HomeMy WebLinkAboutTR-12/17/2003 Albert J.Krupski, President 0�� C�� Town Hall
`Z O
James King,Vice-President h y� 53095 Route 25
Artie Foster co : P.O.Box 1179
Ken Poliwoda Z Southold,New York 11971-0959
Peggy A.Dickerson �,fi� Telephone(631) 765-1892
Oj �a Fax(631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
Wednesday, December 17, 2003
7:00 PM
Present were: Albert J. Krupski, Jr., President
James King, Vice-President
Artie Foster, Trustee
Kenneth Poliwoda, Trustee
Peggy Dickerson, Trustee
E. Brownell Johnston, Esq. —Assistant Town Attorney for Trustees
Lauren Standish, Secretarial Assistant
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Monday, January 19, 2004 at 8:00 AM
TRUSTEE KING moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES
NEXT TRUSTEE MEETING: Wednesday, January 21, 2004 at 7:00 PM
WORKSESSION: 6:00 PM
TRUSTEE KING moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES
APPROVE MINUTES: Approve Minutes of November 19, 2003.
TRUSTEE DICKERSON moved to Approve, TRUSTEE FOSTER seconded. ALL AYES
I. MONTHLY REPORT: The Trustees monthly report for November 2003. A
check for $5,719.36 was forwarded to the Supervisor's Office for the General
Fund.
II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin
Board for review.
2
III. APPLICATIONS FORAMEN DMENTSMAIVERS/CHANGES:
1. Garrett A. Strang, R.A. on behalf of NANCY CARROLL requests a One-Year
Extension to Permit#5481. Permit is to modify and reconstruct the existing deck
with a new configuration, increasing the setback from the existing bulkhead, to
construct a second-floor addition over the existing dwelling, and for an addition of
a new garage on the northeast corner of the premises. Located: 350 West Lake
Dr., Southold. SCTM#90-1-21
TRUSTEE KRUPSKI: Does the Board have any comment?
TRUSTEE KING: Nothing has changed. It's just a simple extension.
TRUSTEE KRUPSKI: I'll make a motion to Approve the One-Year Extension.
TRUSTEE KING: Seconded. ALL AYES
2. Richard MacMurray on behalf of CROSS SOUND FERRY SERVICES, INC.
requests a One-Year Extension to Permit#5408 to complete the work required
under permit. Located: Route 25, Orient. SCTM#15-9-15.1
TRUSTEE FOSTER: I looked at this and it is substantially underway. I don't
know what they want the extension for. I would say there is no problem. I'll make
that motion.
TRUSTEE POLIWODA: Seconded. ALL AYES
3. STEVEN T. &ANDREA KOLYER request a Transfer of Permit #5672 from
Helen Didrikson to Steven T. & Andrea Kolyer to construct a fixed dock, ramp,
and float. Located: Robinson Rd., Southold. SCTM#81-1-9&10
TRUSTEE POLIWODA: We approved the original application so I don't see how
we could deny it right now. I'll make a motion to Approve it.
TRUSTEE POLIWODA: Seconded. ALL AYES
4. PETER COSOLA requests an Amendment to Permit#5798 to add a 3'X 30'
extension to the front of the house based on the footprint of the previously
granted permit. Note: application to install a new septic system has been
withdrawn. Located: 2880 Minnehaha Blvd., Southold. SCTM#87-3-43
TRUSTEE DICKERSON: Did anyone see this?
TRUSTEE KRUPSKI: Wasn't there some sort of a controversy over this?
LAUREN STANDISH: It was Tabled last month because of the septic system, but
he withdrew that request.
TRUSTEE KRUPSKI: Okay.
TRUSTEE DICKERSON: The CAC recommends Approval. Does anyone else
have any comment?
TRUSTEE FOSTER: What's the disposition of the septic system. Is it just
withdrawn or is it going to be applied for in another location?
TRUSTEE DICKERSON: It's just withdrawn.
TRUSTEE KRUPSKI: Do they show drywells?
TRUSTEE DICKERSON: It's a wetland permit to construct a second-story
addition to the existing dwelling with the condition gutters and drywells are
installed to contain the roof run-off and silt fence.
3
TRUSTEE KRUPSKI: Is there a stamped plan in there that shows the gutters and
drywells?
TRUSTEE DICKERSON: Yes, October 9, 2003.
TRUSTEE KRUPSKI: Okay, good.
TRUSTEE DICKERSON: I'll make a motion to Approve.
TRUSTEE KING: Seconded. ALL AYES
5. BARBARA A. BRUNJES requests an Amendment to Permit#5194 to remove
and reconstruct in same location 70' of existing bulkhead. Located: 975
Arshamomaque Ave., Southold. SCTM#66-3-5
TRUSTEE KRUPSKI: What is the amendment?
TRUSTEE POLIWODA: It has a bow in it. I was just concerned with the bow, and
maybe they should pull it back and make it in-line with the neighbors' when they
do the work.
TRUSTEE KING: Why are they amending it?
TRUSTEE KRUPSKI: Right.
TRUSTEE POLIWODA: It was something like 14'X 14' also. Maybe that was the
addition.
JOHN HOCKER: Kenny, if you need any in-sight on that, I did the work.
TRUSTEE POLIWODA: Okay.
TRUSTEE KRUPSKI: What is the amendment for?
JOHN HOCKER: She had originally gotten permits...actually her DEC permit
allows for replacing the entire bulkhead. The original permit you gave her is for
the 14'X 14'jog, which has been replaced. At the time, she didn't have the
money and she didn't think the rest of the wall was a big enough problem to do
the rest of it. She would like to replace the rest of the wall. It's not 70', it's about
55'.
TRUSTEE KRUPSKI: Can you straighten that belly out when you do it?
JOHN HOCKER: What belly are you referring to?
TRUSTEE KRUPSKI: It shows as a straight line on the drawing but Ken
inspected it and saw there was a belly in it.
TRUSTEE POLIWODA: It was in the 14'X 14' area. (talking) The two neighbors
are tied into together. It might be part of the neighbor's wall because it seems
like there is more than 55'.
JOHN HOCKER: (inaudible)...it will be straight.
TRUSTEE KING: I'll make a motion to Approve the amendment.
TRUSTEE DICKERSON: Seconded. ALL AYES
6. Mark K. Schwartz, AIA on behalf of AGNES S. COMBS requests an Amendment
to Permit #5646 for the proposed additions and alterations to the existing single-
family dwelling. Located: 6525 Indian Neck Lane, Peconic. SCTM#86-6-24
TRUSTEE KRUPSKI: The original permit was for a complete reconstruction. The
original permit was October 16, 2002 to remove the existing dwelling and
construct a new dwelling, etc. and this, I believe, is just to amend that to add onto
what would be south side, the landward side of that.
