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HomeMy WebLinkAboutTR-07/26/1990 o��SUFFO��coG TRUSTEES yo 2 SCOTT L. HARRIS John M. Bredemeyer, III, President O Supervisor Henry P. Smith, Vice President y��l �aO� Town Hall, 53095 Main Road Albert J. Krupski, Jr. John L. Bednoski, Jr. P.O. Box 1179 John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 MINUTES OF MEETING HELD ON JULY 26, 1990 7:00 PM PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. , Trustee John L. Bednoski, Jr. Trustee John H. Tuthill, Trustee Jane Blados, Clerk WORKSESSION was held at 6:00 PM. MEETING WAS CALLED TO ORDER AT 7 :10 PM. PLEDGE OF ALLEGIANCE: Dispensed with pledge; no flag. NEXT TRUSTEE BOARD MEETING: Thursday, August 23 , 1990-7: OOPM WORKSESSION: at 6: 00 PM. FIELD INSPECTIONS: Tuesday, August 14, 1990 at 8:00 AM. A motion was made by ALBERT KRUPSKI, seconded by HENRY SMITH to approve these dates. ALL AYES APPROVAL OF MINUTES of May 24, 1990 and June 21, 1,990 meetings: HENRY SMITH moved to accept the minutes of May 24, seconded by JOHN TUTHILL. ALL AYES JOHN BEDNOSKI moved to accept the minutes of June 21, seconded by HENRY SMITH. Vote of the Board: AYES, Trustees Smith, Bednoski, Krupski, and Tuthill. ABSTAINED: President Bredemeyer I . MONTHLY REPORT: The Trustees' monthly report for June: A check for $3 ,392. 50 was forwarded to the Supervisor' s Office. for the General Fund. Minutes, July 26, 1990 2 Board ,of Trustees II.PUBLIC NOTICES: Public notices are posted on the Town Clerk' s Bulletin Board for review. III: AMENDMENTS/WAIVERS/CHANGES: 1. J.M.O. Consulting in behalf .of MR. JAVELERA requests a waiver to reconstruct approximately 70' of failing retaining wall on property located on Fishers Island. Applicant has DEC approval with extensive conditions on the permit'. - John Bredemeyer, along with Steve Sanford of the NYSDEC, and Glenn Just inspected this site in May, 1990. After a brief discussion, and Glenn Just saying that this project will be supervised by someone the entire time, JOHN BEDNOSKI moved to approve the waiver, seconded by ALBERT KRUPSKI. ALL AYES. 2. En-Consultants, Inc. in behalf of ANTONIO PEREZ/ANNE BRANCH WILLIAMS request approval of revised plans ,as submitted on 6/28/90 in accordance to condition of permit #3821 approved at the April 25, 1990 meeting. ALBERT KRUPSKI made a motion to approve, seconded by JOHN BEDNOSKI. ALL AYES. 3 . En-Consultants, Inc. in behalf of WICKHAM' AND` KWIT .request amendments to existing permits. WICKHAM PERMIT #3799 : Add a 51x 16' float secured by two (2) 8" diameter pilings; a 41x 4' platform off the bulkhead and a 31x 12' hinged ramp leading from the platform to the float. KWIT PERMIT #3801: Construct a 41x 4' platform off the bulkhead; a 31x 12' hinged ramp leading to the existing float. Properties are located at Old Harbor Road, New Suffolk, NY on Schoolhouse Creek. ALBERT KRUPSKI made a motion to approve the amendments, seconded by HENRY SMITH. ALL AYES. 4. . Permit Research & Acquisition Company, Inc. in behalf of CAREY TANK FARM requests permission to demolish existing above ground storage tanks located on Luther Road, Mattituck, NY. Applicant has DEC permit. JOHN BREDEMEYER made a motion to approve the waiver, subject to no activity beyond the fence. ALBERT KRUPSKI seconded this motion. ALL, AYES. 5. , NICHOLAS THEOHARIDES requests to amend permit #3785 to read as originally applied for: Construct a 41'x 70' fixed dock instead of the 3 'x 70' fixed dock, as amended on ;May 24, 1990 . Minutes, July 26, 1990 3 Board of Trustees HENRY SMITH moved to approve the amendment, seconded by JOHN BEDNOSKI. Vote of the Board: AYES: Trustees, Bredemeyer, Smith, Bednoski, and Tuthill. NAY: Trustee Krupski 6. MARY SAYEGH requests a waiver to construct a 1418" x 716" addition to the west side of an existing home on property located at 515 (1465) Shore Drive, Greenport, NY fronting Pipes Cove. HENRY SMITH made a motion to approve, seconded by JOHN TUTHILL. ALL AYES. 7 :19 PM----JOHN TUTHILL made a motion to enter into public hearings, seconded by AL KRUPSKI. 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. 7 : 20 PM--JOHN BREDEMEYER: The first hearing is in the matter of STV/Sanders & Thomas in behalf of U.S. DEPARTMENT. OF AGRICULTURE to install replacement of existin4"bulkheads along approximately 200 feet of northern end of Orient Point Harbor Facility, removal and replacement of an earthen finger pier at the north end of the harbor with a wooden finger pier; and install mooring piles and a maneuvering dolphin associated with the pier. Location of the project is Orient Point Harbor, Orient, NY. In this matter, I believe we have- a representative of Plum Island here. John (Holzapfel) , if you could holler out in the hall, make sure everyone. . .on each hearing I want to announce it so there' s no question; everyone' s going to be afforded a chance to speak. JOHN HOLZAPFEL: I think you really have everybody who' s there. JOHN BREDEMEYER: We received just this date a set of drawings for the bulkhead replacement at Orient Point, so I believe we should take a look at it as we open the hearing. At this time I ' ll open up comments on behalf of this project. Does anyone' here wish to speak for the record? Sir? ERNEST ESCARCEGA: This is my first shot at it. JOHN BREDEMEYER: You' re here to answer questions and. . . and your name, sir, is? "ERNEST ESCARCEGA" JOHN BREDEMEYER: Ernest, are you with the Plum Island Disease Laboratory or STV/Sanders? ERNEST ESCARCEGA: No, with Plum Island. JOHN BREDEMEYER: Plum Island, ok. Minutes, July 26, 1990 4 Board of Trustees ALBERT KRUPSKI: I only have one question; what about the spoil .from the earthen pier, where' s that to be moved to? ERNEST ESCARCEGA: First question, and I' don' t even know the answer. JOHN BREDEMEYER: Why don' t we check it out. I conversed with the gentleman from STV/Sanders, who indicated to me that they would be showing us some drainage in the immediate area of the disturbance along the bulkhead, as requested by the Trustees and the Conservation Council. He said at this time they were reluctant to have full containment of 2 inches pet hour rainfall of the entire parking lot because they have a plan on the drawing books for an entirely redone parking lot within about two or three years in which they' ll incorporate all those saving features at that time. We will be notified. LARRY TUTHILL: In reference to a 2" rainfall; what happens in an area like that that does flood or so, all of a sudden you are containing salt water. JOHN BREDEMEYER: That' s correct, it is a concern. LARRY TUTHILL: Of what value is it to contain 2" of rainfall in an area like when you are only going to control ah. .you' re going to save all your salt water in these same basins when it floods. JOHN BREDEMEYER: It' s certainly a concern if you' re relying on fresh water, drinking water from that immediate area. It' s certainly a possibility. In this case, we' re discussing for the future the possible installation of flapper valves and a discharge out of. . . . HENRY SMITH: The post office in Greenport has,,..that— JOHN BREDEMEYER: There' s no covering letter, so we'll have to dig through to see what they have come up with for; the drain. The Board is reviewing the plan. ALBERT KRUPSKI : What about the concrete ramp.. Is it going to remain? Unidentified Speaker (MR. ESCARCEGA) : I believe what he was going to do is replace that, if you' re talking about that gravel, instead of covering the parking lot again with asphalt, they were going to put some gravel in there; 8'x 180' strip. Further review. . JOHN BREDEMEYER: OK, we' re going to have to see that somewhere on the plans. This is usually a bit late to be bringing out plans. Is there further information .that you.have., that you can communicate to us, because we didn' t know . . no one told us anything. . . MR. ESCARCEGA: I got my copy the same time, I think probably the same time you did; they expressed it in. I have a copy, I can look for it; try to save some time. JOHN BREDEMEYER: Also, they were going to give us, a description of the process of removal of the. single finger pier so that it wouldn't collapse into the harbor. Did they discuss that? Minutes, July 26, 1990 5 Board of Trustees MR. ESCARCEGA: Only that they would not remove any of the bulkhead until they have taken all the earth out. JOHN BREDEMEYER: We don' t have a demolition plan. LARRY TUTHILL: That was only all filled with beach sand. JOHN BREDEMEYER: Are you familiar with that? LARRY TUTHILL: I built it. JOHN BREDEMEYER: Oh, ok. HENRY SMITH: You going to be doing this work, Larry? Inaudible, number of people speaking at once. Still reviewing plan. . . JOHN BREDEMEYER: Ok, so they are showing the detail of a drainage swale for 8' behind the bulkhead. SPEAKER: Is that all around, now? JOHN BREDEMEYER: That' s for the extent of where they are doing the work. JOHN HOLZAPFEL: They are going to put 8 feet of . . .am I understanding you correctly, 8 feet of gravel that will allow the water to permeate through? JOHN BREDEMEYER: That is correct. JOHN HOLZAPFEL: And are they going to remove the big drains going into? JOHN BREDEMEYER: I believe that will not be happening at this time. That will be the function of the larger project in two or three years. JOHN HOLZAPFEL: So the majority of the run o.f>f... s,.tstill going to go into. . JOHN BREDEMEYER: Yes, it will. JOHN HOLZAPFEL: . .the grease and the oil and everything from the parking lot. JOHN BREDEMEYER: Essentially, at this time it will have to because they are not prepared now to do an entire, you know, parking lot. JOHN HOLZAPFEL: I 'm just asking. Is there a guarantee that it will happen forever, I mean, or are we just . .the Town just . giving away, I mean here' s an. opportunity for the Town to get something cleaned up. JOHN BREDEMEYER: I believe the representation had all appearances of. being good faith representation. They said it was on the drawing books. It says, you know, how the Federal government is with money. The thing is, the site' s not a high slope site, it' s not like we have a lot of pedestrian use to bring in pets or stuff there; you know it' s not. .ah and it' s also a harbor bottom, so I don' t, you know, I believe that the saving features that they are incorporating in the' work they are doing now and where they said they've got to do something and the base was already breaking up. So, I think they are going to be forced to do something anyway because the asphalt is starting to break up. Anyone who wishes to speak in any other capacity on this now that we looked at the plans? There being no further comment, it' s now 7 :27 PM, a motion to close this hearing? Minutes, July 26, 1990 6 Board of Trustees HENRY SMITH: I ' ll make the motion. JOHN TUTHILL: Second. ALL AYES 7:27 PM--JOHN BREDEMEYER: The next application is in the matter of . . . you wish to vote on it now? We' ll' vote on the applications as they come up. HENRY SMITH: I make a motion that we approve it as the plan is submitted. JOHN TUTHILL: Second. ALL AYES. 7:27 PM--JOHN BREDEMEYER: The next hearing is in ' the matter of the application of Lawrence Tuthill in behalf of CARL E.. VAIL, SR. to construct a bulkhead behind existing rock revetment and fence. Property located on Jockey Creek at Wells Avenue, Southold, NY. Is there anyone here who wishes to speak in behalf of the application? LARRY TUTHILL: I would just like to make a small retaining wall or so as originally built to be replaced. It' s needed to protect the land during these easterly storms. JOHN BREDEMEYER: For the information. of the Board, the drainage pipe has been removed as the Board requested, so the applicant has shown an interest in cooperating with the Board in protecting the creek. Also, the Board might be interested to know that this particular location happens to beta shellfish sampling site. The Conservation Department is the highest bacteria counts of the Jockey Town Creek system and removal of that pipe will eliminate additional pressure-,of-distributing the bacteria; probably is from run off further up the line. It . doesn' t necessarily come from this property, but the additional push there when it rains probably hasn't helped, so this is appreciated. ALBERT KRUPSKI: Who did the inspection to make sure the pipe was removed? JOHN BREDEMEYER: The Bay Constable performed it and there is a . written report. Anyone else wish to speak in favor of the application? Anyone here who wishes to speak against the application? JOHN HOLZAPFEL: We made - our comments, I think and, I presume . . replacing the bulkhead or is this a new bulkhead? JOHN BREDEMEYER: This is a very small, actually it' s a retaining wall. It' s behind the existing stone . . . It replaces, I guess, semantics in that the structure, which was in violation, was removed as per order of the Bay Constable and the Board. There' s nothing there now. ALBERT KRUPSKI: OK, one question that I have. This is an opportunity, again, to put in something that we discussed, some sort of non-fertilized planting behind the bulkhead, like a ten-foot zoned gravel or better yet, some sort of,you know, plant .material that would absorb the nutrients coming off the lawn, and also I would like to insist on re-vegetation in front of that bulkhead, retaining wall on the beach because the area has been, you know, admittedly de-vegetated by the applicant and I think there is really no excuse for that. Minutes, July 26, 1990 7 Board of Trustees LARRY TUTHILL: I 'd like to comment on that. If you take a look at the area in the winter time, you'd find that there are wetlands there, but it' s a sickly wetlands in the whole area, and it' s caused by the easterly storms. Now if you look in the area of Mr. Vail' s property, it' s not conducive to growing of wetlands, it' s a very hard soil. It' s almost like clay, and I don' t think it would grow there because like we don' t have wetlands on the ocean; we don't have wetlands on the sound; we don' t have them on the bay. You have areas like this that are susceptible to easterly winds and will be destroyed. It' s this that' s growing in the area, but it' s very sickly, it' s there, but it' s having a hard time growing. That' s in the adjacent property for about seven properties to the east, and I don't think you could put it in there and it would grow.. ALBERT KRUPSKI : - There' s just one thing that makes me think it might happen, part of a chance that if it' s left alone, and the applicant' s wife told us how she was removing this idiot grass that was growing there. She admitted that she was pulling it out, and for that reason I would like to see it re-planted. JOHN BREDEMEYER: If there are no. further comments, I think we can move ahead. HENRY SMITH: I got something that I would just like to put into the record. I 'm not in favor of the retaining wall that they want to build, but I am going to vote for it, and I think the main reason is because of the foot dragging of the- DEC on repairing the groins and the barrier beach out front there. that' s created this problem for Mr. Vail. ALBERT KRUPSKI: I don' t know if you can blame,-,_that..:,entirely on it, though. HENRY SMITH: I would say 950 of it. ALBERT KRUPSKI: How come the neighbor isn't similarly affected? HENRY SMITH: Well, it' s the way one piece sticks out from another piece, and Mr. Vail is on .a little bit of a point there. I think he takes the brunt of it. I think the main problem is that the barrier beach is gone and we had a chance repair with private funds and the DEC is just foot dragging on it, and I think they are creating a problem more so than they. . . . JOHN BREDEMEYER: I think the points are well taken. If there are no further comments in this matter, I' ll take a vote to close the hearing JOHN TUTHILL: So moved. ALBERT KRUPSKI: Second. ALL AYES. JOHN BREDEMEYER: Vote on the permit in the matter of Carl Vail? ALBERT KRUPSKI: I'd like to make a suggestion here on the application that conditions be (1) there be a buffer 10 feet 'landward of the bulkhead of the retaining wall, buffer of a non-fertilizer species. JOHN BREDEMEYER: You made a suggestion, would someone like to move on the application specifically? JOHN TUTHILL: Well, what kind of a•motion was it? Inaudible. . . .several voices. . . Minutes, July 26, 1990 8 Board of Trustees ALBERT KRUPSKI: I made the motion. JOHN BREDEMEYER: Oh, you said you'd give a suggestion. OK, I didn't hear you say it was part of the motion ALBERT KRUPSKI: And also that the area in front be re-vegetated with Spartina alterniflora and—what' s the standard pattern on that, every 1811 a square? JOHN BREDEMEYER: It' s closer when it is; I think it runs about a foot. ALBERT KRUPSKI.: OK, at one-foot intervals. JOHN BREDEMEYER: Is there a second on that? ALBERT KRUPSKI: Did I specify in the area from the rock retaining wall, the rock revetment to MLW. JOHN TUTHILL: Larry, will stuff grow behind that wall you' re going 'to put. You say it won' t grow in front of it. LARRY TUTHILL: Right now there' s just a lawn behind it, right behind it it' s all grass. Now he' s got . to. .supposedly according to this amendment, he' s got to tear up his lawn. JOHN BREDEMEYER: He could go to no fertilizer lawn, he could go to ?, couldn' t he? ALBERT KRUPSKI: But that's not. .I mean when you fertilize it so it gets fertilized, unless the Board feels that a 10 foot rock. . . . HENRY SMITH: Once the bulkhead is there, retaining wall, I don't have any problem with it, what' s on the other side of it. ALBERT KRUPSKI: We discussed this before. HENRY SMITH: I would go for, say go for the bulkhead, go for the re-planting of the grass in front of it and let it go at that. JOHN TUTHILL: What do you mean in front? HENRY SMITH: On the bay side, the creek side; re-vegetate it. JOHN BREDEMEYER: You want to have gravel behind it? ALBERT KRUPSKI: It' s going to be torn up, anyway. JOHN BREDEMEYER.: It would serve better for the bulkhead, anyway; it would have better drainage. LARRY TUTHILL.: There' s only got to be a foot behind of a landward side of it to dig the hole to put it in. HENRY SMITH: I think this is over-kill. JOHN BREDEMEYER: I think it may be, too. We don't have a second on that, . anyway, somebody . . . . . HENRY SMITH: I make a motion that we approve the retaining wall as it' s presented here with the re-planting of the marsh reconstruction, the marsh in front of it at one foot intervals. JOHN BREDEMEYER: OK, one foot on center; how deep, do you want it at the inter-tidal zone? One foot, two foot or three foot? ALBERT KRUPSKI: Make it more like five. JOHN BREDEMEYER: What' s your resolution, Henry? HENRY SMITH: I would say from the high tide mark to low tide. That' s usually where the actual stuff grows. JOHN TUTHILL: I' ll second that. ALL AYES. JOHN BREDEMEYER: You understand that? It' s pretty straight forward; a structure with a. . . LARRY TUTHILL: I just asked to build a retaining wall or so. It' s got nothing to do with what' s on a ? I don' t see why you're putting a condition in there that' s . . . . . Minutes, July 26, 1990 9 Board of Trustees JOHN BREDEMEYER: It' s the interest of the Board. Where they' re concerned is amply stated on the record with respect to prior de-vegetation. LARRY TUTHILL: I don't believe to go by what that lady said as proper. ALBERT KRUPSKI: She was the applicant at the time. JOHN BREDEMEYER: I just wanted make sure you had no questions as to what the Board was. Of course, the copy of the permit will be coming out. 7 :39 PM--JOHN BREDEMEYER: The next hearing we have is in the matter of the Grandfather application for THOMAS GRALTON, scheduled for 7:17, it is now 7:37 PM. I guess we should call people in on this. This hearing is in the matter of the Grandfather application of THOMAS GRALTON to reconstruct a dock on property located between Robert Thomas at 5605 Stillwater Avenue and the Edward Tashjian property in Cuthchogue, NY. SCTM #1000-137-4-1. It' s now 7 :39 and we shall open the hearing in this matter. Since a number of you were not able to hear the commencement of the hearings, I just wanted to remind you that we like comments to five minutes or less. Since .I understand there are differing opinions in most cases that come before the Board, if you could try to direct all your comments to the chair and avoid getting into a situation where we have banter back and forth. OK, in this matter is there anyone who wishes to speak on behalf of this application. THOMAS GRALTON: Yes, I would like to speak. - Iwould just like to submit to the Board a letter from eight of the nine owners who are in favor of the application being approved. JOHN BREDEMEYER: Would you like to read that for the record, Henry? HENRY SMITH: (reading letter) Dear Sirs: Please be advised that the following co-owners, 8 of 9 at the property at 137-4-1 on Stillwater Avenue, Cutchogue in the Town of Southold are in favor of' the approval of the Grandfather permit for the pre-existing dock at this location. (All names in file) JOHN BREDEMEYER: Is there anyone who wishes to speak additionally on behalf of this application? Is there anyone who wishes to speak against this application? GREGORY BLASS: Good evening, my name is Gregory Blass. I'm an attorney with offices at 120 Court Street in Riverhead and I, .09: 49:19 AM is limited, so I' ll get right to the point. I would like to hand in one, two, three exhibits for the record. One is the deed that my client, Mr. Robert Thomas has. On the second page of the deed you will see bracketed what is the ROW that everyone enjoys to this property that my client owns, and that is ROW by foot only. What' s happening in the course of the use of this ROW is what' s causing the controversy. It' s becoming a point where the stated intention- of the applicant, and he stated this to me as well as to others, is to establish' a floating dock in addition to .the existing dock. Others have talked about having sail boats and other craft, and eventually turning into a Minutes, July 26, 1990 10 Board of Trustees mini marina. One of the houses, specifically the applicant' s house, is on the market, and he wants to, in fact we understand is already is advertising as a house with mooring rights. Yet the deed to his property and of all the applicants, all those who support it, is access by foot only. If you' look at, and this relates to the application at hand, I' ll get to that point very quickly, if you look at the launching point for craft. across Eugene' s Creek at Fleetwood Road, they are, very specific about the kind of ROW that' s expanded to the ROW by foot, by vehicle, or by animal. But here, this ROW that was granted originally in the 1920' s, it' s for by foot only. , Now the concern we have is the expanding use by all of the other property owners, so that their property values increase at the expense of the value of the property that my client owns. When that happens, when a number of people want something to happen to increase the value of their properties, burdening the property of one individual, it' s before tribunals like this that fairness can come about. We oppose the application because the applicant has stated that intention, that they wish to not only repair this, but expand it and have a floating dock in Eugene' s Creek. We also oppose it because there is a question of liability with the expanded use of this facility. I want to establish, for the record, that my client does not wish to have this dock improved or even to have it there at all because of the liability question that he suffers, while the eight others have this expanded use. We are asking, though, that if this Board does grant this very specific permit, which is a permit..f.or the existing. facility to be grandfathered, that you specify that that permit is for the dock in its present configurations, in its present dimensions, and that any expansion plans that the applicants have stated publicly be the subject of further application before this Board. And finally, I want to point out that my client does not seek to be an obstructionist in this process. He is simply trying to preserve the value of his property with the understandings that were established when he bought it and that were brought out in the second and third exhibits. I have a survey map in there for you and I also have the first page of an opinion that went up to the appellate division and some litigation that occurred when a neighboring property owner had fenced off. This road, . known as "Sterlington Road" ; Sterlington Road never became - a road, and as Sterlington Avenue. . . .Stillwater Avenue, not Sterlington, Stillwater Road never became a road and was abandoned, in effect, by the Town and that' s why it became the property of the two adjoining property owners, my' client and another. So, what I wanted to point to show you, to demonstrate to you, that my client does not seek to be an obstructionist. He' s prepared to build at his own cost and expense a pathway to this dock that will go across an area within the 25 foot roadway ROW over which everyone has a right of way by foot only. He intends to apply to build a pathway to the dock or to the area that' s jointly owned by all nine property owners; 'that small triangle. Minutes, July 26, 1990 11 Board of Trustees JOHN BREDEMEYER: A catwalk, is that what you mean, and elevated. . . GREGORY BLASS: A catwalk or a gravel path; this will be submitted shortly by the applicant and by his engineer, John Geideman. So, that application is pending to show you that he' s cooperating, but what' s happening is the expansion of the use with cars and trailers, this is not by foot only; and this is exactly and only what the deeds that are owned by all of the adjoining property owners who signed this letter and some of whom are here tonight. That' s all the deed provides, but we ask that if there' s going to be a permit granted for the grandfather clause, that it be for the existing facility and no more. HENRY SMITH: That' s all they are asking JOHN BEDNOSKI: Absolutely! GREGORY BLASS: OK, but I Wanted to reflect upon stated intension of the applicant on previous occasions. JOHN BREDEMEYER: Just so it' s known for everyone present, the granting of grandfather applications for existing structures has always been a ministerial act of the Board, and I scheduled a hearing in this case because of the extraordinary nature. We've never had one contested before and to afford everyone a chance to talk, but we have always. . .it has been the policy that they are a ministerial act granted with great facility'based on their prior use and that there is no change to them. Those are the ground rules for a grandfathering permit. GREGORY BLASS: And will this be stated, Mr. Chairman, on the permit itself? JOHN BREDEMEYER: This will be. . .I'm sure the.-Board-.,will have no objection to explicit language affirming this policy on this permit. GREG BLASS: We'd appreciate that. ALBERT KRUPSKI : That' s all that is applied for; that' s all that will be acted on. GREG BLASS: Right, I appreciate your time and I ' ll be glad to answer any questions you may have. JOHN BREDEMEYER: Is there anyone else who wishes to speak on behalf .of this application; against the application? There being no further. . I would like to say something. First of all I have a picture of the dock that . . . . . . JOHN BREDEMEYER: And your name, sir, for the record. I'm THEODORE IRWIN, 4570 Stillwater Avenue, one-third owner of the house. We' re only asking for the reconstruction of what we have already and we' re not asking for anything . .about a floating dock, at least I'm not here for that. I'm here for the grandfather to rebuild what we have already. . .exactly. And as far as some insinuations that we're starting a mini marina down there, I've been. .my mother owned the house in 166 and myself and my two brothers have taken it over. There' s never been any nothing but peace and calm down there. JOHN BREDEMEYER: Good, we hope we can keep it that way. MR. IRWIN: Thank you. JOHN BREDEMEYER: Would you like your picture back, Mr. Irwin? MR. IRWIN: Once everybody sees it; I have two more. Minutes, July 26, 1990 12 Board of Trustees JOHN BREDEMEYER: OK, if there are no further comments I will take a motion from the Board to close the hearing in this matter. JOHN BEDNOSKI: So moved. HENRY SMITH: Second. ALL AYES HENRY _SMITH: I' ll make a motion to except this grandfather application of THOMAS GRALTON to reconstruct a dock on property located between Robert Thomas at 5605 Stillwater Avenue and the Edward Tashjian property in Cutchogue, SCTM #1000-137-4-1. JOHN BEDNOSKI: Second. JOHN BREDEMEYER: Would the Board wish to include specific language to the affect that said structure shall be no way changed in the outline or foot print of the existing structure. HENRY SMITH: It' s in the application. JOHN BREDEMEYER: Specific language, ok, the Board doesn' t think it' s necessary? Vote of the Board: AYES: Trustees Bredemeyer, Smith, Bednoski, and Tuthill. ABSTAINED: Trustee Krupski. JOHN BREDEMEYER: I' ll take a motion to go back on the regular meeting agenda. JOHN BEDNOSKI: So moved. JOHN TUTHILL: Second. ALL AYES V. ASSESSMENTS/ENVIRONMENTAL DECLARATIONS: l.En-Consultants, Inc. in behalf of THOMAS ZUKAS to construct a timber dock consisting of a 41x 10' upland inclined ramp; a 41x 15' fixed elevated (3 .5.above grade of marsh) walk; a 41x 14' hinged ramp a 61x 20' float secured by (2) 8" diameter pilings. Location of property is Smith Drive South, Southold NY on dredged canal off Goose Creek. HENRY SMITH moved to give this project a Negative Declaration, seconded by ALBERT KRUPSKI. ALL AYES. . John Holzapfel inquired whether the Trustees gave a letter of non-jurisdiction (for the house) and was informed that they did after taping it and checking it out. 2. En-Consultants, Inc. in behalf of WILLIAM GRIFFO to construct ( 2) 50' low-profile timber groins. Groins will extend out from existing bulkhead. Other groins are located to east and west. Dominant littoral drift is from west to east. Length was selected as an intermediate between groins to west ( 40+1 ) and to east ( 60+1 ) . Groins are needed as beach has narrowed significantly in front of subject property, located on Basin Road, Southold, NY on Southold Bay. John Bredemeyer pointed out that the Trustees saw quite a bit of erosion at the bulkhead that the applicant has there, and that Minutes, July 26, 1990 13 Board of Trustees the DEC has a coastal erosion unit that does look at these situations and that they take a real long look at 'these sort of things. Further discussion followed. HENRY SMITH made a motion to issue a Negative Declaration. The Board heard the remarks of John Holzapfel of CAC who