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HomeMy WebLinkAboutTR-06/25/1997 �S�FFO��c Albert J. ICrupski,President p� OG Town Hall John Holzapfel, Vice President 53095 Main Road y = P.O. Box 1179 Jim King Martin H. Garrell Oy �� Southold, New York 11971 Peter Wenczel ?�Ol �a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES JUNE 25, 1997 PRESENT WERE Albert J. Krupski, Jr. , President Jahn Holzapfel, Vice-President Peter Wenczel, Trustee James King, Trustee Martin Garrell, Trustee Diane Herbert, Clerk CALL MEETING TO ORDER PLEDGER OF ALLEGIANCE NEXT FIELD INSPECTION: WED JULY 23, 1997 12 noon NEXT TRUSTEE. BOARD MEETING: Wed JULY 30 . 1997 7 : 00 WORKSESSION: 6: 00 p.m. APPROVE MINUTES: Approve minutes of April 30, 1997 Regular Meeting I . MONTHLY REPORT: The Trustees monthly report for May 25, 1997: A check for $3,863. 03 was forwarded to the Supervisor' s Office for the General Fund. II . PUBLIC NOTICES: Public Notices are posted on the Town Clerk' s Bulletin Board for review. III . AMENDMENTS/WAIVERS/CHANGES: 1. Docko Inc. on behalf of REYNOLDS DU PONT requests an Amendment to Permit #4738 to make the fixed pier and ramp 6' wide, instead of 4' wide. Located: Peninsula Ave. , Fishers Island. SCTM #10-3-19 TRUSTEE GARRELL moved to approve, .TRUSTEE HOLZAPFEL seconded. ALL AYES 2. Costello Marine on behalf of DR. T. J. MC DONAGH 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: 765 Cedar Beach Drive West, Southold. SCTM #90-1-6 l '"RUSTEREKRUPSKI moved to table the application pending new drawing from Castello Marine, TRUSTEE HOLZAPFEL seconded, ALL AYES 3. Costello Marine on behalf of LOUIS M. BACON requests a one year Extension to Permit #4475 to dredge. anprox, 2700 c..y, , 10-15% brick, 20% gravel and 65% sand, to 5 ' below MLW, and material to be trucked away to an approved upland site. Located: Robin' s Island. SCTM #134-3-5 TRUSTEE HOLZAPFEL Moved to approve, TRUSTEE KING seconded. ALL AYES 4_ ROBERT KUHNE & VIRGINIA HARMS request an Amendment to Permit #4575 to widen the catwalk from 3' to 4' wide. Located: 130 Midway Road, Southold. SCTM #90-1-8 TRUSTEE KING moved to approve, TRUSTEE. HOLZAPFEL seconded. ALL AYES 5. Donald A. Denis on behalf of HENRY & LINDA STEFFENS request an Amendment to Permit #362 to replace existing stairs and stairs down from bulkhead to the beach.Located: 4552 Peconic Bay Blvd. , Laurel SCTM *128-4-19 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL AYES 6. Stephen Galen on behalf of JACK DWYER requests a Waiver to construct a .12' X 20' addition on north west. front of existing house and modification of existing bay window with a 4' X 11' foundation to a "square" to accommodate a sliding door. Located: 2625 Bayshore Road, Greenport. SCTM #53-4-21 TRUSTEE CARRELL moved to deny Waiver because he already started work, request full application, TRUSTEE HOLZAPFEL seconded. ALL AYES A UGO L. 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 moved to approve subject to a copy of survey, TRUSTEE HOLZAPFEL seconded. ALL AYES 8. CAROL SAFIR requests a Transfer of Permit #2072 from Janet A. Maddams to CAROL SAFIR for a dock and float. Applicant wishes to repair dock inkind/inplace. Applicant also wishes to request a Waiver to construct a 3' X 9' addition to existing house. Located: Private Road off. Oaklawn Ave. , Southold. SCTM #70-6-10 TRUSTEE KRUPSKI moved to approve subject to receiving survey of property and dimensions of dock, TRUSTEE HOLZAPFEL seconded. ALL AYES. 9, WILLIAM PAPPAS requests a Waiver for a split rail fence along property. Located: 81 Beverly Road, Southold. SCTM #52-2-14 TRUSTEE- GARRELL moved to approve subject to .,fence put around perimeter of property only and show- on survey, TRUSTEE HOLZAPFEL seconded. ALL