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Home My WebLink AboutTR-6900A . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE.CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE _ Pre-construction, hay bale line L1 st day of construction Y:z constructed ~ Project complete, compliance inspection. . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 6900A Date of Receipt of Application: May 16, 2008 Applicant: Gustave J. Wade SCTM#: 110-7-28 Project Location: 1024 East Road, Cutchogue Date of Resolutionllssuance: June 18, 2008 Date of Expiration: June 18, 2010 Reviewed by: Board of Trustees Project Description: Remove approximately 48 Locust trees, approximately 150 Poison Ivy vines and place on the surface 3" of natural non-dyed/non-treated wood chips including woodchips made from the removed Locust trees, the placement of the woodchips is to be limited to the area of the existing piling footprint. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the site plan prepared by Gustave J. Wade, received on May 16, 2008. Special Conditions: A bond must be posted for access through Town of Southold property prior to any work beginning; the Board of Trustees must be notified of the date the work will begin; no vehicular traffic is permitted with the exception of a small excavator; this permit is for the removal of Locust trees and Poison Ivy vines only, removal of any other trees/vegetation (i.e. Cedar, Bayberry, Cherry, Oak, Rugosa Rose, Wild Rose) will be considered a violation of this permit and may result in a summons and will require a further review by the Board of Trustees. Inspections: First day of activity inspection & final inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the South old Town Code, a Wetland Permit will be required. This is not a determination from any other agency. /:::;: :t.o, Board of Trustees JFK:eac , James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. . . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: G~J:-6J~ Please be advised that your application dated ma.~ /0,.;leeR) has been reviewed by this Board at the regular meeting 0 ,Tu.n"" J ~ ,;lO:i~ and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) ..L 1st Day of Construction ($50.00) % Constructed ($50.00) VFinallnspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: ClO TOTAL FEES DUE: $ J 00 ~ BY: James F. King, President Board of Trustees i ~ \J\ ~ . Pi! . 4! 6 ') '0 '^ J ~ ~....~.:.. . ~~~~""':".I ~~:;t_~~:~~-.s!~ t ~ ~\~i" ...'\.. -. "TJ:..~" I .. '0. ,. , ,~: . . I r- MAPQ~ PROPEl?TY :5U~Ya;1 FQf<. GUS..~\tJADE ,t,T Q.ri~HOGOE - '1DW'J,jQf~I;H.D.,~Y. i I I I I I I I ! l I -~ \ ~ r--- \ ? /~ . ./ 6 ,/1...1.- ;' ,'.. 0' <\" l o.(bJ <J) / / / -.. --'E'(y::..'.::" -. '-:,,0'0 .------.- ------ - - 02.DINA(t;Y ;: -. ~ -- / A' ..- ..- <, / ...-'" '... _..I ~ / / ~ , , / S:~ Y'(J.... fly, / 0(0 /. .$ ( ".!~.,~~ .~ ,,~r . " '-'- " ,-- ~_: : J /'"-- '-.-..-. / " ~ / C)/ Y y oP ./ \" / ,/ /./ 1'0'"",/... 8 -', ,/ \ Dt~~-i..Jf-~ ~_Ei~5\IA'TLg}j;': ~~~!':J.,::tP;..Jc.2::~: , \~ . 0 '~ v_ j.'\t " ~_r-. ~r~ \\1\ ~ i--f. W, ." . 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" I: /3 -I~~;h;~~;.:.v f~~:,:i~~.;;i~.'~ ~("'-''';.;.r, .Jli &act,on ,[ -.". t,,,, :.~..., ;;1~:( liT r:"d_iool...lw. fEj- :;::~oI:~:;~~.~. ,_ IJmtJoM~ ~~", ,~~: tob.. /I ~<,Iid IrjJ" ~(;,"_ <"(., Ii !~ M' I .;. l ; } . \ , GlJlrSflI,,"f< -I~,..;~,c.-.;~ ~...,,_,,_ J / """~ 10 th" r,'-'~~', Isnr~a,~''i. " tit).. r."r,,~_~~~, co. le-r..;!:r.:1 . n,,~;, . .' 1otl>e tuli~,,_ '>:"i,:__"-;-_~_:.,, ...~ y.~ ".. 'fJ( . I i..(c'l;.~~'~~~r;N.Y. ~:'~!\ ~-~yg~~-:~'?'Y_f.?l _1""" ';3c*L~-"d,( jJ'MONl!MJ;:NT . .--,,"----.-~,_._~----~--_.--~-~ - - . . >;J(P ,5;)?J -OOJV ~ W"J LuaoLt FRANK A. KUJAWSKI, JR., President ALBERT j. KRUPSKI, jR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, jR. HENRY P. SMITH TELEPHONE (516) 165-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 20, 1989 En Consultants 1329 North Sea Road Southampton, N.Y. 11968 Re: App. No. 7-6-89-11-7-28 - Gus Wade Dear Mr. Haje: The fOllowing action was taken by the Board of Town Trustees during their regular meeting held on October 19, 1989 regarding the above matter: WHEREAS, En Consultants on behalf of Gus Wade applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 20, 1989 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 October 19, 1989 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED .that En Consultants ON BEHALF OF Gus Wade BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct 4' x 47' fixed dock, 4' x 14' ramp, 6' x 40' float, install 15 pilings. Property located at East Creek, end of East Road, Cutchogue, N.Y. This permit is approved with the condition that construction must take place within 2 years and no extension is to be granted. Structure for recreational boat use only.'- --'-.:~"':-i-,::,: ,"" T -.;' .../ -. " . --~'--'" -~:....._-,...:.::.- ,: ! ,~J 'd.i " , . . . This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: $144.00 8~.OO 360.00 225.00 $813.00 dock ramp float 9 pilings. Total fees Very truly yours, ~IJ,~~' Frank A. Kujawski, Jr.@ President Board of Town Trustees FAK:jas cc: Bldg. Dept. Conservation Advisory Council file ~. Board of Trustees . 4 OctOb~9, 1989 FRANK KUJAWSKI: OK, we'll set that up for 6:00 o'clock, then on the next November meeting. I'd like to vote the motion down now, everyone agrees nay on the motion? I make a motion .to table the assessment on this application until we have met with the applicant and other concerned parties. ALBERT KR,UPSKI: Second. Frank: All in favor? All Ayes FRANK KUJAWSKI: OK, it's tabled. A motion to recess the meeting go begin our hearings. ALBERT KR,UPSKI: So moved. HENRY SMITH: Second ALL AYES V. HEARINGS: 7:35PM THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AND AFFIDAVIT OF. PUBLICATION FROM THE SUFFOLK TIMES AND AND AFFIDAVIT OF PUBLICATION FROM THE LONG ISL1i.ND TRAVELER WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. FRANK KUJAWSKI: The first hearing is in the matter of Land Use CoinPanyon the behalf of Vera Cusumano to construct a 4'x42' catwalk, a 3'x15' ramp, 5'x30' float, on property off of Briarwood Lane in Cutchogue. Is there anyone here to speak in fav0r of this application? CWCK BOWMAN ,Land Use Co.: I' 11 be happy to answer any qUestions if you have any. FRANK: I don't think there were any major concerns. This was approved by the CAC as submitted and I don't believe any.ofthe Board members had any problems with it. Is there anyone here to speak in opposition to this application? Seeing no one, thank You, Chuck, I make a motion to close ..well, I don't think I can just close the hearing. No, I need a motion to close the hearing. JOHN BEDNOSKI: Second, ALL AYES. HENRY: You want to vote on it right away, Frank? FRANI<. KUJAWSKI: Let's go through these. We only have a few, unless you want to~ We'll go through them and then we'll corne back. 7:36PM: FRANK KUJAWSKI: The second hearing is in the matter of En-Consultants on behalf of GUs Wade to construct a 4'x47':fixeddock, a4'x14' ramp, and a 5'x30'floatat propertVloc:ated on East Creek at the end of East Road. . -Cutchoque. NY. Is there anyone here to speak in favor .of this application? GUS WADE: Roy Haje is at the Town of Southampton tonight at ten. I am here on my own benall:. Are there any questions the audience might have, that might want answers, I'll be more than happy to answer them. Board of Trustees . 