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HomeMy WebLinkAboutTR-09/29/1994 MV �FFO( Albert J. Krupski,President �p��S �COGy Town Hall John Holzapfel, Vice President = t 53095 Main Road P O,Box 1179 William G. Albertson y z Martin H. Garrell O . Southold, New York'l 1971 Peter Wenzel Telephone 0� Telephone (516) 765-1892 Fax (516) 765 1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES September 29, 1994 PRESENT WERE: Albert J. Krupski, President William Albertson, Trustee Peter Wenczel, Trustee Martin Garrell, Trustee Diane J. Herbert, Clerk Laurel Lee Macomber, Clerk ABSENT WERE: John Holzapfel, Vice-President CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE BOARD MEETING: Thursday, October 27, 1994 at 7pm TRUSTEE ALBERTSON moved to approve, TRUSTEE WENCZEL seconded. ALL AYES NEXT FIELD INSPECTION: Thursday, October 20, 1994 at 12 noon TRUSTEE GARRELL moved to approve, TRUSTEE ALBERTSON seconded. ALL AYES APPROVE MINUTES: August 25, 1994 Minutes TRUSTEE ALBERTSON moved to approve, TRUSTEE WENCZEL seconded. ALL AYES I . MONTHLY REPORT: Trustees monthly report for August 1994: A check for $1,853.53 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. Board of Trustees 2 September 29, 1994 III'. AMENDMENTS/WAIVERS/CHANGES: , 1. LOUIS FORMICA requests an Amendment to Permit #4281 to move the attached garage three feet to the left of the house as noted. in red on the enclosed survey dated January 19, 1994, and to move the beginning of the driveway approximately 30' to the left as noted in red on survey. Located Westphalia Road on Mattituck Creek, LILCO pole#23. SCTM #114-7-10.6 TRUSTEE ALBERTSON moved to approve the amendment, TRUSTEE WENCZEL seconded. ALL AYES 2.. Costello Marine on behalf of LOUIS BACON requests an Amendment to Permit *4346 to place a deposition basin 40' X 65 ' with a depth of -4' below AMLW. The dredged material will be placed in the dune restoration area with any excess to be trucked away to an approved upland area. Located just south of the entrance way to the Town launching ramp. SCTM #117-8-20 TRUSTEE WENCZEL moved to approve the amendment, TRUSTEE ALBERTSON seconded. ALL AYES 3 . Costello Marine on behalf. of LOUIS M. BACON requests an Amendment to Permit #4365 to install a temporary Geoweb ramp for the landing of the landing craft at Robin's. Island. Also, to install (3) ' 2-pile dolphins east of the launching ramp to be used as "markers" and to secure the launching craft that now moves out of the designated area during the westerly and northwesterly winds. Located Robin's Island. SCTM #134-3-5 TRUSTEE WENCZEL moved to approve the amendment, TRUSTEE ALBERTSON seconded. ALL AYES 4. En-Consultants on behalf, of HENRY LATHAM requests an Amendment to Permit #4138 to place 100-300 lb. armor stone immediately seaward of 57' of bulkhead. Located 845 Rogers Road, Southold. SCTM #66-2-40 TRUSTEE WENCZEL moved to table the amendment until the Trustees meet with Mr. Latham and the Soil and Water Conservation Service to -discuss the plans, TRUSTEE GARRELL seconded. ALL AYES TRUSTEE GARRELL moved to go off. the regular. agenda, TRUSTEE WENCZEL 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 Board of. Trustees 3 September 29, 1994 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 7:30 P.M. - In the matter of Ed DeReeder on behalf of NUNNAKOMA WATERS ASSOCIATION requests a Wetland Permit to remove -existing pilings and catwalk, restructure floats to form a single float and build a single catwalk to access the main float, add 6- 3 ' X 20' finger floats. This project is a reconfiguration not an expansion. Located Wampum Way & Wigwam Way, Southold. SCTM *87-2-42.3 TRUSTEE KRUPSKI: Is there anyone here who would like to speak against this application? I.s there anyone here who would like to speak in favor of this application? ED DE REEDER: Mr. Krupski, I just wanted to find out, did you receive our letter that we had posted to you last week, from our secretary, regarding the community? TRUSTEE KRUPSKI: Yes, would you like me to read that? ED DE REEDER: Okay, uh no, it was sent to you, I just wanted to make sure you had it and. . . TRUSTEE KRUPSKI: Regarding the .uh. . . ED DE REEDER: Regarding the community.. TRUSTEE KRUPSKI: The vote was 24 in favor, 2. opposed and 2 abstentions regarding this proposal. ED DE REEDER: Correct, just wanted to make sure you had that. .Um, I. really don't think we have to review anything unless there are any questions. TRUSTEE KRUPSKI: We might have questions. ED DE REEDER: Okay, I' ll stay here. TRUSTEE KRUPSKI: Well, you don't have to, we might not. Alright. Are we all familiar with this? ERNIE SAUER: If I may, I 'm Ernie Sauer, the President of the Association. I attended a Trustees meeting a couple of months ago, just to get the feel of how you fellas work. Um, my indication leaving that meeting was that it was very important to you fellas, gentlemen, ladies and gentlemen, that the community be in support of the project. Excuse me. We had very extensive conversation at our last meeting, and it was overwhelming, the support of the project from the community. That' s all' my, that's my statement. TRUSTEE KRUPSKI: . Thank you. So;,' we have before us the plan to replace six separate docks with one docking system that would uh, that would accommodate um, presumably 12 boats. Did you. . .Yes? ED DE REEDER: Excuse me, Al, it was originally 7 docks. Uh, that's what our DEC permit was based on. TRUSTEE KRUPSKI: Does that include the Bear dock? ED DE REEDER: Yes, it does. Board of Trustees 4 September 29, 1994 TRUSTEE KRUPSKI: Alright, now the Bear dock isn't included in this. And um, . now this plan is worked out with the DEC-, you have a DEC permit for this? ED DE REEDER: Yes, and an Army Corps. permit. TRUSTEE KRUPSKI: And an Army Corps. Marty. TRUSTEE GARRELL: Question about, could you fill me in on the status., could anybody .f.ill me in on the status' of the Bear dock now? JIM LYNCH: I'm Jim Lynch., I'm Frank, uh, Bear's, uh, son-in-law. I. do retain a permit for the dock and a DEC permit for the dock and as. I understand the way the configuration is-, it will not interfere with my dock and we- have no objection whatsoever. Thank you. TRUSTEE KRUPSKI: Thank You. See how this is, Marty, this is TRUSTEE GARRELL: I remember that one, yeah. TRUSTEE KRUPSKI: This is six fingers to replace the six, the six other floats. Uh, presumably, Mr. Lynch? JIM LYNCH: Yes. TRUSTEE KRUPSKI: That, that you .would need permission from the property owners association to put your dock in also. I would think. Is that correct, is this the property line here? Between your property and the property owners association. JIM LYNCH: No, I am more east of that. ERNIE SAUER: If I may? TRUSTEE KRUPSKI: Yes, please. ERNIE SAUER: The, uh, association owns the creek bottom, so we worked this whole thing together with. Jim Lynch, and his dock does not interfere with the, uh, association's thing. If he chooses to put the dock in, the likelihood is , that the association, I'm not speaking for all these members, but the likelihood is that we would say, sure you can use our bottom. TRUSTEE KRUPSKI: Alright, I. just wanted-. to avoid any future conflict there. ERNIE SAUER: There's no conflict. TRUSTEE. KRUPSKI: Thank You. Peter, you have any questions or comments here? TRUSTEE WENCZEL: Nope, not really. It's , it appears that uh, there's no net increase here. Am I correct, there' s no net increase in the number of boats? ERNIE SAUER.: Same. TRUSTEE KRUPSKI: The CAC recommended approval with conditions. Recommend approval provided the applicant replant the area with Spartina Alterni Flora, also if applicant removes the floating docks during the winter, that they be stacked and placed in the least amount of land as possible. Will the, will the floats be removed during the winter? ' ED DE REEDER: They will probably'be left floating in the winter. TRUSTEE KRUPSKI: Alright. And if they are to be removed, is there provision to haul them off of the marsh fringe? ED DE REEDER: We'd have to pick them up with a crane or pick 'em up on a ramp with a trailer, yes. TRUSTEE KRUPSKI: Alright. ED DE REEDER: But, Al, something in there about re-plant. We haven't disturbed any of the. beach. In other words, Board of Trustees 5 September 29, 1994 TRUSTEE KRUPSKI: Alright, it's a usual request of the CAC and the Board, where there' s an area of beach that we feel could support .a. growth of. our Spartina Alterni Flora, our Spartina Panes, and in this case, I feel that you could have a wide range of Spartina Alterni Flora in the inter-tidal area that would benefit, of course, everyone at large from the Creek's health standpoint. It would also benefit the property owner' s association. as, as protection of the .property, and you know what what Mother Nature can do to your, to your, property after two winters ago. ERNIE SAUER: If I may respond, Mr. Krupski? TRUSTEE KRUPSKI: Please. ERNIE SAUER: The DEC was very pleased with this plan, basically because we have a very large seedfield of grass, that grows, and is growing in and around the marina as it exists today, the boat basin as it