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HomeMy WebLinkAboutTR-10/25/1984 11. Y TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 25, 1984 REGULAR MEETING A Regular Meeting of the Board of Town Trustees was held on Thursday, October 25, 1984 at the Town Hall, Main Road, Southold, New York. The meeting was opened with President Smith presiding at 7: 30 P.M. Present were: President Henry P. Smith Vice-President John Bredemeyer Trustee John Bednoski Trustee Frank Kujawski Secretary, Ilene Pfifferling President Smith: I 'd like to ask for a resolution to approve the minutes of the Regular Meeting of September 27, 1984. Moved by Trustee Bednoski seconded by Trustee Bredemeyer, it was RESOLVED that the minutes of the Regular Meeting of the Board of Town Trustees, held- on September 27; 1984, be and .hereby are APPROVED. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. President Smith: I 'd like a resolution.- to approve the mooring renewals for the month of December 1984. Moved by Trustee Bredemeyer seconded by Trustee Smith, it was RESOLVED that the December Mooring Renewals be and hereby are APPROVED. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: I 'd like to give an account of the Trustees receipts for the month of September 1984. Application fees $45. 00, Grandfather Applications $15. 00, Mooring Renewals $130. 00, Dock, Bulkhead $472 . 00, Wetland Applications $200. 00 for a total of $862. 00 . Trustee Smith: Let' s set the date for the next regular Trustee Meeting. The next meeting will be on November 26 , 1984 at 7 : 30 P.M. Surveys will be made on Friday, November 23 , 1984 at 2 : 00 P.M. Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was RESOLVED that the next regular meeting of the Board will be held on �SZ Board of Town Trustees Page 2. October 25, 1984 November 26, 1984 at 7: 30 P.M. , at the Town Hall, Main Road, Southold, New York, inspections will be made on November 23, 1984. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: Let' s move on to the Public Notices. Jay will you take number one? Trustee. Bredemeyer: Notice number 1 from the U.S. Army Corps of Engineers Public Notice on the application of Charles J. Galligan to install a pier assembly consisting of a 60 ft. by 4 ft. fixed open pile supported walkway, a hinged walkramp and a 20 ft. by 6 ft. float secured by two 8" piles. The structure would . extend .approximately 75 ft. offshore of the OMHW' .and would be elevated 3i ft. above the marsh. Comments by October 16, 1984. Trustee Smith: John take number 2. Trustee Bednoski: Notice number 2 from the U. S. Army Corps of Engineers Public Notice on the application of Stanley Chase to construct three similar T-Shaped pier assemblies on three separate lots. Lot A, a 130 ft. by. 4 ft. fixed pile-supported pier, a hinged walkramp and a 20 ft. by 6 ft. float. would be constructed extending approximately. 110 ft. offshore of the line of MHW. The piers on Lots B. .and C. would differ in the length of the fixed piers , being 140 ft. and 45 ft. long and extending approximately 110 ft. and 50 ft. off- shore of MHW, respectively. Each pier would be elevated 312- ft. over the grade of the marsh, Mattituck. Comments by: October 22, 1984 Trustee Smith: Notice number 3 . from the New York State Department of Environmental Conservation notice of Complete application for Tosca Holding Company, Anthony J. Scarmata, President to construct a new 100 ft. timber jetty, Orient. Comments by: October 26, 1984. Trustee Smith: Frank will you take number 4? Trustee Kujawski: Notice from the Suffolk County Council on Environmental Quality a determination of non-significance on the project to maintenance dredge and place spoils to the south of Mill Creek. Trustee Smith: Jay take number 5? Trustee Bredemeyer: From the New York State Department of Environmental Conservation Notice of extension on comment period on the Preliminary Coastal Erosion Hazard Area Maps. Time extended to December 31 , 1984. Trustee Smith: John do number six. Trustee Bednoski: From the U.S. Army Corps of Engineers Notice of Application by Peter T. Neyland to maintenance dredge in Spring Pond, East Marion. Comments by: October 28, 1984. Trustee Smith: All these public notices are posted on the bulletin board for your information. The next item is our communications. Board of Town Trustees Page 3. October 25, 1984 III. COMMUNICATIONS Trustee Smith: Number leis from the Department of Environmental Conservation regarding information on Marine Resource Management Needs. Is there any comment on this one? Trustee Bredemeyer: It was 'very interesting. Seems that we should hopefully get some help. in this area of shellfish sanitation when we have problems in the creeks, in that the DEC will put some emphasis on that and set some priorities. I know some people have .been questioning them on it