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HomeMy WebLinkAboutTR-12/26/1984 TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 DECEMBER 26, 1984 REGULAR MEETING 7: 30 P.M. The Regular Meeting of the Board of Town Trustees was held on Wednesday, December 26, 1984 at the Town Hall, Main Road, Southold, New York. The meeting was opened with President Henry P. Smith presiding at 7: 30 P.M. Present were: President Henry P. Smith Vice-President John Bredemeyer Trustee John Bednoski Trustee Frank Kujawski Bay Constable Donald Dzenkowski Secretary Ilene Pfifferling Moved by Trustee Smith seconded by Trustee Kujawski it was RESOLVED that the Mooring Renewal Permits for the month of February, 1985 be and- hereby are approved with the exception of permit number 797 for Melchione Investment Club, upon further _ investigation. Vote of Board: Ayes: All This resolution was declared duly adopted. Moved by Trustee Smith seconded by Trustee Bredemeyer it was RESOLVED that the date for the next regular Trustee Meeting will held on January 30, 1985 monthly inspections will be January 24, 1985 . Vote of Board: Ayes: All This resolution was declared duly adopted. Trustee Smith: The Trustees monthly report is as follows : Mooring Renewals $55. 00, Wetland Applications $100. 00, Wetland Inspection fees $10. 00 and Application fees $30. 00 for a total of $195. 00, which has been turned over to the Supervisor. Trustee Smith: The following communications were received as follows: 1. James Bitses requesting an extention on his permit number 1619, for his bulkhead in Corey Creek, Southold. It was the consensus of the Board not to grant this extention ; therefore , reapplication will be necessary. 2. Barton Cass, Commissioner of Page 2 - Board of Town Trustees - December 26, 1984 Dept. of Public Works. Trustee Bredemeyer advised the Board that this communication was referenced to the problem in Arshamomaque Pond and the problem with road run off, which was one of the factors contributing to the coliform pollution. 3 . Daniel T. Smith regarding a wetland permit for Chester Dickerson. 4 . Town Attorney Tasker regarding amendments to the Town Wetland Ordinance. 5. Information from Thomas Samuels pertaining to a news article written by Neil Orloff. 6. Aquacultural Research Corporation regarding shellfish seed for sale in 1985. In regard to item 3, it was the consensus of the Board to issue a corrected permit to Mr. Criblez, new owner -of the Dickerson property. RESOLUTIONS R. PLUSCHAU 1. Moved by Trustee Bredemeyer. seconded by Trustee Kujawski it was RESOLVED to APPROVE the. application for R. Pluschau to construct two 4 ' x- 25 ' floats and one 5 ' x 20 ' float and a 3 ' x 12 ' ramp from an existing catwalk in Narrow River, Orient with the provision that it will conform with any existing zoning requirement for that use. 1. Vote of Boards 'Ayes : All This resolution was declared duly adopted. ANN G. BAYDALA 2. Moved by Trustee Smith seconded by' Trustee Bednoski it was RESOLVED to APPROVE the application of Ann G. Baydala to place an offshore stake in Goose Creek, Southold, all in accordance . with the application submitted. 2. Vote of Board: Ayes: All This resolution. was declared duly adopted. MICHAEL CARLUCCI 3. Moved by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED that the Board of Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Michael Carlucci for a Wetland Permit on certain property located at 8A Island View Lane, Gkeenport. 3. Vote of Board: Ayes: All This resolution was declared duly adopted. JOHN NEWMAN 4. Moved by Trustee Bredemeyer 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 below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Page 3 - Board of Town Trustees - December 26, 1984 DESCRIPTION OF ACTION: Applicant proposes to place 42 ' of 10-100 stone rip-rap in front of existing broken concrete to reinforce, garage. Replace (within 18") 95+1of timber bulkhead and back- fill with 7 cu. yds. of sand and loam on s/s of inner basin, replace (within 18" ) 43+' of timber bulkhead and backfill with 4+ cu. yds. of sand/loam. Remove an existing 50+' x 10 ' double sheathed solid fill walk and replace it with open-work walk on pilings. Remove and replace pilings on s/w wall of outer basin. Remove existing bulkhead on n/w side of outer basin and build a new bulkhead 45+' long5+' landward of old. Remove 5 ' of interveninc_ soil to depth 4 ' below MLW. Dredge outer basin of approximately 55 ' x 50 ' '(prop) plus 10 ' x 50 ' at entrance to basin to 4 ' below MLW. Approximately 285 cu. yds. of spoil will partially be used as backfill (if appropriate) or removed to suitable upland site. (Town Landfill'. ) Install a 4 ' x 12 ' hinged ramp and (2) 6 ' x 16 ' floats secured by (2) 8" diam, x 20 pilings in dredged outer basin. Construct a 6 ' x 6 ' cantilevered platform off existing bulkhead and attach 4 ' x 12 ' hinged ramp leading to (2) 6 ' x 16 ' floats (arranged perpendicularly) secured by (2) 8" diam. x 20 ' pilings. Note: Owner requests permission to install rip-rap along 95 ' of deteriorated bulkhead at s/w end of inner basin instead of replacement bulkhead at his discretion, on property 1 ca edd at . Sailors ,N�edle, Mattituck. 'I'�ie ollowing provisions were stated and agreed by the applicant: modify the portion of. the floating dock and ramp and float assembly that abuts the creek and is not part of the boat slip, e will remove this. Remove the mooring to the north of the fight, house and to pay for the dredge material. Spoil to be trucked to the Town Landfill. 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. 4. Vote of Board: Ayes: All This resolution was declared duly adopted. 