HomeMy WebLinkAboutTR-11/20/1992 T
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TRUSTEES o��gQFFU(,�Cp SUPERVISOR
John M. Bredemeyer, III, President h'1' Gym SCOTT L.HARRIS
Albert J. Krupski, Jr.,Vice Presidentcc
Henry P. Smith Town Hall
John B. Tuthill �y 53095 Main Road
William G. Albertson �0,� �`a� P.O. Box 1179
Telephone (516) 765-1892 Southold, New York 11971
Fax (516) 765-1823 BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
NOVEMBER 20, 1992
PRESENT WERE: John M. Bredemeyer, III, President
Albert J. Krupski, Vice President
Henry P. Smith, Trustee
William G. Albertson, Trustee
John L. Tuthill, Trustee
Diane J. Herbert, Clerk
THE MEETING WAS CALLED TO ORDER
PLEDGE OF ALLEGIANCE
NEXT TRUSTEE BOARD MEETING: Thursday, December 17, 1992 at 8
PM
WORKSESSION: 6:00 pm TRUSTEE BREDEMEYER moved to approve
the meeting, seconded by TRUSTEE TUTHILL. ALL AYES.
NEXT FIELD INSPECTION: Thursday, December. 10, 1992 at 8 pm
TRUSTEE SMITH moved to approve, TRUSTEE ALBERTSON second.
APPROVE MINUTES: The October 22, 1992 minutes were approved by
TRUSTEE SMITH, seconded by TRUSTEE TUTHILL.
I . MONTHLY REPORT: Trustee monthly report for October 1992: A
check for $;..1,'492:15 was forwarded to the Supervisor's Office for
the General Fund.
II . PUBLIC NOTICES: Public notices are posted on the Town
Clerk' s Bulleting Board for review.
III . AMENDMENTS/WAIVERS/CHANGES:
1. En-Consultants on behalf of Neil McGoldrick requests
waiver to construct a swimming pool and deck landward. of
existing bulkheads. Located Harbor Farms, New Suffolk Ave.
Mattituck. SCTM #116-4-16. 4. Motion to approve made by
TRUSTEE BREDEMEYER., second by TRUSTEE ALBERTSON. ALL AYES.
2. En-Consultants on behalf of Roger Vorce requests an
amendment received Nov. 11, 1992 to Wetland Permit #2201
received Mar. 23, 1986 to extend the westerly return 16'
1 1 _
Board of Trustees 2 November 20, 1992
landward and backfill with 10 c.y. of clean sand to be trucked
in and to replace additional 1 ton stone along the_ return and
westerly 13.5' section of bulkheading. Located ROW off. Bridge
Lane, Cutchogue. SCTM #72-1-1. 8. Motion to approve made by
TRUSTEK BREDEMEYER, second by TRUSTEE SMITH. ALL AYES.
3. En-Consultants on. behalf. of Joseph Frazzitta to amend
application to extend that the bulkheading will be removed and
replaced, rather than a new structure built in. f.ront. Located
Inlet Way, Southold. SCTM #92-1-6. Motion to approve made by
TRUSTEE BREDEMEYER, second by TRUSTEE ALBERTSONo, ALL AYES.
4. En-Consultants on behalf of Erika Swimmer to extend permit
to construct a single family dwelling, sanitary system with
retaining wall, well and bluestone (or similar) driveway.
Approx. 800 c.y. of fill to be. trucked in to raise grade, for
5 years. Located Orchard Lane, - Southold. SCTM #90-4-1.2.
Motion to approve an extension., ending April 2.5., ,1994 for 1
year, was made by TRUSTEK SMITH., second, by TRUSTEE KRUPSKI.
This is the final. extension. ALL AYES.
IV, PUBLIC HEARINGS:
THIS IS A. PUBLIC HEARING. IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCR OF THE.
