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Home My WebLink AboutTR-10/22/1992 C f J TRUSTEES �O`�SUFfO��C'pG SUPERVISOR John M. Bredemeyer, III, President 'yam SCOTT L.HARRIS Albert J. Krupski, Jr., Vice President y -'� Henry R Smith Town Hall John B. Tuthill 53095 Main Road William G. Albertson �Ol �� P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES OCTOBER' 22, 1992 * Note: Due to a malfunction of recorder only some of the meeting was taped. PRESENT WERE: John M. Bredemeyer, I:II, President Albert J. Krupski,. Vice President Henry P. Smith, Trustee William G. Albertson, Trustee John L. Tuthill, Trustee Diane J. Herbert, Clerk WORKSESSION: 6:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTER BOARD MEETING: Thursday, November 19, 1992 of 7 PM WORKSESSION: 6:00 p.m. NEXT FIELD INSPECTION: Thursday, November 12, 1992 at 8 a.m. APPROVE MINUTES: January 16, 1.992, February 26, 1992, September 17, 1992. I . MONTHLY REPORT: Trustees monthly report for September 1992: A check for $1,290.11 was forwarded to the Supervisor's Office for the General fund. II. PUBLIC NOTICES: Public notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: 1. En-Consultants on behalf of. Edward Fergus request a one year extension for the construction of a dock to expire. f � Board of Trustees 2 October 22, 1993 September 28, 1993 . This is the last extension on permit #3815. Located ROW off North Bayview Road, Southold. TRUSTEE SMITH moved to approve a one year extension. TRUSTEE KRUPSKI second. ALL AYES 2. Peconic Association on behalf of Brick Cove Marina request an amendment to permit #3959 to dredge a. recently discovered shoal area at the entrance to the marina, approx. 550 c.y. to a depth of 61 . Also to add a fuel dock slip, a work boat slip for a 14' Pram, and a work boat slip for boats to pull in that need repairs or servicing. As revised plans dated August 31, 1992. TRUSTEE SMITH moved to approve with stipulation of an inspection . of Town engineer & Bay Constable at a charge to applicant. TRUSTEE TUTHILL second. ALL AYES 3 . James Fitzgerald on behalf of Thomas Coffin requests an amendment to make the deck 15 ' X 67' with a hot tub, as shown on the enclosed "project plan" dated as revised July 2, •1992. TRUSTEE KRUPSKI moved to approve the amendment, TRUSTEE SMITH second. ALL AYES 4. . Linton I. Duell request a waiver from Chapter 97 to raise and renovate house. Located. Bay Ave, ROW off Village Lane, Orient. TRUSTEE TUTHILL moved to approve the waiver, TRUSTEE SMITH second. ALL AYES 5. George Loehr requests a waiver to construct a 10' X 24' deck onto existing house, as shown on survey. Located Hobart Ave. Southold. TRUSTEE SMITH moved to approve the waiver, TRUSTEE TUTHILL. second. ALL AYES 6. Charles Kozora requests a waiver to construct. a' 14` X 24' deck attached to existing dwelling and a 20' X 24' shed as shown on survey. - Located Rt. 25, Greenport. TRUSTEE BREDEMEYER moved to approve the waiver, TRUSTEE KRUPSKI second. ALL AYES IV. PUBLIC HEARINGS.: THIS IS A PUBLIC HEARING IN THE MATTER OF THE: FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE' TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE. SUFFOLK TIMES AND AN AFFIDAVIT OF PUBLICATION FROM THE LONG. ISLAND TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF" FIVE ( 5) MINUTES OR LESS, IF POSSIBLE. 