TRUSTEE DICKERSON: It's very minor compared to what it was.
4
TRUSTEE KRUPSKI: I just want to look and make sure we included drywells. I'll
make a motion to Approve the amendment with the Condition that drywells and
gutters be added to contain the roof run-off and then...how is the DEC permit
written? Do you need a silt fence or a barrier, or hay bales?
MARK SCHWARTZ: We don't have a permit from DEC yet. We applied.
TRUSTEE KRUPSKI: Okay, I guess a row of staked hay bales near the top of
the bank during construction.
TRUSTEE POLIWODA: With the amendment, where is the septic system in
relation to the wetlands?
TRUSTEE KRUPSKI: Good question.
MARK SCHWARTZ: To the south of the house.
TRUSTEE KRUPSKI: It's more than 100'. You can just draw it in on one of the
copies we have here.
TRUSTEE POLIWODA: Seconded. ALL AYES
7. Proper-T Permit Services, Inc. on behalf of GREGORY MAZZANOBILE requests
an Amendment to Permit #5631 to allow the new proposed location of the
sewage disposal system and the necessary fill and retaining wall. Located: 1460
Lake Dr., Southold. SCTM#59-1-21.6&21.7
TRUSTEE KRUPSKI: Did you see that memo in there Artie?
TRUSTEE FOSTER: No.
TRUSTEE KRUPSKI: It's a memo from Mark Terry.
TRUSTEE FOSTER: Oh, I met Mark out there on site. Do you want me to read
this?
TRUSTEE KRUPSKI: Yes.
TRUSTEE FOSTER: As we discussed, 1 had a telephone conversation 11119103
with Greg Mazzanobile regarding the setback to the septic system. Mr.
Mazzanobile questioned my recommendation that the setbacks be set to the
maximum extent possible. 1 explained to Mr. Mazzanobile that the community he
has chosen to build within is adjacent to and most likely within; is in a rare
community and that all mitigative measures to reduce impacts, habitat loss,
erosion, water quality impacts, and so forth will be taken. Mr. Mazzanobile
acknowledged that he was aware that the community is unique. He proceeded to
explain his situation with the neighbor's well. The well location is unknown and
therefore in an attempt to meet SCDOH standards, has requested that the
Trustees decrease the setbacks to the wetlands. I explained to him that the
Trustees have already compromised the setbacks and the distance to the well is
solely under SCDOH jurisdiction and a Board of Appeals variance from that
department should be sought. He agreed. 1 pointed out to him that he already
holds a valid permit for the septic system in the front yard from the Trustees and
based upon the sensitive nature of the community, it would be difficult to justify a
decrease in setbacks. The house could be resized or re-orientated. He indicated
that he would pursue the SCDOH route. Based on such, 1 would recommend that
the Trustees not produce an impact assessment report for the septic system at
this time. I would recommend that the Trustees issue a letter to the agent
referencing this telephone conversation and verifying the intent of the applicant.
5
TRUSTEE KRUPSKI: I read that and I didn't see why it was the Town's
responsibility to make contact between the applicant and his agent. So, I didn't
respond as Mr. Terry suggested that we respond.
TRUSTEE FOSTER: The Health Dept.?
TRUSTEE KRUPSKI: No, he suggested the Trustees issue a letter to the agent
referencing this telephone conversation verifying...
E. BROWNELL JOHNSTON: His own agent.
TRUSTEE FOSTER: Oh, I'm sorry.
TRUSTEE KRUPSKI: I thought the applicant should be responsible.
TRUSTEE FOSTER: Well the Board's position is, if I understand it correctly, in
meeting with Mark Terry and discussing it as we had, that it was our position that
we were going to deny the amendment because he has a permit from our agency
already to place a septic system there.
TRUSTEE KRUPSKI: But we really wanted something from a professional
stating the reasons why it was denied.
TRUSTEE FOSTER: Okay, I understand.
TRUSTEE KRUPSKI: I don't know if Mr. Fitzgerald has any comments on this
matter.
JIM FITZGERALD: I didn't hear a word either of you said. So, I'm kind of at a
disadvantage.
TRUSTEE FOSTER: Did you hear the letter?
TRUSTEE KRUPSKI: Can everyone else hear us?
AUDIENCE: We hear you fine.
JIM FITZGERALD: First of all, I would like to indicate that Mr. Mazzanobile was
not agreeing with Mr. Terry to eliminating our application for an amendment. He
was having a telephone conversation with him and I would like for us to do our
business here instead of the two of them on the telephone. Secondly, with
regard to Mark Terry's report, I assume you are all familiar with the Natural
Heritage Manual and where all that stuff came from that he's talking about. No?
The Natural Heritage Manual, which is a thing issued by the DEC in 1990, has a
so-called double filter method for selecting a particular community in this case,
and you go to letter "A" and it says is it, and I'm just making things up, is it wet or
is it dry? If it's dry, you go to "B" and if it's wet you go to "C" and then there are
two more choices there and it keeps going further and further down, until you
finally get to a point where you look up in the manual a list of descriptions of a
number of different communities and you pick out the one that looks right. The
one that includes the community that he has indicated has a global significance
of four or five "G" and a state significance of two, indicates that it must be wet soil
and they must be populated mainly by hydrophobic plants. Now, I don't think
anybody has looked at that soil. I don't think it was looked at which regard to the
inspection. I don't think he's chosen the proper community and therefore I don't
think that the S2 designation for the state values, state ranking, is valid. It might
be the same number but, as I said, I think he's got the wrong community. The
Corp. of Engineers in their wetland delineation manual indicates that there are
three categories of indicators; vegetation, the soil, and the hydrology. As far as I
know, the only thing that we heard anything about was cranberries. The mere
6
presence of a cranberry bush does not a wetland make, in my humble opinion.
So, I think what I'm saying is that the Trustees are protectors of our wetlands and
not just our cranberries and I think you ought to take that into account. I think
also that the fact that the sanitary system we are proposing now is 50' from the
edge of the wetland, which I'm sure Kenny is not thrilled about, or Peggy, but I
think it's far enough away so that it would be difficult for us together, the Trustees
and Jim Fitzgerald, to figure out what would be the adverse affect on that
wetland, if indeed it is a wetlands, if the septic system were put where we're
proposing it. Do you think it would die? Would the cranberry bush die? I don't
think so. That's why I don't understand the concept of protecting it by staying
away from it because your mandate includes regulating the use of our wetlands
for recreation, aesthetic appeal, commerce, and things like that, not just
conservation. Conservation is one of the items in the paragraph that describes
the Trustees activities. So, the last thing is that if we move the septic system
further away from the wetlands, where I don't think it's going to have any adverse
affect on the wetlands, we're moving it closer to somebody's lawn, and I think the
chances of there being an adverse affect there are greater. What I'm suggesting
is, it would really be a good idea to approve the amendment.
