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HomeMy WebLinkAboutTR-07/27/1995 ��g�FFO(,rc Albert J. Krupski,President �Q 4G Town Hall John Holzapfel, Vice President yl 53095 Main Road William G. Albertson C P.O. Box 1179 Martin H. Garrell O Southold, New York 11971 Peter Wenczel y�Ipl �.��� Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD U �� �7. 199S PRESENT WERE: Albert J.KRUPSKI, Jr. , President John Holzapfel, Vice-President Peter Wenczel, Member William G. Albertson, Member Martin H. Garrell, Member Jill M. Doherty, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, August 31, 1995 at 7PM WORKSESSION: 6:00 PM NEXT FIELD INSPECTION: Wednesday, August 23, 1995 at 12 noon APPROVE MINUTES: Approve minutes of June 29, 1995 regular meeting. I . MONTHLY REPORT: Trustees monthly report for June 1995 : A check for $4,903 .75 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. THEODORE PETIKAS request amendment to permit #4366 to have a 6 ' high fence for the length of the house leading to a 4 ' high fence to the road as per plan dated 8-22-9.4. Located Soundview Ave. , Southold. SCTM #135-1-27. A motion made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve the above amendment. ALL AYES. 2. Proper-T Permit Services on behalf of RICHARD PRIETO request an extension of 90 days to September 30, 1995 to pay the permit fees for permit #4423 for a dock. Located 2750 Minnehaha Blvd. , Southold. SCTM #87-3-44. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE ALBERTSON to grant one extension. ALL AYES. Board of Trustees 2 July 27, 1995 3. En-Consultants on behalf of BARBARA CIEPLINSKI request an amendment to permit #4245 to decrease the size of the dock as follows: construct a combination upland fixed walk and fixed pier extending into the waterway whose overall dimensions will be 4' X 1861 . A 32" X 16' ramp will be attached to' the outer end of the fixed pier and will rest upon a 6' X 10' float secured by (1) 2-pile dolphin. A second float whose dimensions are 6 ' X 20' will extend southward off the first float and will also be secured by (1) 2-pile dolphin. Located Orchard Lane, Southold. SCTM #89-3-9. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE WENCZEL to grant the amendment and give refund. ALL AYES. 4. MARY L. BAIZ request an amendment to permit #4249 to reconstruct fence on property and add 14' chain link on top jetty and post property. Located Bay Home Road, Southold. SCTM #56-5-1. 2 & 2. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE WENCZEL to grant an amendment to add a split rail fence 14' in length on the jetty and a chain link up land. ALL AYES. 5. RUSSELL E. MANN request an amendment to permit #4457 to include dredging on the south side of the dock to a depth of 4' and 10 ' to the north of the dock. Located 1775 Calves Neck Road, Southold. SCTM #70-4-48. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to grant the amendment to permit #4457. AYES: Holzapfel, Albertson, Krupski, Garrell. ABSTAINED: Wenczel. 6.. Glenn Just on behalf of LOUIS M. BACON request a waiver from Condition #6 on all permits that have been approved (#' s 4475,4422,4381,4365,4346) and all permits that will be approved in the future. This condition states that "there shall be no interference. with the right of the public to pass and repass along the beach between high and low watermarks". As Mr. Bacon has the rights to the underwater lands around the island, he would like the permits to state that there is no right for the general public to .trespass on Robins Island, nor to interfere with. the riparian and littoral rights of the applicant, nor impair any rights, title or interest in the real or personal property held or vested by the applicant. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE GARRELL to exempt condition number 6 on all permits related to Robins Island as they own the under water land around the Island. (Board did not grant waiver on putting any additional wording on the permits) . ALL AYES. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to amend permit #4422 to add a duck blind in pond area. 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 Board of Trustees 3 July 27, 1995 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 Don Feiler on behalf of ARTHUR AXBERG,JR. request a Wetland Permit to construct a 60+/- ' timber bulkhead 219" in front of existing bulkhead with a 4' return on the east side tying into a 106 ' retaining wall running along property line as per plans dated 7/22/95. Located Camp Mineola Road, Mattituck. SCTM #123-5-34. TAPE INAUDIBLE AT BEGINNING OF PUBLIC HEARING. Mr. Axberg spoke to say he is there if there are any questions. Mr. Lynch spoke in favor of the project. Mr. Corwin spoke to say that he feels if the project where to, be constructed it would cause erosion on his property and that he had submitted letters stating same, one from him and one from an Engineer from Young and Young. Also has pictures. MR. AXBERG: There is presently a jog. Do you see right there? I think Mike (Mr. Corwin) was saying that that. causes erosion because there is a jog corner. That water comes. in there and running down. If you go around my house where I have a foundation and around my chimney there has never been on bit of erosion. I have erosion back here because the back part of my house is only on piles and the water just goes under it. But all around this house there has never been any erosion. I defy with me trying to give him the ability to have the water roll across my property, which I agree to. I have agreed to curb and grade, to grade up here towards the back, put the pebbles in here. I don't know what more I can do. The letter that he is referring to, if it is the man from Young and Young, The gentlemen from Young & Young makes no. . .matter of fact I don't think he even came down to, the property. I think they did this with a visit in their office. They charged Mr. Corwin nothing and I don't think they work for nothing to do a real study. They couldn't have done a study. I would like to stop this. I don't know what more I can do. Mr. Schiedler, who is here, has done this and there is not runoff over Mr. Brendel's property. There is nothing causing them a problem. TRUSTEE KRUPSKI: Would anyone else like to comment? MR. CORWIN: Regarding the Schiedler property to the Brendel property, you have the high bulkhead starting with Mr. Brendel' s property, it runs to the west. The low bulkheads run from Mr. Axberg's property to the east. I have pictures to show the low bulkheads all the way to the east. With the exception of a bulkhead failure, back in 851 , there has been basically no erosion, no problems, behind the lower bulkheads. For almost each and every storm we have had with high winds and high tides, where the wind blows out of the east, behind the bulkheads that Board of Trustees 4 July 27, 1995 have been raised. I have pictures showing the erosion that takes place with the high water, the winds, the high waves. The land that Mr. schiedler filled in to the west of Mr. Brendel's property. The land with the way it is presently configured with the low bulkhead, the water runs across my property, runs across Mr. Axberg's property, runs across Mr. Brendel' s property then on down into the back.. The high bulkhead starts with Mr. Brendel' s property. The water that is coming across this way flows to the back. If Mr. Axberg gets approval to build this return