exists today. It' s growing at a very nice pace on it's own. Uh, we would like to allow that a chance to just take over, we got a giant seedfield, our entire barrier. beach is covered, and that' s what, uh, Mr. DuBois was so pleased with., It is growing by itself, basically. TRUSTEE KRUPSKI: But, you could accelerate that,-the spread of that by, by transplanting it and you could, it's something the community could do, probably in a few hours,itself, taking plugs from the thick sections and transplanting 'em on the beach. It' s: not something you need an engineer for or anything like that. That' s something the community could do themselves. Any other uh? Are there any other comments? Do I have a motion to close the hearing? TRUSTEE -GARRELL: So moved. TRUSTEE WENCZEL: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Someone like to make a motion? TRUSTEE GARRELL: Move to approve the permit. TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: Want to put any, uh, any conditions on it? You want to follow the CAC recommendations? TRUSTEE GARRELL: Yeah, okay. You know, I: was .thinking, you know that' s almost mute, what they said, but let's put that in there, follow the CAC recommendations. TRUSTEE KRUPSKI: Alright, of replanting the Spartina Alterni Flora. TRUSTEE GARRELL: If necessary? TRUSTEE KRUPSKI: Where necessary. Wherever there's a bare stretch of beach. And that, and also that the ramps not be stored on the inter-tidal area during the winter. Do I have a second on that motion? TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES 7:40p.m. - In the matter of Latham Sand & Gravel on behalf of ROBERT R. GENSEL requests a wetland Permit to replace Board of Trustees 6 September 29, 1994 inkind/inplace 55' of 2 1/2-' - high wooden retaining wall which is normally above mean high water and no. additional fill will be necessary. _ Located Hobart Road, telephone pole #14 opposite house, cross street Landing Lane 1/4 mile south, Southold. SCTM #64-3-2.2 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of this application? TERRY LATHAM: Terry Latham, Latham Sand & Gravel, answer any questions the board may have. TRUSTEK KRUPSKI: The retaining wall. This is the one that I believe John Holzapfel looked at. Did he leave any notes? DIANE HERBERT: No. TRUSTEE KRUPSKI: There's. pictures here. DIANE HERBERT: Oh yeah, Mr. Holzapfel recommended that you do away with the retaining wall and just slope it and plant beachgrass, and I believed we called on that. ' I called your, your office, yeah. What, did you go along with that recommendation? TERRY LATHAM: No, not really. DIANE' HERBERT: Oh, okay. Explain it. TRUSTEE KRUPSKI: Alright. Uh, I have CAC comments here which recommend disapproval, CAC recommends disapproval because retaining wall is not necessary. Applicant should plant Spartina in front of the existing bulkhead to avoid the risk of erosion. Now what is the uh, what is the reason that this retaining wall would want to be replaced? TERRY LATHAM: It' s really served its usefulness as far as the structure goes. It's been repaired numerous times. It gets to a point where, do. you go to the expense of repairing it or just replace it? But the slope of the land, surrounding land and the adjoining , cement retaining wall that is there help the cost to repair this prohibitive against what anew one would cost. TRUSTEE KRUPSKI: Alright. See: this growth of- Spartina Alterni Flora in front of it. . . Is there anyone here who would like to speak against this application? DIANE HERBERT: John felt that they didn't need it. TRUSTEE KRUPSKI: Yeah. You can see from the pictures, it's pretty straight forward. DIANE HERBERT: He said they're gonna ask them to plant a buffer anyway, so why don't they just slope it? TRUSTEE KRUPSKI: But they're not gonna disturb the soil anyway. TRUSTEE WENCZEL: Right. TRUSTEE KRUPSKI: See? Although the heighth of this seems to be lower than two and a half feet. Is there a. reason to raise the increase in height? TERRY LATHAM: Well it's approximately two and a half feet out of the existing beach. The beach line varies a little bit. TRUSTEE KRUPSKI: There's a pretty good crook in it, will you straighten that? TERRY LATHAM: Yes. I 'll try and build a straight row. It either gets to a point sooner or later where it's not economically feasible to keep repairing a wall. There comes a point where you replace it. If it' s economically feasible. Board of Trustees 7 September 29, 1994 That's what I recommended to Mr. Gensel. It's been patched and patched .and somebody's nailed plywood on it to keep it from leaking and it's, you know. How far do you go before it's not economically feasible? TRUSTEE KRUPSKI: Um-hmm. Alright, we, it's just that the trustee who inspected it is not present tonight, and that' s where we're at a loss for some of the on-sight details. TERRY LATHAM: Is it possible to have an on-sight meeting to discuss this? What the objections are? TRUSTEE KRUPSKI: Yeah, if you like, we would. TERRY. LATHAM: It's an existing functional bulkhead, it's just through the winter storms, it shows deterioration as you can see, there's some scouring action in the back of it where it's leaking. All it's gonna do is get worse. TRUSTEE KRUPSKI: Now this, this ends on the South side of the property? TERRY LATHAM: No. TRUSTEE KRUPSKI: From this drawing, could you come up for a second please? On this drawing, it shows that it, it seems to end here. I.t seems to come across here and end. TERRY LATHAM: Right, it goes over this little beach area in here that goes up to this boat shed. TRUSTEE KRUPSKI: Okay, and what's to the south further there, is there a wall .there, or is that just natural grade? TERRY LATHAM: Natural Grade. Trees, and there's another dock over here. TRUSTEE KRUPSKI: Is there all Spartina in front here? TERRY LATHAM: Uh, over underneath this dock and south of that. There' s nothing in here, it' s all beach sand. TRUSTEE KRUPSKI:. Okay, okay. Anything on. that? TRUSTEE WENCZEL: Well, as long as the uh, Mr. Latham doesn't have any problem with us delaying action on it, maybe we, we'd be better to uh revisit, the sight. Because at this point, I-'m inclined to follow the recommendation of. the CAC and the Board member who inspected it. But. TRUSTEE KRUPSKI: Who was unable to be here. TRUSTEE WENCZEL: It actually would be appropriate to. . . TERRY LATHAM: Well., I'm not only speaking from my opinion, I. haven't spoke in detail with Mr. Gensel about it, but I think if it comes to the Board recommends taking it out and planting, he' ll leave it there. TRUSTEE KRUPSKI: Um-hmm. Sure. TERRY LATHAM: And it will just deteriorate further and continue to leak. I_ don't think he' ll remove it. TRUSTEE KRUPSKI: I. don't think, I don't think it' s it's so much the problem with it, the problem is the trustee that inspected it isn' t present to give us a, and the reason one trustee inspected it is because it didn't seem to be a major project that one trustee couldn't look at. TRUSTEE GARRELL: And I think it's also a, I guess it's sort of become a, you know, a policy thing that we're just more cautious these days with doing, with what standard, you know, retaining walls and bulkheading, and you know we want, we.'d like to have a look and see if there might be other ways, like sloping and Board of Trustees 8 September 2.9, 1994 planting and obviously, it' s a judgement call in some cases. If the argument you make is strong and you know the turf, you know, we. . TERRY LATHAM: Well, there' s an existing wall there now, you're not asking for something that's not there. TRUSTEE GARRELL: I know, I: know, that's what I 'm thinking too. TRUSTEE KRUPSKI: You have a problem with that? TRUSTEE ALBERTSON: I. have, personally, no problem with him doing it at all. Personally. TRUSTEE KRUPSKI.: Do you have a big problem with this Peter? TRUSTEE WENCZEL: Uh, only in the fact that we've had two recommendations to deny it. And, um, unfortunately, I- did not look at it. TRUSTEE KRUPSKI: That's our problem. TRUSTEE GARRELL: Yeah, that's the problem. (Too many people speaking at once, couldn't hear. ) TRUSTEE KRUPSKI: Do I have a motion to table it? TRUSTEE GARRELL: Move. to table. TRUSTEE KRUPSKI: To recess the public hearing? TRUSTEE GARRELL: Move to recess the public hearing. TRUSTEE WENCZEL: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Alright, thanks for your, uh, cooperation. TERRY LATHAM: Any idea when, or you' ll notify? TRUSTEE KRUPSKI: Well, you don't want to wait till the end of October. TRUSTEE GARRELL: Let's do it. TRUSTEE KRUPSKI: So if you can, if you can. . . TRUSTEE GARRELL: I' ll look at it right away. TRUSTEE ALBERTSON: I' ll look at it right away, too. TRUSTEE KRUPSKI: Alright, why don't you contact our office on uh, on Monday. ' And then we' ll have to, we' ll. have to uh, have the public hearing on it to, uh, vote on it, so you' ll have to wait till next month anyway. Since we recessed- the hearing. Alright then, then we' ll put it on, then it'd be easier for us then to put it on field inspection, the regular field inspection day, we' ll all go down there as a board, we'll meet with