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HomeMy WebLinkAboutTR-10/23/1996 Albert J. Krupski,President �O��SUFFO(�CO Town Hall John Holzapfel, Vice President IM Gy< 53095 Main Road Jim King y = P.O. Box 1179 Martin H. Garrell py �� Southold, New York 11971 Peter Wenczel 4jjog�1 a0 Telephone (516) 765-1892 Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES OCTOBER 23 , 1996 PRESENT WERE: Albert J. Krupski, Jr. , President John Holzapfel, Vice-President Peter Wenczel, Member Martin Garrell, Member James King, Member Jill Doherty, Clerk CALL MEETING. TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wed. November 14, 1996 12:00 P.M. NEXT TRUSTEE BOARD MEETING.: Wed. ,November 19, 1996 7P.M. WORKSESSION: 6:00 p.m. APPROVE MINUTES: Approve minutes of September 25, 1996. Regular Meeting. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTER HOLZAPFEL to approve the' September'minutes. I. MONTHLY REPORT: The Trustees monthly report for September 1996: A check for $3,274.76 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. WILLIAM HANDS, JR. requests an amendment to permit #E4605 to add a 14' X. 39' porch, 14' X 14' to be screened in as per survey dated September 28, 1996. Located Willow Terrace Lane, Orient. SCTM #26-2-21. A motion was. made by TRUSTEE HOLZAPFEL and seconded-by TRUSTEE KING to approve the amendment. ALL AYES. 2. Fred. Milner on behalf of JAMES HOMAN requests a waiver to. construct a 516" X 11' addition on existing deck: Located 430 Private Road, Fishermans. Beach. SCTM #111-1-14. Board of Trustees 2 October 23, 1996 �7 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to approve. ALL AYES. 3 . Charles. Thompson on behalf of EDWIN & MARGARET PISANI requests a Waiver to replace house in existing foot print as per survey dated April 18, 1995. Located Peconic Bay Blvd. , Laurel. SCTM #126-11-9.1. A motion was made by TRUSTEE KING and seconded by TRUSTEE HOLZAPFEL to approve. ALL AYES. 5. Lawrence P. Gorman on behalf of DAVID PAGE AND BARBARA SHINN requests an amendment to permit #4566 to change the name from Kent Poey to the above name., current owner, and to add gate addition to exiting stairs. Located 19965 Sound View Ave. , Southold. SCTM #51-4-5.1. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KING to approve. ALL AYES. IV. PUBLIC HEARINGS: A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE HOLZAPFEL to go off regular meeting and go on public hearings. ALL AYES. 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 TRAVELER/WATCHMAN. 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. CHRISTINE ANDERSON requests a Wetland and Coastal Erosion Permit to place boulders along foot of bank and replant bank. Located 1000 Sound Drive, Greenport. SCTM#43-4-3. CAC recommends approval of replanting of the bank and' suggest that the applicant contact Natural Resources. Recommends disapproval of the reconfiguration of the boulders. The toe is stable, erosion problems. occurred on the top of the bluff not the toe. TRUSTEE KRUPSKI: I thought we saw toe failure there. TRUSTEE WENCZEL: I thought I saw toe failure too. TRUSTEE HOLZAPFEL: It is not my favorite project as you know. The edges seem to leave a lot to be desired. A motion was made by TRUSTEE KRUPSKI and TRUSTER HOLZAPFEL to recess hearing until November 19th meeting. Board wishes to inspect with the applicants engineer in November. ALL AYES. Also to try and have DEC out at the same time and send plans to Fred Andres at the Dept. of State. 2. Suffolk Environmental Consulting on behalf of CAROL CASSEL requests a Wetland Permit to construct a 10' X. 12' sitting area attached to existing catwalk. Located 800 Willow Point Road, Southold. SCTM #56-5-39. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the applicant? BRUCE ANDERSON: Suffolk Environmental Consulting on behalf of CAROL CASSEL. Here is the affidavit of posting. When I first came involved Board of Trustees 3 October 23, 1996 in this you where looking at was a "T" shaped sitting area. Which was twice the size at what you see now. My recommendation was to cut it in half. They initially located it down above the rocks along the shore. line. We met in the field. My testimony was that it was done in. variance with the standard set forth in the wetland ordinance law. Your suggestion was to come back and locate it landward of the tidal wetlands line. I talked to my client, it is acceptable to him. I have revised the survey' s accordingly. TRUSTEE WENCZEL: How come it is over the wetland line? TRUSTEE KRUPSKI: That is further back than what