and then this wall, that is not going to happen any more. That is going to skew the water down my property. It is going to make it quite a force. There is only 1015" between his property line and the corner of my house. That is not the same situation that exist between Mr. Brendel and Mr. Schiedler's property. So there. is no comparison to that at all. TRUSTEE KRUPSKI: Thank you. MR. AXBERG: I don' t understand. That is his old bulkhead. It was the same level as. mine. Here is his new bulkhead and it is now 6" higher. He put a new bulkhead in, but he raised his. How does he get the right to raise and then he can tell everybody else now what to do. .He raised his bulkhead 611. This is getting. . . TRUSTEE KRUPSKI: Thanks. Do we have CAC comments? Recommend a approval to the renovation of the house. Recommend approval with previsions of the bulkhead to be replaced within 18". It can be higher to match the neighbor to the west. That is the comments from the Conservation Advisory Council. The letter from Young & Young states: Dear Mr. Corwin: Please be advised that we .concur with your concerns about the increased potential for erosion and storm damaged to occur on your property as a result of proposed alterations of bulkheading and placement of fill and construction of retaining walls on the adjacent lot. Based on your verbal and written descriptions, we understand that the owner of the adjacent lot to the west of your property proposed to construct new bulkheading, place fill and raise the existing house. We understand further that the top of the new bulkheading will be. approximately 20" higher than the existing bulkhead and that a wood retaining wall will be constructed on the east side of the raised structure to contain the required filled material. Coastal erosion processes are extremely complex and the design of the marine structures are by no means an exact science. However the proper design of any new marine structure must carefully consider the potential for adverse impact on surrounding properties. If you have any additional questions regarding this matter, please do not hesitate to call me. Yours very truly yours, Tom Wolpert, P.E. Did Mr. Wolpert .visit .the site? MR. CORWIN: I honestly do not know. MR. AXBERG: I do no. He did not. TRUSTEE KRUPSKI: O.K. I just wanted to read that into the regard. Does the Board have any comments on this? TRUSTEE CARRELL: What would happen if you left the low bulkhead? MR. AXBERG: I just want to raise to the height of my neighbor. I am the lowest bulkhead there. Board of Trustees 5 July 27, 1995 TRUSTEE KRUPSKI: He is the lowest bulkhead there. His bulkhead is in need of replacement. This bulkhead takes out the jog that has been causing some erosion of the corner of the property also. Any other comment from the Board. TRUSTEE GARRELL: It really sounds like a case of your engineer vs. my engineer? TRUSTEE KRUPSKI: No, what it comes down to is the fact that the Board has been down there at least twice, I have been down there three times. We held it up originally the plans weren't complete. We didn't know about the retaining wall or the fill placement. So we held it up for that material- to be submitted. We met on the site we had a DEC representative there. We incorporated what we do on any new bulkhead or retaining wall replacement. The gravel buffer area between the lawn and the bulkhead. We tried to address the concerns of Mr. Corwin.. Does anyone have any other comment. If not I will move to close the hearing. TRUSTEE ALBERTSON: Second. AYES: Krupski, Albertson, Holzapfel, Wenczel. ABSTAIN: Garrell. TRUSTEE KRUPSKI: Based on three field inspections and numerous conversations about this with the applicant, with the contractor, with the DEC who has already issued a permit, with the neighbors, with the testimony of the neighbors who came here tonight and others that we met on the site, I will make a motion for approval of the plan because I don't agree with Mr. Corwin's concerns about water eroding his house in a storm event. From our experience, we looked at this very carefully with that in mind, we did not see, the DEC representative did not see, the CAC did not see that any additional erosion can take place because of the structure and because of the structure and because of his activity. That was one of our main concerns. I will make a motion to approve this as amended. TRUSTEE HOLZAPFEL: Second. AYES: Krupski, Holzapfel, Albertson, Wenczel. ABSTAIN: Garrell. 7:16 p.m. - In the matter of Don Cocks on behalf of MATT-A-MAR MARINA request a Wetland Permit to install a 3 ' X 20' catwalk, a 3 ' X 20 ' ramp, (3) 6' X 22' floats to be positioned in a direction parallel to the shoreline in the lift pit area on the south side of the property for the purpose of launching kayaks. Located Wickham Ave. , Mattituck. SCTM #114-3-1. Due to applicant withdrawing applicant, the public hearing will not be held. 7:46 p.m. - In the matter of En-Consultants on behalf of DR. SELIM SAMAAN request a Wetland Permit to remove debris from face of bluff and construct at toe 190+/- l.f. retaining wall and (2) 8 l.f. returns. Restore bluff with approximately 500 c.y.' of clean sand and place 2 ' thick layer of 12" - 18" quarry stone on filter cloth between retaining wall and existing timber bulkhead. Located 4875 Nassau Point Road, Cutchogue. SCTM #11-9-10. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of Dr. Samaan? Board of Trustees 6 July 27, 1995 ROB HERMAN: Rob Herman, En-Consultants. The Samaan project is basically to take back the bluff. Clean it up, place sand. Jill had called me that you had some inquiry regarding planting plans. I am submitting these as revised plans. TRUSTEE KRUPSKI: That bluff is really unstable. ROB HERMAN: Yes. They want to stabilize it with the structure. Tom Samuels had intended to do it with beach grass. But speaking with him and Roy we thought that using Rosa Rogosa and this other one this is a favorite of the Soil Conservation Service, . .Locust. TRUSTEE KRUPSKI: That won't grow. ROB HERMAN: Whatever the Board might recommend. TRUSTEE KRUPSKI: My only concern there that it is incredibly. steep. Your planting plan here doesn't show an accurate slope. Maybe after filling it will. Maybe after filling it will be more like this. ROB HERMAN: The problem with that is it is the same thing that we. are going to run into with Turnbull, is that the slope that are steep like that is that it is hard to- find a surveyor that will go out and do a real topo. They don't want to go tumbling down the cliff. . Without spending thousands of dollars, it is hard to convince anyone to do it. So we have to give you a rough estimate with the idea that the contractor will do it accordingly. TRUSTEE KRUPSKI: I don't think we have a problem with the project. We have approved the same kind of the projects on the point before. We just wanted to make sure that there is going to be adequate planting. There is a swale going down to the little deck. There going to have to put in drywells on the house. Maybe build up something that will slow the force of the water coming down that swale. That must be contributing to the erosion down to the face of the bluff from the top. I don't know if you noticed that. ROB HERMAN: I think from talking to Tom, I think that is originally why they had that retaining wall where it was, but that didn't hold up. As you can see in the photo' s TRUSTEE KRUPSKI: Is there