HomeMy WebLinkAboutTR-09/30/1993 TRUSTEES S�FFO� SUPERVISOR
John M.Albert J e1 Krupski, Jr.r Vice Presideentnt �0 C�Gy�► SCOTT L. HARRIS
Henry P. Smith cc -'� Town Hall
ae
John B. Tuthill J 53095 Main Road
William G. Albertson y �� P.O. Box 1179
Telephone (516) 765-1892 �O,( �a0 Southold, New York 11971
Vax (516) 765-1823 BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
SEPTEMBER 30, 1993
PRESENT WERE: Albert J. Krupski, Vice President
Henry P. Smith, Trustees
William G. Albertson, Trustee
John B. Tuthill, Trustees
Diane J. Herbert, Clerk
ABSENT WAS: John M. Bredemeyer, III, President
WORKSESSION: 6:00 P.M.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Thursday, Oct. 21, 1993 at 8 a.m.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
NEXT TRUSTEE BOARD MEETING: Thursday, Oct. 28, 1993 at 7 p.m.
TRUSTEE SMITH moved to approve; TRUSTEE ALBERTSON seconded.
ALL AYES
APPROVE MINUTES: Regular meeting of August 26, 1993
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
I . MONTHLY REPORT: Trustee monthly report for August 1993 : A
check for $2,759.19 was forwarded to the Supervisor' s Office for
the General Fund.
II . AMENDMENTS/WAIVERS/CHANGES:
1. Edward Kaminski on behalf of KENNETH RATHGEBER requests
an amendment to •Permit #4219 to build a 20' X 40' pool as per
enclosed survey. Located 2325 Nassau Point Road, Cutchogue.
TRUSTEE SMITH moved to approve the amendment, TRUSTEE
ALBERTSON seconded. . ALL AYES
Board of Trustees 2 Sept. 30, 1993
2.. Samuels & Steelman on behalf of MR. & MRS. PATRICK
SCOLLARDIrequests an amendment to Permit #3925 to revise a one
family dwelling as per survey dated September 4, 1993 . Located
Wills Creek- Drive,. Mattituck.
TRUSTEE KRUPSKI moved to' table this application until a full
permit is submitted, TRUSTEE SMITH seconded. ALL AYES
3 . CAROL D. F,OEHR requests a waiver to erect a snow fence on
premises. Located Smith Road off Indian Neck Lane, Southold.
TRUSTEE KRUPSKI moved to table this application until the Bay
Constable can establish the correct MHW mark, TRUSTEE SMITH
seconded. ALL AYES
4. Samuels & Steelman on behalf of BARBARA_SELZ -requests a
waiver to construct new decks as shown on site plan dated July
16, 1993. Located Bay Home Road, Southold.
TRUSTEE ALBERTSON moved to approve the waiver subject to
placing dry wells, TRUSTEE SMITH seconded. ALL AYES
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF 'THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I. HAVE AN AFFIDAVIT OF PUBLICATION FROM .THE
SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG
ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE ( 5) MINUTES OR LESS, IF POSSIBLE
7:37 p.m. - In the matter of En-Consultants, Inc. , on behalf of
ANTHONY SCARMATO to replace 124 l.f. of timber wall
inkind/inplace. Repair inplace 73 l.f: of easterly
return. Approx. 100 c.y. of clean fill will be trucked in
from upland source. Construct a 4' X 4' platform, 4' wide steps
from proposed retaining wall to beach. Located Huckelberry
Hill Road, East Marion. scTM *31-16-9
TRUSTEE KRUPSKI: Do I have anyone here in favor of this project?
ROY HAJE: I believe, and I don't have my file, unfortunately,
but I believe the original proposal was to go as far as 4' in
front of that wall, then I believe there was discussion, which I
was not a party to, I think you may have spoken to Mr.
Scarmato directly.
TRUSTEE KRUPSKI: We did, on field inspection.
MR. HAJE: Wasn't the discussion then to go within 1811 , rather
than inkind/inplace? That' s what I had gotten from him.
TRUSTEE SMITH: That was I believe was true, because of the
Ponds there.
MR. HAJE: Yes, the Ponds, it was right behind it. And if you
took that wall out, all of that would go. That would make it a
tremendous, tremendous job.
Board of Trustees 3 Sept. 30, 1993
TRUSTEE KRUPSKI: I have a note here
fromCoas Jly, it says,on which is
from is from July 22nd, it is in e
ard
Area. We need $100 additional fee which we received. Based on
a field inspection may not need a long environmental assessment-
form. . . . . Do we have a, long .form 'included here.) Could you fill
one out?
TRUSTEE SMITH: I remember we had no problem with it.
MR. HAJE: It was just the distance, in front.
TRUSTEE SMITH: He wanted to go quite. a. ways.
TRUSTEE KRUPSKI: He wanted to go out 4 feet originally.
MR. HAJE: His original hope was that he would get out as far as
possible in order to get as much dead man system without
disturbing those Ponds and things. I told him it was extremely
unlikely that he would get that 4 foot. distance.
BRUCE LOUCKA: Could you read our comments and that might help
you?
