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HomeMy WebLinkAboutTR-02/06/1980 388 · ~: A ~g~la~ meeting 6fiChe Bd~rd of Town Trustees ~as-.:held at 7:30 We~nesd&y, February 6, 1980 at the-Town' Hall,'Mai~ Road, Southold~ New York. Prese~ere: ~ · ~' Trustee President Anna T.~ Hataier ~ '~ c~ Trustee Frank A. Kujawski~ Jr. Trustee Henry P. Smith ' Trustee Halsey A. Staples Trustee Paul ~toutenbu~gh -~ ~ ~ Lor~ineCTer~, NorthcFork Envirbn~ental~Cou~cit ~- ~ ....... Roberta Sinott, Leagu~ of-Women Voters :~' -: ' ~ ~ ' ~ ..... Mike Stahl, Suffolk Times Jarvis Veri~y~and?Mr.'Hal!~ha~iBaymen's 'Assbci~ion ~ - On motion made by President. Hataier, seconded bY Trustee Smith, it was .RESOLVED to approve the application of North Fork Equit,ies, Inc. to construct a timber:ca~ik~to bridge a.non-navigable waterway for access from upland to beach at private property of the applicant at Gull's Pond~ subject'to the following conditions: 1. Receipt of copy f contract conta~n~ng'the specifications which were unavailable at the time of the application. '--'-' f- .... ; - '2.' ~onstructfon date.- 3. The catwalk is to be placed three feet above the grass. Vote of the Board: Ayes: Hataier~ Kujawski~ ~ith, Staples, Stoute~urgh On mo~ion made by President Hataier, secOnded by Trustee Staples, it was RESOLVED to deny without prejudice to future applications the applications of Margaret Braatz to construct a 78 foot timber bulkhead and dredge approximately 150 cubic yards of sand to be placed behind bulkhead at private property of the applicant at Wunneweta Pond, Nassau Point, Cutchogue. Vote of the Board: Ayes: Hataier~ Kujawski~ Smith~ Staples Abstain: Stoutenburgh Mr. Stoutenburgh abstained because he knows Mrs. Braatz very well. Mr. Gardner, adjoining property owner, and Abigail Wickham,-attorney for Mrs. Braatz appeared at this meeting. Mr.~.~Gardner spoke in ~favor ofT~he appt'ication and there was conversation back andforth with the board. Mr. KujaWski explained that there are three applications. In January~ the Board of Town Trustees recommended denial of the wetlands application and the other two applications were tabled and it was indicated to the attorney representing Mrs. Braatz that the Board would be agreeable to meeting with Mrs. Braatz to reach a solution that would meet her needs. Mr. John Costello~ marine contractor~ asked what alternatives the Board would consider. Among those offered were a floating dock and a possible combined use with Mr. Gardner. 389 At the regular meeting held in.January, a resolution was passed increasing the fee for dredging to $2.00 a cubic yard. There'was a contingent.~at the meeting to discuss this change. Among them were Thomas Samuels of Rambo, Inc., Jun Glover, John Costello, Terry Latham, Bill Bd~c~!a, Dav£d Strong, David ' Hogan, Shirley Crocker, Frank' C~stello of Ulrich Marine~ Mike Stahl of Boatmen's~ Harbor, A1 Vaneen (?) of.Matt-A-Mar. Dr. Samuels complained that the increase was not on the-agenda of the board for that particular meeting so that"there was no advance notice given. He has no objection t~the charge if someone' builds a bulkhead and dredges in order to get fill and he is getting value fr~ the town bottom. If fill is being removed to maintain navigable waters', he objects. Mr. David Hogan complained about the newspaper reports and also stated that he felt' South01d did not have t~ follow what Southampton.does~anH should set its ~wn preced~ntwit~ ire $2.00 charge. :'H& felt the town-Supported the action in January.- Mrs. Shi'rley Crocker s-tated-she had attended:the meeting in January and it wasn't her impression that the town supported 'the a6tio~.'~ She said there hadn't been enough discussion on the matter. Mr. Frank Costello asked if the material was removed from pr'irate property was there a charge and if you remove state land from your own private property was there a charge. The answer was i~'the'negative to both inquiries. Mr. Staples remarked that-the charge for bankrun is $3 a yard~ In Answer~ Mr. Frank Cost:clio said for '75¢ a yard you can iii1 your truck at the dump. Jarvi's Verity, p~esident~of the Baymen~s Association, made ~so~e statementsabo~t clams and ~heir value and was in accord 'with 'the $2 6harje- f~ "order '~0. sa~e ~he' Creeks.: Comment~'-.we~e~lso made' that dredge spoil is not salable spoil for a long period of time as a · general~ rule. It was also mentioned that line cra~e work is somewhere around $1.50 to $2 a yard depending on the ~job and the quality of the material, Permit costs are about $250 to $750. More costs were explained in order to justify the cost'being lowered to no more tha~-$I. Mr. Stoutenburgh Said~'if the Board finds'this i~ a financial hardship he-will make the motio~ to reduce the amount. He said he felt all the board would agree to this. No one