we discussed. TRUSTEE WENCZEL: That corner is over the wetlands. BRUCE ANDERSON: It. is the surveyor. If you want to say move it back a foot or two, we don't really care about that TRUSTEE KRUPSKI: Any other comment? CAC comment: recommends disapproval, permit to be denied because the project would have an impact on the wetland vegetation. CAC suggest that the deck be built upland, i.e. lawn area. TRUSTEE KRUPSKI: CAC did not see the revised drawing. So their comments are not applicable. TRUSTEE WENCZEL: I think that should have an opportunity to review it. TRUSTEE HOLZAPFEL: Is there a time limit on this Bruce? BRUCE ANDERSON: Probably not. If you want to take another two weeks to review it. TRUSTEE KRUPSKI: Technically the CAC should take a look at. TRUSTEE HOLZAPFEL: It intrudes very close to the shoreline. My other side is that, I think it interferes with shoreline activity of natural things.. If you are going to have everybody sitting down at that spot, you can influence what lives in that area. That is my only point. I do think it does have an effect. A motion was made by .TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL. to recess the hearing until next month. ALL AYES. 3. Suffolk Environmental Consulting on behalf of MARK MCDONALD requests a Wetland Permit to construct a single-family dwelling, deck, pool, sanitary system approx. 75' from edge of wetlands.. Located Private Road off Orchard Lane, Cedar Beach Park, Southold. SCTM# 89-3-11.3 . TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of or against this application? BRUCE ANDERSON: Suffolk Environmental Consulting for the applicant, McDonald. You went out to the site you should have seen that the fill line was staked, the property boundaries were staked, the wetlands. were flagged, the proposed house and septic system were also staked. It is a routine application. What we have done is that we have set the house back 75' . It is a fairly restrictive lot. It is not a very deep lot in terms of the amount of upland avai:lable.. You can see by looking at the survey, approx. half. the site is wetlands. It was created as part of a subdivision. The only reason we are here is because the fill crosses over that 75' setback line. The reason why the fill is there is number one to elevate the house so that is conforms with applicable flood plain regulation. Also more important to this board is to elevate the septic system. TRUSTEE KRUPSKI: I think the only condition that I would like to see, is hay bales placed at the 7' contour and be left there. Have -no disturbance landward of it. BRUCE ANDERSON: Also a silt fence back behind that. Board of Trustees 4 October 23, 1996 'TRUSTEE HOLZAPFEL: I the survey it says a proposed 72' waterproof concrete retaining wall. Is that 72' long and then it comes out across in front? Or is the concrete wall on the side. On the survey. BRUCE ANDERSON: Yes that is a concrete retaining wall. It has to be. . . TRUSTEE HOLZAPFEL: I understand. Is it just running along the property line? BRUCE ANDERSON: It does but it bevels in towards the house. TRUSTEE HOLZAPFEL: My real question is will you ever get permission to but that on a property line? BRUCE ANDERSON: Yes. TRUSTEE HOLZAPFEL: There is no setback? BRUCE ANDERSON: No because the only reason for the wall is because you have to maintain a 20' slope from the outer ring to the property boundary' s. Because the system is mounded, you can't maintain that slope. The remedy is to but a low profile concrete retaining wall to contain that fill. The reason that it' is concrete and water proof, is that technical matter that involves a side leaching from the septic ring. In truth it probably doesn't matter that is its water proof. It is a requirement. TRUSTEE HOLZAPFEL: They will allow you to put it on the property line? That is my only question. BRUCE ANDERSON: Yes. TRUSTEE KRUPSKI: CAC comments, recommend approval. Any other comment? I will take a motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I will make a motion that we approve the application of Mark McDonald with the addition that a line hay bales. be placed a 7 ' contour line with a silt fence. , TRUSTEE KING: Second. ALL AYES.. 4. En-Consultants, Inc. on behalf of WUNNEWETA POND ASSOCIATION requests a Wetland Permit to replace within 1811, 56 l.f. ,5 l.f. , 177 1.f. and 25 l.f. of bulkheads. Add a new 10 1.f. return.. Backfill with 65 c.y. clean sand to be trucked in from an upland source. Located Bridge Lane, Cutchogue. SCTM #118-1-11. TRUSTEE KRUPSKI: Is there anyone that would like to