AYES ''10. MICHAEL DI LEONE requests a Transfer of Permit #11.04 for bulkhead repair from Weissmann to Di Leone, and a Waiver to add a stockade fence along west side of property, and add two windows to upper floor dormer. Located: 940 Tarpon Drive, Southold. SCTM #57-1-10 TRUSTEE GARRELL moved to approved, TRUSTEE WENCZEL seconded. ALL AYES TRUSTEE GARRELL moved to go off the Regular Meeting and go onto Public Hearing, TRUSTEE WENCZEL seconded. ALL AYES. IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF. SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE- PUBLIC. PLEAU KEEP YOUR COMMENTS ORGANIZED AND BRIEF: F VE ( 5) MINUTES OR LESS, IF POSSIBLE 1. En-consultants Inc. , on behalf of ALAN CARDINALE requests a Wetland Permit to dredge an area approx. 30' X 100' to a max. depth of 4' below ALW. Resultants 11U+/- c.y. of spoil will be deposited on previous. upland disposal as indicated on site plan. Located: 1134 Bridge Lane, Cutchogue. SCTM #118-1-9 TRUSTEE KRUPSKI moved to table this application for response to dredging, soundings, and spoil site, TRUSTEE HOLZAPFEL seconded. ALL AYES 2. En-Consultants Inc. , on behalf of JOSEPH BENDOWSKI requests a Wetland Permit to remove & Replace ir_kind/inplace) an existing 90+/-' .of bulkhead and a 45' easterly return. Remove & replace an existing 4' X 14' deck and a 3' X 9' stairway leading to beach, remove & replace (inkind/inplace.) an existing 33+/-' jetty, and backfill with approx. 300 c.y. of clean. sand to be trucked in from an upland source. Located: 3060 Park Ave. , Mattituck. SCTM #123-8-19 TRUSTEE. HOLZAPFEL moved to approve with stipulation that any remnants of jetty seaward of .new on be removed, TRUSTEE WENCZEL seconded. ALL AYES 3. En-Consultants Inc. , on behalf of THOMAS BOYLE requests a Wetland Permit and Costal Erosion permit to construct 140+/ l.f. of stone revetment and backfill with 2,000+ c.y. of clean fill to be trucked in from upland source & construct a one-family dwelling, deck,sani.tary system, etc. as shown on plan previouslysubmitted and expired. Located: Leeton Drive, Southold. SCTM #59-1-7 4. En-Consultants Inc. , .on behalf of KEVIN .CANDE requests a , Wetland Permit to construct a timber dock consisting of 4' X 114' fixed walk, (elevated min. 4' above grade of marsh) 2- 8" pilings with (2) mooring pilings, a 4' X 12' ramp and a 6' X 20' float, as per revised plans dated and received June 2, 1997. Located: 675 Halls Creek Road, Mattituck. SCTM #116-7-5 TRUSTEE KRUPSKI: Is this anyone here who would like to speak in favor of or against this application. I have a letter here. TRUSTEE: HOLZAPFEL: I, swore I looked back at the minutes.. Didn' t ' we say all he wanted- was a dock. TRUSTEE KRUPSKI: Yes TRUSTEE: HOLZAPFEL: Now they want a float and all this other stuff and I went back and looked at the minutes and actually this is what she said and had asked the same question the last . time and I thought they said. it was just end with a dock. TRUSTEE KRUPSKI: Yes that was my understanding. TRUSTEE: HOLZAPFEL: So you know there is no reason to put a 20' float out there because there is no water to get in and out. TRUSTEE: KRUPSKI: Just like what the neighbor had a dock. TRUSTEE: HOLZAPFEL: Wasn't that your understanding and when I saw this come in with the float and the ramp and. all of this other stuff. TRUSTEE: KRUPSKI: The neighbor to the north has a been granted a permit for a dock at the edge of the water over the marsh for access to the water for a a canoe or kayak type thing. TRUSTEE KRUPSKI: So all she did was out the length of the cat walk by 16' that is all she did. TRUSTEE HOLZAPFEL: So I thing Peter has a reason they want to start now. TRUSTEE KRUPSKI: From the drawing 114' takes to out to low water.TRUSTEE KRUPSKI: Do I have a motion to close the hearing.. Second. All in favor. Peter are you gonna make that motion. TRUSTEE WENCZEL I 'm gonna make a motion to approve the application of KEVIN CANDE pending a dock consisting of a 4 X 114' fixed walk 4' above grade. 