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HomeMy WebLinkAboutTR-06/06/1978296 A regular meeting of the Boardof Southold Town Trustees was held jUne 6, 1978 at 7:30 p.m. at the Town Hall, Main Road, Southold, New York. Present were: - · President Philip Go Horton TruStee Scott Harris Trustee Anna Hataier Trustee John Nickles Trustee Paul Stoutenburgh Trustee Hataier made a 'motion to accept the minutes as Amended for the meeting °fMay2, 1978. Trustee S~outenbUrgh seconded the motion and it was carried. On motion made by Trustee Stoutenburgh, seconded by Trustee Hataier,. it was ,-~ - RESOLVED to approve the application of John David Anderson to place an offshore stake with pulley line to onshore stake at Mud Creek atthe 'end of Sterling Road. Vote-of the. BOard: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh On motion'made by Trustee Nickles, seconded by Trustee Harris, it was RESOLVEDto approve the'application of Henry P. Smith to place a catwalk, r~mp and float off private property of the applicant at Town Creek subject to a further investigation to determine if the dock is excessively far out into the creek. .Vote of the Board: Ayes: Horton, Harris., Hataier, Nickles, Stoutenburgh There was discussion on the application of Baldwin L. H~mm who hasmade application for an offshore mooring when he also has an application approved for a b~,lkhead. Mr. John Geideman said that the sand is coming in around the bulkheads and that's why some people 'have them in Gull Pond. As far as Mr. Humm is concerned, his bulkhead will not be built until the end of the summer. On motion made by Mr. Nickles, seconded by Mr. Stoutenburgh, it was RESOLVED to approve the application of Baldwin L. Humm to place two 250 lb. mushroom moorings at Gull pond in front of private property of the applicant. This is a temporary mooring which will be reviewed in one year. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, StOutenburgh Mr. Robert Ko Simon appeared before the board in answer to ~a violation notice for placing a dock in 'front of private property at Richmond Creek. Mr. Simon will present the necessary application to the Board together with a survey of the property locating the dock as there is a question as to whose property it is on. He was also given the addresses of the Army CorPs ~f E~gineers and the Department of Environmental Conservation from whom he'atso needs -permits. On motionmade by Trustee Nickles, seconded by Trustee Hataier, it was RESOLVED to approve the application of Kathryn Robedee tO dredge an area 70 by 90 feet and remove approximately 700 cubic yards of material in front of private property of the applicant ,at Little Creek. · Trustee StoutenbUrgh objected to the application on the grounds that it was takingpublic propertY for private gain. He felt that a l0 foot swathcould be cut through rather than taking ~a 70 foot by 90 foot area. He feels this is wrong and will vote ~against it. President Horton wanted the record to show that at the last ~meeting there was an application from Petroleum Combustion Inter- national~ Inc. for maintenance dredging in Mattituck Creek where it had filled in in front of their property and they needed to dredge it. The motion~for this approval was made by Trustee ~ Stoutenburgh ~ ~ Trustee Stoutenburgh stated that the property of Petroleum ~Combustion in Mattituck originally had a dock and the barges c~me up to their dock. The material being removed here hadbeen washed in. This is in contrast to what is being discussed here° This is private property facing town waters which is in its original ~ state. ~It is being changed~from its original state to a channel ~area and is not anything to do.with a commercial enterprise such as the one.in Mattituck. ~ .... . Trustee Nickles stated that this property in Little Creek is' on the westside of Little creek and h~d been dredged some time 'in the past and because the prior owner did not have the foresight or whatever did not haVe this lot dredged. It 'was dredged on either Side and all these people are asking to do is what has been done in the past. Trustee Nickles indicated that he had asked at the last meeting if this would be detrimental or beneficial and had not received an answer. He stated the people along this area feel it is beneficial to the community. Trustee Stoutenburgh said he was involved in that dredging project years ago and the people that owned that property did not feel it should be done because they wanted ti to be a natural .