you. Diane, could you, uh, .contact Mr. Latham and set up a time? DIANE HERBERT: Okay, next field inspection is the 19th of October. Maybe. If it's a Wednesday now, we're not sure now. TRUSTEE KRUPSKI: Diane will contact you on that. Alright, thanks. TERRY LATHAM: Thank you. TOM SAMUELS: Tom Samuels here, and I just wanted to make a,. get a position where the board stands on policy here. It, would seem to me that if this wall was a, a permitted structure, I I . would have no way of knowing that, but it would seem that if the owner has a vested interest in that structure, uh and should be allowed to replace it. TRUSTEE KRUPSKI: However, the board has had, is empowered. to. make suggestions and recommendations that could be more beneficial not only to the estuary system, but also to the owner, and we wouldn't want to just go ahead and just blindly Board of Trustees 9 September 29, 1994 approve everything without exploring any possibility that might benefit everyone. So we don't want to just, we don't just want to stumble along. We're trying to make the best decision. -TOM SAMUELS: I_ appreciate that, but it would seem that there.'s a: legal question here that has to be answered by the Town Attorney or someone. Because if it were a. permitted structure, one has to assume, and one cannot deny that Trustees past used reasonable judgement in granting permits. TRUSTEE WENCZEL: Well, is it, is it a permitted structure, or is it something that? TRUSTEE KRUPSKI: Where's the file? TRUSTEE WENCZEL: It may predate. TOM SAMUELS: It may predate the wetlands regulations, is what you're saying? TRUSTEE WENCZEL: It may. TOM SAMUELS: Even in that case, I believe if I 'm correct, and I 'm no lawyer, but I. believe I 'm correct in saying that in the absence of the requirements for a permit, if, when the tidal wetlands regulations were passed. to the trustees by the town board, that this is a preexisting, non-conforming, if you will, or whatever the legal basis of it is. TRUSTEE KRUPSKI: I. don't know. TOM SAMUELS: If I am to say to my people that call me, that you have a structure, I may not be able to get a -permit for you to retain that structure, that creates quite a problem. TRUSTEE KRUPSKI: Um-hmm. Yeah, but we're not here to try and uh help you're business along, and I don't mean it personally. TOM SAMUELS: I. appreciate that but. . . TRUSTEE KRUPSKI: But Let me finish, but we're here to get all the information that's necessary to make a good decision, that's why we didn't deny it, that's why we didn't say oh no, it's out of the question. And without getting all the information, let me finish, without getting all the information,. it would be foolish of us to make a decision. And it' s that simple. TOM SAMUELS: That's not my point. I'm not speaking in behalf of this particular application. I just need a clarification as to whether replacing an existing structure, an existing legal structure is, does not go with the original premise for the structures, the structure or an absence for the. town requirement of the structure was it not grandfather_ed when the structure was built? I just need an answer to that question. This particular case raised the issue. TRUSTEE KRUPSKI: I can't- give you an answer right now, we're in . the middle of: our Public Hearings. I. would be happy to discuss it with you at the end of the meeting. TOM SAMUELS: Thank you. 7:52 p.m. -- In the matter of Diane Herold on behalf of BETH BLEVINS requests. a Wetland Permit to relocate existing house to parallel property lines in order that a 24' X 24' garage may be built on the east side of house, a 12' X 33 ' deck on west side of house, a full foundation instead of concrete block piers. an enlargement of existing second floor, and enclose an existing Board of Trustees 10 September 29, 1994 screened porch. Located 640 Haywaters Drive, corner of Mason Drive, Cutchogue. SCTN.#104-5-23 TRUSTEE KRUPSKI: Is there anyone here to speak on behalf-- of this application? Is there anyone here to speak against the application? DIANE HERBERT: Okay, originally, she asked for a waiver, we told her to go for a full permit. TRUSTEE KRUPSKI: CAC recommends approval provided the following stipulations are followed: move the cesspool to the front yard, near testhole #2, as far away from the wetlands as possible, and restore the natural vegetative buffer. DIANE HERBERT: She has a letter in here regarding the cesspools. TRUSTEE- WENCZEL: There's nobody here to represent this uh? TRUSTEE KRUPSKI: No, and the letter here, regarding the cesspools from Diane Herold, architect states: Thank you for informing me of the required fee of the above application, as you requested, I. indicated that the existing cesspool on the west side of the house will continue to be used. Alright, we looked at this, we denied a waiver, because it was marginally within our jurisdiction. They have, um, they have, if you can remember, that really large buffer., about a_ 55 ' buffer, I. believe between the wetlands and the house, and um, does the board have any further comment? TRUSTEE ALBERTSON: No comment. TRUSTEE WENCZEL: No comment. TRUSTEE GARRELL: No comment. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. TRUSTER KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Alright, I ' ll make ,a motion to approve this application with a condition that they, uh, some sort of snow fence or debris fence be erected, uh, between the 8 and 9' contour lines on the map. On the, on the submitted survey. TRUSTEE WENCZEL: I_ also suggest that they uh, they follow the recommendations from the CAC. TRUSTEE KRUPSKI: I_ don't think we have the authority to have them move the cesspool.. TRUSTEE WENCZEL: Well, we can condition the permit based on that. TRRUSTEE. KRUPSKI: How can we do that? There it- is, right there. It's over here, it's more or less right there. They're about 551 . I.t's a gradual slope. Do you remember this one? It's all woods here. TRUSTEE GARRELL: I'd love to see a possibility of moving that cesspool. (Too many people speaking at once, couldn't hear. ) TRUSTEE GARRELL: What's the reason why the cesspool can't be shifted here, to that sector? It just seems like it's a bad location. TRUSTEE WENCZEL: I don't see any reason. TRUSTEE GARRELL: I don't see any reason. Board of Trustees 11 September 29, 1994 TRUSTEE WENCZEL: I think we. should either recess the hearing, till we get someone here representing the applicant to discuss it, or we can make a resolution, and include the recommendations of the CAC. TRUSTEE KRUPSKI: What do you think? TRUSTEE GARRELL: Let's recess it, and talk, talk to the applicant. TRUSTEE KRUPSKI: Well, we already have and I mean, we already requested that, and she sent back that, uh. If we recess it, it goes for another month though. TRUSTEE GARRELL: You know, if they were in a hurry to move it, and there's nobody here to talk on it, that, so that leaves you with the impression that this is a job that will- be done down the line, and so, uh, it's a matter of doing it right. TRUSTEE KRUPSKI: Um-hmm, I 'd rather close the hearing and hold off on the vote though. DIANE HERBERT: Recess. TRUSTEE ALBERTSON: Alright, so moved. TRUSTEE KRUPSKI: No, no, we' ll make a we' ll make a motion to close the hearing. TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Okay, we' ll hold off on the vote, and I ' ll contact Mrs. Blevins tomorrow. 8: 00 p.m. - In the matter of Dennis McMahon on behalf of VINCENT MANETTI requests a Wetland permit to build a 40' X 28' deck. Located West Shore Drive, Reydon Shores, Southold. SCTM #80-3-5 TRUSTEE KRUPSKI: Is there anyone here who would like to speak against this application? Anyone here who'd like to speak in favor of this application? CAC recommends approval without any conditions. Uh, Peter, you inspected this, do you have any comments to make? TRUSTEE WENCZEL: Uh, John inspected it, I_ bowed out, because this is one of my neighbors. TRUSTEE KRUPSKI: Oh, okay. Alright, I.' ll make a motion to close the hearing. TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All in favor? TRUSTEES GARRELL, ALBERTSON, AND KRUPSKI APPROVED, TRUSTEE WENCZEL ABSTAINED TRUSTEE KRUPSKI: Do I have a motion to approve this? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All. in favor? TRUSTEES GARRELL., ALBERTSON AND KRUPSKI. APPROVED, TRUSTEE WENCZEL ABSTAINED Board of Trustees 1.2 September 29, ` 1.994 8:01 p.m. - In the matter of John Geidemann on behalf of. MATTITUCK- SALTAIR INC. requests a Wetland and Coastal Erosion Permit to replace existing 4' X 40,' stairs to beach (top flight only) , repair balance of stairs to beach inkind/inplace being careful of existing growth on hillside with a 4' X 4 ' platform at top of stairs. Located Soundview Avenue, Mattituck, at LILCO pole #35. SCTM #94-1-5 Note: Applicant also requests waiver for survey showing 5 ' contours. TRUSTEE KRUPSKI: Is there anyone here who'd like to speak in favor of this application? ` H. ARTHUR MELOSH: My name is Arthur Melosh, I'm the President of the Mattituck Saltair Inc. and I'm here to answer any questions. TRUSTEE KRUPSKI: Does anyone have any questions. about this? This is to move the stairs? H. ARTHUR MELOSH: Just the top part. TRUSTEE WENCZEL: Didn't we, we asked for a survey on this: DIANE HERBERT: We have it. TRUSTEE WENCZEL: Oh, you have it, okay. TRUSTEE GARRELL: Yeah, and I inspected it, I have no problems with it. TRUSTEE KRUPSKI: Is there anyone here who would like to speak against this application? Do I have a motion to close this hearing? TRUSTEE GARRELL: So moved. TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE GARRELL: Move to approve. TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All in favor? , ALL AYES DIANE HERBERT: We were supposed to do the scallop season. TRUSTEE KRUPSKI: No, we have one more, two more before that. We' ll finish those. 