voiced an objection. Mr. David Strong Of Strong's Marina feels the fee is too high for maintenance dredging. He wanted to know who determines who owms what washes in over the cree~ bottom./ He also,questioned, a wetlands' permit for main~nan6~, dredging of g~rivate marina-bottom. CThe Board will' try to correct this' procedure fok {he fu't~re. ~rl Howard Zehner stated that in'brder to bring ' boats into Yo~ng's Marina he- has to:dredge the town creek and put it o~ his own propertyl Dr.,-Samuels a~ked if the $2: fee was a unanimous decision and the answer was yes. Dr. Samuels said at the las~ meetmng it wa~'understood that ' the Southampt0~ ~own fee is $2 When it is actuall~"$1. He-requested a:vote to see if there would be a change as a result'of the misinformation at the last meeting. Mr. Hogan felt the Board should stay with its original determination as there has not been overwhelming opposition from the people in Southold. In fact,.the only opposition has been, .fr°m marine~ contractors and ,Private.~ marina owners. Mr.~Vaneen of Matt-A-Ma:r asked if m~i~6enance dredging~is performed and the fill i~ used 'dh the property is the fee applied. The answer was in the affir~ative~:'"Mr. John'Costell6 asked if'~h~ :Board had c0nsidered~a spoil area for depositing the spo~t~ This has not been considered but would'be when the need arises. Mr. Kujawski felt setting up--an area would encourage dredging work. The Board did not change their resolution of the January meeting. On motion made by President Hataier~ seconded by Trustee Staples, it was RESOLVED ~o approve the application of Thomas S. Btankle~y to maintenance dredge approximately 20 cubic yards of material from an area 20 feet by 20 feet in front of private property of the applicant a{ Jockey Creek. 390 ' - Vote of .the Board: Ayes: Hataier, Kujawski, Smith, Staples · _ ~No: Stout~nbu rgh Mr. Stoutenburgh stated .that hi~ action was based on the fact he doesn't think it is necessary as the ~pplicant has been able to get his boatin and out. He feels this is very valuable property. Terry Latha~' contractor, said this was a spot missed_ wh~_the dredging was done several years ago. Mr. Stoutenburgh maintained his "no'[.vote. Matt-A-Mas. Mr. A1 Vaneen was present. The Board read~a'letter ~rom Agarabe pertaining to a~y future dredging .and is sti'll not'happy with the wor~g~. ~[op7 of the condition for approy~l ~ill be ~f~rwarded tO both Dr. AgaKabe?nd M~'~ 'Van~e~.' ~.. ~ ~ . .: Trustee Stoutenburgh made'~ motion to.approv~ the application for a dodk ofFrank Pileski with the condition that the names listed as persons with an interest in the right-of-way be checked-out to determine if they are the proper, signa.tures of owners in the area. President Hataier seconded themotion and it was carried. Mrs..Hataier will check the names OUt. ' ' ~' ~ " Trustee Stoutenburgh made a.motion, seconded by Trustee Kujaws[i'~and carried to approve the minutes of the special meeting 6f'DecemBer 18, 1979. Discus~ipn was,he~d regarding the Riverhead Town Bay C0ns~rvati6h:Assn. request for,:the leasm.of'_.i~nd in .the bay to transplant polluted clams. There has.~en discussion with the Southold Town Baymen's ~ssn. ~eg~rd~ng this mgtter. The Baymen do not want to be precluded from scalloping:~, the area. A letter shou%d be arriving from Riverhead and after 'this letter is received the Southold Town Baymen!s president or Mr.-Hallahan will ~elt back to the trustees. Rive~head wants:the backing of the Town Trust'ees i~_!its quest. President Hataier ,~reported that .she had met with Councilmen DrUm~ Murdock and Nickles for an,inspection of the mouths of town creeks in an effort to designate~dredging priorities at the request of the Suffolk~County Public ~o~s..,Dept.: The qguqciI~e~are members of the Inland WaterWays Committee .of the Town Board and will make a report to the County° The following was the list provided by CouncilmanMurdock who attended'the Trustees' meeting. Critical and Essential Dred$ing Pro3ects~ January 1980 Location Condition New Suffolk, Town ramp~ bay entrance Closed Mattituck, Deep Hole Creek, b~y entrance 90% closed-reduced tidal flow Southotd, Cedar Beac~ C~eek~ bay entrance Dredging not completed 1979 Peconic~ Goldsmith Inlet, L. I. Sound 90% closed 391 Non-critical Dredging Projects, January 1.98__0 Location ..