hopefully to get some help in that area. Trustee Smith: Number 2 is from James H. Rambo, Inc. regarding application by En-Consultants, Inc. for Hegan Bayles. Does any one have any comment? Trustee Kujawski: I think this is exactally what we were talking about the problem with the ordinance that I hope we get straightened out tonight. Rewrite it. I think he is 100% right. Trustee Bredemeyer: Thats true. I agree. Trustee Smith In the future we hope to get this resolved with the changing of the Wetland Ordinance. Trustee Smith: Number 3 is from Cedar Beach Park Association, Inc. regarding road run off at` Cedar Beach. ' `This is a road run off problem from private land over a private road into a private dredged canal which in turn ran into Cedar Beach Creek. We all went down and looked at it. - Are there'i)any other comments on this one? (No response. ) Trustee. Smith: Number 4 is from the Fleets Neck Property Owners Association, Inc. regarding information from Mr. William Nicol relative to -the Wade matter. Are there any comments on this one? Trustee Kujawski: Did we ever find out if Mr. Hindermann went down to see if there was a violation to the wetlands? Trustee Smith: I never. ... Secretary: . I sent a memorandum to the Building Department asking them to make a determination. We have had no response yet. 'The DEC pulled their permit and the Building Department revoked the building permit also.. Trustee Smith: That following Monday we requested the Building. Dept. to go down there. We were down there on a- Saturday and Frank and I spent most of Saturday afternoon passing one another. Number 5, New York -State Department of Environmental Conservation regarding results of water samples collected for Arshamomaque Pond. Jay do you want to take care of this, you collected water samples? .Trustee Bredemeyer: Yes. The Department of Environmental Conservation is continuing to monitor the water to try to determine what is going Board of Town Trustees Page 4. October 25, 1984 on there. I know the Health Department took samples as well, which will be added to the data, that was taken by the DEC. In conjunction with that, I have come up with some suggestions that might help out. I think they probably are low cost suggestions. As far as things that can be done fairly soon, and..-possibly with materials on hand and the Highway Department. Maybe .we can 'improve the chances of getting a meeting of the shellfish together and possibly try to work toward some of those, so in addition to the water testing, the creek may show an improvement and we may be able to get a conditional shellfish permit for this winter: Trustee Smith: Number 6 is information from Trustee Bredemeyer regarding Arshamomaque Pond, and John just reviewed that. We' ll move on to our resolutions. V. RESOLUTIONS Trustee Smith: Number one is an environmental assessment on the wetland application of Stanley Chase. Trustee Kujawski: I make a motion on a non-significant determination Trustee Bednoski: I ' ll second that motion. 1. Moved by Trustee Kujawski seconded by .Trustee Bednoski it was RESOLVED that pursuant to 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 Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION .OF ACTION: Application of Stanley Chase for a permit under the provisions of- the filet and Ordinance of the Town of Sou t old to install a fixed dock leading to a ramp and float secured by spi es, on property located at Home Pike Road, Mattituck, lot 11/12. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect on the environment are likely to occur should the project be implemented as planned. Because there. has been a response .:from the Southold Town Conservation Advisory Council indicating that this project would not have a significant- effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. 1. Vote of Board: Ayes: All This resolution was declared duly adopted. Board of Town Trustees Page 5. October 25, 1984 Trustee Smith: Next is another environmental assessment. Trustee Bednoski: I move to make a non-significant determination on the application for Stanley Chase for lot 13/14, on Home Pike Road, Mattituck. Trustee Smith: I ' ll second that motion. 2. Moved by Trustee Bednoski seconded by Trustee Smith it was RESOLVED that pursuant to 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, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application of Stanley Chase for a permit under the provisions of the Wetland Ordinance of the Town of Southold to install a fixed dock leading to a ramp and float secured by spiles on property located at Home Pike Road, Mattituck, Lot 13/14. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town .Building Department, it is assumed that there are no objections nor comments from those agencies. 