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HomeMy WebLinkAboutTR-02/28/1996 Albert J. Krupski, President �4�ogUFFO(,�c�� Town Hall T7hn Holzapfel, Vice President 53095 Main Road 2 P.O. Box 1179 Jim King Cn Martin H. Garrell O� Southold, New York 11971 Peter Wenczel �01 ��O Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES FEBRUARY 28 , 1996 CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wed. Mar. 20 , 1996 at 12 noon TRUSTEE KRUPSKI requested the inspections be done on Tuesday, Mar 19, 1996 at 12 noon, ALL TRUSTEES agreed. NEXT TRUSTEE BOARD MEETING: Wed. Mar. 27, 1996 at 7 : 00 pm TRUSTEE HOLZAPFEL moved to approve, TRUSTEE GARRELL seconded. ALL AYES APPROVE MINUTES: Approved minutes of January 261 1996 at Regular Meeting: TRUSTEE WENCZEL moved to approve the minutes, TRUSTEE KING seconded. ALL AYES I . MONTHLY REPORT: The Trustees monthly report for January 1996: A check for $10, 989 .70 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. Land Use on behalf of GERALD RUPP requests an a Amendment .to Permit #4502 to install 36+' of new timber bulkhead as an extension to the existing bulkhead, backfill area behind new bulkhead extension with 10 c.y. of clean fill and re-vegetate with Cape American Beach Grass on 18" centers, to install 1- 413" X 18 ' marine mattress at the toe of the new bulkhead extension, bring in 200+ c.y. of clean fill and regrade area of slope (approx. 2,400 s. f. ) which had been utilized as access , regraded slope shall be immediately hydro-seeded and covered with erosion control blankets as per manufacturers specifications, and plant level area landward of existing bulkhead on western end of property with American Beach Grass on Board of Trustees 2 February 28, 1996 18" centers. Located: 19455 Soundview Ave. , Southold. SCTM #51-1-21 TRUSTEE WENCZEL moved to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES 2. Land Use on behalf of PAUL CACIOPPO requests an Amendment to Permit #4481 to move cess pools over as per Health Dept. request on amended survey. Located: 14905 New Suffolk Ave. , 205 ' west of Grathwohl Road, New Suffolk. SCTM #116-3-18.1 TRUSTEE KRUPSKI recommended that we table the application until amended survey is submitted, TRUSTEE GARRELL seconded. ALL AYES 3 . En-Consultants Inc. , on behalf of ELINO V. DENA, JR. requests an Amendment to Permit #4523 to scale back project while still remaining true to the original intent and purpose as revised survey dated Oct. 26, 1995. Located: 4625 Blue Horizons Bluff, County Road 48, Southold. SCTM #73-5-1 TRUSTEE WENCZEL moved to approve, TRUSTEE GARRELL seconded.. ALL AYES 4 . DONALD ALFANO requests an Amendment to Permit #4384 to add a 3 ' X 26 ' float to an existing ramp and float. Located: 8095 Sound Ave. , Southold.. SCTM 459-6-16 TRUSTEE KRUPSKI. moved to table the application until the Board can re-inspect again in March,. TRUSTEE seconded. ALL AYES 5 . Nicholas D. Yeulys on behalf of CATHERINE ATWAN requests an Amendment to Emergency Storer Damage Permit to use approx. 10 rocks to repair and stabilize the existing jetty as per DEC Amendment dated Oct. 31, 1995. Located: 56055 County Road. 48, Southold. SCTM #44-1-20 TRUSTEE GARRELL moved to approve, TRUSTEE KING seconded. ALL AYES 6 . Costello Marine on behalf of LOUIS M. BACON requests an Amendment to Permit #4360 to allow the installation of an 8 ' X 30 ' float on the east side of the- dock, as per drawing dated 2/15/96. Located: Robins Island. SCTM 3134-3-5 TRUSTEE GARRELL moved to approve, TRUSTEE HOLZAPFEL seconded. 7 . RONALD F. GALLAGHER requests a Waiver to add a 2nd. story onto an existing dwelling with gutters and drywells. Located: 2950 Private Road-, off Vanston Road., Cutchogue. SCTM #111-5-7.2 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE GARRELL seconded, TRUSTEE KRUPSKI abstained, ALL OTHERS AYES. 8 . JOHN C. NEVILLE requests a,Waiver to Permit #4416 to add a 12 ' X 36 ' deck (or brick patio) onto an existing house. Located: 2380 Hobart Road, Southold. SCTM #64-3-6 TRUSTEE HOLZAPFEL moved to approve for a deck with conditon that hay bales be placed between the construction and creek, TRUSTEE GARRELL seconded. ALL AYES Board of Trustees 3 February 28, 1996 9 . Anthony B. Tohill on behalf of. SUZANNE SWICK requests a one-year extension to Permit #4307 to construct a house. Located: Route 25, Main Road, East Marion_ SCTM 323-1-6.1 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE KING seconded. ALL. AYES 10. VICTOR E. RERISI requests a one-year extension to Permit #4300 to construct a single-family dwelling. Located: 800 Snug Harbor Road at Marine Place, Greenport. SCTM #35-5-37 TRUSTEE KRUPSKI moved to approve provided he submit a landscaped plan as depicted in permit, TRUSTEE. GARRELL se.conded. AL. 