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HomeMy WebLinkAboutTR-09/28/1995 Albert J. Kru ski, President O` 0 Town Hall John Holzapfel Vice President �� Gym 53095 Main Road cm William G. Albertson co = P.O. Box 1179 Martin H. Carrell Southold, New York 11971 Oy • �� Peter Wenczel �fpl �•a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTE SEPTEMBER 28, 1995 PRESENT WERE: Albert J. Krupski, Jr. President William G. Albertson, Member Martin H. Garrell, Member Peter Wenczel, Member Jill Doherty, Clerk ABSENT: John Holzapfel, Vice President CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, October 26, 1995 at 7PM WORKSESSION: 6: 00 PM NEXT FIELD INSPECTION: Wednesday, October 18, 1995 at 12 noon APPROVE MINUTES: Approve minutes of August 31, 1995 regular meeting. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE ALBERTSON to approve the minutes. ALL AYES. I. MONTHLY REPORT: Trustees monthly report for August 1995: A check for $3,418.58 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. PROPER-T PERMIT SERVICES on behalf of MICHAEL LEAHY request a 90 day extension on paying the fees on permit #4379 to construct additions to house. The applicant is having difficulty with the DEC. Located 2200 Hobart Ave. , Southold. SCTM #1000-64-3-4. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to grant a 30 day extension. ALL AYES. 2. PROPER-T PERMIT SERVICES on behalf of CHARLES MILLMAN request an amendment to permit #4471 to relocate and reconstruct dock as follows; 4 ' X 72' walkway, 4' X 16 ' ramp and a 6 ' X 20 ' Board of Trustees 2 September 28, 1995 float, two 2-pile dolphins. Located 2760 Deep Hole Drive, Mattituck. SCTM #1000-123-4-10. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to DENY the 'amendment and request a full permit. Applicant can amend the permit to move dock over and keep it the same size.. Board feels that this is' a different structure. ALL AYES. 3. ENVIRONMENT EAST on behalf of JOAN TECHET request a .waiver to construct .a 12.8' X 27' addition. with a breezeway attached to a 24' X '32' garage, and patio additions as per survey. Located Salt Lake Lane, (Rochelle Place) , Mattituck. SCTM #1000-144-5-11. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to approve. ALL AYES. 4. JOSEPH POTTGEN request a Waiver to construct a 1000 s.f. deck as per plans. Located '550 Blue Marlin Drive, Southold. SCTM #1000-57-1-27. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE ALBERTSON to approve. ALL AYES. 5. EN-CONSULTANTS on behalf of JOHANNA SMITH request amendment to permit #4404 to construct a 3 ' X 12' ramp and 6 ' X 18 ' float secured by (2): 8" pilings attached to existing bulkhead. Located Mason Drive, Cutchogue. SCTM #1000-104-7-5. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON. ALL AYES. 6. EN-CONSULTANTS on behalf of PAOLO LAVAGETTO request an amendment to permit #3957 to ,modify the floating portion of an existing dock. The (2) existing 6' X 20' floats in a "T" configuration will be relocated and. a 4' X 23 ' float added to form a "U" shape. Floats will be secured by' a total of (8) . pilings. Proposed float arrangement will afford more protection to boat and will allow easier access. Located' 1300 Mason Drive C.utchogue. SCTM #1000-104-7-7. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE. ALBERTSON to DENY the application and request a' full application. The Board feels that the amended structure will monopolize the bottom. ALL AYES. V. 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. PLEASE KEEP YOUR COMMENTS ORGANIZED AND .BRIEFc FIVE (5) MINUTES OR LESS, IF POSSIBLE Board of Trustees 3 September 28, 1995 7:45 p.m. - In the matter of 1995/96 SCALLOP SEASON to set the dates in Town Waters. TRUSTEE KRUPSKI: Before I take any public comment I_ would like to say Because of the health of the shellfish itself, the state season has been set for- October 30th. The State season has been . put back a whole month from what it originally was. This is in order to give the. shellfish time to spawn. There was. either no spawn or the spawn didn't survive the spring. If the scallop gets the chance to spawn in the fall, which supposedly 500 of the scallops are ready to spawn in the fall. Which is unusual, but in nature, the animal wants to reproduce and this is its last chance. In order to continue the scallop population for future years, we would like . to give them every opportunity to reproduce. That is the reason At has been set back to October 3.0th in State waters. This public hearing we will discuss opening Town waters to recreational harvesters and when' to set the opening to commercial harvesters. TRUSTEE WENCZEL: There is just one other point of business while we are doing this, if you recall when we where doing the work to change the state season we all signed a letter that we would support a resolution to make that change. We just need to act on it. Maybe we can do initially and then go on with the Town season. TRUSTEE KRUPSKI: That is fine. TRUSTEE' WENCZEL: I would like to- read a draft resolution. WHEREAS, Brown tide conditions have existed in the Peconic Bay System during the Summer of 1995; and, Whereas, as there has been no Bay Scallop reproduction during the normal spring-summer spawning season due to the Brown Tide, and, Whereas, it has been shown that when Bay Scallop reproductive failure occurs due to Brown Tide that spawnings can occur during the