HomeMy WebLinkAboutTR-10/26/1995 y
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Albert J. Krupski,President h� y Town Hall
John Holzapfel, Vice President o 53095 Main Road
`" P.O. Box 1179
Wi11i�m;�G..;;Albertson 1� T
• Southold, New York 11971
Martin H. Garrell y O�
Peter Wenczel ��l �►� Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
OCTOBER 26, 1995
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Tue. Nov. 21, 1995 Noon
TRUSTEE HOLZAPFEL moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
NEXT TRUSTEE BOARD MEETING: Thurs. Nov. 30, 1995 at 7 p.m.
TRUSTEE ALBERTSON moved to approve, TRUSTEE HOLZAPFEL seconded.
ALL AYES
APPROVED MINUTES: Approved minutes. of September 28, 1995 at
Regular Meeting. TRUSTEE WENCZEL moved to approve, TRUSTEE
ALBERTSON seconded. ALL AYES
I. MONTHLY REPORT: The Trustees monthly report for
September 1995: A check for $4,671.86 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 Amendment
to Permit #4502 to install 40 Triton Marine Mattresses along
170+/-' of contiguous shoreline. Located: Soundview Ave. ,
500' east of Mount Beulah Ave. , Southold. SCTM #.51-1-20
TRUSTEE HOLZAPFEL moved to approve the Amendment to Permit #4502
for property #51-1-20 only and must come in with an application
for adjoining property, TRUSTEE GARRELL seconded. ALL AYES
2. LEWIS HECKER requests an Amendment to Permit #4370 to add
a 10' X 16 ' deck and a 3 ' X 6 ' storage shed to the existing
house. Located: 2200 North Oakwood Road, Laurel. SCTM
#127-6-3
TRUSTEE HOLZAPFEL moved to approve the Amendment to Permit *4370
with condition they provide a non-turf non-fertilized buffer,
TRUSTEE WENCZEL seconded. ALL AYES
3 : Costello Marine Contracting on behalf of LOUIS M. BACON
requests an Amendment to Permit 44365 to rectify the problems of
landing and securing the seaplane by replacing the. existing 6' X
301- "L" float with a 15' X 30' "L" which would provide greater
stability and more walkable space for safe loading and
unloading and provide enough width for the seaplane to maneuver
around the south end of the float. Applicant also wishes to
rectify the problem of passengers entering and exiting the
floating dock by installing two 6' X 20' floats which will be
attached perpendicular on the south side of the four existing
floats, which will enable passengers to safely exit from the
sides of the boats instead of stern or bow. Located: Robin's
Island. SCTM #134-3-5
TRUSTEE KRUPSKI moved to approve the Amendment to Permit #4365,
TRUSTEE HOLZAPFEL seconded. ALL AYES
4. Charles Thorp on behalf of GORDON. SCHLAEFER requests a
Waiver to construct a 20 ' X 20 ' deck onto an existing house.
Located: Knoll Circle, East Marion. SCTM #37-5-20
TRUSTEE ALBERTSON moved to approve with condition they place dry
wells to prevent run-off, TRUSTEE HOLZAPFEL seconded. ALL AYES
5. Proper-T Services on behalf of JOHN KRAMER requests a
Waiver to construct a two-level wooden stoop attached to single
family residence over existing masonry stoop. Upper level 10' X
12' and lower level 8 ' X 15' 8" . Located: 2055 Calves Neck
Road, Southold. SCTM #70-4-45.3
TRUSTEE WENCZEL moved to approve the Waiver_ , TRUSTEE. HOLZAPFEL
seconded. ALL AYES
6. RONALD & ARLINE SMITH requests a Waiver to install a 15'
in diameter above ground swimming pool with deck to be partially
set below grade (1811 ) . Located: 6320 Main Bayview Road,
Southold. SCTM *78-5-7
TRUSTEE WENCZEL moved to approve the Waiver provided they show
on their plans they install dry wells and backwash for pool and
that the spoil is not placed on Trustee jurisdiction, TRUSTEE
HOLZAPFEL seconded. ALL AYES
7 . FRANK SCAVONE requestsca Waiver to replace five concrete
piers as well as complete the block skirt around the perimeter
of structure of house. Located: 1615 Fleetwood Road,
Cutchogue. SCTM 1.37-4-35
TRUSTEE KRUPSKI approves the Waiver provided he places all. fill
outside our jurisdiction, that he place hay bales at the top of
the bluff and he come in in Dec. to re-vegetate and provide a
planting plan, TRUSTEE HOLZAPFEL seconded. ALL AYES
8. Akscin's Nursery on behalf of JOHN KIRCHNER requests a
Waiver to refurbish lawn area and construct one stone step.
