥~in Narrow River, Orisnt, using an offshore stake with pulley line to onshore stake, to secure an 8 ft. boat, access is from public property, with the provision that the boat is kept to the north. ~rustee_Bredemeyer advised that he will help to place_thc_boat because there<~is very limited space left in this area~for moorings. 1. Vote of Board: Ayes: All This resolution is declared duly adopted. WALTER L_ G©EBEL 2. ~oved by Trustee Smith seconded by Trustee Kujawski it was RESOLVED to APPRO~V~ the mooring permit for Waiter Goebel in Goose Creek, usin~.~ tie up,between piling~b~Cause?of'the~siz~of~the~ boat~ (21~ft. inboard)% Access is from Private property and a letter of permission has accompanied the application. 2. Vote of Board: Ayes: All This resolution was de61ared duly adopted. EDWARD MCGURN ON BEHALF OF REYDON SHORES PROPERT¥OWNERS ASSOCIATION S.E.Q.R. NON-SIGNIFICANT DETERMINATION 3. Moved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED that pursuant to~>~Articl~ 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 Sou~hold 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 Edward McGurn for Reydon Shores Property Owners Association, Inc. to maintenance dredge and extend return in the cut, repair or ~eplace as necessary bulk- heading, sheathing, and spiles on property located at Reydon Shores foot of Reydon Drive, 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 Board of Trustees -6- Ma~ 1, 1985 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 Southot~ Town Conservation Advisory Council indicating that this p~oject would not have a significant effect on the environment. Because there has been no response in the allotted ~ime form 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. 3. Vote of Board: Ayes: All This resolution was declared duly adopted. CHESTERFIELD ASSOCIATION ON BEHALF OF JOHN LORETTO 4. Moved by Trustee Ku~awski seconded by Trustee Bredemeyer it RESOLVED to TABLE the Environmental Assessment on the application of Chesterfield Association on behalf of John Loretto. 4. Vote of Board: Ayes: All This resolution was declared duly adopted. JOHN W. AND CATHERINE M. DEMPSEY - S.E.Q.R. NON-SIGNIFICANT DETERMINATION 5. Moved by Trustee Bednoski seconded by Trustee Ku]awski it was RESOLVED that pursuant to Article 8.of the Environmental Conservatio~ Law State Environmental Quali~y 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 John W. and Catherine M. Dempsey to construct a catwalk, ramp and float on property located at 7.05 Meday Ave. Mattituck. 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 Board of Trustees -7- May 1, 1985 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. 5. Vote of B~rd ~yes~ All This resolution was deci. ared duly adopted. MARGARET WHITE - S.E.Q.R. NON-SIGNIFICANT DETERMINATION 6. Moved by Trustee Kujawski 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 Southoid 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 Margaret White to construct a dock consisting of a catwalk, ramp and float on property located at Old Pasture Road, Cutchogue. The project has been determined not ~o have a-signi~ficant eff~ 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 no~ have a significant effect on the environment. Board of Trustees -8- May 1, 1985 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. 6. Vote of BOard: Ayes: All This resolution was declared duly adopted. LOUIS JAHIER -~$.E.Q.R. NON-SIGNIFiCANT DETERMINATION 7o 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 submitted by En-Consultants, Inc. on behalf of Louis Jahier to construct a timber dock consisting of a fixed elevated walkway, hinged ramp and float secured by pilings, on property located on a R.O.W. on the north side of Main Road, East Marion. '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 %here are no objections nor comments from those agencies. 