TRUSTEE KRUPSKI: Let me�ust read the letter that Mark Terry sent to us that
we received on November 18t .
JIM FITZGERALD: If you're reading it for my benefit, I have a copy of it.
TRUSTEE KRUPSKI: No. (Trustee Krupski read letter dated November 18, 2003
in file.)
JIM FITZGERALD: I have a point with regard to the letter. I'm going to read what
one of the lines that's in the letter, and then I'm going to read where the quotation
came from. This had to do with the state ranks. S2-typically 6 to 20 occurrences,
few remaining individuals, acres or miles of stream, with factors demonstrably
making it very vulnerable in New York State. The quotation in the manual is
"typically 6 to 20 occurrences, few remaining individuals, acres or miles of
stream, or very vulnerable to extirpation in New York State for other reasons".
They are different. Or for other reasons is a separate and unspecified magical
category. One of the points that you ought to take into account is these rankings
in the manual are based upon New York State. This community would be very
rare to a person who lived in Buffalo, or Albany. There is a lot of New York State
other than where we are so that the rarity of this particular community is spread
out all other the entire state, and ends up with an S2 rating. So again, what I'm
suggesting is that I don't think he has any reason to say it is locally rare, or
whatever the words are. I don't that's so, or I don't think he has any basis for
making that statement. That's all. Thank you.
TRUSTEE KRUPSKI: Does the Board have any comment on this?
TRUSTEE POLIWODA: My comment is, I denied the original permit application
so I don't see any reason why I would change my stance on this project and
approve the amendment.
JIM FITZGERALD: Would anybody on the Board be comfortable telling me what
they think would happen to that small area of wetland, that cranberry bush, if we
put that septic system 50' away from it? What would happen to it? Would it die?
7
Would it get sick, turn yellow, stop giving cranberries? That's what I don't
understand. I agree that you should protect the wetlands but I don't think
requiring that the distance between the septic system, and in this particular case,
this wetlands, is going to afford any more protection than putting it 100' away.
TRUSTEE FOSTER: Well let me ask you something now. What do you think the
difference between putting that septic system 75' from that neighbor's well as
opposed to 100'?
JIM FITZGERALD: Personally, I don't think there would be any difference at all.
TRUSTEE FOSTER: Then how come it can't be done?
JIM FITZGERALD: It can be done. If you deny this amendment, it will be done.
But, when you deny the amendment I would like to know what the reason is. Not
just for this.
TRUSTEE KRUPSKI: Well our concern here is...if we make a decision on this
tonight, the decision is going to be based specifically on this site, and not
referencing any other site. This is a very unusual site and I don't want to say,
we'll we think the setback should be here and then it should be the same
everywhere. I want to address what Artie just said. You said, well what's the
difference between...or you think this septic system is going to impact the
neighbor's well more than the cranberry bog, but I don't understand...what do
you base that on?
JIM FITZGERALD: What do I base what on?
TRUSTEE KRUPSKI: You said you thought the septic system is going to affect
the neighbor's well more than the cranberry bog.
JIM FITZGERALD: Based upon not anything that I am familiar with, other than
the fact that the Health Dept. gets very itchy about things like that and I would
think that the Trustees would, but on the other hand, it's not your thing, the
neighbor's well. I would think given a choice between putting a septic system
closer to a well and closer to a wetlands area, that most people would chose to
put it closer to the wetland area, if it's not going to harm it. I have a septic
system on my property that's been 60' away from the well for 20 years and I'm
more or less okay, as a result. So, I don't think it's a significant thing.
TRUSTEE DICKERSON: I think we should go with what our Environmental
Consultant is saying. We've got Mark Terry's rational behind the denial.
TRUSTEE FOSTER: When we request the opinion of a qualified person and you
don't accept it, that ought to tell you something. That's why we asked for it.
TRUSTEE KRUPSKI: Make the motion.
TRUSTEE FOSTER: Any further discussion on this application for an
amendment? I'll make a motion to Deny the amendment.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE KRUPSKI: Give a few reasons why.
TRUSTEE FOSTER: Well the Board discussed this and the reasons we decided
to Deny this was because of all the things you've heard tonight. We had an
environmental consultant look at it, made his recommendation, and we did
approve the septic system in the originally requested position. At that particular
time it met all of our criteria and it was Denied because the amendment wanted
to move it closer, which was going to infringe on our rules and regulations and
8
we decided not to allow that. They have to make an application to the Board of
Review for the Health Dept. I did speak with the owner of the property who has
the well on it and he's not opposed to having his well moved if somebody wants
to pay for it or even hook up to public water. He said he would be acceptable to
that.
JIM FITZGERALD: Which neighbor was that Artie?
TRUSTEE FOSTER: There is one well involved that's too close to the septic
system. That man was in the office one day when I was in there and wanted to
know the disposition of this and I'm not sure if the gentleman is here tonight. I
don't see him here. But, he was not opposed to hooking up to public water, as
long as he didn't have to pay for it. He just spent $3,000 plus dollars having that
well put in there not long ago and didn't feel he should have to sacrifice that
money and then have to pay for public water.
8. En-Consultants, Inc. on behalf of SANDRA & FRANK CURRAN requests an
Amendment to Permit #4666 to install a 3'X 12' double-hinged ramp and 5'X 12'
low-profile kayak float off existing fixed dock. (No pilings to be installed.) Located:
560 Fisherman's Beach Rd., Cutchogue. SCTM#111-1-16
MORATORIUM
TRUSTEE DICKERSON moved to go off the Regular Meeting and onto the Public
Hearings, TRUSTEE FOSTER seconded. ALL AYES
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF
THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION
FROM THE TRAVELER WATCHMAN. PERTINENT CORRESPONDENCE
MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF.
FIVE (5) MINUTES OR LESS IF POSSIBLE
1. PETER'S NECK ASSOCIATION requests a Wetland Permit to replace, in-kind,
approx. 560 linear ft. of old and decayed wood bulkheading on both sides, on a
raised access road. Fill on each side of roadway to be removed, stored on site,
then re-installed. Located: Peter's Neck Rd., Orient. SCTM#32-1-3
TRUSTEE FOSTER: Is there anybody to speak in reference to this application?
