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HomeMy WebLinkAboutTR-02/24/1988 -Board of Trustees Y February 24, 1988 - Page 3. WOLF PIT ASSOCIATES: Trustee Krupski will draft a letter regarding a reed bed for this project. John Tuthill and Diane Latham were present at the meeting as they were concerned with the State surveying around Hallock' s Bay Area. The Trustees suggested that they meet with the Town Board so that their questions could be answered further regarding this matter. Trustees suggested that a meeting be set up with the Bureau of Marine Habitat Protection to discuss this matter with their agency. There being no further business to come before the Board the meeting was adjourned. FEBRUARY 24, 1988 REGULAR MEETING The Regular Meeting of the Board of Town Trustees was held on Wednesday, February 24, ,1988 at the Southold Town Hall, Main Road, Southold. President John M. Bredemeyer, III introduced the members of the Board and other Town Officials that were present at the meeting as follows: Donald Dzenkowski, Bay Constable, Trustee John Bednoski, Vice-President- Albert Krupski, Jr. , Clerk, Ilene Pfifferling, Trustee Henry P. Smith and John Holzapfel, Chairman of the Conservation Advisory Council. President Bredemeyer opened the meeting with the Pledge to the Flag. It is noted for the record that Mr. Charles Wittmer from the Southold Park District appeared before the Board regarding work to be done at Founder' s Landing, Southold. President Bredemeyer advised that Field Inspections will be held on March 17, 1988 to commence at 9: 00 a.m. to depart from Town Hall, Main Road, Southold. The Trustees will convene a work session at 2: 00 p.m. to be held at Town Hall, Main Road, Southold. The next regular meeting will be held on March 24, 1988 to commence at 7: 00 p.m. to be held at Town Hall. Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED to APPROVE the Organizational and Regular Meeting Minutes of the January 21, 1988 meeting. Vote of Board: Ayes: All - This resolution was declared duly adopted Moved by Trustee Smith seconded by Trustee Bednoski it was RESOLVED to APPROVE the March 1988 mooring renewals. B,,ard of Trustees February 24, 1988 - Page 2. PUMP OUT STANDARDS: The Trustees will set up a meeting with the , Conservation Advisory Council and Dave Newton of Cooperative Extension in regard to this matter. COAST WEEK: Trustee Krupski will be working on this project with the Conservation. Advisory Council and the North Fork Environmental Council. ASPHALT RAMPS: Trustee Bednoski submitted a list of ramps to be improved. (see resolution on page 17. ) FISHERS ISLAND INSPECTIONS: A request will be made to the Town Board for clarification regarding inspections on Fishers Island by Mr. Larry Penny. DONALD COX: Mr. Cox appeared before. the Trustees in reference to his wetland application. The Trustees requested that he submit an overlay of the property in Mattituck depicting all of the marine structure on the property. WETLAND DETERMINATIONS: Trustee Bredemeyer advised that there were conflicting determinations regarding the wetland line for the Cove at Southold. He advised that there will be a meeting with the Chairman of the Board of Appeals on February 22, 1988 at 6:30 p.m. at Town Hall to present a history of the Cove matter. The following communications were reviewed: 1. From Assemblyman Joseph Sawicki, Jr, a communication regarding Conditional Shellfishing. 2. From Pieter VanVolkenburgh, Chief, Bureau of Shellfisheries regarding a Conditional Shellfishing Program. 3. From Patricia C. Moore, Attorney regarding the Cook/Wortis matter. 4. From Christopher Kelley, Attorney, regarding Howard and Dorothy Zehner. 5. From Merlon E. Wiggin, Pres. , Peconic Associates regarding Dorothy & Howard Zehner. 6. From Gary Flanner 0.lsen, Attorney, regarding the minor subdivision of Dr. Savits. Property needs to be staked for inspection. 7 . From Roy L. Haje, President, En-Consultant's, Inc. regarding the John Dwyer application. All communications are listed starting on page 4. (Regular Minutes) Board of Trustees February 24, 1988 - Page 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. President Bredemeyer gave the monthly report for January 1988 as follows: Application Fees, $140 .00, Wetland Inspection Fees, $30.00, Wetland Application Fees, $1350. 00, and Mooring Renewal Fees, $180. 00 . A total of $1700. 00 was transmitted to the Supervisor's Office to be placed in the General Fund. Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to Accept the Report as submitted. Vote of Board: Ayes: All - This resolution was declared duly adopted. President Bredemeyer advised that the Public Notices are published on the Town Clerk' s Bulletin Board if anyone wishes to review them. President Bredemeyer advised the audience that the Communications were discussed during a March 17th work session, but asked the Clerk to read through the communications in case there were any additional questions or comments. 