~reao 298 President Horton'noted thatthe property on the.north owned byMr. Robedee has been dredged. The property to thesouth of the land of the applicanthas been dredged. .It has been dredged~on both sides along~there and it isnothing new ~for the area. Mr. Robedee said the main reason he is dredging is not to get the fill. That is incidental because the fill~has to go some- where. It is a mud flat and no one wants to live on a mud flat. Trustee Stoutenburgh, still felt it would be sufficient to dr~dge a l0 foot channel and remarked that he had bought the Property in a creek~with a mud flat on it. Trustee Stoutenburgh still felt the trustees were being put in a-vulnerable position to which President Horton replied that the trustees over-the yearshave granted numerous permits for dredging and it has been broughtup on the uplands.. ~It-~-&s not new. He personally tries to consider an application 0nits own merits and not whether it was done in the past° He'has looked at this area as a-whole. It has been dredged, on bothi sides and doesn't' bl~me Mr-. Robedee for wanting ito Mote of the Board: Ayes: Horton, Harris, Hataier,~Nickles Nay: Stoutenburgh Mrs. Lorraine Terry appeared before ~the board to complain about an area where dikes, are being broken down by boats being dragged over them. She wanted to bring this matter to the attention of the .trustees. Trustee Harris will investigate the matter. P~esident Horton announced that all Suffolk County Dept. of Public Works are being postponed a year because current money can't be used and 'the jobs have to be put out on bid.' That ~ could take from six months to a year. Trustee Stoutenburgh said that in 1977 the.Suffolk County Dept. of EnvirOnmental Conservation wrote the North Fork Environmental Council and asked for imput about dredging of creeks~in Southold Town. The Council asked that the creeks be dredged any time but May, June and~Julyo He said he checked Cedar Beach and Mr° Lathsm's crane was going right into the middleof a tern colony. He called Mr. Eisenschmied and he didn't know anything about the dredging. It is probably being done with private funds. Trustee Stoutenburgh made a motion that the Board of Southold Town Trustees write to the Suffolk County Dept. of Public Works asking them to inform the trustees two weeks before any dredging is done in the town. Trustee Harris seconded the motion and it was carried. A copy of the letter is to be sent to Rudy Kammerer and the Southold To.wn Board. · 299 $ Trustee Stoutenburgh made a motion to extend Permit #1236 for maintenance dredging at Cedar Beach Harbor Inlet until Juue 7, 1979, at the request of the Suffolk County Department of Public Works. TruStee Nicklesseconded the motion and it was carried. Trustee Stoutenburgh made a motion to extend Permit #1239 for maintenance dredging at Brushes Creek until June 7~ 1979 at the requestof the. Suffolk County Departmentof Public Works~~ Trustee Nickles seconded the motion and it Was carried.. ~Trustee StoUtenburgh made a motion to extend Permit #1237 for maintenance dredging at Corey Creek until June 7, 1979 at the request of the Suffolk County Department of PUblic WorkS~ Trustee Nickles ~sec0nded the motion~s_nd it Was oarried. · · · Trustee Stoutenburgh made a motion to extend Permit #1238 for maintenance dredging at Halls Creek until June 7, 1979 at the request of the Suffolk County Department of Public Works. Trustee Nicktes seconded the motion and it was carried. The office has received copy of permit from the Department of Environmental Conservation and permit from the Army Corps of Engineers issued to the Leeton Drive Beach Association allowing construction of seven groins and two wave deflectors on the shore of Long Island Sound north of Leeton Drive for erosion control and beachstabilization purposes. There is nj.permit necessary from the Board of Southold Town Trustees as ~this work is being done in the Sound and is outside the jurisdiction of the-board~ On motion made by Trustee Stoutenburgh, seconded by TrUstee Nickles, it was RESOLVED to approve the application of Earle 0.' Dickerson to place an offshore mooring in Mattituck Creek subject to ~ receipt of information as to what public access will be Used and in what manner he will reach the mooring. ~Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh · On motion made by Trustee Stoutenburgh, seconded by Trustee Nickles, it was RESOLVED to approve the application of Charles Brockner to place an offshore mooring in Mattituck Creek subject to receipt of information as to what public access will be used and in what manner he will reach the mooring. 