5. Proper-T Services on behalf of MATT-A-MAR MARINA requests a Wetland Permit to construct a fixed open walkway 4' X 521 , hinged ramp 4' x 161 , providing access via floating walkway 4' X 15' to .main floating dock 5' X 200' . Install. nine 12" X 35' piles to secure main floating dock as per plans dated May 9, 1997. Located: 2655 Wickham Ave. , Mattituck. SCTM 41.39-2-5 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? Is there anyone here who would like to speak against the application? TRUSTEE KRUPSKI: Is there anyonee here who would like to speak in favor of the application? Is there anyone here who would like to speak against this application.? JERRY MC GINTY: I live opposite the proposed dock. I've been here before at the previous meeting. My being here tonight is to see if anything has changed. Although my story hasn't changed. On the 29th, the day after that hearing I took two photographs at low tide.. TRUSTEE HOLZAPFEL: 'Exceptionally low? MR. MC GINTY: No, ,it was the next morning after the meeting-. MR. MC GINTY: The situation with that creek filling has. really gotten bad, in getting in. . . . . .I'm a little bit concerned that there was no mention of this here in the paper. TRUSTEE KRUPSKI: When we table a public hearing it' s automatically transferred to the next hearing date. TRUSTEE WENCZEL: If it' s tabled it' s almost like it' s still open. MR. MC GINTY: So if it' s tabled, it will be on the next meeting? TRUSTEE KRUPSKI: I think you can count on next month. FRED LANGANESKI: I was also here last month. I just got a little bit of an education. I didn' t know that this was tabled. I guess it was because he was told to go to the DEC and get their approval first. . TRUSTEE KING: No, we had asked him if he applied to the DEC and he said no. He hadn't applied to them yet. TRUSTEE KRUPSKI: Because it' s Town waters it' s probably smarter to handle it ourselves. We have a letter in the file from the DEC stating that they will not approve. a commercial dock with less than 4 feet of water at low tide. I don't know why they' re. . . . . .they seem reluctant to go to the DEC. I don't know why because they have to anyway. Even if they did get our approval. TRUSTEE WENCZEL: The way the code is written, we can ask an applicant to get all their other permits before we act on it. We can say get the DEC permit, go get your Health Dept. permit and all the other permits that are required, then come back and see us. TRUSTEE KRUPSKI: But that's not always to our advantage either. MR. LANGANESKI: Then I misunderstood. I thought he was asked and told to go. TRUSTEE HOLZAPFEL: We had asked if he had. MR. LANGANESKI: One other thing. . . . . TRUSTEE KRUPSKI: The project itself hasn' t changed. I think what the Board' s problem with this project is that it's a commercial facility over public land. Now if this were over privately owned land it' s an entirely different issue. This is public land. I think that's why we haven't moved forward on this. This isn' t a simple access dock for a single family residence. Those applications go through at a pretty orderly pace. This is something that's on a large proposal for public. lands. Everybody's land. Once that permits issued, that land basically, which is owned by you and me and everyone .else in. Town is monopolized by one operation basically forever. Once they have a permit to use that space.- MR.