RITCHIE LATHAM: I'm Ritchie Latham for the Peter's Neck Association. It's all a
family compound there and mostly old people, real old people, like me, and we
need the access road. It's the only access we have to get out and in, for
emergency trucks and everything. I think we made a slight error. It's 540'. 1
9
made the error. It's a little less. Other than that, I think you've seen it and I think
we've done everything we were supposed to do and we just await your pleasure.
TRUSTEE KRUPSKI: We asked to plans and we received a cross-section, which
is in the file.
TRUSTEE FOSTER: I think it was the general feeling of the Board...we all
looked at this and felt that the method in which it was going to be done, as well
as the project itself, was something that we agreed upon. Do we all agree with
that?
TRUSTEE POLIWODA: I agree with that statement. I just appreciate the low-
profileness of the project.
RITCHIE LATHAM: Well we're going to replace it in exactly the same place.
TRUSTEE POLIWODA: It would be the same height.
RITCHIE LATHAM: It would be the same height. We're not going to change
anything.
TRUSTEE POLIWODA: That's fine then.
RITCHIE LATHAM: All the work would be done from the roadway. We won't go in
the meadows or in the water. It would be done right on the road.
TRUSTEE POLIWODA: Okay.
RITCHIE LATHAM: We're hoping not to disturb anything at all. The less the
disturbance the better, for us.
TRUSTEE FOSTER: Any other Board comments? Any public comments? I'll
make a motion to close the hearing.
TRUSTEE DICKERSON: Seconded. ALL AYES
TRUSTEE FOSTER: I'll make a motion to Approve the application.
TRUSTEE KING: Seconded. ALL AYES
2. JOSEPH P. ULRICH, DOROTHY C. ULRICH & SUSAN B. ULRICH request a
Wetland Permit to construct a second-floor addition to the existing single-family
dwelling. Located: 2345 Mill Creek Dr., Southold. SCTM#51-6-39
TRUSTEE POLIWODA: Is there anyone who would like to comment on this
application?
PHIL ULRICH: I am Dorothy and Joseph's son. This is my sister Susan.
TRUSTEE POLIWODA: Would you like to comment?
PHIL ULRICH: We wish to install a dormer on the second floor of the existing
attic location, just so we could have some additional living space in the house.
The footprint of the house is unchanged as this is a second-floor.
TRUSTEE POLIWODA: Any other public comments? As for Board comments, I
visited the site and I found this to be very minor in nature, as stated. It doesn't
change the footprint. It's just a simple dormer with no environmental impact.
With that, I'll make a motion to close the public hearing.
TRUSTEE DICKRESON: Seconded. ALL AYES
TRUSTEE POLIWODA: I'll make a motion to Approve the application to construct
a second-floor addition.
TRUSTEE KING: Seconded. ALL AYES
10
3. HENRY HUECKER requests a Wetland Permit to expand the existing cesspool
system landward of the existing system. Located: 3300 Deep Hole Dr.,
Mattituck. SCTM#115-17-12
POSTPONED UNTIL FURTHER NOTICE AS PER THE APPLICANT'S
REQUEST
4. JOHN HURTADO, JR. requests a Wetland Permit and Coastal Erosion Permit to
re-shingle the roof, replace wood siding with new wood siding, replace windows
and re-build bluff stairs. Located: 19725 Soundview Ave., Southold. SCTM#51-
4-1
TRUSTEE DICKERSON: Is there anyone here who would like to speak to this?
CHUCK BOWMAN: I'm from Land Use Ecological Services representing John
Hurtado, Jr. This is a simple application. Under Article 34, the Coastal Erosion
Hazard regulations, the reconstruction, or maintenance of a dwelling is certainly
a permitted activity. The dwelling is not going to be expanded. New roof, new
siding, new windows, and other renovation type work. Mr. Hurtado is here to
answer any question and I'd be happy to answer them as well.
TRUSTEE DICKERSON: Are there any other comments from the public? Any
comments from the Board?
CHUCK BOWMAN: Mr. Hurtado is here.
E. BROWNELL JOHNSTON: For the record, would he indicate that you're
authorized to speak?
CHUCK BOWMAN: I'm sure he will.
JOHN HURTADO: I'm John Hurtado, Jr. That's fine.
TRUSTEE DICKERSON: The CAC recommends Approval of the application with
the Stipulation that the stairs are rebuilt in-kind and with no treated lumber. Do
you have a problem with that?
CHUCK BOWMAN: None whatsoever.
TRUSTEE KRUPSKI: It looked pretty straight-forward to me.
TRUSTEE DICKERSON: I'll make a motion to close the hearing.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE DICKERSON: I'll make a motion to Approve the application.
TRUSTEE POLIWODA: Seconded. ALL AYES
5. Land Use Ecological Services, Inc. on behalf of JOHN HURTADO, JR. requests
a Wetland Permit to cut and remove existing vines that are killing mature trees,
remove dead or diseased shrubs, and non-native species, in order to improve the
health of the vegetation located within the buffer area. Located: 2670 Grand
View Dr., Orient. SCTM#14-2-3.6
TRUSTEE KING: Is there anyone here that wishes to comment on this
application?
CHUCK BOWMAN: This application, and the subdivision, certainly most properly
requested that a buffer be established at the top of the bluff. The purposes of
buffers are generally to keep intrusion to the bluff edge to keep fertilizers from
running down the bank and to prevent erosion to the bluff itself. In the case of the
vegetation within this bluff, there are certainly a lot of native plants and trees,
11
however, there are some evasive species that are adversely affecting especially
some of the mature trees, Virginia Creeper primarily, and Bittersweet. With very
close supervision, because I know the Board probably has concerns on how this
is done, and it would only be under close supervision, the vines would be cut,
some of the non-natives, there's privet in there, there's a few other species,
would be removed by hand. There would be no mechanical equipment, no
bulldozers, if you will, and it would be just some pruning of dead trees, removing
the vines, removing some of the non-natives, and that way, and if you look at the
project description, there is a type-o on it. It says it would increase the
"greenhouse", and it should be "greater light penetration". But, you would get
more light coming into the under-story, which is actually going to end up being a
healthier under-story at that point. So, if the Board has any questions on how it
would be done, I would just like to re-iterate it would be under strict supervision. I
had already talked to John about actually getting an arborist or myself and we
could go in and actually mark and supervise the work that was going to be done
there so we wouldn't have a problem.
TRUSTEE FOSTER: So, you're going to supervise it?
CHUCK BOWMAN: Either myself or a qualified arborist would have to supervise
it. I have no problem doing it. John and I work together all the time. Specifically,
we're going to pick the trees, take them out by hand, prune this dead limb off
here...it's going to be that selective. In fact, I think you're going to end up with a
better buffer.
TRUSTEE KING: Any other comments? The Conservation Advisory,Council
recommended Approval with the Stipulation that non-turf zones be maintained
and no mature trees are to be removed.