~ · ~ :Condition Southold, Mill Creekf channel entrance~ Dredging not.completed 1979 Peconic, Richmond Creek, bay entrJnCe &~'channel ~ 30% 'closed, shoaling - '~ Laurel, James Creek, Inner & outer channel Mattituck, Halls Creek, Bay entrance Cutchogue, Little Creek, bay entrance Cutchogue, West Creek~ inner entrance Cutchogue~ Downs Creek, inner entrance Shoaling-limited use small~:county~dredge in t979' 50% closed - shoaling ~ county contract, dcedged 1979 Trustee Kujawski questioned Councilman Murdock on why a committee.from the Town Board makes the decisions rather than the Trustees who have.jurisdiction over the tox~-abottomlands. Councilman Murdock said the committee has to recommend to the County. Trustee Kujawski felt it would,be logical for the Trustees to make the determination. When a-sked by Trustee Kujawski.if he would be in favor of the trustees doing this~ Councilman Murdock answered that he did not know whether it is a functi6n'properly done b~ the t~ustees. President Hataier said she would approach the Town Board for an answer to this. ~ ~- On motion made by President Hataier~'~Seconded by Trustee Kujawski~ it was RESOLVED to approve the application of Diane Gazza to install a.ftoating dock and catwalk over wetlands at property ,located at 'dedar Beach, Southold, with the condition that the width of the catwalk be decreased from five feet to three feet. Vote of ~the':Board.'-- Ayes. Hataie'r~ Kujawski~ ' Smith, Staples ~ Stoutenhurgh On motion me'de by President Hataier, seconded by Trustee Kujawski~ it was RESOLVED-to:~ecommend ~to the Southold Town Board.approval of :the wetlands application $~45 ~f Diane Gazza. to install a .floating dock and catwalk over '~ wetlands a.t property located, a-t Cedar Beach~ South01d, with the condition that the width of the catwalk be decreased from five feet to three feet. Vote of the Board: Ayes: Hataier, Kujawski, Smith~ Staples, Stoutenburgh Mr. Frank Costello of Ulrich Marine questioned the Board on whether a wetlands application is necessary when one is dredging the middle of a private marina for maintenance. President Hataier will make inquiries as to whether the Town Trustees have the power to make the decision as to whether wetlands are' involved. President Hataier reported a meeting regarding East Road with Town Attorney Robert Tasker. Mr. Tasker told Mrs. Hataier that he felt something could be worked out. President Hataier will be setting up a meeting with Mr. Glover's attorney~ the Fleet's Neck Property Owners attorney, Town Attorney Tasker and herself in the near future. 392 Pgesident Hataier made a .... moti~{0 app~0v~ the following'~6bring-~ _ .... ,~ renewals for the month of~March pending receipt of the $5 fee.~ T~ustee Stoutenburgh seconded the motion and it was carried., ..... Wilbur E. Baldwin Peter L. Berdinka~ Edith~D. CharkowL Robert Cooper Paul Go Edwards George Garhe John P. Grimes Peter~V. Izzo ~ <Almet R. Latson Rix R. McD~vid JosephJ. Melly~ Jr. Wil%iam~Norris. ~,~. ~ . ~JockDy Victor Os~ting Mario Pisciotta, Robert Rotkman Russell A. Stassen Isabel Ziegler John Sammfs. David-M~Johnson ~_,:An~ony Bracco~_ Philip Montgomery Reginald F. Tuthill ,Rene. Gendron Haywaters Mattituck Mattituck Gull Pond James Gull Pond Little Little Town ~oose '. Gull Pond Little Jockey East Gull Pond --DeepHole Core¥ ~.- ~ ~,~ ~oose . James ~Orient .... Town President-Hataier made ~.motion to approve the minutes' of Janua%y 2~. 1980. Trustee Staples seconded the motion and it was carried. Mr. Stoutenburgh.requested that. the minutes be changed to read that he was'..a "prime mover" in creating the Town Wetland Ordinance rather than "instrumental". He also wanted the wording that he "would not be absent" if he wgre elected president changed to he "would be available". He felt this inferred that he had been absent from meetings when ,in fact he had not. In response to a request for assistance from the Goose Bay Property Owners Assn. for its dredging project~ President Hataier said she would meet with the Town Board and request that they answer the letter and offer some assistance.to these people. _ . . --- Councilman Murdock reportgd that the request of the Town Trustees that the Bay Constable be given time off from his regular job to attend the monthly meetings of the Trustees had been referred to the Chief of Police who is the Bay Constable's department head. In regard to the property acquisition at Narrow River, this matter has been referred by the Town Board to the Department of Environmental Control asking their advice on whether the town should acquire this parcel or what use they recommend. 393 President Hataier didn't have anything to report at this time on the possibility of maintenance bonds for large projects. Mr. Hallahan of the Southold To~ Baymen's Association reported that he and Ja~zis Verity would be meeting with the new bay constable and the chief of police to tell them what will be pertinent to the bay constable to look at that hasn't been taken care of in past years. They will report back about the results of the meeting. There being no further business to come before the Board~ Trustee Kujawski made a motion~ seconded by Trustee Stoutenburgh and carried to adjourn the meeting. Meeting adjourned at 9:45 p.m. Respectfully s~bmitted, Muriel Tolman, Clerk