2. Vote of .Board: Ayes : All This resolution was declared duly ADOPTED. Trustee Smith: I move to make a non-significant determination on the application of Stanley Chase, South Drive, Mattituck. Trustee Bredemeyer: I ' ll second it. 3. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that pursuant to 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 Board of Town Trustees Page 6. October 25, 1984 the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application of Stanley Chase for a permit under the provisions of the Wetland Ordinance of the Town of Southold to install a fixed dock leading to a ramp and float secured by spiles on property located on the e/s of South .Drive, Mattituck. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, 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. Trustee Smith: Number 4, the Environmental Assessment for Strongs Marina we are going to hold. Trustee Kujawski: ]lave., (Mr_: . David Strong) got a second to meet with Roy? (they came forward) I called Chuck Hamilton today. I mentioned to him what our philosophy was. about marinas and what the master plan has indicated. He mentioned that Mr. Thurber who has charge of this project, has concerns. I said, well nothings; has been worked out. So I would like to arrange a meeting to be held on the 14th. of November at your place with Roy, the DEC the Trustees and you. We can work out the entire plan, long range and the whole thing. Make all the compromises that need to be made or what ever needs to be done. Mr. Strong: Thats fine. The only thing that I am concerned about is, I 'm not against giving what my long range plans are, but the way the things in the Town of Southold are changing in five years from now? Is this something I am held to for the rest of my life? Trustee Kujawski: I don't know. Mr. Strong: As I explained to you, the boats are getting wider and wider, now if I say I 'm going to make a 12ft. wide slip, five years from now the boats are 15ft. wide. You must know how I feel. Trustee Kujawski: What we are talking about is adding on additional linear space, in other words completing the rectangle, the retaining: wall tying it into Krehs. As far as adjustment of slips are concernea-, that is not a problem. On motion made by Trustee Kujawski, seconded by Trustee Bednoski 1 I 1 Board of Town Trustees Page 7. October 25, 1984 it was RESOLVED to table the Enivronmental Assessment, to be made, on the application for Strongs Marina in Mattituck. 4. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Bredemeyer: I move to make a non-significant determination on the application of Carlo DeGaudenzi, in Mattituck. (No. 5) Trustee Bednoski: I ' ll second it. 5. Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was RESOLVED that pursuant to 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, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application of Carlo DeGaudenzi for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a timber retaining wall, ramp and float dock and to maintenance dredge on property located at 3520 Ole Jule Lane, Mattituck. The project has been- determined not to .have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect .to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the . Southold Town Building Department, 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. Trustee Smith: I'd like a motion to recess our Regular Meeting to hold our public hearings. Trustee Bredemeyer: I make the motion to recess. Trustee Kujawski: I ' ll second that motion. Moved by Trustee Bredemeyer seconded by Trustee Kujawski it was V Board of Town Trustees Page 8. October 25, 1984 RESOLVED that the Town Trustee meeting be recessed at 8: 00 P.M. for the purpose of holding four Public Hearings: 8 : 00 P.M. - Application of Bernard O. Monson for a Wetland Permit. 8: 05 P.M. - Application of Willow Point Property Owners Association for a Wetland Permit. 8 : 10 P..M. - Application of Henry J. Tremblay for a Wetland Permit. 8: 15 P.M. - Application of Beixedon Estates Association for a Wetland Permit. Vote of Board: Ayes: All This Resolution was declared duly ADOPTED. Meeting reconvened at 8: 40 P.M. Trustee Smith: We will move back to our regular agenda. We are on number 6, environmental assessment on Bess Pulitzer. 6. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that pursuant to 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, .which i unlisted, will not have a significant effect. on the environment. DESCRIPTION OF ACTION: Application of Bess Pulitzer for a permit under the provisions of the Wetland Ordinance of the Town of Southold to repair and strengthen the existing wooden bulkhead: addition of new piling and tie rods and to backfill, on property located at Lighthouse Lane, Southold. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response form the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, 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. Trustee Smith: Another environmental assessment for Leonard Beckenstein, for lot. 8, Jacksons Landing, Mattituck. 