CHUCK BOWMAN: I can just tell you from my own experience, it has to be
supervised. That's when you get into trouble because then the guys from the
landscaping company go out there with chainsaws and that's a problem. But, if
it's done properly with hand tools, we're going to end up with a better buffer. I'm
sure that would be a condition of the permit.
TRUSTEE KING: Any other comments or comments from the Board?
TRUSTEE KRUPSKI: We always rail about the integrity of the buffers and
whatnot, and normally the buffers on a creek, where you're really buffering the
human habitation with the habitat of the native species of the plants and animals
that live there, and it's a buffer to the wetland itself. In this case, the top of the
bluff, and we scaled it off, it was about 100' from the high water mark and so the
buffer here isn't really a wetland issue, because I believe, technically, it's non-
jurisdiction as far as wetlands. The buffer here is more of a coastal erosion issue
and so this is completely different than any kind of a buffer that we address on
the creeks or the wetlands, whether it is freshwater or inter-tidal. So, in this case,
when we first went out, we looked at this buffer, I know I did, as a buffer to the
wetland inter-tidal of freshwater wetland area, which this really isn't and as long
as the pruning, and obviously it's pruning for a view, as long as that pruning is
done selectively so as not to damage the integrity of the bluff, then it would
satisfy both needs, one, maintaining the bluff, and two, providing a view.
12
CHUCK BOWMAN: You have to understand the topography goes up from the
house up to the bluff so we don't have a drainage problem. It's all going the other
way and I really do believe that with the selective pruning, you're going to get a
better under-story and you're going to get a better habitat. You're going to get rid
of some of these invasive species and it's pretty innocuous. You're actually going
to add to the stability of the bluff by promoting better root growth.
TRUSTEE KING: I'll make a motion to close the hearing.
TRUSTEE FOSTER: Seconded. ALL AYES
TRUSTEE KING: I'll make a motion to Approve the application with the
Stipulation that all the trimming is done by hand, no machinery in there, and it's
monitored so it's done correctly.
TRUSTEE KRUPSKI: We'll we can put in for one inspection at the end. Do you
want to put a time limit on this?
CHUCK BOWMAN: Well it should be done during the dormant season.
TRUSTEE KRUPSKI: Say now until April Vt?
CHUCK BOWMAN: April 1st is great.
E. BROWNELL JOHNSTON: An inspection on April 1st?
CHUCK BOWMAN: That's fine.
TRUSTEE DICKERSON: Seconded. ALL AYES
6. Jonathan S. Foster, AIA on behalf of SANDRA SCHPOONT requests a Wetland
Permit to construct a second-floor addition to the existing single-family dwelling.
Located: 630 Ruch Lane, Southold. SCTM#52-2-26
TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of
the application?
JONATHAN FOSTER: What we've proposed is a one and a half story house
where there is now a presently a one-story house. A half story means that the
roof starts exactly where the roof starts now with a one-story house and it comes
up so you don't have a whole second-story of vertical walls going up. The house .
is about between 23' and 24' tall and we've taken some pictures of other houses
on the street. This house is probably about 32'. This is a one and a half story
house at 24'. This house right next door is about 20'. It's sort of a one and a
quarter and at the end of the street there is a 30' house and a 25' house, nearby
also. These houses are on a street where basically they were cottages and
cottages were near each other and they are all being upgraded. Almost'every
one of these houses has been upgraded or started out to be a taller house. So,
the idea here was to be a friendly neighbor on the street, and to have a sensitive
house. I also looked at the orientation of the house and we have a survey here,
which shows the orientation of the house. North is at the top of this board and
south is at the bottom, of course. Where it's yellow is the summer sun from sun
up to noon and where this blue part is, this is the winter sunrise until winter noon.
By that I mean this is the longest day of the year, June 21st, and this is the
shortest day of the year, December 21st. So, on December 21st the sunrise
comes right across here. By sunrise it means that the sun is at water level and
it's not going to hit anything. It's going to hit the ground and the trees. By 8:00
AM, the sun is right here at this angle coming in at 14 degrees from the so-called
13
level. At 8:00 AM the sun comes in and hits the front of the house and hits back
into this back area. At sunrise, the sun is right here. So from sunrise when the
sun starts to hit something, it will always be hitting this house, even on December
21St, the shortest day of the year. At noon, sunrise just happens to be at 8:00 AM
here. At noon, which is just four hours later, it's coming in at 28 degrees, which is
twice this and is going to be hitting everything. So what I'm saying is even at
sunrise, it will hit the whole southeastern part of the house. I also did a little
sketch, which you didn't get earlier of the one and a half story dwelling. This is
just the idea sketch and it's got more detailing to go. But, showing the nature of
house, the roof starts exactly in the same place and in actuality, we moved it
back on this side 5' so the roof actually starts 5' further away from the property
line. This little addition stays. That's all I have to say for now.
TRUSTEE KRUPSKI: Thank you. Any other comment?
ANN CLEMENTS: I am the immediate next door neighbor at 560 Ruch Lane. I
feel sure that the reason for Mr. Foster's presentation about the light was my
comments to Sandy not to long ago when she informed me of what their plan
was, and that I was very concerned it was going to block my light. What I've
done, you should be in possession of a fax that I sent 1:48 PM on December
10th. Do you have that? Do you want me to read it into the record or do you want
me to?
TRUSTEE KRUPSKI: Go right ahead.
ANN CLEMENTS: Dear Board Members: This letter is in reference to the
proposed addition my immediate neighbor is planning. In speaking with Ms.
Schpoont as well as reviewing architectural drawing she supplied me with, I have
serious concerns regarding this addition. If a second story is added to her small
cottage, my home will suffer a significant decrease in eastern morning light as
well as my view of the pond, the pond, which both homes are located. Both of my
bedrooms are located on the eastern side of my home and this wonderful
morning light is a big part of why I enjoy this home so much. It's also of major
value to the property and would be very important where I to sell this home.
Losing this light and having a large home within a few feet would significantly
decrease my properties market value. Our homes are only 30'apart. In fact, the
land upon which the Schpoont cottage is located was until 1974 my cottages side
yard. The previous owner sold off this land in 1974 and their boat house was
pulled up from the pond and turned into what is now the Schpoont cottage. I will
attend the December 17th meeting and provide photographs, which clearly show
how close these homes are. The proposed addition to their cottage will reach a
center ridge-line height of approximately 24; significantly blocking my light. Most
of the homes on this side of the private road are low bungalow type structures
and the few one and a half and two-story homes that have been built have large
side yards that separate them from their neighbors. In closing, I would like to say
that as much as I regret upsetting my neighbors, as I'm sure this is, I must
protect my properties value and the quality of life I enjoy in it and I respectfully
submit to the Town Trustees my request that this permit request be denied. I
would like to bring the pictures up. They are all clearly labeled. The houses are
very, very close together. I'm not really sure, technically Mr. Foster, you quality at
14
one and a half story even though there is a full bedroom, full bath, fireplace,
everything up there, and that is not a half a story, that's a story.
