The URL can be used to link to this page

Home My WebLink AboutTR-12/23/2014John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, December 23, 2014 Town Hall Meeting Hall 5:30 PM PRESENT WERE: John Bredemeyer, President Michael Domino, Vice -President Jim King, Trustee Dave Bergen, Trustee Elizabeth Cantrell, Clerk Typist Lori Hulse, Assistant Town Attorney John I. RE -OPENING OF WETLAND PERMIT: DANA & MICHAEL SAVING requesting a Wetland Permit to repair/replace existing 100' long bulkhead with a 38' north return and a 64' south return using vinyl sheathing; remove and replace existing 100'x21' decking; temporarily remove and replace existing gazebo; and add approximately 275 cubic yards clean fill. Located: 1945 Bayview Avenue, Mattituck, New York, Suffolk County tax map 106-6-37. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RECEIVED AN 21�Q1�; :lopnj Southold Town Clerk TRUSTEE BREDMEYER: We'll reopen the hearing. At this point I would like to call the meeting to order. Would everyone please rise for the pledge of allegiance. At this time I would like to take a motion for approval of the Minutes of the special Trustee meeting held here on December 10th, 2014. TRUSTEE KING: I'll make that motion. TRUSTEE BREDMEYER: Motion has been made by Trustee King. Is there a second? TRUSTEE DOMINO: Second. TRUSTEE BREDMEYER: Second by Trustee Domino. All in favor? (ALL AYES). Board of Trustees 2 December 23, 2014 At this point we are here in the matter to vote a resolution after the special public hearing which was held on December 10th, 2014, in the matter of DANA & MICHAEL SAVINO requesting a Wetland Permit to repair/replace existing 100' long bulkhead with a 38' north return and a 64' south return using vinyl sheathing; remove and replace existing 100'x21' decking; temporarily remove and replace existing gazebo; and add approximately 275 cubic yards clean fill. Located: 1945 Bayview Avenue, Mattituck, New York, Suffolk County tax map 106-6-37. 1 understand that counsel, Lori Hulse, will be reviewing documents that may have been submitted after that hearing record. MS. HULSE: For the record, during the discussion of the hearing, Mr. Goggins referenced a deed that was attached as Exhibit I to the litigation papers previously submitted. Those referenced papers do not include a stamped deed; and Mr. Goggins referenced affidavits from the title insurance company, and those affidavits have not been received by the Board at this time. The documents that have been forwarded are copies of the DEC permit and survey, which the Board has for its consideration tonight. TRUSTEE BREDMEYER: Thank you, Counselor. At this time I would like to note for the record there does not appear to be anyone here to attend this meeting, the meeting hall being empty but for the several Board of Trustees; our clerk, Elizabeth Cantrell; our counsel, Lori Hulse; and Wayne Galante, our court reporter. At this time I would like to enter into a motion a resolution in this matter. I would request that Trustee King, if you would kindly read the motion for the record and for action of the Board. TRUSTEE KING: This is our resolution that has come before the Board: Whereas, Michael and Dana Savino applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 3, 2013. This application was referred to the Southold Town Conservation Advisory Council for their review and it was resolved by the council not to support the project. The Trustee Board members have personally viewed and are familiar with the premises in question and the surrounding area; the Board has considered all the testimony, documentation and photos submitted concerning this application during three public hearings; based on the findings, the Board has determined this project does not meet the standards for issuance of a Wetland Permit under Section 275-12 of the Wetlands Shoreline Code as follows: Number one. Replacement of this bulkhead inplace will adversely affect the wetlands of the Town, by restricting the size and productivity of the existing wetland area. Number two. Inplace replacement will adversely affect fish, shellfish or other beneficial marina organisms, aquatic wildlife and vegetation or the natural habitat. Number three. Inplace replacement will cause turbidity and siltation in an area further seaward than any existing bulkhead in the area of Mattituck Creek, which negatively affects the feeding ability of shellfish naturally occurring in the creek. Number four. The bulkhead in its present location does change the natural movement or flow of the tidal waters, and replacement inplace would continue to do so. Number five. Inplace replacement of this bulkhead will adversely affect the aesthetic value of the wetland and adjacent areas as the fixed structure juts out approximately 15 feet beyond the natural shoreline. Number six. Inplace'replacement will be detrimental to the health safety and welfare of the people of the Town. In addition, the Board has reviewed a stamped recorded deed dated December 7th, 2012, considered of first instance and made part of the record of the public hearing held December 10th, 2014, reflecting the transfer of real property to the applicant. A review of the metes and bounds, Liber 12716, Page 712, shows the existing bulkhead to be 18 feet seaward of the Board of Trustees 3 December 23, 2014 Savino property northeast corner and is actually situated on patent lands owned by the Town of Southold since 1676. A New York State DEC Tidal Wetland Permit was issued for this bulkhead replacement which include conditions: "Permittee is responsible for obtaining any other permits that may be required to carry out the activities that are authorized by this permit" and the permit "does not convey to the permittee any right to trespass upon the lands or interfere with the rights of others in order to perform the permitted work. Therefore be it resolved that the Town Board of Trustees denies without prejudice the application of Michael and Dana Savino to repair/replace existing 100 feet of bulkhead with a 30' north return and a 64' south return using vinyl sheathing, remove and replace existing 100'x21' decking, temporarily remove and replace existing gazebo and add approximately 275 cubic yards of clean fill at 1945 Bayview Avenue, Mattituck, Suffolk County tax map 106-6-37. TRUSTEE BREDMEYER: Former President King, is that your resolution? TRUSTEE KING: I move this resolution. TRUSTEE BREDMEYER: Do I hear a second? TRUSTEE DOMINO: Second. TRUSTEE BREDMEYER: Second by Trustee Domino. All in favor? TRUSTEE BERGEN: Discussion. TRUSTEE BREDMEYER: Point of discussion. TRUSTEE BERGEN: Point of discussion is that the north return is 38 feet, not 30 as was just read. It's 38 foot north return. TRUSTEE BREDMEYER: Thank you, Trustee Bergen. Motion second, for discussion. Any additional discussion? (No response). Hearing none, vote of the Board? (ALL AYES). TRUSTEE BREDMEYER: Let the record reflect it was ayes all, excepting Charles Sanders who is not present. TRUSTEE BERGEN: Motion to adjourn? TRUSTEE BREDMEYER: Motion to adjourn. TRUSTEE KING: Second. TRUSTEE BREDMEYER: All in favor? (ALL AYES). Respectfully submitted by, dw— *.,, 4�� jay - John M. Bredemeyer III, President Board of Trustees RECEIVED Z, l,4 JAN ? 3 20115 0-51 (610,1) SoQ wn elerk