5. E. N. RICHARDS Moved by Trustee Kujawski 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 Trustee: Page 4 - Board of Town Trustees - December 26,. 1984 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: Applicant proposes to shorten existing 30 ' x 4 ' fixed dock to 24 ' x 4 ' and add a 12 ' .x 4 ' hinged ramp and 16 ' x 6 '_ float secured by (2) 8" diam. �x 15 ' pilings. Purpose of change is to reach deeper water and improve usefulness of dock, on property located at Salt Lake Village, 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. The Trustees discussed the possibility of the removal of the dock; attaching the ramp to the bulkhead then the float, just taking the dock right out of there. With this idea, the above referenced environmental assessment was made. 5. Vote of Board: Ayes : All This resolution was declared duly adopted. 6. MARTIN AND FLORENCE GELLMAN 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: Applicant proposes to repair and extend existing dock by adding a 12 ' x 4 ' dock section to a V x, 20 ' ramp, two 4 ' x 16 ' floats, 8 ' x 16 ' float secured ,by 4 spiles, on property located at Meday Avenue, 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 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 Page 5 - Board of Town Trustees - December 26, 1984 are no objections nor comments from those agencies. Trustee Kujawski stated that this dock has been in for a long time. He would recommend that the application be amended to show the float will have to be constructed in an "L" configuration, directed to the east, rather than a "T" configuration, so that it does not go, in front of his neighbors property. 6. Vote of Board: Ayes: All This resolution was declared duly adopted. 7. THEODORE KRUKOWSKI 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 below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION: Applicant proposes to construct a 4 ' x 26 ' catwalk and a 6 ' x 16 ' floating dock on property located at 15 Stillwater Ave. , Cutchogue. 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 to 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. Trustee Bednoski suggested . that the width of the catwalk be reduced .to a width of 3 ' . and placed 3 ' above the marsh. Based on the above-referenced stipulation, Trtistee Bednoski made a non-significant determination on the application of Theodore Krukowski. . 7. Vote of Board: Ayes : All This resolution was declared .duly adopted. 8A. Moved by Trustee Bredemeyer seconded by Trustee Bednoski it was RESOLVED that a recess be called at this time, 8 : 00 P.M. , for the purpose ot holding e foliowing pubiichearings: Page 6 - Board of Town Trustees - December 26 , 1984 In the matter of the application of Charles H. Thomas to construct a dock structure on property located at Trumans Path, East Marion. The minutes of this public hearing were prepared - under separate cover. On motion made by Trustee Smith seconded by Trustee Kujawski it was RESOLVED that the public hearing be and hereby .is closed by unamious vote of the Board. In the matter of the application of Port of Egypt Ent. / C & . L Realty Co. for maintenance dredging and filling on property located on Main Road, Southold. The minutes of this public hearing were prepared under separate cover. On motion made by Trustee Smith seconded by Trustee Bredemeyer it was , RESOLVED that this public hearing be and hereby is closed by unamious vote of the Board. . In the matter of the application of Strongs Marine Center submitted by.-En-Consultants, Inc. to install a timber retaining wall, to remove boq., which has fallen into the creek, by backhoe, and float dock, in James Creek, on property located at Camp Mineola Road, Mattituck. The minutes of this public hearing were prepared under separate cover. On motion made by Trustee Smith seconded by Trustee Kujawski it was _RESOLVED that this public hearing be and hereby is closed by unamious vote of the Board. Meeting reconvened at 8: 30 P.M. 8B. Moved by Trustee Smith seconded by Trustee Bednoski it was RESOLVED that notice is hereby given that public hearings will held by the Board of Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on Wednedsay January 30, 1985 on the following applications for permits under the provisions of the Wetland Ordinance of the Town of Southold, to commence at 8: 00 P.M. In the matter of the application of E.N: Richards submitted by En-Consultants, Inc. to shorten existing fixed dock and add a hinged ramp and float secured by pilings on property located at Salt Lake Village, Mattituck. . In the matter of the application of Martin and Florence Gellman to repair and extend existing dock and to place removable ramp and floats with pilings on property located at Meday Ave. , Mattituck. In the matter of the application of Theodore Krukowski. to construct a catwalk and floating dock on property located at 15 Stil water. Ave. , , Cutchogue, In the matter of the application of John Newman to construct rip-rap, remove solid-fill walk. and replace with an open pile-supported structure: to remove and replace bulkheads and to dredge on property located at Sailors Needle Road, Mattituck. In the matter of the application of John S. Tessier on behalf of the Gardiner Bay Estates to maintenance dre4ge in the mouth o Spring Pond, East Marion. 