JONATHAN FOSTER: A full story means that they are going from edge to edge
and you're taxed as a full story. If you don't build inside, if you don't build all the
way to the edge, which we're not, we're maintaining the roof-line, the actual
usable space is taxed...it's a percent less (inaudible).
ANN CLEMENTS: My concern is that the houses are so close together and there
are six cottages right in a row. There's mine and then there are five more.
(inaudible) There are six little tiny cottages right in a row and if theirs go up it will
be very odd looking, especially with the fireplace in the front.
JONATHAN FOSTER: There is no fireplace.
ANN CLEMENTS: Well if these aren't the correct plans, well then I'll have to get
the correct plans.
TRUSTEE KRUPSKI: I'm going to ask Trustee Poliwoda, who clams regularly in
front of these houses if he thinks this change is going to have any kind of an
affect on the environment.
TRUSTEE POLIWODA: I don't believe there would be much of an environmental
impact upon creating an addition to this home.
ANN CLEMENTS: Environmentally I'm not addressing that.
TRUSTEE FOSTER: Well that's why we're here.
ANN CLEMENTS: The Building Dept. said I had to come to this if I had a
problem with it being built. I was notified by certified letter with the plan so what's
the redress?
TRUSTEE POLIWODA: Well we give an environmental decision.
ANN CLEMENTS: Well where do I take it from here?
TRUSTEE KRUPSKI: I don't know. I would imagine they would have certain
ability to build a certain size structure on that certain size land through the zoning
code. Our concern is how any change here would affect Arshamomaque Pond.
ANN CLEMENTS: That's fine. I was just doing what I was told. There's got to be
a redress somewhere. What if my neighbor decided to cover their house with
neon?
TRUSTEE KING: Do you need any kind of a variance from the Zoning Board?
JONATHAN FOSTER: Not yet.
TRUSTEE FOSTER: What's the projected increase percentage wise?
JONATHAN FOSTER: The percentage increase is less than 50% of usable
space.
TRUSTEE FOSTER: You'll probably have to go before the Zoning Board of
Appeals. You might have to go there but we just deal with environmental issues.
ANN CLEMENTS: Well I apologize for taking up your time but the Building Dept.
told me this is where I should go. This is very confusing.
TRUSTEE FOSTER: This really doesn't create any environmental issues with us.
ANN CLEMENTS: That's not my concern either. That's fine. So when you guys
got that letter, I wish you would've called me and tell me I didn't have to come.
TRUSTEE KRUPSKI: But we don't know. That's why we have the public hearing
because all kinds of things come up. Lot's of things come out at the hearing. We
would never call and say don't bother coming.
1
15
ANN CLEMENTS: What about setback and stuff?
TRUSTEE FOSTER: That's the Zoning Board of Appeals and Building Dept.
TRUSTEE KRUPSKI: I'm going to ask the applicant to provide us with drywells
and gutters to contain the roof run-off. You can just put them on the plans later. I
don't know of you want hay bales here.
JONATHAN FOSTER: The DEC suggested hay bales or something during
construction.
TRUSTEE KRUPSKI: If there is no other comment, do I have a motion to close
the hearing?
TRUSTEE KING: So moved.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion to Approve the application with the
condition that drywells be installed to contain the roof run-off and that the line of
hay bales be placed at the top of the bluff during construction.
TRUSTEE POLIWODA: Seconded. ALL AYES
7. Agnieszka Drozkowska on behalf of JOHN F. BETSCH requests a Wetland
Permit and Coastal Erosion Permit to construct a two-story single-family dwelling
with a two-car garage in place of the existing one-story, two-car garage and
dwelling, and to be built on wood pilings. Located: 2325 North Sea Dr., Southold.
SCTM#54-4-24
TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application?
JOHN BETSCH: I'm John Betsch. At the November 17th meeting, I had
presented my request to rebuild and replace my 55 year-old summer bungalow
with my new primary residence and that meeting you had Tabled it for additional
information. You had suggested I contact the DEC, which I contacted the DEC
both on Albany and in Stony Brook and they provided me with an aerial map
showing the location of the Coastal Erosion line. I annotated with the present
owners and I made copies to make it easier for you to see. You can see that the
Coastal Erosion line on that very first page is basically the road, North Sea Dr.,
and only as it approaches Kenny's Beach at the other end of my property, and
I'm close to McCabes Beach, that it begins to gradually cross into some of the
property lots as North Sea Dr. becomes in a more southerly direction. As shown
on that aerial map, there are 21 houses and four undeveloped lots on what I
would call the north side of North Sea Dr. Of these 21 houses, 20 are on the
seaward side of that coastal erosion line on that map. Since that map was
photographed, I believe three houses closest to Kenny's Beach have been
moved. Unfortunately it is not possible for me from where the location of the
coastal erosion line is on my aerial. In my present spot though, since my house
was built 55 years ago, my summer has faced numerous hurricanes and storms.
I remember Donna in 1960 and the good old perfect storm in 1991. There has
been no appreciable damage to my house or property to speak of and while it
has not been pertinent to the Board, I would like to note that just due to the age
and proper maintenance, this 55 year-old bungalow is in need of significant
repair due to proper maintenance from it's original owner, and is also built on a
cement block foundation, which makes the option of building on this structure not
16
an option or a consideration I can consider. Of these 20 houses I spoke of, I am
aware of five that have been built, re-built, or considerably altered in recent
history as late as being worked on today down the road. I enclosed in that
booklet some pictures of these houses as well as the Southold Town tax records
to document the increase in percentages of those rebuilding. I discussed the
definitions of the coastal management regulations provided by the DEC, and they
gave me this blue book, which I believe the Southold Town Code is based upon,
with Rob McDonough of the DEC in Albany. There are several definitions that are
pertinent to my request but in discussion with Mr. McDonough, he said it
appeared that the area that my house is in, is more of a bluff area, rather
than...and we had discussed at the last meeting, calling it a dune, more of a bluff
area rather than a dune, even though there is no precipitous or steep bluff like
Horton's Point Lighthouse drop. I would like to read just the definitions from that
Code. Bluff means any bank or cliff with precipitous or steeply faced slope facing
the adjoining beach or property. McDonough said that does not necessarily have
to be. The limit of the bluff is the landward limit of the seaward protective feature.