7. Vote of Board: Ayes: Alll This resolution was declared duly adopted. Board of Trustees -9- May 1, 1985 CONSTANTINE P. GEORGIOPOULOS INITIAL SIGNIFICANT DETERMINATION ON DRAFT ENVIORNMENTAL IMPACT STATEMENT 8. Moved by Trustee Kujawski seconded by T~ustee Bredemeyer WHEREAS, Abigail A. Wickham, Esq. on behalf of Constantine P. Georgiopoulos has heretofore applied to the Southold Town Trustees, pursuant to Chapter 44 of the Code of the Town of Southold for permission to fill fot with approximately 2000 cu. yds. of off-site fill to raise elevation 8' and construct a single family residence on property located at 180 Lake Court, Southold, New York and Whereas, an initial determination was made of Significance on March 27, 1985 and a draft environmental impact statement was received on same and notice of receipt was disseminated and comments were received~by April 26, 1985 Now Therefore It Is RESOLVED that the Town Trustees, as lead agency, does hereby determine that the action proposed is a Type t_ac~ion and is likely to have a significant effect on the environment. 8. ~ote of Board: Ayes: All This resolution was declared duly adopted. JON C. KERBS - WETLAND APPROVAL - As amended. 9. Moved by 'Trustee Smith seconded by Trustee Kujawski WHEREAS, Jon C. Kerbs -~pplied to the Southold Town Trustees for a permit under the provisions of .the Wetland Ordinance of the Town of Southold, application dated January 30, 1985 , and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommandations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on May 1, 1985 at which time all interested persons day of 1984 were given an opportunity to be heard, now, therefore, be it RESOLVED that Jon C. Kerbs be granted permission under the provisions of the Wetland Ordinance of the Town of Southold, New York all in accordance with the application. This permit will expire on May 1, 1986 if work has not cc~nenced by said date. There shall be two inspections required; and the Trustees shall be notified when the project is complete. Vote of Board: ~yes: Ail Board of Trustees -10- May 1, 1985 10. John Dempsey - Wetland Approval Moved by Trustee Bednoski seconded by Trustee Kujawski 3_ WHEREAS, John Dempsey applied to the Southold Town Trustees for a permit under the porvisions of the Wetland/Ordinance of the Town of Southold, application dated February 8, 1985, and WHEREAS, said application was referred to the Sou~hold 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 May 1, 1985 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED tha John Dempsey be granted permission under the provisions of the Wetland Ordinance of theTown of So~thold, New YOrk, all in accordance with the application. This permit will expire on May 1, 1986, if work has not commenced by said date. There shall be two inspections required; and the Trustees shall be notified when the project is complete. 10. Vote of Board: Ayes: All This resolution ~as declared duly adopted. 11. K~arnsport, Ltd. - Wetland Approval MOved by Trustee Bredemeyer seconded by Trustee Bednoski WHEREAS, Kearnsport, Ltd. submitted by En-Consultants, Inc. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 2, 1985 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 May 1, 1985 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Kearnsport, Ltd. by En-Consultants, be granted permission under the provisions of the Wetland Ordinance of the Town of Southold, New York, all in accordance with the application. T~is permit will expire on May 1, 1986 if work has not commenced by said date. There shall be t~wo inspections required; and the Trustees shall be notified when the project is complete. 11. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Trustees -11- May 1, 1985 12. MATTITUCK INLET M~RINA - WETLAND APPROVAL Moved by Trustee~Smith seconded by Trustee Kujawski Whereas, Mattituck Inlet Marina submitted by Eh-Consultants applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 18, 1985, 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 May 1, 1985 at which time all interested persons were given an opportunity to be heard, therefore, be it RESOLVED that Mattituck Inlet Marina Submitted by Eh-COnsultants, Inc. be granted permission under the provisions of the Wetland Ordinance of theTown of Southold, New YOrk,i'all in accordance with the application. THis permit will expire on May 1, 1986 if work has not commenced by said date. T~ere shall be two inspections required; and the Trustees shall be notified when the project is complete. 12. Vote of Board: Ayes: All This resolution was declared duly adopted. 