months of September and October after the Brown Tide abates, .and, Whereas, .the present poor conditions of the scallop meats is expected to greatly improve by allowing the scallops time to recover from the effects of the Brown Tide by delaying the scallop season for 4 weeks, and, Whereas, the five East End Town Baymens Associations have met with the Department of Environmental Conservation and have proposed and unanimously support a delay of the opening of the Bay Scallop Season to October 3.0, 1995, NOW, BE IT THEREFORE RESOLVED, that the Town Trustees of the Town of Southold, support and endorse the proposed delay of the start of the 1995 Bay Scallop Season to October 30, 1995. ' TRUSTEE KRUPSKI: Second. ALL AYES. TRUSTEE KRUPSKI: Is there any comment on the Scallop Season. TRUSTEE WENCZEL: The only comment have is that the Southold Town shellfish Advisory Committee met on Monday and made a recommendation that we set the recreational season to begin on October 30, 1995 and the commercial. season to begin two weeks later on November 13th. Board of Trustees 4 September 28, 1995 TRUSTEE KRUPSKI: Given the lack of public interest and the recommendation from the Shellfish Advisory Committee, which is comprised both of commercial and residential shellfish, I vote to close the hearing. TRUSTEE ALBERTSON: So moved. ALL AYES. TRUSTEE WENCZEL: I make a motion that we set the recreational season to begin October 30th and the commercial season to begin on November 13th. TRUSTEE ALBERTSON: Second. ALL AYES. 7:16 P.M. - In the matter of DONALD COCKS on behalf of MATT-A-MAR MARINA request a Wetland Permit -to construct chain link fence around property, approximately 350' of fence along retaining wall as per survey dated 2/26/92. Located Wickham Ave. , Mattituck. SCTM #1000-114-3-1. TRUSTEE KRUPSKI: Is there any comments? CAC recommends disapproval. There is no need shown and the conditions of the permit allows for no further activity at the site. The CAC wishes to bring to the attention of Trustees possibility of a violation, the berm is not being maintain as to the requirements of the permit. STEVE ANGEL: .We talked about this at our last meeting. We don't think a fence is going to' stop someone from entering. They .can just walk in the front gate. TRUSTEE KRUPSKI: I agree with your assessment as far as a fence stopping someone intent about braking the law. However, from an environmental stand point we couldn' t see any problem with putting a fence on the existing retaining wall at that location. Is there any other comment. DONALD COCKS: It is true that if anyone wants to get in the property, they can get in. The biggest problem we have is trying to make the customers feel satisfied that their boats are going to be protected. If the fence is there, that is just enough right there.. TRUSTEE KRUPSKI: Sure, We are not hereto make an opinion on whether it is going to be deterrent or not. One of the things that we saw that we put a condition on. You will have to do some clearing along the top of that retaining wall, is that correct? DONALD COCKS: -Yes. . TRUSTEE KRUPSKI: O.K. What we would require as a condition in the permit is that there would be a swale area put in between the building and the retaining wall so that the runoff from the building is contained, DONALD COCKS: There was one but we just cleaned up about $3000. 00 in dump fees. In the process of cleaning that berm was removed. We didn't put it back because we would. have to remove it to but the fence up. TRUSTEE KRUPSKI: O.K. We would like to see a swale in conjunction with, a berm. This is the time to do it, while you are disturbing the site. We would like to see it done now. Any other comment? -A motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES. Board of Trustees 5 September 28, 1995 TRUSTEE KRUPSKI: I will make the motion to approve the application of Matt-A-Mar for a 350' of chain link fence with the condition that there be a berm and a swale system set up along the . south side of the property in conjunction with the fence construction to contain the runoff from. the parking lot driveway area. TRUSTEE ALBERTSON: Second. ALL AYES. 7:55 P.M. - In the matter of RICHARD MILTNER FOR FLORENCE TILDEN request a wetland permit to construct 14' X. 22' garage in front yard as per' -survey dated August 30, 1995. Located 3100 Deep Hole Drive, Mattituck. SCTM #1000-115-17-14. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application or against it? RICHARD MILTNER: I am Richard Miltner. I am here if you have any questions. CLERK: Noted plans changed as per Zoning Board approval. Side yard is larger, making the garage 14' X 22' .. TRUSTEE KRUPSKI: O.K. Any other comments? Do I have a motion to close the hearing? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE GARRELL: Move to approve the plan as approved by Zoning Board. TRUSTEE ALBERTSON: Second. ALL AYES: 7:57 P.M. - In the matter of ROBERT SHANK request a Wetland Permit to raise existing house and decks approx. 20 c.y. . of clean fill and upgrade septic system. Located Fishermans. Beach, Cutchogue. SCTM #1000-111-1-19.1. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the applicant? Does the Board have any comments? CAC recommends approval with' the condition that the applicant use silt fence and extreme care so no silt goes into the water. It is pretty straight forward. It is a pretty small parcel. Do I have a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE KRUPSKI: I will make a motion to approve the application with the condition that a silt fence be placed between the project and the wetlands during construction and that all disturbed soil be re-vegetated or be haybaled so it can be re-vegetated. TRUSTEE ALBERTSON: Second. ALL AYES. 8:00 P.M. - In the matter of WILLIAM AND MARK MCDONALD request a Wetland Permit and Coastal Erosion Permit to reconstruct existing bulkhead blown out by 12/22/94 storm, also replace existing decks and stairs as necessary. Located ' 21515 Soundview Ave. , Southold. SCTM #1000-135-1=5. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application? CAC recommendations = approval., a non-turf buffer on the embankment be installed to prevent further erosion. Does the Board have any comment?. Board of Trustees 6 September 28, 1995 I will make a motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: I will make a motion to approve the application with the condition that he applicant follow the recommendations . of CAC, the embankment be re-vegetated 'in a non-turf matter so that the overland flow of water will not cause further erosion of the embankment or the structure and result in siltation of the surface waters. TRUSTEE ALBERTSON: Second. ALL AYES. 8:03. P.M. - In. the matter of J.M.O. CONSULTING on behalf of ANN KWASNESKI request a Wetland Permit to reconstruct within 18" 110+/- of timber bulkhead, to construct a new 24' return along western property line and. to .backfill structure with 20+/- c.y. of clean sand to be trucked in from an upland source. Located North Parish Drive, Southold. SCTM #1000-71-1-10. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of or against the application? TRUSTEE WENCZEL: There was a question about the walkway on top of the jetty. There should be a non-turf buffer behind the bulkhead. GLENN JUST: We have contacted Natural Resource Soil Conservation for a plan. TRUSTEE kRUPSKI: O.K. That will stabilize the area to their advantage. CAC recommends approval with clarifications, according to the submitted diagram the applicant wants to reconstruct walkways.. The Council recommends approval of the walkway behind the bulkhead. The walkway located by the middle groin be disapproved. There is no need shown and the structure should not be on the beach. The walkway is located on top of a groin? GLENN JUST: It goes down toward the water on top of it. I don't see any reason why it needs to be replaced. TRUSTEE KRUPSKI: Are you going to repair the stairs? If you are we might as well package that all together. GLENN JUST: There are four steps that need repair coming down from lawn. (GLENN CAME UP AND AMENDED APPLICATION) .TRUSTEE KRUPSKI: Does anyone have a comments on the amended application? TRUSTEE GARRELL: .A motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE WENCZEL: I make a motion that we approve the application of Ann Kwasneski for a Wetland Permit to reconstruct with in 18" 1.10' of timber bulkhead -and to construct a new 24' return along western property line and to backfill structure with 20+/- c.y. of clean sand to be trucked in from an upland source. To reconstruct stairs landward of the bulkhead. To have a non-turf, non-fertilized buffer., Note that the walkway on top of the groin is not included in this permit. TRUSTEE ALBERTSON: Second. ALL AYES. 8:10 P.M. - In the matter of J.M.O. CONSULTING on behalf of LOUIS M. BACON request a Wetland Permit to construct 2 board walkways for the purpose of crossing areas of inter tidal marsh as located by DEC. The northern most walk shall be 18" X 147' Board of Trustees 7 September 28, 1995 and be. constructed 18" over grade of marsh, and the southern most walk 18" X 112' constructed over 18" over grade of marsh, (also to allow for the installation of a 6' X 12' X 4' seasonal waterfowl pit/blind to .be located along the southern spit of the island. Located Robins Island. SCTM #1000-134-3-5. TRUSTER KRUPSKI: Is there anyone here who would like to speak on. behalf of the applicant? GLENN JUST: Here are some additional photos. TRUSTEE KRUPSKI: O.K. Thanks. CAC, comment is approval. TRUSTEE GARRELL.: Motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE GARRELL: Motion _to approve as written'. TRUSTEE ALBERTSON: Second. ALL AYES. 8:12 P.M. . - In' the matter of J.M.O. CONSULTING on behalf of THOMAS APREA to construct 190' of retaining wall as per drawing dated as received August 15, 1995. Located 500 Beach Court, East Marion. SCTM 41000-37-7-9.1. 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? JOHN EDLER:- 130 Cleaves Point Road, East. Marion. .Are you going . to talk about the groins. The literal drift. of the groins goes . east to west. In audible. spoke about the effects the groins had on properties to the .west and is against reconstructing these groins. Spoke of history of area TRUSTEE KRUPSKI: Yes. The description that was read off the. agenda was not a complete description. ..GLENN JUST: At the last meeting you segmented this application. One section being under the Grandfather with the new construction of the retaining wall was .separate. That was done at the Board discretion. TRUSTEE KRUPSKI: I was just in formed that do to clerical error we are not going to be acting on- the groins tonight. On our Board's inspection we did look,.at exactly what you had. mentioned .about the functionality of the structures. Which is what we. consider when we look at any structure for a Grandfather application, because to often we get an application for Grandfather permit that contains a structure that is more or less non-functional or non-existent. We wouldn't grandfather a structure that isn't functioning as what.it is applied for. MR. EDLER: 'When will it go on the agenda. -I don't want it to slide through without my comments.. I 'won't be here next month can my comments be heard.