7. Moved by Trustee -Bredemeyer seconded by Trustee Bednosky it was RESOLVED that pursuant to Article 8 of the Environmental. Conservation Board of Town Trustees Page 9. October 25, 1984 Law State Environmental Quality Review and 6NYCRR Part 617, Seciton 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 which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application of Leonard Beckenstein for a permit under the provisions ot the Wetland Ordinance of the Town of Southold to construct a timber dock, fixed elevated catwalk, ramp and two floats on property located on the s/s of Jackson' s Landing, Mattituck, Lot no. 8. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a. response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments form those agencies . 7. Vote of Board: Ayes : All This resolution was declared duly ADOPTED. 8. Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED that pursuant to 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 bleow, has determined that the project, which is unlisted, will not have a significant effect onthe environment. DESCRIPTION OF ACTION: Application of Leonard Beckenstein for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct a timber dock, consisting of a catwalk, ramp and two floats on property located on the s/s of Jackson' s Landing, Mattituck, lot no. 3. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and Southold Town Building Department, it is assumed that there are no objections nor comments form those agencies. Board of Town Trustees Page 10. October 25, 1984 8. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: Next is another Environmental Assessment for Stephen Shilowitz.' 9. Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED that pursuant to 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, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Application of Stephen Shilowitz for a permit under the provisions .of the Wetland Ordinance of the Town of Southold to construct a bulkhead within 18" of existing structure to dredge and to construct floating docks, on property located at Sixth Street, Greenport. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect .to the environment are likely to occur should the project be implemented as planned. Because there has been a response .from the Southold Town Conservation Advisory Council indicating that this .project would not have a significant effect on the environment. Because there has been no response in the alloted time from the New Yrok State Department -of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. 9. . Vote of Board: - Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: And another Environmental Assessment for Ludwig Becker. 10. Moved by Trustee Smith seconded by Trustee Kujawski, WHEREAS, En-Consultants, Inc. on behalf of Ludwig Becker, has heretofore applied to the Southold Town Trustees, pursuant to Chapter 44 of the Code of the Town of Southold, for permission to construct a retaining wall, returns, catwalk, ramp, floating dock and pilings and to dredge on property located off the north side of Pine Neck Road, Jockey Creek, Southold, New York, NOW THEREFORE, IT IS RESOLVED AS FOLLOWS : 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Trustees, as lead agency, does hereby . . ... mac, Board of Town Trustees Page 11. October 25, 1984 determine that the action proposed is a Type I action and is likely to have a significant effect on the environment. 2. That the Secretary to the Town . Trustees shall file and circulate such determination as required by. the aforementioned law, rules and code. 3,. That the S.ecretary to the Town Trustees immediately notify the applicant, En-Consultants, Inc. on behalf of Ludwig Becker of this determination', and further request said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. 10. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: . Nekt is -to declare lead agency on. the Wetland. Application for .Tosca Holding &. Realty Corp. Who would like to offer this motion? Trustee Kujawski: I ' ll move .to declare lead agency on this application. Trustee Bredemeyer: I ' ll second that. 11. Moved by Trustee Kujawski 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 Tosca .Holding & Realty Corp. for a Wetland . Permit on certain property located. at Huckleberry Hill, East Marion, New York. 11. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: Number 12. is another lead agency. declaration. Who would like to .move this one? Trustee Bredemeyer: I ' ll move to declare lead agency on the, wetland application for Charles H. Thomas. Trustee Bednoski: I ' ll second that motion. 