5 OctOb~19, 1989 FRANK KUJAWSKI: float, .. SPEAKER: 40', 35' FRANK: It's supposed to be 40 I ALBERT: 40' on the survey. HENRY: 30' on the Public Hearing... FRANK KUJAWSKI: I think your closest neighbor has got a 20' float. Was there a purpose for the 40' float..are you trying to reach a certain depth of water or... GUS WADE: At low tide, there's only like about a foot of water so it slopes off towards Mr. Nicole's house and at which point, if I didn't go out that distance, the boat would hang up and be sitting up on dry land, FRANK KUJAWSKI: 1s it 40 or 30? GUS WADE: I believe.... SPEAKER: Including the other notiCeS, it says 30. HENRY SMITH: What does it say on the application? FRANK KUJAWSKI: The applications says 40. HENRY: All right, it's 40 feet, then. GUS WADE: Ye<ilh, because what happens is at low tide we've got to go out about 40 feet to get two feet of water, and I've got a 20' Roballo and it draws about 18" of water. If we didn't go that distance, it would be hanging u.p. I didn't want to go for a dredging permit. JOHN BREDEME'!ER: You didn't think to run the fixed portion, further out, fixed dock out further or was that going to be... GUS WADE: Roy Hajeand I discussed that. We went there at low tide a couple of times, measured the dept.l::l.,.of, the water, figured it was the easiest way. FRANK KUJAWSKI: OK ALBERT KRUPSKI: What is the distance to... who's the closest neighbor there.. to their dock? I had one question that I want to bring up..30' . ... 40? .... Inaudible... I think, 300 feet..200 feet... GUS WADE: If you want to make a survey, I cou.ld dredge it out, but then I've got to go for a dredging permit,. FRANK KUJAWSKI: Let's see if anyone is objecting to the lengtb of it, all right?!l1'aybe we don't have a problem or maybe we do. Is there anyone wbo would like to speak in objection totbis application? Mr., Nowacbeck.. Thanks, Mr. presiden.t.' I know eVery time you see me you think it's trouble, put that's not true. I'm here representing tbe attorney for Fleets Neck Property OWners Association. I'm very familiar to the Board. Speaking in their behalf, ,we have no objection whatsoever, to any property owner \ltilizing their property for the purposes allowed and permitted by any particular law statute. We have no objection, either,to put that land usewitb any facility upon it, to utilize it in conformity with any existing regulations, laws, and so on. I just want to, historicj3.11y look back two, tbings for you. Number one: There was anattempt, in this particular case, to get a R.O.W. over your property to construct a dwelling, and that was over an easement up by way of a deed of getting your property. And there was another endeavor to ,get an easement by way of Board of Trustees. 6 OctOb"'19, 1989 construction of a bridge over your property, on the Town's property. That was denied. You have to remember that going back you revoked a permit and a building permit that was issued by the Department of Buildings, here, because the permit for building was issued with a perfect, unrecognizable factor that access to this property was by water. You ,must recall, and your laWyer will tell you, that the Town Law mandates, that there must be access to property from a public road, a public thoroughfare. Now, 1.... with the individual's review, the file and the application here. We're fully familiar with all the proceedings that took place. Cautionary, we want to support the Board, the administration, and the integrity of the Board in performing its jobs in protecting and enforcing the laws and regulations. We also want to make sure that their property rights are not violated by anything that happens. There was an incident on South Fork involving a mansion. A gentleman was given a permit for giving something that he could remodel. What he really did was, he started doing the thing and the Town came albng and said you can't do this; This is not what we wanted to give you the right to do, and the result was he said to them it" 11 take the,Town and the taxpayers and I'll clean out ,your pocket for all the money I lost doing this thing. I don't want the Board and I just l:;ay this in support your intl'li9rity and your good intensions and qualifications to the jOb the wa.y it is, that you shouldn't create an opening, an opening that may be, quote,"access to property". YOU're talking about the length of a dock 4'x47', a floating dock 6'x40', you couldl~unch a battleship. If it's within your jurisdiction.""gnd,the facility is for normal use, for mooring alighting onto, alighting from, a boat or a boating facility, I think that's what catwalks, ramps, floating docks are for. But if it's a means of goi11g to the ToWn Board and saying now to the Town, the Town Law says that you must have access to your property to geta,building permit from a public roll. why? Emergency vehicles must get there, fire trucks, whatever you have. And then if you gave him that right, assumingly, and he gets this vehicle for transporting construction equipment: and it becomes a right of way, on to the dock, on to the ramp, on to the property. Are you in a position to turn on him and say this is not what we intended to give you the permit for. I lobk at the application in. the file and I found resPOnses to your queries like, I have a DEt approval, I had a .DEC permit to build a onefi:lIllily dWli!lling, I had a permit from the Town of , South old to build ahoul:;e, and it was revoked. Gentlemen, if you look at the underlying applications, make the applicants,ubmit his. application to the DEe on the basis of which thatDEC said it's ok to build that walk, that ramp, and that dock. Let's see what the intension of the applicant is. I don't say the intension is wrong, I do not. I do. say for the integrity of ,your position, your office and your job, arid what you are entrusted to do, don't be led into a situation, unless really, you have full knowledge of all the facts, the underlying applications, and what's stated in those applications, gentlemen. . Recall there was a DEC approval to build a home on that thing, the permit was violated, all the conditions. were Board of Trustees. 