anyone else who has any comments? TRUSTEE WENCZEL: Are there bulkheads on either side of this Al? TRUSTEE KRUPSKI: Yes there is. TRUSTEE WENCZEL: Do these neighbors have the same problem? TRUSTEE KRUPSKI : I don't think it is severe. This is one of the more unstable bluffs. When. you go to the north the bluff does get shorter. It. probably is less steep. Going to the south, the Baxter bluff, is not as unstable. It is not great, but it is not nearly as unstable as this bluff. TRUSTEE WENCZEL: Is this likely to impact either one of these property owners? TRUSTEE KRUPSKI: No'. not at all. TRUSTEE HOLZAPFEL: I make a motion to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: I make a motion to approve the application provided that the planting plan is adhere to and that the house has drywells installed and that you contact the Natural Resource Service and that you install some sort of water control devise Board of Trustees 7 July 27, 1995 from the house to the top of the bluff to contain the water from going over the bluff. TRUSTEE HOLZAPFEL: Second. ALL AYES. 8:00 p.m. - In the matter of MARTIN J. BANCROFT,Jr. request a Wetland Permit to enlarge/enhance an existing freshwater pond in width. Located North East Corner of Narrow River Road and Platt Road, Orient. SCTM #27-2-2.3. TRUSTEE KR.UPSKI: I.s there anyone here who would like to speak in favor or against the application? CLERK: We spoke to Mr. Bancroft and he agreed to do the 20-25 ' buffer on the north side of the pond. TRUSTEE KRUPSKI: My concern was that he sent us the survey of the pond and then he sent us a drawing and it was kind of a crude of what he wanted to do. He has a large piece of property and it is more or less good enough. My concern was that he didn't leave enough land on the north side of the property so that he could get in here and maintain it and so it is not going to impact the neighbor. It was unclear on the plan how close it was to the property line. I just want to put that as a condition that he leaves' at least 25' from the top of the bank to the property line. I will make a motion, if there isn't any other comment, to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I make a motion -that we approve the application of Martin Bancroft with the condition of the 25' side line. ALL AYES. 8: 01 p.m. - In the matter of En-Consultants on behalf of BORIS GRZIC request a Wetland Permit to construct 4' wide stairs from top of bluff down to beach with a series of platforms. Located 16125 Soundview Ave. , Southold. SCTM #50-2-19. TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of Mr. Grzic? ROB HERMAN: We did speak to Van Tuyl and express Peter's concerns and he said no way, he couldn't do it. We tried to grossly depict what Peter describe as the sudden drop. Perhaps the idea here, instead of having stairs going all the way straight out from the .crest, to maybe turn the stairs parallel down to platform to platform and then at the bottom go out. It may not be exactly as depicted, but that would be the general. idea. Somebody is going to have to go out there and build. TRUSTEE KRUPSKI: Is there anyone else here who would like to speak for or against this project. TRUSTEE WENCZEL: One thing we where concerned on this is where it ended up in relationship to the toe of the bluff. ROB HERMAN: O.K. TRUSTEE KRUPSKI: CAC recommended approval with stipulation. #1 keep all construction including the septic system over 100 ' landward of the Coastal Erosion Hazard Line. Anything past the coastal erosion line is out of our jurisdiction. The septic system is out of our jurisdiction. TRUSTEE HOLZAPFEL: You (CAC) could make a note to the ZBA. TRUSTEE KRUPSKI: The stairs themselves are. exempt from the CEHA. Board of Trustees 8 July 27, 1995 #2. be sure the stairs end at the toe of the bluff. which is our .concern. #3 elevate the stairs 3 ' above the slope of the bluff. I.s there any other comment from the board? TRUSTEE HOLZAPFEL: How are we determining how far the stairs are going out, Rob? ROB HERMAN: He is not going to construct more stairs .from the bottom that are necessary. Unless .you want to say that you don't want stairs more then 6 ' from the toe of the bluff. That would make sense. TRUSTEE HOLZAPFEL: Motion to close the hearing. TRUSTEE GARRELL: Second. ALL AYES. TRUSTEE HOLZAPFEL: I make a motion to approve the application of BORIS GRZIC with the stipulation that the stairs end up no more than 8' from the toe of the bluff. TRUSTEE ALBERTSON: Second. ALL AYES. 8: 07 p.m. - In the matter of ROBERT SIMON request a Wetland Permit to construct a 23 ' X 32" garage on westerly portion of property with an access bridge across wetland area approx. 10' wide and 50' long raised 8' above wetland supported by concrete piers on each end as per revised plans dated June 22, 1995. Located 379 Wood Lane, Peconic. SCTM #86-6-3.1.. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? MR. SIMON: I think I have been here the last couple of months. Nothing has changed in terms of the plans. I would like to address just a couple of items that have surfaced in the last month or so. The first one has nothing to do with the permit itself or this agency, but I think in good faith I have address the problems that where brought up at the first meeting in terms- of the Building Dept. renewals and so on. Everything on their end has .been completed. I am waiting for a C.O. Before that can be granted the Suffolk County Dept. of Health, I waiting for them to make a decision on the water quality as of next week. Other then that we are up to date on the concerns that where raised at that first meeting. After the last meeting I had ,a brief meeting with Mr. Samuels regarding engineering. The following day I called the company to check. They gave me a name of an engineer that they have dealt with in the past, which I contacted. It is all so ludicrous to develope engineering plans for something that has not been approved. It also would require some test borings for the area. I am not permitted to any excavation. The. . . by both parties was that nothing changes as far as the structure above grade. The bridge is the same bridge regardless what it takes to support it. The structure for the abutment, nothing changes. For example, Mr. Samuels was questioning things like the size of the rebar and whether the footings had to be this big or this big. That is all in the ground or inside the concrete, that is the exactly the same size as the post. Does that make sense? So, the question was why spend several thousand dollars if it is not going to be approved. Once it is approved that is a Building Department matter also. They are the ones that ultimately determine whether structurally it is going to stand up. The third thing is a Board of Trustees 9 July 27, 1995 right-of-way access that is on my property, that is part of my property and that is listed as my property. I.t is a thirty foot right-of-way. I checked with the Town Attorney, I think you people also did. She said really it is out of her jurisdiction. The definition of the right-of-way in Websters it says a legal right of passage over another persons property. Which is really what this is. The Covenant and Restriction that Mr. Bowmans attorney has referred to says no dwelling or structure shall. be erected .or placed nearer. than 40 ' from a front lot line or road line. In the Town Attorneys opinion, a right-of-way. . .on the other