300 Vote of the Board: StoUtenburgh Ayes: Horton, Harris, Hataier, Nickles, On motion made by Trustee Hataier, seconded by Trustee Stoutenburgh, it was RESOLVED to approve the application of Gregory ~.~Runkel to place an offshore mooring at Mattituck Creek subject'to clarification of access. Vote of the Board: Stoutenburgh A~es: Horton, Harris, Hataier, Nickles, On motion made by Trustee Stoutenburgh~ seconded by Trustee Harris, it was RESOLVED to approve the application of Chester A. Berry, Jr. to placean~offshore mooring at Goose Creek off private property, with permission of lessee, subject to the mooring consisting of a 50 lb. mushroom anchor rather than a~cement block. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh On motion made by Trustee Hataier, seconded by Trustee Harris, it was RESOLVED to approve the application of Edward L~ ~Hoffman to place~n offshore~stake with pulley line to onshore stake at Arshamomaque Pond off private propertywith the permission~of' the owner. Vote of the Board: Stoutenburgh ~es: Horton, Harris, Hataier, Niches, On motion made by Trustee Stoutenburgh, seconded by TrUstee Hataier, it was '' RESOLVED to.approve the application ofEdward H, Schwiebert to place an offshore stake with pulley line t0'cleat on bulkhead at Arshamomaque Pond off private property of the applicant. Vo~e of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh On motion made by Trustee Harris, seconded by Trustee Nickles, i~t was 30i REs0~VED to aPProve the apDli~tion ~ Biil Tinyes for permission to use Town Stake #9 at Sterling Creek. Vote of the Board: Ayes: Horton, Harris, Hataier, Nick!esl, Stoutenburgh ':' ' ' .:~ "-i. - On.motion made gy'-Trustee Harris, seCOnded by'Trustee NiOkles, it was · RESOLVED tO approve" the application of Oa~td-B~ Ho'rion? fbr~ .:.' .' permission to use 'Town Stake #3 at Sterling Creek.~ Vote of the Board: Ayes: Horton, Harris, Hataier, Nick.les, ~ - .. On motion made by 'Trustee .'Harris, se~ondba_by Trustee Nickles, it was ~- RESOLVED to approve, the application of Harry Mottfor permission to use Town.Stake #1 at Sterling Creek~ Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh . '_~ '~. The s~akes in' Sterling creek are to 'be pu~ in by the applicant and spaced about ten ~o twelve 'feet' apart.' - On mo~ion made by Trustee Stoutenburgh, seoonded by TrUstee Harris, it was 'RESOLVED to approve the application, of Edward H. King to place an offshore.stake with. pulley line to onshore stake at Orient off private property with the permission of the owner. Vote of the Board: Ayes: Horton, Harris, .Hataier,.Nickles, Stoutenburgh . ~ .... ~.. On m0tio'n made by` Trustee Hataier, ~conded by Trustee Harris~ it was RESOLVED to grant the request of Paul. G. Edwards to relocate offshore mooring at James Creek off private property of the .applicant. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles, Stoutenburgh 302 On motion made by TrusteeStoutenburgh, seconded by Trustee ~Harris, it was ~ RESOLVED that upon request of~ the Southeld Town Board, Board of Southold Town Trustees hereby close Mill ~reek (ArshamomaquePond) and Halleck's Bay(Pete's Neck) for a period of ~hirtydays, exact da~es~to Ge determined by the Town Board, for the purposeof transplanting 600 bushel of polluted c~ams all with the approval of the Southold Town Baymen's Assoc&ation. the Vote of the Board: Stoutenburgh Ayes: Horton, Harris,.~Hataier, Nickles, On motion made by Trustee Hataier, seconded by Trustee Stoutenburgh, it was RESOLVED to approve the application of Jean Lohn to repair and rePlace existing bulkhead off private property of the applicant at Corey Creek. Vote '~f th~ B~ar~: Ayes:.~wHor~on~ Harris, Ha~ai~r~ ~·Nickles~ Stoutenburgh. ~ '~ On motionmade by Trustee Harris, seconded by Trustee Nickles, it was RESOLVED to approve the application of Steph~nMurdbSk to place an offshore stake with pulley line to onshore Stake 'off public right-of-way at Little Creek with the condition that it be place no more than fifteen feet from high water mark on the southerly side of~.the.