7 Octob"'19, 1989 violated, resulted in the prosecution .... you don't want that same:repetition. Like I say, .Fleets Neck Property OWners does not ~bject'to the lawful use of the land, the lawful placement of any facility for the quite, useful, Peaceful enjoyment of anyb~y's land. We certainly don't want a Pandora's box and a lot qf problems that will probably be a circumvention of existing laws, rules, regulations within a federal, state or municipal or particular regulation that you people abide by, and I think that before a decision is made, that important fact must be rented very clearly of what the intended use of that facility is, and I say it behooves everybody t4at the underlying application for the DEC should pemade part of your file, because there was certain represent.ations that are made in that appl~cation to the DEC, and unless you know what they are, you may be misled and not fully informed before you make your decis1ion. ALBERT KRUPSKI: I have a comment to make on Mr. Nowacheck's statement to the Board. I wonder if ....we're.. got an applipation for access to his property from Trustee access from Trust'ee property, but it doesn't create an access from the road, it's only from.Trustee property to his property. FRANK] KUJ.AWSKI: There's two points here. We checked into this. FirSt! point is that. this Board has certain rights and legal means to do things that other boards don't have the ability to, becali\se of our charter and the patent rights granted to us. One of those is, if a permit is granted and the purposes of use of tha.t permit are other than what was granted by this' Board, we can r~voke that permit at any time. SecondpQd.nt.wouldbe that it's customary in this town to grant any citizen the right to traverse Trustee property for purposes of gaining access to moorings that we have in town creeks and so on. So, I don't believe there is anything unusual that is happening here, in my viewppint...more so than any citizen. Does anyone on the Board have a conunent? HENRY: SMITH: We have his.... in the past, I know what Mr. Nowacheck .was saying with the house, I mean that would be consiaered a permanent access driveway, wells, electricity and thing~ like. tha,t. TemPorary access we have granted people in this town to repair bulkheads over Trustee land and. to repair bulkheads and docks, and things like that. So, I can't see where: there's any connection. FRANK; KUJAWSKI: I believe, as a matter of fact, in the laws of the Town, you are allowed to .. you' reactually nc>t allowed to build' a strllcture t4at prevents a horse-drawn cartfrombej,ng taken! through Trustee land for the purposes of gathering salt hay fpr food for animals,so.. MR. NPWACHECK:May I respond to that? FRANK KUJAWSKI: Well,. I wouidonly say, Mr. Wade had his hand up for a few moments and I think it would be.his turn to colilmeht. We really need to keep an accurate recordaf this hearing, so please use the microphone, Mr. Nowacheck. MR. WADE: Mr. Chairman, at the same time as we applied to the Trustees for a permit to construct my dock, concurrently, we applied to the DEC. ' Board of Trustees. 8 octo. 19 , 1989 FEANK: We have that permit. MR. WADE: Thank you, I just wanted to clarify Mr. Nowacheck, that my permit from the DEC has already been issued along with the Army Corps of Engineers to construct this dock. It is not illegal, immoral or fattening, I would hope. FEANK KUJAWSKI: Nor does it included anything other than the dock. MR. WADE: Exactly!, and I would like to clarify that to this Board, and any time at a later date, I need a permit from this town for anything else, I will apply to the necessary board for whatever permit is necessary to do whatever it is necessary to do. Thank you. F:RANK KUJAWSKI.: You're welcome. MR. NOWACHECK: . I want to respond to that. Mr. Wade, I said nothing about being wrong or anything else. What I said was, personally I looked at the application and I am not to assume, I am just a layman, I'm not a member of The Board of Trustees that actually, the ramp, the dock and the float is for purposes, specifically for what it was applied for. It won't be put to any other use. I didn't say you couldn't walk aCrOSS Trustees' property. What I'm saying is, nowhere in the application did I say that this is going to be used. The first time I heard it here that a boat was going to be brought to that dock and ramp and the facility was going to be used for that purpose. If that's the purpose, and that's in conformity with what it is, that's fine. What I'm saying is that it should not be converted to use other than the allowable, permissible, intended use and that should be clearly specified not only bY,,;:theapplicant on the application to the DEC for their permit, but to you people as well. I looked at the application, I think, that you have there. You. show me one response that says anything but that they want to construct this thing without saying what it was going to be used for. . FEANK: Well . MR. NOWACHECK: Can I ask you a question, Mr. . President? If the use of this floating dock and this ramp, you can tie up seventeen boats to it, nose on. Is that an intended use? HENRY SMITH: It's an illegal use. MR. NOWAC~CK: If I was going to say, if he was go.1ng to start a boating construction materials into the thing and say now I have a right of way. Is that a use? If I were going to bring in on my boat a little jeep that could draw...take materials constructing something on there, is that alegit.1mate use? That's all I'm saying. .I said nothing about nobody not having the use, temporarily, by right of way to gO across your property. What I'm saying is that the use must be specific, defined, allowed for, permissible. FRAffit KUJAWSKI: I think that's in the Town Code for vessels, marine vessels. HENRY: That is correct. MR. ~OWACHECK: And if that's clear, fine. FRANK KUJAWSKI: It is, I really think it is. I appreciate your concern, I'.m sure the Board appreciates it. We duly noted that and it will be part of the record here. Board of TruSftees . I 9 octOP"'l9, lr89 I i MR. NOWACHEC~: Speaking for Mr. Nicole, who wasn't here, he's p~st pr~sident of Fleets Neck Pro~erty OWners As~ociation ..1 mentioned. it to him..he would like to, if it's only for.that boat facility, that it not interfere, and the Association taking the same thing, with the other users of the creek in the inlet to be able to have ingress and then egress from their, facilities because of the extension of the facility that might be granted for similar use to Mr. Wade. . HENRY SMITH: You can't block off navigation. That's, in the ... JOHN BREDEMBYER: If there's a prOblem, it'll have to be altered. That's standing policy. FRANK {(UJAWSKI: We've done that before. We've had docks taken out, we've had docks shortened, and we've had dockS altered because it does interfere with navigation. I'm sure Mr. Wade and the construction of this, if you do see a potential problem, would make a modification down and let the Board know. GUS WADE: As I stated earlier, is that to go the extra 10 feet to get into the water deep enough and keep tneboat t;here instead of dredging