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM. THE.. LONG
ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ
PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE. KEEP YOUR COMMENTS ORGANIZED. AND BRIEF
FIVE (5) MINUTES OR LESS, IF POSSIBLE
7 : 26 P.M. - IN the matter of the application of Peconic Land
Trust on behalf of Plock Family Joint Ventures to construct.
211' of rock revetment and 357' bulkheading replacing existing
bulkheading within 1811, and 1700 c.y. of dredging and filling
to construct boat basin mariculture area, remove approx.
195' of pier, deck over approx. 240' 'of pier, .fill approx.
15,000 s.f. of vernal area and improve or create 15,000 s.f. of
wetland habitat. Located of€ North Bayview Road, Southold..
TRUSTEE. KRUPSKI: Do I have anyone here to speak on behalf. of
this hearing? Would anyone like to comment'?
TIM CAULFIELD: If there are any other questions., I would. be
glad to help. I have been working on this for quite some time
and the Plock Family has been very patient in working through
a plan which we think is very generous., and. we seem to have come
quite a long way. There seems to be no problem with any of the. .
other regulatory agencies so we can proceed.
TRUSTEE SMITH: _ Excuse me, this is the last inspection we made,
and this is what we all agreed on to do.
TRUSTEE KRUPSKI: At the last scoping' sessi.on?
TRUSTEE SMITH: : Yes.
Board of Trustees ., 3 November 20, 1992
TRUSTEE BREDEMEYER: Has the planning board started SEQRA
process yet? They were going to . take the lead and. scoping.
MR. CAULFIELD: The haven.'t. they requested. and. expanded part
three, which is still not in. As soon as they get that they can
issue the process.'.
TRUSTEE BREDEMEYER.: I'm only asking from the prospective of
proper processing if the board should properly come to a final .
vote in. the matter, only because we had decided to defer lead
agency status for the. Planning Board and said we would. send. them
any additional scoping sessions or help them. It might. create
a processing problem if we went into a final vote on the matter
ahead of participating scoping. I don' t know how the board
will feel about this.
TRUSTEE SMITH.: I feel that. I. have no problem with this
application. Let them have one less hurdle to go through. We
were working on this thing for two years.
TRUSTEE BREDEMEYER: We -don' t have to, because we' re not lead
agency so we can go ahead with. our approval. We already told
them our interest in not taking the lead.
TRUSTEE KRUPSKI: Well we might not approve. We haven't voted
yet.
MR. CAULFIELD: On the issue of Trustees jurisdiction, and the
endless conflict. that is created between the Trustees rights and
the Trustees obligation and other agencies From the
philosophical standpoint it would seem to me that the Trustees,
should do what the Trustees will do. Including the SEQRA of.
course if you were lead agency. I'd hate to see deference to
another body, and you can vote any which way you want, but when
it comes to the. Trustees. rights it seems to me that they' re the
Trustees rights.
TRUSTEE KRUPSKI: You're absolutely right, but in defense of Jay,
'I think he just wants to make sure it moves in an. order.ly
fashion. and we don't fall apart at the end.
TRUSTEE BREDEMEYER: This project has very little Town. Trustee
land so that part of the decision making was there since. a sub
division has a. lot more to do. with. the planning process.
MR. CAULFIELD: I apologize. Don't take what I 'm saying
personally.
TRUSTEE BREDEMEYER: No, no I didn.' t. I know exactly what you're
saying. This board really wanted to take lead but for the fact
we felt that our staffing was short. enough that we would only be
hurting a very beneficial project by taking lead. selfishly.
TRUSTEE KRUPSKI: Is there any other comment on this project?
Does this Board have any comments?
TRUSTEE SMITH: No, I make a motion we close the public hearing.
TRUSTEE ALBERTSON: Second. ALL AYES.
TRUSTEE KRUPSKI: Can we have a motion on a vote on this?
TRUSTEE SMITH: I make a motion we approve the application of;
the Peconic Land Trust on behalf of the P1ock. Family Joint
Ventures.
