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HomeMy WebLinkAboutTR-02/06/1980 388 A regular meeting 'of`the Board of Town•,T'rustees'•was-�held'�atI 7:30 p.m. , Wednesday, ,February 6-, 1980 at the Town Hall q Main Road, '-Southold,' New York. Present-were: Trustee President-Anna T: Hataier Trustee Frank A. Kujawski,. Jr.. Trustee Henry P. Smith Trustee Halsey A. Staples Trustee Paul Stoutenburgh Lora-ine-Terry, NorthLF-ork 'Environmental�C.ouncil Roberta Sinott, League of-Women Voters Mike Stahl, Suffolk Times Jarvis'Veri-ty and-- Mr.""-Ha-1laha1n-9,'_Ba'- efif Association - On -motion made by President Hataier', seconded-by Trustee Smith, it was .RESOLVED. to approve the application of North Fork Equities, Inc. to construct a timber.catwa-lk, to- bridge a non-navigable waterway for access from upland to beach at private property of the applicant at Gull's Pond, subject' to the following conditions: 1. Receipt of copy of contract containing' the specifications which were unavailable at the time of the application. 2. Construction date. 3. The catwalk- is to be placed three feet above the grass. Vote of the Board: Ayes: Hataier, Kujawski, Smith, Staples, Stoutenburgh On motion made by President Hataier, seconded by Trustee. Staples, it was RESOLVED to deny without prejudice to future applications the applications of Mar aret Braatz to construct a 78 foot timber bulkhead and dredge approximately 150 cubic -yards of sand to be placed behind bulkhead at private property of the applicant at Wunneweta Pond, Nassau Point_, Cutchogue, Vote of the Board: Ayes: Hataier, Kujawski, Smith, Staples Abstain: Stoutenburgh Mr. Stoutenburgh abstained because he knows Mrs. Braatz very well. Mr. Gardner, adjoining property owner, and Abigail Wickham, attorney for Mrs. Braatz appeared at this meeting. Mr,.i.;Gardner spoke in favor of the application and there was conversation back and forth with the board. Mr. Kujawski explained that there are three applications. In January, the Board of Town Trustees recommended denial of the wetlands application and the other two applications were tabled and it was indicated to the attorney representing Mrs. Braatz that the Board would be agreeable to meeting with Mrs. Braatz to reach a solution that would meet her needs. Mr. John Costello, marine contractor, asked what alternatives the Board would consider. Among those. offered were a floating dock and a possible combined use with Mr. Gardner. 389 At the regular meeting held in' January, a -resolution was passed -increasing the fee for dredging to $2.00 a cubic yard. There was 'a contingent,.-at the meeting to discuss this change. Among them were Thomas Samuels of Rambo, Inc_. , Jun Glover, John Costello, Terry Latham, Bill Boscola, -David Strong, David Hogan, Shirley Crocker, Frank Costello of tTlrich Marine, Mike Stahl of Boatmen's Harbor, Al Vaneen (?) of Matt-A-Mar. - Dr. Samuels complained that- the -increase -- was not on the lagenda of the board for that particular meeting so 'that there" was no advance notice given. He has no objection to the charge if someone builds a bulkhead and dredges in order to get fill and he is getting value from the town bottom. If fill is being removed'to maintain. navigable waters, he objects. Mr. David Hogan complained about the newspaper reports and also stated that he felt Southold did not have to-follow what Southampton- does and. '- . . should set its own precedent with the $2.00 charge. He felt the town supported the action in January. Mrs. Shirley-Crocker stated-she had attended the meeting in January and it wasn't her impression that the town supported tlje action. She said there hadn't been enough discussion on the matter. Mr. Frank^Costello asked if the material was removed from private property was there a charge and if you remove state land from your own private property was there a charge. The answer was in the negative to both 'inquiries. Mr. Staples remarked- that-the charge for bankrun is $3 a yard. In answer, Mr. Frank Costello said. for .75(� a yard you can fill your- truck at the dump. Jarvis Verity, president of the Baymen's Association, made some statements about clams and their value and was- in accord with the $2 charge in order to save the creeks. Comments were-also made that dredge spoil is not salable spoil for a long period of time as a general- rule. It was also mentioned that line crane work is somewhere around $1.50 to $2 a yard depending on the job and the quality of the material. Permit costs are about $250 to $750. More costs were explained in order to justify the cost being lowered to no more than $1. Mr. Stoutenburgh said-if'. the Board finds- this is a financial hardship he will make the motion to reduce the amount. He said he felt all the board would agree to this. No one voiced an objection. "Mr. David Strong of Strong's Marina feels the fee is too high for maintenance dredging. He wanted to know who determines who owns what washes in over the. creek -bottom.