HomeMy WebLinkAboutTR-07/30/1997 Albert J. Krupski,President �O��S�FFO(�C®G Town Hall
John Holzapfel, Vice President y< 53095 Main Road
Jim/King yo P.O. Box 1179 Z
Martin H. Garrell O Southold,-New York 11971
Peter Wenczel ��j0.! �a0� Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
JULY 30, 1997
'PRESENT WERE: Albert J. Krupski, Jr. , President
John Holzapfel, Vice-President
Peter Wenczel, Trustee
James King, Trustee
Martin Garrell, Trustee
.Diane Herbert, Clerk
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: WEDNESDAY AUGUST 20, 1997 at 12 NOON
TRUSTEE KING approved, TRUSTEE WENCZEL seconded. ALL. AYES
NEXT TRUSTEE MEETING: WEDNESDAY AUGUST 27, 1997. at. 7 : 00 p.m.
WORKSESSION: 6:00 p.m.
TRUSTEE HOLZAPFEL approved, TRUSTEE GARRELL seconded. ALL AYES
APPROVE MINUTES: Approve minutes of June 25, 1997 Regular
TRUSTEE KING approved, TRUSTEE GARRELL seconded. ALL AYES
I. MONTHLY REPORT: . The Trustees monthly report for May 1997: A
check for $2,822. 16 was forwarded to the .Supervisors' s Office
for the General Fund. ,
II. PUBLIC NOTICES: Public Notices are posted on the Town
Clerk' s Bulletin Board for review.
*At this point of the meeting a Commoner' s Claim Deed was
presented to the Trustees by Philip Horton and Katherine Mayne
TRUSTEE KRUPSKI: Is there anyone here for item number III
AMENDMENTS/WAIVERS/CHANGES?
TRUSTEE KRUPSKI Because we ran late with the Commoner' s Deed we .
would like to go right to the PUBLIC HEARINGS. So if everyone
would skip that part until the end of the meeting. If anyone has
anything that could be held, up and has only one item on the
Agenda on Page I, II or part of page III we can proceed.
56ard of Trustees 2 July 30, 1997
We' ll go right into the PUBLIC HEARING.. Do I have a motion to go
off the regular meeting?
TRUSTEE WENCZEL: So moved.
TRUSTEE CARRELL: Second. ALL AYES TRUSTEE KRUPSKI: Tonight we
.have seventeen public hearings which is quite a lot. If anyone
would like to speak please come up to the microphone and
identify yourself for our records and if possible keep your
comments brief and organized.
TRUSTEE KRUPSKI: The first item on the regular agenda is to set
the Field Inspection date Wednesday August 20 at 12 noon. Does,
that meet with everybody' s schedule? Do I have a motion on that.
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE KRUPSKI: The next trustee meeting would be Wednesday
August 27, at 7: 00 with .a 6:00 worksession. All .in favor?
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE GARRELL: Second. ALL AYES.
TRUSTEE KRUPSKI; Do I have a motion to approve the minutes of
the JUNE 25 regular meeting?
TRUSTEE KING.: So moved.
TRUSTEE GARRELL: Second. ALL AYES.
IV. HEARINGS:
THIS IS A PUBLIC HEARING. IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCK OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO
ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE ( 5) MINUTES OR LESS, IF POSSIBLE
1. John Geideman on, behalf of JOHN ELDER requests a Wetland
Permit to construct 2- 40' groins as per drawing dated 2/7/97.
Located: 110 Cleaves Point Road, East Marion. SCTM #38-2-32
TRUSTEE KRUPSKI: I'd like to do Public Hearing # 1,2,3,4,
altogether as one PUBLIC HEARING as they are all projects that
relate to one another. Is there anyone here that would like to
speak in favor of the application?
MR. EDLER: Yes I 'm Mr. John Edler and with me is Mr.
Napolitano; #200 Cleaves Point Road. * I will try to forward this
information just to coordinate your records with ours. Now
Diane is this working this time?
CLERK DIANE: Yes.
MR.EDLER: Very good. We received word from the DEC that as of
JUNE 25th they have all applications that they are starting to
study, however, when noting it they put the word 'dredge' after
the application and that started excitement with the Army Corps
of Engineers so they made contact right after the last meeting
for us to get all the forms in. for the permit to dredge. We
T Board of Trustees 3 July. 30, 1997
sent them the latest drawing stating that there was no dredge or
no fill. They could see the latest plan and that even some of
the pictures we showed them there, it was non-applicable waters
to go over the rocks. And just the other day we received from
the committee that surveys it, that the application for the
permit is warranted. Obiviously they didn' t read. the note
stating that we are not dredging, that we are not filling and .
not in navigable waters. So maybe you could contact the DEC
officials and explain this. We sent another letter to the Army
Corps of Engineers stating this.
TRUSTEE KRUPSKI: Awfully optimistic of you.
MR. EDLER: About what?
TRUSTEE KRUPSKI: About us having any influence with the DEC.
MR. EDLER: Well it might not necessarily be the DEC but I just
note to you. . . but we are trying to do the. . . . once something
gets into a computer, .it. . .
TRUSTEE KRUPSKI: Who have you contacted? Who has the problem
with it?
MR. EDLER: We were in direct contact with the Army Corps of
Engineers. So we have a name we would be sending it back to just
reiterate the fact that if they look at the plans we were not
asking for an application to dredge. That this proved that it
was non-dredge non-fill reply. I just think that Darlene had
put into the computer since the word fiddle was in it and the
fact the dredge and then they said the note as of June 18th
about the fact that we had to go through a 'procedure- to fill out
this environmental form about dredging.
TRUSTEE KRUPSKI: But filling will be part of the application.
Right?
TRUSTEE WENCZEL: It will be refilling the groins.
MR. EDLER: But not because of the dredging. See we're. back to
the discussion like before. The sand is not gonna come from our
dredging. The sand if any that is filled is coming from the
dredging (Could not understand what Mr. Edler was saying) .
TRUSTEE KRUPSKI: Right, Right.-
MR. EDLER: So we do not need U.S. Army Corps of Engineer
dredging permit.
TRUSTEE KRUPSKI: I agree.
MR. EDLER: Zo we' re not dreding.
TRUSTEE: HOLZAPFEL: But you' re going to prefill the .groin.
TRUSTEE KRUPSKI: I .think what Mr. Edler' s contension is that it
is not in applicable waters.
MR. EDLER: We' re not disagreeing that we're not going to fill
the groins, we're just pointing out we do not need an Army Corp.
of Engineers to dredge to get the fill. You told us last week
that we could go right now and fill the thing under Aqua Foods.
So therefore technically with the Army Corp of. Engineers we do
not need the dredging permit.
TRUSTEE GARRELL: Right. There is no problem with that. Its just
that you do have the concept that you are going to fill.
MR. EDLER: Oh yeah. That is why I wanted to state clear in this
(could not hear, papers shuffled) that there are certain trained
people that if they see a word, push a button into a computer,
and unless you pull the plug you' re never gonna get it out. So
Board of Trustees 4 July 30, 1997
I just wanted to alert you that it' s not because we' re not
dragging our heels, but we' re in one of these -computer snafus.
It would be senseless to put in groins and not fill them and
they would be just shoots to a wave impact.
TRUSTEE GARRELL: Besides sending letters are you going to try-
phone contact with these people and follow ups. . . . . . . . . . . . .
MR. EDLER: Oh yes we have phone numbers. He just brought it to
my attention Monday so I told him in black and white so we had
it on record. The other thing is so that the people here can
understand, what exactly is a Grandfather resolution?
TRUSTEE KRUPSKI: Well a Grandfather would be a resolution for
grandfather permit. This board will grant a Grandfather Permit
for that structure so that it can be maintained in its present
form and function.
MR. EDLER: In present form. That is inkind and. inplace?
TRUSTEE KRUPSKI : That' s right.
MR. EDLER: Does that include renovation, alteration?
TRUSTEE KRUPSKI: Not alteration. Only in kind and in place.
MR. EDLER: Another part of it is its also to protect the
homeowner so that no later requirements can be placed upon it.