13. PETER NEYLAND - WETLAND APPROVAL Moved by Trustee Bednoski seconded by Trustee Bredemeyer WHEREAS, Peter Neyland applied to the Southold Town Trustees for a permit under the provisions of the Wetland~Ordinance~6f~the the T6wn of Southold, application dated February 15, 1985, 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 May 1, 1985 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED thatlPe~er Neyland be granted permission under the provisions of the WetlandOrdinance of the Town of Southold, New York, all in accordance with the application. THis permit will expire on May 1, 1986 if work has not commen~ed by said date. There shall be tow inspections required; and the Trustees shall be notified when the project is complete. 13o Vote of BOard: Ayes: All This resolution was declared duly adopted. Board of Trustees -12- May 1, 1985 14. SUE HANAUER AND JOAN BAGLEY WETLAND APPLICAITON - LEAD AGENCY MOved by Trustee Kujawski seconded by T~usteeBredemeyer 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 Sue Hanauer and Joan Bagley submitted by Abigail Wickham for a Wetland Pemit on certain property located on Hummel's Pond, soUth west corner of Lighthouse Road and Soundview Avenue, Southold, New York.~ 14. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 15. RALPH STOCKER WETLAND APPLICATION - LEAD AGENCY Moved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED that the Southold TOwn Trustees declare itself lead agency in regard t6 the State Environmental Quality Review Act in the matter of the ~pplication of Ralph Stocker for a Wetland Permit on certain property located at Dawn Lagoon, corner of Maple Lane and Snug Harbor Road, Lot 59 of Cleave Point, Greenport. 15. ~ote of Board: Ayes: Ail This resolution was declared duly adopted. 16. INGEBORG MUELLER WETLAND APPLICATION ~ LEAD AGENCY 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 Costello Marine on behalf of Ingeborg Mueller for a wetland permit on certain property located at 1435 Westview Drive, Mattituck. 16. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 17. JOSEPH MOISA WETLAND APPLICATION - LEAD AGENCY M~ved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard bo the State Environmental Quality Review Act in the matter of the application of CCostello Marine on behalf of J~sephlM~isa for a wetland permit on certain property located at Westview Drive, Mattituck. 17. Vote Of Board: Ayes: Ail This resolution was declared duly adopted. Board of Town Trustees -13- May 1, 1985 18. JOHN KRAMER WETLAND APPLICATION - LEAD AGENCY MOved by Trustee Kujawski seconded by Trustee Bednoski it was RESOLVED that the Southold TownTrustees declare itself lead agency in regard to the State Environmental Quality Review Act in the m~tter of the application of John Kramer for a wetland permit on certain property located an the west side of Manhanset Avenue south of Champlain Place, Greenport. 18.~ Vote of board: Ayes: Ail This resolution was declared duly adopted. 19. GARY DOROSKI WETLAND APPLICATION - LEAD AGENCY Moved by Trustee Smith seconded by Trustee Kujawski Whereas Gary Doroski applied for a variance under Section-i.00-32 for an accessory storage building in an area other than the required rearyard 53± feet from the high marsh and 31 feet from Monsell Lane, Cutchogue, and received conditional approval on February 2, 1985. Additionally he received New York State Department of Environmental Conservation approval for the same location on April 9,~!985, and on April 1, 1985 Local Law ~6 was filed with the Secretary of State. Whereas Mr. Doroski was ready to finalize his building permit application, which was originally filed September 21, 1984, and was referred back to the Z.B.A. and consequently to the Board of Trustees for Approval Now Therefore be it ..... ~ RESOLVED that the'T~wncT~ustees waiver the need of a wetland application in the matter of Gary Doroski. 19. Vote of Board: Ayes: All This resolution was declared duly adopted. 20. SET DATE FOR PUBLIC HEARINGS ON THE WETLAND APPLICATIONS Moved3_~y Trustee Bredemeyer seconded by Trustee Smith it was RESOLVED to set WEDNESDAY, ~AY 29, 1985 as the date for public hearings on the following applications for wetland permits: 8:00 P.M. - In the matter of the application of Edward McGurn on behalf of Reydon Shores Property Owners Association, Inc. 8:02 P.M. - In the matter of the application of John W. and Catherine Dempsey. %~ 8:04 P.M. In the matter of the application of Margaret White. --~8~06 P~. In the matter of the application of Louis Jahier. 20. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Town Trustees -14- May 1, 1985 21. PORT OF EGYPT ENT. AND C/L REALTY, INC. - LEAD AGENCY Moved by Trustee Bednoski 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 Port of Egypt Ent. and C&L Realty, Inc. for a wetland permit on certain property located east of Bay Home Road on Budds Pond, Southold. 21. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 22. HENRY P. SMITH AND ROBERT MOELLER - LEAD AGENCY Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED that thw Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter~'of the application of Henry P. Smith and Robert Moeller for a wetland permit on certain property located on Hobart and Wells Roads, Southold. 22. Vote of Board: Ayes: Bredemeyer, Kujawski, Bednoski Abstained: Smith 23. MAX MILLER Moved by Trustee Kujawski seconded by Trustee Bednoski WHEREAS, Max Miller applied to the Southold Town Trustees for a permit under the provisions of Chapter 32 of the Southold Town Code, and WHEREAS, the Trustees personally visited the site in question and further reviewed the application submitted, now, therefore be it RESOLVED, that Max Miller be granted permission to place one piling on the westerly side of his dock located at 425 Calves Neck Road, Southold, all in accordance with the application submitted. 23. Vote of Board: Ayes: Ail. This resolution was declared duly adopted. 24. TWIN FORK FENCE & SIDING CO. & SEBASTIANS COVE, LTD. -LEAD AGENCY 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 applicationof Sebastians Cove, Ltd. and Twin Fork Fence & Siding Co. for a wetland permit on certain property located on the North side of Mill Road, East of Mattituck channel, Mattituck. Board of Trustees -15- May 1, 1985 24. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 25 - JOHN KRAMER - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to declare lead agency in regard to the State Environmental Quality Review Act in the matter of the application of JohnKramer for a Wetland Permit on certain property located at Windjammer Drive, Southold. 25. Vote of BOard: Ayes: Ail This resolution was declared duly adopted. 26 ROBERT FREY - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Ku~awski it was RESOLVED to declare lead agency in regard tO the State Environmental Quality Review Act in the matter of the application of Robert Frey for a Wetland Permit on certain property located at Windjammer Drive, Harbor Lights, Southold. 26. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 27 - BRUCE ROMBOLI - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to declare lead agency in regard to the State Environmental Quality Review Act in the matter off.the application of Bruce Romboli for a Wetland Permit on certain property located at Windjammer Drive, Harbor Lights, Southold. 27. Vote of Board: Ayes: Ail This resolution was declared duly adopted. 28 - IRENE MOELLER - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to declare lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Irene Moelter submitted by Robert Moeller for a wetland permit on certain property located at 6430 Fleetwood Road, Cutchogue. Board of Trustees -16- May 1, 1985 28. Vote of Board: Ayes: Ail This resolution was declared duly adopted. The Board discussed the wavering of applications for wetland permits. Trustee Bredemeyer suggested that the Board may want to develop a prO~ure~an~ith~!~.~t~nd<~O~din~ce that the Board will not waiver anything unless an application is before the Board, or a letter.has been reviewed. This is something now that willoi~ay~to emerge, good or bad, Trustee Kujaw~ki stated he thought that a pre-submission letter may save some p~ple~ome~m~ne~. ~ T~ustee Kujawski stated that Debbie ShalveY has contacted him regarding the creek survey, which will move on eastward~this year. Trustee Smith s~gested that it may be helpful to Miss Shalvey to have someone in the Southold area to work with her. Moved by Trustee Kujawski seconded by Trustee Smith it was RESOLVED that when waivers are granted all fees will be refunded. Vote of Board: Ayes: All This resolution was declared duly adopted. Messrs. Mullen and Gray appeared before the Board regarding a proposal to dredge