TRUSTEE ALBERTSON: Second. ALL AYES.
7:31 P.M. - In the matter of the application of Harley Arnold on
behalf of David. Tuthill requests. to construct a 4' X 40' catwalk
Board of Trustees 4 November 20, 1992
with 3 ' X 16' ramp and 6' X 20' float as shown on survey.
Located 2350 Deephole Drive, Mattituck. SCTM #1.23-4-7 .
TRUSTEE KRUPSKI.: Do I have any comment from anyone out there?
Either in favor or against the project? Does. the Board have any
comments?
TRUSTEE. SMITH: I have none, its just a straight forward dock,
float and ramp..
TRUSTEE KRUPSKI.: Do I have a motion to close the hearing?
TRUSTEE. SMITH: I make a motion we close the hearing.
TRUSTEE KRUPSKI: Do I have a second?
TRUSTEE TUTHILL: Second. ALL AYES.
TRUSTEE KRUPSKI: Do I have a motion. on the project?
TRUSTEE SMITH: I ' ll make a motion that we approve the
application..
TRUSTEE KRUPSKI: Do we have a. second?
TRUSTEE ALBERTSON: Second. ALL AYES.
7: 34 P.M. - In the matter of Tessler Associates on behalf of
Joseph Mantione requests to construct a fixed pier structure
4' X 100 ' and 14' ramp and (2) 6' X 20' docks. Located 54275
Stillwater Ave. Cutchogue. SCTM #137-3-1.
TRUSTER KRUPSKI: Do I have anyone here to speak An favor .or
against this project? I believe last month we requested that it '
be staked. I did not see any stakes out there. I was out there
this evening. From what I can see there's a mooring right at.
the end of this where it would end up from my estimation.
Because it wasn't staked or marked at all I'm afraid we' re
gonna have to recess .thi.s.
MR. MANTIONE: You say you have a request for staking? You
mean staking out in the water?
TRUSTER KRUPSKI: No, the staking at the end .of the dock, so we
know how far out the dock will go.
MR. MANTLONE: I don't believe any request. has come to my
house nor to Mr. Tessler' s, because I spoke to him this
morning. I haven't received anything from you. I saw it in the.
newspaper when it was on for tonight so I could. be here.
TRUSTEE KRUPSKI: Thank. you, for speaking up.
TRUSTEE BREDEMEYER: Here's a letter in the file. I thought we
made contact.
TRUSTEE KRUPSKI: Last month when we all went out on field.
inspection and we looked at it and its one of those cases where
it's almost impossible to tell standing from. the top of the.
bank, how far the structure will. go. We know it will- be
significantly further than what the neighbors have. If it was
similar to what the neighbors had, we wouldn't request thi.s. But
since it is going to be significantly further out, that' s why .we
wanted the stakes so that we would know exactly where the. end of
the project will. be.
MR. MANTIONE: My property happens to curve in as compared to
the 'neighbors property. So I really- need a. little more room to
get out as far as they are and by using the res:tricted. rule we.
did take the depth soundings and its. not really that. I. wanted to
go out that far, but I have to go out that far. 'cause when its
low tide my boats gonna be on the ground.
Board of Trustees 5 November 20, 1992
TRUSTEE KRUPSKI: Do you have a mooring now?
MR. MANTIONE: No. that' s not my mooring out. there. One of
those moorings you see out there are not even used. The mooring
that' s farthest out was not even used this year. . There' s no
number on the; mooring. Is that required?
TRUSTEE KRUPSKI: Yes, it is.
TRUSTEE TUTHILL: Could you put a stake out there now?
MR. MANTI.ONE:' It' s a little cold, and I don' t have, a boat to
get out there right now.
TRUSTEE KRUPSKI: A stake or a colored Clorox bottle, or
something to put a short string on so that we will know.
our next field inspection. is set for Dec. 10th.. Maybe you
could have it set for that day and we' ll be out there to take a
look at it.
