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HomeMy WebLinkAboutTR-07/21/1994 Og�FFO�,�c Albert J. Krupski,President , p� OG Town Hall John Holzapfel, Vice President �� y` 53095 Main Road William G. Albertson W P.O. Box 1179 Markin H. Garrell O Southold, New York 11971 Peter Wenczel y?JOl �a0� Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES JULY 21 1994 PRESENT WERE: Albert. ,J. Krupski,' President John Holzapfel, Vide-President Peter Wenczel, Trustee Martin Garrell, Trustee William G. Albertson, Trustee Diane J. Herbert, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thurs. July 28, 1994 at 7 pm TRUSTEE GARRELL moved 'to approve, TRUSTEE HOLZAPFEL seconded. ALL AYES NEXT FIELD INSPECTION: Thurs. Aug. 18, 1994 .at 12 noon TRUSTEE GARRELL movedito change date to Wednesday, Aug. 17 TRUSTEE HOLZAPFEL seconded. ALL AYES APPROVE MINUTES: April 28 & May 26, 1994 Regular Meeting TRUSTEE ALBERTSON moved to approve, TRUSTEE' HOLZAPFEL seconded. ALL AYES I I . MONTHLY REPORT: Trustees monthly report for June 1994: A check for $5,755.69 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. RICHARD FRERKING is in receipt of the Notice. of Action regarding his application for a catwalk, ramp, and float. He requests the Board to consider if he could provide 5 checks for $114 each dated the first of each of the next six months, or, extend the period for the permit fees for six months without having to re-apply. Located 680 Deep Hole Drive, Mattituck. SCTM #115-12-9 TRUSTEE HOLZAPFEL moved to approve extend the payment period for one year. TRUSTEE KRUPSKI seconded. ALL AYES 2. ANN BERRYMAN requests a waiver to construct a 6' high vinyl fence 55 ' along her western property line, or if possible extend out to the beach as pedestrians and deer coming from Youngs Road are eroding the beach and cutting through her property. Located .2100 Youngs Road, Orient. SCTM #18-2-1 TRUSTEE KRUPSKI moved to table the request until he calls her and try to explain that she cannot put fence down to beach.. TRUSTEE ALBERTSON seconded. ALL AYES I. Roy Stakey on behalf of CLIFF POLACEK requests a waiver to extend his deck 6' X 6' as per drawing. Located Deer Drive, Mattituck. SCTM #114-10-1 TRUSTEE ALBERTSON moved to deny the waiver and ask applicant to submit a full permit. TRUSTEE WENCZEL seconded. ALL AYES 4. WILLIAM W. JOHNSON requests a one year extension for the construction of a one year extension for the construction of a 40' X 55' house, with a 20' X 25' garage, walkway and. a 6' X 24' floating dock. Located Clearview Ave. , Southold. SCTM. #70-10-28. 3 TRUSTEE WENCZEL moved to approve the one year extension. TRUSTEE ALBERTSON seconded. ALL AYES 5. MAURICE JEZO requests an amendment to Permit #352 to have 2- 6 ' X 20' floating docks rather than 1- 6' X 35' floating dock. Located 62 Maple Lane, East Marion. SCTM #35-5-25 TRUSTEE HOLZAPFEL moved to approve the amendment. TRUSTEE ALBERTSON seconded. ALL AYES TRUSTEE HOLZAPFEL moved to go off the regular meeting. TRUSTEE ALBERTSON 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 S.UFFOLK 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 AN11 BRIEF: FIVE ( 5) MINUTES OR LESS, IF POSSIBLE. i . 7:25 p.m. - In the matter of J.M.O. Consulting on behalf of THOMAS W. RUSSELL, JR. to reconstruct and upgrade an existing rock revetment by installing a 65' X 18' rock slope. 2. to 4 ton boulders shall be utilized, by placing them atop filter fabric and a 1' layer of rock chips (4" - 6" tailings) and a 1 - 1 1/2 slope will be created. No grout of any type will be used and . any disturbed areas will be filled with loam and seeded. Located Fox Ave. , Fishers Island. SCTM #6-1-2 TRUSTEE KRUPSKI: Anyone here who would like to speak against this project? Anyone here who would like to speak in favor of this project? GLEN JUST: I am' before this Board if there is any questions.. TRUSTEE KRUPSKI: We inspected it, and talked about it. Would someone like to make a motion to close the hearing? TRUSTEE ALBERTSON: So' moved. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEES HOLZAPFEL: Ii make a motion to approve said application. TRUSTEE ALBERTSON: Second. ALL AYES 7:27 p.m. - In the matter of J.M.O. Consulting on behalf of ROBERT SEARLE to construct a single family dwelling, second story decking, sanitary system, gravel driveway, regrade and remove from site approx. 