it out, because going through a dredging permit meanS whole, big lengthy process, ! believe. FRANK KUJAWSKI: It's not something we like to see in an area like that. MR. WADE: Thank you.. MR. NOWACHECK:Mr. President, one more thing. The Association is very concerned about..youknow, at the foot of the roa~, from whathappen~ before, there's still that black cinder paved situation, ok, which has been an~ is a violation of the DEC law because it I s within the 75 or 80 feet. Y.ou;,know, an~ nobody ever did anything about taking that away, and the association is rightfUlly concerned, now, that anybody cOuld remove that barrier and it's been done and use it for...and so on. What had happened just recently is, and Mr. Vanderbeck, oIle of the old timers of tl;le association and a former officer, had' called the police one day because what had happened, the barrier was remove~ and some young people decided with their. van and their scUba diving equipment and their barbecue. outfits and their boat, they.drove right on to that thing and boy, they are going to have a great old time right on your property and everybody elses. FRANK KUJAWSKI: This was since we did the improvements there? SPE~: Well, was it? FRoM THE AtJDIENCE:We saw it and afteru. MR. NOWACHECK: . It was in the same condition it's in now. FRANK KUJAWSKI : Okay, anybody else? Dr. Heneghan. DR HENE(3HAN: If the walk is out .47 feet, wouldh't that bring it out to the chanrlel? If he wants to keep a boat there, that'll be in the channel. ALBERT ~UPSKI: The walk isn't 47 feet. It starts at the break of the bank, so you have maybe, I don't know, maybe 10 or 12 feet before you get into tidal area. DR. HENEGHAN: OK ALBERT KRUPSKI: But your considerings are valid. FRANK KUJAWSKI: I just think, in the construction of this, if it becomes apparent that you've got what water you need, you , "Board of Trustees4lt 10 oct9IIJ 19, 19S9 C!pl11d shorten up. It's to your advantage, anyway, l:lecause one g~od freeze this winter and whatever part of the permanent structure happens to be in water, is going to come out. $. WADE: The water never freezes there, because the tidal a&tion is so great around my point, that it never freezes there, Fr~mk. FRANK KUJAWSKI: OK. Any other comments regarding this ~E~~aii~~KI: I just have a comment to make about a 4' wide dpck. I know I make a comment every time we get a dock over 3 f~~t wide. I know how the Board feels about this. HEJ:.lRY. SMITH: FoUr feet is the minimum. ~: No, three feet was the minimum. atNRY SMITH: I can't see any reason to go less than 4 feet. Tpat'S a safe size of the dock. ~ KUJAWSKI: It's been customary in the past year. Any other comments regarding this application? I'll make a motion t~ close the hearing. S*COND, Albert Krupski Ar.,L AYES FJ;lANI<. KUJAWSKI: The next hearing is in the matter of Ew.-Consultants, Inc. their application on behalf of Susan and James Trentalange to constructaS5' stone rip.rap along the shoreline of Wickham Creek to Peconic Bay, CUtchogue, NY. Is there anyone here to speak in favor of this application? Is there. anyone here to speak in opposition to this application? ~e only comment that I would have is that the CAC did approved this project as long. as the applicant fo!low.s.,j:ha,plan submitted and also suggested a natural vegetation buffer, which I think., is a doUbly good idea in this particular location. I'll make a mc!>tion to close. the hearing ij~Y SMITH: Second ALL AYES FRANK KUJAWSKI: Next application for a hearing is in the. . from Eh-CQrisultahts in behalf of Janet Maddams tOconstrti.ct bUlkhead within lS".ofexisting bulkhead on property located on the :Row off of .Oaklawn Ave., Southold, NY. Anyone here to s~a](, in favor of this . application? . . Anyone here to speak in oppOs,ition to this application? Anyone on the Board have any coiiunents? H'Ji:NRY SMITH: Other than we looked at it, and I think ... E'R1I.ttK.: Some unusual circumstance.s exist there HENiRY: We didn't have any problem with it. They wanted IS" in frorttof. .. ALBERT KRUPSKI: Wasn't there an opportunity here from the coritractorto do a.little replaritingsamewhere else? Wasn't that suggested by the contractor? JOHN HOLZAPFEL: He was willing to go two for one,even, at one point. ALBERT KRUPSKI: Yeah, two foot, which is a. small area, but,.. JOHN HOLZAPFEL: I mean, that's something you.could take advantage of. FRANK: Some sea plants. .. B5/15/2BBB B9:43 7656641 . .lames F _ King. President Jill M. Doherty, Vice-P.....ident PCJtllY A. Dickenon Dave Bergen Bob t;nosio. Jr. BJARD (F TRUSTEES . PAGE B4 Town Hall 53096 Routa 2S P.O. DOl< 1179 Southold, New York 11971-0969 Telephone (631J 766-1892 Fax (6.31) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTtlOTJD omee Use Only __Co..tal ErOlion Permit App\i~on _ Wer:1al1d Permit Application L Adminisntive Permit AmendmentfrnmsferJE.xtcosion /Received Application: 'i>7/v./O,r.. _ReccivcdFee:$ ~I") ,.0 ....:::;Compl.ted Appl1ciition 'V/(t"/(-,t _lncomplete__._ _ SEQRA Classification' Type I_Type II_Unlisted__ _CoordinaHon:(dal. senl) _L WRP Consistency Assessment Porro CAC Referral Sent: is /OateofInspection: r;/ Jq /Og-pu-S4b. fp/lIf~ _Receipt of CAe Report:_ _Lead Agency Detcrmination:_ Technical R.vi.w: .....,d'ublic Hearing Held: lDll'l1o'l. _Resolution: A/,I-,'I 1 I' I,i/li 1_, --'''r', Suffolk County TlOC~ Nwnber. 1000- P Lo. ~ . . roperty cation: -eA",^-\ '" ~ Name of Applicant c,~Q\le. :\. \.2-,adp W\\\~uq~\4.~pc(\~ f.. v\J~,w\- ro~. I t-J~ I Phone NwnberM() t{qq ~~qtl.b Oll( ~j(,9oL{~t:5o~ \\0-7- ~~ ~ ~cU:k Roa1 \) 1.\\ Address ~illJ1-~q\1e v\J~ , z,tr -\\ ~~ (provide LTLCO .Pole #, distance to cross streets, and location) AGENT: (If applicable) Q,,~<f- Address: ~"'-"\. e.... Phone: _----.-__ ____n__ PAGE B5 B5/15/2B08 09:43 7555541 BOARD CF TRUSTEES 4ILoa~d of Trustees APPlicat~ GENERAL DATA Land Area (in square feet): I L( , L-{ 16 ~:~"'-,\~ RP ~~~~o.A R to ~rt<k""V ~ .....A Area Zoning: Previous use of property: Intended use ofproperty: Covenants and Restrictions:_Yes If "Yes", please provide eopy. )C No Prior pennitslapprovals for site improvements: Agency Th 9't'e.e. ~ t:E~ - ~ ab >t~ A.._y ~I!laDate , ::f"u "" - ~Z-~ ~ .::!u\u -"3\- \ 1 ({ <6,\ \ q 'ift::t rqt~ _ No prior pennitslapprovals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? _No1Yes If yes, provide explanation: &:\~~ ~~~" (~..~cl '.6,,\ ~ld~. e.b ~1I,,"'1iul& (e.Cl...... ~ ~ Project Description (use attachments if necessary): (Q~\I.tL ~~G-/C- tiC(' Le~~T \Q'O~"'-~~ I' ~() ~ l.5V R,s...... ~v~_ \/\"'-(25 ft~ ""-'..a...7\ ~ ~ . t v\&V\~l w.,od<=. k,'f S O. "l 'c\Kba.d-- 05/15/2808 09:43 7656641 .Board BOARD IF TRUSTEES of Trustees APPliaa~n PAGE B6 ~ WETLANDITRUSTEE LANDS APPLICATION DATA I Purpose of the proposed operations: "q' 0 \ -e.. '"-\. I> II .e ~ \,L~u\J ~ ~'" ~ lc.