MR. MANTIONE: When you say a stake what exactly do you mean?
TRUSTEE KRUPSKI: When there' s a long structure like that you
have to have a' stake or small buoy placed there at the end, then
we can come and take a look and we can use our judgement.
TRUSTEE TUTHILL: We're not objecting to it, it's just that we
have to know where it is.
MR. MANTIONE: If I had the request, I would have responded. to
it.
TRUSTEE TUTHILL: Get it out there by next meeting and we' ll be
able to handle it.
TRUSTEE KRUPSKI: I'm glad you came to the meeting and spoke UP.-
because it' s a lot better to talk then.
TRUSTEE SMITH_: I make a motion we close the hearing, and. recess.
it one month.
TRUSTEE TUTHILL: Second. ALL. AYES.
&: 40 P.M. - In the matter of Samuels & Steelman on behalf of:
Harry Hohn to construct new stairs and. catwalk, from existing
bulkhead to beach. Located 8980 Nassau Point Road., Cutchogue.
SCTM #(118-6-1 7 1.3 .
TRUSTEE KRUPSKI': Is there anyone here who wishes to speak on.
behalf of the applicant? I. went to take a look. at it and it' s a
very minor project and. its really straight forward. I have no
problem with it.
TRUSTEE SMITH;. I make a motion we close the public hearing.
TRUSTEE. TUTHILL: Second.. ALL AYES.
TRUSTEE SMITH: I make a motion we approve the application/
TRUSTEE TUTHILL: Second. ALL AYES.
7 :42 P.M. - In the matter of Costello Marine on behalf of-
Joseph Beradino to install approx. 107 ' of rock revetment
with ( 2) 15 ' returns, backfi.11 void area with 32 yards of fill
and vegetate with Rosa Rugosa and. beach grass.. Located 62825
North road, Greenport. SCTM #40-1-11.1.
TRUSTEE KRUPSKI : Is there. anyone who. would like to speak on
this application? Is there anyone. here who would. like to
comment on this? I ' ll take motion to close the hearing.
TRUSTEE SMITH.: Second. ALL. AYES
TRUSTEE. SMITH: I ' ll make, a motion we approve the application.
TRUSTEE TUTHILL: Second. ALL AYES.
Board of Trustees 6 November 20, 1992
7 : 44 P.M. - En-Consultants on behalf of Mattituck Fishing
/-Station request to remove and replace inkind/inplace 360
+/- l.f. of timber bulkhead and dredge up to 10' off bulkhead to
maximum depth 4' below MLW. Approx. 86 c.y. of spoil will be
removed. and used to backfill bulkheads.. An existing 6' X 20'
section of: fixed walkway and rip-rag adjacent to launching ramp
will be removed and replaced. The existing 16' X 20' launching
ramp be resurfaced with concrete. Add ( 5) 2.5' X 16 ' fingers
and ( 3) 2. 5' X 16' fingers to sections. of existing main floats.
as ' shown on plan. A drain. gutter has. been added. to the upper
sections of the bulkhead has also been indicated as sand and.
gravel with an upper layer of stone. The above all. in
accordance with request of the DEC and Trustees: as per revised
survey of October 6, 1992. Located Mattituck Creek. SCTM
#99--4-23 .
TRUSTEE KRUPSKI : Is there anyone here who would like to comment
on- this application? Does the Board. have any comments?
TRUSTEE BREDEMEYER: They had the verbal. descripti.on but hadn' t
preciously concluded the fact that the: picture representation
was making the ramp go to .20' X 601 . I don't know where the 16'
ramp which is about 10' X 4.8' long: is in fact and they've
applied and it' s on the diagram to go to 20' X 60' to give the
additional depth of water and the width to handle the drainage.
TRUSTEK KRUPSKI: Did we request to grading behind. the bulkhead.
to be away from the bulkhead?