- . He also- questioned. a wetlands permit for maintenance dredging of a 'private marina-bottom. The Board will try to correct-this procedure for the future. '- 'Mr. Howard'Zehner stated that in order to bring boats into Young's Marina he has to-dredge the town creek and -put it on his own property.- Dr. -Samuels asked if the-$2 fee was' a unanimous decision-and the- answer was yes. Dr. Samuels said at the last meeting it was understood that the Southampton Town fee is $2 when it is actually-$1. He requested a vote to- see if there would be a change as a result of the misinformation at the last -: meeting. - Mr. Hogan felt the Board should stay with its original determination as there has not been overwhelming opposition from the people in Southold. In fact, the only opposition has been from marine contractors and private marina owners. Mr. Vaneen of Matt-A-Mar asked if maintenance-dredging_4is performed and the fill is used on the property is the fee- applied. The answerlwas in the affirmative. `'Mr. John-Coste110 asked if the Board had considered a -spoil area for depositing the spoil. This `has not been considered but would-be when- the need arises. Mr. Kujawski- felt setting dp-an -area would encourage dredging work. The Board did not change their resolution .of the January meeting. On motion made by President. Hataier, seconded by Trustee Staples, it was. - - . RESOLVED -to approve the application of Thomas S. Blankley to maintenance dredge approximately 20 cubic yards of material from an area 20 feet by 20 feet in front of private property of the applicant at Jockey Creek. 390 Vote of the -Board: Ayes: Hataier, .Kujawski,, Smith, Staples_ ,No,: _Stoutenburgh Mr. Stoutenburgh stated'-that his action •was based on. .the fact .he doesn't think it is necessary as the 'applicant has 'been able to get his boat in and out. He feels this is very valuable property. Terry Latham, contractor, l said this was a .spot missed when,the. .dredging was done several` years ago. Mr. Stoutenburgh maintained his "no"--vote. Matt-A-Mar. Mr. .Al Vaneen-was present. _ The Board read a: letter from "Dr. Agarabe. pertaining to any future dredging -and-is- still not.happy with-the wor.din ,.,., A,c;opy...,of, the condition -for, approval_•wil_.1.,be forwarded to both ` Dr. Agarabe and Mr. Vaneen. _ Trustee, Stoutenburgh ma de 'a motion to ,approve_ the application for a dock of Frank Pileski with the condi.tion,tha.t the names listed as persons. with an interest in.the right-of-way _be ,checked out to determine if they are the proper- signatures of owners in the area. _ President Hataier . seconded the motion and it was` carried..'. ._Mrs_ . .Hataier will check the names out. Trustee-Stoutenburgh made a motion.,, seconded by Trustee Kujawski and_ carried to approve the minutes of the special meeting .of December 18,, 1979., ' Discussion- was held regarding the Riverhead Town. Bay Conservation: Assn. - request for- >the-lease .of land in the.bay to- transplant polluted clams. There has .been discussion with the Southold Town .Baymen'soAssn. regarding this. matt_er... The .Baymen do not want to be precluded from scalloping in the__ area. A lettex should be arriving from Riverhead-and. after. this letter is received the Southold Town Baymen's president or Mr.._Hallahan will get .back- to the trustees—Riverhead wants the backing of. the Town Trustees in..its _ quest. : President Hataier reported. that.;.she.had met with,C.ouncilmen.Drum-, Murdock and Nickles. for, anoinspection of the ;.mouths of town, creeks 'in an . effort -.to.designate.dredging-priorities _at.the, 'request of. the Suffolk_County Public _Works_,Dep, :'< The..r-ounci-Imen,are-;members _of,.the Inland Water d ways Committee of, the Town Board and will make a_ report to the County. The following was -the list provided by. Councilman..Murdock who attended the Trustees' meeting. Critical and-Essential Dredging Projects, January 1980 Location Condition.. New Suffolk, I Town ramp, bay entrance Closed Mattituck, Deep Hole. Creek,- bay entrance . 90% closed-reduced tidal flow Southold, Cedar Beach Creek,: bay." eritran.ce Dredging not completed,.1979 Peconic, Goldsmith_Inlet, L. I. Sound: 90'/; closed 391 Non-critical Dredging Projects, January 1980 Location Condition Southold, Mill Creeks channel entrance Dredging not completed 1979 - Peconic, Richmond Creek, bay entrance &-channel 30%- closed, shoaling �. Laurel, James Creek, Inner d outer channel Shoaling-limited use small county dredge .in 19T9 Mattituck, Halls Creek, Bay entrance 50% closed .