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.