- LANGANESKI: How do you bring a close to this? TRUSTEE KRUPSKI: We either have to approve or deny it. TRUSTEE WENCZEL: And we will.. TRUSTEE KRUPSKI: For some reason the applicants agent isn't here tonight. And normally as you can see in the first public hearings, the applicants agent wasn't here. Normally we have some sort of vital question of the agent after doing the field inspection. Not everything that is applied for is permitted exactly as applied for. Quite often the Board asks for some modification of the application. And usually it' s acceptable to the applicant and it get' s approved slightly modified. MR. LANGANESKI: Because I was gonna ask that this be tabled. TRUSTEE KRUPSKI: We did set the next meeting date for July 30th. TRUSTEE KING: Can we set the vote at the next meeting? TRUSTEE KRUPSKI: I would think so. TRUSTEE WENCZEL: I think we would have voted tonight if we had the applicant and the agent here. TRUSTEE HaLZAPFEL: We were trying to check out the. other side of it. That is, up to now, whenever a marina has done anything, they always got there permit persee This is a new marina actually, and the first one in many- years. . '. . .so we' re debating the. question of whether they have the rightto take the public's land for their own private use. We- were debating whether we should have a special meeting. . . . . . MR. LANGANESKI : They already did that. on 30' all around on the whole peninsula. TRUSTEE KRUPSKI: That' s what' s at stake here. Also the upland property is zoned for marine use. We might restrict that upland property, but it' s gonna be within the set up Town Code for that marine use. So it can be permitted for boat storage or different marine usage what ever is in the code. But this is not his property. This is public property. Another factor that we' re considering, right now we' re embarking a whole sale clean up of the rain water input into Mattituck Inlet. the County is. cooperating on their end from Route 48 and we' re trying to clean up all the flow of water into the creek. So you have to look at. that also as part of the whole picture. Any other comment, either for or against? TRUSTEE KRUPSKI: I move to table. TRUSTEE KING: Second. ALL AYES 6. John H. Geideman on behalf of JOHN EDLER requests a Wetland Permit to construct 2- 40' groins as per drawing dated 2/7/97. Located: Cleaves Point Road, East- Marion. SCTM #38-2-32 TRUSTEE KRUPSKI: And we' ll handle #6 thru 9 altogether. MR. EDLER: I have letter here from the DEC which I' ll read. (At this point because Mr. Edler' s voice was so low the tape recorder kept turning to pause, which means it was not picked up on the tape) TRUSTEE KRUPSKI: We' re not prepared to make a decision without more contact with the DEC. TRUSTEE HOLZAPFEL: One of the other solutions was to dredging, fill that entire, recreate your beach. What's your feeling on this. The beach was fairly stable for many years, right? MR. EDLER: One of the recommendations that you issued (not. audible) , that your decision. . . . . (inaudible) TRUSTEE KRUPSKI: I don' t have a problem with that and I don't want to get into something like trenching. . . .you already. . . TRUSTEE HOLZAPFEL: But on the other properties, the groin do extend out into- the. . . . . MR. EDLER: (Inaudible) TRUSTEE KRUPSKI: A permit issued right away to put that sand back onto your beach and restore the beach to a height. . . .I wouldn't have a problem with issuing a permit. . . . MR. EDLER: What about the State? TRUSTEE KRUPSKI: I can' t speak for the State, but I can speak for this Board.. As .far as putting structures out, that' s a different. , . . .Because. you can show. . . (skipping) they can restore their property after a storm event. This didn't happen over a course of 100 or -150 years, it happened over (skipped) From