HomeMy WebLinkAboutTR-12/30/2015 i
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John M.Bredemeyer III,President //'$ 4 O 71 Town Hall Annex
54375 Main Road
Michael J.Domino,Vice-President t ~ ® ` P.O.Box 1179
•James F.King,Trustee ; • Southold,New York 11971-0959
Dave Bergen,Trustee 1 y � , Telephone(631) 765-1892
Charles J.Sanders,Trustee Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD R CEIVED
Minutes JA 21 216
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Wednesday, December 30, 2015 eialett
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outhold Town Clerk
8:00 a.m.
Present Were: John Bredemeyer, President
Michael Domino, Vice-President
Jim King, Trustee
Dave Bergen, Trustee
Elizabeth Cantrell, Senior Clerk Typist
CALL MEETING TO ORDER
TRUSTEE BREDEMEYER: We are here for the purpose of a Special Meeting. It is 8:00
a.m., December 30. Notice having already been published. In the matter of the
reopening of the Wetland Permit application of Lark & Folts on behalf of Ellen Emery
1999 Revocable Trust, the two page notice by reference we will incorporate the two
page notice of the meeting as part of the record of this meeting. At this time I will open
this matter up for discussion and possible resolution.
TRUSTEE BERGEN: I believe the public hearing was closed at the last meeting is that
correct?
TRUSTEE BREDEMEYER: It is my understanding. The Clerk indicates yes the public
hearing was closed at the last meeting.
TRUSTEE BERGEN: Then I would like to offer a Resolution in this matter.
TRUSTEE BREDEMEYER: Please go forward.
TRUSTEE BERGEN: I have reviewed the file related to the different applications and
associated hearings which have taken place regarding the Emery property since
September 2011. I noted the following: Permit 7652 issued in September 2011 included
language specific to the size of landings being 32 square feet which was the code at the
time. I noticed in the minutes in the testimony of Miss Emery's attorney her statement
that Miss Emery had no clue that a permit was required for the Town of Southold for
work to be done. Yet our records indicate that Miss Emery applied for and received
Trustee Permit 111-13-6 in January of 1993 for work related to the property. Later in the
Board of Trustees 2 December 30, 2015
testimony given back in September of 2011, there is specific reference to the size of
decks on bluff along with additional information regarding specifics related construction
standards under 275. Attorney Lark specifically asked a question related to the size of
platforms and Trustee Dougherty again was very specific in her response saying the
Code at that time limited the size of platforms to 32 square feet. This requirement was
specifically listed in the Resolution of support for that Permit. Next we move to January
of 2012 when Permit 7706 was approved which again specified the construction of a
platform to be limited to 32 square feet as per code at that time. This was again
discussed in the testimony provided during the hearing on January 18, 2012. Next we
move to February 2013 where the Trustees approved Permit#8049 to address damage
resulting from Storm Sandy. It provided approval for the replacement of a bulkhead, a
retaining wall and beach access stairs. In the February 20, 2013 hearing a discussion
was held once again specific to the size of landings as being limited to 32 square feet
previously, but noting that the Code had been modified at that time to 100 square feet.
Next we move to June 2013 where an application was submitted for Permit 8222 which
included a retaining wall at the top of the bluff, a 100 square foot platform, a mid-level
retaining wall and associated returns. The applicant built the approved structures and
also built additional structures which were not approved, including an additional retaining
wall between the house and the top of the bluff and constructed over-sized platforms
and over-sized stairs to the beach. This brought us to the current permit application of
August 2015. During subsequent hearings the Board specifically addressed the fact that
additional structures were constructed without a permit plus the decks and stairs
exceeded the approved size limits. The Board found this very frustrating given all the
previous permit hearing discussions and conditions of approved permits. I asked
specifically Mr. Lark to go back to his client and ask her to consider the downsizing of
the platforms and beach stairs to comply with Code and to make an adjustment to the
retaining wall constructed without a permit between the top of the bluff and the house. A
subsequent hearing was held to address the permit application and the applicant failed
to appear for the hearing. The Board granted a postponement to the following month in
yet another attempt to obtain an answer to our proposed compromise. At the hearing
the following month the applicant was represented by an Engineer. Neither the applicant
nor the attorney of record elected to appear at the hearing. When the representative
was asked about the applicants response to our request for consideration of
amendments to the structures in question, the representative indicated it was his
'understanding the applicant was not willing to compromise. Given this extensive
hearing, the attempt by the Board to offer compromise and that the compromise was
rejected in total I feel that we have little choice when it comes to this application. As
such I would like to make a motion to Deny without prejudice this application. Further I
would like to conclude as conditions that all structures built without a Trustee permit be
removed prior to March 1, 2016. Plus all structures built that have been approved under
previous Trustee permits but whose dimensions do not comply with those set under the
previous Trustee permits, be modified to comply with construction standards indicated
on the previously approved permit again by March 1, 2016. I further want to enter onto
the record that should these conditions not be met within the specified time period that
the Town of Southold pursue a demand for action to have the removal modifications
made by the Applicant. That is my Motion.
TRUSTEE BREDEMEYER: The Motion has been made. Is there a Second?
TRUSTEE KING: I will Second.
Board of Trustees 3 December 30, 2015
TRUSTEE BREDEMEYER: Is there a Vote of the Board? Roll call vote?
TRUSTEE BERGEN: Sure. Trustee Bergen is Aye.
TRUSTEE KING: Trustee King -Aye.
TRUSTEE BREDEMEYER: I Recuse myself on advice of Counsel for having missed
the Hearing due to a hospitalization.
TRUSTEE DOMINO: Trustee Domino -Aye.
TRUSTEE BREDEMEYER: The Motion is carried. I will take a Motion to Adjourn unless
there is any other matter to come before the Board. I wish to thank especially Dave
Bergen and Jimmy King for coming in today. This was unforeseen from the beginning.
This very lengthy matter. I believe we did everything in our power to serve the Town
Code and I appreciate Dave's extra diligence in reviewing the history and creating the
Resolution in this matter. So with that I move to adjourn this meeting and wish Dave and
Jim well and all good things in the future.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in Favor?
(ALL AYES)
Respectfully submitted by,
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John M. Bredemeyer III, President
Board of Trustees