side of the property there is a LILCO right-.of-way, that is a right-of-way also. It is not a road line.. She says that the Town does not enforce that Covenant and Restriction. That it can only be enforced by a court order. I would be willing to move the bridge without any problem as far as width or length, everything would remain exactly the same, 25' to the north. Which would put it more than 40' from the right-of-way. The problem is it would devastate a number of trees. Which I am hoping to save. There would be at least six trees that I would have to disappear. In- the location was selected, nothing in consequence would have to come down. TRUSTEE KRUPSKI: Thank you. Is there anyone here who would like to speak in favor of the applicant? Is there anyone here who would like to speak against the application? MRS. KULL: Can you read the letter from Marylou Foltz, because that is our objection? Frank will speak after that. TRUSTEE KRUPSKI: O.K. (See attached letter that Trustee Krupski read for the record) . MR. KULL: I am Frank Kull. My property line borders this. At the last meeting I asked about oil and gas dripping through the bridge and I was told to worry about my drippings in my car, in my garage. I think that was a very pour answer. He called that a family feud. I have only talked to Simon .4 or 5 times in my life. This bridge here, everything is approximately. Approximately 101 ,51 . There is no inches feet or what. When you build .a building you go by the inches, half inches what have you. I can't see you even giving him a permit, unless you have the full facts of width, sizes what. have you, engineering and everything else. It is bad enough that it is approximately you are, going to put the boards inch, half inch. There is no specifications on it. Plus you are going to cut the bridge in half to get the thing in, I understand. How are you going. to weld it? Is it going to have any strength? Is anybody checked into that? Last meeting I believe you approach Mr. Simon and he said the fire department has taken care of all this. I. talked to a commissioner last week, he never heard about the bridge or nothing. He is 100o involved, where there is a proposed garage there. Where there is going to be vehicle's, gas and oil. He has got to know if he can get an emergency vehicle or an ambulance over that bridge. Like I said, everything was supposed to be taken care of and he didn't even hear a thing. The firemen have nothing to do with it. It is the commissioners that rule on this. With this new proposed plan you have here. I imagined that Board of Trustees 10 July 27, 1995 you all looked at it. Can you find anything wrong with it? Well there is one thing wrong with it. If you go by the scale of this bridge and garage, you will end up in Cutchogue some where. It is not done professionally. I can't figure that out. The scale is way out of wack. With this garage, if you go by his scale that garage is going to be 3/4 of a foot by line. I_ don't think that is legal with the Town. On the plan. it shows that it is parallel with the property line. It is on an angle. The way I look at it one corner is 6 ' the other part of the garage would be approximately 151 . According to that plan you got it is parallel- There has to be a reason. TRUSTEE HOLZAPFEL: I am not sure. . .the survey? MR. KULL: I have the plan here. TRUSTEE HOLZAPFEL: I am not sure what plan. MR. KULL: If. you go by this scale. . . TRUSTEE WENCZEL: That is a separate sheet. That is not the scale. TRUSTEE HOLZAPFEL: You only have this much of the survey. This is .l"=50' . The Trustees didn't give that to me. I asked for it. TRUSTEE KRUPSKI: This has been in the file since June 28, 1995. Public record, for everyone to come and look at it. MR. KULL: I asked for it and this is what they gave me. TRUSTEE KRUPSKI: One day short of one month, it has been in the file. MR. KULL: How many feet does this have to be from the line? TRUSTEE KRUPSKI: A lot of these issues that you are bringing up, that is not our jurisdiction. People can't come to us and have us answer zoning questions, deed restrictions, construction standards. Because we are the Board of Trustees and we handle the environmental review for the Town. We don't, do the work for the Building Department. There is separate Building Department. There is a separate Zoning Board of Appeals. They do there own work and we do our own review and it is separate. We don't do the review for other Boards. You might as well abolish all the Boards, if we are going to do the work for them. - MR. KULL: I totally understand. Now putting this garage up. The wetlands right around it. I would think this would fall on your approval or not. TRUSTEE KRUPSKI: That is correct. That is why you are here. That is why he is here. MR. KULL: I feel it is wrong. If you approve it, he can put the garage any where he pleases? TRUSTEE KRUPSKI: No. They can only put it where they apply to put it. MR. KULL: Suppose there is not enough room and they can't put it? TRUSTEE KRUPSKI: They have to put it where they apply to put it. TRUSTEE HOLZAPFEL: What you are saying is that if they go to the Zoning Board, then they would have to come back to us and we would have to re-look at the situation. That is what happens. TRUSTEE KRUPSKI: If the Building Department denies them the bridge because it is unsafe, if they deny the garage for any reason it has nothing to do with us and he is not going to to it. If they approve the bridge or the garage in any other form, then they have to come back to us for an amendment. They have to come Board of Trustees - 11 July 27, 1995 back to the DEC for an amendment. They can't just go ahead and do what they want. This is standard. MR. KULL: This still involves everybody else. TRUSTEE KRUPSKI: The bureaucratic process. . . TRUSTEE HOLZAPFEL: At this point the only thing we are looking at is what we have been given. MR. KULL: Here is another thing. Is the Army Corp. of Engineers going to be involved in this also? TRUSTEE HOLZAPFEL: We got a letter saying they should be involved. MR. KULL_: I have talked to them. They will be involved. They are concerned about the wetlands too. That is what I am concerned .about. It is totally wrong. It will devalue all our properties around there. I am totally against it and all my neighbors are totally against it too. TRUSTEE GARRELL: I see three good points that should be addressed. One is the spoil site. TRUSTEE KRUPSKI: It is addressed. TRUSTEE GARRELL., O.K. The second one is the detailed drawings of the abutments and the third one was question about the professional engineer drawing of. the plans. As to who plans those are. TRUSTEE WENCZEL: That is building department, isn't it? That particular aspect. TRUSTEE GARRELL: . . .You can come before us with a stairs with a drawing but if you- come before us with a bridge, I want to see detailed drawings. TRUSTEE KRUPSKI: I disagree with you Marty. When we have an application for a house, we don't asked for a set of stamped plans. Suppose the house falls down. And that is a house. Someone `is going to live in everyday. It can burn down, it could flood. The windows could fall out. Anything can happen. TRUSTEE GARRELL: It is where that bridge sits on the property lines. TRUSTEE KRUPSKI: I disagree, because than we are going to get, into construction standards for everything. That is the building departments job. And they are doing t ere job. I' don't