8.: 02 p.m. - In the matter of En-Consultants on behalf of LEONARD ROSEN requests a Wetland Permit to. construct a timber. dock consisting of a 4' X 24' fixed walk elevated ( 4' above grade of marsh) a 4' X 14' hinged ramp, a 6' X 20 ' float secured. by 2 pilings and a 5' wide path from house and dock will be cleared through the brush. Located 3145. Main Bayview Road, . Southold. SCTM #78-2-12 TRUSTEE. KRUPSKI: Would anyone here like to speak against this application? Would anyone here like to speak in favor of this application? Let me read the CAC comments before I_ get Peter' s comments. CAC recommended approval. , Um, and that was that. Okay, Peter, you inspected the sight. TRUSTEE WENCZEL: Um, yeah, I looked at it, I really don't have any big problem with the dock, I think it should be cut down to 3 ' width, the catwalk and the ramp. Board of Trustees 13 September 29, 1994. TRUSTEE KRUPSKI: You don't think it' ll interfere in any way with uh, that was my concern was with the easement, the drainage easement or uh. TRUSTEE WENCZEL: I- don't think so. Uh, this, you know this is a dock that was permitted and they never built it, and the permit ran out, so they're reapplying for the same dock essentially. TRUSTEE KRUPSKI: Alright, the plans I have show the dock to be 5.' off the property line, is that correct? TRUSTEE WENCZEL: Right, I. think so. TRUSTEE KRUPSKI: Alright, normally, you know, we'd like to see the traditional board policy has been 15 ' . ROB HERMANN: Do you have a copy of your last permit? TRUSTEE WENCZEL: That one stipulates 51 . Part of the reason for that is if you brought it all to 15' you're essentially up on the mudflat. So,. I 'd just leave that. I: have some questions about whether the recent work there is permitted. In other words, it looks like there's been a lot of cutting of Phragmites on the property and uh. TRUSTEE KRUPSKI: Well, . on the permit that was issued on July 12., 1992, it specifically states the applicant is to have a 50 ' buffer area. I - TRUSTEE WENCZEL: I think the majority of that buffer is there. I'm not sure, there's some, some kind of Phragmites on the south side. of the house. Um, I looked at it today, I- have not had a chance to look at the old. permit. This application I 'm looking at is for the dock. TRUSTEE. KRUPSKI.: Isn't this old permit identical. to the new one? ROB HERMANN: Um, yeah, except there was an amendment, uh, with your last permit, uh, resolved that the Southold Town Board of Trustees amend permit #3931 to allow clearing to take place 10 ' from line of deck, and that went along also with the DEC amendment which allowed them to cut through some of the Phragmites and the brush between the house and where the walk was to, begin- for the dock. TRUSTEE KRUPSKI: Okay, I don't think that's ROB HERMANN: The DEC Permit is still uh, well is in the process of expiring and getting an extension. TRUSTEE WENCZEL: Alright, well, that doesn't necessarily factor into this decision. That's really a separate matter. TRUSTEE KRUPSKI: Right. What about the length of the dock? Where does that start? What sort of elevation does that start on, 'cuz it's unclear as to what' s shown on the survey here. I mean, do you have to walk through the marsh to get to the -dock? TRUSTEE WENCZEL: Walk through the Phragmites. . . ROB HERMANN: It's not. marsh, no. TRUSTEE WENCZEL: . . .which is, which is probably 10-12' high there. TRUSTEE KRUPSKI: Oh, okay. TRUSTEE WENCZEL: Then you come up to, to where there is a drain, a road drain, and you know, it's maybe about two feet above sea level there, maybe three feet above low water. So, it's you know, it's a dock. Board of Trustees 14 September 29, 1994 TRUSTEE KRUPSKI: Okay, are there any other comments? Do. I have a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE WENCZEL: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Peter, you want to make a motion on this? TRUSTEE WENCZEL: Yeah, I- make a motion that we, uh, grant a permit for the dock, providing that the, uh, fixed walkway is reduced to 3 ' X' 241 , and that the hinged ramp is reduced. to 3 ' X 1.4' . TRUSTEE KRUPSKI: Do I have a second on that? TRUSTEE ALBERTSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES 8: 07 p.m. - In the matter of Karen Oxholm on behalf of WILLIAM MANOS requests a Wetland Permit to construct a two-story dwelling, plans to include to retain as much vegetation as possible and foundation to be constructed on slope of land eliminating full- height of basement construction. Located north side of Soundview Ave. , 606 ' west of Horton Lane, Southold. SCTM #k54-5-46.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of this? KAREN OXHOLM: Yes, I would. Karen Oxholm. In regard to our phone conversation when I was down south, I thought I was coming .to the work session to go over that rotation we wanted to discuss.. TRUSTEE KRUPSKI: That's. right, that was a- recommendation of numerous board members, and I believe. of some CAC members, and we wanted to know if that would be possible to do that, just to eliminate .as much impact as the house would have on the marsh. KAREN OXHOLM: Well, I- think why we were discussing doing this . at the work session, was that so we could take a tracing and start, uh, I had to better understand what you were talking about. TRUSTEE KRUPSKI: Okay. KAREN OXHOLM: So, should I just. . . TRUSTEE KRUPSKI: Well come right up, please. Sure. KAREN OXHOLM: . . .bring this up to you and. TRUSTEE GARRELL: Was this the house with the bog? KAREN OXHOLM: This was the house without any property. TRUSTEE KRUPSKI: No, this was the house with all the notes going through the woods. KAREN OXHOLM: The ribbons. TRUSTEE GARRELL: Oh, okay. KAREN OXHOLM: I' ll just use this copy, the black is a little easier. And, because I'm not at the advantage of being able to really design the house yet, because I'm not to sure what we can do. TRUSTEE KRUPSKI: Oh, I see. Board of Trustees 15 September 29, 1994 KAREN OXHOLM: That I don't have approval from the client to really go ahead with some better TRUSTEE KRUPSKI: Oh, Okay. KAREN OXHOLM: Better designs, but I think I'm pretty capable of getting a better design. So when you said in the letter 901 . TRUSTEE KRUPSKI: We meant like that. Like so. KAREN OXHOLM: But that makes it impossible then, well, I: could just reshape the house somewhat so it conforms more to that. The idea of this wing was, was that wouldn't even have a foundation, probably underneath it. That was to save the, uh impact somewhat. Because the living space. This is the garage. . . And then within the setback of Soundview Avenue. TRUSTEE KRUPSKI: Oh, that's a 50 ' setback? KAREN OXHOLM: Yeah. So, there's literally, on this piece of property, if you were to go back 100 ' feet here, and to stay away from the neighboring wells with the septic, there's literally less than 100 TRUSTEE KRUPSKI_: Building envelope, yeah. It' s limited. KAREN OXHOLM: It's very. limited. And then getting a driveway in makes it even a little more difficult. I- would hate to see something where the, uh, garages are right on the Soundview, uh, right on the road. That was one thing that could be done by changing the shape of the house'. But my- thought was to have the living room, dining room, and kitchen area over in this area with the views of, the reason they bought the property was the view of the pond, the view of the sound. TRUSTEE. KRUPSKI: Understandable. KAREN OXHOLM: But, if necessary, I told them what I. probably could do is design something where we'd only put some pilings into the uh, into the ground there, without really digging a foundation, and then going with this concept, the first concept was with- a lower level, but on a slab. So that, in, within the retainment, the contour of the hill, that' s where we got the full basement just in this section here for .mechanical room and some storage. TRUSTEE KRUPSKI: Okay, and there'd be a second story above that? This would only be one story there, equal, level with the basement? KAREN OXHOLM: This, this is a little bit of what, I just happened to come across this recently. This is what, this is right on the water, of course, we're not talking about that, but this is somewhat the idea. From the front of the house, if Soundview avenue is over here, you'd only see the first level on the garage side over here. And you would see maybe a dormer on the top of the roof, but as you went down the . hill towards the water side, you would capture more of this kind of look by using the. lower level which is just on the slab, so it wouldn't be a full foundation built there, it would be the full foundation part only enough for maybe one room and a. mechanical room would be back into the hill. It makes more sense not to have to excavate. As it is now, we have to excavate to such a degree to get a septic system in there, I don't even know if they're gonna want us to build on this. You know, 'cuz I just got word from Board of Trustees 16 September 29, 1994 the health department that they want to watch the hole go in. You probably got your, your notes on that from them. TRUSTEE KRUPSKI: I don't think we have anything from the health department, .yet. KAREN OXHOLM: They want to see, before they give a permit, they want to see, let me show you that, they want to see the hole, "cuz they think it's gonna be 50-60 feet, I_ went through that once, and I know, you know. TRUSTEE GARRELL: The constraint on that is what, the neighbor's well or something? KAREN OXHOLM: No, the constraint on that is that it's such a clay and water area, so it would have to be back, uh filled with gravel. TRUSTEE KRUPSKI: And that's, the septic system is above the 20' elevation on this? KAREN OXHOLM: Yeah. See, that was my other thought, I was trying to get this so that the, the main waste of the house would come out to this location, for the betterment of the septic system, so we start switching the house around, then we have to go through a garage and everything else to get to the septic system, and, it just didn't make sense to me at all. TRUSTEE KRUPSKI: Okay, does any other board member have any comment on this, or a problem with the original plan? KAREN OXHOLM: This is uh, if you just want to see that um, Bob told ,me the other day, from the health department. So, you 'will be getting this, it says a copy is going to you. TRUSTEE KRUPSKI: CAC recommended disapproval_, because it would not be within 75' of the wetlands if the house is relocated on the property; have applicant build a smaller house to fit .the lot size. KAREN OXHOLM: Okay, they live down, they've been living down the block on a seasonal basis. I don't know how many years, 2.0 some odd years. They're at the corner of Kenny and uh, Soundview. They purchased this property 11 years ago, when it was. TRUSTEE GARRELL: This is Judge Manos? KAREN OXHOLM: Excuse me? TRUSTEE GARRELL: This is Judge Manos? DIANE HERBERT: His brother. KAREN OXHOLM: This parcel was subdivided by George Penny, it was George Penny's parcel. They weren't interested in building at that time, because they were waiting for their retirement. They have a house .that's about approximately 2,000, maybe 2200 square feet down the block,. it does not handle their children and grandchildren on the weekends when they come out and the holidays, so this house has to be, we worked with that, how many rooms it must be in order to otherwise they won't bother, you know, it' s. just a waste, up around that 32 to 3600 square feet. So, what we have here is a tiny little speck of this whole property, where the house, if they wanted a 2200 square foot house, they would just stay down on the corner. But they bought this when, when it was permissible. Plus, they didn't understand the clay situation, and the land and the boulders and Board of Trustees 17 September 29, 1994 everything else, so they .already, I clued 'em in on that months ago. TRUSTEE KRUPSKI: Okay, and you realize this, because of the proximity of the wetland which we consider to be valuable for wildlife purposes and what-not, we would want to impose a- 50' buffer here, as far as. a vegetative, non-turf buffer down to the wetland, so there could be limited clearing by hand for a view. You know, you could trim the trees through for a view. KAREN OXHOLM: Oh, I told them that, I told them that .6 months ago, not to touch. TRUSTEE KRUPSKI: But there wouldn't be any disturbance of the soil, really below. the 15' contour line, really, which would be here, see. Which gives them room, which gives them room for , you know .for activity for the septic system, that gives them plenty of lee-way: KAREN OXHOLM: They do want to keep a whole- natural look, anyway, and I 've been preaching it so much, I think they now, they'r.e even looking forward the, because the neighbors didn't, and they can see what the lawn looks like going down to the wetland and it's not that attractive. TRUSTEE KRUPSKI: No, no. KAREN OXHOLM: It isn't. So, they're in full agreement with that, matter of fact, they're anxious to, to work, I wanted to work like with a little patio that just goes right up into the natural vegetation. I just hope with all this going on that we don't end up having to take too many trees down and everything because of the septic and such, but there was a new boundary set up, uh, delineated by the DEC and I think that, that was done, I think, on the 29th of August, you' ll probably have information, from them. So, there are new ribbons, um. ties, on the trees down at the wetland. 'Cuz I thought, it looked to me like maybe we had another five or ten feet than we thought, if you remember our discussion, maybe that was Jill and I were talking about that. TRUSTEE KRUPSKI: Probably, yeah. KAREN OXHOLM: It looks like we. might have more than this- shows, however, my poor surveyor just lost his wife and I didn't want to ask him to have a new survey done, so. TRUSTEE KRUPSKI: Right, um-hmm, that' s understandable. KAREN OXHOLM: So, um, what I 'm interested in myself right now is to see what the real survey says now. We might have more than we think. TRUSTEE KRUPSKI: Well, at any rate, I think the_ 15 ' contour would be- a good point of reference there. Um. . . KAREN OXHOLM: I totally agree. TRUSTEE KRUPSKI: The rest of the board want to take a look at that? As far as the- non-turf buffer of non-disturbance. Here's a copy to send down to Peter. .Send- that down to Peter. There's roughly 50' by the house, and then it follows, it allows the applicant room for activity there, of course, you know limit the activity. there. KAREN OXHOLM: Definitely, that's why they want it to be like a hide-away and don't even want it. f Board of Trustees 18 September 29, 1994 TRUSTEE GARRELL: You know, the problem is that you've either got a hide-away which is small or you've got a big house for the kids and grandchildren, I mean, and that's, you can't look both ways. Obviously, they want something big. KAREN OXHOLM: But, no, but that's why I 'm trying to use some of that lower space for part of the living space which so many houses would just have as an empty basement. So, V m trying to take advantage of space that other people wouldn't even be using. And I can shrink and play with this, if they ever give me approval to ever really start designing it, for all I know, they might have some other, somebody else design it, like Penny Lumber. So, right now, I 'm just. . . TRUSTEE KRUPSKI: Any other comments from the audience? Any other comments, Peter? Okay, do I have a motion to close the hearing? TRUSTEE GARRELL: Moved. TRUSTEE ALBERTSON: Second.. TRUSTEE KRUPSKI: All in Favor? ALL AYES TRUSTEE KRUPSKI: Someone like to make a motion on this application? Alright, I ' ll make a motion to approve this application, provided that there be a- minimum of a 50' buffer between what shows up on the survey, the DEC, uh flagged wetland line, that will show up on the new survey, and no disturbance below the 15' contour line, and that the house should uh have gutters, liters, and drywells. KAREN OXHOLM: Definitely, Okay. TRUSTEE KRUPSKI: So there will be no disturbance, I mean no mechanical disturbance or no turfed areas within the 1.5' and below the 1.5' contour line. KAREN OXHOLM: But I can have a footing go up to that 50 ' line if it' s not within, before the 15 ' okay. TRUSTEE KRUPSKI: Well, you've got leeway by the house with the 15' constraint, 50' constraint. right there, see? You've got the 50 ' buffer there. KAREN OXHOLM: Right. I even think I can even get it back & little further. TRUSTEE KRUPSKI: Alright. Thank you. TRUSTEE ALBERTSON: I-' ll second that. KAREN OXHOLM: I was, the hundred was impossible. Thank you. TRUSTEE- KRUPSKI: All in favor? ALL AYES 8:20 p.m. In the matter of SCALLOP SEASON board to consider when to open the commercial scallop season. TRUSTEE KRUPSKI.: Uh, before we open the, the. hearing to the public, I-'d just like to make a couple of comments: One, we realize people are uh, excited about this, and that there's been a lot of things floating around town, regarding- the scallop season. Uh, so if everybody, it'd be a- lot easier, and a lot shorter night if everybody comes up, if they want to speak, speak your peace, don't get into a argument with anyone else, speak to' the board and that' s it, we' ll make a -decision. The Board of Trustees 19 September 29, 19,94 second thing is, we're not required to have a public hearing on setting the scallop season, we're doing this, because we're looking for more information, so that we can make a better decision, that affects the resource