7 :30 P.M. - In the matter of Land Use on behalf of Jon Wendell request to construct 3 ' X 150' timber stairway with (3) 4' X 5' ' Board of Trustees 3 . October 22, 1993 landings from top of bluff to toe of bluff. Located Aldrich Lane, Mattituck. TRUSTEE KRUPSKI moved to close the hearing. TRUSTEE ALBERTSON second. ALL AYES. TRUSTEE KRUPSKI moved to approve Chapter 97 & 37. TRUSTEE SMITH second. ALL AYES. 7 :32 P.M. - In the matter of Donna Schlegel request to construct a single family dwelling as approved in.. 1986. Located 965 Baille Beach Road and. East Side Ave. Mattituck. TRUSTEE SMI.TH. moved to close the hearing. TRUSTEE ALBERTSON second. ALL AYES TRUSTEE SMITH moved to approve and to include all previous requirements. TRUSTEE ALBERTSON SECOND. ALL. AYES 1 : 35 P.M. - In the matter of En-Consultants on behalf of Josh London to construct 50 l.f.. timber retaining wall which will. tie into return of propos.ed. wall of Pas.salaque to east and have a 12 ' return on west side. Approx. 150 c.y. of backfill will be trucked in from access point at Duck. Pond. Road. (to west) . Existing stone will be used for armor and lain on filter cloth and 50-100 lb. bedding (core) stone. Construct an. access stairway from crest of bluff to beach. consisting of 4' X 4' platform at crest of bluff; 4' X 30' staircase.; ( 2) 4' X 4' platforms in front and behind retaining wall; 4' X 10 ' steps to beach. Located ROW off Oregon Road, Cutchogue. TRUSTEE SMITH moved to close the hearing. TRUSTEE TUTHILL. second. ALL AYES TRUSTEE SMITH moved to approve Chapter 97 & 37 . TRUSTEE TUTHILL. second. ALL. AYES 7 :38 P.M. - In the matter of. John Geideman on. behalf of Ernest Gaebel. request. to construct 75' of bulkhead with 10' returns and 6' X 10' fixed dock, 31 X 15' ramp and .(3) 6' X 20 ' floats. Located .Westview Drive, Mattituck. TRUSTEE. SMITH moved close the hearing TRUSTEE KRUPSKI second. ALL. AYES TRUSTEE TUTHILL approved as per survey dat.ed. 8/24/92. at toe of bluff. TRUSTEE KRUPSKI second.. ALL AYES 7: 40 P.M. In the matter of Peconic Associates on behalf of Linda Taggert to construct 24' X 33 ' single story antique marine: and gift shop including access drive and parking. as applied for. Located Rt. 25, Greenport. TRUSTEE. SMITH moved to close the hearing. TRUSTEE KRUPSKI second. ALL AYES TRUSTEE. KRUPSKI moved to approve subject to revised map showing berm as per CAC. TRUSTEE ALBERTSON second. ALL AYES. 7: 44: P.M. - In the matter of Samuels & Steelman on behalf. of George Hagemeister to construct a one family dwelling:, Board of Trustees 4 October 22, 1993 sanitary system, well & deck 75' from wetlands edge. Land to be disturbed will be landscaped. Located Little Neck, Road, Cutchogue. TRUSTEE SMITH moved to close the hearing; TRUSTEE TUTHILL second. ALL AYES TRUSTEE KRUPSKI moved to approved. subject to 50 buffer undisturbed between MHW to project. TRUSTEE ALBERTSON second. ALL AYES. V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: 1. Peconic Land Trust on behalf of Plock Family Joint Ventures to construct 211' of rock revetment and 357' of bulkhead replacing existing bulkheading within 1811 , 1700 c.y. of dredging and filling to construct boat basin/mariculture area, remove approx. 1951of pier, deck over approx. 240' of pier, fill approx. 15,000 s.f. of vernal area & improve or create 15,000 s.f. of wetland habitat. ' Located at Bayview, Southold. TRUSTEE SMITH moved to approve a negative declaration. TRUSTEE KRUPSKI second. ALL AYES. 2. Harley Arnold on behalf of David Tuthill. request to construct a 4' X 40' catwalk with 3 ' X 16' ramp and 6 ' X 20' float as shown on survey. Located 2350 Deep Hole Drive, Mattituck. TRUSTEE SMITH moved to approve a negative declaration. TRUSTEE TUTHILL second. ALL AYES. 3. En-consultants on behalf of. James Neefus request to remove and replace inkind/inplace 174 l.f. of timber bulkhead. Dredge up to 101- off bulkhead to maximum. depth of. 4' with 75 c.y. additional fill brought in from upland source. Located Sailor's Needle Road, Mattituck. TRUSTEE SMITH moved to approve for a negative declaration. TRUSTEE TUTHILL. second.. ALL AYES 4. John Geideman on behalf. of Elaine Ramagnoli request waiver for 28 ' X 32' deck already built. Located 1230 First Street, New Suffolk. TRUSTEE ALBERTSON moved to approve A negative declaration. TRUSTEE TUTHILL second. ALL AYES. 5. Tessler Associates on behalf of Joseph Mantione request to construct fixed pier structure 4' X 1001 and 1.4' ramp and (2) 6' X 20 ' docks. Located 54275 Stillwater Ave. Cutchogue. TRUSTEE. SMITH motioned to give a negative declaration... TRUSTEE KRUPSKI. second. ALL AYES 6. Samuels & Steelman on behalf of Harry Hohn to construct new stairs and catwalk, from. existing bulkhead to beach. Located. 