how the rest of the board feels. I don't wantX do the Building Departments job. MR. KULL.: This thing is supposed to be delivered in thirty days. TRUSTEE KRUPSKI: That is up to him. They can deliver it tomorrow. That has nothing to do with us. MR. KULL: That is going to be another eye sore. TRUSTEE KRUPSKI: We don't have anything to do with it. They can deliver anything to his house. MR. KULL: Thank you. TRUSTEE WENCZEL: I have a comment. Just going back to Marty' s discussion. I don't think that we are in the business of approving or disapproving based on engineering data. But I do think we need what I requested and what the board requested. To have those abutments drawn in on the survey. Everything that goes with the bridge drawn in on the survey. TRUSTEE KRUPSKI: I agree with Peter. Any other comment? Yes. Board of Trustees 12 July 27, 1995 Dr. Samuels: I briefly discussed this with Mr. Simon at the last meeting. If you recall you recently issued a permit for rebuilding the bridge over Bridge Lane in Cutchogue. The principle concern was the fire district. The concerns are of everybody. I don't believe that you can build these abutments ! without driving piling. For the tonnage that is going to potentially be supported. If you are driving piling that there has to be some impact to the wetlands. I would think, now maybe its not an irreversible impact, but it is something to consider. I think you really, in his best interest, he could be getting into a can of worms. That is not my concern either and I am not looking to be the contractor. I don't understand how you can build bridge abutments, without borings. The contractor that is going to build it is assuming a tremendous liability if he procedures. In my assumption, therefore is, and I might add, you did not need a building permit to build a bridge on Bridge Lane. TRUSTEE HOLZAPFEL: Tom, just as a point, you where replacing what was there. TOM SAMUELS: Correct. But nobody looked over those P.E. plans' Except the DEC, yourselves and the fire commissioners in Cutchogue. TRUSTEE KRUPSKI: So doq think for every structure that we approve then we should get a licensed engineer to have them stamped? TOM SAMUELS: .There are critical structures where there is a tremendous liability. TRUSTEE'KRUPSKI: But they are all critical. . If someone is going to be on them or if they are stabilizing some ones property. They are all critical. TOM SAMUELS: You can assume. . . TRUSTEE KRUPSKI: We can't assume anything. TOM SAMUELS: The average dock would take a jeep. The contractors build that would resist ice damage in the Winter time. That is' there reputation. The reputation that I seek is one that my structures aren't going to lift or if they lift they are going to be easily repaired, etc. You are dealing with something entirely different here. It would seem to me and it would seem to me in_ Mr., Simons best interest as I told him very briefly, ;I would no.t except the manufacturer of the span specifications if I where the homeowner. I know I won' t as a contractor, because he is trying to sell his spans. The key to the bridge is the abutments. It will work if the abutments don'.t settle. If the the abutments are a problem, the bridge is a problem. And Mr. Simon is out a ton of money. Difficult. to rectify. You would have to wreck the abutments, which is no easy task, drive piling and re-pour them. That is the only point I am making. I understand that you do not want to invade the territory of the ZBA 'and the Building Dept. and the Planning Board and what ever. It is a justified concern and I understand your position. I have no pier in respect for the Trustees. I. fought for you and I will continue to fight for you as long as I draw breath. I think it is one of the best bodies of the Town. I think in the applicants best interest, in the Towns best interest and in your best interest, you ought to have a sealed set of plans. Its no big deal. (changed tape, first part inaudible) That is not a real Board of Trustees 13 July 27, 1995 burden. It would seem to me in the absence of .borings and the absence of .capacities that are going to be on these abutments, that there is a problem. That is the only point I am making. The other point is, as you know I have been before you many times; before. . I do believe there should be construction standards that .you approve. There are derelict structures all over the Town.' I looked at one the other day. I looked at one the other day in Fleets Neck. It is a disaster. It has been allowed to go to Bell and you don't have any rights that I know of other then to rescind the permit to correct an apparition. 'I believe and I told the same thing to Southampton and East Hampton, no you don't need P.E. plans for a floating dock, but on scale of values you should be prudent in what you are permitting. If something is obviously not going to work and you know you are: going .to have something that nobody is going to clean up, lets look back at some of the seems that we have had. In New Suffolk with the barge that sunk at the mouth of School House Creek, irreversible problem unless the Corp. of Engineers is going to spend half a million dollars. Sterling Harbor, remember the expense there with derelict structures. It just seems prudent management to have some details. I know you are not prepared get into hiring an engineer, because the Town probably wouldn't fund it. The DEC doesn't do it. They should. On bridges they require a sealed set of plans. To the best of my. knowledge I would dare submit a project without it. I don't want the liability. I don't think Mr. Simon should except the liability. Regardless of the what the other problems are it is imprudent to approve something with out knowing what is being built. I am not an advisory of Mr. Simon. I just think he has to know where. he is coming from. I think the expense is greater than he anticipates because from what I know from the area it is essential that you drive piles. The piles are going to have to be driven to at least 20 ton capacity for the abutments. TRUSTEE WENCZEL: How deep is that? Approximately. TOM SAMUELS: Probably 20' piles. It is no big deal. It is not - a tremendous expense. TRUSTEE WENCZEL: 20 ' below the surface? _TOM SAMUELS: That is a guess. Absent borings, I can' t tell you. TRUSTEE WENCZEL: O.K. Thanks. Mr. Simon I have a question for , you. This is slightly off from Mr. Samuels comments where. How do you propose to construct the abutment on the other side of the wetlands. I mean how are you going to get the concrete. . . ' MR. SIMON: Concrete bump. I have several contractors estimates right' here. It is 45' from the edge of boom. The concrete bumps capable of going to 901 . To address Mr. Samuels. comments. I will go for the engineers expense, but not with the idea that once 'I go through the expense then you are going to turn me down. The bridge does come from reputable company that have installed. over 5000. It does come from P.E. approval from N.Y. State. They sent preliminary plans. Once you order it, once you commit the dollars, they forward the professional stuff. 