in the Lagoon in Cutchogue. The Board advised that an application should be submitted forZkeview and determination regarding the matter. Mr. Gerald Wells appeared before the Board regarding filling that was done in Mattituck, on property owned by the Lone Star Industries. Moved by Trustee Bredemeyer seconded by Trustee Ku~awski it was RESOLVED to Table the application of Michael Carlucci for one month, seeing that Mr. Carlucci would not be available for the meeting. Vote of Board: Ayes: All GRANDFATHER APPLICATIONS Moved by Trustee Ku]awski seconded by Trustee Bednoski i~owas RES~L~E~to~APRRO~E~he Grandfather Applications for the following: VENETIA MCKEIGHAN, fo~ a dock and ramp in Southold. JOHN C. W. CAMPBELL, for docks and spiles in Southold. ALFONSO MARTINEZ-FONTS, JR., for ramp, platform and floating dock in Cutchosue. VOTE OF BOARD: AYES: All Board of Trustees -17- May 1, 1985 There being no further business to:come before the Board a motion~was made by Trustee Kujawski and seconded by Trustee Bredemeyer to adjourn at 10:00 P.M. Vote of Board: Ayes: Ail This resolution was declared duly.adopted. Ilene Pfifferling, Secretary Board of Trustees DATE own C~erk, Tov~n of S~u[~ PUBLIC HEARING SOUTHOLD TOWN TRUSTEES MAY 1, 1985 8:00 P.M. IN THE MATTER OF THE APPLICATION ~2~9~BY JON C. KERBS FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. PRESENT: Trustee Henry P. Smith Trustee John Bredemeyer Trustee John Bednoski Trustee Frank Kujawski TRUSTEE SMITH: This is a hearing on the application~of Jon C. Kerbs for a Wetland Permit. Trustee Bredemeyer will read the notice. TRUSTEE BREDEMEYER: "Notic~ i~ ~reby given that public hearings will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York on Wednesday, May 1, 1985 on the following: 8:00 P.M. - In the matter of the application of JoncC. Kerbs to construct a fixed catwalk leading to a floating dock on property located on the South~Side of Riley Avenue, Mattituck. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: April 8, 1985, by order of Henry P. Smith, President, Board of Town Trustees I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas~ A~so~.f~om the Long ISland Traveler-Watchman, Barbara Forbes, and also an affidavit from the Secret~y~-t~the Trustees that it was posted on the bulletin board. I have a recommendation from the Conservation Advisory Council which reads as follows: "Resolved to recommend to the Town Trustees approval of the wetland application ~249 submitted by Jon C. Kerbs to construct fixed catwalk to floating dock for access to navigable wake. James Creek, Mattituck. Frank Cichanowicz, President, Conservation Advisory Council. Trustee Smith: I would like the secretary to read the letter from Katherine L. Luh~s, which is part of the file. Mr. Henry Smith, Chariman Board of Town Trustees Town of Southold Main Road Southold, New York Dear Mr. Smith: I am the ~ner of the house to the east of Mr. Jon Kerbs on Riley Ave., Mattituck. Mr. Kerbs has filed an application Public Hearing May 1, 1985 Jon C. Kerbs Pag~ '~ to construct a fixed Catwalk and floating dock on James Creek. I am hereby objecting to this project. According to the Short form Environmental Assessment Form filed with the application, question 8~asks "Will the project have a major effect on visual character of the community or scenic views or vistas to be important to the community?" I believe that an 80' catwalk and a 60' dock which leaves Mr. Kerbs property at the beginning of the catwalk and then runs across town property does have a major effect. This dock would completely block the view to the open body of water on James Creek. Question 11 of the Environmental Assessment Form asks "Will project result in major traffic problems or cause a major effect to existing transportation system?" The catwalk will completely block my access to James~Creek on the west side of the part of the creek not dredged in 1965. The dock will cut off the access on the east by 50 % and leave the shallowest part for my use. As far as I am concerned the answer should have been yes. Please note that my dock was constructed about 40 years ago when Mr. Kerbs property and my property were owned by Mr. Wm. Folkes and who divided the parcel in two. I feel that this project is completely out of character compared to any existing