~public, right-ofrway allowing~rg0m for boats to be launched. Vote of the Board: Stoutenburgh ~ On motion made by Trustee ~ataier, Herren, it was Ayes: Herren, Harris, .Hataier, Nickles, S~co~d~d' by P~eside~" RESOLVED to approve the application of Charles Berner to place a dockoff private property of the applicant at Mape's Creek branch of Mattituck Creek. Vote of the Board: Ayes: Herren, Harris, Hataier, Nickles, Stoutenburgh 303 ~ 0nmotion made by TruStee Harris, seconded by Trustee Hataier, it was RESOLVED that a letter be sent to all'permit holders in the advising them to place mooring n~mber0n stake or placque~ s three inches high~ Noncomp ~ltation of permits to,take e£fect ice. Vote of the Board: StoutenburghI Ayes: Horton, Harris, Hataier, Nickles, On motion made by TrusteeStoutenbUrgh, seconded by Trustee Harris, it was RESOLVED that the secretary of the Board of Southold~TQwn Trustees be directed to progress westerly as time permits informing all permithotders inthe Town of Southold that mooring numbers must be placed on stake or mooring in numbers three inches hi~g~. Noncompliance will result in cancellation of permits tQ take e£fect thirty days from date of notice. The Bay Constable, William Jauuick, andthe newspapers are to be contacted regarding this° Vote-of the Board: Ayes: Horton, Harris, Hataier,"Nickles, StOutenburgh A letter is to be written to the people on the waiting-list for moorings at Narrow River informing them that the trUst~es expect some moorings will be available in the area and ~asking them if they are still interested'. Some of these will be in the marsh- land. A letter .has been received from Nicholas J. Kauffman'as agent for Howard Petersen in which he asks to be provided with',a copy ofthe laws and regulations which govern the request of the Board of Southold ~Town Trustees to the Army Corps of Engineers to rescind its permit'to Howard Petersen. Trustee Stoutenburgh made a motion, seconded by Trustee Harris and carried that.a letterbe written to Mr. Kauffman and a copy of the section of the Code Of the Town of Southold which pertains to this matter be enclosed. A copy of this letter is to be sent to Francis J. Yakaboski, Esq., for his approval. Trustee Stoutenburgh made a motion, seconded by Trustee Harris and carried that a letter be written to the Army corps of Engineers informing them that the Board of Southold Town Trustees is concerned about a navigational hazard at Mattituck Creek caused bY the placing of pilings by Howard Petersen. This is also to be cleared with Francis J. Yakaboski, Esq., before being mailed. 30~. A letter has been received which was addressed to the Army Corps of Engineers and signed by Marie B. Johnson, President of the League of Women Voters of Riverhead/Southold. The.letter was in regard to six public notices for permits being applied for after the work_has already been accomplished. The League objects to thiS procedure for various reasons. Trustee Stoutenb~rgh made a motion that a letter be written to the Army Corps of Engineers supporting the position of the League of Women Vo~ers of-Riverhead/Southold and indicating that the Board agrees with the general concept' of the letter. ~It was the unanimous consensus of the Board that it agreed with Trustee Stoutenburgh's motion but it was not made an official action. Trustee Stoutenburghmade a motion that the Board of Southold Town Trustees would like to support t~he concept o£ a part-time s~mme~ patrolman in Mattituck Creek because of its large transient population and it being the largest creek in Southold Town. Trustee Nickles seconded the motion and it was carried. A letter has been received from Lorraine Dunhuber complaining about.a.snow fence being placed in the water in the creek. A letter is to be'written Ms. D~nhuber informing her that the Snow fence has been removed from the creek and the Board if contacting the Simonsens to tell them not~'to place anything below the high- water mark in the town waters. Trustee Hataier will contact the Simon~ens~' The next regular meeting of the Board of Southold Town Trustees wil'l be held Julys5, 1978. Motion was made by Trustee Harris, seconded by Tnustee Hataier and carried ~to adjourn the meeting. Meeting adjourned at 10:50 p.m. . ~ . · ~ Respectfully submitted, Muriel Brush, Clerk