12' from one of the abutments there was a well drilled. I have that in terms of the calibrated what the loam, sand, gravel. . . I can't go there and do_ any borings or any thing. I am putting the cards on the Board of Trustees 14 July 27, 1995 i table. I. have been in trouble for crossing my ditch to the other side. It is my property, but I am not technically supposed to be on it. TRUSTEE WENCZEL: Have you considered having to drive spiles for the abutments? MR. SIMON: That would not be a problem. I don't believe that 'it would be necessary, because the ground in the entire area is pretty substantial. TRUSTEE WENCZEL: Has the bridge company considered that? Havel you discussed that with them? I am just curious. MR. SIMON: Yes. They said in the worst case scenario that would be necessary. TRUSTEE KRUPSKI.: In other words, and this is really going to far. TRUSTEE WENCZEL: I don't think so. What if the man has to bring spile driving equipment across the wetlands to build the bridge. TRUSTEE KRUPSKI : We would have to consider that in an amendment. TRUSTEE WENCZEL: Right, exactly. - ' TRUSTEE KRUPSKI: As far as the licensed plans, it is Mr. Simons property and he has rights to assume any risked that he wants to assume on his property. MR. SAMUELS: We have built approximately 15 bridges across wetlands or construction of homes in the Hamptons. In every case we need a Trustees Permit and in every case we needed a Tidal Wetlands Permit and in every case we needed Village Permits. And in every single case you have to know what the abutments are. The bridge is nothing. It is a calculation with a computer. We built the bridge on Montauk highway for the Shinnecock Open: Again, you can buy these spans, no problem. But what was the key? The abutments. Suffolk County DPW drew up the plans for the abutments. There where no filed reports for those abutments. However, the elevation of that bridge. is plus 56 of mean sea level. It was 150 ' long. The abutments are the key. If I where advising Mr. Simon, I would say don't proceed unless you know what the abutments are going to cost you. For them to say to you , we are not going- to design your abutments unless you buy the bridge. ... MR. SIMON: If I said that I think you missed construed. The bridge is certified by the company. They had recommended to me. . . TOM SAMUELS: That the spans will hold the distance you want to travel. I .understand that. MR. SIMON: Donald B. . .they recommended that has done their bridges in the past in Nassau, Suffolk and Queens areas. TOM SAMUELS: Then he should come out, look at the site and do , borings with a 2" orga. You don't have to disturb the wetlands. MR. SIMON: Do I have permission to borings. TRUSTEE KRUPSKI: If it would move this a long. You can do it tonight. If it would move this a long, we can condition the permit that you get' the engineers drawings. If voted for the permit, you would have to get the engineers drawings. TRUSTEE WENCZEL: I don't know if can vote for the permit at this time. TRUSTEE GARRELL: Make a condition. TRUSTEE KRUPSKI: O.K. So we just vote on what is applied for. Board of Trustees 15 July 27, 1995' TRUSTEE WENCZEL: The problem is that Mr. Simon still hasn't fulfilled our request. TRUSTEE KRUPSKI: You can condition. that also. You are not asking for information. You are asking for an accurate account of what is in the file. He doesn't get the permit until he provides us with that. Is there any other comments? Board? TRUSTEE GARRELL: Move to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES. TRUSTEE KRUPSKI: I will make a motion to approve the permit of ROBERT SIMON to construct a garage and to construct a bridge with the. condition that before the permit is granted the bridge abutments and area of disturbance be shown on the new survey. Bridge abutments, the wingwalls and the spoil sites be put outside of our 75' jurisdiction and the access road way to the garage be shown on the survey, no regrading on either side of the bridge. TRUSTEE ALBERTSON: Second. AYES: Krupski, Albertson, Wenczel, Holzapfel. NAY: Garrell. 7:21 p.m. - In the matter of JOHN H. MULHOLLAND & MICHAEL P. BONTJE, request a Wetland Permit to maintenance dredge 400 c.y. to 3 ' below MLW on Mulholland and Bontje parcels (privately owned bottom) , dewater spoil on site and then move to upland site on Island View Lane with owners permission. Also to add and restore 3 ' X 30 ' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland property. Located 725 and 802 Island View Lane, Greenport. SCTM #57-2-23 & 24. TRUSTEE KRUPSKI: What does that mean "and twin pilings to each on remnant piles near waters edge"? MIKE BONTJE: Those twin pilings have been deleted. I was going to speak on some changes from the description. We are at 325 yards of fill rather then 400. Plus or minus a few. We are looking at up land disposal in the August Acres Subdivision. Which is not Island View Lane. There is Kerwin, August Lane, and Pheasant Lane. TRUSTEE KRUPSKI: I believe that would be outside our jurisdiction. MIKE BONTJE: Yes, I am just clarifying the description. The drawings show the dimensions of the docks. The pilings have been removed. As a part of those drawings the extension to Bontje's dock, my dock, is also shown on that. We moved the edge of the dredging further into the creek to avoid some vegetated areas ,as the DEC required. TRUSTEE KRUPSKI: Do you have a DEC permit? MIKE BONTJE: We do not have a DEC permit. The application is still pending. The only change we made since we where here in June, is that we added a dewatering area to the drawings. We. , have actually two drawings that we sent to you. We sent them to you on July 6th and July 20th, was a carbon copy that we sent to. . .That is just a blow up of this area down by the house. It is just a blow up to show the dredging and dock and the disposal area more fully. It gives you a cross section of the disposal Board of Trustees 16 July 27, 1995 area and the type of retaining wall. I spoke to the DEC, Lou Chiarella a week ago Tuesday, and indicated what we would be doing. I also sent this on the 20th of July to them. They request the silt fence with haybales. STEVE ANGEL: You call this a disposal area, but it is really ,a dewatering area? MIKE BONTJE: Yes. A dewatering area. TRUSTEE KRUPSKI: O.K. That is everything we asked for. TRUSTEE WENCZEL: When was this. last dredged? MIKE BONTJE: 1960. TRUSTEE KRUPSKI: Carlucci did some dredging. Where is his dredging? MIKE BONTJE: He is dredging is basically a continuation of what we are doing. Then Baldwin who is that same basin, this would', be an extension of their dredging at the same depth (3,1 ) . TRUSTEE KRUPSKI: O.K. Is there anyone here who would like to speak in favor of the application? GEORGE BALDWIN: I am George Baldwin. I live at 1045 Island View Lane. I live directly across the creek from Mr. Bontje and Mullholand. I feel it would be a benefit to me and several other neighbors.. It would open up the creek to permit better navigation. TRUSTEE KRUPSKI: Thank you. Anyone else like to speak in favor of the application? Is there anyone who would like to speak against the application. DEREK MARCOND: Adjacent property owner Derek I spoke a month ago and I note that we are now on the 5th location of this. spoil. My concern principly is that we are still probably within 100' of my well. I haven't seen the latest drawing. TRUSTEE KRUPSKI: Take a look at it now. Take your time. DEREK MARCOND: The dewatering area is not entirely on the Bontje property, is that correct? TRUSTEE KRUPSKI Yes. . DEREK MARCOND: It places it more than 100' from my well. That helps me a lot. There is the problem with lajustics. I don't know where these lots are that where just mentioned. This spoil is to