~ +- f'~9,"", \\Jr Area of wetlands on lot: li 1::73' Percent coverage oflot: squaTe feet % Closest distance between nearest existing structure and upland edge of wetlands: ~O __feet Closest distance between nearest proposed structure and upland edge of wetlands: p D ,"JeeL Does the project involve excavation or filling? Y:",- No Yes lfyes, how much material will be excavated? ~ -cubic yards How much material will be filled? '- (:) - cubic yards Depth of which material will bc removed or deposited: ~ ~ ...:..~ Proposed slope throughout the area of operations: - 3 - _ ~ Manner in which material will be removed or deposited: \'Y\(J\Q.~ 3ft L~L\ ~ -' ~cv1 ~L. '^-.Cl--1.-cl :;::- \ ~l~~~ ~k",,,~l," ~ Miiiel/1~ ~4~ ;:. J)~~ ~ y\A.,;~'" C.k.Q~\l.v.t~'1D rell ( ~ hl96lu. S Statement of the effect, if any, on the wetlands and tidal waters oflhe town thatmay result by qreaSon of such proposed Operations (useittachments if.-approprlitef.... .. .. ........ . .. . '. r'\ ~'^-.P 05/15/2008 09:43 7656641 BOARD OF TRUSTEES 517.20 . APPENDIX C liTATE ENVIRON'-'E;NTAl QUALITY RI:vIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNUSTED ACTIONS only (To be completed by Applicant or PIOject Sponsor) 2. PROJECT NAME PAGE l'l7 PROJECT 10 NUUBER SEQR PART 1 . PROJECT INFORMATION 1, a1-e- R ~I Counly 9, 0 <r ~C) l k ~/' €- 3,FROJECT LOCATION: _. 0 1"\ __ ~-..:.,-.....~.s ~ ~ Munlclpalky \"' 4. PRECISE LOCATION: S....t Add .. and Rood In18"'''''::.l..p'JlI!Ilnenl Iandmarts .Ie - or orovlde ....0 f>'-'--ll~y \:. uca,;:.t ~.u-",,- ~~........,.~ S0('II~ e.L.<..(!.\Cl~~ 5. rS PROPOSED ACTION: ~ Naw 0 Exp..,slon 0 Moditictlticn f atteration 5. DESCRIBE PROJECT BRII;fLY; (\Q.1.V\.1l\l-'L Vt.\A'\'.1olo-<\ t9""':6.e.f;!,I'J'eltl4te Lec.ud IAUs.b ~-'LQ--- \l (i"'.DL'-'-6. ~,-li.... 'rt ~~..y- 7. AMOUNT OF LAND AFFECTE ; Initial acres , UIlimBtely ~ aCI'e$ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [R]VES D No It nO, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY ~RCSldef'ltial DIJ'Jdustrial Dcommen;i.. OF PROJECT? ICt1oQoe.. ""''1)I.S apply.) DAgrlcullum 0 Pari< I Fore.! I Open Space OOth... (d..cribto) 10.' DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IF_ral, Slala 0< locall DVO$ f]lNQ tf yes. list agency nlllRle 8m:! permit I apprl1'lal: . es ANT ~t"l:.vl UF IHc"AC'TlOFl H~t:. A Wt(t(t;,NILY VAllO p~RMrr 0Jr ~""KOVAL1 DV"' ~NO If ye", nst egBney naMe end permit I approval: PROPOSEO ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? Ap~lcal1t I CERTIFY THAT THI"\ INFORMATION PROVIDED ABOve, IS TRUE; TO THE BEST OF MY KNOWI.I,DGE \O~~ ~Cl" .e.. .:t. ~o...e... tct SIgnatu1'8 lHlle lell is I C<lstal Are., and you .... . state agency. complete the Coastal Assa..ment Form before proceeding with this .Sllessment 05/15/2008 09:43 . 7656641 . BOARD CF TRUSTEES PAGE 88 . PAA.T1I. IMPACT ASSESSMEKf 0 be com Ieted b Lead Age A. DOES AC'TlON EXCEED Am TYPE I THRESHOLD IN 6 mORR, PART 611.4? K yes, ooord_.he ",view prooe.. and ...0 lite FUll. f!AF. o Yo, No B. Wl~l ACTION RECEIVE COORDINATED Rt;VU;\N 1\8 PROVIDED FOR U~ISTED ACTIONS IN 6 NYCRR, PART 811.61 If No. a negativa i:iectarallon I1lt superseded by another invawed agenc:;y. DYe. 0 C, COULD ACTION RESULT IN iU'lY ADVERSt; EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be hOnl/writtcn. II legible) Cl, E.,sting air quality. .UrfaCe or groo""wo"" quollty or quantity, noise 10V8l&. Ol<lsling tnnrIC paltOm. solid ....... p<O<hlCtlon or di"""..I, polanllal for eroaiol'l, dralnago or Ooodlng pJQIlIOm.? Elcplain l>rioftY: . I' I: . ,^etA>€-. : C2. Ae,the1i<:. ogl1cultural, or_leal, hislOfic, or _ nolural or tultural ,e_; or community or neig_ choracler? ~in bI1efly. I V\ 8\J.....fL- . . I <;3. vegQ!atlon Of faune, "&1'1, ohe_ or wildlifa opocies. signilialnl hobila... or tIl",alOned Of endongered .pado$? Explain briefly: ~U~ ~",e.d lbcw- b,,~L.e..s - - C4. A community's exiJting ~an$ or goal&. U officiany \\dopted, or a chango in UM or Inten&ity of use or l..'Uld or other natural r8SOlIl'CQS? !:)fPIaIrt l '" OV\.e-- - .. . _ I C5'lowth, s.~:-:~ment, Of related adivi.... ikely to bo ;"jucod by lite propoRed aetion? EllpIakl briefly. J C6. Long term, ShOrt term, c"mI.lJative. otolharoffeclS no' kfentH1ed in C1-C5? Explain brieRy. I V\e ~-lL_ _ _ I CT. Other i act5 findudh eh 5 in use at eithet uantl or of ener 7 Ex taln brie ,^~'v\.>€-- O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTA6L1SHMENT OF A CRITICIl.l ENVIRONMENTAL AREA (CEAl? {II 1'80, oxpIotn briefly; o Vo. r;&No I I 1;;, IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RaATEO TO POTENTIAL ADVERSE ENVlRONUENTAL IMPACTS? If .s.. lain' o Vo. ~No PART III - DETERMINATION OF 'SIGNIFICANCE (TO be compIetod by Agency) INSTRUCTIONS: For....eIl .<lverse efleet identifled above, determlnewheth.. it is sUbslontial,large. important or otherwise significant. IOach effect should be oss..sed In connection with its laJ setting (i.e. urban or rural); (b) probability 01 ocamlng; (e) duration; (d) irrevorslbllly; (e) geographic scope; and (I) magnitude. If n_'Y, add attaehmenls or releren<le supporting materirllS. Ent<Ilre 'hat eJ<pIanallon$ contain sull\cienl detaU to show that en relevant adVerse Impacts have been identified and adequately addl'essad. II quesllon d 01 part n was che<J<ed Y'l<, l~.dele_~~ ofslgn-"''''*.........''the.""tentiai i",pBelallAe're~..'KI~~t.,oistics"IU.o Ot:A. Checkthle bale. Jfyou heYe idBnttfled OIl9'ormorll pQtentiaUy IaI'g8 or ~tadYor:lO lmpgcts whkh MAY occur. Then proceed dirdytQ the Ft..A.. EAF andIor _"' a posltlw_. . etiei;:1i; ~- tlOx ltjoU -havii 'aeterrnTned~ 'based on"ihe JrFronnation' and ana&ySls 'abO"e ancfany supporting doCUinentlJtion. that UU!' proP"OAed j...-.... WILL NOT f$$Utt in ~y sl9nifk:ant .h,erae envinitnnantal imp~ AND provtde, on attachments as Ileeessary, the rt!3sor\.S supporting determirlation, Name or Load Ageney Dale pnnt Qr Type -.. of RoepandllA OIli<:O' in LAll<I Ageney Tille 01 Responsible Ofti<:ef SIgnature 01 Respoo_ OfIieer in lead Agenoy Signature of PtepAt8r (If cIifte~ from telipDtrtilble Officer) 05/15/2008 09:43 . 7555541 . BOARD CF TRUSTEES PAGE 09 . Board of Trustees Application County of Suffolk State of New York Gus-6..Je.. J' W<<..dtL BEING DULY SWORN . DEPOSES AND AFFIRMS mAT HE/SHE IS THE APPLICANT FOR TIJE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF J:IlSlHER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WlLL BE DONE IN THE MANNER SET FORTH IN TIllS APPLICATION AND AS MAY BE APPROVED BY TIlE SOumOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARlSING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING TIllS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S). TO ENTER ONTO MY PROPERTY TO INSPECT TIlE PREMISES TN CONJUNCTION WI REVIEW OF nus APPLlCATION \~ SWORN TO BEFORE ME TlIlS IS- DAYOF >nO 2001 '- -~- "illARY BOGi '. NotaIy Public, State of New York No. 14543-4954583 ... Qualified In Suffolk CountY rfj. eommll8lon IiXpirea Auguat 14. 20 ..x.r-' I 05/15/2008 . 