Like to suggest that the next time we' ll pull your bulkhead and
retreat to the sea. Why I'm getting at this is basically to get
to Aprea' s. And it also dawned on me that in all of these
which we are discussing, we also have a Grandfather Resolution
which you gave to us in a northeastern of 1992. Someone also
raised the point since there are groins already there
established in the 1930's done by both the State and Federal
Government to indicate that it was already a groined area. And
the possibility some of these requirements are dealing with
things that were Grandfathered. Not necessarily trying to
avoid the groins but these are added considerations. So that' s
why the question would be an application.. . (Cannot understand
words that Mr. Edler is saying) . and the existing groins that
are still functioning in front of us which are locked were put
in the 1930' s all prior to this. Now I want to get to the
attendance by Mr. Muir and myself of October 26, 1995 when you
were dealing with Aprea. You've had a fact that these might
affect the beach and I've tried to get representatives of the
property owners association. I 've pulled out of the records,
and maybe you have the file, of the resolution on Aprea. On
the west end they elevated the groin by 20" the whole 160' of
it, then they put a stringer on both sides- and then added 2
pilings. Now that is not inplace and inkind.
TRUSTEE KRUPSKI: Alright you notified Diane and she called the
Bay Constables he went out and I have a note that says on the
west side of the property the retaining wall has been raised two
feet and not the groin.
MR. EDLER: Well what goes into the water and what in your own
definition. . . . . and if you look at the diagram of the plan the
Constable is like a. boy going to do a man' s job. Now in
technical areas, so what' s the difference between a retaining
wall, by your own picture and what is shown. The retaining wall
is in by the house. What we' re dealing with is what is referred
in both the Grandfather Resolution as part of the west jetty and
Board of Trustees 5 July 30, 1997
then the fact there is a 50' extension groin off of it and by
your resolution you say pull in to ` 40' at the junction.
TRUSTEE KRUPSKI: Yes we shortened that but we should. . . . but
this really dosen' t pertain to your application and we
should. . . : we'.re gonna for the record we' ll go out and. look at
it ourselves in spite of the fact that Bay Constable has already
been sent.
MR. EDLER: I mean it is a confusing thing. I'm not squalking but
they do have so many other headaches. So its sand is packed
against one thing and your holding the base_ for a house that is
a retaining wall and they did replace that retaining wall to the
west
TRUSTEE KRUPSKI: Is the work completed on that?
MR. EDLER: There were fifteen or sixteen stays or sheathing when
I reported it. They went narrowly on their way and finished it.
TRUSTEE KRUPSKI: I wish we would have known about that when we
went out on field inspection last week.
MR. . EDLER: That is why I mentioned it on Tuesday knowing that
you were going to be in the field inspection. I think Mr. Muir
contacted John. And John assumed that the Bay Constable was
going down there.
TRUSTEE HOLZAPFEL: I called Diane and in turn Diane called the
Bay Constable.
MR. EDLER: I know the specialty here is you get a permit and you
don' t pay attention to it, and then when you complete the work
then (could not understand him) . I think it can be solved with a
good chain saw and a walk down the top of the bulkhead in less
than 40 minutes.
TRUSTEE KRUPSKI: Thank you. Take care. Is there anyone else who
would like to speak in favor .or against this application or
these series of applications? Alright if there are no further
comments, any board comments. on that? I ' ll make a motion to
_ recess the public hearing till next month' s meeting.
TRUSTEE. HOLZAFEL: Seconded.
TRUSTEE KRUPSKI: All in favor? ALL AYES.
TRUSTEE KRUPSKI: I noticed some people just coming in. Are you
here for the triple application by any chance? 'I noticed that
Matt-A-Mar contract vendee application. I asked Diane to notify
all interested parties includes yourself there wouldn' t be
anything on the meeting tonight.
CLERK DIANE: I did that.
TRUSTEE KRUPSKI: Recess it because it' s still open. Alright
we' ll move right on. 5.
5. En-Consultants Inc. , on behalf of ALAN CARDINALE requests a
Wetland Permit to dredge an area- approx. 30' X 100' to a maximum
depth of 4' below ALW. Resultants 110+/ - c.y. of spoil will be
deposited on previous upland disposal as indicated on .site
plan. Located: 1134 Bridge Cutchogue. SCTM #118-1-9.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the applicated?
ROB HERRMANN: I 'm here to represent Mr. Cardinale.
TRUSTEE KRUPSKI: Good to see you Rob.
MR. HERMAN: Apparently one of the. . . . well I guess the primary
issue from the last public hearing was proof of prior dredging
Board of Trustees 6 July 30, 1997
in the area. I 'd spoken with both ALAN CARDINALE SR. & JR. this
week and my understanding is that there on the lot. . . the front
lot is the first as you come through the channnel has been
dredged multiple times and I think we actually. . . . the last time
I was here a few years ago was when Wunneweta Pond
Association. . . . basically when Wunneweta finishes their
dredging. . . . has been showing up real bad in front of that
property
and they would like to basically sort of complete in their
opinion the Wunneweta Dredge Project. So all of the permits that
I just handed to the board were all. . . . none issued to the
Cardinale property. They were all issued to the adjacent area
Wunneweta Pond Association channel. The photograph that Diane
had. . . I think Alan Jr. brought over today is just to show I
don' t remember what year that was ; from within the last 15 or 20
years where the old site was and it looks from Diane' s drawing
that .they are looking to use the same location and that' s not
what the picture says. The picture and the sketch matches the
picture to me in that same general area.
TRUSTEE KRUPSKI: Can you, show us?
TRUSTEE: GARRELL: Yes. Because we were just out there last week
and we unless I 'm looking at the wrong thing it is possible.
This is the area that you have on here- on the map so there
showing it to come up right around here.
TRUSTEE KRUPSKI:' They granted them a permit to put in a pool
extra didn' t they right out in front here?
ROB: Yes. I think there was because that is showing on the
revised share for a swimming pool. Yes . their showing the same.
TRUSTEE HOLZAPFEL: According to your application this is where
you want to put it. Back .in the middle of the woods.
ROB: And that is where Diane' s pictures show too. Would you
prefer that it come back out in this area?
TRUSTEE KRUPSKI: Probably the best area for it. It looks like
this was previously a Wetland and it was dredged and filled that
is was it looks like.
ROB: See that would be difficulty for me if I was starting this
from stratch that would be a picture perfect place for me as
well so I'm not sure of what the. . . .
TRUSTEE KRUPSKI: I was thinking an area like this was once
dredged would be pretty stable for years to come and that the
dredge oil site would be replanted and ,that would be the end. of
it.
ROB: Well apparently just after the last time Wunnewata went in
and dredged Alan Sr. told me it shoaled up real bad in that area
and they just want to continue through basically right in here.
TRUSTEE KRUPSKI: I think it would probably be best if it ran
with the lagoon entrance dredging.
ROB: I was gonna say if there was some way the two of them could
combine.
TRUSTEE KRUPSKI: Doesn' t the county do the lagoon? Because that
is public land. I thought the county would do the lagoon. No I
understand they wouldn' t do this, I 'm just saying I think the
county would do the lagoon.ROB: So if the concern is to amend
Board of Trustees 7 July 30, 1997
the spoil site to document the previous site I don't think Alan
would have a problem with that.
TRUSTEE HOLZAPFEL: Just a concern if it moves over here we don' t
want it to build up.
TRUSTEE KRUPSKI: There is .not that much room back here.
ROB: Well you have. . . . I mean is this mostly logic or is there a
specific objection to the spoil site opposed?
TRUSTEE HOLZAPFEL: Well the Wetlands are right there.
TRUSTEE GARRELL: You could put the spoils in the . swimming pool.
I mean this spoil site shows its right there.
TRUSTEE KRUPSKI: What makes this look like dredge and fill is
because there is a nice little Wetland area just like a reverse
island.
TRUSTEE HOLZAPFEL: Right. Okay. You're not gonna be dredging now
anyway right..
ROB: I don't think he was gonna start righ away.
TRUSTEE KRUPSKI : I mean he could also put it to the side and
dewater it and truck in away a few hundred yards.