12. Moved by Trustee Bredemeyer seconded by Trustee Bednoski 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 Charles H. Thomas for a Wetland Permit on certain property located on Trumans Path, East Marion, New York. . 12. Vote of Board: Ayes: All This resolution was declared duly ADOPTED,. Board of Town Trustees Page 12. October 25, 1984 Trustee Smith: Are you ready to vote on the wetland application for Bernard 0. Monson? Trustee Bednoski: I ' ll move to approve that application. Trustee Kujawski: I ' ll second that motion. 13. Moved by Trustee Bednoski seconded by Trustee Kujawski,. WHEREAS, Bernard 0 Monson applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 8, 1984, 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 the 25th day of. October, 1984 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Bernard 0. Monson be granted permission under the provisions of the Wetland Ordinance of the Town of Southold, to construct a bulkhead and docking assembly for erosion control and to provide mooring for private boat at 750 Budd' s Pond Road, Southold, the permit shall expire on October 25, 1985 if work has not commenced by said date; there shall be two inspections required; and the Trustees shall be notified when the project is completed. 13. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. 13B. Moved by: Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to APPROVE the application of Bernard 0. Monson for a Trustee Permit to construct a bulkhead and docking assembly for erosion control and to provide mooring for private boat at 750 Bull' s Pond Road, Southold. 13B. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. 14. Moved by Trustee Bredemeyer seconded by Trustee Bednoski WHEREAS, Willow Point Property Owners Association applied to the Southold Town Trustees for a permit .under the 2rovisions of the Wetland Ordinance of the .Town of Southold, application dated August 3, , 1984, 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 the 25th of October, 1984 at which time all ,. interested persons were given an opportunity to be, heard,. now, Board of Town Trustees Page 13. October 25, 1984 therefore, be it RESOLVED that the Willow Point Property Owners Association be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to maintenance dredge a 50 ' x 50 ' area of Budd' s Pond channel that has silted in from run-off, spoil to be deposited on Association Property, Bay Home Road, Southold. The permit shall expire on October 25, 1985 if work has not commenced by said date; there shall be two inspections required; and the Trustees shall. be notified when the project is complete. 14. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. 14B. Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was RESOLVED to APPROVE the application of the Willow Point Property Owners Association to dredge and deposit spoil on Association Property all in accordance with the application submitted. 14B. Vote of Board: Ayes: All This resolution was declared .duly ADOPTED. Trustee Smith: Another approval for a wetland permit. Who would like to make a motion on this application? Trustee Bednoski: I' ll move to approve this application for a wetland permit. Trustee Kujawski: I ' ll second that motion. 15. Moved by .Trustee Bednoski seconded by Trustee Kujawski WHEREAS, Henry J. Tremblay applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 6, 1984, 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 the 25th of October, 1984 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Henry J. Tremblay be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct two floating docks in Corey Creek, Southold. The permit shall expire on Octover 25, 1985 if'work has not commenced by said date; there shall be two inspections required; and the Trustees shall be notified when the project is complete. 15. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Board of Town Trustees Page 14. October 25, 1984 15B. Moved by Trustee Bednoski seconded by Trustee Kujawski it was RESOLVED to APPROVE the application of Henry J. Tremblay to place two floating docks in Corey Creek, Southold, as per application submitted. 15B. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: Number 16 we are holding. Any questions? (no response. ) Then we will set the public hearings on our wetland applications. 17. Moved by Trustee Smith seconded by Trustee Bednoski it was RESOLVED that notice is hereby given that public hearings will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Southold, New York, on Monday, November 26, 1984 on the following applications for permits under the provisions of the Wetland Ordinance of the Town of Southold: 8: 00 P.M. . - In the matter of the application of Stanley Chase submitted by. the Land .Use Company to install a fixed dock leading to a ramp and float secured by spiles on property located at Home Pike Road, Mattituck, lot 11/12. 