Haybales will be placed at lawn's edge to prevent any run-off
into the creek, and approx. 5 yards of top soil will be utilized
to refurbish the exist. lawn. Located: 1050 Bayberry Road,
Nassau Point, Cutchogue. SCTM #1.18-2-8
TRUSTEE KRUPSKI moved to approve the Waiver, TRUSTEE. HOLZAPFEL
seconded. ALL AYES
9. En-Consultants Inc. , on behalf of CLEAVES POINT VILLAGE
requests a one-year extension to Permit #4224 to modify an
existing dock to a fixed pier of 6 ' X 245' with a 6' X 110'
outer "T" . Both fixed sections will have 20' section of wave
baffles on alternate sides with 101 spacing, the outer 'IT' will
have (2) 4' X 30 ' fixed finger docks with (2) pilings between, a
4' X 14 ' hinged ramp will extend off the mid-section of the main
fixed pier and rest upon a 6 ' X 100' series .,of floats, on north
side of this main float. will be (4) 3 ' X 25' fixed floats with
(3) mooring pilings, and on the south side of the main float
will be ( 4) 3 ' X 30 ' finger floats with (3) mooring pilings, as
per plans dated July 1, 1994. Located: 2820 Shipyard Lane,
East Marion. SCTM #38-7-4.2 & 8 and 38-2-1. 45
TRUSTEE HOLZAPFEL. moved to approve the. one-year extension from
August and based on all floats and lines will .be removed from
fixed pilings by the 1st Monday on Oct, TRUSTEE ALBERTSON
seconded. TRUSTEE WENCZEL: Nay..
TRUSTEE ALBERTSON moved to go off the regular meeting, TRUSTEE
HOLZAPFEL seconded. ALL AYES
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLI.CATION FROM THE
SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO
ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP.YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
7:40 p.m. - In the matter of J.M.O. Consulting on behalf of
CHARLES CAP=PELLINO requests a Wetland & Coastal Erosion-
Permits to construct 100 ' of timber bulkhead and to backfill
structure with 2.00+/- c.y. of clean sand which shall be trucked
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. #99-3-2
TRUSTEE KRUPSKI: I have a note here which says we have no
updated survey and the Board inspected in September. The survey
that I have is. . . .Well before I get into this, is there anyone
here who would like to speak either in favor or against this
application? CAC recommends approval with conditions that the
applicant control run-off by constructing a berm at the top of
the bluff and planting with salt tolerant vegetation. So the
applicant is just tieing in between two existing bulkheads.
i
However; we do not have a survey on file.. The survey that was
submitted to us is a 1970 copy' of a survey. It shows the top of
the bank. I think what we need is a survey showing what exists
now including. . . . .I mean we could get two points accurately on
the survey because of the neighbors bulkhead. . . . . .we' ll know
exactly where the new bulkhead is gonna go. He can connect
-those two and that's where the bulkhead will be.
TRUSTEE HOLZAPFEL: Can We approve it. . .
TRUSTEE KRUPSKI : We can give it a conditional approval based on
a survey showing that. A 1970 'survey didn't show the
neighbors. At least this way we're gonna get a bulkhead line
on a survey. Any other comment?
TRUSTEE ALBERTSON: I ' ll make a motion we close the hearing.
TRUSTEE HOLZAPFEL: Second. ALL AYES
TRUSTEE KRUPSKI: I' ll make a motion. we approve the application
with a condition that we receive an accurate survey showing the
two points of the property where the bulkhead shall connect to
and showing a planting and regrading plan to eliminate water
run-off going over the top of the bluff and ruining the face of
the bluff approved by Natural Resources Conservation.
TRUSTEE ALBERTSON: Second. ALL AYES
7 :45 p.m. - In the matter of J.M.O. Consulting on behalf of DR.
EARL A. LOOMIS., JR. requests 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 will be
trucked in from an upland source. Located: Private Road,
Greenport. SCTM #49-1-18
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
on behalf or against this application? We all took a look at
this one.
TRUSTEE WENCZEL: The only comment I have is this should be ,
planted in front of the bulkhead. to continue the vegetation that
was- to the west.
TRUSTEE. KRUPSKI: CAC recommends disapproval because the house.
is not in danger and the enclosed plan is not necessary to
stabilize the bluff so the Council recommends the applicant use
a soft approach. The applicant should re-grade and plant with
native vegetation and maintain a non-turf non-fertilized 20'
buffer landward of the current bluff to prevent run-off and
erosion on the site. Contact the Natural Resource Conservation
Service for a planting plan. Any other comment?
TRUSTEE ALBERTSON: Move to close the hearing.
TRUSTEE GARRELL: Second.. ALL AYES
TRUSTEE HOLZAPFEL: I' ll make a motion that we approve the
application with the condition that we receive an updated survey
showing the existing bulkhead on the west side and that there be
a 20 ' limit of non-turf non-fertilized buffer and that he have a
planting plan seaward of the retaining wall.
TRUSTEE WENCCZEL.: Second. ALL AYES
7:50 p.m. - _In. the matter of En-Consultants on behalf of
. REVEREND JAMES BARR requests a Wetland Permit to construct a
4' X 50' timber fixed dock, (min. 4' above grade of marsh) a
s
4 ' X 12 ' hinged. ramp and a 6' X 16 ' float secured by 2- 8" in
diameter pilings. (NOTE: Applicant wishes to Amend the
. application to allow for the proposed dock to be arranged in a
linear formation rather than a "T" formations.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
on behalf of Rev. Barr?