ROB: So if that is your feeling I ' ll talk to Alan and then I ' ll
get back to you Diane but I don't think you' ll have a problem .
with that. Like I say I'm not sure why that wasn' t done in the
first place.
TRUSTEE KRUPSKI: This is Trustee bottom here? This is all public
bottom. He' ll have to pay for this.
ROB: What are you' re fees? Now is it ten dollars?
CLERK: Ten dollars per cubic yard.
ROB: Okay. Now those other fees they' re only paid at the
initial application?
CLERK DIANE: Right.TRUSTEE KRUPSKI: We' re familiar with the site
but that is not a considerable site he' s got. Either he has
another site on the property or not that. He' s got enough room
to work there. He' s really not constrained by he' s got a piece
of equipment in there anyway.
ROB: Okay. Alright.
TRUSTEE KRUPSKI: Let' s just put all that in the file. No I don' t
think there is any rush on this so we could table this for a
month?
ROB: How do you want to handle it? Do you want an approval
pending with the supervised plan?!
TRUSTEE KRUPSKI: I 'd rather table it because there is to many
ways to go. Is there anyone here who would like to speak in
favor or against this application? Board you have anything else
to add to it? I ' ll make a motion� to table this.
TRUSTEE GARRELL: I ' ll second it.
TRUSTEE KRUPSKI: Until next month. Just make a note the reason
for the dredge spoil site. All in favor? All Ayes.
6. En-Consultants Inc. , on behalf of MURIEL A. SCHWARTZ
requests a Wetland Permit to contstruct 100 l.f. of timber
retaining wall with 2 - 8' returns, and backfill with 60 c.y. of
clean sand. Existing stairs and dock will be removed during
construct of retaining .wall and then replaced. NOTE: Applicant
wishes to Amend this project to use stone rip-rap wall placed at
the toe of the bluff instead of timber retaining wall as per new
i
Board of Trustees 8 ' July 30, 1997
revised plans dated and received July 15, 1997. Located; 2425
Mill Creek Drive West, Southold. SCTM #51-6-40.
TRUSTEE KRUPSKI.: Anyone here want to speak in favor of the
application.
ROB: On behalf of MURIEL A. SCHWARTZ. Diane I just wanted to
pointed out there is an error in that discription that the plans
are July 11, 1997 just so that is consistant. The last time
the board met which regarded a project there had been originally
a proposed timber -retaining wall landward of the spartina that
stablized the bluff at which point the more sensible plan of
using a rip-rap there was suggested when advised on the llth.
The application still as proposed that would be changed to use
stone if 'they .wanted to tear up landward of the marsh rather
than on the retaining wall.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor or against this application? Have you visited the site Rob?
ROB: I saw Diane' s pictures and then went down.' I don' t know
if these are the pictures you have.
TRUSTEE KRUPSKI: It' s a pretty interesting spot. He did make an
effort to remediate.
TRUSTEE WENCZEL: It makes a lot more sense to have lights down
there.
TRUSTEE KRUPSKI: .That was our concern. Do I have a motion to
close the hearing?
TRUSTEE WENCZEL: So moved.
TRUSTEE HOLZAPFEL: Second. ALL AYES.
TRUSTEE HOLZAPFEL: .I ' ll make a motion that we approve the
application to use stone rip-rap wall instead of timber
retaining wall as, the revised plan.
TRUSTEE WENCZEL: Second. ALL AYES
7. TRUSTEE KRUPSKI: This application has been tabled.
8. Proper-T Services on behalf of BARBARA THOMPSON requests a
Wetland Permit to reconstruct an existing dock as a 4' X 30'
fixed walkway, a 4' X 16' hinged ramp and a 6 ' X 20' float with
2 spiles to secure float. Locate: 1250 Lupton Point Road,
•Mattituck. SCTM #115-11-12.
TRUSTEE KRUPSKI: Would anyone here like to speak in favor of
the application?
JIM FITZGERALD: I don't have anything to add to the application.
TRUSTEE KRUPSKI: Does the board have any questions? Is there
anyone else who would like to speak on behalf or against the
application? Do I have a motion to close the hearings?
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE CARRELL: Second. ALL AYES
TRUSTEE WENCZEL: Move to approve.
TRUSTEE HOLZAPFEL: Second. ALL AYES
9. Proper-T Services on behalf of MICHAEL. DI LEONE requests a
Wetland Permit to replace 1- 16' section of bulkhead
inkind/inplace and 1- 40' section, add a 4' X 6' platform floats
and dredge an area approx. 4' X 35' to a depth of 4' below ALW,
Board of Trustees , 9 July 30, 1997
yielding approx. 15 c.y. of spoil. Located: 940 Tarpon Drive
Southold. SCTM *57-1-10
TRUSTEE KRUPSKI: Anyone here would like to speak in favor of the
application?
JIM FITZERGALD: Again its all there in the application and I
don' t have anything to add. Be. happy to answer your questions.
TRUSTEE KRUPSKI: Thank you. We have notes from the CAC that
recommend approval with provisions. The question is whether the
full scope of the project is necessary whether it could be
downsized as far as the dredging and floats go and whether
also. . . . . something just came to my mind, the dredge spoil site
is on the application.
JAMES FITZGERALD: The dredge spoil would be used as back fill,
for clay material that is behind the bulkhead now would be
excavated and disposed of be replaced with the dredge material
and the balance of the material would be (Can't understand rest
of sentence) .
TRUSTEE KRUSKI: Any other questions? Does anyone have any
comment on this application?
TRUSTEE HOLZAPFEL: We talked about a 10' nonturf. buffer.
TRUSTEE. KRUPSKI: Nonturf buffer with the applicant at our field
inspection.
MR. FITZGERALD: The applicant said yes and along the bulkhead
and the area that was disturbed which is almost the whole length
and we spoke which was ever appropriate for him. Do I have a
motion to close the hearing?
TRUSTEE GARRELL: So moved.
TRUSTEE KING: Second. ALL AYES
TRUSTEE HOLZAPFEL: I' ll make a motion that we approved the
application of MICHAEL DI LEONE to replace 1 ,16' section of the
bulkhead in condenplate with 40' section add a 4' X 6 ' platform
attached to the bulkhead and a 4' X. 16' ramp 2 . 5' X 20' floats
dredging area approximately 4' X 35' 4' a depth of 4' below ALW
and with the stipulation of there would be a 10' buffer along
the new bulkhead replace bulkhead.
TRUSTEE KING: Second. ALL AYES.
10. Proper-T Services on behalf of JAMES MILLER requests a
Wetland Permit to install a metaljsculpture on a platform
situated over the end of an existing wooden groin on his
property, one or two feet above ordinary high. water supported by
4 to 6 piles. Located: 1610 Paradise Point Landing, Southold
SCTM #81-3-19.4
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
JAMES FITZGERALD: I represent Mr. � Miller and if there is any
questions I 'm here to help in the application.
TRUSTEE KRUPSKI: Is there anyone else who would like to speak
either on behalf of or against the application?
ANN SMITH: I would like to speak against the application. My
name is ANN SMITH and I'm a southern property owner of MR.
MILLERS. Not an immediate property owner about two properties
down. My sister and I Ruth Meyer own property and we feel that
this sculpture which I believe which was described in the
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Board of Trustees -- , 10, July 30, 1997
Suffolk Times as 35 ' tall. Taller 'than most trees that are there
now which were there over 100. years ago as I know because the
property we owned was the house was originally on it was built
over 100 years ago in 1900 and most of those trees were little
ones that started then or before that. You' re talking about a
structure that is going to stand out on the sand. I do believe
that it was described as standing �on the 8 X 8' platform and 8 '
wide and 8' long etc. We just feel that this is going to prove
to be somewhat of a nuisance,but a nuisance to the south of us
we have the Southold Town beach of which there are many many
people who come and they are very -welcome and they use it very
nicely and so forth but I feel that this might be something that
is going to draw these people up the beach not just summer and
winter. Alright maybe just for a few years but those first few
years its gonna prove rather hardion all of those neighbors
who own property south of this structure. And that is all about
I have to say.
