HomeMy WebLinkAboutTR-06/06/1978 296
A regular meeting of the Board 'of Southold Town. Trustees was
held June 6, 1978 at 7:30 p.m. at the 'Town Hall, Main. Road`,, Southold,
New York. Present were':
President. Philip, G. Horton
Trustee Scott Harris
Trustee Anna Hataier
Trustee John Nickles
.Trustee Paul Stoutenburgh
1
Trustee Hataier made .a motion to accept the minutes 'as amended
for the meeting of �May 2, 1978. Trustee Stoutenburgh seconded.
the motion and it was carried.
On motion made by Trustee Stoutenburgh, seconded' by .Trustee
Hataier, it was
RESOLVED to approve. the .application of John David Anderson
m. 37#✓to place an offshore stake with pulley line to onshore ' s_take at ,Mud
P �zyY Creek at the end of Sterling Road.
-- Vote of the. Board: Ayes: Horton,_ Harris, Hataier, Nickles,
Stoutenburgh
On motion made by Trustee Nickles, seconded by Trustee Harris,
it was
RESOLVED to approve the application of Henry P. Smith to
place a catwalk, ramp and float off private property of the
applicant at Town Creek subject to a further investigation to
determine if the dock is excessively far out into the creek.
-. Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
There was discussion on the application of Baldwin L. Humm who
has made application for an offshore mooring. when he also has an
application approved for a bulkhead. Mr. John Geideman said that
the sand is coming in around the bulkheads and that' s why . some
people have them in Gull Pond. As far as Mr. Humm is concerned,
his bulkhead will not be built until the end of the summer.
On motion made by Mr. Nickles, seconded by Mr. Stoutenburgh,
it was
375' RESOLVED to approve the application of Baldwin L. Humm to
l" place two 250 lb. mushroom moorings at Gull Pond in front of
1yy3 private property of the applicant. This is a temporary mooring
) ✓ which will be reviewed in one year.
Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
297
Mr. Robert K. Simon appeared before the board in answer to
a violation notice for placing a 'dock in front of private property
- at Richmond Creek. Mr. Simon will present the necessary application
to the Board together with a survey of the property locating the
dock as there is a question as to whose property it is on. He was
also given the addresses of the Army Corps of Engineers and the
Department of Environmental Conservation from whom he also needs
permits.
On motion made by Trustee Nickles, seconded by Trustee Hataier,
it was
RESOLVED to approve the application of Kathryn Robedee. to
dredge an area 70 by 90 feet -and remove approximately 700 cubic
yards of material in front of private property "of" the applicant
at Little Creek.
Trustee Stoutenburgh objected to the application on the
grounds that it was taking public property for private gain. He
felt that a 10 foot swath could be cut through rather than taking
a 70 foot" by 90' foot area. He feels this is wrong and will vote
against it.
President Horton wanted the record to show that at the last
meeting there was an application from Petroleum Combustion Inter-
national, Inc. for maintenance dredging in Mattituck Creek where
it had filled in in front of their property and they-needed to
dredge it. The motion for this approval was made by Trustee
Stoutenburgh
Trustee Stoutenburgh stated that the property of Petroleum
Combustion in Mattituck originally had ,a dock and the barges came
up to their dock. The material being removed here had been washed
in. This is in contrast to what is being discussed here. This
is private property facing town waters which is in its original
state.. It -is being changed from its original state to a channel
area and is not anything to do -with a, commercial enterprise such
as the ,one. in-Mattituck.
Trustee Nickles stated that this property in Little Creek is
on the west side of -Little Creek and had been dredged some-
.time-in the past " and because the prior owner did not.have the foresight
or whatever did not have this lot dredged. It was dredged. on
either side and all these people are asking to- do is what has been
done in the past. Trustee Nickles indicated that. he had asked
at the last meeting if this would be detrimental or beneficial and
had not received an answer. He stated the people along this area
feel it is beneficial to the community.
Trustee Stoutenburgh said he was involved in that dredging
project years ago and the people that owned that property did not
feel it should be done because they wanted ti to be a natural
area.
298
-President Horton -noted that the. property on the -north owned
by Mr. ,Robedee- has been dredged., The .property- to •the .south -of
the ,land of the applicant: has been dredged. lIt has been
dredged on both sides along there an.d' it i-s nothing new ,-for the
area.
Mr. Robedee said the main -reason he is dredging is not to
get the fill. That is incidental because the- fill -has to go .:s.ome-
where. It is a mud flat and no one wants to live on a mud flat.