make a comment on the application? DIANNE LE VERRIER: From En-Consultants representing Wunneweta Pond Association. Basically the bulkhead is badly deteriorated and we will replace in front of it. The area where they want to put in the return is also badly eroded. I have 'the DEC permit. TRUSTEE KRUPSKI: Any comment of the. Board or questions of Dianne? TRUSTEE WENCZEL.: It looks. pr.etty straight forward. CLERK: CAC recommends approval. TRUSTEE KRUPSKI: I will make a motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE GARRELL: I will make a motion to approve. TRUSTEE KING: Second. ALL AYES. 5. En-Consultants, Inc. on behalf of BRUNO CIPPITELLI requests a. Wetland Permit to construct a timber dock consisting of a 4' X 88' fixed elevated walk, ( 4' above grade of marsh) , a 3 ' X 14' hinged ramp,. and a 6' X 20' float with 2 pile dolphins. Located 220 Broadwaters Road, Cutchogue. SCTM #104-10-7 TRUSTEE KRUPSKI: Anyone here who would like to speak in,favor of or against the application? Board of Trustees 5 October 23, 1996 !? DIANNE LE VERRIER: En-Consultants representing. Bruno Cippitelli. I sent in the revised drawings a. couple of weeks ago. The revised drawings show the proposed dock in the middle of the property. I spoke with Mr. Cippitelli and the contractor and- they were both amenable to moving it. TRUSTEE KRUPSKI: Thank you. Anyone else like to comment? JOE GOLD: Representing the the property owners to the east. The matter of which we discussed at the last meeting has been resolved. I would just like to make a comment in. general. This is just a little. corner of the creek there that have very narrow lots. I said at the last meeting that there is potential for 3 more docks there. There is actually 4 more. It might be something to keep in mind that locating the dock in the center of the property is the least intrusive to the adjacent property owners. There are going to be some day 7 docks on 600' of water front there. TRUSTEE KRUPSKI: Thank you. You have seen the revised drawing then? JOE GOLD: I haven't seen the drawing. TRUSTEE GARRELL: Joe is there any hope of getting people together to share a dock so you can have docks. instead of 7? JOE GOLD: I really can' t speak for the people in that area. Within the are that is live in., it is hard to get people together for anything except putting out a fire. TRUSTEE KRUPSKI: Any other comment? Board comament? TRUSTEE WENCZEL: I think that one of the conditions of the dock should be that the dock should be no longer than a line drawn between the adjacent docks. If the 98' catwalk happens. to. put it out beyond that point, they would be required to cut that back at the time of construction. Also we don't want to see any more mowing of the wetlands. DIANNE LE VERRIER: We discussed that with them. TRUSTEE KRUPSKI: Good. Because next year it would be a violation. TRUSTEE KRUPSKI: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE WENCZEL: I will make a motion that we approve the application of Bruno Cippitelli for a wetland permit to include the stipulation that under no condition shall the dock be any longer than a line drawn between the two adjacent docks. We would expect it to be cut back if that were the case. TRUSTEE HOLZAPFEL: Second. ALL AYES. 6. Henry Raynor on behalf of MICHAEL RAYNOR requests a Wetland Permit to remove approx. 80' of dock and leave 3' X. 60' and 4' X 18' docks and construct approx. 130 ' bulkhead with approx. 15' return on north side of property, also to construct a single. family dwelling with associated sanitary as per survey dated August 27 , 1996. Located 890 Old Harbor Road, New Suffolk. SCTM #117-5-22. Board to recess this hearing until the November 20th regular meeting. Once the question. of the. location of the zoning line is answered, the Board will proceed with its review. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE. HOLZAPFEL to recess the hearing until the next meeting. ALL AYES. 7. En-Consultants, Inc. on behalf of EDWARD THORP. requests_ a, Wetland Permit to construct a 2-story, 1-family dwelling, swimming pool, decks, pervious driveway, underground utilities, sanitary Board of Trustees 6 October 23, 1996 system, well, as per revised survey dated 4/17/96. Located: 385 North Lane, East Marion. SCTM #k31-7-10. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the applicant? DIANNE LE VERRIER: En-Consultants representing. Edward Thorp. Last time I was here I had brought up that he had gotten some feed back from the Department of Health with regard to an existing well. I got some feed back from Ed Thorp. He told us that the proposed well. on the south side was from a previous subdivision and it was denied by the Health Dept. They are not going to do anything with that. It has no effect on the current proposal.. It was just there on the survey. The existing well has a question on. Basically it was a test. well that had been dug and they have the information and the Health Dept. has everything on file. TRUSTEE HOLZAPFEL: 'So the existing well isn't functional? DIANNE LE VERRIER: It was done and tested by Kreiger Well. It is not functional now. TRUSTEE HOLZAPFEL: The reason I am saying is that now you can .see the septic system. It wasn' t on last survey, I don' t think. DIANNE LE. VERRIER.: Yes it was. TRUSTEE HOLZAPFEL: It seems to be in the most undesirable place in terms of protecting the water. TRUSTEE KRUPSKI: Is it out side of our jurisdiction based on your inspection? TRUSTEE HOLZAPFEL: It is right here. It is one of those things that. it is outside but it is close. TRUSTEE KRUPSKI: The survey says 1001 . What do you think it was.? TRUSTEE HOLZAPFEL: I suspect it is. TRUSTEE KRUPSKI: So it is outside. TRUSTEE HOLZAPFEL: Right. I had no problem looking at it. I just thought there should be a hay bale line. TRUSTEE KRUPSKI: The CAC recommends approval provided proper erosion and sidement controls. TRUSTEE HOLZAPFEL: There is a dramatic: drop off into the lake. DIANNE LEVEIRE.: Those issues would be up to the Health Department. TRUSTEE HOLZAPFEL: Right. O.R. TRUSTEE KRUPSKI: Any other comment? Do I have a motion to close the hearing? TRUSTEE GARRELL: So moved. TRUSTEE HOLZAPFEL: Second. - ALL AYES. TRUSTEE HOLZAPFEE: I will make a motion that we approve the application. of Edward Thorp with the conditions that a row of hay bales and silt fence be placed at the 75' set back or above the 15' contour, whichever is easier to do, and that the case of a swimming pool that there be A drywell for the back wash. TRUSTEE GARREL : Second. ALL AYES. The Board spoke with Ms. Anderson and will meet with her and her contractor on field inspections. The Board will also try and get the DEC there. V.' RESOLUTIONS: 1. IRENE MARY WARNY requests a Grandfather Permit for a 8' X 12' sitting area that was built prior to 1991. Located 1077 Willow Point Road, Southold.. SCTM #56-5-39. Board of Trustees 7 October 23, 1996 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE. HOLZAPFEL to approve the grandfather permit subject at such time that the structure is no longer functional before it is rebuilt it must be moved back ( landward) 101 . ALL AYES.. 2. Costello Marine Contracting on behalf of JANE WHITE COOKE requests a Grandfather Permit for 250' bulkhead built prior to 1965. Located 10245 Nassau Point Road, Nassau Point. SCTM #119-1-11,12,13. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE. HOLZAPFEL to approve the Grandfather Permit. ALL AYES. 3 . En-Consultants on behalf of WUNNEWETA POND ASSOCIATION requests. a one year extension on permit #4405 allowing the channel.. to be dredged, to expire January 1998. Located Bridge Lane., Cutchogue. SCTM #1.18-1-11. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve the one year extension. ALL AYES. 4. Proper-T Permit Services on behalf of ANDREAS PALIOURIS requests a one year extension on permit #4383 for single family dwelling, to expire October 27, 1997. Applicant is getting Health Dept. approval and plans to start construction in the Spring of 97. Located Private Road off Sound View Avenue, Southold. SCTM #59-9-4.2. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to grant a one year extension. ALL AYES. 5. Proper-T Permit Services on behalf. of MICHAEL LEAHY requests a one year extension on Permit #4379 for additions to house and constructing a dock, to expire October 1997. Located 2200 Hobart Ave. , Southold. SCTM #64-3-4. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to approve a one. year extension. ALL. AYES. 6. Board to recommend. to the Town Board to change the residential. limits from 1/2 a bushel to. two hundred oysters per day. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to send. the above recommended change to the Town Board and the Code Committee. ALL AYES. VI. MOORINGS: 1. Dr. Cappello requests a duck blind in Corey Creek (.near The Cove) as per Bay Constable. A motion was made. by TRUSTEE HOLZAPFEL and seconded by TRUSTEE. GARRELL to have Don Dzenkowski to find a location for the duck blind and approve same. ALL AYES. Meeting was adjourned 8:30 Respectfully Submitted By: ' 11� Dohertyferk oard of Ts.