TRUSTEE KRUPSKI: Okay.'
ANN SMITH: I also want to say it also gonna draw a lot of
water traffic. There are a lot of ;families there with a lot of
children that have now come and 'you can't always ,trust some of
the -bunk people if they don' t know how to operate properly where
a crowd of people.
TRUSTEE KRUPSKI: Just a brief answer to your comments ma' am. The
land below main high water is state property and everyone in the.
state has a right to pass over. that so whether this-. . . . . Our
concerns mainly are environmental ;concerns and- what this
structure is gonna have an impact !on the environment we're
looking at it as really as the same as we looked on it structure
productive boats or any other structure that would be in that
area.
ANN SMITH: I believe you have' a few letters also.
TED WELLS: I'm a. life long resident in Southold Town and I'm in
favor of it. A little change in this town would never hurt
anybody and it' s not gonna impact as far as the board, because
it' s above the high water mark and as far as a little change in
this town doesn't hurt. When somebody sees something different
going up they get all panicking and I don' t believe it' s gonna
hurt one thing so I'm in concern of the favor of it.
TRUSTEE KRUPSKI: Thank you. Wouldianybody else like to speak?
Does the Board have any comments? :
TRUSTER GARRELL: Yes I do. What' s the problem with putting the
sculpture on the land instead of putting it on the bay bottom?
JIM F: I think it' s an aesthetic .thing.
TRUSTEE GARRELL.: It seems to be a problem with some of the
people. Aesthetically that' s debatable. Who's the sculpture
that did this?
(Could not hear the name of the sculpture)
TRUSTEE KRUPSKI: The CAC tabled the application pending more
details concerning the structure and the aesthetic value of the
structure-. I don' t know if we want to vote on' the aesthetic
value of the structure I .
TRUSTEE WENCZEL: No I don't think we can.. Maybe it' s misworded
but it says. "situated on the edge of the existing groin on his
Board of Trustees , 11 July 30, 1997
property." Isn' t the tie line for that property. . . is at the
bulkhead right? So that beach is public property?
JAMES FITZGERALD: The groin. is not far beyond his property the
end of' the groin is on state property.
TRUSTEE WENCZEL: I thought from the survey. . . . maybe I misread
it. . . .this is the bulkhead where the concrete wall and that' s
the tie line isn't it?
JAMES FITZGERALD Yes.
TRUSTEE WENCZEL: So that the beach itself is not their property
correct?
JAMES FITZGERALD: It would appear that way.
TRUSTEE WENCZEL: Okay. I just wanted to clarify that.
JAMES FITZGERALD: Although it doesn' t say property line it shows
it the correspondence in the baring.
TRUSTEE GARRELL: So that' s not their property?
JAMES FITZGERALD: No it' s the stateeIs property.
TRUSTEE KRUPSKI: The board is able to get past the sculpture for
what it is and try focus on on the use of public property. I
think that is the issue here and when you get into use of public
property this is an unconventional use but is it anymore unusual
then someone putting a dock out in front of their property on
state property to moor a boat. It' s a structure for the
applicant' s enjoyment.
TRUSTEE GARRELL: The difficulty I have in concept Al though is
that a dock is largely two dimensional and squat. This is a
vertical and you know I'm thinking of all the arguments that I
hear about microwave towers and phone communications_ towers and
wind generators and it' s the vertical problem. It' s not how
.much bottom it sits on that' s what bothers people to worry/
TRUSTEE KRUPSKI: When you went out there what advantage point
did you look at it from?
TRUSTEE GARRELL: I was looking at, ,the pictures to scale.
JAMES FITZGERALD: Can I just point out that with regard to the
height of the sculpture which is 35' the height of .the plug in
that area is 25' above mean low water so that the sculpture is
certainly not higher than any of the trees that . are on the
bluff. And viewed from the bluff it' s. not gonna look like it' s
sticking up in the air. And just in passing the. . . and only for
the boards information in reference, the Towns Zoning Code
exempts monuments, if you will, from height restrictions.
TRUSTEE WENCZEL: I would just like to make one point. This
application is for a Wetlands Permit and when we issue a
Wetlands Permit the code gives us a number of specific standards
which we have to utilized when we evaluate whether or not the
Wetlands. Permit is appropriate and I'd just like to confirm by
this information read what those standards are. It says here
that the trustees may adopt a resolution directing the issuance
of a permit to perform operations applied for only if it
determines that such operations will not substantially a.
adversely effect the. Wetlands of the Town. b. Cause damage from
erosion terbidity or siltation, c. Cause saltwater intrusions
into the freshwater resources of the Town, d. adversey
d. Adversely effect fish, shellfish or other beneficial marine
organism aquatic wildlife and vegetation of the natural
Board of Trustees 12 , July 30, 1997
habitation thereof. e. Increase the danger of floods or storm
tide damage. f. Adversely effect the navigation on title waters
where the title flow of title waters in the town. g. Change the
course of any channel or natural movement or flow of any water.
h. weaken or undermine the lateral support of other lands in the
vicinity. i. otherwise adversely effect the health safety and .
general welfare of the people of the town. I don' t think the
sculpture does any of those things and it doesn't say anything
in here about aesthetic sensibilities which we all have. There
are a number of structures that were recently built on the bays
of this town which are aestheticallyoffensive to me to say
the least. It doesn't say anything in here about the use of
public property. Although that is something that we have always,
the Trustees, have always had to consider. It's part of their
job to protect the public property for the good of the public,
for the people of the town of Southold. I think when we make our
ruling we have to go by the standards.
TRUSTEE KRUPSKI: - I would just like to make one other comment.
Would it be possible. . . .well first a question. How, because
this isn't town property, this is on state property, how have
you applied to the state and how far has that gone?
JAMES FITZGERALD: I said all the same material that was applied
to the DEC, Corp. of Engineers and Department of State also has
been sent to the Office of Channel Services Bureau who are the
owners of that strip of land on the open bay and I haven' t heard.
anything yet. However, I did discuss it with the chief of the
bureau several months ago and he seemed receptive to it. But I
don' t have a response yet to the actual submission.
TRUSTEE KRUPSKI: Okay. Any other comment from the public? Board?
TRUSTEE HOLZAPFEL: This is just a question, it doesn' t have
anything to do with the application. But is that true of most
applications that the trustees act first before you get the
others? That' s just my own information.
JAMES FITZGERALD: No: It just happened that way. It' s not
intentional.
TRUSTEE KRUPSKI: Any other comment?
TRUSTEE GARRELL: You want a wise comment? You know it' s funny
but in certain settings I can appreciate some very large
sculptures. . The caldors that were !up in Connecticut and
dominated the highway off I-84 for awhile, even in Utah there' s
a classic, there's a. Smithson' s Spiral Getty. But I have
problems "right now envisioning something as 35 ' sitting out in
that bay. I know what the drawings show, but I don' t know
whether I could get used to that one. It sort of like some of
the sculptures that I've heard. . . I guess were designed for the
great plains or the prairies where you got these enormous bison
sitting out there with the wind blowing through it. I guess all
I can say is I got problems with is.
TRUSTEE WENCZEL: What is you problem?
TRUSTEE GARRELL: Where do you go if we people decide. that we're
gonna make the bay a sculpture park and we've got rim going up
and down. that bay with some lovely sculptures like this one.
How is the town gonna take it? How is the town gonna look at
it? I agree absolutely with the legality of it. I don't see
Board of Trustees : 13 July 30, 1997
how you can stop something like this on the basis of health and
safety and welfare of the town. I mean Leon Brennan couldn't .
step out and do that. But I'm just kind of ruminating. I'm just
kind of telling people what's going through my head right now.
TRUSTEE KRUPSKI: One comment please brief.
MARK MILLER: I certainly advised because my father is a
developer on the application but it is very interesting to
listen to you sir. I recently read an article about sculpture
and one in particular was constructed over 100 years ago- and it
was the most instrumental in creating derision in this
community. Not this community, in this particular community
where the bulkhead was built. So many people were opposed to
this horrid structure which actually happened to be made of
steel as well. And that structure. wound up being the Eiffel
Tower. And so many people today lacking in the aesthetic
benefit, had people who thought that obtrusive tall structure
was something so agast that it should never be constructed. It
just counter balanced of what you are saying and I not sure
anyone here has the foresight to determine what it is and what
is not art.