DIANE LE VERRIER: I spoke with Jill this afternoon in
reference to the Amendment and she mentioned there might be
problem with the linear formation extending further out into the
creek so 'she recommended an "L" formation. The reason why Rev.
Barr wants the linear formation after evaluating it-, he was
worried that if he docks his boat and if anybody came over to
visit they would be able to dock their boat as well. In order
to be able to dock his boat as well as visitors boats we thought
about he linear formation but then we realized the "L" formation
is illegal as far as extending it out.
TRUSTEE HOLZAPFEL: Do we have a diagram on that?
TRUSTEE KRUPSKI': We had a problem with that in the field. We
had a problem with location. We had a big problem with Rev.
Barr mowing the spartina patents.
REV. BARR: Originally it was sand going down there and I
mowed it this other grass has taken hold now so I ' ll back off.
TRUSTEE KRUPSKI: Please do, because of that elevation, it' s
really valuable there. And that will protect you too in a
storm. We were confused on this one. We had a few different
surveys and drawings showing. . . . . .
TRUSTEE HOLZAPFEL: Is the little dock that is presently there
on your property?
REV. BARR: On my neighbors.
TRUSTEE HOLZAPFEL: So there is no dock on your property?
REV. BARR: No.
DIANE: No we want to build a dock.
TRUSTEE' KRUPSKI: OK, because that is what was so confusing. On
the survey from 1977 shows a little dock, which really looks
like the little dock on the next door property and yet there is
no dock there.
REV. BARR: There was a renter back at that time, and I was
out of state, and may have put a little dock there and a
hurricane may have washed it away.
.TRUSTEE KRUPSKI: That's what confused us because we weren't
sure, because it showed on the survey and then it showed on 'the
diagram submitted but we couldn't find it in the field. But
there was one almost identical to that on the neighbors side
just the feet over.
TRUSTEE WENCZEL: We haven't seen the configuration of the dock
and I think we had a problem with the length of the dock.
DIANE: I haven't submitted drawings as far as the "L" shape, I
have submitted new drawings with the linear formation.
TRUSTEE HOLZAPFEL: What are the numbers you have now on the
dock?
DIANE: All we would be doing is we would be taking the 6' X 16 '
float and putting in the direction of (indicating on the survey
the opposite side) , so it would still be 20' from the property
line and that would bring it in shorter.. If you have no problem
with it being linear we could just leave it as it is.
TRUSTEE WENCZEL: How far does this extend beyond the edge of
the spartina? Didn't we restrict the neighbor. . . . .
DIANE: About 35' .
MR. ANGELL: If you put the float to the. long end of the raft,
you' ll get deeper water and you won't be hanging a boat up on
the bottom. It's shallower.
TRUSTEE WENCZEL: We discussed to length of the dock to the
west. What's. the name of that?
MR. FITZGERALD: Millman.
TRUSTEE WENCZEL.: My notes here says we discussed a 3 ' X 39'
walkway.
MR. FITZGERALD: No, that was Millman.
TRUSTEE HOLZAPFEL: We matched that up to the one next to it.
TRUSTEE WENCZEL: So if we're talking about a 35' catwalk on
Barr, it's about the same thing. That was the total length.
TRUSTEE KRUPSKI: No this is 501 . Do you have any other
questions?
DIANE: What have you decided on here?
TRUSTEE KRUPSKI: Peter is still looking at it.
TRUSTEE WENCZEL: No, I think we ought to cut it back. The
other dock was way too long and there's no reason for these
docks to be that long.
TRUSTEE. KRUPSKI: I don't think these docks approach the length
of the other dock.
DIANE: We also have to make sure we have enough: water.
TRUSTEE GARRELL: Would you rather turn the dock into an "L"
again, Peter?
TRUSTEE WENCZEL: That would be better.
TRUSTEE KRUPSKI : It would save 101 .
DIANE: If we put it in an "L" shape then you want to move it
further east and allow the "L" to run west?
TRUSTEE KRUPSKI: Right.
TRUSTEE GARRELL: Is there any reason why you need the 4' in
width on the dock and ramp?
DIANE: We already sent in a letter from his Dr.
TRUSTEE KRUPSKI: We had a problem with that. Actually our
whole idea here is provide access and we've been granting
permits for docks 3 ' as a standard width. And actually, the note
from Dr. Slotkin said that sometime in the future you may
require a wider dock. But at the time you don't.
REV. BARR: I will be 75 and hope to use this dock for a few
years.
TRUSTEE HOLZAPFEL: The Dr. was very careful in the way he
phrased the letter. But it was, at some point in the future, he
"might need the dock" . And that isn't. . . .
DIANE: Would you like it to be more specific that currently he
does need the dock?
TRUSTEE HOLZAPFEL: That's the way we've done it in the past.
If there' s a medical need then it's no problem. This isn't a
need, it'-s a future.
TRUSTEE KRUPSKI: Have you applied to the DEC yet?
DIANE: Yes.
..TRUSTEE KRUPSKI: Do we have any other discussion on this?
TRUSTEE ALBERTSON: Move to close the hearing.