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. TRUSTEE GARRF.r_.L moved to go off Regular Meeting, TRUSTEE WENCZEL seconded. ALL AYES PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF: FIVE ( 5) MINUTES OR LESS, IF POSSIBLE 7: 55 p.m. - In the matter of DANIEL MOONEY requests a Wetland Permit to move existing house at 480 Rabbit Lane (from Bay side) to across the street (on Lake side property. Reconstruct new house on same footprint on Bay side. Located:. 480 Rabbit Lane, East Marion. SCTM #31-18-10 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of the application? Anyone here who wishes to speak against the application? MR. DEVLIN: First I would like to make sure- that the, what is involved here, and I . could tell you why. He' s gonna move: the house from the Bay over to next to me. On that lot, he' s not gonna build a berm. But on the house there will be terraces. There is .possible clearing for a septic tank on the new lot. And new wells. Is that right? Because on page 5 it says "it' s asking for a placement of a house, with foundation, septic system, and wells. I was under the impression from an earlier discussion that there was no wells involved. TRUSTEE. KRUPSKI.: On which lot? MR. DEVLIN: Where the house is being- moved to. TRUSTEE KRUPSKI: Well this application is only on the lot on the Bay side. MR. DEVLIN: OK. But could you clarify whether. . . TRUSTEE KRUPSKI: Quite often, things are. on. the property that are not in our jurisdiction. For instance, if there was an application to put a shed on the lake side between the house and road it would be outside of our jurisdiction. It would never Board of Trustees 4 February 28 , 1996 �d show up on a permit. Some things are. . . .you know what I 'm saying? MR. DEVLIN: But a well is on your permit. Is that right? TRUSTEE KRUPSKI: I don' t know, I would have to take a look. MR. DEVLIN: I thought on one of the drawings. . . .the second set of drawings it came through. The wells had been taken off. TRUSTEE KRUPSKI: No it's the other lot. It says, "proposed well, proposed lots" . Would you like to see it? MR. DEVLIN: I 've gotten copies of all that. On the other side where the old house is, he wants to rebuild. Using the exiting septic tank. I think there are number of technical issues, as. least as I see it. One is to put in a septic tank on the property next. to mine. The land is low, it' s not marshy, the water table is quite high. There' s no Health Services. approval for this. I believe that you said earlier that you intended to make it a condition of your approval that Health Serviceses would approve it. I think that' s fairly important because there hasn't even been a test well dug there to find out and nothing is moved in the application. The other technical thing is the DEC said, "you have to start all over with a septic system where he has the existing house" . The Health Dept. has said, "the septic system in there was right before, and is right now, and he has to cap and upcap" . I don't know where the jurisdiction is. I thought the Bay belonged to the DEC or something like that. I think you should take that into account. The next technical thing is the Trustees are the only elected officials in this whole process, and I think they have a responsibility to set the tone in all of these discussions, because they' re elected officials who are sensible than un-elected officials. My feeling is that this project of moving a house and all the other things, besides all the technicalities, it' s monstrous. it' s an enormous house. The other houses are little. There are some big houses but' they' re very wide apart. And so if moving a house over there, on a tiny lot, big house, tiny lot, the clearance is only be 9 or 10 feet on either side. Perhaps you could start all over and knock down all the little houses, but this is little houses and this is a bigger house. I just can' t see how environmental control, zoning, or .anything else, can really go` ahead and do this thing. One other thing, with only a 10 foot clearance on either side, I can't understand how they' re gonna be able to move this house over without tromping all over my property? I don' t want the system to say, "well you've got a permit, you can tramp all over the property" . I would go to extreme lengths to make sure that doesn.' t happen. TRUSTEE KRUPSKI: We can' t give, not Mr. Mooney, or any one else, permission to go on to your property. We can' t do that. If we did grant approval for this. it would not be an approval to go onto your property at all. As far as the aesthetics go, if we had to approve of the aesthetics of the projects that we voted on I would have to tell you that 99% of the time we'd deny everything. As far as the septic system goes, we have a letter from the Health Dept. here that says, "In receipt of your letter concerning the proposed construction of your home on Rabbit Board of Trustees 