- tonight for next month? TRUSTEE KRUPSKI: Yes. Lets have this public hearing first. To construct. 190' of retainingwall. . Which is the structure that is located completely on the other side of the property on the channel going into Spring Pond., The Board took a look at this and .what it is is to raise the elevation of that. beach area which -is behind all those bulkheads. that are existing. I will take any comment about this part of the application. The reason the Board ask to segment it is because the retaining wall seemed like a pretty straightforward project behind an existing bulkhead'. It is not in the water.. It will only come in contact Board of. Trustees 8 September 28, 1995 with the water in a severe storm. It is completely on the applicants property. MR. EDLER: I am not objecting to what is on his private . land. GLENN JUST: We are going to be elevating this one that is in here 181, elevating this '.one 1-8" and that one. A new one along here and 4' one here. These beaches in this area are very susceptible to northeasters. That is where you .are getting all your sand. This .whole section of East Marion. With a northeaster the sand last time blew right across, right" over the top of: the bulkhead, filled in part of the inlet,. fill in this boat slip and fill in that ramp that all the people. in_ the community use. Mr. Aprea removed all that fill at his own expense. MR. EDLER: Where did it go? GLENN JUST: Right back in groin field where it belongs. TRUSTEE KRUPSKI.: Is there -any other comment on this faze of this project? The Board? TRUSTEE GARRELL: Move .to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: CAC comments? STEVE ANGEL: CAC recommends approval of retaining walls only and only if the fill was placed legally. Since this report we learned it. was, therefore we approve. TRUSTEE GARRELL: Move to approve the application for 190' of retaining wall with the condition that the disturbed area be planted with beach grass. TRUSTEE. ALBERTSON: Second.. ALL AYES. TRUSTEE KRUPSKI; We will take comment on the other part of the application now even though we will. not be acting on it tonight. BOB MUIR: 2850 Gillette Drive, East Marion. If you review the records of where that parking lot comes in at the end of East Gillette Drive. The Highway Dept. has had to move guard rail back on two occasion. They have lost somewhere -between 30 and 40 feet. I think that is indicative of the kind of back swirl around that has resulted from the. structure of the groins to the e.ast.TRUSTEE KRUPSKI: .Thank you. Anyone else? JOE BUSSO: spoke also.. 8:25 P.M. - In the matter of EN-CONSULTANTS on behalf of ELINO DENA, JR. request a .Wetland Permit and Coastal Erosion Permit to install 281 l.f. of steel retaining wall as close to toe of existing eroded slope as is feasible to install tie-back system, backfill with 1,200 c.y. of clean fill to be trucked in from " . upland source and place a stone splash pad 12+/-' landward of wall, repair (or replace as necessary) pedestrian access to beach. Retaining wall done with the concept that it be buried with sand. Located .ROW off County Road 48, Southold. SCTM #1000-73-5-1. TRUSTEE KRUPSKI: Is there anyone who. would like� to speak in favor of the application? ROY HAJE: I spoke to the DEC today on this project. They would like to see some relatively minor changes. I would like to amend that before you right now. There is that patch of phragmites over here. They would like to keep that if possible. That is not nearly as bad as it is over here. That is fine, so what we will Board of Trustees 9 September 28, 1995 do is eliminate that section. We will run this return, go up the corner of .the platform. Same way 30, on an angle, same angle. , Just take that out. The only other thing is to place stone armor along this return. The back fill is all fine. STEVE ANGEL: DEC wanted that angle here to the bulkhead. ROY HAJE: We are not going up here.' The only thing we are doing is putting a return up in here and stopping up in here.. TRUSTEE KRUPSKI: That is the property line? ROY HAJE: Yes. It is odd shaped piece. STEVE ANGEL: There is no bulkhead there presently? ROY HAJE: No.STEVE ANGEL: Do you think .the Phragmites are going to- stay there when the bulkhead is put up. ROY HAJE: We don't have much of a choice. DEC said you have to do it and they would approve it under those circumstances other wise they, wouldn't approve. TRUSTEE KRUPSKI: If they came back like that, just say there was a severe storm and that was washed away, the return would be the new bulkhead. How is the erosion to the west? ROY HAJE: This doesn't extend all that far. When you get over here it stops eroding. You have some unprotected bluffs over here. STEVE ANGEL: Are you going with the buried concept?. ROY HAJE: This is going to be relatively high. To bury that whole thing, that would take a tremendous amount of sand. It would be very tough. TRUSTEE