TRUSTEE GARRELL: Second. ALL AYES
TRUSTEE GARRELL: I move to approve the application 'to show the
dock in an "L" shape on the west side and based on Dr. note.
TRUSTEE ALBERTSON: Second. ALL AYES
*:1.0 p.m. - In the matter of Suffolk Environmental Consulting on
behalf of MARY I. BURNS requests a Wetland Permit to construct
130 +/- ' of revetment rip rap utilizing 100-150 lb. quarry stone
installed to grade in accordance with the survey prepared by
Joseph Ingegno dated August 8, 1994. Applicant proposes to
plant beach grass one foot on center between- the seward tow of
the proposed revetment rip rap and the landward edge of tidal
wetlands. Located: 853 ' east of Oaklawn Ave. , Southold.
SCTM #10-4-10
TRUSTEE KRUPSKI : Is there anyone here who would like to speak on
behalf of this application? Would anyone like to speak against
this application? Does the Board have any comment?
TRUSTEE WENCZEL: It's actually a well designed plan and
environmentally compatible.
TRUSTEE KRUPSKI: CAC recommends approval. Any other comment?
TRUSTEE GARRELL: Move to close.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE CARRELL: Move to approve.
TRUSTEE ALBERTSON: Second. ALL AYES
8:12 p.m. - In the matter of DANIEL MOONEY requests a Wetland
Permit to construct a foundation.., septic system, well and move
house from across the street. onto foundation. Located: Rabbit
Lane, off Bay Ave. , East Marion. SCTM #31-17-11
TRUSTEE KRUPSKI.: Is there anyone. here who would like to: speak
on behalf of this application? Is there anyone here against
this 'application?
MR. DEVLIN: I live on the property next to where Mr. Mooney
wants to move the house, and my lawyer can speak on my :behalf.
LIAM LEVELLE: I 've been retained by Mr. Devlin in the
opposition to the permit request of Mr. Mooney. I 've also
spoken to other members of Rabbit Lane who have not yet retained
me but who have personally voiced their objection to the plan
put forth by Mr. Mooney. The first has to do with the
practical aspects of the plan.. On first seeing that when
reviewing the plan on moving the house across Rabbit Lane,
presently Mr. Mooney owns two lots that are on the water front
of Orient Harbor. And the house is situated on the east end of
the lot. Across from Rabbit Lane adjacent to the western lot
Mr. Mooney owns a lot that's 200' deep by approx. 50' wide.
And this permit deals totally with the issue of trussing a house
approx. 40 ' deep by 25 ' wide on the lot across the street which
the back of the lot borders on Marion Lake. Unfortunately the
application doesn't deal with what's going to happen to the lot
# 1 where the house is being from where there' s 6 septic wells
located within 1.00 ' of Orient Harbor. I think that when the
Trustees have looked at the plans the reason that they're
looking at the plans is for the over all conformity of .the
area. And seeing 1f it abides by the zoning ordinances and the
wetlands act that the Board has to review and decide upon
whether it fits. I think the permit application as it exists
now, is incomplete in that the Trustees cannot properly assess
the entire project as being contemplated by Mr. Mooney.
Obviously the Trustees have to ask themselves what' s going to
happen to the two pieces property as situated on Orient Harbor.
Currently right now the house has a beautiful ocean water view
and is being moved from that view. The feeling is that
something else is going to be constructed there. That begins
the second practical problem with the application. The slippery
slope argument. At some point, and it' s my opinion is that Mr.
Mooney is gonna come back before the Trustees and ask to
build another house of the two lots that border on Orient
Harbor. And those two lots at that time would be very difficult
to construct a house upon because number 1 the cess pool system
is within 100' of the Bay. Number 2 is there is no access to
public water there. Number 3 is those two lots are
non-conforming lots and they don't meet the minimum requirements
as set forth under the Zoning Regulations set forth. in Section
10-244D which require a lot of less than 20,000 s.f. at a width
of 80' . Neither of those lots do. Those are the 'practical
problems with the :permit. that's been by Mr. Mooney. It's a
partial solution to what he' s trying to accomplish here. I
think that the Trustee would be remised in making a decision on
half the facts. obviously the decision of the Trustees is to
affect the overall area. The other issues deals strictly with
legal issues. I would like to direct the Board to Section
100-243 with Southold Code. The heading on that sub-section is
non-conforming buildings with non=conforming uses. Specifically
with sub-section A states that a non-conforming building
containing a non-conforming use shall not be. enlarged or,
reconstructed or structurally altered or moved. The operative
word being "moved" . Unless the use of such is changed to
conforming use. This building is being moved onto a
non-conforming lot which is only 50 ' wide. Which would only
allow a thinner off set on one side and 15' off set on the other
side. When you read that section with the non-conforming lot
the line does not conform. What Mr. Mooney is attempting to
do is specifically violate that section of the code by moving a
non-conforming building to a non-conforming lot. That's the
first legal problem of the application. The second legal
problem is if you were to construct a house that you are
attempting to move on the lot that he is proposing to put it on,
it is a non-conforming lot, and the Southold Zoning Code
requires that a non-conforming lot meet certain minimum
requirements. And I 'm gonna. name the requirements which is
found in section 1.00-244 for a lot less than 20,000 s.f. The
lot is 250' X 50'-' and approx. 10,000 s.f. So it is under the
20,000 s.f. And under that 20,000 s.f. the minimum requirements
on the lot be at least 80' wide. The lot is 50' wide. It' s
approx. half the width that it has to be to build a size on a
non-conforming piece of land. ' I would also like to point out
that because of the high water table here. Approx. you hit
water at 31 . Any foundation that is put in would have to be.
bermed by 3 or 41 of dirt. So if you consider the off set of
a 25' house on this piece of property the off. set of that should
be less than 10' on one side and 25' on the other side. Which
is also required by a min. ' standards set forth on the
non-conforming lot. When you add approx. 2 1/2' on each side of
the house your not talking about property off sets of approx. 7
1/2 ' on one side and approx. 12 1/2' on the other side. Also
under section 100-244 Non-Conforming Lots under sub section B,
Mr. Mooney owns all three lots that I've been discussing and
pursuant to that provision in the Code if all adjoining lots, if
one was purchased after this code being put into law which was
in September 1989 the person cannot build on a non-conforming
lot if he has adjoining ownership in a lot that is also
non-conforming. And that is exactly the situation you have
here. Also if. the. Trustees were allowed to plan to proceed as
so you would approx. 21 to 221 septic systems, tanks, actual
cesspools in approx. 80 ' of each other in an area that borders.
on. one side by Orient Harbor and on the other side by Marion
Lake. The approx. distance between Orient Harbor and Marion
lake is approx. 3001 .at best with a 3 ' water. table. The next
practical consideration is what type of environmental impact
moving this large house approx. 40' high across a 8 or 10' road
and turning it around 180 degrees and then wheeling it across
soft sand and putting it up on a foundation. I think there' s no
indication on the application whether or not any run off or any
heavy equipment that's used to accomplish this feat would cause
run off into the. Bay or whether it can be accomplished without
trespassing on other peoples land in that area. I don't know if
,any of the Trustees have looked at the area but being familiar
with parts of Western Long Island such as Coney Island and
Breezy Point in Queens you've actually seen houses shoe-horned
in in places where they really don' t fit. This is the situation
that this house does. So based upon all those reasons my client
has a strong objection to this project.
TRUSTEE KRUPSKI: The first think is that I have to remind you
of is that the Trustees don't administer Town Code 100. The
Zoning Code. So that all those concerns are valid, however,
they're not something we have jurisdiction over. I would
imagine that if they`re all in the code Mr. Mooney would have
to go to the ZBA for relief of the code. Those concerns are
really not our 'concerns. We have jurisdiction 75' from the
wetlands. The house itself, the moving of the house is within
our jurisdiction. Our concerns are also what we would call the
remains of the house including the cesspools on the Bay front
parcel. Our Concerns are also the way the house is situated on
Marion Lake. The proposed septic system is well outside our
jurisdiction. Mr. Mooney would have to go to the Suffolk
County Department of Health for approval for that. That is
their job.
MR. LEVELLE.: I think one of the issues is the plans submitted
doesn't deal with the septic tanks (could not hear him)
TRUSTEE KRUPSKI: No, that's true.
MR. LEVELLE: I ' ll also point out that the house has a left
and right side., and decks and the proposed permit where the
house is situated and the way the survey is, does not allow any-
room for those same decks to be constructed. I don't see that
as being plausible because those sliding doors on the second
floor (could not hear him) . So obviously that's gonna be
closed off at some point in the future and decks are gonna be
built. And the way the permit is in front of you it is exactly
75' from East Marion. However, the added deck. to it is within
that zone.
TRUSTEE KRUPSKI.: No, actually, we consider the 75' . . . .our
jurisdiction is 75' upland of the wetlands, so what's on the:
survey shows the shoreline, the edge of the bank is landward .of
that. It looks like 6 ' . If you move the house there I guess
you could conceivable move it there without coming into our
jurisdiction. However, because of the shoreline the house will
be within our jurisdiction however, marginally it will be within
our jurisdiction.
TRUSTEE HOLZAPFEL.: Is 21. septic systems, is that correct?
MR. LEVELLE: Yes.
TRUSTEE HOLZAPFEL" What was that referring to?
MR. LEVELLE.: What we have is, you have a house. . . .you have a
series of houses, you have one that' s owned by Mr. Ed Dowd which
is on the south side of. Rabbit Lane and his septic systems go
across Rabbit Lane and there are 6 of them on actually on Mr.
Devlin' s property. I'm summing up what kind of cess pool
situation you will have within 3 properties. You will have over.
21 septic systems, rings.
TRUSTEK HOLZAPFEL: We had asked last month. the critical.
question was that your moving the house and yet you never asked
for a permit for the activity on the other side of the road.
MR. MOONEY: Obviously if you don't approve me moving the
house onto the site I. cannot come to you and ask to move the
house. from because I have no. place to put bring it.
TRUSTEK HOLZAPFEL: I think it's the same problem we have
earlier. It's that we have one person with 3 different
properties. Each property is gonna need a permit and that' s
what we asked for last month. We need a permit for the Orient
Harbor property. This is a permit for the piece across Rabbit
Lane. There' s activity on that lot in moving the house off that
lot.
TRUSTEE KRUPSKI: What John is saying is saying is it would have
been easier to apply for both at the same time because some of
our concerns are related to the house on Marion Lake, and some
of our concerns are also on the other side. Basically, our
concerns, and the CAC's concerns were for the- left over septic
system.
MR. MOONEY: I will apply for a building permit. . . .by the way,
the septic system is there and has approval from SCHD, and
there' s a waiver obtained because it was 10' for over 100'
setback and I obtained that in 1983 . I will. either remove the
septic system or at the time I apply for the building permit to
move the house across I will apply for the building permit to
build another house on the Orient Harbor lot.
TRUSTEE HOLZAPFEL: You asking us to approve a permit based on
something you you will do a year later, or maybe never.
MR. MOONEY: I 'm gonna do it next month.
TRUSTEE HOLZAPFEL: But we ,don`t know that.
MR. MOONEY: I will present to you tonight that if I get
approval I will move the house in January or February of 1996
because I have gone ahead with all my other approvals.
TRUSTEE- HOLZAPFEL: I don' t feel comfortable with one permit
based on something else.
MR. ANGELL: It seems that there is a problem. Once you remove
the house, you've taken away a; structure and then you go through
the whole permit process and it's questionable whether or not a
new structure is allowed there. You have a structure there
now. By moving it you vacate that lot, now i.t' s a fresh lot, I
think it wouldn't be a problem with most people and the CAC, to
build a house there. If it's a sub-standard lot. And by
vacating that property the current house your really making that
lot unusable for a. potential.
TRUSTEE KRUPSKI: With the house there you have certain rights.
MR. MOONEY: I don't think that' s necessarily true unless I
remove the foundation: I'm not removing the foundation.
TRUSTEE HOLZAPFEL: But you. see, that isn't in any plan that we
have seen. Your doing that activity on Orient Harbor.
TRUSTEE KRUPSKI: You would never get this permit without doing
that.
TRUSTEE WENCZEL: I really don't have a problem with him putting
a house down but I think it's just a technicality of the other
permit.
MR. ANGELL: What if the proposed new house construction is ,
not acceptable and you condition the moving of this house based
on another plan that is unacceptable.
TRUSTEE WENCZEL: How is it gonna be unacceptable?
MR. ANGELL: I don't know. Who knows what the plan is?.
TRUSTEE WENCZEL: Well it's not gonna be built on wetlands.
TRUSTEE HOLZAPFEL: Your well for that property. Is there
gonna be a well?
MR. MOONEY: What I 'm gonna do at present is to take my
share in what is called the "Rabbit Lane Water Company" , and
take that share across the road. My intention, when I do the
other house on the bay side is to put in an RO ( reverse
Osmosis) system.
TRUSTEE HOLZAPFEL: In response to that that house came up on .
that property it' s almost non-jurisdiction. The jurisdictional
part is moving the house. That's inside our jurisdiction..
TRUSTEE KRUPSKI : Getting away from that for a moment. The
proposed house will go on a foundation or pilings?
MR. MOONEY: Foundation.
TRUSTEE KRUPSKI: Will you require any fill?
MR. MOONEY: I have an application that says there will be no
fill required there_ . I will berm the sides of foundation and I
said there will be approx. 85 c.y. of clean fill that will be
brought in.
TRUSTEE KRUPSKI: Because it's not shown on the survey. That
fill will be shown in our jurisdiction. We should have that..
It should be shown on the survey the extent of that fill. Your
neighbors attorney' s concern was that the fill going towards the
side yards.
MR. MOONEY: I believe that happens. to his clients house as
well. His fill goes onto my part of it and it's OK.
TRUSTEE KRUPSKI: But it should be shown on the survey at least
within our jurisdiction of how that fill line .is. Is there any
other concerns?
MR. DEVLIN: This whole thing of moving a house has puzzled
me. And the reason is if the house is moved and the old
property is on the vacant land, how about if Dan cannot get
approval to build it?
TRUSTEE KRUPSKI: I agree with you because we. don't have an
application in front of us to put anything there. But what we
will need from you is an application to move the house off that
parcel only because your gonna be leaving significant
structure pilings, probably a driveway and sanitary system that
is functional and approved on that parcel. And those are the
things that we would like to see on an application for that
parcel. Aside from the fact that your gonna apply for a new
structure there that will require a permit. That' s a totally
separate scenario that don't even want to really get into. Any
other comment?
TRUSTEE CARRELL: Move to close the hearing. ,
TRUSTEE WENCZEL: Second. ALL AYES
TRUSTEE HOLZAPFEL: I'll make the motion that we table the
application in front of us until we receive an application
involving the Orient Harbor property and the activities on that
and how they match up with the Marion Lake property. Also
included on the survey should be contour lines, the whole idea
of what' s gonna happen to the cesspools systems, etc. etc, .
TRUSTEE GARRELL: Second. ALL AYES
TRUSTEE ALBERTSON moved to go back onto the regular meeting,
TRUSTEE HOLZAPFEL seconded. ALL AYES '
V. ASSESSMENTS:
1. Hepler Associates on behalf of ERNEST GAEBEL requests a
Wetland Permit to re-apply for a 75 l.f. bulkhead with a 10'
return, a 6' X 10' fixed dock, a 3 ' X 15 ' ramp and 3- 6' X 20 '
floats and to regrade or "blend" 65-75 c.y. of fill to
accommodate deck and. patio. This "blend" will make the rear of
the property more in-line grade with adjacent lots while
allowing landscape improvements. Located: 1765 Westview
Drive, Mattituck. SCTM #107-7-7
TRUSTEE.- HOLZAPFEL moved to approve for. a Negative Declaration
for dock, ramp & float- and "blend" only, TRUSTEE seconded. ALL AYES
2. Proper-T Services on behalf of CHARLES. MILLMAN requests a
Wetland Permit to relocate and reconstruct dock as follows: 4'
X 72' walkway, a 4' X 16' ramp and a 6' X 20' float, two 2 pile
dolphins. Located: 2760 Deep Hole Drive, Mattituck. SCTM
##123-4-10
TRUSTEE HOLZAPFEL moved to approve for the Negative Declaration
for the dock to run perpendicular to shoreline, TRUSTEE: GARRELL
seconded. ALL AYES
3 . Costello Marine on behalf of WILLLIAM J. POTTS JR. , requests
a Wetland Permit to reconstruct approx. 57' of bulkhead within
18" and 18" higher with one 12' return and backfill with approx.
30 c.y. of clean fill. Located: 2662 Paradise Shore Road &
West Shore Drive, Southold. SCTM ##80-1-4
TRUSTEE HOLZAPFEL moved to approve the Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
4. Richard Larsen on behalf of ALEXANDER G. LITRAS
_requests a Wetland Permit to rebuild inkind/inplace a 64'
bulkhead with l- 27 ' return and 1- 11' return and backfill with
350 c.y. of clean upland sand fill, and the northeast corner of
bulkhead will be relocated to be within property line.
Located: 20205 Soundview Ave. , Southold. SCTM ##51-4-7
TRUSTEE KRUPSKI moved to approve the Negative Declaration with
condition that bulkhead be in line with neighbors on east side
and steps to platform showing on survey and plan, TRUSTEE
HOLZAPFEL seconded. ALL AYES
5. J.M.O. Consulting on behalf of DR. THOMAS J. MC DONAGH
requests a 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" on center.
proposed berm and revetment shall be constructed on what is
known lawn area. The purpose is for storm and flood
protection. Also to construct a 3 ' X 40' catwalk, a 3 ' X 12'
ramp and a 6' X 20 ' float as per plan dated 12/10/94. Located:.
765 Cedar. Beach Drive west, Southold. SCTM ##90-1-6
TRUSTEE KRUPSKI moved to table the Assessment until an updated
survey showing berm and showing dock similar to neighbor to
south, TRUSTEE HOLZAPFEL seconded. ALL AYES
6. J.M.O. Consulting on behalf of WILLIAM PYMM requests a
Wetland Permit to allow for the reconstruction of 2 timber
groins inkind/inplace. the eastern most structure is 1501 , the
western 501 . there is no filling involved with the project.
Located: ROW off of Reeve Ave. , Mattituck. SCTM ##122-9-7.9
TRUSTEE. KRUPSKI moved to table the application until an updated
survey is submitted, TRUSTEE WENCZEL seconded. ALL AYES
7. NICOLO DE BARTOLO requests a Wetland Permit to
construct a bridge and driveway as per revised plans dated and
received in our office on 1.0/18/95. Located: 475 Condor Court,
at end, off Peconic Bay Blvd. , Laurel. SCTM ##127-3-6.1
TRUSTEE HOLZAPFEL moved to approve the Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
8 . Latham Sand & Gravel on behalf of LINDA FEN_ NIMORE
requests a" Wetland & Coastal Erosion Permits to construct 100
l.f. of retaining wall along toe of bluff with a 151 return and
place 200 c.y. of clean backfill as per DEC permit dated
8/30/95 . Located: 955 Soundview Road, Orient. SCTM #15-3-12
TRUSTEE KRUPSKI moved to approve the Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
9. En-Consultants Inc. , on behalf of GREGG FISHER requests a
Wetland Permit to construct a one family dwelling., deck,
sanitary system, driveway, well, underground utilities, etc. , as
shown on site plan dated 9/6/95. Located: New Suffolk Ave. ,
Mattituck. SCTM #114-12-4
TRUSTEE HOLZAPFEL moved to approve the Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
10. En-Consultants Inc. , on behalf of PAOLO LAVAGETTO
requests a Wetland Permit to modify the floating portion of an
existing dock. The (2) exist. 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, Cutchogue. SCTM #104-7-7
TRUSTEE HOLZAPFEL moved to approve the Negative Declaration,
TRUSTEE GARRELL seconded. TRUSTEE WENCZEL nayed as well as
TRUSTEE KRUPSKI.