09:43 7656641 . BOARD [f" TRUSTEES . PAGE 11 APPUCANT/AGENTIREPRESEN'i:'ATIVE TRANSACTIONAL DISCLOSURE, FORM The Town Dr~rthnld'~ Code nr Rthics nrohibits conflicts ofi~ on the 'Dart ottowa rifficors ad cIDolovees. The I1lJ1l1Xl!ID of this fonn j! to twnvIde infurinarion which can alert the- tnWlt of ftftollqI"hIe conflicts of intcrc~ and allow it to take ~ 8Ctinn I!I ne--III_t"V ti't AVOid lame. YOURNAMJ;:' \PitCH- G\)'~~e.. ;:l. (last name, first name..II'iddle initial, unI""" you arc upplying in II1e ....... of somcooc else or oilier e1lIity, .sudI lIS a COIIlJ*l1. If 00. ir)dicalll, the other petsOn.~ or company's name.) ... NAME OF APPLICATION: (Check all tl1al: apply.) Building Trustee Coastal Erosion Mooring Planning .K T", grievance V arianee Cb3nge of Zone Awroval of plat Exemption from plat or official map Othcr (If "Qther", l\&Il\e the activity.) -,..-<- Do you """",,aUy (or through your compony. 'I"""'" sibling, porcn~ or child) have a relationship .with any officer or employee ofth. Town of Southold? "Relotio""'ip. inclodos by blood, marriage, or oo.;iness i_ "B..."""" mlon:st" .....os a business. inchiding . portnc"b"" in which Ihc IIlwn officer or employ<:<: hos e_ .. partial own<rship of (or employment by) . corporation in which the lown officer or employee owns more thR11 5% ,,[the shares. . K YES NO 'f you answered "YES", eomplctc the b..llm"" of this form and date and sign whore indicolod. Name Of person employed by lllO Town ofSouthold Title or position or that person __ Desoribe the relationship betwoon yoursclf(th. applicnntlag1;ntl_n\8!ive) and the town officer or employee. Either check the 'pp"'l'fiat. line A) Ihrough D) !1lJd/nr dcs<ribc in tho space provided The town offieer or employee or his or her spou.", sibling, parent, or child is (cheek al!' lIiatapply): A) the ow""r of gre.lor 1111., 5,. of the shares of the corponte stock oftt.. applicant - (when lhe 'PIllleanl is a corporation); , _B) "'elegal or l>:ncneial owner of any intere.<l in a non-<:orpot&l< ""lily (whi:n tho appliesnt is not. .:orponWon); _ C) an offi...., director, p......r, or employe<: of the 'ppliean~ iii' ~) the a<:lUal opplicant. DESCRIPTION 01' IU!I,.ATIONSlilP Fonn TS 1 ,~~vk" ~~L-- SIgnature ~ Ul2.. Print Name ' t:o~a.1l e.. ~. .e....- . . . 41 Willoughby Path East Nor1hport, NY 11731 Gustave J. Wade May 15, 2008 Southold Trustees P.O. Box 1179 Southold, NY ATIN: BOARD OF TRUSTEES Gentlemen, Please find enclosed, a new survey which has the locations of pilings and dock layout as requested by Jill. I have put the locations of the 48 various locust bushed as close as I could detennine. I have also enclosed the original survey which I used to do a mark out. Besides the removal of locust bushes, I would be removing various poison ivy bushes as well, as discussed with the trustees on May 14, 2008 (site reviewed) Then I will instal1 approximately 3" of natmal wood chips on top of said site area to subdue future poison ivy growing back. Thank-you for your attention to this request. Please contact me if you need any further information. y~~ Gustave J. wad~ Mi.: 1. . , J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 41 Willoughby Path East Norlhport. NY 11731 . Gustave 1. Wade April 28, 2008 Southold Trustees P.O. Box 1179 Southold, NY ATI'N: BOARD OF TRUSTEES i:': if, .r APR ) 'I "10g ,.I v LUV Gent1emen, I am the owner of a parcel of land located at the terminus of East Road Cutchogue, Town of Southold Enclosed please find copies of SUlVey, as requested of said property, I would like to meet with the board of trustees on said property on May 14, 2008, to discuss my request to remove various locust sbrobs & trees, pruning etc. of undesirable brush, Enclosed, please find a check in the sum of $50.00 as a pre-submission fee as requested. My interest is to use the JllOp,rty for recreational pwposes. I look forwan\ to bearing ftvm the boanI, you can reach me at (631) 804-2309-a:II, or at home (631 )499.{)496. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 'I Standish, Lauren From: Group for Cutchogue [cutchogroup@gmail.com] Sent: Tuesday, June 10, 2008 11 :58 PM To: Standish, Lauren Subject: Red Flags for Wade's Application With respect to the application of Gustave 1. Wade. I believe that there are several issues which should be resolved before this application is calendared for a meeting. #1 Both on the application and the Environmental Assessment Form, The applicant misrepresents the location of the property. The property is not at the "Eastern Terminus of East Road" There are two reasons why applicant's property is environmentally sensitive land unsuitable for any development. # 1 It is a beach. #2 There is no road access. I believe this was established when the former owner was in Court in the 60's and in the 80's when Wade applied for a trustees permit to build a house on the property. Wade lied about his DEC permit to fool Southold Town Building Department into granting a building permit. Any hardship relating to the current state of the property was self inflicted. The tons of fill which Wade dumped on the beach have already caused serious negative environmental impacts both on the beach and in the creek. If it were not for the dirt he dumped there would be no thorney bushes or poison IVY. The property is not in residential use. The land use in the vicinity of the project is not residential, it is open space and recreational. I believe the property is within DEC jurisdiction and any change in the character of the land use would require a DEC permit. If beaches in Southold Town are permitted to be covered with wood chips that would certianly be a dramatic change of our aesthetic resources, community and neighboorhood character. If the property is landscaped it will be no longer be open space it will be residential space. Next there will be lawnmowers and leaf blowers etc... The dock was permitted so that the property owner could not claim that Southold Town regulated against all use of the property. Such use should not be expanded. The applicant's property is in a key location in relation to the significant coastal fish and wildlife habitat of Cutchogue Harbor and creeks. Haywater Cove area including East Creek, Mud Creek, and Broadwater Cove, consists of approximately 190 acres of Salt Marsh islands, mudflats, open waters, and tidal creek. It is connected by strong daily tides to the shallow open water area of Cutchogue Harbor of approximately 205 acres and also to the Horseshoe Cove Meadow Beach area, an approximate 25 acre area including a 15 acre wetland preserve owned by the Nature Conservancy. 