was not in favor of this project. JOHN TUTHILL seconded the motion. ALL AYES. 3 . J.M.O. Consulting in behalf of JOHN L. BRAIDER to construct approximately 354' of timber retaining wall above 'MHW. Line. The southern most 215' will be backfilled with stone; the remaining 139' will be backfilled with clean sand which will be trucked in from an upland source. Applicant also proposes to construct a 61x 14' float and a 61x 36' float onto an existing dock. Project location is Gull Pond Lane on Gull Pond in Greenport, NY. JOHN BREDEMEYER made a motion to issue a Negative Declaration, seconded by JOHN BEDNOSKI . ALL AYES. 4. John H. Geideman in behalf of JOSEPH FUDJINSKI to excavate approximately 1000 c.y. and bulkhead to create a small. boat basin (for pleasure craft) . Spoil to be placed on owner' s land close to site located at foot of Fifth Street, New Suffolk, NY on Schoolhouse Creek. Since this property is commercially zoned,- the-addition of dock or other structures should probably have a Planning Board review. Also, the Board is waiting for additional information on creation of small marinas, along with additional advice from the Town Attorney. HENRY SMITH moved to TABLE this project subject to the above. A second to this motion was made by JOHN TUTHILL. ALL AYES. (The Board was also concerned about the fact that it' s an unspoiled marsh fringe there) . 5. COREY CREEK ASSOCIATION requests permit to install a 4' x 35' timber catwalk leading to a 3 ' x 10' ramp; a 6' x 140' float with (7) 4' x 18' fingers and 30 mooring piles. An existing "L" shaped 2' x 55' catwalk and a 4' x 10' float will be removed. There will be no dredging. Catwalk will be elevated over existing tidal. wetland areas and facility will be utilized only by property owners of Corey Creek Estates, located at the end of Corey Creek Drive, Southold, NY. JOHN BREDEMEYER made a motion to TABLE this application pending answers from the Town Attorney, the basic answers on zoning, pre-existing rights in deeds for docks, and also start having discussion on this Board as to how to handle the shellfishing issue regarding the toilets (on boats) . Minutes, July 26, 1990 14 Board of Trustees ALBERT KRUPSKI seconded this motion. ALL AYES. VI . EXTENSIONS: J.M.O. Consulting in behalf of FISHERS ISLAND COUNTRY' CLUB requests an extension on permit #2-3-89-4-4-12, which expires 3/30/91. HENRY SMITH made a motion to extend the permit until 3/30/92, seconded by ALBERT KRUPSKI. ALL AYES. VII . RESOLUTIONS: The Board decided to deviate from the regular schedule and process the request of DAVID WINKLER to amend existing permit and to issue mooring permit which were discussed at the worksession and TABLED at the June 21, 1990 meeting. Following a discussion on both the dock extension, and the mooring permit: HENRY SMITH made a motion to approve the amendment to the dock, seconded by ALBERT KRUPSKI. ALL AYES. ALBERT KRUPSKI moved to approve the application for the mooring, seconded by HENRY SMITH . This is based on the.-condition that the . applicant use a For & Aft anchor. ALL AYES. RESOLUTIONS. . . . 1. Set date for Public Hearings for August 23, 1990. JOHN BREDEMEYER made a motion to set hearings for all matters which received a Negative Declaration this evening, seconded by JOHN TUTHILL. ALL AYES. a) Set date for Public Hearing for August 23, 1990 for Port of Egypt Marine. Status of application: If necessary, an amended drawing will be submitted with eliminating the discharge from the' wash down with drywells. HENRY SMITH made a motion to set the public hearing for August 23 . JOHN BEDNOSKI seconded this motion. ALL AYES. 2. Transfer of John Maher mooring in James Creek to ALLAN DINIZIO: i Minutes, July 26, 1990 15 Board of Trustees ALBERT KRUPSKI moved to approve the transfer, seconded by HENRY SMITH. ALL AYES. 3 . Accept Bruce Anderson' s (Consultant to Trustees) report on Chardonnay Estates: HENRY SMITH made a motion to accept the report, and for the record, that it was very well done, seconded by JOHN TUTHILL. ALL AYES. JOHN BREDEMEYER: I offer a Negative Declaration in the application of Chardonnay Estates subject to the approval of the Town Trustees' of a work plan in conformity with the recommendations of the wetland consultant., Bruce Anderson. ALBERT KRUPSKI seconded the motion. ALL AYES. 4.Approve the PETER O. CRISP application, which was tabled at the 6/21/90 meeting pending the report of the Fishers Island Harbor Master, John Clavin. Mr. Clavin did report that there was no problem and that it was in keeping with the area and there was no interference with navigation. HENRY SMITH made a motion to approve, seconded by JOHN TUTHILL. ALL AYES. 5. Approve the ice permit application of LINDA KLEIN. Project located on Pine Tree Road, Cutchogue, NY. HENRY SMITH made a motion to approve, seconded by ALBERT KRUPSKI. ALL AYES. 6. Correct error of omission in the May 31, 1989 minutes regarding the Negative Declaration on Port of Egypt: JOHN BREDEMEYER moved to approve that we include the words that were left off the record for a negative declaration. The motion was made to insert the words "was resolved to assess this as a Negative Declaration." HENRY SMITH seconded the motion. ALL AYES. VIII. MOORINGS: 1. JOHN KERBS requests an offshore mooring permit in Gull Pond for a boat with a 5' draft JOHN TUTHILL made a motion to TABLE this application, seconded by JOHN BREDEMEYER. ALL AYES. Minutes, July 26, 1990 16 Board of Trustees At this time HENRY SMITH made a motion to clarify boat length as follows: 1. Current Federal registered documentation; 2. Current N.Y.S. Motor Vehicle registration; 3 . If neither of the above, the manufacturer' s specification of length. JOHN BREDEMEYER seconded this motion. ALL AYES. 2. BRUCE LOUCKA requests an offshore mooring permit in Town Creek for a 23 ' sail boat. HENRY SMITH made a motion to approve, seconded. by, JOHN BEDNOSKI. ALL AYES. 3 . JOHN J. CARWAY requests mooring permit in Goose Creek for a 14' aluminum outboard. HENRY SMITH made a motion to approve, subject to his visual inspection, seconded by JOHN BREDEMEYER. ALL AYES. 4. SALVATORE W. CAMPO requests mooring permit in Goose Creek for 19' outboard. (Offshore stake w/pulley to onshore stake) JOHN BREDEMEYER move to approve, seconded by ALBERT KRUPSKI. ALL AYES. The following three ( 3) requests for moorings ri Narrow River will be voted on as a group, since a survey has ,been completed: 5. KENNETH RAAB requests mooring permit in Narrow River for a 12' row boat. This was tabled at 3/90 meeting. Stake NR #31 is available. 6. ANNE MACKAY requests mooring permit in Narrow River for a 8' row boat. (Offshore stake w/pulley to onshore) NR #4 is available. 7 . RICHARD PERKINS requests mooring permit in�Narrow River for a 15' outboard. (Offshore stake w/pulley to onshore) NR #17 is available. JOHN BREDEMEYER moved to approve as a group, seconded by HENRY SMITH. ALL AYES. IX. GRANDFATHER APPLICATION: 1. HELEN CASE requests a grandfather permit for; existing rock and concrete breakwater located on the southerly side of New Suffolk Avenue, Cutchogue, NY. (SCTM *1000-116-6-21) Minutes, July 26, 1990 17 Board of Trustees Applicant requests permission to allow rocks and concrete to be placed on this breakwater to replace what has been washed away. JOHN BREDEMEYER moved to approve the application, subject to the following stipulation: Prior to placing any additional materials, such as concrete, that the DEC and the Bay Constable be contacted. This motion was seconded by JOHN BEDNOSKI. ALL AYES. FROM THE WORKSESSION 1. J.M.O. Consulting in behalf of RICHARD OLIVERI requests permit to construct a single-family dwelling, sanitary system, decking, etc. on property located on Crescent Avenue, Fishers Island. Project has been staked by Steven Sandord of the DEC. JOHN BREDEMEYER moved to assume Lead Agency, seconded by JOHN BEDNOSKI. ALL AYES. 2. J.M.O. Consulting in behalf of ROBERT PATTERSON requests permit to construct two (2) guest rooms, a gravel path and install one ( 1) additional 6' drywell at existing sanitary system. Project location: Crescent Avenue, Fishers Island. JOHN BREDEMEYER made a motion to assume Lead Agency, subject to DEC having no objection to local agency taking lead. JOHN BEDNOSKI seconded this motion. ALL AYES. ASKED TO BE HEARD: 1. Lawrence Rutter in regard to constructing (in the future) a small marina at the foot of Love Lane in Mattituck, east of, and adjacent to the Park District. Trustees to meet with Mr. Rutter during field inspections on August 14. 2. Lorraine Dunhuber aired a complaint regarding a neighbor who was supposedly depositing materials on the beach near her home. She requested that the Trustees meet with her on August 14, during field inspections. DON DZENKOWSKI, Bay Constable proposed a change in the shellfish ordinance to coincide with the wetland ordinance so that the bay constables could issue a summons right away. Don requested for the Trustees' negative or positive input, since it is to go before the Town Board. The ordinance was read to the Board members. Minutes, July 26, 1990 18 Board ,of Trustees I . Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-211 (Dredges and Scrapes) is hereby amended by adding a new subsection 77-211. 2 to read as follows: 77-211. 2 No person shall remove beach grassesof wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior ,written approval by the Board of Trustees of the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. Mr. Dzenkowski also suggested the implementation of administrative fines. JOHN BREDEMEYER made a motion the Trustees approve the Local Law- amendment as read by the Bay Constable. ALBERT KRUPSKI seconded the motion. ALL AYES. Copy to go to Town Attorney and Town Board. John Bednoski inquired as to the procedure of. procuring fees for surveys. done by VanTuyl, such as for Gus Wade. ; Henry Smith inquired whether there is anything new' on the dredging project on Pine. Neck with the DEC. Discussion followed. Motion made by HENRY SMITH to adjourn the meeting, ' seconded by JOHN BEDNOSKI. ALL AYES MEETING ADJOURNED AT 9:20 PM. Respectfully submitted, RECEIVED AND FILED BY D� THE SOUTHOLD TOWN CLERK ne Blados, Clerk DATE I�b ��!.� HOUR q_;QUp>q. Town Clerk, Town of Southold