TRUSTEE KRUPSKI: " It was resolved to recommend that the
Southold Town Trustees disapproval of the Wetland Application of
Anthony Scarmato to replace (within 4811) 124 . 1.f. of timber
retaining wall. Council strongly recommend disapproval because
the applicant is proposing to take out 4' of beach; there is a
strong change the beach would be destroyed; and would create
"pockets" along side the structure. The Council .suggests
replacement be inkind/inplace or within 18 Now do you
seek to amend this?
MR. HAJE: Yes, to- be 18" .
TRUSTEE KRUPSKI: We' ll take that into consideration, thank you.
Are there anymore comments in favor of the application? Is
there anyone here to speak against the application? How does
the Board feel about the amendment?
TRUSTEE SMITH: I' ll make a motion to close the hearing?
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE SMITH: I' ll make a motion we approve the application .
18" in front of.
TRUSTEE ALBERTSON: Second. ALL AYES
7: 41 p.m. - In the matter of En-Consultants Inc. , on behalf of
VICTOR CATALANO to replace (within 18" ) 103 l.f. of timber
bulkhead. Wall will be backfilled with .350 c.y. of clean
backfill to be trucked in from upland source and delivered over
owner' s property. Remove an existing concrete stairway and
replace with a 5' X 7' wood stairway. Located Peconic Bay
Blvd. Laurel. SCTM #128-6-13 .3 -
TRUSTEE KRUPSKI: Is there anyone here to speak against the
application? Is there anyone here to speak on behalf of this
application?
MR. HAJE:. This is a standard situation. The, only thing
unusual is the very large amount of concrete. In fact, if you
visited the property it points to that, which doesn't seem to be
harming anything. It' s going to be entombed really by the new
project, so we would like permission to leave it there. . We
think it will be cut off from anything. In any event it' s my
belief that that' s dirt material anyway.
Board of Trustees 4 Sept. 30, 1993
TRUSTEE KRUPSKI: I think that' s the feeling of the Board.
TRUSTEE SMITH: Any CAC comments?
BRUCE LOUCKA: Yes we do and I think you' ll like them.
TRUSTEE KRUPSKI: "We recommend to the Southold Town Trustees
the applicant
approval of the Wetland Application and suggests
may wish to tie in the adjacent bulkheads to create a solid
line."
BRUCE LOUCKA: And also that the concrete stay and leave it
there and bury it.
TRUSTEE KRUPSKI: We were gonna recommend that, and even the
stairs to flip. that over and leave it. There didn't seem to be
any sense of removing that. What is the relationship of the
neighbors bulkhead there?
MR. HAJE: I.s the neighbor out further, Bruce?
BRUCE LOUCKA: It may be.
TRUSTEE KRUPSKI: I think it may be our recommendation too. To
tie into the neighbor and come back diagonally to the other
corner, to make a solid line.
MR. HAJE: So it -may be out more than 18" on what would be the
west side.
TRUSTEE KRUPSRI 1oikeha greatside idea.ould Butbethet3mlittle
MR. HAJE: Sounds
letters. . .DEC. - Who might say 18" is it and we won' t let you go
any further. We don't have their permit yet so I don't know,
I
could ask. Your recommendation might bolster my request.
TRUSTEE SMITH: If we give you our approval to tie in with the
neighbor and angle over to the other end and if the DEC doesn't
approve that, you're still gonna be building less of. So you
won' t have any problem with us.
MR. HAJE: OK. Well if I were to do it if we could get
permission from everyone else to do it.
TRUSTEE KRUPSKI: Do I have any other comments?
TRUSTEE SMITH: I make a motion to close the hearing.
TRUSTEE ALBERTSON: So moved.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: Does anyone entertain a motion on this?
TRUSTEE SMITH-: I make a motion we approve this application PER
CAC recommendation.
TRUSTEE TUTHILL: Second. ALL AYES
7 : 45 P.M. - In the matter of En-Consultants Inc. , on behalf of
ROBERT TAYLOR to construct 58' of timber retaining wall no more
than 2' in front of existing retaining wall, with a 30' return
on the east property line. Approx. 40 c.y. of clean backfill
will be trucked in from upland source. Located Sigsbee Road,
Mattituck. SCTM #126-9.1
TRUSTEE KRUPSKI: Do I have anyone to speak on behalf of this
application? Do I have anyone to speak against this application?
MR. HAJE: I don' t know what the latest recommendation is.
TRUSTEE SMITH: CAC have .any comments?
BRUCE LOUCKA: Yes.
TRUSTEE KRUPSRI: Council recommends disapproval as submitted
behind the existing seaward
because there is plenty of room
Board of Trustees 5_ Sept. 30, 1993
bulkhead (not retaining wall) the proposed plan would be 2' in
front of adjacent western bulkhead which would create an angle,
which can create erosion problems. The Council also questions
the MHW, it does not appear to- be correct on the submitted
plans" . The day we were down there people were sitting on the
beach. I don't have a big problem where -the MHW. is. There were
people sitting down there on the beach and there's a fair amount
of beach. We have a revised. plan because we have two different
plans at the time.