TRUSTEE GARRELI Yes. A good point. The Eiffel Tower. . . wasn' t
that in connection with the. great world exposition, the Paris
World Exposition?
MR. MILLER: Yes. Around the 1900' s.
TRUSTEE CARRELL: I have one more question. Could you just tell
me a little more. about the Basand or Roberto Julio Bassand
the sculpture?
MARK MILLER: Roberto was was born on Long Island. and created
some are work here on Long Island and is presently an artisan
resident in Japan and he is under commission now to build an
entire park filled with his large . structures and that is what he
does for a living and I was able to acquire this piece of art
work where it was originally over in Port Jefferson and I
believe it is extremely beautiful. I believe extremely
environmentally sensitive and a statement that the people in
Southold believe the bay belongs to the heron.
TRUSTEE KRUPSKI: Any other brief comment? Do I have a motion to
close the hearing?
-TRUSTEE ,HOLZAPFEL: So moved.
TRUSTEE: GARRELL.: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
TRUSTEE KRUPSKI: Want to make a motion? I' ll make a motion to
approve the application of JAMES MILLER.
TRUSTEE: KING: Second.. ALL AYES.
11. J.M.O. Consulting on behalf of MARIAN FARAGUNA requests a
Wetland Permit to construct a 6' X 30' float to an existing
catwalk, ramp and float. NOTE: Applicant wishes to revise plans
to show that the proposed float has been relocated so that it
shall not be located any further seaward than the existing
dock. Located: 5675 Skunk La. , Cutchogue, telephone pole
#50-5. SCTM #138-2-10 p/o 19
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
Board of Trustees' 14 July 30, 1997
GLENN JUST: I 'm hear to represent MARIAN FARAGUNA. I just.
wanted to originally let the board know I had a pre-application.
conference at the site about a week in a half ago with TRUSTER
KING and .and JOHN ALDRICH and I had made an error (Cannot
understand any further information) .
TRUSTEE KRUPSKI: Okay. We have a general policy of keeping
everything under control basically that the structure go out no
further than the neighbors. Because otherwise you will get that
leap frogging effect -in which you have no control. Now does
that accomplish that?
GLENN JUST: Yes it does.
TRUSTEE KRUPSKI: Oh okay. Now another question. While we were
out there. . . and the reason I took the whole board. out there. . .
and normally I wouldn' t because it' s just down the road from me.
But on a small project like this, but just recently within the
last year we approved a structure along Skunk Lane. The lot was
about 20' wide I think and we approved a very small catwalk
because in the future I imagine there are a lot of small lots
right along there on Mud Creek. We try to limit the size of the
structures so everybody can get a real live catwalk like a 2'
wide catwalk for their boat. Now who owns the property to the
south of that between. two metal bulks?
TRUSTEE GARRELL: There is like a ramp that looks like.
GLENN JUST According to the survey where, the property to. the
south is owned by a MEILEN and to , the north.
TRUSTEE HOLZAPFEL: Do you know how wide that property is?
GLENN JUST: No.
MR. FARAGUNA:. 25' It used to belong. . . . . (could not hear
him. ) I would not be over lapping here.
TRUSTEE KRUPSKI: Our basic policy which again like I said
doesn' t fit this area because. the properties are so narrow. It' s
to. keep the. structure 15' off the property line to give everyone
a little more room to navigate.
MR. FARAGUNA: But mine is. . . .
TRUSTEE KRUPSKI: 15' from the property line.
TRUSTEE HOLZAPFEL: The dock is right near the edge.
GLENN JUST: The dock on the survey shows its dead center on the
property. I. just picked up a clean copy up yesterday from Van
Tuyl yesterday.
TRUSTEE KRUPSKI: . Oh good because I can't quite. . . .. . .
GLENN JUST: I found it a little misleading too. But it shows
the dock dead center of the middle of. . . .
TRUSTEE KRUPSKI : It doesn' t show the bulkhead. Will the dock be
redone?
GLENN JUST: No.
TRUSTEE KRUPSKI: It' ll be just the floats that will be added to
it?
GLENN JUST: Right.
TRUSTEE KRUPSKI: Okay. What I was thinking is some sort of
provision placed on it that when the dock itself, which isn't'
new.
GLENN JUST: I understand what you are saying.
TRUSTEE KRUPSKI: Is that when the dock is redone that it would
be- put in the middle of the property in a "T" formation so it
Board of Trustees 15 July 30, 1997
would serve the same purpose except that it gives the neighbors
a little more breathing. room.
GLENN JUST: The neighbor to the south he has that dock sits
right out about 25 or 30 feet.
TRUSTEE KRUPSKI: So who owns that little part between the.
bulkhead?
GLENN JUST: It shows the property line there. that there' s a 5'
jog off the monument and here is the projected property line.
TRUSTEE HOLZAPFEL: Now you saying 151 ?
GLENN JUST: I ' have to look at a tax map at the office.
TRUSTEE HOLZAPFEL:. The neighbors property that you sold.
MR. FARAGUNA: The neighbors property right on the south side
of me is 25' because it was sold before my property was acquired
by me.
TRUSTEE HOLZAPFEL: That is what we were concerned about.
TRUSTEE KRUPSKI: That is MILEN'S boat and dock?
MR. JUST; That' s the dock, but I don' t know who owns it.
TRUSTEE HOLZAPFEL: Do you see the dock here? And .that's right
near. . .I mean to me that' s the edge of the property.
MR. FARAGUNA: No, it' s not. The bulkhead on the south side
is shared by him and myself. If you are considering what was
intended to be . . . . . (changed tape)
TRUSTEE. HOLZAPFEL: Okay because we thought that was the
property line. So you own part of the other bulkhead on the
other side of the ramp? That answers everything.
TRUSTEE KRUPSKI: Now again why does it have to be 30' long? We
try to minimize the amount of structure.
GLENN JUST: It' s just the length of the boat. The trustees
policy is to make .the boat fit the (cannot understand him) if
there is plenty of depth in the waters. It' s just a longer boat
and that is the reason that was the one that was tied up when we
were there.
TRUSTEE KRUPSKI: But I mean even with a 20' float would give you
26' of dock and that is a sheltered area. Would that be enough?
Normally we prescribe a 6' X 20' for residential parcels so we
would like to see that cut down to a 6' X 201 .
GLENN JUST: I explained that to Mr.. Faraguna Jr. the son. And
he asked me to please try to see if we could go to 30' because
it would be that much more accommodating for the boat that he
bought.
TRUSTEE KRUPSKI: Normally we don' t. Normally we stick to a 6' X
20' because again if you don't have some sort of guide line
there is no limit somebody wants. a 6' X 40' .
GLENN JUST: You can still put a 30' boat on it.
TRUSTEE KRUPSKI: I would think so not 26 footer float.
GLENN JUST: He can't speak tonight because he lives in Jersey.
TRUSTEE KRUPSKI: For the most part our policy is a 6' X 20' for
float because there has to- be some constraint some limits of .
what can be built in the creek because it is public land. 201
.
usually gives people enough room to dock a boat. That is why we
pick a standard size. You already have additional floats going
out to it. So that' s already an addition.
MR. FARAGUNA: It' s a re-arrangement sort of thing, because we
wouldn' t go passed that point.
Board of Trustees;. 16 July 30, 1997
TRUSTEE KRUPSKI: No I understand that but it' s still bottom
coverage and we still own the bottom..
GLENN JUST: That is another thing AL, I just want to interrupt,
according to this and I have to verify it, that its private
bottom.
TRUSTEE KRUPSKI: I would disagree with that. So because it is
our property we have to have some control, some limit on what' s
built there otherwise it. . . .there used to be a bridge further
down actually. By the telephone pole. Further north there use
to be a bridge you could drive right across the little neck.
What I 'm saying there has to be some control over what' s being
built and that' s usually our policy 6 ' X 201 . Any other
comment? Board
MR. FARAGUNA: If it has to be like that. . . .