900 c.y. of material in order to excavate for foundation and driveway, home heating oil tank to be located in basement (sealed) and tank shall meet or exceed all requirements of the SCHD, install and maintain a continuous line of staked hay bales on - top of erosion control bank. Located Private Road, Fishers Island.. SCTM #7-2-8 TRUSTEE KRUPSKI: Is anyone here who would like to speak against this application? Anyone here who would like to speak in favor of this application? MR. JUST: I am the agent for this application,. and it's been 4 years now for due process. TRUSTEE KRUPSKI: Again, I think we've been through this numerous times. We've' had our consultant go over it to find any inconsistencies and all those have been answered to our satisfaction and I think I would be happy to entertain a motion close the public hearing. TRUSTEE GARRELL: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE GARRELL: Move to approve the application. _ TRUSTEE ALBERTSON: Second. ALL AYES 7:30 p.m. - In the matter of CARLO DE GAUDENZI to install a 10' X 30' "Geoweb" boat ramp. Said boat ramp will be planted with spartina alterniflora and spartina patens after installation. Located� 3520 Ole Jule Lane, Mattituck. SCTM #122-4-P/o `26 TRUSTEE KRUPSKI: Is there anyone here who would like to speak against this application? Is there anyone here who would like . to speak in favor of this application? TANYA LACKENMEYER: I am the agent for the De Gaudenzi's if there are any questions. TRUSTEE KRUPSKI: Again, we've been around the horn with, this one. I don't think we. have too many questions. MS. LACKENMEYER: Land Use. personally will be doing this ` installation and we guarantee a two year survival rate. TRUSTEE GARRELL: Have- you done that before? MS. LACKENMEYER: Yes, ' we did one before and we sent pictures of that job. TRUSTEE KRUPSKI: What time of year will, you be doing this? MS. LACKENMEYER: In the fall or spring. TRUSTEE KRUPSKI: Do you have DEC approval? MS. LACKENMEYER: Not yet, no. We just faxed them the negative declaration. TRUSTEE KRUPSKI: They might have some sort of. . . .because it's herbitity I think we want give that some consideration as far as the time of year and the matter in which it's gonna be excavated. That' s my big concern there, the herbitity during installation. and I just wonder if the DEC doesn't have some standard plan that theg require, that the applicant go through. MS. LACKENMEYER: I haven't gotten any feed-back on it yet. George. Hammarth, who I have been trying to contact for a status, hasn't responded. TRUSTEE HOLZAPFEL: Did they give you a 'window' or not? ' MS. LACKENMEYER: No. TRUSTEE KRUPSKI: I don't think the one in Coram. . . .that wasn't into the inter tidal area was it? MS. LACKENMEYER: It was a little above it. TRUSTEE HOLZAPFEL: You need the opportunity for the plants to grown though. MS. LACKENMEYER: If we were to complete it in the fall, by spring time it would have . a good start. TRUSTEE KRUPSKI*: I think we would require a couple of rows of staked hay bales at one at mean high water, one at mean low water to keep that material from gaining a momentum and going down, and maybe at the top, three rows, to keep that water. . . .suppose you had frozen ground conditions in the winter and you get a lot of water cascading down there. And the sand of course, in the inter tidal area, wouldn't be frozen..: And that could cause a problem of scouring out into the compartments of the web. One condition I would like -to put on here, something that we used'; on the farm, is you use the material that's similar to grape netting to stabilize the soil, and the spartina would be able to grow through. I' ll entertain a motion to close the hearing. TRUSTEE HOLZAPFEL: So ,moved. . TRUSTEE CARRELL: Second. ALL AYES TRUSTEE KRUPSKI: I' ll.make a motion to approve the boat ramp with the plans as submitted with the condition that there be 3 rows of staked hay bales to be left in place until the marsh '.has established itself. one at MLW and one at MHW and one at the top of the bank, .and the one at the top of the bank has to extend along the bank at both ends in order to prevent lawn run-off from eroding the ramp. TRUSTEE. HOLZAPFEL: Second. ALL AYES 7:36 p.m. In the matter of DREDGE SPOIL SITES with regard to dredging the mouths oflcreeks in Southold Town owned by the Board of Trustees. The Board would like the input as to possible dredge spoil sites. TRUSTEE KRUPSKI: If anyone would like to make any comment in any individual creek, . please identify yourself. NATHAN HICKS: I'd like to