MR. HAJE: There was confusion as to exactly what was proposed.
Originally the contractor believed that there was more work to
be done. Then it was scaled back so that there was actually a
lot more repair work rather than new work.
BRUCE LOUCKA: When we were down there that water comes right up
there. We had a couple of questions on access along with that.
TRUSTEE SMITH: Well basically it would be in line with everyone
elses bulkhead.
TRUSTEE KRUPSKI: No it' s a little further out than the
neighbor. And to the east there is no bulkhead. It-'s cut way
back in.
MR. HAJE: This was submitted July 1/93 so that the high water
line was prepared by them and I think, well there's a couple of
ways to do high water- line. The right way is to do it by
averaging over certain number of years. I think it' s right.
BRUCE LOUCKA: I was down there and the water was way up there.
"Cause we were wondering also on the steps down.
TRUSTEE KRUPSKI: There's nothing behind except that old
bulkhead back there. It might as well just be replaced, instead
of going out further, replace it in a straight line which keeps
it in a straight line with the neighbor to the west. Then you
can continue that line of bulkhead on the other side of the "L"
shape. Do I have a motion?
TRUSTEE SMITH: I make a motion to close the hearing.
TRUSTEE ALBERTSON: Second. ALL AYES
TRUSTEE KRUPSKI: I- make a motion that we make an approval based
on inkind,/inplace replacement connecting through the
concrete wall with a 30' return and an appropriate amount of
backfill not to exceed 40 c.y.
TRUSTEE- ALBERTSON: Second. ALL AYES
. 7 : 58 P.M. - In the matter of GOLDSMITH"S BOAT SHOP to construct
a temporary ramp made of CCA pilings and 2' X 12' CCA
decking, for purpose of hauling and launching a sea plane and or
small boats. Ramp will be 40 ' X 14' and will extend from bank
to just beyond low tide line and will be removable. Located
Main Road, Southold next to Mill. Creek Inn. SCTM #64-3-11
TRUSTEE KRUPSKI Do I. have anyone here in favor of this here
application?
ALVAH GOLDSMITH: The ramp that is mentioned, I. wanted
constructed strictly on a temporary devise being as we have a
sea plane in there and we don' t know how long it will be there,
but that' s one of the reasons we would like to have it. That is
Board of -Trustees
6 Sept. 30, I993
one of the reasons we constructed it to be removable, not
permanent.
TRUSTEE KRUPSKI: Do you foresee it being removed? Are you
going to put it in and take it out and put it in again?
MR. GOLDSMITH: It could be removed from time to time if need be..
TRUSTEE SMITH: Is it anchored or just laying there?
MR. GOLDSMITH: It's just laying there.
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak
against . this application? opposition based upon a
FRANK FLYNN: I would like to speak in
few notes. I examined the file in the Trustee Office and in my
opinion the file raises more questions than it answers. The
file contains 2 documents. The short environmental assessment
and a negative declaration by the trustees. I understand this
ramp was built without a permit. A local cynic told me the way
you go about construction in the Town of Southold is to proceed
and ask for forgiveness rather than ask permission. The
application states that the business use of a temporary ramp is
for hauling and launching a, I emphasize a, seaplane and or,
small boats. Now as far as temporary is concerned, that' s an
ephemeral term. And I believe it should be defined as to what' s
constitutes temporary. I would suspect something built on CCA
piers and 2 X 12 planks hardly meets the specifications of
temporary and the. question• also arises, if it' s removable, when.
Arid when will it be removed. I.s it a seasonal type of
installation? Just what is this installation to be_? Now the
application also claims that the sea plane is a boat while in
the water. I think you will find that the- government recognizes
the difference, as most of us do between a sea plane and .a
boat. And as a matter of fact there are different licensing
procedures for both. One is licensed by FAA, Federal . Licence
the other by the obviously by the, Vehicle for the State of
New York. Sea planes are not permitted in M2 zoning, and what
in effect you are doing is building a structure to perpetuate an
uncomforting use. This particular instance may not be bad
enough in itself but it could very well set a president for sea
plane operations, commuter operations etc in all the marinas in
this town. It also states- that this ramp has a use for the
hauling and launching for small boats. The question should
resolved does this mean additional boats. Are there to be rack
storage boats to be launched from this ramp,
or visitors boats to be launched from this ramp? If so a study is
indicated as to the availability of' parking and a survey of the
property should be submitted. Ramp is more or less indirectly
undefined in Section 32-32.1 where it says under A. All boat
engines must be shut off on the ramp, in reference to boats. B.
No person shall park or leave an unattended vehicle. Now,
vehicle is also defined in the code as being transportation on
roads. . So in neither way does a sea plane coincide with the
code. Sea planes are hazardous, I think we will all recognize,
in proximity to other boats, marinas and, particular areas in
which jet skis. are operated by teen ages or younger people. You
will remember that public safety was an issue with reference to
the Mattituck Airport when that-was proposed. Now a similar
Board of. Trustees 8 Sept. 30, 1993
maintained that this 'is a temporary ramp being that it can be
taken out of the water, its not a permanently attached ramp and
this is the primary reason for the need of it. I don't want to
go through an environmental impact because I don' t think it' s
appropriate. It' s not gonna be something that' s gonna turn
into a sea plane base or something like that.
MR. FLYNN: May I respond in a sentence or two?
TRUSTEE KRUPSKI: Yes, please be brief.
MR. FLYNN: In a certain sense a sea plane is a boat when its
in the water. In the respect that it has to pertain to the
rules of the road, but when it is taxing etc. ,, when it takes
off then it becomes FAA jurisdiction. It's a question of the
rules of the road. The second thing is Mr. Goldsmith more or.
less agrees with me. I don't place blame on Mr.. Goldsmith, but
the conjunctive use of those jet skis and the air craft
certainly constitutes a hazard. The question is, there seems to
be no jurisdiction prevailing to prevent this hazard or if it is
it' isn't being enforced.
TRUSTEE KRUPSKI: I agree with you that it does sound like a
dangerous situation, however, even if we didn't approve a ramp
on this site, we wouldn' t be able to prohibit a sea plane. from
going or coming into the Bay when we can't prohibit the use of
jet skis in the Bay or boats in the Bay. That' s way beyond our
province. I understand how that ties into the use of the ramp,
but it doesn' t. . .if someone has a sea plane in the proximity we
can't, wether there a ramp there or not, that' s really way
beyond our province.
MR. FLYNN: Perhaps I'm displaying my ignorance, but you have
jurisdiction over Town waters, ' and. Town waters extends 400 feet
from shore?
TRUSTEE KRUPSKI: Only to the mouth of the creek.
MR. FLYNN: Well in some -Town jurisdiction out into the Bay a
certain distance. from the high water mark.
TRUSTEE KRUPSKI: That's state water and we don't have any
jurisdiction there at all.
TRUSTEE SMITH: Besides this is a private owned marina, and Mr.
Goldsmith does own the bottom'.
MR. FLYNN: How far out?
MR. SMITH: In the marina.
TRUSTEE KRUPSKI: As far as the take off of the plane and the
jet skiffs, we assume it is not with the confines of the
marina. I 'm also assuming they're not taking off in the creek
itself. So that' s well beyond our province.
MR. FLYNN: As I told you, I don' t have really strong
objections to the current operation there, but what I foresee is
an opening of a Pandora' s Box.
TRUSTEE KRUPSKI: Yes, I see, but what Mr. Flynn also brought
up a few good points on this. We do not have CAC comments for
one thing, and we do not have a site plan in the file and we
need a survey with a location drawn on it so we have something
to goon for the record. ' We need that location.
TRUSTEE SMITH: You say temporary, are you gonna take it out
durin:.9' -t h-.e, winter?
MR. GD1bSr4ITH: It can be removed at any given time.
Board of Trustees 9 Sept. 30, 1993
TRUSTEE SMITH: In other words you're saying is its not
permanently attached at the bottom except by its own gravity.
MR. GOLDSMITH: And let me say this, as far as the safe use is
concerned, I think that a sea plane and a sea plane pilot or any
pilot for that matter, there is no one who has more safey in
mind than a pilot. I. can' t say this is true for people who
operate boats or jet skiis. You're not gonna find any safer
person who drive planes. -
TRUSTEE KRUPSKI: Another point that. Mr. Flynn brought up and
that. is a matter of zoning. You can't use a sea plane in an M-2
zone.
MR. GOLDSMITH: A sea plane. base. I'm not applying for a sea
plane base. A sea plane can come and go.
TRUSTEE KRUPSKI: I don' t know if you ever received this
material. I don't know if it was ever sent to you. Alternative
to a CCA ramp. There's a material that is sort Of' a large
plastic fabric. That would be layed down on the site and the
vegetation would be allowed to grow through it.- It' s made to
hold the material and bank together so the bank does not erode.
And it can be used as a ramp or road. But like dHenry
you havesaid,
"what' s the advantage of having a temporary. . . .
another ramp on the site?
MR. GOLDSMITH: No, other than a play ramp.
LINDA FLETCHER: I would like to no exactly what a sea plane
base is, and if a particular one plane is always staked at a
marina, where does the plane go, .is it always there, is the
plane yours?
MR. GOLDSMITH: No, it' s not my plane. I rent the dock space to
the owner of the plane. It comes and goes, stays there during
the week, and is used to take the owner back and forth from New
York to West Hampton. but the pilot lives in Nassau Point, and
they pay for dock space in my marina, but the boat is not an
amphibious nature so it has to be taken out of the water
occasionally to keep it clean.
LINDA FLETCHER: Are you saying that a base then is. when you
have more than one plane?
MR. GOLDSMITH: I would say just that. In the winter time this
plane goes to Maine.
TRUSTEE KRUPSKI: I think that' s one of the problems here. If
we can define a sea plane base and whether a lot of concerns
here are zoning.
TRUSTEE KRUPSKI: All we' re concerned is this ramp.
MR. GOLDSMITH: A sea plane is another whole different
ballgame.
TRUSTEE KRUPSKI: I 'm gonna make a motion to table this
because we need comments from the CAC and, we also need a
survey with a site plan for the whole site, an updated survey
with a ramp shown in it so that we will know the exact location.
TRUSTEE SMITH: I would like to make a motion. we close the
hearing.
TRUSTEE ALBERTSON: so moved.
TRUSTEE TUTHILL: Second. ALL AYES
TRUSTEE KRUPSKI: I' ll make a motion we table the decision until
we get comments from CAC and site plans from Mr. goldsmith.
Board of Trustees 10 Sept. 30, 1993
TRUSTEE ALDERTSON: Second. ALL AYES
8:20 p.m. - In the matter of HARRY HOHN requests a permit to
construct a 4' X 240' catwalk. as shown on map dated August 3,
1993 . Located Aborn Lane, Cutchogue. SCTM #118-6-1 & 1. 3
TRUSTEE KRUPSKI: Do I have anyone here to speak on behalf of
this application?
MR. HORN: I have been before this board several times since I
bought 8 acres out on Nassau Point. You have allowed me to
construct a house out there and I have 3 houses out there and
you have allowed me to sub-divide into 3 parts. Two of the
houses have direct access to the Bay and this catwalk will allow
me to have direct access to the. third house. You have all the
information there so I respectfully requests permission to build
the catwalk.
TRUSTEE KRUPSKI: Is there anyone here with comments against
this application?
LINDA FLETCHER: I am here on behalf of the North Fork
Environmental Council. I 'm going to read the comments from
'Linda Levy who is our Southold Town Coordinator, and could not
come this evening. "Dear President Bredemeyer and Southold
Trustees: On behalf of. the North Fork Environmental.. Council
(NFEC) , I would like to raise a number of matters of concern
regarding this application. The Negative Declaration issued on
August 26, 1993 lists this as a Type II ,action.. We believe that
this should be designated an unlisted action, as it is not an
accessory use. The catwalk is to be constructed across a pond
and onto a beach of,, the Peconic Bay. This is a Critical
Environmental Area (CEA) ; all unlisted actions is a CEA are
by statute Type I actions. (see Section 617.4(h) and 617.12(12)
of 6 NYCRR Part 617) . Therefore, the Short Environmental
assessment Form is inadequate and a Long Environmental
Assessment Form must be submitted. The Negative Declaration
also states that no significant adverse effects to the
environment will occur as a result of this action. We
disagree. The pond is home to osprey, egrets, blue herons, and
swans. It is also a feeding ground for migratory birds,
including Canadian geese, mergansers, and bufflehead ducks.
This catwalk will disrupt the feeding and nesting area of these
birds, as well as obstructing the "take-off. and landing"
patterns of the larger birds. In addition, the catwalk ends at
the beach, in the middle of a tern nesting area. The proposed
catwalk is necessary to provide access to the beach. There is
an existing path on the applicants' own property which has been
used as the beach access for prior residents. This path has
been used for several decades. Any impact its use might have on
the pond has already been experienced. the catwalk will add a
new burden on this environment. Just because the pond is not.
"prisLine" is not sufficient reason to further jeopardize this.
habit:. The applicant has a history of disregard for the
,k restr--.Lctions of this wetlands area. In 1990 the Trustees
informed the applicant that "any. further activity in the area
'�. withoµt. .,. a permit. . .may result in a violation" . The NYS
Board of Trustees 11 Sept. 30, 1993
Department of Environmental Conservation (DEC) has also issued a
violation on this property. We do not believe that disregard
for the regulations of our Town and State should be rewarded by
granting a permit for an unnecessary and environmentally harmful
structure. In conclusion, the. NFEC' must insist that the
Southold Board of Trustees take another look at this
application. It must be designated a Type I action with the
corresponding submission of a Long Environmental .Assessment Form
(LEAF) to adequately address the potential impact on the habitat
of this pond. In fact, we believe that the application demands
a full Environmental Impact Statement. We would suggest that
re-examination of this proposal might indicate that the
construction of a catwalk will- cause much greater harm to the
environmental than the continued use of the already existing
pathway. Thank you. Sincerely, Linda Levy, Southold
Coordinator, North Fork Environmental Council.
(.Due to a malfunction. in recorder was unable to hear meeting at
this point)
TRUSTEE KRUPSKI moved to suspend the hearing, TRUSTEE SMITH
seconded. ALL AYES
9: 08 P.M. - In the matter of Donald Cocks on behalf of
MATT-A-MAR MARINA to erect a green chain link fence to the
existing retaining wall on. south side of property 5' in height,
then runs inside property along Wickham Ave. (east border) to
north side. (all 6' high chain 'link) Located south east end of
Mattituck Creek, 500' north of intersection of. Route 48 and
Wickham. SCTM #114-3-1
TRUSTEE SMITH moved to close the hearing, TRUSTEE TUTHILL
seconded. ALL AYES
TRUSTEE SMITH moved to approve this application, TRUSTEE TUTHILL
seconded: ALL AYES
9:10 p.m. - In the matter of DONALD & LORNA TUTHILL to construct
a one-family dwelling as per survey dated May 19, 1993. Located
Long Creek Drive, Southold. SCTM #53-3-28
TRUSTEE SMITH moved. to close the hearing, TRUSTEE ALBERTSON
seconded..
TRUSTEE SMITH moved to approve this application subject to CAC
comments, TRUSTEE ALBERTSON seconded, ALL AYES
9: 13 p.m. - In the matter of Land Use Co. , on behalf of. ROBERT
ALCUS 'to construct a 4' X 30' timber dock elevated a min. of
4' over grade with a 3 ' X 10' ramp and a 6' X 20' float for the
private dcacl-,aLge of a recreational vessel. Located Cedar Point
Drive East, Southold. SCTM #92-1-2.1
(at this paint recorder went on)TRUSTEE SMITH: I don' t see why
he can't hold this thing back.
MR. LOUCKA: . I don't think he' s gonna have water, because
there' s t.; ..er..
TRUSTEE KRUPSKI: Wait, there' s too many questions. I think
I ' ll make .a motion to. . . .should we suspend the hearing? Because
Board of Trustees 12 Sept. 30, 1993
he should either stake it or propose to move it to the other
side and find a place with. a little more room and then stake it
also.
TRUSTEE SMITH: If he wants to stake it, I don't know how big of
a. boat he has, but I would like to see it staked. .
TRUSTEE KRUPSKI: Do you want to suspend the hearing, or do you
want to end the hearing?
TRUSTEE SMITH: I would say suspend the hearing for now, because
he' s probably not going to put this dock in until Spring anyway.
TRUSTEE ALBERTSON: Second. ' ALL AYES
TRUSTEE KRUPSKI: Mr. Alcus is tohave this staked and put on
r for October inspection.
9:18 p.m. - In. the matter of NORTH FORK COUNTRY CLUB to
construct 16th tee and other operations as described in the
enclosed project description and survey dated as revised August
26, 1993 . Located Main. Road, Cutchogue. SCTM #109-4-7.1
TRUSTEE KRUPSKI: Is there anyone here who wishes to speak
against this project? Is there anyone here who wishes to speak
in favor of the project.
MR, GILL PINKHAM: I represent the North Fork country Club, if
you have any questions.
MR. LOUCKA: We have comments from CAC and we approve it.
TRUSTEE KRUPSKI: Does the Board have anything to say or to
add? Let me read the CAC comments. "Recommends approval with
understanding that runoff be contained and native vegetated
buffers areas be maintained, We have also amended the plan.
Are there any other comments? I' ll make a motion to close the
hearing.
TRUSTEE SMITH:. So moved. ALL AYES
TRUSTEE KRUPSKI: I ' ll make a motion to approve the application
with a change of the 15th tee area B is not to be disturbed at
all, is not to be replanted, cut, mowed; regraded, bulldozed or
disturbed.
TRUSTEE SMITH: ALL AYES.
v. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: '
1. SUZANNE V. SWICK to construct a one family dwelling with
excavation for foundation, slab, and septic system as per survey
dated 5/14/93. Located Route 25 East Marion.. SCTM #23-1-6
TRUSTEE KRUPSKI moved to table this application due to the whole
Board to inspect in October.
TRUSTEE ALBERTSON: Second. ALL AYES
2. En-Con5uttants Jtnc. , on behalf of BARBARA. CIEPLINSKI to
construct &-limber dock consisting of a 4' X 100' fixed elevated
( 3 ' X 61' above grad:, of marsh) walkway; 3 ' X .16' ramp and a 6'
X 20' foai-t: securedtby (2) 9" pilings. Located Orchard Lane,
Southold.,. ScTM #89�w-3-9 & p/o 8. 1
TRUSTEE A 49ERTSON moved. to approve FOR A Negative Declaration,
TRUSTEE TuTr(Ts-L. seconded. ALL AYES
Board of Trustees 13 Sept. 30, 1993
3. En-Consultants Inc. , on behalf. of. RUSSELL MC CALL� to
remove approx. 2,000 c.y. of fill, concrete and other debris
dumped in marsh by previous owner. Present owner seeks to
restore disturbed area to former. condition as a marsh and to
re-establish tidal flow via presently blocked drains to marsh to
east. Located New Suffolk Ave. , New Suffolk. SCTM #116-6-7
TRUSTEE SMITH Moved to' approve for a Negative Declaration, .
TRUSTEE ALBERTSON seconded. ALL AYES
4. En-Consultants 'Inc. , on behalf of FRANCIS X. SMITH- requests
a permit to construct a stairway on face of bluff over bulkhead
and outer beach. it will consist of a 4' X 8 ' platform, 4' X
25' steps, a 41. X 8' walkway and a 5 ' X 5' platform and a 3 ' X
8' steps. Located 1315 North Parish Drive., Southold. SCTM
#71-1-13
TRUSTEE SMITH moved for a Negative Declaration, TRUSTEE TUTHILL
seconded. ALL AYES
5.1' En-Consultants Inc. , on behalf of JOYCE R. ANDERSON requests
a Wetland Permit to extend existing southerly return by 101 ,
construct new 20' northerly return, replace tie-rods and- deadmen
in existing bulkhead and backfill with 25+/- c.y. of clean sand
fill to be trucked in from upland source and delivered over
owner's property. Remove and replace an existing 4' X 8'
staircase. Located 2625 Bayshore Road, Greenport. SCTM
#53-4-21
TRUSTEE SMITH moved for a Negative Declaration, TRUSTEE TUTHILL
seconded. ALL AYES
6. Jack Foehrenbach on behalf of BLUEPOINTS COMPANY INC. ,
requests a permit to construct 100' X 4' open pile pier and
place 4 prefabricated 8' X 30' open tanks in .adjacent area.
Tanks would be serviced by a 2,000 GMP pump enclosed in a 5' X
5' structure. Intake and outfall pipes would run underneath the
pier and the tanks connected in parallel. Located foot of Love
Lane, Mattituck. SCTM #140-1-23.1
TRUSTEE KRUPSKI moved to table until some concerns regarding
tanks are satisfied, TRUSTEE ALBERTSON seconded. ALL AYES
7. Costello Marine on behalf of MARY BAIZ requests permit
to resheath approx. 102 ' of existing timber jetty, extend
inshore section 24' landward and backfill scoured void area with
approx. 64 c.y. of clean fill from approved source. Located
Bay Home Road, Southold. SCTM #56-5-1.2 & 2
TRUSTEE ALBERTSON moved to approve for a Negative Declaration,
TRUSTEE SMITH seconded. ALL AYES
8. En-Consultants Inc. , on behalf of NUNNAKOMA WATERS -
ASSOC. INC. , to construct a timber retaining wall 170+/- l.f.
overall (including returns) generally at or above line of
apparent )igh water and backf.ill with 170+ c..y. of clean sand to
be trucked: in from upland source. Wall is necessary to prevent
further lass of land and protect road lying close to eroded bank
which prwrides access to marina and beach for members of the
Board of Trustees 14 Sept. 30, 1993
u; Existing docks will be unusable due to loss of
fill and shoaling of dockage area. The site suffered severe
erosion from the 12/11/92 storm. Expedited prior to opening of
facility, in the Spring., Located Wampum Way,. Southold. ' SCTM
#87-2-40.1. 9 40.2
TRUSTEE SMITH moved to approve for a Negative Declaration,
TRUSTEE ALBERTSON seconded. ALL AYES
VI. RESOLUTIONS:
1. Board to request Ray Jacobs to place 2-4' X 8 ' plywood signs
at Hallocks Bay stating local laws at a charge to Trustee
budget.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
2. Board to request permission to place 2-4' X 8' plywood signs
in Hallocks Bay stating local laws.
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI seconded. ALL
AYES.
3 . CHARLOTTE MULLEN requests an amendment to Grandfather
Permit to add retaining wall, stone revetment as shown on survey
dated June 29, 1993. Located Mill Creek Drive Southold.
SCTM #51-6-33
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded,
ALL AYES
4. Deborah Doty on behalf of GERARD & MARILYN _LAND requests a
' Grandfather Permit for a 17" X 53" wide X 16 1/2' long dock, and
89' retaining wall with a 3' return and a 16 1/2' X 217" ramp.
Located 975 Cedar Point .'Drive West, Southold. _ SCTM #90-1-5
TRUSTEE KRUPSKI moved to approve, TRUSTEE' ALBERTSON seconded.
ALL AYES
5, Costello Marine Construction Co. , on behalf of PATRICIA_ D.:
GUINNAN- requests a Grandfather Permit to replace
inkind/inplace 4' X 99' of dock with access steps on both
sides, a 10' X 13' "L" dock, replace inkind/inplace 73 '
backing system, install 158' of upper retaining wall, and
backfill with 90 c.y. of clean fill. Located Indian Neck Lane,
Peconic. SCTM #86-7-5
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI seconded. ALL
AYES
6. Costello Marine Construction Co. , on behalf of HELEN &
ROBER71*.'RUST. requests a Grandfather Permit to replace approx.
104' of VA
timber bulkhead inkind/inplace and to
backfill w'A 20 c.y. of clean fill. Located Wunneweta Road,
Nassau .-Point, Cutchogue. SCTM #111-14-34
TRUST`��,.XRUPSKI moved to approve, TRUSTEE SMITH seconded. ALL
AYES
1
Board of Trustees 15 Sept. 30, 1993
7r` J.M.O. Consulting on behalf of,GERALD & SHIRLEY WEXLER..
proposes to maintenance dredge an existing boat ramp 80' X 25'
to a depth of -41 , to maintenance dredge an existing boat basin
( 45' X 341 ) to a depth of -41 . The resultant spoil (approx.
530 c.y. of sand) shall then be placed in groin compartment.
Sand may be removed from ramp and basin by utilizing payloader
and or backhoe. Located Beach Court, East Marion. SCTM
#37-7-9. 1
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
8. En-consultants Inc. , on behalf of EUGENE BURGER to construct
a timber dock consisting of a 4' X 40 ' fixed elev. min. 4'
above grade of marsh pier (plus steps) , a 3' X 16' hinged
ramp„a 6' X 16' float secured by .( 2) pilings. Place approx.
