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HomeMy WebLinkAboutTR-04/26/1984BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 ;Main Road P.O. Box 728 Southold, New York 11971 April 26, 1984 TELEPHONE t516) 765-1892 MINUTES-REGULAR MEETING 7:30 P.M. The regular meeting of the Board of Town Trustees was held on Thursday, April 26, 1984 at the Town Hall, Main Road, Soufihold. Present were: Absent: President Henry P. Smith Vice-President Jean Cochran Trustee Frank Kujawski Trustee John Bredemeyer Ilene Pfiff~rling, Secretary Trustee Bednoski President Smith called the meeting to order. On motion made by Trustee Cochran seconded by Trustee Bredemeyer and carried it was RESOLVED to APPROVE the minutes of the March 29, 1984 meeting. Vote of Board: Ayes: ALL On motion made by Trustee John Bredemeyer seconded by Trustee Cochran and carried it was RESOLVED to APPROVE the mooring renewal permits for the month of June Vote of Board: Ayes: ALL On motion made by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED that the date-,for the next regular meeting of this Board will be held on Thursday, May 24, 1984, at 7:30 P.M. Inspections will be made on Wednesday, May 23, 1984. Vote of Board: Ayes: ALL ALVAH JR.., BRUCE, & ALLEN GOLDSMITH On motion made by Trustee Kujawski seconded by Trustee Cochran Page 2. Board of Trustees April 26, 1984 it was RESOLVED to APPROVE the application SUbmitted by Alvah, Jr., Bruce & Allen Goldsmith to construct approximately 75 lin. ft. of bulkhead directly in front of exiSting bulkhead in Town Creek, Southold, with the provision that, in the future, re- placement is done in place. Vote of Board: Ayes: ALL ALVAH JR., BRUCE, & ALLEN GOLDSMITH-WETLAND APPLICATION ~194 On motion made by Trustee Kujawski seconded by Trustee Cochran it was RESOLVED to recommend to the Town Board APPROVAL of the Wetland Application ~193 submitted by Alvah Jr., Bruce, & Allan Goldsmith to construct approximately 75 lin~. ft. of bulkhead directly in front of existing bulkhead in Town Creek, Southold, with the provision that, in the future, replacement is done in place. Vote of Board: Ayes: ALL FRANCIS PERRONE, M.D. On motion made by Trustee Cochran seconded by Trustee Bredemeyer it was RESOLVED to TABLE the application of Francis Perrone, M.D., to construct a catwalk, ramp and floating dock at Gids Island, Orient for one month until Mr. Gould forwards a l'etter, stating that he is withdrawing the application. Vote of Board: Ayes: ALL FRANCIS PERRONE, M.D.-WETLAND APPLICATION ~192 On motion made by Trustee Cochran seconded by Trustee Bredemeyer it was RESOLVED to recommend to the Town Board to TABLE the Wetland Application #192 for Francis Perrone, M.D. to construct a catwalk, ra~p and floating dock at G~ids Island, Orient for one month until Mr. Gould forwards a letter, stating that he is with- drawing the application. Vote of Board: Ayes: ALL Mr~ Stanley Gould appeared before t~he Board on behalf of Dr. Perrone, and stated that the Dept. of Health tabled it's hearing pending the final decision of the D.E.C.., ~M~ Gould wa~ ~dvised~.~a~the D.E.C. had a freeze on the project because the Dept. of Acquisition was interested in acquiring Gid~s Island. Mr. Gould stated that it was not certain that they would acquire the land, but Ghat it had a high priority. MATTITUCK INLET MARINA On motion made by Trustee Kujawski seconded by Trustee Cochran it was RESOLVED to APPROVE the application of Mattituck Inlet Marina to construct a steel bulkhead (90±lf.) 18" in front of existing bulk- head in Mattituck, and to backfill with clean sand to be trucked in from commercial upland source, all in accordance with application originally submitted. '- V~-%~ ~-B~0~d: Ayes: ALL ROBERT BLEIMILLER On motion made by Trustee Kujawski seconded by Trustee Bredemeyer it Page 3. Board of Trustees April 26, 1984 was RESOLVED to APPROVE the application of Robert Bleimiller to secure an offshore mooring in Deep Hole Creek,with access from private property, with the prOVision that the boat does not swing into any other boast or impede navigation. Vote of Board: Ayes: ALL CHARLES J. GALLIGAN On motion made by Trustee Ku~awski seconded by Trustee Cochran it was RESOLVED to APPROVE the application of Charles J. Galligan to place an offshore mooring, with access from private property, in Mattituck Creek, with the provision that the boat does not swing into any other boat or impede .navigatIon. Vote of Board: Ayes: ALL EDWARD QUINTIERI AND RICHARD PULCINI On motion made by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED to DENY without prejudice the application of Edward Quintieri and Richard Pulcini, submitted by The Land Use Company, to install 66' of timber bulkhead and two 10' returns along the MHW line of James Creek. Area seaward of the proposed structure will be planted with Spartina alterniflora as to prevent toe ~.