5 February 28, 1996 �I Lane, this department has received the. application to construct on the above parcels. The two applications are incomplete as of this date. The water supply and sewage disposal systems are required to conform to construction standards. Additional information has been requested from applicant, Mr. Mooney before a decision can be made as to the conformance of the application. You are welcome to review the files upon written request" . I have a question for Mr. Mooney. What is the status of your application with the Health Dept.. MR. MOONEY: I have done nothing since we were here the last time in respect to the Health Dept. I assure this. Board, I know I cannot even get a Building Permit until I have a permit from the Health Dept.. I have to get a permit and I. will get that permit. I was hoping to do this one step at a time. TRUSTEE KRUPSKI: OK. I just thought there was some other development. MR. MOONEY: I have done nothing since the last time we were here. TRUSTEE KRUPSKI : And the letter from the DEC states. . . . . . MR. DEVLIN: I went to see Roy Reynolds and asked him about this and he wasn' t very cooperative and simply said we got an application Jan. 1995 . I asked a number of questions, I haven' t gotten any answers yet, so essentially nothing has happened with this. WILLIAM LEVELLE: I think that the Trustees have to be mindful. that pursuant to the Wetland' s Act, pursuant to Article II Sub Section J requires that documentary proof that all other necessary permits and approvals have been obtained. And it seems to me that the order in which Mr. Mooney had attempted to get a permit from the Wetland' s Act is not being complied with. Because he has not obtained other permits first. It is restricted, according to the Wetlands Act, it states there that you must have other approvals prior to receiving approval of the Wetlands Act from this Board. I think one of the reasons in this case that is an extremely important issue, is because the NYSDEC pursuant to their letter dated 12/11 through the Board has indicated that the current septic system, located on the south side of Rabbit Lane is not going to be allowed to rebuild again. It has to meet the current requirements of 100' away from the high tide line and the property is only approx. 60' line. So it seems to me that the DEC' s as a New York State Agency has jurisdiction as superior than the S.CHD. Even though the Health Dept. says you can use this septic. system over again, the DEA has clearly indicated in writing that that's not the case. So not only does the Board have. to decide, they have to decide later, because if you notice that on the. original application to the SCHD there is a survey which shows 2 separate septic systems on the north side of Rabbit Lane. One septic system is for the reposed house that' s being removed, and the other septic system is for a second proposed house on the Bay side versus the Lake. In actuality the Trustees may grant an approval tonight with conditions on several things. However, those conditions may change. I think that in. order for the Trustees to act responsible in this matter they should wait Board of Trustees 6 February 28, 1996 until these other approvals are made_ It is really hard for. the Trustees to assess whether or not there' s gonna be an environmental impact on this low line land if there' s gonna be two cesspool systems constructed on one plot of land versus one on one side of the road versus one on the other side of the road. The Trustees at this point do not know if the DEC or the Health Dept. is going to consent. I know the last time that we were here one of the Trustees had mentioned that this is barely in the jurisdiction of the Wetlands Act because the house is going to encroach approx. 3 ' or 5 ' within a 75 ' boundary. I would suggest to the Trustees that this specific piece of property is very unique. in that it is situated environmentally sensitive in that you have maybe a couple of hundred feet away, you have the Bay and you have a Lake. I believe that the Wetlands Act makes it encumbering on the Trustees to really evaluate whether or not there is an environmental impact and some of the septic systems being contained in the small areas of property that really has even been tested yet to see if it' s norm to discharge from (could not. hear him, too law) I believe it would be fool hardy for the Trustees to make that decision without the prior approvals of experts in this field. TRUSTEE. KRUPSKI : We have: one question. Do we have the same letter that you have from the DEC that you referred to? Dated 12/11? MR. LEVELLE: Yes. On my stamped copy you received it on 12/13/95. TRUSTEE KRUPSKI.: What you said was not consistent. with what it says. It says, "existing system may not be satisfactory for future use. If that is the