Trustee Stoutenburgh still felt it would be sufficient to dredge
a 10 foot channel and remarked that he had bought the property'
in a creek .with' a mud flat on it.
Trustee Stoutenburgh still felt the trustees were being put
in a vulnerable .posi-tion .to which-.President Horton replied that
the trustees, ov.er' the .years have granted numerous permits -for
dredging and it has been brought -up on the uplands. It is not
new. He personally tries to consider an application- on its own
merits and not whether it was done in the past. He has looked
at this area 'as a whole. It has been dredged on both sides and
doesn't- blame Mr. . -Robedee for wanting it.
Vote of the Board: Ayes:: Horton, Harris, Hataier, Nickles
Nay: Stoutenburgh
Mrs-. Lorraine Terry appeared before the board to complain ; ..
about an area where dikes,-, are, being broken -down by boats being
dragged over them. She wanted to bring this matter to .the
attention of the .trustees. Trustee Harris will investigate the-
matter.
President Horton announced that all Suffolk. County Dept. -bf
Public Works are being postponed a year: because current money-
can't be 'used and the jobs have to be put out on bid. That
could take from six months to a year. , Trustee Stoutenburgh' said
that in 1977 the Suffolk County Dept. of Environmental .Conservation
wrote the' North Fork Environmental Council and asked for imput
about dredging: of creeks in Southold Town.. The-Council asked ,
that the creek* be dredged any time but May-,- June, and July.- He
said he checked Cedar .Beach and Mr•.- Latham-Is crane, was going
right into the. middle.. of a tern, colony..- He called, ,Mr.: Eisenschmied
and he didn't know anything about the, dredging.. It is probably
being done With private funds.
Trustee Stoutenburgh made a .motion that the Board of Southold
Town Trustees write to the Suffolk County Dept. of Public Works
asking them to inform the trustees two weeks- before- any dredging
is done in. the town. Trustee Harris seconded thee-motion and it
was carried.. A, copy ,of the letter is, to, be, sent ,to -Rudy Kammerer
and the Southold, Town Board.
299
Trustee Stou:tenburgh- made a motion to extend Permit #1236
for maintenance dredging at Cedar Beach Harbor Inlet until June ✓
7, 1979, at the request of the Suffolk County Department of Public
Works. Trustee Nickles seconded the motion and it was carried.
. E
Trustee Stoutenburgh made a motion to extend Permit #1239
for maintenance dredging at Brushes Creek until June 7, 1979 'at
the request 'of the Suffolk Coun.ty 'Departme' nt of- Public Works.
Trustee Nickles seconded the motion and it was carried.
Trustee Stoutenburgh made a motion to extend Permit #1237
for maintenance dredging at Corey Creek until June 7, 1979 at the
request of the Suffolk County Department of Public Works. Trustee
Nickles seconded` the motion and .it was carried.
Trustee- Stoutenburgh- made a motion to extend Permit #1238
for maintenance dredging at Halls Creek until June 7, 1979 at
the request of the Suffolk County Department of Public Works.
Trustee Nickles seconded the motion and it was carried.
The office has received copy -of permit from the Department
of Environmental Conservation and permit from the Army Corps of
Engineers issued. to the Leeton Drive Beach Association allowing
construction of seven groins and two wave deflectors on the shore ✓
of Long Island Sound north of Leeton Drive for erosion control
and beach :stabilization purposes. . .,There is no•permit necessary
from the 'Board. of Southold Town Trustees as this work isibeing ,
done in the Sound and is outside the- jurisdiction of- the board.
On motion made by Trustee Stoutenburgh, seconded by Trustee'
Nickles, it was
RESOLVED to approve the application of Earle 0. Dickerson
to place an offshore mooring in 'Mattituck Creek subject to !,', i 2 9 i
receipt of_ information as to what public access will be used
and in what manner he will reach the mooring.
Vote. of the Board: Ayes: Horton,' 'Harris, Hataier, Nickles,
Stoutenburgh
On motion made by Trustee Stoutenburgh, seconded by Trustee
Nickles, it was
r,S
--.,'RESOLVED Ao approve the application of_.Charles Brockner"to �� l )
place an offshore mooring in Mattituck Creek subject to receipt �
of information as to what public access will be used and in what
manner he will reach the mooring.
r
300
Vote of-;the Board: Ayes,:-- Horton, Harris-., Hataier," Nickles,
Stoutenburgh :
On motion made by Trustee. Hataier, seconded by Trustee
Stoutenburgh, it was
RESOLVED to .approve the. application. of Gregory` R-.� Runkel
/Y),-3 y9�-to place •an. offshore mooring_ at Mattituck Creek subject -to
clarification of. -access. -
Vote of the Board: Ayes:Horton, Harris, Hataier, Nickles,
Stoutenburgh
On motion made by Trustee Stoutenburgh,- ' seconded by Trustee
Harris, it was
RESOLVED to approve the application of Chester A. Berry, Jr.