dock in James Creek. The need for a 60' dock completely baffles me. Does Mr. Kerbs plan to purchase a 60' boat? Even if not, if the property were sold and the dock were approved and constructed, the next owner could put a 60' boat right across the back of my property and completely block the view. Does Mr. Kerbs plan to provide docking space to each of the three rental units he has on this property or is he planning a mini-marina? I hope ahd pray that the board will not approve this project. Sincerely, Katherine L. Luhrs P.S. I am unable to appear at this hearing in person because I suffered a stroke in January and am not able to get around. TRUSTEE SMITH: Does anyone have anything to say in favor of this application? JON C. KERBS: As far as obstructing the view, I am going to keep it down low. One of the reasons I want to go to the side of the Island is so that it will not be high up in the air. I understand that it has to be kept three feet over the marshtand. I want to do this right. Any suggestions any one has or any changes I would be glad to do it. The marsh Island is right in the middle, I would like to go to the right ~of it not have to keep three feet over the marsh, which will keep everything low and will not obstruct the view. I just want to go out- all the docks to the right there are three docks to the west of me all are 80 ft. long. That is where I got the 80 ft. from the three adjoining properties~.to get out to navigable waters. There is nothing I want to do to harm Public Hearing May 1. 1985 Jon C. Kerbs Page 3 Mrs.. ~nh~ms. I want to go to.the side of the Island, the length of it, if you want to restrict me to the length of the Island, she can come in from this side (showing on a sketch) and get to that water. The dock actually if you look at the.way the property line is drawn comes down here and turns. That dock that she says is hers, is actually raine. Over the years, I have been there 11 years. Over that time I decided that before I bought it there was a catwalk to that dock from my property to that dock. From her property to that dock. Someone took it down before I closed on it. Rather:~than cause a problem I just l~t_her keep the dock. She has another 75 ft. on James Creek on the deep water. She can put another dock, she has 70 ft. where I am. Because of the way they dredged it I have to get out there. There is marsh land out on the other side. I don't want to go over marsh land. I want to go over shallow water. TRUSTEE KUJAWSKI: John do you need a 60 ft. float? MR. KERBS: A 50 ft. would be fine, and if I could be restricted by the length of the island. Not to go into anything else. The guy next to me has a 50 ft. dock. If I put two 20 ft. boats thats it. TRUSTEE KUJAWSKI: The only thing I am thinking of if you are going to hook a piling on one end, right? MR. KERBS: I've actually I have completely changed that. What I mean~to say is that I found out that 'I don't need that much S~er~-t~elve feet I want to put in 4 x 4's. TRUSTEE KUJAWSKI: I think you should keep it low. I ~ould like to see the dock, not any larger than any of your neighbors~docks. If the neighbors dock is 4~ ft. long, you better change something. I think you have a right to object when you increase the dock size. TRUSTEE SMITH: I WOuld like to have an accurate sketch of the dock. MR. KERBS: I'll sit down and draw a Sketch of it. TRUSTEE SMITH: or against this application? The hearing is now closed. AND FILED BY :'i~ SOUIH©LD TO%TN CLERK Town Cle~'k, Town o~ Southold Okay, does anyone have anything else to say for (No comment.) Ilene Pfifferling, Secretary Board of Town Trustees PUBLIC HEARING SOUTHOLD TOWN TRUSTEES MAY 1, 1985 8:01 P.M. IN THE MATTER OF THE APPLICATION $253 BY JOHN & CATHERINE DEMPSEY FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. PRESENT WERE: Trustee Henry P. Smith Trustee John Bredemeyer Trustee John Bednoski Trustee Fr~k Kujawski TRUSTEE SMITH: This is a hearing on the application of John & Catherine Dempsey for a wetland permit. Trustee Bredemeyer will you read the no~ice. TRUSTEE BREDEMEYER: "Notice is hereby given that public hearings will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New york on Wednesday, May 1, 1985 on the following: ~:01 P.M. - In the matter of the application of John & Catherine Dempsey to construct a timber dock consisting of a fixed elevated walkway, hinged ramp and float secured by pilings on property located at Haywaters Drive, Cutchogue. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: April 8, 1985, by order of Henry P. Smith, President, Board of Town Trustees I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Lon~ Island Traveler-Watchman, Barbara Forbes, and also an affidavit from the Secretary to the Trustees that it was posted on the bulletin board. I have a recommendation from the Conservation Advisory Council which reads as follows: "Resolved to recommend tO the Town Trustees approval of the wetland application $253 submitted by Mr. John & Catherine Dempsey providing the Catwalk be constructed to a height Df 2'6" above the reedgrass and a width of 3' because of the nature of the grasses. Frank Cichanowicz, President, Conservation Advisory Council." TRUSTEE SMITH: Are there any comments for this application? (No con~uent)? Are there any comments against the application? (No comment.) I would like to put in that the construction of the house is beyond the Trustees jurisdiction, u~der the~new wetland ordinance. MR. ROY HAJE:. May I have a clarification on that. Public Hearing May 1, 1985 - John & Catherine Dempsey It isn't really 75 feet from high water. High water is out. TRUSTEE SMITH: From the edge of the .... TRUSTEE KUJAWSKI: Our ordinance has been drafted to not of the marsh but high water, Is it beyond~i175 feet~of high water? MR. HAJE~I It is well beyond that. TRUSTEE KUJAWSKI: Then the amendment should not of been included. We knew that everyone could measure from water, but we didn't know if everyone could agree an what marsh to measure from. TRUSTEE SMITH: Are there any other comments? (No response.) Hearing no other comments, I close the hearing. [%ECEIVED AND FILED BY Tile SOUTHOLD TO%VN CLERK Ilene Pfifferli~g, Secretary PUBLIC HEARING SOUTHOLD TOWN TRUSTEES MAY 1, 1985 8:02 P.M. IN THE MATTER OF THE APPLICATION #251 submitted by En-Consultants Inc. on behalf of Kearnsport, Ltd. for a permit under the provisions of the wetland ordinance of the town of southold. Present: Trustee Henry P. Smith Trustee John Bednoski Trustee John Bredemeyer Trustee Frank Kujawski TRUSTEE SMITH: This is a hearing on the application of Kearnsport, Ltd. submitted by En-Consultants. Trustee Bredemeyer will you read the notice? TRUSTEE BREDEMEYER: "Notice is hereby given that public hearings will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York on Wednesday, May 1, 1985 on the following: 8:02 P.M. - In the matter of the application of Kearnsp~rt Ltd. submitted by En-Consultants, Inc. to install two similar docks consisting of a hinged ramp off the bulkhead, main floats with finger floats. Install floats along the bulkhead, to maintenance dredge to 10' below MLW, to use spoil for backfill and remainder to be removed to an upland site (Town Landfill) and to construct a new section of bulkhead across existing marine railway cutout and backfill. Raise elevation of existing bulkheads 95' by approximately 2' and add 20' return on the south side along Monsell Place on property located at Atlantic and Monsell Place, Greenport. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. Dated: April 8, 1985, by order of Henry P. Smith, President, Board of Town Trustees. I have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Long Island Traveler-Watchman, Barbara Forbes, and also an affidavit from ~he Secretary to the Trustees that it was posted on the bulletin board. I have a recommendation from the Conservation Advisory Council "Resolved to recommend to the Town Trustees approval of the wetland application #251 submitted by En-Consultants, Inc. on behalf of Kearnsport, Ltd~ to remove existing docks and install similar docks consisting of a ramp off bulkhead, floats, and to dredge, Greenport. Frank Cichanowicz, President, Conservation Advisory Council." Public Hearing - Kearnsport, Lts. Page 2. May 1, 1985 TRUSTEE SMITH: Does anyone wish to speak for or against.