case, then the system might as well be removed" . MR. LEVELLE.: Well it says, "Mr. Mooney is planning on utilizing the system in the future he would be held to current development restrictions of 1001 . It doesn' t seem to me to be mayor should or may have to. That seems to me pretty direct and concrete. I think what' s gonna happen here is that the DEC is gonna say you can' t use the abandoned. septic system. And then. your gonna get an amendment to the permit for two septic systems on the north side of Rabbit Lane. I will also point out that there' s a third piece of property that Mr. Mooney owns that according to the survey of the proposed on, it is also on the Bay side. I would like to know where the septic system for that third piece will be in the future. The. Trustees have to be mindful. of the slippery slope argument, at some point in time the Trustees will have to say, "you can't do this' . And at what point do you do it? At the point where there is observable environmental impact? The same problem happened with the clam churning this year with the south shore. and the Bayshore, Islip and Sayville areas. For years and years they talked about restricting the amount of clammers that could dig there but they didn' t take any action until the clam supply diminished almost to about harvesting proportion and still. 15 years later the clam population has not rebounded yet. And now fortunately as another individual said before is that it is very hard to see into the future. But that' s what your job Board of Trustees 7 February 28, 1996 requires you to do. I believe that it would be appropriate for the Trustees to table these until the. permits are in from the proper departments. I think. the Wetlands Act requires it. TRUSTEE KRUPSKI: Actually we amended that section. 97-22, in 1989. It says that we may waive that because. . . . . .What 97-21 J did was put the applicant and every applicant in a 'catch-22' situation. Every permitting agency has that clause in it' s code. And it puts them in a 'catch-22' situation where we can' t. approve until every other agency approves. They can' t approve until we approve. And that's why we put that waiver a into the. . . .because somebody' s got to make a decision eventually and it' s usually elected officials that. do. MR. LEVELLE: I read the waiver, however the waiver does finish up saying the requirements of such position are not necessary for proper consideration of a permit application. However, the fact that a cesspool system is ,going to be allowed in one location versus another makes it a proper consideration. I don't a waiver in this case, because of. that significant difference and what may be allowed there, makes this a basically. . . .it can change the entire application. Because I think that whether there are two separate systems or one is obviously a consideration important. TRUSTEE KRUPSKI: Any other comment? TRUSTEE WENCZEL.: Does the CAC have any comments? TRUSTEE GARRELL: I'd like to ask Mr. Mooney what makes you think. . . .and I think. you stated before that you would be getting the approval from the Board of Health for the cess pool system. Is this on the Bay side or the Lake side? MR. MOONEY: On the Lake side. I've had test borings done. there are other septic systems. There are two septic systems located on Mr. Devlin' s property. Both of those were installed within the last ten years.. I believe that I am well distant from both the Bay and the Lake to install a septic system at that point without necessity for any waivers or any permits.. I don't believe there is any problem in installing these septic systems for the house that is gonna. be moved onto the Lake side. With respect to the septic system on the Bay side, it was approved by the Health Dept. I needed a waiver because it was less than 100' from the Bay. At the time it was installed it was 92' from the Bay. I went to the Health Dept. , a hearing was held in the environmental services and a waiver was granted to us. That was obtained in 1984 or 1985. TRUSTEE WENCZEL: On your house on the Bay side, does the tide ever come up under that house? -MR. MOONEY: The tide came up under my house at the October, Holloween Storm and the December Storm in 1992. Those are the only two times that the. tides has come over the bulkhead. and didn' t wash out under the house. It came over the bulkhead on. those two occasions. TRUSTEE WENCZEL: Did it flood the cesspool area? MR. MOONEY: No, it did not. MR. LEVELL: May I point out that all the cesspools there are bermed. Because of the scenario that you just put there. that' s why they' re bermed. I think a test boring according to Board of Trustees 8 _ February 28, 1996 the Dept. of Health, they found it inadequate. And that' s why on their Jan. 4, 1995 documents, that' s signed by Roy Reynolds indicates several problems