KRUPSKI: What is the elevation of the bulkhead? ROY HAJE: Top elevation is 161 . The reason is to try to get that up as high as possible because of , the severity of that slope. The higher you can get the toe, the more gradual you can make that new slope.. TRUSTEE KRUPSKI: 16 ' elevated off the beach? ROY HAJE: No. That is the top elevation. That is not exposure.. It will probably be about 101 . TRUSTEE KRUPSKI: Not. that it would bother me, because there is no sense building a short one and having it come over the top. Is there any other comment? TRUSTEE GARRELL: Move to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: CAC comments, recommend that retaining wall be placed at the toe of the bluff and that the fill planted with beach grass. I.s there a plan to re-vegetate? ROY HAJE: Yes, we are going to re-vegetate. TRUSTEE GARRELL: Move to approve with CAC conditions as amended plan. TRUSTEE ALBERTSON: Second. ALL AYES. 8:.31 P.M. - In the matter of EN-CONSULTANTS on behalf of WILLIAM TURNBULL request Wetland and Coastal Erosion Permits to construct 160+/- l.f. of stone revetment against eroded bank and backfill with 85+/- c.y. of clean sand to be trucked in from upland source. Construct a 3 ' X 20' stairway to connect to existing platform and stairs for pedestrian access over revetment at toe of bluff. Located 54005 North Road, Southold. SCTM #1000-52-1-1. Board of Trustees 10 September 28, 1995 TRUSTEE KRUPSKI: Is there anyone, here who would like to speak in favor or against the application? ROY HAJE: Roy Haje, En-Consultants. also Mr. Turnbull is here. The project is obviously necessary. If you have been to the property the erosion should be very. apparent. It has .taken in the nine years that the Turnbulls have owned the property, considerable portion of the beach. With the proposal that we are seeking approval for tonight is simply to retain what is there now without trying to recapture. So we are going to be maintaining and keeping the bluff line as closely as possible again. The recommendation to cover it over with sand, in this case, is fine. We won't be that high a structure. The Turnbulls want to keep as natural a look as possible. So the request to cover and plant is fine. The one thing that does give us trouble however was a recommendation that a covenant be added to the deed. To the effect of that the Town Beach be restored. The Turnbulls do have a problem with that in that, in that other case. How would you show that this structure would be the cause of any erosion on ,the Town Beach. That has been eroding, Mr. Turnbull has photos, of what happened to that beach with no structure on his property during storms. To. show that this structure would be the cause of even a portion of that,. would be pure speculation and would put him in serious financial jeopardy to restore that. In addition having that appear on the deed to his property is very likely to devalue the property for future owners. If they saw that I'm sure. they would be concerned on what they would be getting themselves into. The Town continuously pushes up the sand to maintain the grade of the beach. Mr. Turnbull has not done that, he has not gotten permission to do that. Years ago, typically that was done. Not only up here but all over the place. DEC when they got into the business, said no you can't do that. So Town Beach at this point is considerable wider and higher in elevation than the Turnbulls. It is very unlikely, specially this type of structure and the location proposed, would have any adverse effects. We would ask potential condition be dropped. TRUSTEE KRUPSKI: I have given thought to it. The other one they we are talking about that we had put on the C & R's was a structure. that impacted with the tidal waters and can be impacted in a majore storm—That one was a .lot different. What I would like to do is just put in a condition that if the area is deemed by the Board to be destroyed by that structure that it be restored by the applicant. It is unlikely that this structure would have any effect to the Town. Beach at all. The Town Beach is .subject to erosion on a regular basis. MR. TURNBULL: See where that stair- case is now, that is where my beach was before all the erosion. TRUSTEE KRUPSKI: We where at the site. We are familiar with it. I_ think if you put the structure in and there was a major storm and there was a major hole on town property because of the adjacent structure. If it looked like this afterwards (pointing at picture) , I think it would be pretty hard to go out there and say that is caused by the neighbor. ROY HAJE: A very obvious gouge immediately adjacent. . . Board of Trustees 11 September 2.8, 1995 TRUSTEE KRUPSKI: Exactly. , MR. TURNBULL: Asked if there is a major .,storm can I reclaim the sand from out there. TRUSTEE KRUPSKI: After majore storms we are having contact and discussions with DEC about doing just that. Someone suggested that they mind the sand from Sound, off shore. Instead of building a hard structure, you build up the elevation of the beach. It might go in one storm or, it might last for 20 years.. MR. TURNBULL: It would take it away in the Winter and Mother Nature would -put it back in. the Summer. TRUSTEE KRUPSKI': I think it is a good idea. If you wanted to explore that, i think this Board would approve of it. ROY HAJE: Mr. _ Turnbull. might not want to put in that would stairway. As an