TRUSTEE BREDEMEYER: Yes, it was incorporated in. and to. stand
behind the bulkhead, the final diagram.
TRUSTEE KRUPSKI : The description matches the sand and gravel
backfill of the bulkhead.
TRUSTEE BREDEMEYER: I don't believe they went into the exact
reading. I guess. we can ask. f.or it.
TRUSTEE KRUPSKI: We have to. Because I don't really see it on
the diagram. Does anyone want to make a motion?
TRUSTEE SMITH.: I' ll make a motion that we approve this.
application, but that we add that they would contain the water
runoff into a drywell.
TRUSTEE KRUPSKI.: Anyone second.
TRUSTEE BREDEMEYER: Second. ALL AYES.
7 : 46 P.M. - In the matter of Costello Marine on behalf of
Frank Monteleone requests a grandfather permit to reconstruct.
existing 16' return and •install a 16' return extension, and. to
place 10 c.y. of backfill. Located. Blue Marlin Drive, Southold.,
Shelter Island Sound. SCTM #57-1-30.
TRUSTEE KRUPSKI: Would anyone like to comment?
JOHN COSTELLO: The existing sheathing on the bulkhead is an
area that' s all. decayed. The bulkhead. framing is still intact.
TRUSTEE BREDEMEYER: I did the. field inspection and I obviously
went to the wrong property.
MR. COSTELLO: On the return it was dug-in. at the bank and some
of the sheathing was undermined.
TRUSTEE BREDEMEYER: I' ll. have to indicate to the clerk to ask
far a full. permit on this. and. it must have been an error made.
Board of Trustees 7 November 20, 1992
when I was in the field because I was in the wrong location, so
it may well be worthy to grandfather. .
TRUSTEE KRUPSKI.: To grandfather we'd have to amend it also to
include the addition.
TRUSTEE. SMITH: Was this property just purchased?
MR. COSTELLO: Yes, last year.
TRUSTEE BREDEMEYER: I have no problem recommending this.
TRUSTEE. KRUPSKI: Do I have a second on. that motion?
TRUSTEE ALBERTSON: Second. ALL AYES..
TRUSTEE. KRUPSKI.: Do I have a motion on the. grandfather:
applicati.on?
TRUSTEE BREDEMEYER: To approve the grandfather and the. attached
amendment:.
TRUSTEE SMITH.: So moved.
TRUSTEE ALBERTS.ON: Second. ALL AYES.
7 :49 P.M. - In the matter of Dragutin Gobic to construct. ( 3)
1/2' X 50' catwalk, ., 32" X 20" aluminum ramp, 6' X 20' floating
dock and 2 pile support dolphins-i Located 212.5 Hobart. Road,
Southold, Town. Creek. SCTM #¢64-3-14.
TRUSTEE KRUPSKI: Is there anyone here who wishes to comment on
this application?
FRANK MAZZAFERRO: The adjoining property belongs to my
mother-in-law and they have a notarized statement from her
signed by attorneys that she is opposed to this.
TRUSTEE. KRUPSKI.: Could I have that to read. aloud.? Could we
have a copy of this for our file?
MR. MAZZAFARRO: Yes.
TRUSTEE KRUPSKI: "To Whom It. May Concern, this is dated
November 20, 1992, the undersigned Catherine Mazzaf.arr.o and
Dorothy Mazzafarro as attorneys in fact for Helen Young owner
of the property on Hobart Road, Southold NY adjacent to the side.
of the proposed dock, do hereby object to the subject
application. " And it's signed and notarized and will be placed
in the file. Yes sir?
GEORGE LAW: I live on. the opposite side. I also want to object.
TRUSTEE KRUPSKI: Is there anyone else who wants to speak?