10 c.y. of sand and grade into a berm approx. 3 ' wide at the
base and 1.5' high to extend the width of the parcel (68+/-)
above AHW and wetlands. Following grading berm will be
planted with Ammophilis Breviligulata on 18." contours, as
per survey dated 9126/93 . Purpose of berm is to prevent
occasional flooding of upland as secured during 12/92 & 3/93
storms. Located 2515 Pine Tree Road, Cutchogue. SCTM #104-3-4
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON .seconded.
ALL AYES
9_ BRICK COVE MARINA - Whereas, a Draft Environmental Impact
Statement (DEIS) was received for Brick Cove Marina (Action) ,
and whereas, the DEIS contains extensive analysis pertaining
to the Action particularly concerning the environmental impacts
and mitigation associated therewith and is adequate for public
review, Now Be It, Resolved, that the Southold Town Board of
Trustees deem the DEIS complete; And Be It Further Resolved,
that a Notice of Completion of. DEIS be filed in accordance
with the provisions of the State Environmental Quality Review
Act and Chapter 4.4 : of the Town Code; And Be It Further Resolved,
that copies of the>DEIS will be sent to all Involved Agencies
and maintained for,public inspection at the office of the Town
Trustees and the Scrathold Town Library; And Be It Further
Resolved, that the Southold Town Board of Trustees will conduct
a public- hearing oni the DEIS on
October 28,t1993 .TRUSTEE
TRUSTEE KRUPSKI movecl to approve the
ALBERTSON seconded., ALL AYES
10.. GUS WADE - Whereas, a Draft Environmental Impact Statement
(DEIS) prepared fora project known as Gustave Wade (Action)
was accepted- as adequate for public review by the Southold Board
of Trustees (-'rustee�s) on May 26, 1993, And Whereas, the
Trustees notices thre: DEIS in the local papers and distributed
the DEIS amo all ;involved Agencies, And Whereas the Trustees
held a publ.b`f. hear�_j}g on the DEIS on June 24, 1993 and
received acUjoi satiaD written comments pertaining to the DEIS,
And Where *. a P nallEnvironmental Impact Statement (FEIS) was
} prepared a c - : s ail Tressed all comments raised in connection
with the Ac-tion, Nou. Be It Resolved, that the Southold Town
Board of Trustees 16 Sept. 30, 1993
Board of Trustees deem the FEIS to be complete; And Be It
Further Resolved, that a Notice of Completion of Final EIS be
filed in accordance with the provisions of the State
Environmental Quality Review Act and Chapter 44 of the Town
Code, And Be It further Resolved,. that the copies of the FEIS
will be distributed among all involved agencies and maintained
for public inspection at the office of the Town Trustees and the
Cutchogue Free Library.
TRUSTEE KRUPSKI moved to approve this resolution, TRUSTEES
ALBERTSON seconded. ALL AYES
VII. . MOORINGS:
1. JAMES F. PRESTON requests a mooring in town Creek for a 32'
inboard with a 350 fore and 225 aft anchor. Access: Public
TRUSTEE SMITH moved to approve, TRUSTEE KRUPSKI seconded. ALL
AYES
2. ROBERT L. GAMMON requests a mooring in Town Creek for a
30' sail boat with a 500 l.b. fore and aft. Access: Dock of
Antoinette Notaro located Youngs Road East, Southold.
TRUSTEE SMITH moved to approve with stipulation that he get in
touch with Bay Constables as to location of mooring. TRUSTEE
ALBERTSON seconded. ALL AYES
3 . TONY PAPPAS requests. a mooring in Mattituck Creek for a
24' inboard/outboard with a 200 lb. mushroom. Access: Boat
ramp.
TRUSTEE SMITH moved to approve with stipulation he get in touch
with Bay constable as to location of mooring, TRUSTEE
ALBERTSON seconded. ALL AYES
. 4. DEANNA ALPERT requests an onshore stake in. Richmond Creek
for a 12 ' sailboat on South Harbor. Road.
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON seconded.
ALL AYES
5. RONALLD "BURTNETT ..requests a mooring in James Creek for a
31' inboard with a 200 lb. mushroom. . Access: Public.
TRUSTEE KRUPSKI moved to approve with stipulation that he get in
touch with Bay Constables as to location of mooring, TRUSTEE
ALBERTSON 'seconded. ALL AYES
6. D. KAMINSKI & SOPHIA _GREENFIELD requests an offshore
stake in &oase Creek for a 14' outboard. Access: Deeded ROW.
TRUSTEE KRVVSKI moved to table this application until she. gets
permission from neighbors on ROW, TRUSTEE SMITH seconded. ALL
AYES.
Meeting adiomrAed at 10:25 p.m.
Board of Trustees 17 Sept. 30, 1993
Respectfully Submitted By:
Diane J. Herbert, Clerk
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ,-2 -YOU (�
PV
Town Clerk, Town of Southold
,1