address a situation. at the mouth of Orient Creek. I'd like to present a copy of the Coastal Erosion aerial. The area that I 'm concerned with is the area under the "S" in Southold. It would be area of the bulkhead at the end of Harbor River Road andithe mouth of the creek. I think the aerial photo would indicate the severe erosion that's occurred in that area because of the bulkhead, the prevailing grip in the. harbor which is east 'to west and the fact that the entire balance of the harbor � in that area is in pervious. All the way. through potato garden. The possibility of any natural replenishment of sand , to the dune has been precluded. In my, estimation the primary cause of this is one was the creation of the bulkhead in 1932 by the State of New York, added to that is the fact that they received permission at that time to alter the harbor bottom. When they dredged twelve below MLW adjacent to the foot of that street and along the front of my property that twelve feet as best as I can judge, still exists today. It has never filled in 6 inches. The beach spot of Orient- Harbor which would be at the far left of this now, in other words in the westerly direction, for centuries had been the known beach spot in Orient Harbor, and �it was the spot that the creek was attracted to. That' s where the water wanted to go where the deep water was in the harbor. Now it's finally going the other way. Also you can see from the little area where the creek opens out, in the north southerly direction, at the terminus of the harbor, it' s certainly at this stage it' s far too restricted an opening for a body of water, if you superimpose the area of Orient Creek, on a map of Orient, you would cover an area all the way across the Village of Orient., past the cemetery. And it's that body of water that' s forced out through this one little opening. As a Tesult, a large buildup to the west of that opening, is basically where the material from the front of this property has gone and everything from there goes west and goes west and then finally when they do work at the causeway they take tax dollars ,and they pay to move material out of town and it all comes from ;our end of the harbor. I.I've asked that the area be given consideration. It could take a substantial deposit of spoil. It would be ideal material. I'm in the process now preparing 'an application to try to repair the stone embankment that extends in the corner of that creek, which would in itself help retain this material. I have an aerial photo that I purchased this property in 1951 which would indicate even as late as 1951 the harbor line which is about the equivalent of the end of the bulkhead. At it's south westerly corner. This erosion back from that, point has taken place since 1951. There is no natural replenishment for it. I think the consideration—your looking for input for dredge spoil. I would only quickly asklthat I could produce documentation as to why I think the mouth of this creek should receive some sort of priority for an opening. . Not for navigational purposes but just for a life and safety purposes. ' Cause sooner or later a big storm is gonna come when that creek is full and that quadrant of a hurricane pushing the wrong way on the full tide and breaking through the small dune that I'm left with that's been eroded down because of this action and I think you feel. . . .I' . know you feel the high water because they do now, but the wave surge will carry all the over to Village Lane. There' s a tremendous . amount of water that' s just gonna break through there. It should be some alteration to it. The site would readily take umteen yards .of spoil. It would be an acceptable method of replenishment to the owner, and I would be acceptable to the community. An awful lot of people have over the years. who have used this beach as bathing. -It's left open for people, they use it for fishing for snappers, so on and so forth. It's practically non-usable at the moment. It' s eroded down to nothing but large stone at the bottom and it' s an evolution that wasn't caused by God yet I construe it basically due to public action, both the state of N.Y. , and doing the work originally. They have proposed to bulkhead the entire front of that at that time and the entire side of the creek. The highway subcontractor to the state in 1932 tried to sort the job to return up the creek and as a result the whole thing went down the drain and they worked off the