- shoaling county contract, dredged 109 Cutchogue, Little Creek, bay entrance Cutchogue, West Creek, inner entrance - Cutchogue, Downs Creek, -inner entrance Trustee Kujawski questioned Councilman Murdock on why a committee from- the Town Board makes the decisions rather than the Trustees who have jurisdiction over the town bottomlands., Councilman Murdock said the committee has to recommend to the County. Trustee Kujawski felt it would-be logical for the Trustees to make the determination. When asked by Trustee Kujawski if he would be in favor of the trustees doing this, Councilman Murdock answered that he did not know whether it is a function properly done by the trustees. President Hataier said she would approach the Town Board for an answer to this. On motion made by President Hataier,' seconded by Trustee Kujawski, it was RESOLVED to approve the application. of Diane Gazza to install a floating dock and catwalk over wetlands at property located at Cedar Beach, Southold, with the condition that the width of the catwalk be decreased from five feet to three feet. Vote of .the Board:'- Aye-s: Hataier, Kujawski, Smith, Staples, Stoutenburgh On motion made by President Hataier, seconded by Trustee Kujawski, .it was RESOLVES) to recommend to the Southold Town Boa-rd -approval of ;the wetlands application #45' of Diane Gazza• to install a_floating--dock and catwalk over . "JS, wetlands at property located-at Cedar Beach, Southold, -with the condition - k, ) Y° that the width of the catwalk be decreased from five feet to three feet. Vote of the Board: Ayes: Hataier, Kujawski, Smith, Staples, Stoutenburgh - Mr. Frank Costello of Ulrich Marine questioned the Board on whhther _a wetlands application is necessary when one is dredging the middle of a private marina for maintenance. President Hataier will make inquiries as to whether. the Town Trustees have the power to make the decision as to whether wetlands are 'involved. President Hataier reported a meeting regarding East Road with Town Attorney Robert Tasker. Mr. Tasker told Mrs. Hataier that he felt something could be worked out. President Hataier will be setting up a meeting with Mr. Glover's attorney, the Fleet's Neck Property�_Qwners attorney, Town Attorney _: Tasker and herself in the near future. 392 _. President Hataier made.-.a motion to approves•the foIlowing, mooring renewals_for. the month, of.March .pending receipt .of the, $ fee. . Trustee Stoutenburgh seconded the motion and- it was carried. ; Wilbur.:E. Baldwin. Haywaters Peter L. ,Berdinka Mattituck„ Edith D. Charkow: ._ Mattituck Robert Cooper Gull Pond Paul G. Edwards James George Garbe Gull Pond, John P. Grimes Little Peter- V. Izzo. . : Little - Almet ,R. Latson Town,, Rix-R. McDavid Goose JQseph_J: Melly,_ Jr. Little _ William�Norris. Jockey Victor Ostling Gull-Pond Mario Pisciotta Little Robert Rothman Jockey Russell A. . Stassen East Isabel Ziegler Gull Pond John Sammis Deep Hole David M. Johnson Corey :.Anthony; Bracco:"_ _ . Goose _. " . Philip Montgomery James Reginald F-. Tuthill .-Orient- ; Rene. Ge.ndron .: Town.::.; President Hataier made _a-motion to approve the minutes of January, 2,, 1980. Trustee Staples seconded the motion. and it was carried. Mr. Stoutenburgh requ:e.ste.d.-that, the minutes- be_:changed: to _read that he was a "prime mover" in creating the Town Wetland Ordinance rather than "instrumental". He also .wanted .the wording that he "would not be absent" if. he,were- elected president changed to he "would he: available!'.-. He :felt this inferred that- he had been absent from meetings when. in fact he, had not. In response to a request for assistance from the Goose Bay Property Owners Assn. for its dredging project, President Hataier said she would meet with the Town Board and request that they answer the letter and offer some assistance-.to -these, people.. .-_ Councilman Murdock reported that the request of the Town Trustees that the -Bay Constable be given time off from -his regular job to attend the monthly meetings of the Trustees had been .referred to the Chief of Police who is the Bay Constable's department head. In regard to _the property --acquisition at. Narrow. ;River, _this matter has been referred by the Town Board to the Department of Environmental .Control asking .their advice on whether the town should acquire this parcel or what use they recommend. 393 President Hataier didn't have anything to report at this time on the possibility of maintenance bonds for large projects: Mr. Hallahan of the Southold Town Baymen's Association reported that he and Jarvis Verity would be meeting with the new bay constable and the chief of police to tell them what will be pertinent to the bay-constable to look at that hasn't been taken care of in past years. They will report back about the results of the meeting. j There being no further business to,come before the Board, Trustee Kujawski made a motion, seconded by Trustee Stoutenburgh and carried to adjourn the meeting. Meeting adjourned at 9:45 p.m. Respectfully sibmitted, Muriel Tolman, Clerk