~his application? RUTH OLIVA: D~edge ten foot below MLW? Isn't that a little excessive? TRUSTEE SMITH: If you have a sailboat that draws seven feet? TRUSTEE KUJAWSKI: I think he is going by whats there. This is Sterling Basin and places like that, that have ten feet of water. The point is this is a sailboat. TRUSTEE SMITH: Thi~ is all marina. ROY HAJE: This will be for sailboats. A very small portion of the project is within the Town of Southold. TRUSTEE SMITH: is there any one else who wishes to come before the board regarding this application? No comment. Then I will close this hearing. Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary PUBLIC HEARING SOUTHOLD TOWN TRUSTEES May !,. 1985 8:03 P.M. IN THE MATTERQOF THE APPLICATIONOF MATTITUCK INLET MARINA SUBMITTED BY EN-CONSULTANTS, INC. FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. Present were: Trustee Henry P. Smith Trustee John Bredemeyer Trustee John Bednoski Trustee Frank Kujawski Secretary Ilene Pfifferling TRUSTEE SMITH: This is a hearing on the application of Mattituck Inlet Marina for a wetland permit. Trustee Kujawski will you read the notice? Trustee Kujawski: "Notice is hereby given that a_phb~ic~hea~ng will be held by the Town Trustees~of the Town of Southo~d at the~Southold Town Hall, Main Road, Southold, New York on Wednesday, May 1, 1985 on the following: 8:03 P.M. - In the matter of the application of Mattituck Inlet Marina submitted by En-Consultants, Inc. to replace within~!8" 36+ lin. ft. of existing sheet steel bulkhead and backfill with 10 cu. yds. of clean sand to be trucked in. Reshea%h 2S0 lin. ft. of existing timber bulkhead in same location and configuration. Backfill with 75+ cu. yds. of clean sand to be trucked in. Property located at Mill Road, Mattituck. Ail persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. We have proof of publication that it was published in the Suffolk Times, signed by Anna Lekkas. Also from the Long Island Traveler-Watchman, Barbara For es, and also an affidavit from the Secretary to the Trustees that it was posted on the Bulletin Board. We have recommendations-~from the Conservation Advisory Council "Resolved to recommend to the Town Trustees approval of the wetland application $248 submitted by En-Consultants, Inc. on behalf of Mattituck Inlet Marina to replace bulkhead and backfill. Signed Frank Cichanowicz, President. Trustee Smith: Is there anyone who wishes to speak on behalf of this application? ROY HAJE: This project is a replacement and reconstruction of existing structures. We have gotten approvals from the Core of Engineers. Public Hearing - Matttiuck Inlet Marina May 1, 1985 Page 2. TRUSTEE SMITH: Are there any other comments for or against this application? No comment. Then I will close this hearing. ~.~r~tv~r) AND FILED BY THE $OUTHO~ TOYfN Henry P. Smith, President Board of Town Trustees Iiene P fi f fer~i~, Secretary PUBLIC HEARING SOUTHOLD TOWN TRUSTEES _~May 1, 1985 8:04 P.M. IN THE MATTER OF THE APPLICATION O~ PETER NEYLAND TO MAINTENANCE DREDGE ALONG THE BULKHEAD TO A DEPTH OF 4' BELOW MLW AND TRUCK AWAY SPOIL CONSISTING OF 50 CU. YDS. OF SAND AND SILT ON PROPERTY LOCATED AT CEDAR LANE, GARDINERS BAY ESTATES, EAST MARION ON SPRING POND. TRUSTEE SMITH: This is a hearing on the application of Peter Neyland for a Wetland Permit. Trustee Bredemeyer will you read the notice. TRUSTEE BREDEMEYER: "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 Wednesday, May 1, 1985 on the following: 8:04 P.M. - In the matter of the application of Peter Neyland to maintenance dredge along the bulkhead to a depth of 4' below MLW and truck away spoil consisting of 50 cu. yds. of sand and silt on property located at Cedar Lane, Gardiner Bay Estates, East Marion on Spring Pond. All persons interested~in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. We have proof of publication that..it was published in the Suffolk-Times, signed by Anna Lekkas. Also from the Long Island Traveler-Watchman, Barbara Forves, and also an affidavit from the Secretary to the Trustees that it was posted on the Bulletin Board. We have recommendations from the Conservation Advisory Council "Resolved to recommend to the Town Trustees approval of the wetland application #252 submitted by Peter T. Neyland to maintenance dredge, East Marion. Signed Frank Cichanowicz, Pres. Trustee Smith: against this application? hearing. ECi' IVED AN' 3 FILED BY ,~'.~ $OUTF~OLD TOV~ C~ there any one who wishes to speak for or No comment. Then I will close this Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary