Loading...
HomeMy WebLinkAboutTR-11/30/1995 t• J Albert J. Krupski,President O��SUFfO��COG Town Hall John Holzapfel, Vice President �� �� 53095 Main Road William G. Albertson y Z P.O. Box 1179 • ^� Southold, New York 11971 Martin H. Garrell Peter Wenzel y�lpl �.ap! Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES NOVEMBER 30, 1995 . CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, December 13 , 1995 at 12 noon. A motion was made by TRUSTEE HOLZAPFEL- and seconded by TRUSTEE GARRELL to set the date. ALL AYES. NEXT TRUSTEE BOARD MEETING: Wed. . December 20, 1995 at 7 p.m. WORKSESSION: 6: 00 p.m. A motion was made by TRUSTEE HOLZAPFEL 'and. seconded by TRUSTEE GARRELL to set the date. ALL AYES. APPROVE MINUTES: Approve minutes of October 26, 1995 Regular Meeting. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL. ALL AYES. I. MONTHLY REPORT: The Trustees monthly report for October 1995: A check for $4,929. 50 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. J.M.O. Consulting on behalf of JUDY & NORMAN TAYLOR. request an amendment to permit #38-2-35 to add 500- 1000 lb. stone along eastern return of existing bulkhead. Located Gillette Drive, East Marion. SCTM #1000-38-2-35. A motion was made by TRUSTEE HOLZAPFEL. and. seconded by TRUSTEE WENCZEL to approve the amendment subject to Town Highway Departments' approval. ALL AYES. 2. J.M.O. Consulting on behalf of DR. LOOMIS request an amendment to Permit #4529 to put the bulkhead ill back from neighbors return to run at tow of bluff. Located Private Road, Greenport. SCTM #1000-49-1-18. A motion. was made. by TRUSTEE WENCZEL. and seconded by TRUSTEE HOLZAPFEL to approve amendment. ALL AYES. Trustees Minutes 2 November 30, 1.9-95 3 . J.M.O. Consulting on behalf of HOWARD LUDECKER request to amend Permit #4503 to make dock and ramp 4' wide as Mr. Ludecker needs the width for health problems. See doctors note. .Located 370 Koke Drive, Southold. SCTM #100087-5-2. A motion was made by TRUSTEE GARRELL. and seconded by TRUSTEE. HOLZAPFEL.. AYES: Garrell, Holzapfel, Krupski. Abstain: Wenzel. 4. BRUCE BEANEY request an amendment to Permit #4252 to add 3 ' X 190' catwalk to existing dock. Catwalk. will be elevated. over marsh. Located 1750 Beebe Drive, Cutchogue.SCTM #10.00-103-3-5.1. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE GARRELL to TABLE this application for further information (plan, cross. section, survey) . ALL AYES. Note: Pallet should be removed. 5. Land Use on behalf of JUDITH SCHMID request a waiver to construct an 8' X 34' addition onto existing dwelling as per survey dated August 11, 1995. Located Wells. Ave. , Southold. SCTM #1000-70-4-12. A motion was made by TRUSTEE. GARRELL. and seconded by TRUSTEE HOLZAPFEL to TABLE this application for inspection of the bulkhead and fill behind it. ALL AYES. IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE. PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF: FIVE (5) MINUTES OR LESS, IF POSSIBLE 7:15 P.M. - In the matter of DANIEL MOONEY' requests a Wetland Permit to construct a foundation, septic system 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 any one here who would like to speak in favor of the application? DAN MOONEY: I am the applicant. Obviously I am in favor of the application.. TRUSTEE. KRUPSKI: Thank you. Is there any one here who would like to speak against the application? William LAVELLE: I am William Lavelle. I represent Mr. David Devlin. I would like to speak against both applications. I understand there is a new application. TRUSTEE KRUPSKI: The other one is an assessment. WILLIAM LAVELLE: I. do believe the first application was amended somewhat by a letter sent to the Trustees yesterday and stamped in by the Southold Office on November 29th. First of all my name is William Lavelle, I am an attorney with the law firm of Lavelle and Dapelo, P.C. in Patchogue. Basically I am requesting first of all a postponement. I believe the application was. filed in- an untimely manner and not given me enough time to review it and be prepared for tonight' s public meeting and I also believe that. the change in the Trustees Minutes 3 November 30, 1995 application .by letter dated November 29th, filed yesterday, did not give me an opportunity to review it until this evening. TRUSTEE KRUPSKI: We are at the same disadvantage as you are. I will read this letter. If you don' t mined being interrupted? Dear Madame/Sir: You may .recall at the last meeting of the Board of Trustees I appeared in support of my application to move the house located at 480 Rabbit Lane, Diagonally across Rabbit Lane., onto a lot owned by me. At the hearing I suggested to the. Board that the foundation. of the house would be enclosed in an earthen berm. I have since decided not to pursue an earthen berm. However, I am enclosing herewith 2 copies of survey from Van Tuyl Surveyors which shows the decks on the current house which will be moved onto the parcel on the north side of Rabbit Lane. In addition, with respect to the application of my Wife and I to move the house from 480 Rabbit Lane, please be advised that until such time as we complete the plans for a new home, that the septic system will be properly capped until such time as I obtain a building permit and commence construction of the new home at 48.0 Rabbit Lane. I intend to appear at the hearing on Thursday, and if you have any further questions I. will be happy to answer them. Thank your for your courtesy in this matter. Very truly yours, Daniel C. Mooney. MR. LAVELLE: You also have a letter dated November 3, 1995 from the Lakeview Terrace Road Association, received by the Town November 6th. His letter changes the original application. It makes the proposed dwelling much larger. It adds 23 ' to the depth of the project and 6' to width on a lot that is not even a minimum lot under the. non-conforming zoning code. TRUSTEE KRUPSKI: The house is in the same location as the old survey. It is just the addition of the deck that is difference. MR. MOONEY: I apologize for the lateness of the survey. I only got it from Mr. Van Tuyl yesterday. The old one was inaccurate. MR. LAVELLE: I believe that this changes substantially changes everything. According to the construction of the proposed house on the north side of Rabbit Lane. I make the same objection. concerning zoning, the non-conforming lot at the October hearing. I understand that is not within the jurisdiction of the Wetlands Act. Those regulations. had there roots in. creating, establishing and keeping an open community. If you look at the roots of why this legislation was past, it also flags the wetlands act in the event that the purpose of the wetlands act is. to achieve the same goal. In reading the declaration of policy, it states that natural drainage system for conservation, economic, recreation and other public uses and values and further to protect affordable pressure. wel.l. supplies ,and so forth and so on. Although it is not directly within the jurisdiction of the Trustees, I do believe the zoning laws and restrictions are for the purpose of accomplishing the same goals that Trustees under the wetlands act are trying to accomplish. Technically by putting house on a small lot that does not fit, I think effects and comes under the jurisdiction. of the wetlands. act. There is no indication in the application what so ever of what kind of drainage problems that are going to be. caused by a. house of this size or a deck of this size. You are talking about house with the decks that is within 601 of Marion Lake. You are also talking about an area that already has. approximately 11 or 12 septic systems. Now you are adding another 6 Trustees Minutes 4 November 30, 1995 to it. What is interesting, in the application which has quite a few mistakes or mis-truths. One of the mis-truths is the drainage of the property. There is absolutely no indication at all that the drainage. is good. With my personal experience at this location, the drainage is very poor. At high tide. levels all the. berms that cover the cesspools in this area are wet, because they are half full with salt. water from the bay and with fresh water from Marion Lake. I believe that application concerning the drainage is in accurate.. I believe as lay persons, it would be hard to sit here and rely on Mr. Mooney or myself or the Trustees knowledge of that unless you have an expert to come in and say what kind of drainage there is. there. You are talking about an area there where at. best you have a 3 ' rise in .tide. TRUSTEE HOLZAPFEL: You are talking about the proposed septic system? MR. LAVELLE: , The proposed septic system plus whatever is existing. TRUSTEE HOLZAPFEL: What exist is on what side of the road? MR. LAVELLE: You have on the north side of Rabbit Lane, a property adjacent. TRUSTEE HOLZAPFEL: Adjacent.. I thought you where trying to say that there was cesspools on his property. I understand. MR. LAVELLE: There is absolutely no indication whether or not adding another septic system to this already over burden area will effect Marion Lake. I think the letter from Lakeview Terrace Associates- is very strong with this issue. The application is in accurate. The fact that the size of the house is not accurately affected in this application. In the application says that only. one person objects to this proposed think. There are many other people that object—There was also a statement by the Chairman. back in September that there was no guarantee that after that this property,was moved, that Mr. Mooney would get building permit to rebuild. on property south of Rabbit Lane. I think that is a_ receipt for disaster. Ultimately what could happen here is that. Mr. Mooney could move the house, Mr. Devlin would not be happy and Mr. Mooney would attempt to build another house across. the street, not get the. permits and not be happy. I think the Trustees have to be very careful about exposing themselves to liability. I might seem by granting the application that. they are implying. Mr. Mooney can reuse. the old septic system. I understand pursuant. to the Suffolk County Health Dept. that once the cesspool is capped, it is dormant and. cannot be uncapped unless. the owner of the property goes through the permit requirements. Another home builder that I represent, was not able to put a cesspool within 100' of the bay, like Mr. Mooney did back in 1984. In fact his cesspools had to go across the street what is' now Mr. Devlins° property. I do believe there is substantial. . .in the application. it. says that the septic system will be reused again for the new house. That is just not so. I think there are a lot of issues here that can. lead. to a tragic result for everyone involved. I believe that a piecemeal decision by the Trustees, because the application is piece meal., could lead to results. . .and that is what we are trying to avoid. This is an issue when this property was bought., all these requirements, zoning regulations where in effect. It is not like the Trustees are depriving Mr. Mooney of' an economic property they bought for the propose of reselling or building a. house in the. future. When the property was taken in title by Mr. Mooney, all these problems existed.. I don't believe. that. the Trustees should feel that economically -their decision. here- is an economic disaster for Mr. Mooney. I believe quite the opposite. I believe the- reason for the Trustees Minutes 5 November 30, 1995 wetlands act is for public good. I believe that by maintaining this open space for possibly putting a house on there that fits. This house does not fit. I don' t know if you have driven down to this. location and looked at this house? It is a very large house. The property is 50 ' wide. 'Once you add. the decks- on there, it doesn't even meet the minimum requirements for non-conforming- lots. You are talking about a house that doesn't fit. There is no economic reason why this house has to be there. Thank you. TRUSTEE KRUPSKI: Is there anyone else who would like to comment? The CAC comments? TRUSTEE GARRELL: The Council recommends approval provided. that the. applicant has the current septic tank pumped out and cap the intake. CAC suggest the the Trustees advise the applicant that he would be. taking the house away and appears that he would have no right to rebuild the structure without going through the permit process and adhering to the Town Code. TRUSTEE KRUPSKI: I would just like. to read the letter we. got. since the last meeting from the Lakeview Road. Association.. See attached letter that was read into the record. Does the Board. have any comment? The placement of the septic system is strictly under review and jurisdiction of the Suffolk County Health Dept. Because it is placed outside our jurisdiction, we really don't have anything to say about it. They will review that. They will either approve it or deny it.. I have seen a denial. That is totally within there jurisdiction. As far as. the size of' the house and as far as the decks are concerned, that is the Zoning Board of Appeals. I am not quite sure about the spirit of the law, but they have to do their job. TRUSTEE GARRELL: What about the bridge? TRUSTEE KRUPSKI: The bridge part is different. If there is a concern about the bridge, what we have done in the past as far as contractors go, usually it is in. relation to road endings, we require the contractor to bond the property that they are using. So if they damage any property, they are responsible. I don't know what kind of construction material. and equipment they would be using and what the weight of that is in relation to the 8. ton limit. I have no idea. That is a valid concern. Any others? TRUSTEE HOLZAPFEL: The project is marginally inside our jurisdiction. You are talking about a 1' or 2. MR. LAVELLE.: Only a small portion of the project is within 751 , you have to look. on how that project effects the distance between the. wetlands. Obviously if you have a piece of property that is flat and. if there is not enough drainage on that. property. It has to run somewhere. It is' not running over Rabbit Lane., which is a raised road. It is running into wetlands. My position to the. Trustees that this house can be 2.00 ' away from the wetlands, but the construction. of a house will cause erosion and cause drainage into the lake. That would come under your jurisdiction. You have a small piece of property. You have a very large house built on it. The front of the property is going to be burmed for a cesspool. All the drainage is going to run north into Marion Lake. There is absolutely nothing from an expert or from an environmental person submitted by Mr. Mooney indicated. that this. building will not have that. effect. I don't believe that there is anything else before the Trustees, for the Trustees Minutes 6 November 30, 1995 Trustees will safely assume that this project will not adverse effect on the wetlands. TRUSTEE HOLZAPFEL: One of the standard conditions that we put on any new homes on the wetlands, is that all of the water running off the. house be contained in drywells so it does not run into the lake. That is a standard conditions that we super impose on the applicants project. Any roof runoff, any runoff coming off any of the property has to be ,contained in drywells. MR. LAVELLE: If you had a place where drywells worked, then I would agree with your. You can't build a drywell in a place where it has a 3 ' water table. So that water runs into the lake anyway. TRUSTEE KRUPSKI: We went out on field inspection as a Board to review the site. Because of concerns that where brought up at the previous meeting. One of our major concerns is .runo€f .from the property and the containments that the runoff can take into the lake and its effect on water quality. What we saw was no great indication of any. . .generally when you get active erosion you see gullying and channeling and whatnot.. We didn't see signs of active erosion on the site as it stands now. The survey test hole shows 3 ' of pale brown fine to course sand, which would indicate good drainage down to 31 . Some properties are very elevated. There is a steep gradient of surface water down to the creek and you wouldn' t see that on this property because it is very flat. We don' t see that. Looking at that concern in the field we didn't feel that way. MR. LAVELLE: I have one more point. As far as building a house that basically stretches from one side of the property another. Basically obstructing the view of Marion Lake, I believe also falls underneath the jurisdiction of Trustees in the wetlands act. You have a lot that is 50' wide and you are building a structure that is 30 something wide. . . even under the zoning laws you have. 25 ' . Here you have 19. You are not looking at farm land or trees you are looking at Marion Lake which you can't look at any more because the house is bigger than the property. TRUSTEE GARRELL: How many houses do you have on Marion Lake now? MR. LAVELLE: Between Marion Lake and Bay Ave. I believe you have most bungalows that have been there for quite some time. You are hot talking about any large structures, except for two houses. TRUSTEE GARRELL: Do any of the other houses small ones have problems with the septic systems? In other words drainage from septic systems into Marion Lake or adjoining water. MR. LAVELLE: It has been my experience that if you are there at high tide you can actually smell the septic system on Rabbit Lane. Specifically in front of Mr. Dowds' house. Which is right next to where this property is going to be. I believe that you are asking. . .the potion here is the person that brings in the application has the burden of proof. I don' t the application has proved that it is .not effecting it. There has been no expert. Surface erosion is a very important issue. As a lay person surface erosion is very easy to see and determine where it is. You are talking about a slow seepage under ground. It may have at least the same bad effect as erosion. However, my position is that is even worse than surface erosion because you can't see it. By the time you know that is. effecting the quality of water, it is too late. The water aquifer is tainted. Normally they say you need 70 or 80 years of nature to cure that. I believe that the wetlands act was purposely designed to avoid that situation. I don't think there is anything here put forward by the 'Trustees Minutes 7 November 30, 1995 applicant-that- the Trustees can hang there hat on to be sure that that is not the situation. TRUSTEE KRUPSKI: We are not approving the septic system. That is the Department of Health to approve the septic system. Any further comment. MR. MOONEY: With all. do respect to council, he doesn't live. on Rabbit Lane. I have lived there 11. years. I. have never detected odor from any, ones septic system in that period of time. MR. LAVELLE: I' just say that as a self. serving statement.. TRUSTEE KRUPSKI.: Any further comment? Man From Audience: Yes, I have a comment. I lived in that area for about 35 years and at least 2 or 3 times a year the tide comes over Bay Ave. and runs down in back of the houses on Bay Avenue. It involves the cesspools in those houses there along Bay Ave. That lake is very fragile. They continue to mess around down there with it. It keeps getting_ worse and. worse all the time. It is going to be come a cesspool and no one wants to listen.. Everyone wants to pass it on to somebody else. It is going to be a disaster after a while. Thank you.. TRUSTEE KRUPSKI : Thank you. Any other comment? MR. DEVLIN: You said you are going to have. a separate hearing on moving the house from the other property? TRUSTEE -KRUPSKI.: That is right. MR. DEVLIN: When will that be? TRUSTEE KRUPSKI: That should be next month based on our assessment tonight. Do' I have a motion to close the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEE GARRELL: Seconded. ALL AYES.. After further discussion, the Board wishes to get further information from the Health Department before. the Board votes on this application. 8: 00 P.M. - In the matter of HEPLER ASSOCIATES on behalf of ERNEST GAEBEL requests a Wetland. Permit to construct a 6' X 10 ' dock, a 3 ' X 15' ramp and 3 - 6' X 20' floats and to place 65-75 c.y. of fill to regrade deck and patio area to be in line .wi.th neighboring lots. Located 1765 Westview Drive, Mattituck. SCTM 107-7-7. TRUSTEE KRUPSKI: Is there anyone here who wishes to speak on behalf of the application? DANA HEPLER: I would like to address the Trustees. We have made application and we have had, a meeting on the site. Which we have revised the plans. Specifically the drainage along the creek and the things where addressed and I think a good environmental solution has come out of that. We. have. submitted a concept plan to you. I have more detailed plans here regarding that. Because of the wave action at the base, what I plan to do is have two Gambians here. At the base of those. Gambians, put some larger stones. Between those stones have planting pockets with an appropriate herbaceous mix.. Above those Gambians. and in back, a technique called brush layering. Which we would lay live staking and live herbaceous and. woody material that would be site. appropriate in with. the planting mix and slope: that back up. Photos of the technique are here. It is a very standard technique. It is not just doing a rock wall and putting some little plantingg pockets in. It is meant to stabilize the slope structurally. That is one of the things the owners are concerned about. Trustees Minutes 8 November 30, 1995 TRUSTEE HOLZAPFEL: An an immediate concern, is this part of the Gambian here? MR. HEPLER: No, that is separate. This is stone at the base. Just to soften the. water. It is beyond the Spartina. I have a clearance here that we don' t come near that. We are also above mean high. In the case. . . TRUSTEE HOLZAPFEL: I thought that the Spartina almost ran to the foot of the. . . MR. HEPLER: It varies. It just underla.tes. So what I said. was that. we would stay 18" away from the edge of the Spartina. What I also like to do is, we can get plugs of that, where it ends and where I put this we can get plugs in there to fill that.. Bigger stones will be. a lot more beneficial to the establishment of the base material. STEVE ANGEL: Do you think that there will be any sacrifice of any Spartina because the stone is there? MR. HEPLER: Maybe what we can do is reduce the size of that so the Spartina would have more pockets to go into any maybe not make that as large. In looking at the site, I felt the best solution here, because of this are being eroded out, to take the Gambian back to this corner and underneath the fixed pier, I felt that would be causing more problems because of the sun lite access and the wave action, turbulence in this corner. I didn't think we were going to get much to be established here anyway. I felt a good solution would be to just take the bulkhead out to here were his pier is going to be and soften the rest of this.. Except that the base stone where we are putting herbaceous material would continue all the way across. The herbaceous material could also go up above here. Obviously, salt tolerant material would be down here. We would use other material. I would like to keep it low vegetated. I only have one tree in my proposed plant list which is the Beach Plum. As the big trees go over they shade bank and end up choking everything out. You are defeating the erosion technique. The only other thing I would like to clarify with the Trustees is that. this the existing slope, even though we are above mean high, the Gambians would come in front of that and we will duck in behind it. We are clipping off the back. We are actually going back farther. I have it on this plan, the trees that are unstable that we would be allowed to take out. BOARD: YES. MR. HEPLER: I show on the plan a 25' set back of native, non-fertlized buffer. I show a straight line, but I think we would like to modify it. TRUSTEE- HOLZAPFEL: Well done. TRUSTEE WENCZEL: Do we have a plan for the dock? CLERK: YES. MR. HEPLER: There was a revised one that we gave to the. DEC. TRUSTEE WENCZEL: Three floating docks? MR. HEPLER: Yes. TRUSTEE WENCZEL: That is not going to work. TRUSTEE KRUPSKI: What you need is a. catwalk. MR. HEPLER: I' will revise that plan. TRUSTEE HOLZAPFEL: So you will be happy with two floats with a fixed? You would get the same length. TRUSTEE WENCZEL: Don't we normally just approve one because of excess bottom coverage. Light penetration and whatnot? MR. HEPLER: The reason we did it is because the flats go. out so far. Trustees Minutes 9 November 30, 1995 TRUSTEE WENCZEL-.: I understand. that. As far as using floats as opposed to catwalks. TRUSTEE HOLZAPFEL: Normally what we do is we have. one float. TRUSTEE WENCZEL: A f loat. would shade a much larger area then a catwalk. MR. HEPLER: If the Trustees feel that would. be more appropriate, I have no problem adjusting it. TRUSTEE KRUPSKI: That would be 3 ' X 68 ' catwalk, a 6' X 20' float straight out. TRUSTEE HOLZAPFEL: Also. the dock has to be 15 ' away from the property line. MR. HEPLER: We will square that off. TRUSTEE KRUPSKI: You can make it to the end of the wall. If it is only 12' or 13 ' away from the property line that is O.K. 3 ' X 68' dock., 6 ' X 20 ' float, 3 ' X 15 ' and 6' X 8' platform. Is there any further comment on this application before we close this public hearing? We will condition this. to go out. no further then the neighbors. Once it is built we will look at it and if it is too long, you can remove it. Do I have a motion to close the hearing. TRUSTEE WENCZEL: So moved. TRUSTEE. HOLZAPFEL: Second. ALL AYES. TRUSTEE KRUPSKI: I will. make a motion to approve the application of Hepler Associates in the matter of ERNEST GABEL to construct a 3 X 68 ' dock, a 3 X 15 ' ramp and one 6' X 20 ' and to place 65' to 75 ' c.y. of fill. to regrade the deck and patio area to be in line with the neighboring lots with the condition that the dock does not extend any further seaward then the neighbors and be, if possible, 15' off the. property line. TRUSTEE GARRELL: Second. ALL AYES. 8:18 P.M. - In the matter of PROPER -T SERVICES on behalf of CHARLES MILLMAN requests a Wetland Permit to relocate and reconstruct dock as follows; 3 ' X 52' walkway, a 3 ' X 16' ramp and a 6' X 20' float, two 2 pile dolphins. Located 2760 Deep Hole Drive, Mattituck. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? MR. FITZGERALD: You have a drawing which incorporates all the changes. that we discussed the meeting last month. I. would be more than happy to answer -any questions you might have. TRUSTEE KRUPSKI: Is there anyone who would like to speak against the application? Does the Board have any comment? CAC recommends disapproval because the applicant currently has a permit- to reconstruct a short dock to the east which will give access to the water. The applicant wants to relocated the structure to the west, the Council: would approve but it must be in the same configuration as is currently permitted. The reconstruction. must be to current standards. TRUSTEE WENCZEL: Move to close the hearing. TRUSTEE GARRELL: Second.. ALL. AYES. TRUSTEE WENCZEL: I will. make. a motion to approve the application of CHARLES MILLMAN to relocate. and reconstruct a dock., 3 ' X 52' walkway, 3 ' X 16' and a 6' X 20' float with. two 2-2 pile dolphins. TRUSTEE GARRELL: Second. ALL AYES. 8:22 P.M. - In the matter of LATHAM SAND AND GRAVEL on behalf of LINDA FENNIMORE request a Wetland Permit and Coastal Erosion Permit Trustees Minutes 10 November 30., 1995 to construct 100' of retaining wall along foot. of bluff and a 1.5' return on the West side. The East. side to be attached to proposed retaining wall extension of neighbor. Approx. 200 c.y. fill. to be trucked. in from upland source. Existing rocks to be repositioned. in front of wall.. Bluff to be planted to prevent further erosion. Located 955 Soundview Road., Orient. SCTM #15-3-12. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? MR. LATHAM: Latham Sand and Gravel, I'm here to answer any questions.. TRUSTEE KRUPSKI: Do we have any questions that we didn.'t, ask last month? Is there anyone here who would like to comment on this application, either for or against? MR. LATHAM: I have some more pictures here. TRUSTEE KRUPSKI: Thanks. CAC recommends approval with stipulations that the. applicant move the wall ba.ck. 15' to tie in with existing structures to contain and help address the erosion caused by overlay and runoff, install a 15' non-turf buffer at the top of the bluff back towards. house, regrade top edge of bluff to slope back toward house so water flows away from bluff. Stairway should also be rebuilt. PART OF TAPE WAS ACCIDENTALLY TAPPED OVER. A motion was made by TRUSTEE GARRELL and seconded. by TRUSTEE HOLZAPFEL. to close the hearing. ALL AYES. A motion was made by TRUSTEE GARRELL and. seconded by TRUSTEE. HOLZAPFEL to approve the' Wetland. application and Coastal. Erosion application for the above with a 10 ' non-turf buffer at top of bluff. ALL AYES. 7 :19 P.M. - In the matter of COSTELLO MARINE on. behalf of WILLIAM. J. POTTS, JR. request a Wetland Permit to reconstruct approx. 57' of bulkhead within 18" and la" higher with one 12' return and backfill with approx. 30 c.y. of clean fill. Located 2.62 Paradise Shore Road & West Shore. Drive, Southold. SCTM #80-1-4. TRUSTEE' KRUPSKI: Is ther'e. anyone who would like to speak on behalf of this application? TRUSTEE WENCZEL: Comments: Install drywells up in lawn area and all. runoff pipes to be removed. Area between walls shall be planted with non-fertilized plants such as Rosa Rugosa. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE HOLZAPFEL to close the public hearing. ALL AYES. A motion was made by TRUSTEE. WENCZEL. and. seconded. by TRUSTEE HOLZAPFEL to approve the wetland application with the conditions. of drywells, planting and all runoff pipes are to be removed. ALL AYES. 7:20 P.M. - In the matter of NICOLO DIBARTOLO request a. Wetland permit to construct a 20' X 12' bridge, a 47' retaining wall on east side and a 30' retaining wall on west side. Existing retaining wall on North side will be removed and every other stave will. be removed from existing wall on South side. Approx. 10 c.y. of fill will be brought in. f.rom upland source. Located 2146. Main Road, Laurel. SCTM #127-3-6.1 & 6 . 2. TRUSTEE KRUPSKI: Is there anyone here who would like to speak. on behalf of this. applications. Part of tape was taped over. Cheri. WAld.en spoke of behalf of the applicant,. has no objections.. Trustees Minutes. 11 November 30, 1995 Cathy O'Brian, neighbor, had questions RE: access from subdivision. John Harrison,Sr. had. questions RE: access, fire protection, single family usage and further developement of property. Board said property cannot be further develope because majority of property is wetlands. Gail Wickham spoke on behalf of owners of adjacent subdivision. Had questions on access for fire department, questioned court papers, felt that court papers did not 'require abandonment current R.O.W. MR. DEBARTOLO: I can not see any particular difficulties with the Town. Lastly, I will like to say that there is a drainage sump with 100' of where that driveway is going to be. At certain points. the driveway will only be within 10' of the sump. We talk. about the. possibility of erosion, that is not going to happen simply because no big trees are going to be removed. The area where the driveway is will have some minor trees removed. Thank you. GAIL WICKHAM.: The survey that I have. doesn' t show any 9' section. I do see a 1.0' section of right-of-way along the railroad tracks and there is. certainly some movability as far as a fire truck. TRUSTEE WENCZEL: On this survey it shows 8' . GAIL WICKHAM: May I look at that? TRUSTEE WENCZEL: You certainly can. GAIL WICKHAM: I will have to check the deed... Second of all, the application is to build a bridge and go across your wetlands: for the purpose of accessing lot 6.2.. That property does not abut Condur Court. That is another piece of property. He is asking for a driveway to be installed on for the benefit of a property that does not abut the town road. I think that is a problem with this application that the highway dept. has to deal with. We are talking about. two different pieces of property here. He is not asking to access a road way for the benefit of this big piece. He is asking for the house, which is on a separate piece. MR. DEBARTOLO: It is a single deed. TRUSTEE WENCZEL: That doesn't have much to do with the environmental review. TRUSTEE KRUPSKI: We where. under the understanding that. he. is forced to provide an alternative access from the ra .l. road crossing. GAIL WICKHAM: I believe he has a deeded right-of-way. I would imagine. . .his did does reflect title search. I have not read that. MR. DEBARTOLO: The way the easement was written is when another access becomes available to me, that other easement automatically terminates. The way that is written by the court to my understanding has a temporary effect to it. It is not. a permanent easement in that. sense. It is a single piece of property. TRUSTEE HOLZAPFEL: My question was you have a. legal right-of-way and you have no one taking that right-of-way from you? MR. DEBARTOLO: No. TRUSTEE HOLZAPFEL: That makes a completely different issue from where we are coming from. There is a long precedent in terms of not allowing bridges. over wetlands. In a. couple of. cases, it has. been an issue. It was a hard issue for us to work on. We thought we where working on it because. it was an ablegation. on your part to remedy a situation. TRUSTEE KRUPSKI: Usually when we grant a wetland permit for a function whether it is access or erosion control and the size and the scope of the project is defined by what the applicant needs, not what. Trustees Minutes 12 November 30, 1995 the applicant wants. A ,question in any mind is, the access you have now in some -cases it does say 81. wide, in the deed 9 ' wide, I think one of the questions we have' to look into is talk to the Fire Department and ask them about emergency vehicle. If it is adequate access for your protection. MR. DEBARTOLO: I have been told that it isn't. One of the suggestion was that one of the bridges that was recently built in the Town of Southold, there was some questions as to the requirements of the Fire Department. The requirement was to build it wider.. TRUSTEE HOLZAPFEL: That was rebuilt. It had already been there for many years. This is Nassau. Point. MR. DEBARTOLO: It wasn't adequate in size. Eight feet is barely enough for a car. It runs for about 2 or 300 ' . That is quite a distance. You have to make a sharp turn along that rail road track. When I make that turn it is hard to stay off Half Hollow Nursery's' property. TRUSTEE. KRUPSKI: What I am going to suggest is that we recess the public hearing. I would like to see the Fire Department opinion on the safety and usability of your present right-of-way and whether they do consider it safe and adequate for emergency vehicles. TRUSTEE HOLZAPFEL: At the same time, if I can add, depending on what that letter says, whether the other alternative is. any better. MR. DEBARTOLO: Larry Tuthill is going to be building the bridge.. He is building it in such a way that it is going to be adequate for the Fire Department to cross. TRUSTEE HOLZAPFEL: We just like that same kind of assurance from them. TRUSTEE KRUPSKI: We would like a letter. So if you can get that for us, we could put that into the record. MR. DEBARTOLO: "I can do that. I would also like to put on record that I did notify the Fire Department by 'letter about three months ago indicating that I have an elderly person who is disabled living at . that house and this is. another reason I wanted to expedite this matter. Any delay this can make this worse. Not in any way indicating. . .In an emergency I would like a quicker response. They would have a difficult time getting through. those driveways as they exist right now. The Fire Department does now how to get to the house. TRUSTEE KRUPSKI: Alright, you understand what we want from you? MR. DEBARTOLO: Yes. TRUSTEE KRUPSKI: I would like the answer from the Fire Department and we will have our Town Attorney read the deed to see if it is 8' or 10 ' . MR. DEBARTOLO: So you are saying this will be delayed a month. TRUSTEE KRUPSKI: Yes.' Is' there any other comment? I make. a. motion that we recess the hearing until December 20th. TRUSTEE WENCZEL: Second. ALL AYES. 7: 21 P.M. - In the matter of BERNARD FISHER request Wetland Permit to construct a one family dwelling, deck sanitary system, driveway, well, underground utilities approx. 75' from wetland line as per survey dated September 19, 1995. Located New Suffolk Ave. , Mattituck. SCTM #11.4-12-4. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE HOLZAPFEL to close the hearing. ALL AYES. A motion was made by TRUSTEE HOLZAPFEL. and seconded by TRUSTEE GARRELL to approve a Wetland Permit to construct a single family Trustees Minutes 13 November 30, 1995 dwelling.. . with haybales at the. 15' contour line and no disturbance of soil within Trustees 75' jurisdiction. ALL AYES. 7: 22 P.M. - In the matter of RICHARD LARSEN on behalf of ALEXANDER G. LITRAS request. a Wetland Permit to construct. a. 66' bulkhead with two 5' returns at toe of bluff to be in line with neighbors bulkheads. Located .20205 Soundview Ave. , Southold. SCTM #51-4-7. TRUSTEE KRUPSKI: Anyone here to speak in favor of this application? RICHARD LARSEN: If there are any questions. A motion was made by TRUSTEE HOLZAPFEL and. seconded by TRUSTEE. WENCZEL. to close the. hearing. ALL AYES. A motion was made by TRUSTEE. HOLZAPFEL and seconded by TRUSTEE. WENCZEL to approve the above. ALL AYES. 7:23 P.M. - In the matter of. EN-CONSULTANTS on behalf of PAOLO LAVAGETTO requests a Wetland Permit to modify the floating portion of an existing dock. The 2 existing 6 ' X 20 ' floats in a "T" shape 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 1.300 Mason. brive, Cutchogue.. SCTM #104-7-7. TRUSTEE KRUPSKI: Is there anyone here who wishes to speak on behalf of this application. DIANE: From En-Consultants. Two months ago we went to apply for an amendment and there was an. objection raised to the amount of bottom coverage. Since then I had an occasion to speak with. Ms. Lavagetto.. She insists that she needs the "U" shape because there is wave and wind action coming from the southeast. causing boat to slam up against the float.. She insist that she needs this protection. She agreed to cut down the. size. of the. two 6' X 20' floats to 4' X 20' 'keeping the "U" . I calculated the amount of bottom coverage, it results in an increase of 12 sq.f.t. She has 6' X 20' floats. She wanted to us them, but she will get new ones. TRUSTEE KRUPSKI.: Any other comment? TRUSTEE WENCZEL: What can I say. It is rather large. TRUSTEE GARRELL: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES.. TRUSTEE GARRELL: Motion to approve "U" shape as revised with only 12 sq.ft. TRUSTEE HOLZAPFEL: Second. ALL AYES. 9:24 P.M. - In the matter of. EN-CONSULTANTS on behalf of CHRISTIAN BURKE request a. Wetland Permit to remove and replace (IK/IP) 46 l.f. timber bulkhead. Construct a 5' extension to east side of bulkhead. Backfill with 15 c.y. of clean material to be trucked in from upland source. Construct a 3 ' X 20 ' catwalk landward of bulkhead and a 10' X 1.0' platform landward of bulkhead, construct consisting 3 ' X 28' catwalk; 3 ' X 12' ramp and 6' X 25' float. A 20' buffer area landward of bulkhead will be established where no fertilization will occur as per the Natural Resources Conservation Service. Located. 50 Goose Creek Lane, Southold. SCTM #71-1-41. TRUSTEE KRUPSKI: Is. there anyone here who wishes to speak on behalf. of this application? ROY HAJE: The property as you can see from the survey of the sketch that was prepared from the survey is. very irregular. Only a small. portion of shoreline is bulkheaded. It is from that. bulkheaded. Trustees Minutes 14 November 30, 1995 section that- we wish to construct our dock. We have placed it as far to the west as possible. That is where the water is deeper. As you. head to the east because of the configuration of. the shoreline it shallows out. We have it five feet from the property line and. have gotten a letter from the adjacent owner, which I believe is in your file, agreeing to that. We have also cantered. the float off at that angle in order to catch a 36" depth contour. The owner did order depth soundings along the base of that bulkhead. The floating dock location as is shown just about splits that 36" water depth. If you go in any distance at all you don' t have to go very far before the water shallows up quite drastically. If for example this was placed at the same distance as the. floating dock of the neighbor, which is approximately 27 ' beyond the bulkhead, it would be in water of only about 20" . I don' t really believe it would impact navigation, because it is fairly wide there. The way both shorelines curve around, this is actually parallel to the shorelines. TRUSTEE HOLZAPFEL: Roy, the length of the dock on the adjacent property you said was 281 ? MR. HAJE: The floating dock is located 27' out from the bulkhead. Here is the soundings. We took it at 5' intervals. These numbers here are the distances off the bulkhead that you have to get to that contour. TRUSTEE WENCZEL: What is with this 3 ' standard. You have to have 3 ' at low water, is that the consciences? MR. HAJE: I don't. think that. is to deep. Usually what the DEC will allow, I am not saying it should be granted where it is going to cause navigation problem, they will. usually grant 41 . TRUSTEE KRUPSKI: When we went out there we took a look at it structure wise compared to the neighbor. We try to do rule of thumb. We went out there about mid tide and there was quite a bit of water on the neighbors side. Because it is so close to the neighbors dock you can see clearly. You can see what this applicant would have. MR. HAJE: So are you saying to cut it back so that the ramp comes to that? TRUSTEE KRUPSKI: The floats will start there and then it would. go out. MR. HAJE: How far are you suggesting it go back? TRUSTEE KRUPSKI: To the neighbor. MR. HAJE: The outer corner would come out here? TRUSTEE KRUPSKI: Yes: MR. HAJE: That will be to shallow. TRUSTEE KRUPSKI: Well if it is they can come in for an amendment. TRUSTEE WENCZEL: From the bulkhead to the outside of this corner be 30. TRUSTEE KRUPSKI: An this will still be angled. out. TRUSTEE HOLZAPFEL: We are just trying to stay consistent with the other docks. TRUSTEE GARRELL: Can you sketch that in. MR. HAJE: I will sketch that in now. Instead of putting it out here, we .will put this corner on this depth contour. Out as far as this. TRUSTEE. KRUPSKI: That corner of the float will be at 2,81 .) MR. HAJE: Correct. This would be out, this is out. This puts him right about at it over here. We have to shorten this up. TRUSTEE KRUPSKI: O.K. You can give Jill a diagram tomorrow. We will say that the inside of the float will be at the face of the neighbors... Any other comment? Do I have a motion to close the hearing?. Trustees Minutes 15 November 30, 1995 TRUSTEE GARRELL: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE KRUPSKI: I will make a motion to approve the application based on the amendment diagram from the applicant showing the southwest corner of the float to be 28 ' from the bulkhead. TRUSTEE HOLZAPFEL: Second. ALL AYES. 7 : 25 P.M. - In the matter of YOUNG. & YOUNG SURVEYORS on behalf of ROBERT COADY to construct a single family dwelling and related improvements including driveway, sanitary system, Well, deck, shed, 3 ' X 110' elevated timber walkway, 3 ' X 25 ' hinged dock and a 8' X 25' floating dock. Located Southwest corner of Wilson Ave. , & Beebe Drive. ,Ext. , Cutchogue. SCTM #103-9-1. TRUSTEE KRUPSKI : Is there anyone here on behalf of this application? MR. COADY: I am here if you have any questions. TRUSTEE KRUPSKI: CAC recommends approval with. the stipulation that the applicant move walkway 15 ' from the property line and turn the floating dock straight and place haybales at the 7 ' contour. MR. ANGEL: If he moves the catwalk and. ramp over he would have to move the float over so it doesn't infringe on the marsh. MR. COADY: I don't care as long as I have enough water for a small boat. I have know problem with that. A motion was made by. TRUSTEE WENCZEL. and. seconded. by TRUSTEE GARRELL to close the hearing. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve application subject to new drawing showing dock moved 15' off property line as per CAC Comments and haybales placed as per DEC permit. ALL AYES. V. ASSESSMENTS• 1. DANIEL MOONEY request a Wetland Permit to move existing house at 480 Rabbit Lane to across the street on new foundation. Pilings and septic system will stay in place for future house.. Located 480 Rabbit Lane, East Marion. SCTM #1000-31-18-10. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE WENCZEL. to grant a negative declaration. ALL AYES. 2. In the matter of BERNHARD PEPER request Wetland Permit for existing house with attached deck and sanitary system. Also existing stone wall and concrete block walk along property as per survey dated October 7, 1995. Applicant wishes to sell house and is trying to get all permits. Located 955 Lupton Point, Mattituck. SCTM #115-11-6 . A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE GARRELL to grant a negative declaration. ALL AYES 3. JOHN DOROSKI request Wetland Permit to place stone and retaining wall on property as. per plan. Located Madison St. , Greenport. SCTM #1000-34-1-3. THIS APPLICATION SHOULD BE UNDER AMENDMENTS. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE WENCZEL to amend the. existing permit for the house construction. ALL AYES. Trustees Minutes. 16 November 3-0, 1995 4. Hepler Associates on behalf of ERNEST GAEBEL request a Wetland Permit to construct bulkhead and. rock revetment.. Located 1765 Westview Drive, Mattituck. SCTM #1.07-7-7. A motion was made by TRUSTEE KRUPSKI and. seconded. by TRUSTEE. WENCZEL. to grant a negative declaration for a rock revetment along property with a 18 ' bulkhead. with a 6' return as per, revised plans.. ALL AYES. 5. Costello Marine Contracting Corp. on behalf. of ROBERT SCHISSEL. request a Wetland Permit to reconstruct 90' timber bulkhead within 1811 , replace. 30' IK/IP, remove upper concrete retaining -wall to landfill., backfill. with. clean sand approx. 40 c.y. Located. 710 West Shore Road, Reydon Shores, Southold.. SCTM #1000-80-1-46. A motion was made by TRUSTEE WENCZEL and seconded. by TRUSTEE HOLZAPFEL to grant a negative declaration. Note: di,sturbed. area must be replanted and all pipes are to be removed. ALL AYES. VI. RESOLUTIONS.: 1. SANDFORD FREIMAN request Wetland. Permit. to extend. existing dock. by 100' making total structure 195' from bulkhead. Located 1165 Old Harbor Road, New Suffolk. SCTM #1000-117-3-8.4. After discussion a motion was made by TRUSTEE HOLZAPFEL and seconded. by TRUSTEE WENCZEL this. application. was' tabled until next month or having a full board. Ayes: Holzapfel, Wenzel, Garrell.. Abstain: Krupski 2. WILLIAM PARROT request a Grandfather Permit to reconstruct a 4' X 5 ' dock, 3' X 10 ' ramp, a 6' X 20' float,' a 60' bulkhead,' a 60' concrete wall. with 45' on south side and 15' on north side as per survey dated. August 6, 1991. Located 2435 Cedar Lane, East Marion. SCTM #1000-37-4-9. After discussion a motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KRUPSKI to table this application for further information. Need affidavit stating age of structures. ALL AYES. VII. MOORINGS• 1. Craig Jobes request duck blind in Richmond Creek with public access as per DEC. A. motion was made by TRUSTEE. KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve. ALL AYES. 2. James Andrews request duck blind in West Creek with public access, Meadow Lane. Blind is more than 500' from other blinds.. A motion. was: made by TRUSTEE KRUPSKI and seconded by TRUSTEE. HOLZAPFEL to approve.. ALL AYES. 3. Edward Tashjian request fore and aft mooring in East Creek, public access. O.K. per Bay Constable. A motion. was made by TRUSTEE KRUPSKI and, seconded by TRUSTEE` HOLZAPFEL. to approve. ALL AYES.. Meeting adjourned: 10:30 P.M. Trustees Minutes 17 November 30, 19-95 R spectfully Submitted By: ill M. Doherty Clerk Trustees oard of Lakeview Terrace Load Association P.O. Box 357 East Marion, NY 11939 QXvember 03, 1995 ,. Board of Southold Town Trustees Town Hall - Main Road i, :', NOV 6 Southold; -NY 11971 ..',.� _" 'Re•" e� 1�lit Application Daniel C. Mooney Rabbit Lane, East Marion Dear Members of the Board of Trustees: The Lakeview Terrace Road Association wishes to express a grave con- cern regarding the -Wetland Permit Application of Daniel C. Mooney and its impact upon us and Marion Lake itself. It was noted to the question WILL PROPOSED ACTION AFFECT SURFACE OR GROUNDWATER QUALITY OR QUANTITY? that the applicant responded in the negative. As lay people, it is difficult for us to comprehend how human waste and non-regulated materials are discharged into a septic system which virtually lies in the water table cannot have an impact upon our drinking water supply, the water supply of many Rabbit Lane homeowners whose own wellpoint is located 30' from the lake northeast of the Bay Avenue bridge, and the lake. Each of the wells in the homes surrounding the lake first strike water at the level of the lake, 15' , 20' , what- ever. There is a connection. Is there substantial evidence to alleviate our fears and concerns for the possible spread of .disease, such as hepa- titis, which may be included in the human excrement directly entering the water table through the septic system, especially during times of: flood? What of carcinogenic materials and poisons thrown down the toi lets of these low level lying homes? What of an oil spill which has only 4' to go from ground to water table on Rabbit Lane.? This is not a per- functory matter and should not be treated as such. The. Rabbit Lane plots lie so close to the water level of the lake and high tide bay level, including Mr. Mooney's, that neither a shallow or deep well nor a cesspool are feasible. It is an area of exceptions which could .have a serious impact on others and not on the Rabbit Lane people..- We are concerned there is nothing in writing to indicate the proposed supplier of water would .do so. At least one Rabbit Lane area resident has been turned down. At the September 23, 1986 work session of the Town Board, the Super- intendent of Highways reported the Bay Avenue Bridge was in poor con- dition, especially the southwest pier, as a result of deterioration due to age and overloading through the years. The Town Board on that date Page 2 - Daniel Mooney Wetland Permit Application approved the erection of a 8 TON LIMIT sign and its enforcement. Since 1986, the bumps across Bay Avenue at the extremities of the bridge have- . deepened and they are not man-made. Members of our association are con- cerned about the relationship between the bridge and the listed applica- tion activities and equipment:- back hoe, payloader, septic system ma- terials, foundation material, 85 cubic yards of fill, and house moving equipment. An accident on the bridge or the failure of same could seri- ous personal injury even death and could have a disasterous impact upon " the lake and its wildlife. We do not believe this was mentioned or con- sidered at either at the public hearing or in the application. We are concerned the lake's sandbar, approximately 90' north of the proposed house relocation, has grown dramatically in the past 10 years. At one time during storms, salt water and debris entered the lake almost solely via the foot of Bay Avenue. Now, it is common for many places on. the bay side of Rabbit Lane to be breached. Do the berms add to the debris which enters the lake during flood times and settle in the sand bar area? What is the result of the flooding on the contents of the sep- tic systems, a flushing action, on the water table which. is used for a supply of drinking water for not only us, but Truman Path to Old Orchard Lane, a wide area? Concerned? Yes! As a result of the Dowd water supply project, the entire run-off of both sides of Bay Avenue run directly into the lake from the bridge. As of September 03, 1986, the water opening width under the bridge had been reduced from 1216" to 616' . It is even less today. Naturally, the depth of water under the bridge has been greatly reduced and is impeding the flow of water between the lakes. Phragmit:es are growing in profusion, j not only in the vicinity of the bridge, but the perimeter of the lake including the east and west sides. As lay people, we look upon the sit- uation as a lake under severe stress. The wildlife - the reduction of numbers of muskrats - the absence of black duck broods for the past 10- 15 years - poor fishing for the osprey - could be indicators of a lake under.stress. The excrement from 2 to 10 swans, as many as 100 Canada i geese, and countless gulls does not enhance the situation. Our concern I is the big picture and the impact of the Mooney application on that pic- ture. i Your taking into consideration the foregoing factors as related to the Daniel C. Mooney Wetlands Permit Application and our concerns will be deeply appreciated. Sincerely yours, Frank Heroy, Secr ary cc: Southold Town Board Superintendent of Highways Department of Environmental Conservation - State and Region One Suffolk County Board of Health Gardiners Bay Estates Association _ Residents of Truman Path, East Marion Cozee Cove, Bay Avenue, East Marion Other Residents Whose Property Abuts Marion Lake - West and North