TRUSTEE KRUPSKI: We treat everyone the same.
MR. FARAGUNA: The reason why we are requesting this is
because my son bought a 30' boat.
TRUSTEE KRUPSKI: Well, it' s 26' actually if you add the other
float onto it.
MR. FARAGUNA: Your talking about adding next to it?
MR. JUST: You- have a 6' float that' s there already, so 21'
added to that 26' .
TRUSTEE KRUPSKI: Motion to close the hearing.
TRUSTEE: HOLZAPFEL: So move.
TRUSTEE KING: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
TRUSTEE HOLZAPFEL: I' ll make a motion to be approved the
application MARIANO FARAGUNA to construct a 6 ' X 20' float
to
an existing catwalk ramp and float as per the recent plan dated
today the 29th of JULY.
TRUSTEE KING: I ' ll second.
TRUSTEE KRUPSKI: All in favor? ALL AYES.
TRUSTEE KRUPSKI: The next two applicati-ons on FISHERS ISLAND we
weren' t able to get out to. Some of the board members are
gonna go out next month and is it alright -if we table this
application until next month where the board members can inspect
those more or less at our convenience?
GLENN JUST: As far as FISHERS ISLAND COUNTRY- CLUB there would be
no problem with that what so ever
TRUSTEE KRUPSKI: Because I looked at those and I really I was
unfamiliar with them., I thought I had been there but I hadn't
been. -
GLENN JUST: We looked at it 3 or 4 years ago. The same project
had just died because of finances by the Country Club. Mr. King
called me the other day I couldn't recall if we looked at it or
not the last trip over there.
TRUSTEE KING: I looked through all my notes and I can' t find
neither one.
TRUSTEE: KRUPSKI: I was there but your talking about 1988 or
1989.
Board of Trustees?, 17 _ July 30, 1997
GLENN JUST: ' 85 was the first time I was. there. ' 88 I think was
when we first did the first original permit. I had to start all
over with them.
TRUSTEE KRUPSKI: Well we wouldn't be comfortable with pushing it
along without seeing it. Okay. That is the reason we want to
table it just because we couldn' t get out there because some of
the members are going to be going out there with the town next
month anyway.
TRUSTEE KRUPSKI: I' ll make a motion to table the application of
GEORGES HAWES and table the application to FISHERS ISLAND GOLF
COURSE.
TRUSTEE HOLZAPFEL: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
14. . Dean. Hough on behalf of JOE PILLUS requests a Wetland
Permit to construct a 3 ' X 3 ' platform off bulkhead with a 3 ' X
8' ramp and 2- 6' X 20 ' floats starting 15 ' from southern
property line along bulkhead as per new drawing dated and
received May 20, 1997. Also to place split rail fence around
property. Located: 2280 Ole Jule Lane, Mattituck. SCTM
*122-4-10
CLERK DIANE: Table this too, because he didn't give- me the
soundings. He told me he would come today and he didn' t
TRUSTEE KRUPSKI: Is there anyone here representing JOE PILLUS?
I' ll make a motion to table the application for lack of complete
application.
TRUSTEE HOLZAPFEL: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES
15. Young &Young on behalf of JAMES DONOHUE requests a Wetland
Permit to construct a single family dwelling, swimming pool,
patio, etc. , with -no off-site fill required. Located: 230
Willis Creek Drive, Mattituck. SCTM #115-17-17. 9
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
KENNETH ABRUSO: Our client wishes to build a single family
swimming pool and a patio on a lot in upper view in Mattituck.
For the record we have received a letter of non-jurisdiction
from the DEC that I would like to put in the record. They have
posted the application of posting and we also do have Suffolk
County Department of Health Permit to construct this house. I
believe this application is completed if there is any question
I'd be happy to answer.
TRUSTEE KRUPSKI: Our major concern here. . . . we've been granting
approvals in this area, I 'd say about one a month, so we are
pretty familiar with the area. Our only concern is for the
buffer. area. And we'd like to make it consistent with what the
neighbor has to the north.
CLERK DIANE: Both neighbors on that side have. . . . .
TRUSTEE- KRUPSKI: The reason for the. . . . we call it a
non-disturbance buffer. . . . .and what it is is really gonna be a
non-turf non-lawn area to prevent anything running into the
creek. We' re gonna make it consistence with what the neighbor
has to the north there and also what the neighbor has to the
Board of Trustees 18 July 30, 1997
south. Basically you can clear the foliage for a view but you
can't put a lawn in and you can't intentionally maintain it.
MR. ABRUSO: You' re talking about 25' non disturbance. Your
looking at making it 50' non-fertilization buffer, is that
correct?
TRUSTEE KRUPSKI: Non-disturbance.
MR. ABRUSO: But what your saying is we can clear it?
TRUSTEE KRUPSKI: We want to clarify with the rest of the,
applicants in the neighborhood there. You can clear it to the
point of. . .for visually, but you can' t clear it with a bulldozer
and disturb all the roots.
TRUSTEE HOLZAPFEL: We don't want all the trees knocked down.
MR. ABRUSO: Any dying branches that come out and under brush.
TRUSTEE KRUPSKI: The underbrush certainly, until you get; again
so you can get your view so you can clear it. But we don' t want
the soil cleared because then it will wash down into the creek.
TRUSTEE GARRELL: .In other words. what you' re saying is that brush
cutters, chain saws but no backhoe.
TRUSTER KRUPSKI: Right. Chain saw -to clear it all.
TRUSTEE HOLZAPFEL: We we just saying that you can take down
branches for view but you can' t cut down the trees. If there' s
undergrowth you can remove them. '
MR. ABRUSO: Just one other issue. From the insurance stand
point the trees may fall on the house in lieu of a hurricane. . . .
TRUSTEE KRUPSKI: I don' t know if you 'are that close.
MR. ABRUSO: I. don' t know if it is 'an issue to be honest with
you. I am just putting it out there for thought.
TRUSTEE KRUPSKI: No the concept of. . . . the but that goes against
the concept of the buffer zone anyway. I mean if there is a
tree you think is a danger of falling on the house certainly you
can remove it. The concept of 'the buffer zone is so that people
don't approach.,it if they had done historically which degrades
the water quality in all the creeks. And we are trying to be
consistent on all theses lots along that side of the creek. You
are also allowed a path down to the water that' s gravel or light
stone.
TRUSTEE GARRELL: There is no provisions for a dock or anything
on this one?
MR. ABRUSO: It was not applied for at this time.
TRUSTEE KRUPSKI: We've issued dock permits again in this little
area. Take a look at what your neighbors have. because that it
pretty much what we' ll approve. You know the area is so small
it' s got to be something that is very limited.
TRUSTEE KRUPSKI: Is there any other comment? Do I have a motion
to close the hearing?
TRUSTEE HOLZAPFEL: So moved.
TRUSTEE KRUPSKI: Second on that.
TRUSTEE: GARRELL: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTER HOLZAPFEL: I' ll
make a motion to approve the application- of JAMES DONOHUE to
construct a single family dwelling, swimming pool, patio with a
50' non-turfed buffer.
TRUSTEE KRUPSKI: In this buffer area if you want to plant some
sort of vegetation that you can plant something there you know
Board of Trustees 19 ' July 30, 1997
you can put a hedge or whatever you find attractive but it just
can't be cleared cut.
TRUSTEE KING: Second.TRUSTEE KRUPSKI: A1.1 in favor. All Ayes.
16. PORT OF EGYPT & C&L REALTY requests a Wetland Permit to
dredge as needed for navigation to a depth of a 5' below ALW.
Approx. 100-200 c.y. of fill need to be removed and placed on
owners property north of Route, '25. Once spoil is dried it will
be spread out resulting in an increase in elevation of about
1/211 , replace rip-rap with concrete bulkheading and replace
deteriorated. wooden bulkheads with concrete bulkheading, and
install a travel life well in old boat canal. Main Road,
Southold, . 1/4 mile east of Bay Home Road at westerly entrance to
Old Main Road, Southold, SCTM #56-6-3 .2, 3 .3, 3.4, & 6.1
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application?