8980 Nassau Point Road, Cutchogue TRUSTEE KRUPSKI. moved to give a negative declaration.. s" ' Board of Trustees 5 October 22, ,1993 TRUSTEE ALBERTSON second. ALL AYES 7. Costello. Marine on behalf of. Joseph Beradino to install approx. 107 ' rock revetment with two 15' returns, backfill void area with 32 yards of fill and vegetate with. Rosa Rugosa. and beach grass. Located 62825. North Road, Greenport. TRUSTEE SMITH moved. to give a negative declaration. TRUSTEE ALBERTSON second. ALL AYES. 8. John Geideman on behalf of Angela Radovic request to construct 135' bulkhead. 1:0' landward of existing dock as shown on revised survey dated October 1.8, 1992. Located Clearview Ave. Southold. TRUSTEE KRUPSKI moved to table and send a letter informing him of, violation., and to do no more mowing, or cutting. TRUSTEE SMITH second. ALL AYES. 9:.. 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 201 section of fixed. walkway and rip-rap adjacent to launching -ramp will be removed and replaced. The existing 10' X 48' launching ramp will be resurf.aced. with concrete. Add ( 5) 2. 5 X 1.6' fingers and. ( 3) 2.5 X 16' fingers to sections. of existing main floats as shown on plan. A drain. gut.ter has been added at the upper end. of the launching ramp. The backfill. of the northerly 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. TRUSTEE. SMI.TH moved to give a negative declaration with survey showing more drainage and sloping away. TRUSTEE KRUPSKI second. ALL AYES: VI . RESOLUTIONS: 1. Board to set public hearings for the November 20, 1992. regular meeting for those applications receiving negative declarations and. the following items that are Type II. actions pursuant to Trustee SEQRA Policy: 2 . Dean Blaikie - Mill. Creek Inn - request grandfather permit for docks as shown on survey. Located Rt. 25, Southold.. TRUSTEE SMITH moved to approve grandfather. permit. TRUSTEE ALBERTSON second. ALL AYES. 3. Variance applicati.on. of Tony Kostoulas to construct a 670 s.f. deck within the boundary hazard area.. Located. Aquaview Ave. East Marion. TRUSTEE KRUPSKI moved to approve application.. TRUSTEE ALBERTSON second. ALL AYES Board of Trustees 6 • October 22, 1993 4. Variance application of Theodore Petikas to construct a one-fami.ly dwelling, underground utilities, sanitary system and associated retaining wall. Approx. 475 c.y. of clean fill will be trucked in to raise grades to those shown on survey. Located Middle Road, Southold. TRUSTEE KRUPSKI moved for a negative declaration. TRUSTEE. SMITH second. ALL. AYES TRUSTEE KRUPSKI moved to approve permit TRUSTEE SMITH second. ALL AYES.. 5. Quit Claim - A. Demala. - as per description & Pres. to Exec. contract.. TRUSTEE TUTHILL moved to approve TRUSTER SMITH second.. ALL AYES VII. MOORINGS: 1. Marianne Fahs request mooring in Narrow River for a 17 ' sail. boat. Access: Town. Ramp. TRUSTEE SMITH moved to approve with a. 75 lb. mushroom. TRUSTEE BREDEMEYER second. ALL. AYES. 2. Michael Reich request duck. blind in. Arshamomaque. TRUSTEE SMITH moved to approve.. TRUSTEE TUTHILL second. ALL AYES. Meeting adjourned. 9:15 p.m.. i Respectfully Submitted By: ll',CiV aD S°!