with the survey that was received. (Mr. Devlin spoke, but. I could not hear him) . TRUSTEE. KRUPSKI: What' s happened. in the past when we have concerns about septic systems, is we have asked the Health Dept. and they have been cooperative to act on a permit before. In fact we have in our public hearing we' re having an Assessment on an application where just the same thing happened. there was a great deal of concern about the septic systems, and we have asked the Health Dept. to act on that and they have in fact issued a permit just recently and now we are going to act on that. permit. MR. MOONEY: In all due respect, this is the 4th time I have been here on this application. This is not an unusual application. This is not an application where there is any major environmental impact. As you stated, I'm only encroaching. several feet onto your jurisdiction. I intend to comply and I must comply with the Health Dept. even before I can get a Building Permit. This Board can grant approval conditional upon me obtaining all of the permits which are necessary. I would expect that. I would .think if we' re negligent, which we are not. I see very little purpose in coming back here month after month after month. If I had been told 4 months ago that I must get Health Dept. approval when you come here, I would have said, "I know where you' re coming from, I will do that". . I think it' s really unfair at this point in time to table this again and then I 'm gonna have to come back 3 or 4 months from now after I 've gone to the Health Dept. and gotten all those permits.. I think that is unfair in this situation. I respectfully request that the Board to try to take a resolution; pass it, or deny it. Condition your approval on any approvals you want me to get. I 'm gonna get them. I have to get them. I know that. TRUSTEE. HOLZAPFEL: I just want to point out one thing. The reason you were back for 4 months is partly the way your application came in. It wasn't properly done in the sense that you had. asked a house off a piece of property and never got a permit for that. So we asked you to go back. . . .so when you say 4 months, it' s partly because of the way you applied for it. If you had applied for moving the house from the Bay front property immediately we would have acted on that a little bit quicker. It took two months for you to do that. I just want you to be clear in your mind. MR. MOONEY: I think that I have done everything that you want. TRUSTEE HOLZAPFEL: I agree, but. . ... . TRUSTEE. GARRELL: I think also the think that made it complex for it was it involved two lots swapping the house and the question of how you would utilize the lot where the house was moved from and whether that septic system was capped and useable. again. And then the additional complexity we get whenever there a conflict between neighbors. We try to give everybody a fair hearing and try to play with it and tease it out and address. all the concerns. So you go from one month to two months, etc. Board of Trustees 9 February 28, 1996 MR. LEVELL: I would just like to finish up. I don' t think a delay in this matter. . . . .and the Trustees have an enormous responsibility pursuant to what the Wetlands Act requires, but I think one of the issues that may have been addressed is, aside from the environmental impact for that septic system is that no other property in this location is 50 ' wide and has a size house that Mr. Mooney is planning on putting there. It doesn`t fit. He wants to build a house there., he should build a house that is conducive to the type of area that it is. That house: is not conducive. The other lots that have houses on lots near Mr. Mooney' s are 80 ' wide. This is 501 . There' s 10' on either side for passage for scenic views of Lake Marion. It is exactly one of the reasons the Wetland Act was enacted. To protect the type of environmental aesthetic views that exist in this location. It may be financially or economically for Mr. Mooney to move his house on such a manner but I don' t think that Board of Trustees should loose sight of the Wetlands Act_ because it' s a financial improvement for Mr. Mooney. if a house belongs there then he should build a house that fits. This house does not fit there. I'm sure. you have all looked at the location and seen that it' s a very narrow piece of property and the house is large. TRUSTEE KRUPSKI: Can I have amotion to close the public hearing? DAN MC CONLOGUE: I live on Marion Lake and I guess over 20 years ago we built a house with a view of the Bay. Somehow or other there were a lot of two or three story hous.es. that were built all along there and little by little it' s being blocked out and we can't see any "blue" . . They are building big houses on small lots. And yet I have a problem because I believe people should be able to develop their