8B. Vote of Board: Ayes : All This resolution was declared duly Adopted. C�Y Page 7 - Board of Town Trustees - December 26, 1984 CHARLES H. THOMAS 9. Moved by Trustee Kujawski seconded by Trustee Bredemeyer WHEREAS , Charles H. Thomas applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated Oct. 1, 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 Dec.. 26, 1984 at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Charles H. Thomas be granted permission under the provisions of the Wetland .Ordinance of the Town of Southold, New York, all in accordance with the application. This permit will expire on Dec. 26, 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. VOTE OF BOARD : AYES : ALL THIS RESOLUTION WAS DULY ADOPTED. PORT OF EGYPT & C/L REALITY 10. Moved by Trustee Kujawski seconded by Trustee Bredemeyer WHEREAS, Port of Egypt Ent. /C&L Realty applied to the Southold Town Trustees for a. permit under the provisions of the Wetland Ordinance of the Town of .Southold, application dated Oct. 18, 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 Dec. 26, 1984 . at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Port of Egypt Ent. /C&L Realty be granted permission. under the provisions of the Wetland Ordinance of the Town of Southold, New York, all .in accordance with the application. This permit will expire on Dec. 26, 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. VOTE OF BOARD : AYES : ALL THIS RESOLUTION WAS DULY ADOPTED. Page 8 - Board of Town Trustees - December 26, 1984 STRONGS MARINE CENTER 11. Moved by Trustee Kujawski seconded by Trustee Bredemeyer WHEREAS , Strongs Marine Center applied to . the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated Sept. 4, 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 Dec. 26, 1984 . at which time all interested persons were given an opportunity to be heard, now, therefore, be it 'RESOLVED that Strongs Marine Center be granted permission under the provisions of the Wetland- Ordinance of the Town of Southold, New York, all in accordance with the application. This permit will expire on Dec. 26, 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. VOTE OF BOARD : AYES : ALL THIS RESOLUTION WAS DULY ADOPTED. 12. Moved by Trustee Bednoski 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 submitted by En-Consultants Inc. on behalf of Gus Klavas for .a Wetland Permit on certain property located .at Arshamomoque Road, Southold. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. 13. Moved by Trustee Kujawski 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 submitted by Albert Roke for a Wetland Permit on certain property located on Schoolhouse Creek, New Suffolk. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. 14. Moved by Trustee Kujawski seconded by Trustee Smith 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 submitted by the Land Use Company on behalf of the Winds Way Building Corp. for a Wetland Permit on certain property located at Cedar Beach, Southold. VOTE OF BOARD: AYES : ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. i 15. Application for A. Spiro was held. The Trustees will make an inspection of the subject area. a Page 9 - Board of Town Trustees - December 26 , 1984 GF 1 - Moved by Trustee Kujawski seconded by Trustee Smith it was RESOLVED to Approve the Grandfather Application Submitted by John Hartung to secure a permit for a bulkhead in New Suffolk, New York. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. There was discussion held relative to the amending of the Wetland Ordinance. Trustee Kujawski asked Ruth Oliva and the NFEC for their support in regard to this matter. Trustee Kujawski advised that .the Building Inspector will no longer .be the person who makes a determination, . in questionable areas, on the need of a Wetland Permit. Under the proposed new ordinance the Bay Constable will be the person who enforces the Wetland Ordinance. As far as determinations, it will read anything up to 75 ' from the HWM. It goes on to describe it in other terms also. There was discussion held regarding the penalties for offenses. Trustee Kujawski suggested that there should be a section added: " All the costs of correcting :the situation and restoring the area to as close to as possible the environmental conditions that existed before the offense, should be borne by the party that has committed the violation. " Trustee Kujawski asked that the. Town Attorney .be advised to add.,the following to the Wetland Ordinance also: "All the cost of .restoring the affected area will be borne by the party or parties who have committed the violation. " This is to be- added to section entitled "Penalties" . Trustee Bredemeyer spoke about the last section B. which is not in the draft that was submitted.. He indicated that usually the entire ordinance is typed up with the caption changes in brackets or underlined, because it would leave the Town an "Out" as a word to request in a court of law remedies about which we spoke. Maybe this was an oversite. Trustee Kujawski asked if it was agreeable with the board, that when the Town Attorney has this ordinance ready, that the Trustees will go down and look at it or if he wants to forward a copy to the Trustees for review, before submitting it' to'-the Town. Board. . There was discussion held regarding the State Environmental Quality Review Act. The board felt that when a person comes in for a dredging application, that they could be given a long EAF form, and advise them it is at their own discretion, if they wish to fill it out. That dredging usually requires a more thorough review, and it might be in their own best interest if they fill it out. New bulkheads in tital waters the same, as the dredging, give a long EAF. On motion made by Trustee Kujawski seconded by Trustee Bredemeyer it was RESOLVED that this Trustee meeting be and hereby is Adjourned. VOTE OF BOARD: AYES: ALL THIS RESOLUTION WAS DECLARED DULY ADOPTED. far-rAtar�� t:n FX arr� nF m,-„ �.-„-