of the scallops, because obviously this decision isn't only going to affect this year's opening, it might have uh, long range affects on the scallop resource, which we don't want to have any adverse affects on that. And before we start the hearing, um, a board member asked Mr. Chris Smith from Cornell Cooperative Extension Seagrant to make a presentation on different scallop limits° and different scallop seasons in New England towns. Mr. Smith, could you give us a brief run-down? Excuse me, do we all, have copies. of this before we start? TRUSTEE GARRELL: No, I. don't. TRUSTEE KRUPSKI: Did we, did we make 5 copies? Alright, and these are, these are limits in different areas. Give that one to Marty. Does Peter want one? And I don't have one for the East Hampton. TRUSTEE WENCZEL: I think the one thing- that we want to well, the one thing that's really most important, in this presentation is when the commercial seasons elsewhere start. Uh, the, the town 'code has been .changed recently to allow the Trustees to set the scallop season on a yearly basis, based on economic and . environmental factors. Um, I_ think we all- have to recognize that economics. is a. very important part of this and you know this is a, an important fishery for an awful lot of people in this town, and in order to uh, to set the season at the right time, we have to consider how we can put our scallops into this market in the northeast. CHRIS SMITH: We were able to survey many of the towns in Massachusetts, um, for their scallop regulations, as well as the uh, neighboring towns here on Long Island. And I ' ll just run down each town, and give you some of the features about their, uh, harvest units, as well as, uh, when they open their seasons, as well as, um, when those seasons are set, and who sets those, uh, how flexible they are from year to year. Um, the Barnstable township, um, the recreational limit is, uh, one bushel per week, and they have something called a family limit, the family limit there means that you have one person with a permit., and they can' grandfather in anybody else that's on the boat, like if you have' friends or relatives that want to help scallop, but you can not exceed one bushel for all those people, and anyone eighteen years or older can get their own permit,. but if you're less than eighteen years, you have to work on somebody. else's, what's called a family permit. And we asked them three or four times, is that one bushel per day, or per, week, and they said one bushel per week.. Um, for the commercial, they set the uh, the limits form year to year, depending on the availability of scallops, which, um actually their bay constables determine, um, how many scallops are around that year, by doing some limited surveying and dredging in their waters. Um, when we took this survey, the limits had not yet been set, but in ' 93, the limits were five level fish totes per day. Um, in years ago, the opening was October 1st, however, now they've um, delayed it, Board of Trustees 20 September 29, 1994. and most often, in the past few years, - it' s opened up the last week in October, or beginning of November for family permit holders, and the commercial permit holders are a week later. In Nantucket, the uh, recreational season is opening October 1st, and runs to March 31st, and it's one bushel per week per permit. They made no mention of a family permit, I. think each person is welcome to their bushel. Uh, the commercial season is opening November 1st in Nantucket, and it will be five, uh level'. fish totes per license, or ten totes per boat, per day, if you have two license holders on each boat. Um, and just as a, an aside, Nantucket is responsible for over 500 of Massachusetts landings, and have some extensive stocks there, and then Massachusetts is responsible for a large majority of the landings on the east coast, here, at least from New York, north where scallops occur. So, when Nantucket opens, it has major impact on the price and availability of scallops, regionally. Um, in Edgartown, which is on Martha's Vineyard; the recreational um, opening, is October 1st and runs to March 30th, it's one bushel per permit, per week. Commercial harvest is going to open up November 1st in Edgartown, and they hadn't determined, as of about a week and a half ago, what the limit was gonna be commercially, but it's gonna be between uh, ' three and six bushels per day. Um, in Yarmouth, the recreational limit is one bushel per week, per family, in the case of Yarmouth, it' s age 16 as opposed to Barnstable, previously mentioned, was 18. Um, the commercial is usually four ,or five bushels per day, depending on the availability of stock, again, there's another township that changes the quantity, uh, reflecting the availability of scallops. Uh, the dates are usually the beginning of November, um, and they allow the recreational permit holders to begin about a week earlier. This year, the dates haven't been set for Yarmouth yet. Um, East Hamden, um, the recreational will open up October 1st, and their limit is one bushel per week. The commercial harvest is um, October 1st also, um, and it's ten fish totes per day, again, a maximum of two permit holders per boat. Um, in Nausett Bay, the season begins the third Sunday, or the first Monday after the third Sunday in October. The recreational limit again, is one bushel per week. Commercial is five fish totes per day. Uh, limit again of two permits per boat. Um, in Rhode Island, uh, they do not require a recreational permit, uh, recreational harvesters are allowed one bushel per day, their season, um, October 1st. The commercial, you need permits in Rhode Island for commercial harvest, and it's five bushels per day, and their season, so far, slated to be October 1st, but I think what they actually meant October 3rd, which is the first Monday. For our surrounding townships, uh, East Hampton, recreational opening will be October 17th, and the quantity in East Hampton town waters for recreational harvest is one bushel per person, per day. Uh, the commercial opening for East Hampton will be October 17th, the quantity restriction will be five bushels, um, with ten bushels per boat if you have two permit holders on a- single boat, In Southampton, the recreational opening will be October 24th, with one bushel per Board of Trustees 2.1 September 29, 1994. person, 'per day'. The commercial opening will also- be October 2.4th, same day, 1.0 bushels per person, or 20 per boat if you have two permit holders. On Shelter Island, the recreational opening will be October 17th, with uh, a half of bushel per person, ;.per day. Commercial opening will also be October 17th, and it's five bushels per person, per day. That was the results of the survey that we took. TRUSTEE KRUPSKI: Thank you. TRUSTEE WENCZEL: I just have a question, from your understanding of what's around, uh, Massachusetts, and on the island, who do you expect to be the major producers to be? CHRIS SMITH: Um, Nantucket, without a_doubt. TRUSTEE- WENCZEL: Nantucket, without a doubt? CHRIS SMITH: Yeah. TRUSTEE WENCZEL: What about Southampton? CHRIS SMITH: I think Southampton has um, a lot more this year, than they had last year, but mainly from, uh, stocks in Southampton, I mean Shinnecock Bay. Not really affected by quantities on the Peconic side. TRUSTEE WENCZEL: But Shinnecock Bay is town waters, right? CHRIS SMITH-: I 'm sorry? TRUSTEE WENCZEL: Shinnecock Bay is town waters, right? CHRIS SMITH: Yes, it is. TRUSTEE KRUPSKI: I have a, question in the back,. and I' ll open the public hearing. UNIDENTIFIED PERSON: Level. fish tote, Chris, how much, uh, are we talking bushel quantity, typically? CHRIS SMITH.: I_ don't know, I've never actually measured it. TRUSTEE WENCZEL: About a bushel and a. half, yeah, almost a bushel and a half, I think. That sound right? Almost two? TRUSTEE KRUPSKI: Alright, anyone else have any questions for uh, Mr. 