Where there are no beaches present, the seaward limit of the bluff is to mean low
water. So, to make it easier to define, I am going to say there is no beach in front
of my house, just to make it easier to understand. Therefore, the landward limit
is 25' landward of the bluff's receding edge, or in cases where there is no line of
erosion to identify the receding edge 25' landward to the point of inflection at the
top of the bluff, and they define the point of inflection along the top of the bluff,
where the trend of land slope changes the dissent to the beach. So the bluff
begins where my vegetation ends, where my sea-grass ends. Based on this
definition, and discussing it with Mr. McDonough, it appears that my house is not
within a bluff. In addition, yesterday I received a letter from the NYSDEC Division
of Environmental Permit Region 1 and I won't bother reading the entire letter
except for one sentence, which is pertinent tonight. It says that the Department
finds the proposed project to be generally approvable should your client chose to
pursue a permit. The letter goes on to explain that not more than 20% of a lot
may be covered and in this case that would mean 20% would be 5400 sq.ft.
because I have a 26,000 sq. ft. lot and explains the next steps to be taken. I
have one more set of pictures, which unfortunately I was not able to make
copies, which shows the vegetation in the front and side of my house as well as
the McCabes Beach parking lot, which is next to me and extends much further
down towards the beach than my area. If I can address any questions you might
have I would be more than happy to.
TRUSTEE KRUPSKI: Thank you. Could I get a copy of that DEC letter? Thank
you.
E. BROWNELL JOHNSTON: If you don't have an extra copy I can make one.
TRUSTEE KRUPSKI: Thank you. I have a fax I received today from Robert
McDonough and I have not read that yet. The DEC has reviewed your client's
request for a tidal wetlands non jurisdiction determination for the above-
referenced property and we have the following comments. The department staff
has inspected the site and has determined that due to the dynamic nature of this
changing shoreline, it cannot be determined if the 10'elevation contour line is
17
permanent. Therefore, if your client wishes to further pursue a non jurisdiction
determination, winter elevations must be added to the project plan. Be advised
that a non jurisdiction letter may not be approved even after the submission,
however the department finds the proposed project to be generally approvable
should your client chose to pursue a permit. In order to pursue a permit, the
following information must be submitted. Please provide the percent adjacent
area coverage for the existing and proposed structures and paved areas. As you
are aware, pursuant to the development restrictions of 6NYCRR Part 661.6A4,
Tidal Wetland Regulations, not more than 20% of a lot may be covered existing
and new structures. Therefore this information is requested to ensure that the
new structure will not exceed the maximum allowable coverage. You must show
the coastal erosion hazard line on the plan. Regardless of the option, your client
chooses the scale is incorrect and the plan is I"to 20'. The scale must be
corrected. Additionally, the apparent high water line as shown on the survey is
inaccurate. The department staff found that the apparent high waterline is
located 98'from the existing deck. Please correct the plans and resubmit five
copies. That's from the DEC. The fax I received today from Robert McDonough I
will now read. Ms. Charlotte Cunningham representing the Town of Southold
contacted this office requesting information regarding the designation of the
natural protective in the coastal erosion hazard area within the Town. She
indicated that you were interested in finding out which coastal feature existed as
the basis for the natural protective feature area designation for the stretch of land
along North Sea Dr., located just west of the Town Beach parking area. The
properties found along this stretch of coastline are bounded by the Long Island
Sound and the Coastal Erosion Hazard line, which runs along the edge of North
Sea Dr. I have reviewed area photography and files for the Town of Southold in
an attempt to identify distinguishing characteristics of a certain area. I found it
difficult to ascertain which natural protective feature exists. After looking at aerial
photography from 1983 to 2001, it appears that the area is either a beach or a
primary dune. In the case that it was determined to be a primary dune, the
Coastal Erosion Hazard Area line would've been established 25'from the
landward toe of the dune. If the feature is considered a beach, the Coastal
Erosion Hazard Area line would've been established 100'landward from the
place where there is marked change in material of physiographic form, from the
line of permanent vegetation, which is more seaward. Identification of the natural
protective feature can be determined in such time that an appeal is made by an
effected property owner challenging that the subject area was erroneously
identified as a natural protective feature area, as written in 6NYCRR Part 505.10,
Coastal Erosion Management Regulations. If an appeal is filed, the department
will arrange a site visit in order to determine the natural protective feature that
exists and whether or not the line has been properly placed, otherwise I will
provide you with an answer after the next occasion the department staff is in the
vicinity to distinguish which natural protective feature is found is that location.
Mr. Betsch, the owner of the property adjacent to the beach parking area has
also contacted the department for additional information about the CEHA
designation. Mr. Betsch indicated that he was interested in reconstructing a
18
larger house on this site and wanted to know more about the specific natural
protective feature that exists on his property and how the associated regulations
might affect his development plans for the property. I discussed some aspect of
the CEHA regulations with him, including how the CEHA line was mapped and a
reconstruction or an increase of 25% or greater in ground coverage is prohibited
and would require a variance. I explained to him that any addition to the pre-
existing structure, including a minor addition less than 25% would have to meet
the standards of issuance for a CEHA permit, which would likely locate the
addition away from the seaward side of the house, in the least damaging
location, in terms of protecting the natural protective feature. A reconstruction or
major addition would require a variance and would have to meet all the variance
tests including for hardship. A variance could be issued for reconstruction of a
structure provided that the following criteria are met: 1) no reasonable, prudent,
alternative site is available, 2) all responsible means and measures to mitigate
adverse impacts on natural systems and the functions and protective values
have been incorporated into the project design and will be implemented at the
developers expense, 3) the development will be reasonably safe from flood and
eroding damage, 4) the variance requested is the minimum necessary to
overcome the practical difficulty or hardship, which is the basis for requesting it,
and 5) when public funds are utilized, public benefits clearly out weigh the long
term adverse affects of any proposed activities and developments. Upon
requesting a variance the applicant will need to provide to the Town, information
relevant to meeting the variance criteria. The department looks forward to the
opportunity to continuing to work with and assist the Town of Southold in
administering the Coastal Erosion Hazard Area regulations and protecting the
Towns coastal resources. if you have any additional questions about this or any
other coastal management, please contact me. Now, I had a conversation with
Mr. McDonough also and he was under the impression, as he said in the letter,
that it was either a low dune or the beach, but in either case it would result in the
same sort of restriction on rebuilding. Either or, whichever the State and the
Board decided to classify it as, it wouldn't matter.
JOHN BETSCH: Except that, in trying to understand the definitions of primary
dune and secondary dune, it talks about the landward toe. In trying to understand
what toe meant, and he said the landward toe is where it begins to go down on
the landward side.