whatever source you can get it, it doesn't matter to us. There' s available sand. (skipped) TRUSTEE- WENCZEL.: I might have a problem pumping from the Bay. TRUSTEE KRUPSKI: I think the State will too. TRUSTEE WENCZEL: It's not as simple that you can take it from anywhere. There is a source of sand there and a permit to remove it. TRUSTEE KRUPSKI: I don't have a problem with restoring the beach to it' s originally height. . . . TRUSTEE HOLZAPFEL: You don't have to do that right now, you could that without any problem. Your gonna be asked, if you do get the groins, you.' ll be asked. to fill the groins anyway. You might want to start that process and. just. . TRUSTEE KRUPSKI: Fill the beach first then keep persueing the groin application through the State. MR. EDLER: All we'd have to do then. is to (skipped) TRUSTEE WENCZEL: Right, they were gonna. haul it away. They were gonna put it upland and haul it away. TRUSTEE KRUPSKI: I think that would be acceptable to this Board. because you showed the sand disappeared. Yes, persue the. groin. MR. EDLER: I think somewhere we have to crack through the wall. TRUSTEE KRUPSKI: That's true but in a lot a cases where an old groin is deteriorated on the Bay front. . . (skipped) MR. EDLER: It's the ones in between that Larry did and they are low profile. They' re the ones that maintain the beach. TRUSTEE KRUPSKI: We did cut Aprea back.. TRUSTEE HOLZAPFEL: Right, but I would have thought we said low profile. (skippe.d tape) Diane, could you check to see if we approve it as a low profile. MR. EDLER: The neighbor to the (skipped) TRUSTEE HOLZAPFEL: What your saying is, they haven't done anything.. MR. EDLER: Right. TRUSTEE HOLZAPFEL: When you first said it I thought you said they had done it as a high profile., because I know we had said it should be low profile. Just one thing, John could we have a copy of what you were reading. MR. EDLER: I did. TRUSTEE KRUPSKI : Motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE KRUPSKI•: Sorry, motion to table this as well as # 8, & 9, until next month. TRUSTEE GARRELL: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES 10. Suffolk Environmental Consulting on behalf of CHARLES GROPPE requests a Wetland Permit to construct a single family dwelling, driveway, and. septic system.. proposed construction will be on piles and will be approx. 47' away from wetlands. There is a 40' non-disturbance buffer as per plans dated: February 4, 1997 . Located.: Bayshore Road, Greenport. SCTM 353-3-12 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? BRUCE ANDERSON: As I stated in my application. . . . (skipped) the DEC. . . (skipped) TRUSTEE HOLZAPFEL.: Did they field inspect it? MR. ANDERSON: Well they flagged the. wetlands. The regulatory work was done during the winter. (Tape skipping badly) TRUSTEE HOLZAPFEL moved to close the public hearing, TRUSTEE. GARRELL seconded. ALL AYES TRUSTEE HOLZAPFEL moved to approve the application, TRUSTEE KING seconded. ALL AYES 11. MARIA ANDRIOPOULOS requests a Wetland Permit to extend an existing deck to a total of 22' X 25' and add a 10' X 22' extension onto this existing deck, and an for .an. existing 75 ' retiain gwall.. Located: 1605 Westview Drive, Mattituck. SCTM #107-7-9 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL AYES 12. Samuels & Steelman on behalf of RUSSELL MC CALL requests a Wetland Permit to reconstruct a portion of residence and add a new addition, a terrace and trellis. Located: 10140 New Suffolk Ave. , Cutchogue. SCTM #1.1.6-6-3 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of the application? TRUSTEE HOLZAPFEL moved to approve the application, TRUSTEE. GARRELL seconded.. ALL AYES. 13 . ANTONIO PIRAINO requests a Wetland Permit to construct a two story single family dwelling. Located: Cox Neck Road, LILCO pole #33 between Rosewood Drive & Breakwater, Mattituck. SCTM #113-3-2. 