1. From Assemblyman Joseph Sawicki, Jr. regarding Conditional Shellfishing. 2. From Pieter VanVolkenburgh, Chief, Bureau. of Shellfisheries regarding a Conditional Shellf.ishing Program. President Bredemeyer advised that a letter was forwarded to the D.E.C. thanking them for an offer for additional Conditional Shellfish Monitoring, as. well as letters to the Supervisor, Town Board Members and Chief of Police to get authorization for the Bay Constables to bring water samples to the D.E.C. and Health Department. 3 . From Patricia C. Moore, Attorney, regarding the Cook/Wortis matter. 4. From Christopher Kelley, Attorney, regarding the application for Howard and Dorothy Zehner. This matter will be referred to the Town Attorney for a determination on the question that was raised regarding segmentation. 5. From Merlon E. Wiggin, Peconic Associates regarding Howard and Dorothy Zehner. 6. From Gary Flanner Olsen, Attorney, regarding the minor subdivision of Dr. Savits. 7. From Roy L. Haje, President, En-Consultants, Inc. regarding the application of John Dwyer. 7 Board of Trustees February 24, 1988 - Page ' 5. 8. From George D. Costello regarding Helen. Reiter. This was an. acknowledgement that the work has commenced. 9. From Wilbur Klatsky regarding the Cove at Southold. There will be a brief discussion at the end of the regular agenda regarding this matter. 10. From the Town Clerk a letter advising that the Town Board accepted the proposal of Robert Bohn, Contractor to erect fencing on property located on South Harbor Road, Southold. That is in reference to the Southold Park District/Cook/Wortimatter. 11. From John H. Geideman on behalf of Floyd King regarding his application for a wetland permit. 12. From A. Agarabi, M.D. , F.A.C.S. regarding Matt-A-Mar Marina.. The Trustees have requested a map depicting all of the marine structures on the property. 13 . From Frank Yakaboski., Attorney, regarding the Moore/Herzweig application. 14. From Joseph B. Hall, Environmental Analyst, NYSDEC regarding Floyd King, Wetland Application No. 594. 15. From Lewis L. Edson a survey for property on Clearview Ave. , Southold. This property will be inspected in March. 16. From James McMahon, Administrator, Community Development regarding a request for support of the Truman Beach Fishing access. Moved by Trustee Smith seconded by Trustee. Krupski it was RESOLVED that the Southold Town Trustees are in support of the Town Board acquiring Truman Beach ramp for access to the water. Vote of Board: Ayes: All - This resolution was declared duly adopted. The Trustees commenced with agenda item five: LEADS: JAMES F. MURPHY, JR. - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act inthe matter of the application of James F. Murphy, Jr. for a Wetland Permit on certain property located at 765' Waterview Drive, Southold. Vote of Board: Ayes: All - This resolution was declared duly adopted. Board of Trustees February 24, 1988 - Page 6. T j JOSEPH AND JOYCE ZEVITS - LEAD AGENCY DECLARATION Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agecy in regard to the State Environmental Quality Review Act in the matter of the application of Joseph & Joyce Zevits for a wetland permit on property located on Little Peconic Bay Lane, Southold. Vote of Board: Ayes: All - This resolution was declared duly adopted. EN-CONSULTANTS, INC. ON BEHALF OF EDWARD DEUTSCH - LEAD AGENCY DECLARATION. Moved by Trustee• Bednoski seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard .to the State Environmental Quality Review Act in the matter of the application of En-Consultants, Inc. on behalf of Edward Deutsch for a wetland permit on certain property located on Cedar Beach Road, Southold. Vote of Board: Ayes: All - This resolution. was declared duly adopted. JOHN H. GEIDEMAN FOR ARNOLD BLAIR - APPROVAL Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED to APPROVE the .application of J. H. Geideman on behalf of Arnold Blair to construct a 10' x 30' float in Cutchogue Harbor. Vote of Board: Ayes: All - This resolution was; declared duly adopted. J.M.O. CONSULTING ON BEHALF OF WILLARD S. MAHOOD - TABLED Moved by Trustee Bednoski seconded by Trustee Smith it was RESOLVED to TABLE the application of J.M.O. Consulting on behalf of Willard S. Mahood pending an inspection by Mr. Larry Penny for a determination on flood plain and Trustee jurisdiction. Vote of Board: Ayes: All - This resolution was declared duly adopted. The Trustees proceeded with agenda item IV. ASSESSMENTS AS FOLLOWS: Board of Trustees February 24, 1988 - Page 7 VI. ASSESSMENTS: 1. PECONIC ASSOCIATES FOR JOSEPH F. CITARDI - TABLED Moved by Trustee Bednoski seconded by Trustee Krupski it was RESOLVED to TABLE the application of Peconic Associates on behalf of Joseph F. Citardi for a wetland permit. The applicant is to contact the Board of Appeals for lot coverage. 