JOHN COSTELLO: I am the agent representing Mr. Gobic. The
attention of this is the old zoning matter, whereas. this
gentleman and his family own property across the street. And
they have purchased and paid. taxes on a right-of-way to the
water enabling them to utilize the water. When the water from
the high water mark out, evidently we know who owns that and who
controls that. This Board does. This dock as proposed is a
minimum in. width for this access way. The ramp is the minimum.
width and as to other applications made prior tonight, a 6'
float was designed. No additional mooring- piles off: the. float.
It is the minimum for safety reasons. DEC wants . to know, if we
could reduce the float to a 4' float,. it becomes very unstable
and then they suggest possibly a "T" would stabilize, it again,.
then we' re protruding over the property lines, objective
property lines, even though it's Trustee bottom. Trustees have
this jurisdiction. This gentleman and his family have been.
paying taxes on that land., there is no attempt to incumber
Board of Trustees .8 November 20, 1992
either the adjoining property owners or the neighbors, or the
people across the creek. They' re looking for the minimum. length
and it just so happens that this is one of the pieces of
property similar to 'this, at the end of the dead. end road. But
there are several pieces of. property like this throughout the
Town and it' s unfortunate it wasn' t bigger. This does not
restrict and will not restrict either of the adjoining property
owners from utilizing their water' in the . future.
TRUSTEE TUTHILL: You say he has the right of way down there, is
this the same width as the right of way.
TRUSTEE- KRUPSKI: Inches. smaller..
TRUSTEE TUTHI"LL: Could we hear why the people object to it?
TRUSTEE SMITH.: It' s been a policy of this. board in.' the past.
that we require anybody who puts a. dock. out, that they stay
within 15 ' on their property so as not to go across on your
neighbors, or in front of the neighbors property or anything
like that, and I don' t think when, this property was meant to
have a dock the way its proposed here, I would. say that we're
not denying: this gentleman the use of getting to the water,
that's basically what a 3 1/2 ' right of way is, just to get to
the water, that doesn.'t give him any right to hang over on his.
neighbors property with. his boats and docks. I think it's
wrong, and. 2. grant you he{s a. tax payer, but these other people
are tax payers too, why should they have someone. else's
structure in front of their house?
MR. COSTELLO: Just to contradict you, Henry, this is not
hanging over over anyone's property in Southold Town, Trustees
bottom. If this, g.entleman. had more land, I'm sure. . . .This access
gives him access way to the water. Would you like him to build.
a longer permanent dock, or narrower? You could. build a.
permanent dock narrower., but a. float, I don't know.
TRUSTEE. TUTHILL_: Maybe what Henry is saying is if he puts a
boat along side his dock it might hang over.
MR. COSTELLO: I can' t keep the boat from swinging around the
circle either.. That' s why we' re applying, to the Trustee for
this permission.
TRUSTEE KRUPSKI: What' s it like on. either neighbors side. Like
John Tuthill said, he had a good question for both the
neighbors, what' s the objection?
MR. MAZZAFARRO: I don't know what my mother-in-laws objection
is, but I don' t think it' s appropriate to put a dock there.
TRUSTEE KRUPSKI: What' s your objection sir? .
MR. LAW: My Question is, how is he gonna maintain this
things? He' s got 12' of property, and 3 1/2' of dock. what's he
gonna do, fly the stuff. out there?
TRUSTEE BREDEMEYER: He has access to mean high water, which is
ordinary right.
MR. LAW: I don' t feel that I should have to look out my window
and look at this abortion sitting" out there, all. year, while Mr.
Gobic is God only knows where.. He can' t see- it -from his
house, and we have to look at it. I don' t believe its right.
MR. COSTELLO: I disagree with this man' s opinion, and John
asked a good question to see what the objection was and that.' s
the main objection, and that' s what we wanted to .find out.