3 TRUSTEE HOLZAPFE moved to close the hearing, TRUSTEE GARRELL seconded. ALL AYES TRUSTEE HOLZAPFEL moved to approve with stipulation that haybales be placed during construction, no directing runoff over driveway, and driveway be pervious, and drywells. placed, TRUSTEE. GARRELL seconded. ALL AYES i 14. RICHARD JONES & !DARCY GAZZA requests a Wetland Permit. to construct an 1.8 ' X 18' sunr.00m over existing deck, add. a new second story addition over garage and mid-section of house: and a 10' X 10' deck with a 6' round gazebo 15. PETER FOSTER. requests a .Wetland Permit to reconstruct a single family dwelling using existing sanitary system and well approx. 50' away from wetlands. Located: Bayvi.ew Road, Southold. SCTM #78-2-1.5.2 TRUSTEE HOLZAPFEL Move to close the heading. TRUSTEEIWENCZEL: Seconded. TRUSTEE HOLZAPFEL: Moved to Approve. TRUSTEE HOLZAPFEL: Stay with. -same limit of clearing up to trees. TRUSTEE WENCZEL: Striked to approve. 16. DEAN HOUGH on. behalf of JOSEPH PILLUS. requests a Wetland Permit to construct a 3 ' X 3 ' platform- off bulkhead with a 3 ' X 8' ramp and two 6' X 20' floats starting 15' from southern property line along bulkhead as per new drawing dated as received May 20, 1997. Also to place chain link fence around property. Located: 12280 Ole Jule. Lane, Mattituck. SCTM #122.-4-10. TRUSTEE KRUPSKI: Votes to Table subject to new soundings. TRUSTEE HOLZAPFEL: Seconds.. ALL AYES V. RESOLUTIONS: TRUSTEES: KING & WENCZEL i I i 1. Costello Marine 'on behalf of WALTER. SMITH requests a Grandfather Permit. to' resheath 151' of existing bulkhead. and an existing 9' south return, and- Amend the Grandfather Permit to construct an 8' re;turn on north end. Located: 370 Williamsburg Drive, Southold. SCTM #78-5-9 . TRUSTEK GARRELL: Approves ALL AYES. 2 . William Goggins on behalf of THOMAS TUMBARELL.O requests a Costal. Erosion Permit1for a deck and addition to deck. Located: 880 Salt Marsh Lane, Peconic. SCTM #68-3-8.2 TRUSTEE HOLZAPFEL: APPROVES. TRUSTEE KING: Seconds. ALL AYES: 3 . Garrett Strong onbehalf of LAWRENCE PEARLSTEIN requests a Coastal Erosion Permit to construct a 432 s.f. addition to. existing single family residence. Addition to be. constructed on piling foundation above the base flood elevation. Located: 2225 North Sea Drive, iSouthold. SCTM #54-4-23. TRUSTEE HOLZAPFEL: Approves:. TRUSTEE: KING: Seconds. ALL. AYES.. VI. MOORINGS: i S ?. FREDERICK T. KMARKHAM requests a mooring: in Haywater Creek for a 24' sailboat with a 150/200 lb. mushroom. ACCESS: Broadwaters Cove Assoc. TRUSTEE HOLZAPFEL: Approve ' as per Bay Constr. ALL AYES. 2. PAUL ZAHARA. requests a. mooring in James Creek for a 6' dinghy with a 50 .1b., mushroom. TRUSTEE HOLZAPFEL,: ACCESS: Public as per Bay Constr. ALL AYES. 3. WILIAM WILKE requests an on-shore/off shore. stake Cn their property for a 15' outboard 'in Jockey- Creek. TRUSTEE KRUPSKI: Approves.. TRUSTEE. GARR ..ELL: Seconds. ALL AYES. 4. FRANK GUMPER Requests a mooring in. Corey Creek for an. 18' outboard with a. 300 lb. mushroom. ACCESS: Owner. TRUSTEE KRUPSKI: Approves. TRUSTEE GARRELL: Seconds. ALL AYES. 5. DAVID KELLERAN requests an on-shore/off-shore- stake for a 12' outboard in Arshamomoque Pond. ACCESS.: Private. Applicant also is requesting to place an 8' X. 81. swim float in water in front of his home, to be taken in and out when needed. TRUSTEE HOLZAPFEL: Swim float out by Oct. 1st and not stored on wetlands.. TRUSTEE: HOLZAPFEL.: Approves., ALL AYES.. Meeting Adjourned. At: 9:15 PM RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK D TE /.a /'979: Town Clerk, Town of Soutl!01