8: 02 P.M. - In the matter of the application of Stanley Chase submitted by Land Use Company to install a fixed dock leading to a ramp and float secured by spiles on property located at Home Pike Road, Mattituck, Lot no 13/14. 8: 04 P.M. - In the matter of the application of Stanley Chase submitted by the Land Use Company to install a fixed dock leading to a ramp and float secured by spiles on property located on e/s of South Drive, Mattituck. 8: 06 P.M. - In the matter of the application of Carlo DeGaudenzi to construct a timber retaining wall, ramp and float dock and to maintenance dredge. on property located at 3520 Ole Jule Lane, Mattituck. 8: 10 P.M.- In the matter of the application of Bess Pulitzer to repair and strengthen existing wooden bulkhead: addition of new piling and tie rods, and to backfill on property located at Lighthouse Lane, Southold. 8: 12 P.M. - In the matter of the application of Leonard Beckenstein to construct a timber dock, fixed elevated catwalk, ramp and two floats on property located ' on the s/s of Jackson' s Landing, Mattituck. 8: 14 P.M. - In the matter of the application of Leonard Beckenstein to construct a timber dock consisting of a catwalk, ramp and two floats on property located on the s/s of Jackson' s Landing, Mattituck. 8: 16 P.M. - In the matter of the application of. Stephen Shilowitz to construct a bulkehad within 18" of existing structure to dredge and to construct floating docks, on property located at Sixth Street, Greenport. 8: 18 P.M. - In the matter of the application of June Hussey to replace 100 ft. of existing bulkhead and to recover sand lost into the creek on property located at 1065 Fleetwood Road, Cutchogue. All persons interested in said matters should appear at the time and place above specified and will be given an opportunity to be heard. Board of Trustees Page 15. October 25, 1984 17. Vote of Board: Ayes : All This resolution- was duly ADOPTED. Trustee Smith: The next item on our agenda is to declare lead agency on the wetland application of John S. Tessier. Would someone like to offer a motion on this one? Trustee Bredemeyer: 'I move that we declare lead agency on this one. Trustee Kujawski: I ' ll second that motion. 18. Moved by Trustee Bredemeyer seconded by Trustee Kujawski 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 John S. Tessier on behalf of the Gardiner Bay Estates for a Wetland Permit on Certain property located at 730 Bayview Drive, East Marion. 18. Vote of Board: Ayes : All This resolution was declared duly ADOPTED. Trustee Smith: Next is a ..mooring application for Thomas Newman. 19. Moved by Trustee Kujawski seconded by Trustee Smith it was RESOLVED to APPROVE the mooring application for Thomas Newman to place an offshore mooring in James Creek, Mattituck, as per application. submitted. 19. Vote of Board: Ayes : All This resolution was declared duly ADOPTED. Trustee Smith: Any questions? We will move on to another lead agency declaration. Who would like to offer this resolution? Trustee Bednoski: I ' ll make a motion to declare 'lead .agency. Trustee Smith: I ' ll second your motion. 20. Moved by Trustee Bednoski seconded by Trustee Smith it was RESOLVED that the Southold Town Trustees declare lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Port of Egypt Ent. , Inc. & C. & L. Realty, Inc. for a Wetland Permit on certain property located on Main Road, Southold. 20. Vote of Board: Ayes: All This resolution was declared duly ADOPTED. Trustee Smith: Next we have another lead agency declaration. Board of Town Trustees Page 16. October 25, 1984 21. Moved by Trustee Bredemeyer seconded by Trustee Bednoski 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 John Newman for a wetland permit on certain property located at Sailors Needle Road, Mattituck. 21. Vote of Board: Ayes: All This resolution was declared duly adopted. . Trustee Smith: Number 22 is another environmental assessment on the wetland application of June L. Hussey. 22. Moved by Trustee Bednoski seconded by Trustee Smith it was RESOLVED that pursuant to 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, which is unlisted,. will not have a significant . effect on the environment DESCRIPTION.. OF ACTION: Application of June . L. Hussey for a wetland permit to replace 100 lz. or existing bulKneaU . and to recover sand Tos in o the creek on property located at 1065 Fleetwood Road, Cutchogue, New York. e project as been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated . that no significant adverse effect to the environment are likely to occur should the project .be implemented as planned. Because there has been no response in the alloted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. 