property within the boundaries of the regulations. TRUSTEE KRUPSKI: We did have one question on the building envelop itself, that the house should not exceed. . . TRUSTEE HOLZAPFEL: I see no problem personally moving the house. to the other piece of property. I do think it' s outside most of our jurisdiction. I do have a major concern with the present cesspool on the Bay side. And that my concern is. that it is very close to the Bay. The next door, to the property to the west has eroded fairly dramatically. My concern was the idea of building in that envelop. And it deals with the cesspools system in. particular. In that if you build in that envelop. . . .lets presume you build a 6 bedroom house. The Health Dept. comes through and they're gonna demand a. whole new cesspool system that' s dramatically different. And I have concerns voting to allow you build- anything within the envelop without us having- some idea what that' s gonna be. And that' s where my reservation is in the sense of. —I have no problem with you moving the house across to the other property, but I personally think that should be separated from what' s gonna be built on the Bay front property. In other words what you build. there, we should be voting on what a plan of what your gonna do. Not on some. . . . l6 Board of Trustees 10 February 28, 1996 MR. MOONEY: I understand that and I have no problem with that. And when I first came in it was just to move the house. Then I was gonna come back with another application. TRUSTEE HOLZAPFEL: No, what we asked you to do is bring in an application for the Bay front property showing that you were going to move the house. You had no application for the Bay front property. And you wanted to pick up a. house on that property so you needed a permit to do that activity. That' s what you asked us to come for. But part of that deal. . . .I think just appeared that you're gonna build another house inside that envelop. That' s where my only concern is. Is that that house isn't unknown. MR. MOONEY: It' s gonna be on the same footprint. Then there' s height requirements in the Town. You can't go over 32 ' . You can' t go over two stories. TRUSTEE HOLZAPFEL: right, but when the Health Dept. comes and says, "you have 7 bedrooms", they' re going to apply 'to much more stringent cesspool system. I don' t know whether your gonna have 1 bedroom or 7 bedrooms. I don' t want to vote for something. . . . . .I don' t feel that I 'm gonna give a blank vote to a house that I don' t know what it' s gonna be or will require a septic system that I have no idea. . . . MR. MOONEY: May I make a suggestion. Can the Board say to me, "before you construct a new house, you come back and get approval" . TRUSTEE HOLZAPFEL: Fine. TRUSTEE KRUPSKI: So what this would be strictly to move the house. TRUSTEE HOLZAPFEL: Can we amend it to simply move the house from its present location? MR. MOONEY: Yes, I have no problem with that. MR. LEVELL: What if the DEC comes back and says, "you have to put the cesspool across the street? TRUSTEE HOLZAPFEL: That' s a whole new ballgame. A whole new application. For your own information, I think the Health. Dept. has just recently changed its requirements to some extent in allowing much more freedom for a person who is building in an environmentally questionable area. They're allowing other things now, as of January. They've come through with a closed system. That somebody can come in and pump out so that now you don't need the: cesspool system anymore. There other things happening and I don' t think we' re at this paint gonna judge what' s gonna happen in the future.. I'm not gonna vote on a house that I don't know what it looks like. I think what we're dealing with is simply a permit to move the house, physically move the house and that' s all we're talking about at this moment. TRUSTEE KRUPSKI: Over the last 4 months we've been over this which is the best way to go. We decided to split the application and the CAC thought we should keep it as one and everyone had. a different opinion. I think it' s just best to move ahead with what we have because there's no right way here there' s just different ways. So, do I have a motion to close the public hearing? TRUSTEE GARRELL: So moved. Board of Trustees 11 February 28, 1996 TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE- HOLZAPFEL: I' ll make the motion that we approve the moving of the house from the Bay front property to the Lake property with the condition cesspool be pumped and capped and entire property except for the. structural poles be cleared, no debris left. TRUSTEE GARRELL: Second. ALL AYES 8 :35 p.m. - In the matter of Proper-T Services on behalf of VIVIEN SOO requests a Wetland . Permit to construct a single-family dwelling approx. 