6/11/2008 To claim as the applicant does that there will be no controversy as to potential adverse impacts is absurd. If Wade wants to restore the beach by removing the dirt and cleaning up the sand, it should be permitted. To permit him to further destroy the valuable natural character of the property would be a terrible mistake. Thank you for your courtesy and consideration. -- Benja, Secretary Cutchogue Group www,Savecl.ltchQglle.CQill neighbors@savecutchogue.com 6/11/2008 " BENJAMIN J S C H WAR T Z June 24, 2008 Southold Town Trustees: James F. King, President, Jill Doherty, Vice- Dickerson, Dave Bergen, and Bob Ghosio Jr. Email: lauren.standish@town.southold.ny.us Fax: 1.765.6641 Re: We love our beaches and want them to stay beaches. Pursuant to the request of Jill Doherty, Vice-President Southold Town T , this is a foIlowup to ask Southold Town Trustees to refrain from issuing an administrative permit to GUSTAVE J. WADE to allow construction of a wood chip patio on a beach. If one property owner is permitted to cover a beach with wood chips, other property owners will be permitted to do the same. The subject beach is not the only beach on our creek with invasive Poison Ivy and Black Locust shrubs. I do not know any property owner (nor any park district) with a permit to woodchip a beach. Instead of an Administrative Permit, such a precedent setting decision should be required to be preceded by a Generic Environmenta11mpact Statement. The subject property owner dumped fill on his property and thereby disturbed the environment. Poison Ivy and Black Locust shrubs are invasive species which grow rampant on disturbed lands. Actions which will restore a natural balance should be permitted. Actions which will further disrupt the environment should not be permitted. The use of wood chip mulch is a controversial subject. Opinions are as diverse as the locations. types of chips and methods of application, but some principles are well established and . incontrovertible. Wood chips are produced by a mechanical process and have significant environmental impacts. The common perception that wood chips are "natural" is false. Wood chips on a beach are never natural. The proposed specification of "clean" wood chips produced from "Locust trees" on site reflects a lack of knowledge of those impacts. There is no such thing as "clean" wood chips. The absence of preservative and coloring are relevant characteristics of wood chips. But other factors such as the age and amount of weathering and drying the chips have undergone are just as imPortant. Wood chips produced on site will be fresh and therefore they will not be inert. Black Locust trees are poisonous. Wood chips made from Black Locust trees will be toxic. In addition to toxicity of the chemical substances which leach directly from fresh wood chips, the acidic leachate can react with underlying soil to cause toxic runoff. 1845 Fleetwood Road, Cutchogue, N.Y. 11935 FAX. (631) 734-5093 (By voice request only) TEL. (631) 734-5093 Blue Claw crabs, Atlantic Silversides, Brine shrimp, Mud snails, Ribbed mussels. Fiddler crabs and many more species of wildlife living in the cove may be poisoned by fresh chipped wood. The health of marsh grass is linked to symbiotic relationships with mussels and fiddler crabs. The bountiful productivity of the entire estuary is dependant on freedom from disruption. Although, wood chips come from a natural resoIIl.'Ce, wood chips are a waste stream not found in, and which should not be added to the natural environment. Wood chip decomposition is a slow process that can result in decades of discharge of contaminants. During prolonged water saturation, substances such as resin acids, 1lgJ';n... lignans, teIpenes, fatty acids and tannins. dissolve in high concentrations. Wood chip leachate released into the enviromnent can have adverse impacts on ground water, on nearby surface waters and on aquatic life. Several chemicals may be present in wood cbip leachate at levels higher than the levels present in raw municipal sewage. Wood chip lese!'...." has potential to hann the enviromnent and should not be discharged without proper treatment. There is clear scientific evidence that when improperly deposited wood chips can negatively impact the environment. conlBm;na.te water and destroy fish habitat. Wood c:hips would not stay on the beach. They will end up in the creek and on salt marshes. Wood ehlps would not be JuumJeu. Wood chips retain moisture and therefore would alter the soil chemistry from dry to moist. Wood chips will leach substances such as phenolics, resin acids. tannins, and other organic compounds which are toxic to fish, crabs and other marine life. Decomposition of organic constituents in wood chip leachate also depresses dissolved oxygen concentrations. Eventually wood chips will decompose and turn a sandy beach into a field. Wood c:hips wonld not stop weeds. Depending on the thickness of the wood chip mulch. sooner or later the mulch will promote weed growth. Will another application ofwood chips be permitted? Sooner or later. Locusts and Poison Ivy will reappear. Sooner or later. weed control measures such as plastic film or landscape cloth will likely be used. It is also likely that eventually herbicide will be used on a wood chip mulched area. The lIlternative to trying to stop everything from growing is to grow appropriate plants. Beach grass and other suitable plants will need care to establish a self gnllhlining lanil""ape and prevent regrowth of the locust shrubs and poison ivy. If the Trustees do not know which plants are appropriate and available, local experts and nurseries can be contacted for advise. Nobody is objecting to permitting the removal of the invasive species. And wood chips may not be a structure, but they are neither natural nor a normal accessory use on a beach. Please do not issue any permit that will turn the subject property from a beach into a backyard. Thank Yon for your anticipated courtesy and consideratio 01/13/1997 21:04 6317345093 BENJAMIN SCHWARTZ PAGE 011 01 ~~--;:;:::---:._- :, 1'1\ Ic. '[. '. i'l I J 1; \._'1 L~ :1"}J.r'-"'- , , Inti JUN 2 0 I 'r I 2"08 uu .. .--' ....~ Southold Town Board of Trustees BENJAMIN J SCHWARTZ June 19, 2008 SouthoJd Town Bomd ofTrustccs Town Hall Annex Building, Main Road, Southold NY, 11971 Fax # 1.765.6641 I was wrongly infonned that the June 18., 2008 Bow ofTrustees meetins was soina to be Oil June 19"',2008. Due to a technical error, the agenda WllS \IIlBvailable on the day of the meeting. Despite B13:30pm my calling IIJId emailiog the Tms!eeS' office I received DO RSpODlIC. The Clt'Or was promptly correc:tcd IIJId the agenda posted wiline when I called BglIin at 3:30pm JWIC 19". Regarding the lOllowina item Oil the agenda: 3. GUSTAVE J. W AOE mjuesIs all Adminis1J1Itive Permitto remove approx. 