Board of Trustees 9 November 20, 1992
TRUSTEE BREDEMEYER: My understanding that the right to. wharf
out is the right that' s seceded in the. common law, and runs
similarly to the right to access the water, and it has a basis.
in the riparian rights and. riverine. rights and. there' s a
consequence the Board would be wrong or ill advised to deny an
application, but they could modify a propos.al. such. that it would
provide for a reasonable right of access.. And at least in- my
own mind I guess i"d be concerned maybe for a docking on either
side if it would eliminate or minimize another riparian. right,
the right of navigation fits. into this and.both neighbors not
indicated that they've. been disenfranchised or had their rights
minimized, they have the right to approach the force drawn
perpendicularly which is also one of those rights and at least
as far as I 'm concerned I 'd have to be honest and say that I
think the Board would be very ill advised to deny someone the
right to wharf .ou.t in the creek. This Board has always stood.
for allowing its citizens the minimum use of their water ways
consistent with being environmental going along with the board,,
trying to do things the right. way. Regardless of how it looks
to deny this would be a gross disenfranchisement. Mind. you, I.
wouldn't be against modifying it a little bit, it runs counter
to our mandate and our historic right. to regulate, if. we don't
regulate reasonably. And there' s a rule of reason involved in
this thing, and L'd hate to see something like this go to the.
courts and having a judge supplant or direct his. views over this
Board's prerogatives.
TRUSTEE SMITH: Well it' s been a policy of this- Board, and. we
made policy years ago, that any dock would be held inward 15' of
a neighbors property line.
TRUSTEE. KRUPSKI.: We have made exceptions in the past.
TRUSTEE BREDEMEYER: I. like the. idea. of. a fixed dock, myself,
only from. a stand point that they would intend to minimize
problems, possibly. But what' s, reasonable?
TRUSTEE KRUPSKI: I do have one question. Are there docks on
either side? No?. So we're not talking about safety or
navigational problem..
TRUSTEE. TUTHILL.: It's just a case of how .i.t looks. Your point
is how it might look.
MR. LAW: That' s right.
TRUSTEE KRUPSKI : Do I have any other comment?
MR. SAMUELS: I agree with Jay' s position. I 've got a file full
of documented cases on riparian rights and access. to water. I
appreciate his problems with neighbors. and:. in some cases, it
depends on how it's pretty tough call to turn down the man, he
does have access and with that goes the: riparian rights.
TRUSTEE SMITH Yes, he does have access to 3 1/2' .
MR. SAMUELS.: Well, that's the endless problem, and. that' s been
in court too.
TRUSTEE KRUPSKI: Any other comment?
MR. MAZZAFERRO: Is this gonna. be a hundred feet long.?
TRUSTEE KRUPSKI: The application is for a 50' catwalk, a 2.0'
ramp and a 20' float for a total of. 90' from wherever it begins,
hopefully above mean high water. Trustee Bredemeyer: The Board.
viewed it for that when we did the field inspec.tion. and. does not
Board of Trustees 10 November 20, 1992
believe that the structure impedes ordinary navigation. We have
.an occasion where they might have mis- supplied an inspection.
and the structure goes to close to the channel we have required
them to be altered. That remains the responsibility of the
Board to always provide for ordinary navigation. We dial not see
that as a problem in.. our field inspection..
MR. MAZZAFERRO: You don't think that it' s that close?
TRUSTEE KRUPSKI : No; on the application, the fixed portion goes
to mean low water, and only the 2.0' ramp .and 20' float extend
out pass mean low water, and that. 40' out. Any other comment?
TRUSTEE SMITH: I haven't seen a stake out there to mark it,
what the total. distance wi.11. be. I want to see a stake out
there. We're asking this gentleman to put a stake out there,
why not him?
TRUSTEE KRUPSKI: Any one else on. the board. feel that a stake
would be necessary?
TRUSTEE BREDEMEYER: If. one Board member wants it, I guests we
should all request.
TRUSTEE KRUPSKI: I will entertain a motion . to close the
hearing.
TRUSTEE SMITH: ' So moved.
TRUSTEE TUTHILL: Second.. ALL. AYES.