IV. RESOLUTIONS:
1. Board to rescind the Grandfather Permit for THOMAS APREA
issued on August 31st at the Regular meeting and grant a
Resolution to Grandfather 3 existing groins at 95' each, 1 at
9811 , 1 at 961 , 1 at 1301 , 1 at 1001 , 1 at 50' and two jetties: 1
at 150' at east end, and 1 at 1.87 ' at west end, and an. exist.
retaining wall totaling 722 ' and a bulkhead totaling 3001 .
Located: 500 Beach Court, East Marion. SCTM #37-7-9.1
TRUSTEE KRUPSKI moved to approve the Grandfather with the
following changes: at west end 1 jetty will be 147' and the
4nd jetty at east end 150, and bulkhead totaling 300 ' , TRUSTEE
HOLZAPFEL seconded. ALL. AYES
2 . Resolution - Bitses - Located: Sound Ave. , Southold.
The following action was taken by the Southold Town Board of
Trustees on Thursday,. October 26, 1995: (See attached)
>> Board to review the following application for
completeness: CHRISTOPHER CONNORS requests a Wetland Permit
to construct a one-family dwelling with associated sanitary
system as shown on revised survey dated. October 23, 1995.
TRUSTEE HOLZAPFEL moved to approve the Draft Resolution, TRUSTEE
ALBERTSON seconded. (See attached) ALL AYES
4. James F. Wills on behalf of PAUL F. WOOD, JR. requests a
Grandfather Permit to repair seawall that was damaged in Dec.
1992 storm and modify concrete slab to be lengthwise and
construct a, curb to prevent runoff. Located: 2575 Bayshore
Road, 'Greenport. SCTM 453-5-20
TRUSTEE GARRELL. moved to deny the request for a Grandfather
Permit and request a full application, TRUSTEE ALBERTSON
seconded. ALL AYES
5 . DORIS K. BROWN requests a Coastal Erosion Permit to
relocate house and septic system landward from bluff: Current
foundation will be left and covered with wood and well will be
used as long as possible. Located: 1979 Bergen Ave. ,
Mattituck. SCTM ##112-1-17
TRUSTEE KRUPSKI moved to approve the CEHA Permit with
condition they follow planting plan submitted by Natural
Resources Conservation Service, TRUSTEE ALBERTSON seconded. ALL
AYES
Meeting Adjourned at: 10:.25 p.m.
RespectfullyT Submitted By:
Dianeh J. Herbert
Clerk, Board of Trustees
ski President O` �,0 Town Hall
Albert J. Krup � G .
John Holzapfel, Vice President c y 53095 Main Road
William G. Albertson cc Z P.O.Box 11.79
Southold,New York 11971
Martin H. Garrell �y 0!� hone(516
Peter Wenczel 'flpl �.� Telephone ).765-1892.
Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFIED MAIL
November 3 , 1995
James Bitses
2575 Lighthouse Rd.
Southold, NY 11971
RE: SCTM #1000-50-3-6
Dear Mr. Bitses:
The following action was taken by the Southold Town Board of
Trustees on Thursday, October 26, 1995;
Whereas Section .97-20 of the Southold Town Code provides that no
person shall conduct any operations on any wetlands in the Town
of Southold unless he shall first obtain a written permit
therefore issued by the Trustees, and
Whereas James Bitses, owner of wetlands property at the North
West corner of Lighthouse Road and Soundview Road has conducted
operations on that property, consisting of mowing the wetland
vegetation surrounding a perched freshwater pond on that
property which is -designated on the DEC Freshwater Wetlands Map,
dredging the pond and filling and reducing the. size and level. of
that pond, and he has verbally threatened to perform further
operations which would destroy the wetlands, and
Whereas the Trustees find that James Bitses has not obtained or
applied for a wetlands permit for the above-described
operations, and
Whereas James Bitses claims to be exempt from the permit
requirement under Section 97-12 of. the Southold Town code which
provides that a permit is not. required for the ordinary and
usual operations relative to agriculture, on the grounds that he
is growing 400 blueberry bushes in the above-described area,. and.
Whereas the Trustees have considered the application of that
exemption as to its applicability to the activities of James
Bitses based on conversation with Mr. Bitses and an on-site
inspection on October 18, 1995,
Therefore, .be it RESOLVED that the Southold Town Board of"
Trustees finds that the activities, o€ Mr... Bitses do not €all
within the exceptions of Section 97-12 for -the following resions
There is no previous agriculture histo
P g history 'an the parcel_���: .
Mr. Bitses has no stated previous agriculture experience
If Mr. Bitses` intention is truly the culture of 400
blueberries, then the upland portion of his property would be
better suited to their cultivation than an area that is a
wetland. il
Mr. Bitses has done nothing to convince the Board that his
"operation" represents ordinary and usual agriculture and are
not a ploy to justify the destruction of wetlands.
If you have any questions, please do not hesitate to contact
this office.
Sincerel ,
Albert J. Rrupski, Jr.
President, Board of Trustees.
AJK:j and
cc: Town Attorney
Bay Constable