¢our and reduce further erosion. Bulkhead will be backfilled with 50 cy. of sand. Vote of Board: Ayes: ALL EDWARD QUINTIERI AND RICHARD PULCINI-WETLAND APPLICATION ~195 On motion made by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED to recommend to the Town Board to DENY, without prejudice, the application of Edward Quintieri and Richard Pulcini, submitted by The Land Use Company, to install 66' of timber bulkhead and two returns along the MHW ~ine of James Creek. Area~seaward of the proposed structure will be planted with Spartina alterinflora as to prevent toe scour and reduce further erosion. Bulkhead will be backfilled with 50 cy. of sand. Vote of Board: Ayes: ALL The .above referenced application was denied because of the destruction that was done there, to the Wetlands, and the'little bit of Wet- lands that is still present. The Trustees asked the secretary to check to see if there is a permit for a dock, at this location. They thought there might be a possible violation on the doCk. HARRIETGAMPER On motion made by Trustee Smith seconded by Trustee Cochran, it was RESOLVED to approve the application of Harriet Gamper to place an offshore mooring in Jockey~Creek, Southold, access from private property, with the provision that the boat does not swing into any other boat or impede navigation. Vote of Board: Ayes: ALL Page 4. Board of Trustees April 26, 1984 TERRY C. NAGY On motion made by Trustee Smith, seconded by Trustee Bredemeyer it was RESOLVED to DENY, without prejudice, the application of Terry C. Nagy, to place a mooring in Town Creek, Southold. Vote of. Board: Ayes: ALL Trustee Smith indicated that he had requested additional information from Mr. Nagy, which he had not submitted to the Board. In view of that, the abov~rreferenced resolution was adopted. JOHN P. KOWALSKI-WETLAND APPLICATION ~196 On motion made by Trustee Cochran seconded by Trustee Kujawski it was RESOLVED to recommend to the Town Board APPROVAL of the Wetland Application ~196 for John P. Kowalski to construct a nature walk in a stream from James Creek, Mattituck, all in accordance with the application submitted, with the provision that the structure is moved over to the west and to hug the bank, therefore he would not diminish the right of a voat to go through the creek up further to the east. Vote of Board: Ayes: ALL There was discussion on the above-referenced application. The Trustees felt that that there would'nt be a problem with the wetlands. Mr. Kowalski agreed to move the structure over, there is an ox-bow there, it goes into a slightly narrow width where he origionally staked it and he is approximately 35' off his west plot line now and he was concerned that the Trustees would not let him go any closer than that, to the boundary line. In talking with Mr~ Kowalski the Trustees indicated to go a little more to the weSterly direction, and hugging the bank more, therefore not to diminish the right of a boat to go through %he creek up further to the east. The Trustees questioned a structure, for a person named~obert. T~e secretary advised that this person had applied for a permit, which was granted over a year ago. JOSEPH KELLETT, JR. On motion made by Trustee Cochran seconded by Trustee Kujawski it was RESOLVED to APPROVE the application of Joseph Kellett, Jr. to place an offshore mooring in Corey Creek, Southotd, with the provision that the boat does not swing into any other boat or impede navigation. ( access is from private property.) Vote of Board: Ayes: All CHESTER DICKERSON-WETLAND APPLICATION #197 On motion made by Trustee Kujawski seconded by Trustee Cochran it was RESOLVED to recommend to the Town Board APPROVAL of the Wetland Application ~197 for Chester Dickerson to repair an~existing bulkhead and backfill, in Peconic Bay, Southotd, all in accordance with the application submitted. Vote of Board: Ayes: All Page 5. Board of Trustees April 26, 1984 STEPHEN KING On motion made by Trustee Cochran seconded by Trustee Kujawski it was RESOLVED. to APPROVE the application of Stephen King to secure a permit for a dock, in Deep Hole Creek, under the Grandfather Clause. Vote of Board: Ayes: All There was a discussion on this application, regarding the sizes of the dock that were submitted. The survey card indicated a 2.5 x 20'catwalk, 2 x 8 ramp'and 3' x 10 float with 2 spites. Trustee Kujawski indicated to go by the survey card, for the sizes that would be approved. CLARA A. BJERKNES On motion made by Trustee Cochran seconded by Trustee Ku3awski it was RESOLVED to APPROVE the application of Clara A. Bjerknes to secure a permit for a dock in Tow~ Creek, Southold, all in accordance with the application s~bmitted. Vote of Board: Ayes: ALL ROBERT KAPLAN On motion made by Trustee Cochran s~conded by Trustee Kujawski it was RESOLVED to APPROVE the application of Robert Kaplan to secure a permit for a Dock in Cedar Beach Creek, Southold, all in accordance with the application submitted. Vote of Board: Ayes: ALL On motion made by Trustee Bredemeyer seconded by Trustee Cochran and carried to recess for five minutes. Meeting resumed at 8:20 P.M. The following letter was submitted by the ~own Attorney. at the request of the Town Trustees to determine their jurisdiction in Hallocks Bay al~~e' ~s bordering~ the State Park Prop~r~y. Dear Henry: In your letter of April 5, 1984 you requested that I advise the Board of Trustees a.s to their along the waters bordering the Stat Under the Andros Patent, the 5 title to all creeks and inland wat~ This, in my opinion, would include that the State of New York when it by condemnation may have also acqu~ water lands adjacent to the park p~ can be definitely