end of the street only and not off of this property. , The continuation of the bulkhead at the end of the street, and there have been discussions about doing away with the bulkhead. It might slow a problem for only a few months. And then it would only become even worse. The primary thing would be to. . . . .if I could find some people who could put away the bifocals and look at these stringent regulations particularly of the DE'C, which do everything to protect the wetlands against intrusions by the upland owners, such as myself, but does nothing to protect me against the intrusion of the wetland on a valuable piece of property. I think it should be a two way street. TRUSTEE KRUPSKI: Anyone else? JOHN PIERSON: I didn' t realize this was on- dredge spoil sites, I'm not an expert on that. I did want to mention that Richmond Creek is getting very narrow and seems that the beach is being utilized by more and more people. As it becomes more and more narrow the current increases, and it's getting to be a very narrow width where people swim and. boats come in and out. It' s very difficult. I. don't know if. it' s related to this or not, but there seems to be an odor this year than the past years. The low tide has caused this or the water is not moving. TRUSTEE KRUPSKI: We've met out there with the Regional Director, Ray Cowan of - the DEC. We took him out there by boat this spring and. they had a problem, the DEC issues. the permits, the county does the work and all this is. done at the Town's recommendation. So three governmental agencies quite: often. . .there's a problem. So the county and the state were having a problem on Richmond Creek, and we tried to iiitercede ;on behalf of the Town residents to try to resolve it, and I think we did. But right now there' s. a dredge window and they can't dredge in the summer time. So this work should. be done in the fall. We discussed different areas to be dredged. Originally that creek went straight out in front of the Emerson place in front of the road ending and the mouth of it was almost all the way by the mouth of Corey Creek. Historically. When the county dredged they- failed to realize that the water wants to flow where it wants to flow and they made a straight channel out. Well naturally the water wants to fill in that channel and flow the way naturally wants. to flow. That' s why they have to keep maintenance dredging. NICHOLAS POTT: I also recommend the dredging in Richmond Creek. The last time there was a major dredging of Richmond Creek the area to the west of the creek was built up several feet. Since that time there's been quite a growth of marsh grass and also see trees now. We were anxious not to put any more dredge spoil on top of what is already there.. I've not. spoke now to the Park District but if the spoil was to be put in the eastern part of the creek, that would be. more of an appropriate place. TRUSTEE KRUPSKI: The fact that they keep putting it on the west side then the water keeps putting it right back in again. They' ll probably recommend putting it on the Park. District side this year. This might be a case where we alternate years. One side one year the next year the other side. JOHN COSTELLO: (Basically said the same thing but recommended Kenny Beach as spoil site) . RUTH COOK: (Stated that the posted signs that indicate speed. limits, need repair) . TRUSTEE KRUPSKI: I'd like to thank everyone for coming tonight. I ' ll entertain a motion to close .the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEES ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: I' ll take a motion to go off the public hearing and go onto our regular meeting. TRUSTEE ALBERTSON: Second. ALL AYES VI. RESOLUTIONS: 1. Larry Matzen on behalf of GARDINERS BAY ESTATES. requests a Grandfather Permit to include 261 feet of bulkhead and docking that adjoins the bulkhead under Permit #3818. Located. end of Old Orchard. Lane, East Marion. SCTM #37-5-23.2 TRUSTEE KRUPSKI moved to table the application pending CAC comments, and put on July 28th meeting. TRUSTEE HOLZAPFEL: Second. ALL. AYES V. ASSESSMENTS: 1.. . SOUTHOLD PARK DISTRICT requests .a permit. to. clear property on the east side of the Wharf House, Founder's Landing, Terry Lane of overgrown- weeds, small trees and beach grass with heavy machinery. SCTM #65-1-19.1. TRUSTEE KRUPSKI moved to clearing of overgrown weeds & small trees but no beach grass. A letter to this will be drawn up by Trustee Krupski.