be. TRUSTEE HOLZAPFEL: It is half a mile. MIKE BONTJE: ' It .is in August Acres. DEREK MARCOND: They will be traveling over Island View Lane? TRUSTEE KRUPSKI: Let me interrupt a minute. Here is a map. Is , the spoil site on there? .MIKE BONTJE: They will make the turn by this property here and then go up August Lane and over the curb. They will stay on this portion of the site. DEREK MARCOND: O.K. We are talking 325 c.y. That is a lot of material. It is going to be several feet high.. MIKE BONTJE: In the dewatering area. It is one of the reasons that Mr. Baldwin is there. If you place the material 'in the dewatering area, within a day you can handle it. Within 24 hours you can stack it on top of itself. As a matter of fact I remember a huge pile in there yard when we first brought our property. What the idea was is to .remove it within a Board of Trustees 17 July 27, 1995 day or two pile it up further away from the water and then put more material back. in the space we just opened up. DEREK: What is the time frame here? MIKE BONTJE: In terms. of the dredging, a week-ten days, tops.; In terms of the removal, I would like to do it as fast as possible. I think a period of the removal; of which it would take a couple of days. The only reason I say one to two weeks, is that we have agreed to do it off season. October 15th to April lst. What also happens is that whether can interfere. If it turns out to be a cold snap or whatever and I can"t get them out there to do it', it might sit there for a few days. I would like to do it right away. TRUSTEE KRUPSKI:. Do you have a contractor? MIKE BONTJE: Nobody picked out yet. I assume it would be somebody like a Melrose Marine because we have to get a large! crane. DEREK MARCOND: That was my next question. How is this to be removed? From the land or the water. MIKE BONTJE: From the water. DEREK MARCOND: It is going to be a little tight in there with, all these cubic yards. TRUSTEE KRUPSKI: Is the DEC going to require any sort of blanket over the marsh to protect it during course of operations? MIKE BONTJE: No, because we are using a bucket. In other words they hold it to dewater. They lest the water run out and then you put it over the top. TRUSTEE KRUPSKI : The DEC is extremely cautious about any kind, of activity like this. If anything they will be placing more restrictions on this then we would as far as the safety of the wetlands are concerned. They are familiar with this type of operation. More so then we are. DEREK MARCOND: .Well the word temic scares the hell out of me. j live through one inspection. TRUSTEE KRUPSKI: To clear that up they never found any health ' hazard from Temic. The reason it was band, was it was found in the water supply. Not because it' was found to be unhealthy or , unsafe. MIKE BONTJE: I had samples tested for Aldicarb. Of which Temic is one of the brand names. Less than 3 parts per billion, which is the detection ,limit of the sample. It is a NYS certified Lab. H2M. - DEREK MARCOND: I we still talking haybales? TRUSTEE KRUPSKI: The whole works, haybales, silt fence. . He has the diagram here. Here are the haybales with the silt fence behind it. DEREK MARCOND: So it is correct to call this haybale a retainer. TRUSTEE KRUPSKI: Yes. DEREK MARCOND: Well it is going to be a mess and it is going to smell but I will live with it. TRUSTEE HOLZAPFEL: Your concerns where legitimate and they where answer I think fairly well by the applicant. TRUSTEE KRUPSKI: Thank you. Any other comment? TRUSTEE GARRELL: Move to close the public hearing. TRUSTER ALBERTS.ON: Second. ALL AYES. Board of Trustees 18 July 27, 1995 TRUSTEE HOLZAPFEL: I will make a motion that we approve the application of Mulholland & Bontje for dredging and docks with the most recent plan of 7/19/95 with the condition that all spoil to be removed within 7 days or if weather stops work any portion that is there has to beyremoved and if job is stalled or any other reason all spoil has to be removed from the site by the last day of the DEC dredge window.. TRUSTEE GARRELL: Second. ALL AYES. V. ASSESSMENTS: 1. En-Consultants, Inc. on behalf. of WILLIAM TURNBULL request a Wetland Permit and a Coastal Erosion Permit to construct 160+/- l.f. of stone revetment against eroded bank and backfill with 85+/- c. ' . of clean sand t6 be trucked in from. upland source. Construct a 4' X 20' stairway to connect to existing platform and stairs for pedestrian access over revetment. Located 54005 North Road, Southold. SCTM #52-1-1. A motion. was made by TRUSTEE HOLZAPFEL; and seconded by TRUSTEE WENCZEL to grant a negative declaration as per revised plans. ALL AYES. 2. Land Use on behalf of GERALD RUPP request a Wetland Permit and Coastal Erosion Permit to construct 80' of timber bulkhead to tie into neighbors. 100 c.y. of clean fill will be utilized to backfill between the existing' bluff and the bulkhead. Bulkhead will tie into neighbors. Located Sound View Ave. , Southold. SCTM#51-1-21. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to grant a negative declaration. ALL AYES. 3 . VICTOR AND ELLA BECK request a Wetland Permit to construct a 3 ' X 10' platform, 3 ' X 12' ramp and a 5' X 20 ', as per drawing. Located 2215 Minnehaha Blvd. , Southold. SCTM #87-3-59. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE ALBERTSON to grant a negative declaration. ALL AYES. 4. Glenn Just on behalf of WILLIAM M. SCHENONE request a Wetland Permit to construct a 41 ,X 140 ' walk on property leading to a 3 ' X 50' elevated catwalk, 3 ' X 18 ' ramp, 6' X 10' float and a . 6 ' X 20' float to be anchored by (4) 10" X 30 ' piles. Located Westphalia Road, Mattituck. SCTM #114-7-11.3. A motion was made by TRUSTEE GARRELL and seconded by TRUSTEE KRUPSKI to grant a negative declaration. ALL AYES. VI. RESOLUTIONS: 1. 'Board to adopt the following policy with regard to fences on beaches. Whereas, the presence of the fence delineates and defines the property and allows for posting of the properties; and whereas, a fence of great density would trap sand and alter the beach physically and could be considered a jetty or groin; Whereas the following policy is consistent with. the NYSDEC; Board of Trustees 19 July 27, 1995 Therefore, be it RESOLVED that the Southold Town Board of Trustees set the policy to allow only'_a nondescript fence such as a split rail from upland down to the peak lunar tide. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to take lead agency and start SEQRA. ALL AYES. 2. En-Consultants on behalf of GERARD GALLIANO request a Grandfather Permit to maintain 74 l.f. of timber bulkhead with an 8+/-' westerly return and a 40+/-' l.f. easterly return; a 97'+/- timber retaining wall; 5 ' X 6' steps; and a 3' X 66 ' brick walk leading from existing dwelling to retaining wall. Applicant has buyer for property and wants to make everything legal. Located 2125 Pine Tree Road, Cutchogue. SCTM #98-1-13. A motion was made by TRUSTEE KRUPSKI and TRUSTEE HOLZAPFEL to approve a grandfather permit. ALL AYES. VII. MOORINGS• 1. AARON AVENT request new location for duck blind in. West Creek. New location is more than 500 feet from other blinds in area and he has permission to cross over Wickham property. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to grant an amendment to the location of the duck blind. ALL AYES. 2. ARTHUR HAF request a mooring in Mud Creek for a 17' Sea Ray with 1001b mushroom. Access: Private property. Bay Constables = Q.K. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve mooring. ALL AYES. 3. WILLIAM SHENONE request onshore/offshore stake in Mattituck Creek off his own property until his dock can be built, for a 1.8' Robalo. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve mooring. 4. ADRIAN BAER request an offshore/onshore stake #4 at the end of South Harbor Road for a 15 ' sail. 5. CHARLES MICHEL request an offshore/onshore stake #7 at the end of South Harbor Road for a 12' Sunfish. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve the stake #' s 4 & 7 at the end of South Harbor Road. ALL AYES. Meeting adjourned 10p.m. Respectfully submitted by RECEIVED AND FILED BY Jill M. Doherty, Clerk THE SOUTHOLD TOW14 CLERK Board of Trustees DINE 4- 7-9'S �;.CSUR Town Clerk, Town of Southold D LARK & FOLTS ATTORNEYS AT LAW- MAIN ROAD.-P. O. BOX 973 CUTCHOGUE, NY 11935-09-M TOWN OF SOUTHOLQ (516) 734-6807 RICHARD F.LARK MARY LOU FOLTS July 26, 1995 Albert Krupski, President Board of Trustees - Town of Southold 53095 Main Road - Town Hall Southold, NY 11971 RE: Robert K. Simon - Application for Wetland Permit SCTM #1000-86-6.-3 . 1 - 379 Wood Lane, Peconic, NY Dear Mr. Krupski: I am writing again on behalf of Edmund Baumann and Carol Baumann in opposition to the issuance of a permit to Robert Simon for construction of a bridge through wetlands on Mr. Simon' s property. I reviewed the additional information provided to you by Mr. Simon on June 28, 1995, which included an "Anchor Bolt Plan Bridge Reactions" , a sketch of "Abutment & Wing Walls" and "Fill Diagram" , and a map showing contours of Mr. 'Simon' s property. As expressed in my letter to- you dated July 3, 1995, I am still concerned that Mr. Simon has failed to address the need for a licensed engineer to draw the plans for the proposed bridge construction, and that you are considering issuing a permit without a determination by a licensed engineer that this bridge can. be supported by the proposed abutments, given the existing soil conditions and the intended use of the bridge. At the hearing on June 29, 1995, Mr. Thomas Samuels asked if the plans are sealed by a P.E. You responded: "Mr. Simon says yes . " I reviewed your file and still find nothing indicating that the plans have been drawn by a licensed engineer. In addition, Mr. Simon has failed to comply with the request by Trustee Wenczel at the Hearing on May 25, 1995 that the abutments be drawn in on the survey. Drawing in the abutment and wing walls will emphasize the scope of Mr. Albert Krupski, President -2- July 26, 1995 Board of Trustees RE: Robert K. Simon SCTM #1000-86-6-3 . 1 Simon' s bridge project. As I previously mentioned at the hearing on May 25, 1995, Mr. Simon' s bridge is not just a 50 ' long bridge. By Mr. Simon' s own sketch, the wing walls and approach to the bridge will be 12 ' on each side of the 50 ' bridge. By my calculations, this makes the bridge a total of 74 ' from the point it starts at the existing grade on one side of his property until a vehicle can drive off the bridge onto the existing grade at the opposite end of the bridge. At the hearing on May 25, 1995, you asked Mr. , Simon to show on his plan where the spoil site is going to be and a stabilization plan, i.e. to show a silt fence and a row of hay bales . I still do not see any of these items on the plan or map which Mr. Simon submitted on June 28, 1995 . One further point which the, Board should consider is a covenant and restriction contained in Schedule A of Mr. Simon' s deed (a copy of which is enclosed) which states : " (3) No dwelling or structure shall be erected or placed nearer than 40 feet to any front lot line or road line. " Based upon this deed restriction alone, the Board of Trustees should not grant a permit for construction of a structure which will violate a deed restriction. The bridge as shown on Mr. Simon' s survey is within 40 feet of the right-of-way on his property, and that is without adding the 12 feet of wing walls . Surely this bridge, abutments and wing walls are a "structure" and therefore prohibited in the area proposed by Mr. Simon. In addition, the complete: bridge structure appears to be within 40 feet of the front . line of Mr. Simon' s property and therefore violates the setbacks from both the front lot line and road line. Mr. Simon cannot claim ignorance of this deed restriction because he made a reference .to it in a letter to the Department of Environmental Conservation dated May 2, 1995 wherein he responded to the DEC request for alternate locations for the garage by stating: "Building the garage to the south of the house would infringe on the town and deed required setback of 45 feet from the access roadway. " A copy of Mr. Simon' s letter to the DEC is enclosed. Albert Krupski, President - - July 26, 1995 Board of Trustees RE: Robert K. Simon SCTM #1000-86-6-3 . 1 Based upon the failure of Mr. Simon to comply with your request for complete information, ,#is failure to provide - plans drawn by a licensed engineer; his failure to apprise the Board of deed restrictions which prevent the construc- tion of the proposed bridge and the actual illegality of constructing the bridge in contravention of deed restric- tions, I respectfully suggest that you have no choice but to deny Mr. Simon' s application for a wetland permit, and hope you will do so at your meeting on July 27, 1995 . I am writing this letter in the spirit of cooperation in order to prevent any future legal entanglements . Very truly yours, Mary Lou Folts MLF/m Enclosures cc: Mr. & Mrs . Edmund Baumann Department of Environmental Conservation ,..w...�'... w..ili► �77 77 .w.r Sr w-.• t •y, ... t.a.:•;. A .:' T. 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L `'i) .y• •v +XySdda �11 ' TltaC Oed flatly atorN;� h01f�MF.bel�'rt�lCal�arfG'w. houses shall.be built or placid:tosof U14 twt '�cd ct 'iie"yam, part thereof; than each snd'ovsryers ttdrace how* built,o!r ... iE placed upoie said property'sh�ll' 'K.h*i#t�C- a4.ttrttt.;�tli y two story witti basearent•and-b �.C"—% �loor.:etsea m.i s jground 'floor structure; exclusive: ?:oo .'atorT,.al+ei'roe+cl ::_ pj:. :; Marates, shall be not loss thitr'.;um-4fy,,ft: ire resar ef'.eic _ �'��• err,;: ; story structure, bor l esei thin .1004"i�::• one and one-half dr two,9Wry its. ;`� "�; �=�!J3.rtd�: 4 `� ,�• '.1 > :� •' .: ,'.u,},�}srw,• -b: �xd 1 it rs.c :• �+ �4ti e! _� "f 6 ` '•.:: E2)"`No'.trailer. bole sront; r��tu+idfaek,, praz�ey i bit• s';'r 1. other bmduildia ecseted on tbi:' s '•+�ir� ';��:'.,• :; �' �� ''tr+wet . bill aC ti�•;'hrr - �; ,sa a rer'' id•»ca, t*rporarily.or'.aetiitsptiy,:,or.•�r1>n:•itry► a .. rof a tw army theHQtfr-be-wma '•"e141�'f T:,' 7itrnii'' e!Pe� —��:•, ,.)} � t;T. � �� :'k�" K`,�,'-fn�).:� '+�1?r:x;�ur :�°rr.�..;:.�y-U�`-aY'��: �.37 41�1.1.v .l ' j: 1f1::.• •:Mj � •�•` �' .�' �:..r. :.�i�+]:. ++ dMeiILDS;or' Structult� 061 be irockid or *fad d rairer"then 40 loot to.sty,fmfk: �i asp;fe�r� tfee:U�`( • :K `•� '.7rYJ_!'� T�:,. � ".N..j�,,• ��•.. .C,. b':,. ••ice'+;i��,, f�� .•�`„ ,<+.S•�''..!k{. a,�6""t�,'tii'�G' ',�iR? r'efidenCo�itwit br'.: ttRt��ytbf'piibl �lld; spoefficitions with,the propor !'r C 'ttyst'efait_havf'bete ruli tR+ ; ted to!and;approved.'.by'tha a4::A; written...00 �. ;"� {';t'r� � "thlrlfoi':' ..,.. .,,:�:� .;{p.,. ;�rr..,aa F:d';��y,��,,,,�,r,,,,dis.,:.�•_ .r' •� � t ktsr "�7. 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