22. Vote of Board: Ayes: All This resolution was declared duly .adopted. Trustee Smith: We will move on to our Grandfather Applications now. We have five applications this month. We can do these as a group. Will you take this one Frank? Trustee Kujawski: Yes! I move to approve the Grandfather Applications as submitted for Henry Wong, Lucile J. .Shepard, Frank Roessle, Lester -Seaman and Raymond Colucci. Trustee Smith: I ' ll second that motion. Moved by Trustee Kujawski seconded by Trustee Smith it was RESOLVED to APPROVE the following Grandfather Applications : 1. Henry Wong, to secure a permit for a bulkhead, ramp and float in Haywaters Cove, Cutchogue. 2. Lucile J. Shepard to secure a permit for a catwalk, ramp and float in Wickham Creek, Cutchogue. Board of Town .T,rustees Page 17. October 25, 1984 3. Frank Roessle to secure a permit for a catwalk, ramp and float in East Creek, Cutchogue. 4. Lester Seaman to secure a permit for a bulkhead in East Creek, Cutchogue. 5. Raymond Colucci to secure a permit for a catwalk ramp and dock in Brushes Creek, Laurel. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith: That concludes our regular prepared agenda. Is there anyone in the audience who has something to bring before the Board at this time? Mr. Carl Vail: Yes! If you will excuse me, I 'm 89. Trustee Smith: By all means, please sit down. Mr. Vail: We would like to recommend that the Boating Season start April 15th and end.; on November 15th. They have- taken up all of the buoys and people have gone aground. . I have been dredging scallops and the regulation permits closing of the creeks for two weeks so -that we can get a half of bushel of scallops by net. At the end of the two weeks, as I understand it, they permit the commercial people to come in with dredges. How can we compete with an outboard dragging six dredges? For example my grand-daughter and daughter who have been have been getting a half bushel in the creek, in .the" last week or two and one outboard came in to dredge, and the next day they went in and it took them two hours to get one peck of scallops. Now if you are going to continue this practice, I would like to suggest that you close the creeks entirely to dredging. When they dredge they smash the scallop or they cover them with sand. If you close the creek, you will have a permanent breeding ground for scallops and every year the public can go and get their half bushel with a net. Only one year in the past ten have I been able to get a half bushel, dredging with two dredges, - after the season was opened. Trustee Bredemeyer: I have heard this to. Also, someone who is adept at using a scut-net can.�harvest*, almost at the same rate particularly if they start getting better through the season, and I 've noticed they can harvest at the same rate you would with a dredge and you don' t have the damage to the beds or dislodging spatt and moving stuff along so much quicker, which is one reason why you hear stories of alot of scallops ending up wind blown is because they move out of the creek prematurely and then they are subject to greater forces of wind out into the bay. I think what you say has alot of merit. Maybe not entire closures, I think to investigate Board of Town Trustees Page 18. October 25, 1984 it. Possibly to have the commercial person in on the footing that he can take his fair share dip-netting so that the residents are on equal footing. They all share in on the resource, not so much we just keep the commercial man out also. Certainly work side by side with the. homeowner. Mr. Pfeffer: I have a question. Who .has the responsibility of marking the channels in the creeks? Trustee Smith: The Bay Constable. Mr. Pfeffer: This is the first year it has happened. There were a lesser number of markers in the creeks. Some are not placed correctly. I use Goose, .Creek. Trustee Smith: If you notice a problem with the markers, please contact our office and we will have the problem rectified. Mr. Vail you made a comment in your opening statement about the markers and the length of the boating season. I was under the impression that you are complaining that the buoys are out to early? Mr. Vail: Yes. Trustee Smith: I have had complaints about this. We will notify the Bay Constable. Thank you for your input. Trustee Smith: Is there any one else who wishes to come before the Board? Mr. Charles Bowman: I have a letter of permission from Mr. Braider on the application for Leon Marcus. I think everything has been worked out now. There are some revised maps also. Trustee Kujawski: I ' ll move to make a recommendation to the Town Board of Approval on this Wetland. Application as per revision submitted, along with the. letter of approval. Trustee Smith: I' ll second that. Moved by Trustee Kujawski seconded by Trustee. Smith it was RESOLVED to recommend to the Town Board Approval of the Wetland Application submitted by the Land Use Company on behalf of Leon Marcus for a dock structure in Gull Pond, as per revised sketch. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith: We want to change the definition of Wetlands, as defined in the ordinance. Trustee Kujawski: This has to go to the Town Attorney, does it not? Board of Town Trustees Page 19. October 25, 1984 / We know that the definition is what we want changed. Why can't we tell him to leave the tidal waters and drop everything else. Just put in "Up to 75 ' from tidal waters. " If it is really a tight one they will go to the low tide mark. Trustee Smith: I did not want to overlap with the Building Dept. As far as determination, it will be made by the foot measurement. . Trustee Kujawski: We need an enforcement officer. Trustee Smith: We don't want the Building Department to be the enforcement. Trustee Kujawski: It says in=.the ordinance "It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter. " We want to change this to read the Bay Constable or Marine Officer. Trustee Smith: We would like to cut our apron strings completely from the Building Department. Moved by 'Trustee Smith seconded by Trustee Kujawski it was RESOLVED that a letter is to be sent to the Town Attorney and copies to the Town Board to have the Wetland Ordinance rewritten, then to be presented to the Town Board for their review and processing. Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Kujawski: The Building Inspector. is mentioned several times. It will have to be changed to delete Building Inspector and insert _ Bay Constable or Marine Officer throughout. Trustee Smith: ' I would like to send a letter to the Chief of Police requesting that the Bay Constable attend the next meeting of the Board of Trustees, and future meetings. Trustee Kujawski: I think it is very useful to have him here. There are things that come up and things that have to be discussed with him. Trustee Smith: I think it is important. Is there anyone else in the audience who wishes to come before. the Board? (No response. ) I would like a motion to close this meeting. Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was Resolved that this Trustee meeting be and hereby is adjourned at 9: 35 P.M. Vote of Board: Ayes: All This resolution was declared duly adopted. • Ilene Pfifferling, Secretary Board of Town Trustees - _- -- -- -- - ------.- -'---� _ -, ----•:�- - -.^•I - Judge .-to decide. JIj Trustee,contest By ARTHUR BRIDENSTINE "It was a bipartisan board Supreme Court Justice that determined that these Paul J. Baisley last Wed- People were improperly- nesday_issued a court order ;-registered,".. but' Judge prohibiting the Suffolk Board Baisley'overruled-the board, 1 of Elections from certifying McNulty said. Ellen M. Larsen as the . Southold Town Democratic winner in the race for Chairman William Grigonis Southold Town Trustee, said, "We just feel that this j Board of - Elections election was stolen from us." ! spokesman Gerald Berger Grigonis said that the.action said:,_- by Judge Baisley, a On November 20, -the Republican, was a political Board ;of Elections -had • move which usurped the declared Larsen the winner, decision of the, bipartisan by four votes,-in the contest Board of Elections.-over Democrat Albert J. "'We are'confident that;Oe Krupski, Jr., ,by four„votes will win when a decision,from following a recanvass-of the the appellate court is , ballots. Peached," Grigonis said. Earlier, on November 16, However, Southold the- board had declared Republican Leader John Knzpski the winner by two Nickles said,. 'W a are on- votes in"a recount requested sound legal. grounds. The by the Southold Republicans decision;to,accept-those:11 after Krupski had a 30-vote ballots was; a sound.one:''' r lead on,election night: ``.Judges are not At. the November .20. predisposed from taking recanvass; Judge-Baisley people's ballots away," ruled that only half of 22 Nickles said: "I think the write-in ballots were-valid Judge -has made 1i-.very Those same ballots-had been "Prudent.decision: rejected by the bipartisan However,.Nickles sad.his board of elections, . John concern was that` with McNulty, attorney--for,,,the Baisley being a Republican, Democrats;said.< the,,public might perceive ' Of!those'll ballots, eight that the judge . shaded-his went'to'Larsen; two went to• decision in some•way:" Krupski and one was blank. McNulty. said. that the a The Board ofElections had. Southold Democrats would determined that of those 11 appeal to the New York State ballots, two people -had. Appellate.Division. moved within their election The Board -of Elections , district, applications had not, may certify the winner of the y filed for absentee ballots by, race,',only after'a court deci- two other voters, six people sion is reached,Berger said. had ;gone- to the wrong . The- trustee position will . . polling place and.one ballot remamvacant.until,ttiecourt i was received a, -day. late, decision is announced, he McNult*said. added. � r II.