1. Vote of Board: Ayes: All - This resolution was declared duly adopted. It is noted for the record that the Trustees felt that the lot was very heavily covered as far as building expansion. The frontbank, that is very well stabilized,is not to be disturbed. John Holzapfel, C.A.C. Chairman felt that the cesspools should be relocated out of the 75' wetland jurisdiction.. 2. FRANCIS WEISENT ASSESSMENT - TABLED Moved by Trustee Krupski seconded by Trustee Smith it was RESOLVED that the Town Trustees TABLE the application of Francis Weisent until the Zoning Board and Building Dept. concerns are met.as it seems that there are more of those concerns rather than "wetland" concerns whereas the structure is not on wetlands. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. It is noted for the record that the Chairman of the C.A.C. , John Holzapfel suggested that the run-off from the driveway be diverted away from the creek. 3. MIRIAM AND ROBERT KLOTZ - NEGATIVE ASSESSMENT - APPLICATION NO. 605 Moved by Trustee Bredemeyer seconded by Trustee Krupski the following non- significant assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: February 24, 1988 APPLICATION NO. : 605 NAME: MIRIAM AND ROBERT KLOTZ This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION:, UNLISTED DESCRIPTION OF ACTION: To construct stairs down the bluff to the Sound Beach. Board of Trustees February 24, 1988 - Page 8. . LOCATION: 100.0-030-2-55;. 2010 The Strand, East.Marion, New York REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 3. Vote of Board: Ayes: All - This resolution was declared'duly adopted. 4. LATHAM SAND AND GRAVEL, INC. FOR ROBERT HULSMAN - NEGATIVE ASSESSMENT - APPLICATION NO. 606 Moved by Trustee Bednoski seconded by Trustee Krupski the following non- significant assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: -February 24, 1988 APPLICATION NO. : 606 NAME: LATHAM SAND AND GRAVEL, INC. FOR ROBERT HULSMAN This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Revieew and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct 135 ft. of timber bulkhead and to backfill from an upland source. Board of Trustees February 24, 1988 - Page 9. LOCATION: 1000-026-2-24 - Willow Terrace Subdivision Map No. 5407, Orient, New York. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 4. Vote of Board: Ayes: All - This resolution was declared duly adopted. 5. EN-CONSULTANTS, INC,. ON BEHALF OF LAWRENCE HUKE - NEGATIVE ASSESSMENT APPLICATION NO. 607 Moved by Trustee Krupski seconded by Trustee Bednoski the following non- significant determination was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: February 24, 1988 APPLICATION NO. : 607 NAME: EN-CONSULTANTS, INC. ON BEHALF OF LAWRENCE HUKE This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter' 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. - Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct a timber dock consisting of a 4' x 60' fixed elevated (4' above grade of marsh) walk; 4' x 16' hinged ramp; (2) 6' x 16' Board of Trustees February 24, 1988 - Page 10. floats secured by (3) 8" pilings. (there is to be only one 22' float) LOCATION: 1000-114-01-02 - Corner of Silkworth Road & Westphalia Ave. , Mattituck, New York. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 5. Vote of Board: Ayes: All - this resolution was declared duly adopted. 6. WILLIAM D. MOORE, ESQ. ON BEHALF OF ERNEST & JUNE PAPPAS - APPL. NO. 608 Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED that the Southold Town Trustees Deny the request made by William D. Moore, Attorney on behalf of Ernest & June Pappas for a Waiver of the Wetland Ordinance to construct an accessory structure on property located at 75 Cedar Point Drive East, Southold, as the property is not bulkheaded. Vote of Board: Ayes: All - This resolution was declared duly adopted. Moved by Trustee .Smith seconded by Trustee Krupski the following non- significant determination was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: February 24, 1988 APPLICATION NO. :608 NAME: WILLIAM D. MOORE, ESQ. ON BEHALF OF ERNEST & JUNE PAPPAS- This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality REview and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Board of Trustees February 24, 1988 - Page 11, TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: To construct an accessory structure on the property. LOCATION: 1000-090-03-08; 75 Cedar Point Drive East, Southold, New York. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. 6. Vote of Board: Ayes: All - This resolution was declared duly adopted. President Bredemeyer called for a recess of the regular meeting in order to hold the following Public Hearings on the applications for Wetland Permits. It is noted for the record that all transcripts of the hearings have been prepared verbatim under separate cover and filed simultaneously with the Town Clerk's Office with these minutes for reference. (7:39 p.m. ) 7:40 p.m.- In the matter of the application of J.M.O. Consulting for Dr. Veljko Krstulovic. 7:40 p.m.' - In the matter of the application of Edward & Regina Nordstrom. 