alternative he might want to put something more natural. right. into the stone work. Put a stone stairway in. The question which we have, ,if we kept it in, we would be assessed on it? TRUSTEE KRUPSKI: It is not over Town bottom. ROY HAJE: O.K. We will live it in. If he does not decide to do it, if he doesn't build it, fine. TRUSTEE KRUPSKI: - O.K. Fine. MR. TURNBULL: I would rather it just be as natural as possible. So I don't have to put that on the deed. So if I some where down the road if I sell my property, I don't have to tell someone they are responsible? TRUSTEE KRUPSKL: That is right. MR. TURNBULL: Thank you. DAVID CORWIN: Some of my comments. have been made mute, but since I waited so long I would like to make them- anyway. (Inaudible) If he builds a structure on his own property above high water, I am wondering where you get the mandate for this? If a stipulation was added to the permit, I think it would be necessary for all properties anywhere. . .Ifyou are going to make request like that, I. think you should have scientific fact. . .In the Town's erosion management plan there is no mention .of covenants that a property owner would have to do protect the Towns property or private property on either side of him at some future point in time. If you want to have something as part of the permit, I would suggest that you, Southold Town Trustees, should add input to the local erosion management. plan, by the. way I was shocked when I went to that meeting and there wasn't one Southold Town Trustee there. I still can't understand why you weren't there. This is something the Town has to .live with. You comment about having discussions with the DEC should be part of that plan. Spoke about the importance of the Trustees being involved in this program. TRUSTEE ,KRUPSKI: Thank you any other comment? We did have the Town Engineer look at the other project before we had them do C & R's. That structure was adjacent to a Town Beach and was actually in the water. I realized this was a completely different project. Our major concern was to the Town Beach. As far as the draft plan that the Town is reviewing, I. have reviewed myself and we are going to. have a discussion about it later on tonight. I am not sure we are going to recommend. Board' of Trustees 12 September 28, 1995 DAVID CORWIN: I agree with you. If you gentlemen don't get up there now while they are reviewing, you shouldn't say months from now you don't like it. You should have the input now while it is being formed. I realize you are busy, but .I hope you have some more input in the future. TRUSTEE KRUPSKI: Thank you. Move to close the' hearing. TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE .WENCZEL: I will make a motion to approve the Wetland and Coastal Erosion Permits request for William Turnbull with CAC recommendations. TRUSTEE CARRELL: Second. ALL AYES. 8:55 P.M. - In the matter -of EN-CONSULTANTS on behalf of WILLIAM ELS request Wetland and Coastal Erosion Permits to construct a 160' retaining wall with 40' angled return on west side. Structure will be armored with 1+ ton stone on filter cloth, backfilled with 375 c.y. of sand trucked in from Duck Pond Road to west, and construct a 4' X 170' stairway with (2) 4' X 8 ' platforms for access to beach. All work done with concept that bulkhead will be buried with sand. Located ROW off Bridge Lane and Oregon Road, Cutchogue. SCTM .#1000-72-1-1.1. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of this application. ROY HAJE.: Roy, Haje, En-Consultants. The project is really self ,explanatory. . .if you have any questions. TRUSTEES-KRUPSKI: Any other comments? CAC comments recommends approval provided that the applicant bury the bulkhead and plant with beach grass and allow vegetation to grow. TRUSTEE GARRELL.- What do you feel about the 4' X 8' platforms. TRUSTEE KRUPSKI': Our usual standard. is 4' X 4' what is the .need for the size. ROY HAJE: What I had in mind was an small area to sit. This is a steep area. It is very popular. We are not going that big. TRUSTEE KRUPSKI: Any other comment. Given the magnitude of this application, I. don't think there will be a problem. TRUSTEE GARRELL: Move to close the hearing. TRUSTEE WENCZEL: Second. ALL AYES. TRUSTEE WENCZEL: Grant a Wetland Permit and Coastal Erosion Permit for William Els with .condition tore-vegetate. TRUSTEE ALBERTSON: Second. ALL AYES. 9c00 P.M. - In the matter of EN-CONSULTANTS on behalf of STANLEY .CHASE request Wetland Permit to construct a timber dock a minimum.of 4' above grade of marsh and 3 ' X 30' fixed catwalk extending from top of "bank" as shown on survey; 3 ' X 10' hinge ramp; 6 ' X 16' float arranged in "T" configuration and secured by (2) 8" pilings. Located Deep Hole Drive, Mattituck. S.CTM #1000-115-12-12. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of or- against the application? ROY. HAJE: Roy Haje for the applicant. I believe we kept the dock as close as we could with a "T" configuration. There are docks in the area the we are in keeping with. Board of Trustees 13 September 28, 1995 TRUSTEE KRUPSKI: We assume that .al.l activity that is, associated. with the house is well beyond our jurisdiction. CAC recommends approval that the dock does not interfere with navigation. We looked at it last week and fee that it is an appropriate size for the area. Any other comment. TRUSTEE ALBERTSON: I make a motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE KRUPSKI: I make a motion to approve the application. TRUSTEE GARRELL: Second. ALL AYES. 9:04 P.M. - In the matter of EN-CONSULTANTS on behalf of BROADWATERS COVE MARINA request a ,Wetland Permit to' remove an existing 14' X 14' wood-surfaced launching ramp and replace it with a 1616" X 53' concrete-surfaced. ramp by removing bulkhead on west side of ramp. Ramp will be extended seaward to prevent trailers from going off end of ramp at low tide. New West side will consist of 24' upland bulkhead which will connect to existing bulkhead; and 25' free-standing wall with. 3 ' wide walk, a top. Excavated upland (10 c.y. ) will be used to back fill new bulkhead. Modify existing 121. X 20' concrete block tool shed by ' increasing its height by 5' and extending 5' to the south. Lower 4.' of existing shed will be filled in and new floor poured. A 4' X 4' platform and 4' X. 6' staircase will be added on west side to allow access from that side. . A doorway will be added on east ' side for access from parking area. Purpose of project is to avoid flood damage to contents of shed and improve accessibility. There is no, sanitation system. in this building nor is one proposed. It is used solely for storage of tools and equipment. Located 800, Skunk Lane, Cutchogue. SCTM #1000-104-8-2.5. TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application. ROY HAJE: Roy Haje for the applicant. The existing wood surface ramp has. two defects, one is it is too short and the other is that it is too slippery. We hope to avoid that liability by putting in a rougher surface as the concrete.' We also hope to make. it usable at more times. This ramp is now limited to high tide use. The building is behind the existing bulkhead there is no wetland grasses back there. As you have read it is too low. When we have storm events, it gets flooded. We simply want to raise. Modestly increase the size by 5' on the south side. There is now intention to change the use of the shed. There is a .gasoline dispenser there that is no longer used. The tank that was associated with that was removed long ago. TRUSTEE KRUPSRI: That was our question. We saw the vines growing on it. We assumed that it wasn't being used. If the tanks been removed, that is fine. ROY HAJE: There was a question about creating a berm on the up side of the ramp. We don't have an objection to it. The only thing is that the grade there now is higher then the road. TRUSTEE KRUPSKI: We noticed that. ROY HAJE: Chances are we are not going to get anything down there anyway after we rebuild it. If anything it will be a Board of Trustees 14 September 28,' 1995 littler higher. You will still have that natural slope. I don't think anything is going to come off the road. STEVE ANGEL: The CAC was more concerned about the runoff from the parking lot then the road. The CAC recommended that the runoff be controlled. Council suggest that the regrade .the water in the parking lot to a catch basin to direct the water away from the ramp. TRUSTEE KRUPSKI: That is a good concern. I think it will be done naturally because of the spoil site from. the excavation work. It should raise that, so the parking lot won't be directed on to the ramp. ROY HAJE: That would be in effect a berm that we would be creating on that side. There is a town drain. TRUSTEE KRUPSKI: Does that come out by ramp? FRANK ZITO:. I am not sure where it comes out. I was trying to find out myself the other day. I don't know if there is a drywell there. It was put .in by the Town quite a few years ago. TRUSTEE KRUPSKI: We are going to suggest if the Town can put in additional rings in that area. We looked for the out flow pipe. I wouldn't be surprised if it is underneath the. walkway by the shed. FRANK ZITO: Yes, that is where I think it is. I have to fix the boards there anyway, so I will take a look. TRUSTEE KRUPSKI: Any other comments? TRUSTEE GARRELL: Maybe the Town can coordinate with the owner to do the work. TRUSTEE KRUPSKI: I will take to Ray Jacobs. Any other comment? TRUSTEE ALBERTSON: Move to close the hearing. TRUSTEE GARRELL: Second.. ALL AYES. TRUSTEE GARRELL: Move to approve with advisory that the Town Highway Department be consulted- with regard to the drainage. TRUSTEE ALBERTSON: Second. ALL AYES. V. ASSESSMENTS: 1. DANIEL MOONEY request Wetland and Coastal Erosion Permits to- construct foundation, septic system, well and move existing house from across the street onto foundation. Pilings and septic system will remain on lot on the bay because a new house will be constructed on site after house on lot 11 is done and permits are obtain. Located Rabbit Lane, East Marion. SCTM #1000-31-17-11. A motion was made by -TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to grant a negative declaration. ALL AYES. Note: 'Once house is removed from existing location, the Board will want new Health Dept. approval prior to new construction. 2. GLENN JUST on behalf of DR. EARL A. LOOMIS, JR. request a Wetland Permit to construct approx. 101' of. timber bulkheading, a 20' return and to backfill structure with approx. 