MR. LEIBLEIN: The application speaks for itself. I understand
that whatever I put in there will be the same height as the old
bulkhead and (couldn' t understand) .
TRUSTEE: KRUPSKI: How far have you gotten with the DEC with the
this?
MR. LEIBLEIN The application is. in.
TRUSTEE KRUPSKI: They probably will want something more specific
on that area don' t you think?
TRUSTEE KING: I imagine.
TRUSTEE KRUPSKI: You might as well give it to us also you know
something pretty specific. You know, detail that area. Give us a
line drawing of what it is and a description of what you want it
to be. That would be the best way.
TRUSTEE GARRELL: You gonna have to do that anyhow for the DEC
there is no doubt.
TRUSTEE KRUPSKI: I think everything else was pretty straight
forward.
MR. LIEBLEIN: Is it .possible that you would be given an
approval with the. exception of that stretch?
TRUSTEE KRUPSKI: We could give it an approval based on receiving
that.
TRUSTEE HOLZAPFEL: What he is saying everything but that part.
TRUSTEE KRUPSKI: I suppose.
MR. LIEBLEIN: That is why I am looking with the DEC .with some
questions with them I ' ll -ask them for the same. Right now the
thing in my mind I want to get started on next is the travel
lift so I' ll have it for the fall.
TRUSTEE KRUPSKI: Sure we could separate it out.
MR. LIEBLEIN: If you could separate it with the exception of
this one section until certain things are received I would
appreciate that and then I ' ll say the same for 'the DEC. It will
be a couple of years before I get to that but that is the least.
That will be the lowest priority. That will be the last thing
that we do.
TRUSTEE KRUPSKI: So we' ll delete that. Any other comment?
TRUSTEE WENCZEL: So moved. All iri' favor. Does anyone want to
make a motion?
Board of 'Trustees 20 July 30, 1997
TRUSTEE HOLZAPFEL: I ' ll make a motion that we approve the
Wetland application of PORT OF EGYPT to dredge as needed for
navigation to 5' below ALW to approximately 100-200 c.y. of
fill need to be removed in place of the owners property once
spoil is dried it will be spread out resulting in increase: in
evaluation of about 1/2" replace with proper concrete bulkhead
and replace deteriorated wooden bulkhead with concrete
bulkheading, install a travel lift well. in the old boat canal
and except or .section 410-11-12 on the survey presented on June
20. That' s my motion.
TRUSTEE KRUPSKI. Is there a second on that? No we need a second
before we can discuss it. You want to discuss that motion? Or do
you want it to go back to the application?
TRUSTEE WENCZEL: Go back for one. second. Perhaps we should ask
for a settling pit for the stuff, you know, the paint that is
washed off the bottom of the boat. I'm sorry we didn't think of
that before.. That is pretty common procedure to -ask for a
settling pit collection system for what you wash off a boat.
TRUSTEE HOLZAPFEL: We've done it on others that have come
through.
MR. LIEBELEIN: Early this year maybe early last year it was
one of the boating marina' s had an article on a whole bunch of
different. things that you can do. We went to the DEC for a
pre-permit meeting with some big guy, Mr. Hamilton and his
guys came out and looked over everything he said you are gonna
have to handle this area, especially what you talked about.' Not
just the settling pit there but coming up with something that
everyone would.. . . .we want to do something to improve the
environment:. We have .all clay. So it doesn' t go down, it runs
off ultimately. So the thought was to put in an 8" ring 4' deep
that the stuff would go into and then. maybe have two more and
water would go in and overflow into another and eventually go to
the bay instead if going straight to the bay and then you can
pump that out besides having a settling pit by the travelers
well, would probably haul 15 or '20 boats with the traveler and.
would probably hau1. 300 boats with the forklift and there are a
whole series of things on this list we already have a pumpout
station. We went to the extreme of giving .out free mitts to
pickup doggie bags and permits I have the whole list of good
ideas in there over the
years next year a settling pit. I don't have a problem with that
at all.
TRUSTEE KRUPSKI: Okay.
TRUSTEE HOLZAPFEL: This is just. a question would it be more
functional for you with the well?
MR. LEIBLEIN: You want to have one there because power
washing will take place. and we' ll probably want to put another
one in. The question is, when you have clay what' s the best way
to do it.
TRUSTEE KRUPSKI: It' s a good design what you described.
TRUSTEE HOLZAPFEL: I think Brick Cove has a good design too.
What I'm saying is we can permit it with the same
structureas. . .
Board of Trustees 21 _�' July 30, 1997
MR. LEIBLEIN: You permit it as saying either we put in a
collection. . . . .that' s fine.
TRUSTEE KRUPSKI: But give us a diagram of that. . .`.what your
gonna put in, so we have it on file.
TRUSTEE HOLZAPFEL: Diane add at the end there a settling tank
for the wash down area
TRUSTEE KING: Second. ALL AYES..
TRUSTEE GARRELL: I ' ll recuse myself, I ' ll abstain.
All in favor. ALL AYES..
17 . LEO OLSEN requests a Wetland Permit to remove locust
trees, replace with other, repair catwalk, ( level land replace
some) repair retaining well and hand rail along dock, put a 20'
non-turf area along bulkhead, remove topsoil to sand fill with
recycled concrete top with stone and or wooden walkway,
distribute top soil where needed, grade land, install covered.
driveway, install 6' high fence along rear property line, plant
grass and plants & landscaping. Located: 3590 Main Road,
Greenport. SCTM #35574-28.12
TRUSTEE WENCZEL: Table.
TRUSTEE KRUPSKI: Make a motion to table the new application. All
in favor. ALL AYES.. Do I have a motion to go back to the regular
meeting? We' 11 skip through the agenda to take care of people
with specific things just so you don't have to sit hear for .the
rest of the evening.
VII. MOORINGS:
5. JAMES CONWAY requests an off-shore mooring in Laughing
Waters Corey Creek for a 16' row boat. ACCESS: Public.
TRUSTEE HOLZAPFEL: I' ll make a motion that we approve the
request for a mooring in Laughing Waters by JAMES CONWAY for a
16' rowboat and Bay Constable should proper location.
TRUSTEE KRUPSKI: Is there a second?
TRUSTEE KING: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
V. RESOLUTIONS:
1. J.M.O. Consulting on behalf of. GINO SCARTOZZI requests a
Grandfather Permit for an existing 5' X 34.5' dock-and Amend the
Grandfather Permit to remove 7' from the seaward end to install
a 3 ' X 12` ramp and a 6 ' X 20' float. Located: 1080 Deep Hole
Drive, Mattituck. SCTM #115-12-15
TRUSTEE GARRELL.: Approve.
TRUSTEE KING: ALL SECOND.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
2. J.M.O. Consulting on behalf of MARY KERRIGAN requests a
Grandfather Permit for an existing catwalk and fixed dock and to
Amend the Grandfather Permit to realign this dock with a 2' X
12' ramp, a 6' X 6' float and a 5' X 24' float. Located: 630
Riley Ave. , Mattituck. SCTM #143-5-12
Board of Trustees 22 July 30, 1997
TRUSTEE KRUPSKI: I' ll make a motion to table the application.
TRUSTEE: GARRELL: Second..
TRUSTEE KRUPSKI: All in favor. ALL -AYES.
CLERK DIANE: Until new drawings.
TRUSTEE: HOLZAPFEL:' What was the other one?
TRUSTEE KRUPSKI: Do you want to make a motion?
TRUSTEE KING: I' ll make a motion.
CLERK DIANE: To approve.
TRUSTEE KING: To approve.
CLERK DIANE: To approve the new drawings.
TRUSTEE KRUPSKI: All in favor. ALL AYES .
4. J.M.O. Consulting on behalf of LESTER EISENBERG requests as
Amendment to permit #4730 to construct a 4' X 20' extension onto
the landward and of the fixed dock:. Located: 925 Long Creek
Drive, Southold. SCTM #55-3-27
TRUSTEE KRUPSKI: You want to make a motion?
TRUSTEE HOLZAPFEL.: I ' ll make a motion to approve the application
of LESTER EISENBERG 4' X 20' extension on to the landward.