7:41 p.m.- In the matter of the application of En-Consultants, Inc. on behalf of Dr. :David M. Winkler. 7:44 p.m.- In the matter of the application of J.M.O. Consulting . for Marjorie Todd. 7:45 p.m.- In the matter of the application of J.M.O. Consulting on behalf of Russell E. Planitzer. The President called a five minute recess. The regular meeting resumed at 7:55 p.m. APPROVALS: J.M.O. CONSULTING FOR DR. VELJKO KRSTULOVIC - APPROVAL Moved by Trustee Krupski seconded by Trustee Bednoski WHEREAS, J.M.O. Consulting on behalf. of Dr. Veljko J. Krstulovic applied to .the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Beard of Trustees February 24, 1988 - Page 12. Southold, application dated October 15, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and it is noted for the record they recommended approval, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 24, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that J.M.O. CONSULTING ON BEHALF OF DR. VELJKO J. KRSTULOVIC BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct in kind and in place 174' of timber bulkhead and returns and to backfill with approximately 70 cu. yds. of clean sand to be trucked in from an upland site. Property is located on South Drive, Mattituck. This permit will expire on February 24, 1990 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit, by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. EDWARD AND: REGINA NORDSTROM - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, Edward and Regina Nordstrom applied to the Southold Town Trustees for a perridt under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 24, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 24, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and Board of Trustees February 24, 1988 - Page 13. WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Edward & Regina Nordstrom BE AND HEREBY ARE GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a 3' x 49' catwalk, 3' x 16' ramp and a 6' x 18' float with 12 pilings. Property is located on Wood Lane, Peconic. This permit will expire on February 24, 1990 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. EN-CONSULTANTS, INC. ON BEHALF OF DR. DAVID M. WINKLER - APPROVAL Moved by Trustee Smith seconded by Trustee Krupski WHEREAS, En-Consultants, Inc. on behalf of Dr.David M. Winkler applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated Novemberl8, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 24, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of Dr. David M. Winkler BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Board of Trustees February 24, 1988 - Page 14. Construct a one-family house, bluestone driveway, and -sanitary system on property located on Beebe Drive, Cutchogue, a 50 ft. natural buffer zone is to be adhered :toy.. This permit will expire on February 24, 1990 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. J.M.O. CONSULTING ON BEHALF OF MARJORIE TODD - APPROVAL Moved by Trustee Krupski seconded by Trustee Bednoski WHEREAS, J.M.O. Consulting on behalf of Marjorie Todd applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 1, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and it'is. noted for the record they recommended approval, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 24, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that J.M.O. Consulting on behalf of Marjorie Todd BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: As Amended: To construct approximately 63' of timber bulkhead, 6' seaward of the existing concrete wall and landward of the existing stone wall located at approximately the mhw line. Property is located on Bayview Drive, East Marion. This permit will expire on February 24, 1990 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shallname the Town as a name insured. Please take further notice that this declaration should not be considered a Board of Trustees February 24, 1988 -- Page 15. determination made for any other department or agency which may also have an application pending for the same or similar project. Vote of Board: Ayes: All - This resolution was declared duly adopted. J.M.O. CONSULTING ON BEHALF OF RUSSELL E. PLANITZER The public hearing in this matter was opened and recessed no action was.taken on this application. President Bredemeyer advised that there are no Waivers or Moorings for this month. IX. AMENDMENTS TO PERMITS: 1. CAROL SAFIR - EXTENSION APPROVAL Moved by Trustee Krupski seconded by Trustee Bredemeyer it was RESOLVED to Approve the request made by Carol Safir for an extension on Permit no. 395 for a period of one year. Said permit will expire on February 26, 1989. 1. Vote of Board: Ayes: All - This resolution was declared duly adopted. ----_ 2. J.M.O. CONSULTING ON BEHALF OF JOSEPH HENDERSON Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was RESOLVED to TABLE the request made by J.M.O. Consulting on behalf of Joseph Henderson for an extension on permit no. 562 for the installation of two mooring pilings. The Trustees will request :that -the Harbor• Mastor, on Fishers Island inspect the property prior to the Board acting on the request. 2. Vote of Board: Ayes: All - This resolution was declared duly adopted. 3-A. JOSEPH ZEVITS - AMENDMENT Moved by Trustee Smith seconded- by Trustee Bredemeyer it was RESOLVED to Approve the request to amend the application no. 610 for the relocation of a proposed catwalk and float and to construct a single ,family residence on property located on lot 131, Little Peconic Bay Lane, Southold. 3. Vote of Board: Ayes: All - This resolution was declared duly adopted. 3B. JOSPEH ZEVITS - LEAD Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Joseph Zevits for a Wetland Permit on certain property located on lot 131, Little Peconic Bay Lane, Southold. 3B. Vote of Board: Ayes: All - This resolution was declared duly adopted. BotLrd of Trustees February 24,-_1988 - Page 16. 4. HENRY E. RAYNOR, JR. FOR ALFRED COOK - EXTENSION Moved by Trustee Smith seconded by Trustee Krupski it was RESOLVED to Approve the request made by Henry E. Raynor, .:Jr. on behalf of Alfred Cook for an extension on permit no 359 for a period of one year. Said permit will expire on January 29, 1989. 4. Vote :of Board,:. Ayes: All - This resolution was declared duly adopted.. 5. CHARLES GUHL TO RAYMOND ZAMBUTO - MOORING TRANSFER Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was RESOLVED to APPROVE the request made by Charles Guhl to transfer permit no. 1304, mooring no. 386 to Raymond Zambuto in Gull Pond, Greenport. 5. Vote of Board: Ayes: All - This resolution was declared duly adopted. 6. BACTERIOLOGICAL MONITORING Moved by Trustee Krupski seconded by Trustee Smith was was RESOLVED the Trustee President John M. Bredemeyer, III is to petition the Town Board for funding for equipment (incubator and additional Media) to allow the Trustees to monitor the creeks more thart the County or D..'E.C. will provide for pursuant to`the proposal of Trustee Bredemeyer to do Bacteriological `Monitoring at no charge provided equipment is provided. 6. Vote of Board: Ayes: All - This resolution was declared duly adopted. PROPOSAL: Bacteriological Monitoring Guarantee to perform coliform- or similar screening for at least one major project ie- Skunk Lane Bio-filter) and one minor project ( ie- Boat ramp /marina/ point source) with technical report for major project(s) and data reports for minor project(s) thru 1989 with a guaranteed 500 data points provided: samples are delivered to my designated location (home/office) .with prior notice and approval and that all necessary materials are purchased for my ownership, exclusive use and control. Should any situat- ion arise whereby the above can not be performed all materials will be returned to the Trustees office. The intent is to provide specific ongoing Bacteriological infomation on our estuarine surface water quality, it may affect shellfishing and requests for pollution abatements. This may be seperate from or part of any other funded or directed activity of the State, County or Town but will be under the exclusive direction of the Board of Trustees or their designated representative. No work will proceed if a biohazard is found to exist until it is abated. A ,Board of Trustees February 24, 1988 - Page 17. COST. The following prices for the startup.are based on the 1988 Fisher Scientific Cata- log, but may be lower if the contract purchase is undel the State/County contract is arranged: This expenditure will enable use if the media gifted to the Town at the near cost of private labortory sampling. 1 Standard Labortory incubator with 3 shelves $ 11100 1 Longwave ultra violet light (for "MUG" florescence) 100 500+ Disposable Sterile Pipettes 200 6 Test tube racks for incubator 100 1 Pipette holder and rack 50) 2 Pipette bulbs (osha required) 25 Sterile water, disposal bags, innocuating loop bacteriological standards, etc. 125_ TOTAL NOT TO EXCEED $ 1,100. For 500 Samples: Media 100 colilert $ 000.00 + Media 400 other mpn/mugs 800.00 + Other disposibles 500 tests 500.00 + Fixed costs incubator 1,200.00 + - $ 2,500.00 + Cost per sample $ 5.00- BOAT RAMP IMPROVEMENTS Moved by Trustee Bednoski seconded by Trustee Smith it was RESOLVED that the Town Trustees authorize the replacement of four (4) Town Boat Ramps,and associated !drainage. Said work to be accomplished by the Department of Public Works as follows: 1. Founders Landing 2. New Suffolk 3. End of Pine Neck Road and 4. Hallocks Bay. Vote of Board: Ayes: All - This resolution was declared duly adopted. C.E.A.'s for Corey, Richmond. and Arshamomaque Pond the Trustees will hold until next month for designation to review the maps further .at the March 17th work session. INSPECTIONS: ANGLE SHORES: Main Bayview Road, Southold. The Trustees made an on-site .` . inspection on. February 17, 1988 wherein they agreed in principal to the N.Y.S.D.E.C. Tidal Wetland Line for the project. The Trustees forwarded additional comments and recommendations to the applicant;'in regard to the project. :e Board of Trustees February 24, 1988 - Page 18. Trustee Bednoski reported that there were some "junk" cars down by Mill Creek which he referred to'..the Bay Constable. He requested that the Bay Constable look into the matter and report back to the Board. - Jonathan D. Stern`,. Main Road, Orient - The Trustees inspected the site on February 17, 1988 and determined that a permit would be required for work to be done on the site. Philip J. Cardinale, Main Road, Mattituck - The Trustees inspected the sit on February 17, 1988 and determined that a wetland permit will be� required as proposed. Richard Cantwell, Main Road, Orient - The Trustees have advised the Bay Constable of mowing on the property and forwarded. a letter of same to Mr. Cantwell. Frank Murphy, Grand Ave. , Mattituck - The Trustees visited the site for a determination of jurisdiction for a proposed. -House on the site. ' The Trustees made a tentative determination of no jurisdiction as long as the house is kept 85' from mhw, preferably 90', with a 50' undisturbed buffer zone. Southold Park District - Mr. Wittmer from the Park District appeared before the Board regarding an application for the Park District. The Trustees recommended that stairs or a catwalk be erected on the site. Trustee Bredemeyer advised that there was a violation across the way from the Angle Shores site on Main Bayview Road, Southold. Bay Constable Dzenkowski advised that he or Kent McCarthy would look into the matter further and advise the Board of their action.taken. Trustee Bednoski spoke about.Ahe Shellfish Bags which was originally- in,tro.duood a few years ago by Trustee Bredemeyer. Trustee Bednoski thought that it should be brought up again. There was a Baymen at the meeting (Steve Latson) and Trustee Bednoski asked him for his opinion of these bags. Trustee Bredemeyer advised that the Trustees wanted to discuss this matter and possibly to forward recommendations to the Town Code Committee,for changes to the code. Mr. Latson advised that as far as the Baymen go, he thought that they would 'like to see them go back to. State Limits and the use of the Shellfish Bags universally. Trustee Bredemeyer asked that this matter be brought up before the Baymen at a meeting so that the Trustees can be advised of their feelings in regard to this matter. The Cove Condo Project: Trustee Bredemeyer advised the the Trustees had the opportunity to have an informal work session with the Chairman of the Zoning Board of Appeals, Mr.- ,Gerard Goehringer. In.the General Discussion largely, on what happens when you have one jurisdiction comes:up with one wetland line and the other comes up with another wetland line, essentially they believe that they are not, obliged to take any one given wetland line. Their decided preference in all cases would be to take the Trustees line. In other words they are not forced to, because there :is no legal body to say that you have to go with the Trustee line. Trustee Bredemeyer advised that there :will probably not_be..a 'large- problem with these lines, most projects where a line will be critical, will be a Type 1 Action and will be flagged by the Trustees themselves as part of a pre.-application conference. . There may have been a few applications in the recent ,.past that, for one reason or on other, been segmented when we took on the 75' jurisdiction. Now, we have a few out there -.with different lines. What the Trustees have :formally discussed out there, and what we will formalize now, hopefully, will be the concept that these few.that have been-through the permit process Board of Trustees February 24, 1988 - Page 19. if we have given due consideration of all of the factors and have issued a permit based on the maximum degree of mitigation we can possible, the discrepancies between the D.E.C. line and the Trustee line or the- Planner's line or Consultant's line are relatively immaterial or moot. It is not a major concern when viewed against the Board having, made a recent determination and having gotten the mitigation we want incorporating the comments from the Conservation Advisory Council. That is pretty much what we were looking at with the Cove Condo Project. There have been various Trustee inspections, and several Trustee lines. One D.E.C. line, which I think no one agreed with and several private consultants that went down on the site on behalf of the applicant. They came up with a different line. I think that if-all lines were set to paper there would have ;been five different wetland lines for this project. Most everyone agreeing that we came up with a fantastic mitigation program on this project under the circumstances and the project straddling the ordinance..and the sequence of events. So, that's where we stand. I would say that the Board could consider a resolution in principle to cover the few cases that may be out there? We could talk this over with the Code Committee? We would have no objection in principle to the Z.B.A. , Planning Board or any other Town Agency incorporating or using' a Wetland Line of their own choice in their own project reviews where the Trustees have gone through a permit process and applied maximum mitigation on a. permit. So we don't bind them to make them feel that they are obliged to take our recommendation at this time, and then we can leave it open. There may be cases where the Trustees would specifically single other Boards or Agencies where the line may be so deficient. or in error that we would want them to coordinate with the Trustees so that our line is used. The majority of these cases we have seen, there is not a problem. A letter will be forwarded to the Z.B.A. with copy to the Planning Board, Bldg. Dept. and- Town 3oarzl.- arid- Mr. Fischetti regarding same. On the Strand" in East Marion, Trustee Krupski reported a pipe coming out from uder the deck, three houses from the Golf Course, and asked the Bay Constable to look into the matter? Trustee Smith advised there is .a boat that is sunken in Mattituck Creek. The Clerk advised that this matter has been referred to.the Bay Constable. Trustee Bredemeyer thanked the Trustees for the position they took before the Town Board regarding the Orient landowners. Moved by Trustee Bednoski seconded by Trustee Smith it was RES'OIVED td_� ADJOURN this meeting there being no further business to come properly before the Board. Meeting adjourned at 9:00 p.m. Ilene Ffifferlindl ge#k Board of Town rustees PUBLIC HEARING . IN THE MATTER OF J.M.O. CONSULTING .FOR `.DR. VELJKO KRSTULOVIC FEBRUARY 24, 1988 - 7:40 P.M. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON WEDNESDAY, FEBRUARY 24, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN: In the matter of the application of J M.O. Consulting on behalf of Dr. Veljko Krstulovic as amended to construct in kind and in place 174' of timber bulkhead and return and to backfill with approximately 70 cu. yds. of clean sand to be trucked in from an upland site.. :Property is located on South Drive, Mattituck. Present were: Trustee Bredemeyer, Smith, Krupski, Bednoski, Clerk Ilene Pfifferling Trustee Bredemeyer: Is there anyone-here wishing to speak against this application? No comments. Is there anyone wishing to speak for this application? No comments? Are there any of the Trustees wishing to speak on this application? No comments? What about the C.A.C.? John Holzapfel, C.A.C. Chairman: There is no problem with this application. Trustee Bredemeyer: Then I will close this Public Hearing in the matter of Dr. Veljko Krstulovic. Ilene Pfifferling, Clerk 7:40 p.m. `t PUBLIC HEARING IN THE MATTER OF EDWARD & REGINA NORDSTROM FEBRUARY 24, 1988 7:40 p.m. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, -SOUTHOLD, NEW YORK, ON WEDNESDAY, FEBRUARY 24, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN: In the matter of the application of Edward and Regina Nordstrom to construct a 3' x 49' catwalk, 3' x 16' ramp and a 6' x18' float with 12 pilings. Property is located on Wood Lane, Peconic. Present were: Trustee Bredemeyer, Trustee Smith, Trustee Bednoski, Trustee Krupski, Clerk Ilene Pfifferling. Trustee Bredemeyer: Is there anyone here to speak for this application? No comment. Is there anyone here to speak against this application? No.-comment. Trustees? C.A.C.? Trustee Smith: No problem. Trustee Krupski: Did we decide to shorten the length on that? Or is the length satisfactory. Trustee Bredemeyer: We will have to refer to our field notes. Trustee Krupski: There is a lot of water there. It is sort of in the corner. The channel flows through, I don't think that it will be a problem. Trustee Bredemeyer: I don't remember? We- can review it further prior to the vote on it. Trustee Krupski: I don't see a problem with the location. They have a little deck out there and they are getting it off of the marsh. Trustee Smith: I don't see any problem with that. Trustee Bredemeyer: We will review it prior to the vote.• Is there anyone here to speak further. Mrs. Nordstrom: Is there a problem with this? Trustee Bredemeyer: No, I'm surprised that you didn't speak up on your application? We have to review•our field notes prior to the vote.• Are there any other comments? No- comments. Then I will close this public hearing. 7:41 p.m. PUBLIC HEARING IN THE MATTER OF En-Consultants, Inc.