TRUSTEE KRUPSKI: Then we will not vote on this until. we have a.
stake put out. Mr. Costello could you have the most seaward
portion of the dock staked for December 10. That will be our
next field inspection.
MR. COSTELLO: I will certainly try to make every attempt to
alleviate some of the concerns by using the smallest pilings we
have. Possibly with the butt end down so it will. lessen. it.
I ' ll. leave the handrails off and make sure there aren' t any
extra except on the ramp.
TRUSTEE. BREDEMEYERi 3ohn. just as a question as. a Board member.,
is there -f lexibility from owner in terms of possibly going with
fixed structure or some alteration in plan., in other words:, the
desire for a dock is it fixed in this plan. that we' re looking at
here?
MR. COSTELLO: If that so suits the Board then I ' ll check with
the. owner and find out if he would be will to do this.
TRUSTEE KRUPSKI: I believe we will be voting on this then at
the next meeting. I ' ll make a motion we go off Public Hearings.
TRUSTEE SMITH.: So moved.
TRUSTEE TUTHILL. Second.. ALL. AYES.
V. ASSESSMENTS/ENVIRONMENTAL. DECLARATIONS:
1. En-Consultants on. behalf. of Lewis Edson to construct a
one-family dwelling, plus appurtenance. all which will be at
least 75' from tidal. wetland and therefore beyond Trustee
jurisdiction. There will. be clearing, grading and landscaping
up to 2.5' beyond proposed improvements. A 50' naturally
. vegetative buffer will be maintained except that selective
pruning will occur to afford views of the marsh from the house.
Located. Linden Ave. Cutchogue.
. TRUSTEE BREDEMER: I move to Neg. Dec.
Board of Trustees 11 November 20, 1992
TRUSTEE TUTHILL: Second. ALL AYES.
2. En-Consultants on behalf of Dr. Bennet J. Hess to replace
(within 18" ) 184 l.f. of existing timber bulkhead. plus ( 2) 1.0'
returns. Approx. 150 c.y. of clean backfill will be trucked.
in from upland. An existing 4' X 13 ' stairway will be removed
and replaced. Located. Peconic Bay Blvd. Laurel.
TRUSTEE BREDEMEYER.: I move to Neg.- Dec.
TRUSTEE SMITH: Second. ALL AYES.
3 . En-Consultants on behalf of Roger Vorce to extend. the
westerly return 16' landward and backfill with. 10 c.y. of clean
sand to be trucked in and place additional. 1 ton stone along the
return and westerly 1351 section of bulkheading.
TRUSTEE KRUPSKI: I'd like to strike that last part "and
westerly 135 ' section of bulkhead" , because that is really
misleading.
TRUSTEE BREDEMEYER: I move to Neg. Dec.
TRUSTEE SMITH: I second. ALL AYES.
VI . RESOLUTIONS
1. Close scallop season early - Hallocks Bay - Vote at next.
hearing.
VII . MOORINGS:
1. William C. Reimer, III requests mooring for. a 24' inboard
with 100 lb. mushroom in Mattituck Creek. Located 'end of
Raccoon Road, Mattituck.
TRUSTEE BREDEMEYER: Motion to approve.
TRUSTEE ALBERTSON: Second. ALL AYES.
2. Gerald Weir request a mooring for a 20' outboard in Richmond.
Creek.
TRUSTEE SMITH: I motion to approve.
TRUSTEE BREDEMEYER: Second. ALL AYES.
3 . Getchell. - requests waiver
TRUSTEE BREDEMEYER: I move to approve.
TRUSTEE TUTHILL: Second. ALL AYES
TRUSTEE. TUTHILL.: I move to close the meeting.
TRUSTEE SMITH: Second. ALL AYES.
Meeting adjourned at 8:15 p.m.
Respectfully Submitted By:
Board of Trustees 12 November 20, 1992
0"e
Diane J. Herbert
Clerk
RECEIVED AND FILED BY
TOW .,
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