48 LoI:us1 """., approx. I SO Poison Ivy vine. and place 3" of notural woodelUp. on the surf_. Located: 1024 East Rd., Cutcltogue. SCTM#II()'7-28 I was informed that the request was granted. If! had received proper notice of the meetill8 I would have been there to present infmmation that I believe would have led the Trustees to make a different decision.. Even if the Trustees make the SlllI\C decision the information which I WllS UllBble to present should B1least be considen:d. I spoke with Ricl(Hoffilllm, Esq. Who represents the N. Y.S. O.O.S. and he informed me that there i. a collllllOlllaw rule by which municipal boards can reschedule a new hearing and RlCOosider a resolution which WllS decided baaed on illCODlplete information. Please consider rec:on..idering the ,ul1iect ......hrtinn. Thank You for your mticipBled courtesy and cooperation, ~~ Benja Schwartz · It it were only the least expensive solution, I would have 110 objection. If it were merely ineffective, I would not ask lOr a rehearing. As far as I know, IIJId I am not well informed yet, the permit allows mulching with wood chips which will tel'lpo...dly serve the purpose of controlling weeds, but ultimately aggravate the problem, and will be toxic to wildli&:. TIlERE IS A BETTER ALTERNATIVE; appropriate plantings. FAX. (631) 734-5093 (By voice request only) 1845 Fleetwood Road, Cutchogue, N.Y. 11935 m. (631) 734-5093 r J .-~ Comments on BoTT permit application re: SCTM# 1000-110-7-28 IWadeI6/18/08 Bv Fleet's Neck Property Owners Association, PO Box 544. Cutchoaue. NY 11935 r--.:....... To: Executive Committee and Beach Committee Chair. (i.:':::" .:'~'- The Trustees are considering a permit on the Wade property and we need to pull together an Assoc"~ _ - ".' position. Please review the information below and get back to me with member input Thanks, Ray {brrjj ;.., Huntington .................. "'-- I cr) 2=:J I ~c) l' (.~ Mr. Gus Wade, owner of SCTM#1000-110-7-28 has made application [5/15/08] to the South old Bo f Town Trustees requesting permission to remove approximately 48 locust bushes [sic], 150 poison 'i!!JLIJ l vines and to place 3" of woodchips on the [disturbed] area. He would use power chipping equipm nfi,he sketch with the application suggests about 1/3 of the parcel's area would be disturbed. ~ i f - L -co c.{ A Review of Pertinent Facts and Understandings: . 1'l!!J ":::c.:-..,J ! The circa 1980 settlement with Leander Glover recogmzed the parcel [1000-110-7-28] to be out @r---.:., I Association land and circumscribed by Town land managed by the Trustees. Subsequently Mr. ~ I purchased the parcel, obtained a building permit and began to build a house on piles. The building permit __.J was rescinded by the Town upon learning that there was no as-of-right access to the parcel and for other reasons such as non-compliance with a NYS DEC permit Later, the Trustees granted Mr. Wade a permit to build a dock. i I i " The 50' wide town road is public and extends about 50' past the road-end barricade. The portion unused as a road apparently reverted to Town property. " Continuing to the east, approximately 100' of Town land managed by the Trustees exists between the official road ending and the Wade property. " The Wade parcel is only accessible by water or by crossing the Town land managed by the Trustees, or by crossing the Association land to the south. " The Association has given no permission to Mr. Wade to cross the Association's land (nor was any request made.) "The Town has the authority to specify allowed uses on the Town land but has made no deciaration of same, save applicable Town Code. Without such specification one might assume that it is okay for anyone to walk over the Town land, but modifying the land or vegetation for motor vehicle use, or using a vehicle, would not be allowed. " Both the Association and Mr. Wade use the public road and the Town land to access their respective properties. The Association does not need to use the Town land but access is easier due to grade. Mr. Wade must cross the Town (Trustee managed) land. While not part of the permit application, we understand that the Wades have expressed an interest in being able to drive a vehicle from the Town Road to their parcel. We further suspect that there is interest in placing a recreational vehicle or tent on the parcel in season. We further understand that this is not within Town Code, but to be sure????-Indeed Mr. Wade has driven a vehicle to his property in the past; perhaps with Town permission but certainly without contrary Town enforcement. The Wade permit application is on the 6/19/08 Board of Town Trustees agenda (6 PM start in Town Hall). Formation of an FNPOA Position: " Subject to discovery of a concise statement settling ownership, the FNPOA respects the Trustees' compromise of late 1980 and Mr. Wade's right to use his land within the Town Code and NYS Law. " The hand removal of the described offensive vegetation is acceptable provided there is minimal disturbance to other flora. " The spreading of wood chips on disturbed ground tolerable provided that only the area not in the non- disturbance areas is covered and the amount of chips is limited to 10 cubic yards (40'x40'x2"). The area is subject to sweeping winds and flooding that will move the chips in time. " No roadway/driveway should be permitted. The driving of a heavy or motorized vehicle onto the parcel shouid be prohibited in the permit "The Town Code prohibition of structure (trailer, RV, camper, etc.; save the already permitted dock) should be referenced in the permit " The Association's primary concern is creeping intensification of use beyond that allowed by the Town Code as-of-right and within that allowed by any covenants or applicable regulations. Disposition: AI .L.-I- The FNPOA Executive Committee approved the above position on 6/18/08 fd~J to--, JZ., -~ , Standish, Lauren From: Benja Schwartz [eastcreek@gmail.com] Sent: Monday, April 30, 2007 9:44 AM To: Standish, Lauren Subject: [NEWSENDER] - Truck on beach - Message is from an unknown sender The Suffolk Times cost 35 cents in 1984 when a stop work order halted construction of a house on East Road Beach. Public hearings on an environmental impact statement followed. Due primarily to the fact that the subject property has no road access a permit to build was denied. Now the owner is driving all over the beach. See attached pictures. -I) benja eastcreek@gmail.com www.eastcreekwebs.com 631.734.5093 4/30/2007 .. TliursClay, OctOlfer-4;-I984~ r' .' -. --" 8ervlnl Bouthold Town. Sh..lk>r lal.nd Town Rncl th~ Ineorpol'llted Vmqe 01 OI'Nnport ~aJ. ""t" D ~~(5 G ~ \ s e.c. t"'\ I:- r--"-'---"'--- '-- '_"__'u_ ') by ~L MAP 017 PROPE12TY .I ~ {\c> \- ~r5URygYEQ F~r ' 1.."~U5 ,'v:.JADc ... L~ 0('-' t..T ., I, h:ur ~('f '" . cuTCHlXOUE ~ . , I ~~ iP\v'N.OF~THO\-j),N.i. I, \ " I \----'~ I \ I r i i I ! t ~ PROVED BY BOA~p OF TRUSTEES I \ \ I TOWN\OF SOUTHOU}' DATE 7/3,t(~ :z-~ .v" o.<~~ / /, " - " L. OA coJ./'J L.,;",T-6D ro.-f' ..,f) v . /'.. 0 roo"- I'I!',.) T lJ F (f:><< -> TJ:J:;' 00' PIUS. ~w/i,9) ~~L ,,#'~ ~, '"". "'::-, ~. i'>' ;::: (J' /' I / S;---:. '-'(........ '~i l Yo, C{; " y / ~...,.J;:: ,.0 " ::..:::1 U) = "" ;;.?, '. --------------- ~_. 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