311
to place 'an'offshore mooring at-`Goose Creek off. ,private property,
l y 9 with permission of les.see,,.- subject. to the mooring- consisting-'of
a 50 lb: mushroom--anchorr" :rather than .a cement'b-lock
Vote. of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
Oncmotion,-made by Trustee Hataieri,' seconded by Trustee,--Harris,
it was
,.RESOLVED to -approve the, application.of Edward,,.L.. Hoffman
�g to place an- offshore.^ stake with pulley line to. on.shore•:stake at
y�,395 Arshamomaque-:Pond off private property•=with the• permissiori' of
y the owner.
Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
On motion -made by .Trustee.:-Stoutenburgh, •seconded' by- Trustee
Hataier,- it was
RESOLVED to approve the application of Edward H. Schwiebert
31 to place an offshore stake with pulley line to--cleat on •bulkhead
at Arshamomaque Pond off private property of the applicant.. `
� Vote of the Board: Ayes: -Horton, Harris, Hataier, Nickles,
Stoutenburgh
On .motion''made by Trustee 'Harris, seconded by Trustee Nickles,
it was - .
301
RESOLVED to approve the . application of Bill Tinyes for
permission to use Town Stake #9 at Sterling Creek. ,
Vote of 'the Board: Ayes: Horton, Harris, Hataier-, Nickles,
Stoutenburgh : ....
On -motion made' by-"Trustee Harris, 'seconded by.,.Trustee Nickles,
it was
'RESOLVED to 'approve the application of DavidB. 'Horton for
permission to use Town Stake #3 at Sterling Creek. /� /z 9 9 -
Vote of. the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh. .
On 'motion. made by Trustee. Harris, 'seconded by Trustee Nickles,
'it was „
RESOLVED to approve the application of Harry Mott for
permission to' use Town Stake #1 at Sterling Creek.
Vote of the Board: Ayes: ..Horton, Harris, Hataier, Nickles,
Stoutenburgh
The stakes in Sterling Creek- are to be put in by- the applicant
and spaced about ten to twelve feet apart.
On motion made by Trustee Stoutenburgh, seconded by Trustee
Harris, it was , J
RESOLVED `to approve the application' of Edward H. King 'to place
an offshore stake with pulley line to onshore stake at Orient �� 3
off private property with the permission of the owner.
Vote" of the Board: Ayes.: Horton, Harris, Hataier, Nickles,
Stoutenburgh ,:...
On" motion made by Trustee Hataier; seconded..by-Trustee Harris,
it was
RESOLVED "to grant the request - of Paul GO 'Edwards to relocate ✓
offshore mooring at James Creek off private property of the
applicant.
Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
302
On motion .made by ,Trustee. .Stoutenburgh, .seconded by. Trustee
Harris, it was _ .
RESOLVED .that .upon; request of.,the, Southold_.Town. Board, ;.the
Board of Southold Town `Trustees hereby close Mill Creek
(Arshamomaque Pond) and Hallock' s Bay (Pete' s Neck) for a
period of thirty days, exact dates. to be determined by the
Town Board, for the purpose of transplanting 600 bushel of
polluted clams, all with .the- approval of. -the Southold Town.
Baymen' s Association.
Vote of .the .Board: ,Ayps:. .Horton,, Harris,_Hataier, ,,Nickles,
Stoutenburgh
On -motion made by Trustee Hataier, seconded by Trustee
Stoutenburgh, it was
, : ESOLVED; to approve, the application of. Jean Lohn to-.repair
and replace existing bulkhead off private property 'of the :
applicant at Corey Creek.
Vote-of the-'Board: Ayes'':=..Hbrrton, Harris;. Hata :er;,;.Nickles,.
Stoutenburgh.
On motion made by Trustee;,.Harris, seconded by Trustee Nickles,
it was
gl� RESOLVED to approve 'the .app1 catioon,.of Stephen. Murdocklto..
3 place an offshore stake with pulley line to onshore stake off
l��' p ► public right-of-way at Little Creek with the condition that
/ 3 ✓ it be place no more than fifteen feet from high water mark on
' the southerly side. .of_the._-_public right-of-way ,.allowing, .room for
boats to--be launched.
Vote,. of,.,the Board: Ayes:.:_Horton,. Harris.,, Hataier, -Nickles,
Stoutenburgh:. i .
On 'iiiotion made by-Trustee Hataier; seconded Jby- Prresiden.t,r
Horton, .it was _
/ RESOLVED to approve the application of Charles Berner to
J place ,a dock. off..private ,property,.of the e applicant..at ,Mape !.s
Creek branch of Mattituck Creek.
.vote, .of.:.the, Board:, Ayes:. Horton,, Harris.,. Hataier,-:Nickles,
Stoutenburh }
303
On motion 'made by .Trustee Harris, seconded by Trustee Hataier,
it was
RESOLVED that a letter be sent. to all permit holders in the
Narrow River Road area advising them to place mooring number on
stake or-placque attached to stake . in numbers three inches 'high. ✓
Noncompliance with this request will result in cancellation of
permits. to take effect thirty days from date of notice.
Vote of the Board: Ayes: Horton, Harris, Hataier, Nickles,
Stoutenburgh
On motion made by Trustee-Stoutenburgh, seconded by Trustee
Harris, it was
RESOLVED thatthe secretary of the Board of Southold 'Town
Trustees be -directed to progress wes.terly 'as time permits informing
all permit.-holders in.the Town of. Southold .that mooring numbers
must be placed on . stake or. mooring. .in' numbers three inches high.
Noncompliance will result in cancellation of permits to take effect
thirty days from date of notice. ". The Bay Constable, William Januick,
and the newspapers are to be contacted regarding this.
Vote -of the Board: Ayes: Horton!, 'Harris Hatai'er, -Nickles';'
Stoutenburgh:
A letter is to be written to the people on the waiting' list
for moorings at Narrow River informing'-them that the trustees
expect some moorings will be available in the area and asking them
if they are still interested. Some of these will be in the marsh-
land.
A letter .has "been received from Nicholas J. Kauffman as agent
for Howard Petersen in which. he asks to be provided with a copy
of the ' laws and regulations which govern the request of the
Board of Southold Town Trustees to the Army Corps of Engineers
to rescind its permit to Howard Petersen.
Trustee Stoutenburgh made a motion, seconded by Trustee
Harris and carried that ,a - letter"be written to Mr. Kauffman and
a copy of the section of the Code of the Town of Southold which
pertains to this matter be enclosed. A copy of this letter is
to be sent to Francis J. Yakaboski, Esq. , for his approval.
Trustee Stoutenburgh made a motion, seconded by Trustee
Harris and carried that a letter be written to the Army Corps
of Engineers informing them that the Board of Southold Town 'I
Trustees is concerned about a navigational hazard at Mattituck
Creek caused by the placing of pilings by Howard Petersen. This
is also to be cleared with Francis J. Yakaboski, Esq. , before
being mailed.
304.
J.i A letter..has been,:received. which .was. addressed. to -]the
Army Corps of Engineers and signed by Marie B. Johnson, - President
of the League of Women Voters of Riverhead/Southold. The letter
was in regard to six public notices for permits being applied
for after•.'the work-has already been accomplished. _The League .
objects. to this procedure for various.;reasons.
Trustee Stoutenburgh made . a motion'that a letter. be written
to the-Army Corps of Engineers supporting the position of the
League .of Women`Voters of- Riverhead/Southold-.and indicating"that
the Board agrees with the general concept of the letter. -. It was
the unanimous ,consensus of- the Board that it agreed with Trustee
Stoutenburgh' s motion but it was'mot made an official action.
Trustee Stoutenburgh made a motion that the Board of Southold
/Town Trustees would like to support the concept- of a part-time
summer_:p.atrolman in.;-Mattituck-.Cr-.eek, because of its .large .transient-
population and ,-it being::the largest creek in- Southold Town:
Trustee :Nickles ,seco'nded the motion..and..it _was .carried..
A letter has been received from Lorraine Dunhuber complaining
about_a ,snow fence,being. placed___in _the water : n.._the ..creek. .'A
letter is to be written Ms. Dunhuber informing her that-:the. -:'snow
,/fence has been removed from the creek and the Board i-P contacting
the Simonsens to tell them not=<to place anything below the high-
water mark in the town waters. Trustee Hataier will contact the
Simonsens c
The next regular meeting of the Board of Southold Town
Trustees will be held July 5, 1978.
Motion was made by Trustee Harris, seconded by Trustee
Hataier and carried -to adjourn, the..meeting. . Meeting adjourned
at 10:50, p.m:.
Respectfully submitted:;'.. .,_:
_ : . , Muriel 'Brush,' Clerk