determined is to urisdiction in Hallocks Bay e Park property. own of Southold was granted rways in the Town of Southold. Hallocks Bay. However, I believe acquired the State Park property red title to some of the under- operty. The only way that this have a title search conducted to cquisition many years ago. asce%%~in"the extent of the State s If you wish such a title search conducted, please advise me and I will have a title company do the search at the expense of the Trustees. Yours very truly, Robert W. Tasker Page 6. Board of Trustees April 26, 1984 There was discussion held on the aforementioned letter. Mrs. Ruth Oliva stated that she has a copy of the Deed for the Orient State Park. Trustee Smith suggested that if Mrs. Oliva could give the copy, to the-secreta~of~the~bo~d,~ it~could be forwarded to the Town Attorne~ for his interpertation, to make some determination on what the State Park is claiming. The Trustees could proceed from there. A letter will be forwarded to the Town Board requesting to meet with them, to discuss several items including: The Scallop Bag, Request for funds, for the purpose of having a title~.sear~ch con- ducted to ascertain the extent of the State acquisition, of State Park Property, in Hallocks Bay~ Councilman Stoutenburg's request for an estimate of the boat traffic in Brushes and Deep Ho!.e Creeks, and the proposed local law to authorize the Trustees to issue wetland permits. Trustee Smith spoke about the bulkhead, of Mr. Israel, in Gull. Pond. There is no permit on file.for this structure. Trustee Smith stated that the Trustees have to do something about these violations. He thought, if it were possible, to have the persons property assessed, at his expense and find out what the fair market value i~nd the increase of square footage is part of the fine. There would have to be a charge for the illegal bulkhead also. The trustees would have to check with the_Town Attorney, in reference to this matter. The Trustees would like to request permission from the Town Board to set up a meeting with the Town Planner, in reference to the Bulkhead replacements. The following letter was received from Mr. Paul M. Berq~ Dear Sirs: I~ sp~aiing ~ith neighbors and. others .who live on creeks in this town I find there are numerous complaints abouZ., commercial fisherman taking shellfish from their waterfront. Of course this is perfectly legal at present. However, many of us would like to see a law passed that would like to see it necessary for those after shellfish to obtain permission from the property owner before their license would give them permission to.take the fish. Much in the same way that a deer hunter must obtain permission from a deer hunter must obtain permission from a landowner, to hunt on his property. This law could be written so that it would only apply to shoreline within 100. yards of a dwelling. Please consider and thank you. Paul M. Berg Trustee Smith advised that a letter will be sent, to~Mr. Berg advising him that anyone- ~n the Town is permitted to take shellfish with a shellfish Permit in-Town Waters, from the' high ~water mark out-~(~ into the water. This is not private property. Page 7. Board of Trustees April 26, 1984 Trustee Smith advised the secretary to send a letter to Mrs. Lee Conte, President of the Cedar Beach Park Association, asking if_Mr. Roberts has removed his dock structure from the water in Cedar Beach Creek. A letter is to be sent to Mr. Kreh~ advising him that the Trustees will reinspect ~he site, on May 23, 1984, in regard to this application for work in James Creek. On motion made by Trustee Kujawski seconded by Trustee Cochran it was RESOLVED to recommend to the Town Board to Table the Wetland Application of James Kreh, to replace a 5'x30' floating'dock and a 3'x12' ramp and to dredge ~n James Creek. The Trustees will reinspect the site, on May 23, 1984. Vote of Board: Ayes: ALL A letter will be sent to Miss Cynthia ~ietz advising her that the Trustees would welcome her presentation on Mariculture Technologies, after a regular meeting of the Board. On motion made by Trustee Smith seconded by Trustee Cochran and Carried it was RESOLVED to approve the request of Mr- James Bitses for an extention on his permit no. 1619. His new expiration date will be Dec. 13, 1984. Vote of Board: Ayes: ALL Trustee Smith reported that "_ ~ ir' h ~alled him, and stated that he could not attend the meeting tonight, but that he would like to ha~e it recorded into the record that he is opposed to the dock that Mr. Knoeller is constructing, and that he is going to hire a surveyor to determine where his boundaries, in the water are. A letter will be sent to.Mr. Knoeller, along wi~h his permit asking him that when he puts his dock in, that he keep i% to the Simeoni side of the property, but no closer than fifteen feet to the property line. He will be asked to keep the floating dock as tight to the meadow line, without the dock floating or resting on the meadow line, at low tide. On motion made by Trustee Kujawski seconded by Trustee Cochran and carried it was RESOLVED that th~s meeting be and hereby is adjourned at 9:30 P.M. there being no further business to come before the Board. Vote of Board: Ayes: ALL Ilene Pfifferling Secretary to Board