1. Costello Marine on behalf of DR. T.J. MC DONOUGH requests an
Amendment to Permit #4596 to construct a low profile vinyl
interlocking retaining wall 2' above the existing grade instead.
of rock revetment. Located: 675 Cedar Beach Drive West,
Southold.
TRUSTEE HOLZAPFEL: We don't have a drawing. They never sent a
drawing:
CLERK DIANE: They never sent a drawing. Table it.
TRUSTEE KRUPSKI:. Okay. Make a motion to table #1.
2. Stephen Galen on behalf of JACK DWYER requests a Waiver to
construct a 12' X 20' addition on north west from of existing
house and a 15'- X 15' patio made up. of patio block set in sand
at rear of house facing water where patio door is located.
Located: . 2625 Bayshore Road, Greenport. SCTM #53-4-21
TRUSTEE GARRELL: Approve.
TRUSTEE HOLZAPFEL: Second. ALL AYES
3. J.M.O. Consulting on behalf of ROYSTON P. .RIND requests an
Amendment to Permit #3623 to construct a 4' X 75' extension to
an existing catwalk landward which shall be a minimum of 4'
above grade of marsh. NOTE: Applicant wishes to also add 2- 6'
X 16' floats to form an "L" formation. Located: .1375 Meday
Ave. , Mattituck. SCTM #113-9-4
TRUSTEE GARRELL: approve to add 16' to- fixed dice and 1 float
and 75 ' landward.
TRUSTEE HOLZAPFEL: Second.. ALL AYES
4. J.M.O. Consulting on behalf of LESTER EISENBERG requests an
. Amendment to permit #4730 to construct a 4' X 20' extension onto
the landward end of the fixed dock. Located: 925 Long Creek
Drive, Southold. SCTM #55-3-27
TRUSTEE HOLZAPFEL: Approve
TRUSTEE WENZCEL: Second ALL AYES
Board of Trustees` 23 July 30, 1997
5. Robert Brown on behalf of Dan Christianson (Trustee)
requests a Waiver for renovations to an existing house and
porch. Located: 1220 Deep Hole Drive, Mattituck. SCTM
#115-12-17
TRUSTEE GARRELL Approve
TRUSTEE HOLZAPFEL: Second ALL AYES
6. THEODORE C. MARTZ, JR. REQUESTS AN Extension for payment of
permit #4718 for a 4' X 30' catwalk, a 3 ' X 20' ramp and' a 6' X
20 ' float. Located: 500 Jackson's Landing, Mattituck. SCTM
#113-4-7
TRUSTEE KRUPSKI: Approve
TRUSTEE HOLZAPFEL: Second. ALL AYES.
7 . Garrett A. Strang on behalf of RUSSELL & JOAN MANN Request a
Waiver to construct a one story addition approx. 180 a.f. to the
east side of an existing dwelling. Located: 1875 Calves Neck
Road, Southold. SCTM #70-4-48
TRUSTEE GARRELL: Approve hay bales place during construction.
TRUSTEE HOLZAPFEL: Second. ALL AYES
8. DOMINICK SEGRETE requests a Waiver to construct an 18' X 36 '
pool as indicated on survey. Located: 4270 Wunneweta Road,
Cutchogue. SCTM #111-14-22.1
TRUSTEE KRUPSKI: Approve drywell, and back wash for pool.
landward of pool. ALL AYES.
9. GERARD H. SCHULTHEIS requests an Amendment to Emergency
Storm Damage Permit to repair and stabilize access road, bank,
and property with marine mattresses, stone and plantings as
recommendation and amended plans of DEC on 6/20/97. Located:
1640 First Street, New Suffolk, SCTM #117-5-4.4, 46. 3
TRUSTEE KRUPSKI: Approve
TRUSTEE KING: Second ALL. AYES
10. JAMES WEEDEN requests a Waiver to erect a 300+ split rail
fence along property line and a Transfer of Permit #4501 from
Eleanor S. Nohe of a Grandfather Permit for a 55' wooden
bulkhead and 18 1/2' X 10' dock. . Located: Bridge Lane, Nassau
Point, Cutchogue. SCTM #118-2-16. 2
TRUSTEE KRUPSKI: Approve
TRUSTEE WENCZEL: Second
TRUSTEE KRUPSKI: Approve Transfer
TRUSTEE WENCZEL: Second ALL AYES.
11. STEPHEN MITCHELL requests an Amendment to Permit #4201 to
widen existing stairs to 4' wide, add. a 6' X 9' platform and a
4' X 4' platform at bottom to bulkhead. Located: 7132 Indian
Neck Lane, Peconic. SCTM #86-7-8
TRUSTEE� GARRELL: Approve
TRUSTEE HOLZAPFEL: Second ALL AYES
12. NEIL MC GOLDRICK requests an. Amendment to Permit #4397 to
add 2- 41X 8' lattice sections to an existing fence. Located:
Private Road off NEW Suffolk Ave. , Mattituck. SCTM #116-4-4-.16
Board of Trustees 24 July 30, 1997
TRUSTEE WENCZEL: Approve provided they are marked on survey.
TRUSTEE HOLZAPFEL: Second ALL AYES
13 . UGO POLLA requests a Transfer of ownership of a floating
dock and walk previously owned by Charles R. Ebler. Located:
1345 Corey Creek Lane, Southold. SCTM #78-4-21
TRUSTEE' KRUPSKI: approve transfer and that this is a one time
transfer and put on a survey and decisions
TRUSTEE HOLZAPFEL: Second ALL AYES
14. WILLIAM PAPPAS requests a Waiver for a split rail fence
along property. Located: 81 Beverly Road, Southold. SCTM
#52-2-14 Don to violate him Need separate application for other
property.
VII. MOORINGS:
1. RICHARD CANTWELL requests a mooring for a 12' X 32' barge in
Narrow River to be used for oyster growing operation. ACCESS:
Public or South East of #9
TRUSTEE KRUPSKI: - Approve
TRUSTEE GARRELL: Second ALL AYES
2. DEREK WIGLEY requests a mooring in Mattituck Inlet for a 27'
inboard. ACCESS: Private own property
TRUSTEE KRUPSKI: Table until we find out how he accesses.
ALL AYES
3 . FREDERICK E. GLASSER REQUESTS A MOORING IN Goose Creek for 1
17 ' outboard with 150 lb. mushroom. ACCESS: Private
TRUSTEE KRUPSKI: Table and Inspect
TRUSTEE HOLZAPFEL: Second ALL AYES
4. BOB GAMMON requests a 6' X 8' Duck Blind in Richmond Creek
ACCESS: Public
TRUSTEE GARRELL: Table
TRUSTEE KRUPSKI: Second ALL AYES
5. JAMES CONWAY requests an off-shore mooring in Laughing Waters
Corey Creek for a 16' row boat. -ACCESS: Public 50 lb. mushroom.
TRUSTEE HOLZAPFEL:
ApproveTRUSTEE WENCZEL.: Second ALL AYES
6. ANN & ROBERT. HOLZER request a transfer of Permit #271 which
is an onshore/of-shore stake that was in her mothers name,
Geraldine Berge, for a 14' aluminum row boat in Corey Creek.
ACCESS: Public
TRUSTEE HOLZAPFEL: Approve
TRUSTEE GARRELL: Second
7. WILLIAM PROVENCHER requests an off shore mooring for a 14'
outboard in Arshamomoque Pond. ACCESS: Private
TRUSTEE GARRELL: Approve Remove boat by Dec. 1st
TRUSTEE HOLZAPFEL: Second ALL AYES.
Board of Trustees 25 July 30, 1997
8. JAMES M. W KEEFE requests an off shore mooring for a 9' 4"
outboard with a 50 lb. mushroom in Arshamomoque Pond.' ACCESS:
Private
TRUSTEE WENCZEL Approve remove by Dec. lst.TRUSTEE- HOLZAPFEL:
Second ALL AYES
MEETING ADJOURNED AT 10: 30 P.M. -
'RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE /a46197 E9UR 1 ;1019117
Town Clerk, Town of Southold