54' X 36' overall, with private sewage disposal system, and private well. Also to construct a dock consisting of 3 ' X 6' platform, a 3 ' X 16 ' ramp, and a 6' X 20' float with two piles to secure float, and a 30 ' non-turf/non fertilized buffer installed. Located: 265: Cedar Point Drive east, Southold. SCTM #90-3-9 TRUSTEE KRUPSKI: Is there anyone here 'who would like to speak in favor of the application? The only thing we brought up in the worksession was the addition of phragmites control program. We could add this as a condition. Is there anyone here who would like to speak against this application? CAC says they are gonna table the application because it wasn' t staked so .they could not comment on it. TRUSTEE HOLZAPFEL: We talked about it a little earlier and Jim. did not get paper work asking to stake it, so that' s why it didn' t get inspected by the CAC and I suggested maybe we could. do it as a conditional approval. based on CAC inspection of it. ALLAN CONNEL: I personally inspected it and I don' t have a problem with it. . The Board as a whole wanted to look at it. TRUSTEE GARRELL: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE HOLZAPFEL: I 'll make a motion to approve the application with condition that applicant may cut phragmites to a 1 ' height and maintain. TRUSTEE GARRELL.: Second. ALL AYES 8:37 p.m. - In the matter of John Geideman on behalf of N. CHARLES DE LUCA requests a Wetland Permit to construct a 4' X 265 ' catwalk over heavy growth of Phragmites. for beach access. Located: 3525 Paradise Point Road, Southold. SCTM #81-1-15. 8 TRUSTEE KRUPSKI: Is there anyone here who would like to comment on this application? CAC recommends disapproval because the project will. allow degradation of.a wild life habitat and infringe on a wild life corridor. CAC suggests that since the applicant has. foot access he continue with a 4 ' wide access. to the present location along the property line to continue with Trustee approval and keep the phragmites cut along the pathway for access. ALLAN CONNELL: The CAC is very concerned. in that zoning one catwalk going across Town Wetlands is a potential for at least two more. And just thinking of the aesthetics value on the. wetlands whether a second. . . . . .it would be awfully nice if these. homeowners could work together and utilize the one catwalk. We Board of Trustees 12 February 28, 1996 have a problem with 3 catwalks across the wetlands. There is open water there and if you put three catwalks across that you will pretty much destroy that wetland. He does have access to the beach. Granted, it' s foot access. He' s keeping the phragmites cut. TRUSTEE. KRUPSKI: That's one thing that I. wanted to suggest also that maybe he could have the catwalk starting at the house going out I guess half way until you come to the upland portion. Then it can continue on to ground level. MR. CONNELL: I would rather see something portable in there. . like a portable catwalk that could be removed rather than stationary. TRUSTEE KRUPSKI: Yes, but if you something portable it' s gonna kill the vegetation in the summer. If. they remove it in. the winter it' s not gonna matter. If they put something stationary you get vegetation under it and at least they could access the higher ground further out. TRUSTEE WENCZEL: Maybe we need a survey with elevations on it. TRUSTEE HOLZAPFEL: They didn.' t want. any part of the legal things if somebody walked on it and got hurt if there was one catwalk for all neighbors. TRUSTEE KRUPSKI: We walked down the existing catwalk ' till we came back from the Bay. So a good portion of that is upland. MR. CONNELL: I know we 'are talking from the house out there Is, like Peter says, is a lot of wetlands.. There is some upland area but not a lot. TRUSTEE KRUPSKI : You think about a third of that is upland? TRUSTEE HOLZAPFEL: I think it' s worth looking at. TRUSTEE KRUPSKI: I ' ll make a motion to table and to re-inspect. , We' re gonna need elevations on the survey. TRUSTEE HOLZAPFEL: Second. 8 : 45 p.m. - In the matter of SUSAN MAGG requests a Wetland Permit to construct a 3 ' X 100' catwalk mostly over private property to access Halls Creek. Located: 495 Halls Creek Drive, Mattituck. SCTM # 116-7-4 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor or against the application. CAC recommends approval. TRUSTEE GARRELL: Move to close the public hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES - TRUSTEE GARRELL. Move to approve. TRUSTEE HOLZAPFEL: Second. ALL AYES 8: 47 p.m. - In the matter of FRANK SCAVONE requests. a Wetland. Permit to remove dead vegetation and debris, re-vegetate and install boulders as indicated. on submitted plans received Dec. 13, 1995. Located: 1615 Fleetwood Road, Cutchogue. SCTM #137-4-35 MR. CONNELL: I met with Mr. Scavone and he agreed to do away with the boulders, to regrade the slope to a natural repose and then plant. He was