�''(+�� B G� 1IEE SO J 'U'la�CLD 1O Lr'LT�VT lrLEMK Diane J. Herbert DATE#-13�'73 HOUR %26 Trustee Secretary �11. oven Clow_, 'loin o So ,. P TO: Town of Southold - OCT FROM: Edward P. Sharretts, Jr. no 0'' %D k ' k RE: Who Owns the Underground Water in the Town of Southold G The original settlers of the Town of Southold acquired title to the land from the native indians and thereafter those deeds were P recognized and confirmed by the King of England through his agents, Andros and Dongan (while the Dongan patent is not available, it is presumed that it is the same as can be found in the patents granted by Dongan to Southampton, East Hampton, Brookhaven et al) . The Ding, under the laws of discovery, had the absolute right to grant to the settlers as patentees for and in behalf of themselves and their � associates, the freeholders and inhabitants of the Town of Southold, erected and made one body corporate and politic called by the name of the Trustees of the Freeholders and Commonalty of the 'Town of Southold. F These patents were clearly contracts between'the King'and his r subjects, wherein grants were bought and paid for by- the patentees. As such, these grants and rights cannot be usurped or preempted by the State by the enactment of the ECL in 1972 nor by prior legislation under the Conservation Laws. These rights are contractual and k protected by the Constitution of the United States as well as the Constitution of the State of New York. If we can consider that the patents are valid, what did they GS specifically grant to the patentees that can now be the property of the r. Town of Southold? The grants were and are as follows: ". . .All the afore mentioned Tract of Land, with the Necks and Islands within the said Bounds sett forth and described as aforesaid, L Together with all the Rivers, Lakes, Waters, Quarrys, Timber, Woods, Wood Land, Plaines Meadows, broken pieces of Meadowes Pastures, Marshes, ffishing, Hawking Hunting and ffowling, and all other Proffitts Commodities, Emoluments and Hereditaments, to the said Towne, . . ." (From the Andros Patent, November 1, 1676); and further krF- LL R ■ .r.� r ..�s_w;w�*us..�,�,�__"""='° fir•^ ��nrrs�..,...__� _ 0 a s " . .all the afore recited tracts and necks of land within the 12 bounds and limits aforesaid together with all and singular the houses MESSUAGES Tenemants' buildings millnes millnedames fencings inclosures gardens orchards fields: pastures -woods underwoods trees timber Comon F of pasture feedings meadowes marshes swamps plainer Rivers R.ivolets Waters lakes ponds brooks streamer beaches Quarris mines minerals Creeks harbours highways and easements fishing hawking hunting and fowling (silver and gold prunes Excepted) and all either franchizes profitts Comodityes and hereditaments whatsoever. . .".�`. It is noted that the grants pertain to matter under the ground (minerals, mines, water) r as well as matter over the ground. The common law of England at that E R time declared that underground waters were -the property of the sovereign until withdrawn by the land owner. Today, the sovereign is the Trustees of the Freeholders and Commonalty of the Town of Southold and. thus has title to the underground waters found in the Town of E Southold. (see 12 Ecology 429) (1985) . It is obvious that the conservation laws of the State of New York were written without any thought being given to' 'the patents that were specifically protected by the constitution of the State and the e United States. These patents gave not only a recognition of the titles, a but also the right to manage and control. The ECL is replete with sections that either through intent or ignorance of the patents have attempted to usurp to the State rights that were granted to the R Trustees. We further believe that the ownership and management of the questioned waters were purchased and uniformly confirmed by every F r source from which ratification could coarse to us; and thus were vested f not subject to divestiture, recall or revocation. r Edward P. Sharretts, Jr. *Dungan Patent, 1666 e A `