20 c.y. of clean sand which shall be trucked in from upland source. Located Private Road, Greenport. SCTM #1000-49-1-18 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to grant a negative declaration. ALL AYES. Board of Trustees 15 September 28, 1995 .3. GLENN JUST on behalf of ,DR. THOMAS J. MC DONAGH request Wetland Permit to construct a 10' 'X 60' X 2' earthen berm, which shall be fronted by a rock revetment consisting of 200-500 lb.. rock placed 2' below grade. on filter cloth. Berm shall then be planted with Rosa Rugosa; 18" o.c. Proposed berm and revetment shall be constructed on what is known lawn area. The purpose is for storm and flood protection. Also to construct 3 ' X 40' catwalk, 3' X 1.2' ramp and 6' X 20' as per plan dated 12-10-94. Located 765 Cedar Beach Drive West, Southold. SCTM #1000-90-1-6 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to table this application for survey with contours. 4. GLENN JUST on behalf of CHARLES CAPPELLINO request Wetland and Coastal Erosion Permits to construct 100' of timber bulkhead - and to backfill structure with 200+/- c.y. of clean sand which shall bedtrucked in from an upland source. Bulkhead shall be constructed in line with similar structures which exist on adjoining properties. Located 65 Sound View Ave. , Mattituck.. SCTM #1000-99-3-2. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE. ALBERTSON to grant a negative declaration. 5. SUFFOLK ENVIRONMENTAL- CONSULTING on behalf of. MARY IRENE BURNS request a Wetland Permit to 'construct 130+/-' of revetment/rip rap utilizing 100-150 l.f. quarry stone installed to grade in accordance with the survey prepared by Joseph Ingegno dated August 8, 1994. Applicant also proposes to plant beach grass one foot on center between the seaward tow of the proposed revetment/rip rap &. the landward edge of tidal wetlands. Located 853 ' east of. Oaklawn Ave. , Southold. SCTM #1000-70-4-10. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE GARRELL to grant a negative declaration. ALL AYES (Clerk checked old re.cords.. and found a Grandfather Permit for the dock) . 6. NICOLO DEBARTOLO request Wetland Permit to construct a . bridge and drive way as per plans dated August 18, 1995. Located end of Condor Ct. , Laurel. Off Peconic Bay Blvd. SCTM #1000-127-3-6.1 & 6.2. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to table so the Board can meet with DEC,CAC. ALL AYES. 7. J.H. GEIDEMAN on behalf of ,GERARD H. BELLESHEIM request Wetland and Coastal Erosion Permits to construct 100' of bulkhead -and reconstruct stairs with 4' X 4' platform on top as per plan dated 6/6/1995. Located 122 Sound View Drive, Orient. SCTM #1000-15-3-9. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to table this application to talk to DEC. ALL AYES. RESOLUTIONS• 1. COSTELLO MARINE on behalf of ALICE & WILLIAM LEHMANN request a Grandfather permit for 60 ' jetty (to repair 16' Board of Trustees 16 September 28, 1995 inkind/inplace) and 67 ' bulkhead. Located 650 Rabbit Lane, East Marion. SCTM #1000-31-18=1.6. A motion was made by TRUSTEE KRUPSKI .and seconded by TRUSTEE ALBERTSON to grant a Grandfather Permit based on Trustee HOLZAPFEL.'S inspection. ALL AYES. 2. COSTELLO MARINE on behalf of ADELE TALMAGE request a Grandfather Permit for a 60' bulkhead (30' of bulkhead will be replaced inkind/inplace) with 41' return, 20" return and a 40' jetty on the south side, a 30' jetty on the north side and a 4' jetty leading to house. Located Bayshore Road & Island View Road, Greenport. SCTM 41000-53-6-24. A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTER . CARRELL to grant a Grandfather ,Permit with a 15' buffer. ALL AYES. 3. EN-CONSULTANTS on behalf of WILMOTH UELLENDAHL, KIMOGENOR POINT CO. request a Grandfather permit to reconstruct inkind/inplace 38 l.f: of bulkhead. Approx. 50 c.y. of clean sand will be trucked in from an upland source for backfill.. Remove and replace inkind/inplace 25..f. which will be jetty type construction without tie rods and deadmen. Located Kimogenor Point, New Suffolk. SCTM #1000-li6-6-24. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE ALBERTSON to grant a Grandfather permit subject to receipt of a survey showing the bulkheads. ALL AYES. 4. J.M.O. CONSULTING on behalf of HERBERT BRADFORD request a Grandfather permit to reconstruct inkind/inplace 50' of timber bulkhead and to backfill structure with +/- 5 c.y. of clean sand to be trucked in from an upland source. Located 3755 Bayshore Road, Greenport. SCTM #1000-53-6-17. A motion was made by TRUSTEE ALBERTSON and seconded by TRUSTEE GARRELL to grant a Grandfather permit with a 20' non-turf .buffer. ALL AYES. 5. J.M.O. CONSULTING on behalf of WILLIAM PYMM request a Grandfather Permit to replace inkind/inplace 2 timber groins. The eastern most structure is 150' the western is 501 . Located ROW of Reeve Ave. , Mattituck. SCTM #k1000-122-9-7.9. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to table this application for further review. ALL AYES. 6.. The Southold Town Board. of .Trustees .hires Tim Collins at a rate of $65.00 an hour as the Board's Environmental Consultant. as needed and sends resolution to the Town Board for their approval. ALL AYES. IV. MOORINGS: ' 1. WILLIAM MADAY, JR. request a mooring in East Creek for a 11' Boston Whaler with 100' mushroom. Location of mooring #907 which has been -canceled. Public access. 6 Board of Trustees 17 September 28, 1995 A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE ALBERTSON to grant approval of mooring. ALL AYES. MEETING .WAS- ADJOURNED AT: 11:15 RESPECTFULLY SUBMITTED BY: LLqTR � CLERK OARD OFTEES RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 111Q H UR X-253PM Town Clerk, Town of Southold .