supposed to' send. in the amended plans. but I haven't seen any. He was in our agreement to eliminate the boulders and regrade and then plant. TRUSTEE HOLZAPFEL: Were: you doing the plans for him? Board of Trustees 13 February 28, 1996 MR. CONNELL: No, all I did was give him recommendations on. types of plants. He had his landscaper there. Our biggest concern was the boulders at the toe of the slope. TRUSTEE KRUPSKI : Our concern was the boulders in the middle. MR. CONNELL: Our concern too. They were only for aesthetic purposes. He agreed to do away with them. TRUSTEE GARRELL: Move to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES 8: 48 p.m. - In the matter of MICHAEL PISACANO requests a Wetland Permit to clear- area for construction of a 1,700 s.f. single family dwelling. Located:, 8095 Sound Ave. , Southold. SCTM #59-6-16. TRUSTEE KRUPSKI: I ' ll make a motion we table this until the DEC flags for wetlands. TRUSTEE HOLZAPFEL: Second. ALL AYES 8 : 48 p.m. - In the matter of ROBERT MORRISSEY requests a Wetland Permit to remove and replace 139 l.f. of bulkhead in same location and configuration and add two 8' returns. Dredge up to 10 ' off bulkhead to maximum depth of 4 ' below ALW. Resultant spoil will be used for backfill, approx. 30 c.y. Lacated: 265 Elizabeth Lane, Southold. SCTM #78-5-5 7 : I m' tt o an U Co on eh C S P S s a nd in al of r u a ) X • 8 ' on tr n s d h m �k. 10 o c n u b e i1 b e e u a o n t c t V' S S 1 20 TRUS E KRU SKI : Is t ere anyone here who wishes to speak. in. favor or against this application? TRUSTEE WENCZEL: Move to close. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE HOLZAPFEL: I'll make a motion to approve the application with condition of a. 201 ,non-turf/non-fertilized buffer. TRUSTEE GARRELL: Second. ALL _AYES 8:50 p.m. In the matter of Land Use. on behalf: of CHRIS PAPPAS. request-a Wetland Permit to install 36 ' of timber bulkhead and. (1) 413" X 18 ' long triton marine.mattress landward of the mean high water mark. Ten cubic yards of clean fill will be utilized to backfill. between existing bluff and bulkhead and to attached to neighbor to west. Located: Sound View Ave. , Southold. SCTM #51-1-1.9 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application? CAC comments are. . . .approval. TRUSTEE HOLZAPFEL: Move to close the hearing. TRUSTEE GARRELL: Second. ' ALL AYES TRUSTEE GARRELL: Move to ;approve. Board of Trustees 14 February 28, 1996 TRUSTEE WENCZEL: Second. ALL AYES TRUSTEE GARRELL moved to go back to the Regular Meeting, TRUSTEE. HOLZAPFEL seconded. ALL AYES V. ASSESSMENTS: 1. WILLIAM & CHRIS. CONNORS requests a Wetland Permit to construct a single family, two-story dwelling, a 10 ' X 25' deck on north side, a 5 ' X 25 ' deck on south side, sanitary system, septic system with 5 leaching pools, well and a 375 s.f. driveway. Located: West Drive, Southold. SCTM #59-5-29.3 TRUSTEE GARRELL moved to give a Negative Declaration, TRUSTEE KING seconded., TRUSTEE WENCZEL Nay, ALL OTHERS AYES 2. Policy to limit width of residential docks over tidal water and tidal wetlands which will restrict -the width of dock construction to 3 feet. TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE. HOLZAPFEL seconded. ALL AYES 3 . Policy to limit size of residentia.1 docks on Peconic and- Gardeners Bays to restrict the length of docks to extend no further than 100 ' from mean high. water. TRUSTEE WENCZEL. moved to give a Negative Declaration, TRUSTEE HOLZAPFEL seconded. ' ALL AYES 4. Policy will allow fences delineating property lines to extend seaward only to the point of peak lunar high tide, and to be no more dense than a split rail fence. TRUSTEE WENCZEL moved to give a Negative Declaration, TRUSTEE HOLZAPFEL seconded. ALL AYES V. RESOLUTIONS: 1. En-Consultants Inc. , on behalf of CAROLINE ELFERS requests a Grandfather Permit to remove/replace inkind/inplace. 241+/- l.f. of existing timber bulkhead, backfill with 150 c.y. of clean sand topped with 40 c.y. of top soil trucked in from upland source, and a 4' X 4' platform sill will be removed and replaced. Located: 4075 & 4205 Paradise Point Road, Southold.. SCTM #81-1-9 & 10 TRUSTEE HOLZAPFEL moved to approve the Grandfather Permit with condition that no top soil be used and a 20 ' non-turf/non-fertilized buffer be used. 2. DANIEL C. MOONEY requests. a Wetland Permit to construct a foundation, septic system and well for the placement of a house that was removed from Bay side. of Rabbit Lane. Located: north side of Rabbit Lane, 401' east of Bay Ave. , East Marion. SCTM #31-17-11 TRUSTEE KRUPSKI moved to approve the Wetland Permit based on a 30 ' non-turf/non-fertilized. buffer be placed, TRUSTEE. WENCZEL seconded. ALL AYES. Board of Trustees 15 February 28, 1996 .Meeting Adjourned at: 9 :30 p.m. Respectfully Submitted By: r Diane Jlf Herbert Clerk, Board of Trustees