- for David M. Winkler FEBRUARY 24, 1988 7:41 p.m. NOTICE IS HEREBY GIVEN- THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON .WEDNESDAY, FEBRUARY 24, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN: In, the matter of the application of En-Consultants, Inc. on behalf of Dr. David M. Winkler to construct a one family house, bluestone driveway, sanitary system as shown on the site plan. No fill other than that from excavation for foundation will be needed. Property is located on Beebe Drive, Cutchogue.. Present: Trustee Bredemeyer, Smith, Bednoski, Krupski, Clerk Ilene Pfifferling. Trustee Bredemeyer: Is there any here wishing to speak on behalf of this application? No,comment. Is there anyone wishing to speak against this application? Trustee Bredemeyer: Yes, please. Maryann Ferrari, 2135 Beebe Drive, Cutchogue. On behalf of the applicant I:would like to say that I think that they have researched that lot inside out and upside down. I live directly -across the street and I would say give it a go, I have seen the plan and it can only enhance the area. Trustee Bredemeyer: Thank you. Is there anyone else who wishes to speak? John Holzapfel, C.A.C. : We saw it today, and I know you haven't seen our report. We had our 'meeting ,this afternoon. We said we would like to see the 50' buffer zone. We do not want to see lawns down to the creek or bays. Trustee Bredemeyer: Are there any other comments? No response. Then I will close this public hearing. Ilene Pfifferling, Clerk PUBLIC HEARING IN THE MATTER OF J.M.O. CONSULTING FOR MARJORIE TODD FEBRUARY 24, 1988 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON WEDNESDAY, FEBRUARY 24, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF .THE TOWN: 7:44 p.m. In the matter of the application of J.M.O. Consulting on behalf of Marjorie Todd as amended to construct 63' of timber bulkhead, 6' seaward of the existing concrete wall and landward of the existing stone wall located at approximately the mhw line. Property is located on Bayview Drive, East Marion. Trustee Bredemeyer: Are there any comments on behalf iof this application? No comments. Is there anyone wishing to speak against this application? No comments. Does the C:A.C. have any comments? No comment. Then I will close this public hearing in the matter of Marjorie Todd. 7:45 p.m. Ilene Pfifferling, Clerk PUBLIC HEARING IN THE MATTER OF J.M.O. CONSULTING ON BEHALF OF, RUSSELL..E. PLANITZER . FEBRUARY Z4, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE .TOWN' OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, ON WEDNESDAY, FEBRUARY 24, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN: 7:45 P.M. In; the matter of the application of J.M.O. Consulting on behalf of Russell E.' Planitzer to construct a .16 acre pond with associated wetland and erect an, osprey platform, construct a 10' x 10' gazebo, earthen walking path and three benches. Property is located on Wilderness Point, Fishers Island. Present: Trustee Bredemeyer, Smith, Bednoski, Krupski, Clerk Ilene Pfifferling Trustee Bredemeyer: I believe we will open the hearing but we may have to recess Ahe hearing for: continuance, .because we have not received the requisite plane materials to make a decision. Trustee Krupski: Then why even open-' the hearing?': Trustee Bredemeyer: We have to open the hearing, take comment, then provide for continued comments since we advertised for .it. Glenn Just: As you know, I'm Glenn Just the Consultant on this project. I just had the test borings done yesterday. I have to apologize-it so long to ,have it done. I have the plans and the results of the test here. We have about 11 ft. of muck. Trustee Bredemeyer: I believe that the Trustees will have `the Clerk make copies to be distributed. We will probably take the opportunity of having the consultant for the area review this matter as requested. Late last night I got in from the Town Board meeting about 11 o'clock and I had a call from some concerned people on the island that would just like to know that there is a review being made of the project . I explained that the Trustees had worked at length with you at the last 'meeting to properly site test holes and apparently there are some concerns in the community and I think that their minds should be put to rest. Glenn Just: The only concern the--Plariitzer's have-.°is that time frame as far, as, ..if.-you--grant the permit, as you know these plants would have. to 'go in right away, planting season will be upon us. Trustee Bredemeyer: How do you stand with the D.E.C. permit? Is this a mapped or tentative freshwater wetland? Planitzer Public Hearing 4- '�'FFage 2. Glenn Just: Marty Shea from the D.E.C. , Freshwater Wetland Inspector was on the island I believe. three and a half weeks ago and I spoke to Joe Hall the person who is handling the matter late this afternoon and they have not made a determination on it yet. Trustee Bredemeyer: If' we have an opportunity to review and enact one way or another the time frame will probably close to the D.E.C. so if we have an opportunity to discuss it, if we have a special meeting and we advertise we will move it as expeditiously as possible. Are there any other comments? No comments. If not, I move that we recess this hearing until next month and' schedule a continuance at that time. Trustee Krupski: I'll second that. Vote of Board: Ayes: All - This resolution was declared duly adopted. 7:5 5 P.M. RECEIVED MAY 111988 Ilene Pfifferling, Clerk Town Clerk SouftW