'Smith? TRUSTEE .GARRELL: I. do. TRUSTEE KRUPSKI: Yes? TRUSTEE ''GARRELL: Chris, I 'm a layperson when it comes to scallops, but the question I have, is why the disparity between, I mean the gaps between the commercial and recreational seasons? Uh, I noticed that some of the towns, the Long Island towns always pick the same day, the, uh, commercial and recreational. Massachusetts, some of them the same day, some of them are months apart? Are there that many recreational users, or is there a, what's the difference? CHRIS SMITH: What is the difference. . . TRUSTEE GARRELL: What's the rationale? CHRIS SMITH: Well, I think the rationale, is to allow, um recreational harvesters to go into some areas, and get uh, enough scallops to personally consume, you know, for your. family. ! That' s the intent, I. think of the recreational opening. Um, and, then the commercial harvesters can come in and more efficiently harvest the resource, prior to it's dying during the winter. TRUSTEE KRUPSKI: Any other questions for Mr. Smith? TRUSTEE KRUPSKI: No further questions, I. have a couple of comments before we open it up to the public. Board of Trustees 22 September 29, 1994 TRUSTEE KRUPSKI: Sure. TRUSTEE WENCZEL: Well, I want to point out that this board has been attempting to set this season for a better part of three or four months now. For a variety of reasons, we're here tonight, uh to consider it once again. Uh, some of it had to do with the fact that the town code had never been changed, and, uh, we needed to go to the Town Board to have that changed. Um, there was some controversy about my voting on the issue in the past, but, the baymen's association, back in June, discussed the matter, and wrote the board a letter., recommending that the uh, the season be opened October 17th. TRUSTEE 'KRUPSKI: The commercial season. TRUSTEE 'VENCZEL: The commercial season. At that time, the shellfish advisory committee which the Trustees have formed, reviewed that proposal, and agreed that that was a good time to open the season. Um, we had another shellfish advisory committee meeting the other night, at which time we discussed this in great detail, and once again, their recommendation was forwarded to the board. It is my opinion, and a condition, in fact, that October 17th is the right date for this season to open on -a commercial basis. There are a significant quantity of scallops in Hallock's Bay, and in. order for us to get a good price, for them to be marketed, to get the maximum, for the resources there, October 17th is the right date. Um, the other point that I guess I have to make, is that the Board recognizes that in the -past, the non-commercial season varied from two and a half . to three weeks. And, I- think when we, consider the fact that we may be reducing that to two weeks, we have .to 'think about the fact that we're not back in 1985. Uh, since that time, the opening in the state waters had been changed from the third Monday in September to the first Monday in October, pushing the whole season back, in fact, compressing the harvest time for everybody, into a shorter period of time. Um, I think it' s important to note that the reason that was done, was- because we recognized, that one, the quality and the yield of scallops increases dramatically, this time of year and by giving them the extra two to three weeks to grow before they harvest them, we did ourselves a favor, and we did the resource a favor. Um, the other part of that decision that was made on the state level was that there was a growing suspicion that it's, I can't say proven hard and fast, but there' s some. pretty good evidence that the scallops do spawn at times in September, and that we have a late set. Um, you know September can be a good spawning time, and that is the other reason the decision was pushed back. So, you know, I think that we have to look at this whole thing from a fresh perspective, and realize that we're in 1994, a year after the brown-tide, that we're on the verge of uh, that possibly this resource recovering significantly, although probably not this year, but we're in kind of a new management mode at this point, and once again, I think October 17th is the right date. TRUSTEE CARRELL: For the commercial season. TRUSTEE WENCZEL: For the commercial season. Uh, we welcome any comments from the public. Board of Trustees 23 September 29, 1994 UNIDENTIFIED PERSON: What about the public season? Is this October lst too? TRUSTEE WENCZEL: That would be October 3rd. UNIDENTIFIED PERSON: October 3rd? Is that, another thing I can't understand. . . TRUSTEE KRUPSKI: Could you come to the mic. , and uh, identify yourself for the public record please? DAN CHARNEWS:. I_rm Dan Charnews and uh, there's several things I can't understand. A lot of the creeks are closed for clamming, does that mean that you can't go scalloping in those same creeks? TRUSTEE WENCZEL: That.'s correct. DAN CHARNEWS: That's all I wanted to know, because some people go crabbing, and I consider that a shellfish, and I was wondering why they went into these creeks. TRUSTEE VENCZEL: Right, the uh, those creeks are closed because of E.Coli contamination, and that applies only to shellfish, to filter-feeders, oysters, clams, mussels, scallops. DAN CHARNEWS:. I thought maybe because the scallops were on the top, they weren't in the ground. . . TRUSTEE WENCZEL: No, no, no. What they do, is, the shellfish filter out and concentrate those bacteria there is in the water DAN CHARNEWS: Thank you for clarifying me on that. And, uh, also, the uh, season, just for.yourself is the first? TRUSTEE ,KRUPSKI: Third. DAN CHARNEWS: Third. Excuse me. TRUSTEE WENCZEL: The same season opener as uh. . . DAN CHARNEWS: The same as uh. . . TRUSTEE KRUPSKI: State. DAN CHARNEWS: State, right. TRUSTEE VENCZEL: The recreational opens in town waters on October 3rd. DAN CHARNEWS: Okay, thank you. TRUSTEE KRUPSKI: Thank you. Alright, we' ll take each side of the room in sections, we'll take the left side here. UNIDENTIFIED PERSON: I: have a question. TRUSTEE KRUPSKI: Please approach the, uh, thank you. Your name, sir? BRUCE LOUCKA: Bruce Loucka. Last month didn't you vote on the same thing? TRUSTEE KRUPSKI: We only received authority to set. . . BRUCE LOUCKA: No, last month, I got a question, last month, didn't you vote on this? TRUSTEE KRUPSKI: We only received authority to set the scallop date by resolution of the board on September 6th, so any, any previous discussion we had before September 6th, we did not have authority to do. BRUCE LOUCKA: But you did it? TRUSTEE 'KRUPSKI: We had a lot of discussions. BRUCE LOUCKA: And you had a vote on it? TRUSTEE KRUPSKI: We had all kinds of different discussions. BRUCE LOUCKA: You had a vote on it? As I understand it. . . UNIDENTIFIED PERSON: Did you have a vote on it? Yes or no? TRUSTEE KRUPSKI: Yes, we did. Board of Trustees 24 September 29, 1994 TRUSTEE `WENCZEL: `We had a vote, as I understand the resolution. . . BRUCE LOUCKA: It may have been illegal, but the board. had a vote, and voted what? TRUSTEE ,KRUPSKI: What was the vote? TRUSTEE.,WENCZEL: As I understood the resolution, it was, in anticipation of receiving the authority to set the season, we voted to open the recreational season on October 3rd, then the commercial season on October 17th. (Due to technical difficulties, some of the discussion of this matter was not recorded, and therefore, this is an incomplete record of this matter. ) CHRIS SMITH: . . .and right after the ice went out, we had made some survey dives there that showed extensive areas of dead crabs and conk and other bottom-dwelling organisms. But even up there, there was evidence of a very few scallops that had made it through the winter, so I. think they can survive in areas where there's sufficient flushing. There may be some creeks with very small openings,. that don't have much fresh water in-flow; like at Narrow River or something. And, they may suffer oxygen depletion, but it didn't happen in Hallock's Bay. JAY MC KASTY: That's interesting. TRUSTEE ,GARRELL: Historically, could somebody tell me, through the last 10 years or so, when Southold town has opened the s.callop 'season commercially? Third week or second week in October, or has it varied back and forth? TRUSTEE WENCZEL: It has varied. It's varied from November 1st to um, I guess it was October loth, uh, as far back as maybe four years ago, maybe five years ago, I'm not really sure to tell you the truth. Um, the last couple of years, it's only been the last three years or so, that there's been anything in there. a:t all really to harvest at all, you know since the brown tide. TRUSTEE GARRELL: Since the brawn tide, yeah. And the seasons in the East End towns are set the same way, on a year to year basis? TRUSTEE ;WENCZEL: I think that most of these seasons, I don't know, to tell you the truth. Chris, do you? CHRIS SMITH: Well, when there were a lot of scallops, everybody just opened up at the same time. But now, since the brown tide, each town is adjusting accordingly. Mainly toward the idea of allowing fall spawning. TRUSTEE � GARRELL: Um-hmm, yeah. And I notice that, from what you've got here, that um, Southampton town is a week later than Shelter ; Island or East Hampton. CHRIS SMITH: That's right. TRUSTEE'KRUPSKI: Alright, would someone like to make a motion, since the discussion seems to be played out. TRUSTEE �WENCZEL: Uh, I make a motion that we close the hearing. TRUSTEE ALBERTSON: Second. TRUSTEE� KRUPSKI: All in Favor? ALL AYES Board of Trustees 25 September 29, 1994 TRUSTEE' WENCZEL: I make a motion that we set the opening of the recreational-.season at October 3rd, and the commercial season .at October 17th.' TRUSTEE, KRUPSKI: Do I have a second on that? TRUSTEE' ALBERTSON: I.'ll second it. TRUSTEE: KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: Thank you for coming tonight. I need a motion to go back to the regular meeting. TRUSTEE,ALBERTSON: So moved. TRUSTEE' GARRELL: Second. TRUSTEE ;KRUPSKI: All in favor?. . .All in favor? ALL AYES TRUSTEE 'KRUPSKI: Alright, I.'m going to call for a brief, a brief recess. Thank you. V. ASSESSMENT/ENVIRONMENTAL DECLARATIONS: 7. ARAIAN NIGOGOS requests a Coastal Erosion Permit to attach a- 30 ' X130' wooden deck and construct a 60' bulkhead, 6' high. Located 54365 County Rd. , LILCO Pole #58, Southold. SCTM -#52-1-7 TRUSTEE GARRELL moved for a Negative Declaration, provided the Board receive the amended plans for the stairs and bulkhead. TRUSTEE ,WENCZEL. seconded. ALL AYES 4.. PREM C. CHATPAR requests a Wetland Permit to replace 116 ' of bulkhead along Little Peconic Bay and 60' along eastern border i8" in front of existing bulkhead, repair a. 25 ' existing Jetty; and construct a 3 ' X 15' ramp and a 6 ' X 15' floating dock both to be removed in winter. Located 680 Midway Road, Southold. SCTM #90-2-9.1 TRUSTEE.IGARRELL moved for a Negative Declaration, based upon Tom' Samuel's amended description and drawings of the work to be done, TRUSTEE WENCZEL seconded. ALL AYES 8- En Consultants on behalf of NEIL MC GOLDRICK requests a Wetland 'Permit to maintenance dredge channel within Hall's Creek . and approach channel from Great Peconic Bay. A total of 1,,040 '+/- of channel will be dredged. The width of. the channel will vary. The outer channel will be 50' wide (plus side slopes) 'and dug to depth of 5 ' below mean low water, plus 1' overcut: The. inner channel will vary from a minimum of 20' to a maximum 'of 30 ' (both plus side slopes) and dug to a depth of 21 , + 1 ' overcut. Approximately 5,.000 c.y. will be hydraulically removed ;and placed- on owner's beach west of the creek both above and below the lines of mean high and. mean low water for use as beach nourishment. Project was previously done by Suffolk County Department of Public Works. Multi-year maintenance permit is requested. Existing bulkhead section nearest residence (14 ' return, 751 ) will be replaced within 18". The Board of Trustees 26 September 29, 1994. indented boat slip consisting of 15 ' , 2.41 , 311 , 241 , 10 ' will be removed and replaced in- kind. The remaining two sections, 20' and 10 ' return will be replaced within 18". At the inlet to the creek, the 70' groin on the west .sidepof the inlet, will be re-piled and repaired and extended 501 . The 160' section. of bulkhead immediately to the north of the groin will be removed and replaced in kind and in place. The final northerly section of bulkhead will. be. left in place and a new 40' section, plus 10' return will be constructed landward of the marsh that has grown behind the existing bulkhead. An existing 80' groin west of the inlet will be re-piled and repaired. Location private road off New Suffolk Ave. SCTM #116-4-16.4. TRUSTEE KRUPSKI moved to table the environmental assessment, TRUSTEE. GARRELL seconded. ALL AYES. TRUSTEE KRUPSKI will send a letter to MR. MC GOLDRICK, stating three concerns: 1) Land Ownership; 2.) Water quality; and 3) Proof of maintenance dredging. 3 . Cron & Cron Esquires on behalf of GERALD P. RAFFERTY requests a Wetland Permit to erect snow fence 30' in length as shown on survey and posting signs. Located 9205 Skunk Lane, Cutchogue. SCTM #104-03-016. 001 TRUSTEE KRUPSKI moved to table the environmental assessment, TRUSTEE ALBERTSON seconded. ALL AYES 5. STEVE PAPAGIANAKIS requests a Coastal Erosion Permit to cut back weeds and scrubs and cover with top soil near the bluff for reinforcing. Located Sound Drive, opposite McCann Lane, Greenport. SCTM #33-4-2 TRUSTEE GARRELL moved to table the environmental assessment, TRUSTEE WENCZEL seconded. ALL AYES. TRUSTEE KRUPSKI will write a letter requesting a recent survey and a planting plan. 6.. J.M.O. Consulting on behalf of LOUIS' M. BACON requests. a. Wetland Permit to allow for hand-cutting, selective rotocutting and small tractor for slip-chain removal of clumps of Catbrier and multiflora rose and removal of certain invasive species of plants in following areas: Buttonbush Ponds, claypits & Spring to Peconic Bay & South Pond. Located Robins Island. SCTM #134-3-5 TRUSTEE, GARRELL moved for a Negative Declaration, TRUSTEE ALBERTSON seconded. ALL AYES 9. J.M.O. Consulting on behalf of ANTHONY PETRILLI requests a Wetland: and Coastal Erosion Permit to construct a single family residence, sanitary system, deck, regrade and crushed stone driveway as per survey prepared by Chandler, Palmer & King last dated 11/5/91. Located East End Road, Fishers Island. SCTM #4-5-18. r Board of� Trustees 2.7 September 29, 1994 TRUSTEE GARRELL moved for a Negative Declaration, TRUSTEE WENCZEL seconded. ALL AYES 1.0. Peconic Associates Inc. , on behalf of NARROW RIVER MARINA requests a Wetland Permit to remove at the high spots at entrance, to marina that was originally included and authorized for maintenance dredging on Permit #3805 issued Feb. 2.3, 1990. Permit was extended to Feb. 23, 1994, but for reasons of: (1) owner' s ,original decision not to have the contractor return to complete work (owner changed his mind after receiving complaints of boats, striking the bottom in area of low tide) , ( 2) contractors availability for such a small job and difficult access, ,&_ (3 ) ice conditions that prevented work being done in January 1994 as scheduled by the contractor. Total dredged, 90 c.y. Located Narrow River Road, approx. 1.0 miles south of Route 25 in Orient. SCTM #27-2-4 TRUSTEE. GARRELL moved for a Negative Declaration, TRUSTEE ALBERTSON seconded. TRUSTEE WENCZEL voted NAY, ALL OTHERS AYES VI. RESOLUTIONS: 1. Board to set public hearings for the October 27, 1994 regular meeting for those applications that have received a Negative Declaration and the following applications that are Type II 'Actions. a. MICHAEL LEAHY requests a Wetland Permit to add a 21 ' X 24+' 2. story addition; a 15 ' X 44' dock at rear of house; a 10' X 43 ' covered porch on the road side of the house; a 13 ' X 41' Conservatory on the southeast side of the house; a gambrel roof added to existing boathouse to provide 2nd floor home office space; a 24.5 ' X 22.4' dormer added to existing garage to provide 2nd floor storage space.; a 3 ' X 110 ' catwalk; a 3 ' X 12 ' ramp; a 6' X 20' float. Located 2200 Hobart Road, Southold. SCTM #64-3-4 b. i JEANNE WHATMOUGH requests a Wetland Permit to add a 15' X 22' covered porch and reconstruct a 6' X -13 ' entryway to existing dwelling. Located 180 N. Riley Ave. , Mattituck. ' SCTM #122-3-38 TRUSTEE ALBERTSON moved to approve, TRUSTEE GARRELL seconded. ALL AYES 2. ELIZABETH PEISHOFF requests a Grandfather Permit to repair existing 2 level dock. lst or upper level is 62' long X 714" Board of Trustees 28 September 29, 1994 wide, 2nd or lower level is 4715" long X 318" wide/ Located Hedge Street, Fishers Island. SCTM #10-7-21 TRUSTEE KRUPSKI moved to approve, TRUSTEE ALBERTSON seconded. ALL AYES 3. Paul Caminetti on behalf of HENRY BARRY requests a Grandfather Permit for a 4' X .10' catwalk. Located 1375 Pine Neck Road, opposite Bennett Lane, Southold. SCTM #70-5-39 TRUSTEE WENCZEL moved to approve the catwalk only, TRUSTEE ALBERTSON seconded. ALL AYES VII. MOORINGS: 1. TED, HOYLE requests a mooring for a 16 ' outboard with a 75 pound mushroom in Town .Creek. Access: public. TRUSTEE ALBERTSON moved to approve, based on Bay Constables recommendation, and an amended map, with new location noted, TRUSTEE GARRELL seconded. ALL AYES III. AMENDMENTS/WAIVERS/CHANGES: 5. ROBERT LOVE requests a one year extension to Permit #4084 to construct one family dwelling with associated sanitary system, and construct a 4' X 31' catwalk, a 3 ' X 8 ' ramp and 4' X 16' float. Permit expired September 18, 1994. Located 8570 Nassau Point Road & Aborn Lane, Cutchogue. SCTM #118-5-5 TRUSTEE ALBERTSON moved to approve the extension, TRUSTEE WENCZEL seconded. ALL- AYES 6. Veronica Grattan on behalf of YENNECOTT PARK PROPERTY OWNERS ASSOC. requests a Waiver to relocate dam and foot bridge on the pond property about 10 feet east of the original dam site, and use of backhoe to clear area. Located. 1335 Yennecott Drive, LILCO pole #10, 300 ' east of Tuthill Road, Southold. SCTM. #55-4-25.4 TRUSTEE GARRELL moved to approve the waiver, TRUSTEE ALBERTSON seconded. ALL AYES 7. RITA GALLO requests a Waiver to build a 15' X 20' deck on Sun Lane. Located 175 Sun Lane, Southold. SCTM #76-1-13 TRUSTEE WENCZEL moved to approve the waiver, with the condition .that the Board requests drywells to contain roof runoff, TRUSTEE ALBERTSON seconded. ALL AYES y Board of Trustees 2.9 September. 29, 1994 8. Jim McMahon on behalf of the TOWN OF SOUTHOLD requests a waiver for the resurfacing of the parking area at the terminus of. Route 25, Orient. SCTM #15-9 TRUSTEE ALBERTSON moved. to approve the waiver, TRUSTEE. GARRELL seconded. ALL AYES 9. Sarah Gicale on behalf of EDWARD HINDERMANN requests that Mr. Hindermann transfer permit #4362 regarding walkway, ramp and float to Mr. & Mrs. Arthur Bortz. Located 405 Pierce Drive, Cutchogue.. SCTM #136-1-7.1 TRUSTEE KRUPSKI moved to table this request, until the Town Attorney could be consulted, TRUSTEE ALBERTSON seconded. ALL AYES NOTE: The Town Attorney advised the Trustees to approve the transfer, .but to make sure it was noted on the permit that it was a transfer from Edward Hindermann to A. & H. Filipowicz, A. & D. Filipowicz Bortz. Meeting adjourned at 11:05 p.m. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 11� y HOUR 1 : own Clerk, Town of Sou old Respe tfu� submitted, A.X�k Laurel Lee Macomber, clerk I i