TRUSTEE KRUPSKI: Yes, at the end of where it goes down.
JOHN BETSCH: Implying that it comes from the beach, it goes up to a dune, and
starts to go down again.
TRUSTEE KRUPSKI: Which would be about the road.
JOHN BETSCH: Except my property, on the survey I supplied, it comes up from
the beach and goes straight across. In our discussion, he said it's probably a
bluff.
TRUSTEE KRUPSKI: I think it's either a dune or a beach, but it's kind of a subtle
difference.
JOHN BETSCH: I had faxed him my site survey to show the topographical
marking on it to see if he could tell from those markings where things began and
19
where things ended but he did not come back to me with an answer. He said he
had to respond to the Town. We also had discussed about whether or not the
Coastal Erosion Hazard line is proper. He said I could appeal to have it moved,
but to have a Coastal Erosion Hazard line moved, I would have to have all of
North Sea Dr. moved because there is no way it's going to go like this and go
back in. The likelihood of them saying or changing something is...I think that's
moot. If there are any other additional questions...there are several houses, and
I showed some pictures, some have been...and I tried to understand how the
rational so what was done to have them approved or not, particularly the one
next door to me, Mr. Pearlstein, which is very close to me, right next door, what
was approved vs. mine to see if I could follow his logic to get the Board's
approval.
TRUSTEE KRUPSKI: I don't remember Mr. Pearlstein for some reason, but I did
review three others along the stretch there on North Sea Dr. and one I don't
think, VonZuben maybe, seemed to be a substantial house to start with. I don't
think there was substantial change in footprint.
JOHN BETSCH: Mr. VonZuben's house did primarily stay with the same
footprint, if you will. He cantilevered so much it was a little bit off on each side,
however he did build a garage, which was proposed as a 300 sq. ft. garage, and
wound up being a 588 sq. ft. garage from his site plans, which is within the
Coastal Erosion zone, on the wrong side, so I didn't know...I was trying to
understand how that...the plans say one thing...the numerics on the plan say
300 sq. ft. but when you look at their footage they have down there, it's really 588
sq.ft. That was another one. He also presented to me that maybe I could move
the garage to make it easier to bring my footprint down smaller to put it in front of
the house but aesthetically for the neighborhood, I don't think it's a proper thing
to do. I cannot put it under the house to reduce the square footage because the
height of my area is such that the Code says I should be so far up on pilings. As
it goes to Kenny's Rd., I guess it goes down and that those houses are up 15' up,
if you will, and can put a garage underneath. So that's the rational of how we
came up with it.
TRUSTEE KRUPSKI: The other ones I reviewed in the office. The Coastal
Erosion line, they were substantially behind the Coastal Erosion line and it cut
through the houses.
JOHN BETSCH: They moved. The three houses, from the time, next to Kenny's
Beach, from the time the aerial photograph was taken, before I was a resident
there, they were moved. But, those properties are considerably longer than mine.
TRUSTEE KRUPSKI: Now I did have a discussion with Mr. McDonough and one
of his suggestions was that, and I never had any discussion with the Board yet
because it was right after lunch, but what is the square footage of your current
house?
JOHN BETSCH: The present square footage is 1152 sq.ft.
TRUSTEE KRUPSKI: And then if you put a second story addition on that and
added 25% it would still represent a substantial increase in size and would that
not be adequate for you?
TRUSTEE FOSTER: What's the size of the proposed addition?
20
JOHN BETSCH: 1800 sq.ft. The square footage that I'm in now, you've seen the
house, I have to change it and put it on pilings, so it would have to be torn down
to do that. The house was explained, to leave a little bit and it becomes an
alteration vs. a new house...that's playing games. The house is not worth it to
start with. To build the garage in the front, I think that hurts the neighborhood
aesthetics. If you look at the pictures of Mr. VonZuben's house, there have been
many, many comments from the neighbors about what he is going to do with
that. It appears very close to the road. He must have gotten a ZBA approval for
that. It's just not aesthetically proper. Maybe it meets the rules and the intent of
the regulations but it is a very large...Mr. VonZuben did go very high end on
everything in his house. I'll definitely say that.
TRUSTEE KRUPSKI: Okay, what's the Board's feeling on this?
JOHN BETSCH: Just two other points I would like to make. The letter from the
DEC talked about the scale being wrong. What had happened, just to clarify it,
the survey was created and then a second survey was created by John Ahlers
adding the septic system plan and he reduced the drawing without reducing the
scale markings on it. That was just an oversight. I have both drawings with
drywells and such. There was one other question. I did talk to the permit advisor
to understand the differences between non-jurisdiction and a permit to see if
there were pros or cons either way and it's really just an administrative technique
in which way to go with you. We had contours put on and I don't think the
contours have changed. The only thing that's changed on my beach with this
latest winter storm, there has been some reduced sand that's all blown up onto
my property. I did go down today and the way here just to measure out of
curiosity and my vegetation still is 76' from the edge of my deck, so it still has not
changed at all. It's really just cut into the beach area. With the change of
seasons, it really just comes and goes.
TRUSTEE KING: My comment is I'm very sympathetic to him because I look at
this area and the size of the houses that are here.
JOHN BETSCH: This is a picture of another house on my block. (inaudible)
TRUSTEE KRUPSKI: We wouldn't have jurisdiction in 1991. Mr. Betsch, I don't
see where we can deviate really from the 25% and whether we classify this as a
dune or whether we classify it as a beach...before we go any further with new
plans or whatever, there is an appeals process on our decision for coastal
erosion, which is the Town Board, so if you wanted to appeal that decision, but I
want to be straight-forward with you and I don't want to get you into a run around
where you find out about the appeals process in three or four months. So, you
should have all your options in front of you.
JOHN BETSCH: Could I ask you to potentially research the house next door to
me, which was a more than 25% increase too?
TRUSTEE KRUPSKI: Pearlstein, yes.
JOHN BETSCH: I did not find in the Trustees information that I copied, notes that
talked about special things. It was just an approval.
TRUSTEE KRUPSKI: What year was that?
JOHN BETSCH: 1997.
TRUSTEE KRUPSKI: Yes, we will look into that.
21
JOHN BETSCH: The resolution is dated June 25, 1997.
TRUSTEE KRUPSKI: I'll make a motion to Table the application.
JOHN BETSCH: Before you close it, I'm not sure...what would you like me to
do?
TRUSTEE KRUPSKI: You have to consider all you're options. We'll take another
look at this in the field in January just to familiarize ourselves again with the
dunes or the bluff, or whatnot, but we'll also look into the Pearlstein file as well. In
the meantime, I suggest you look into your options. Take a look at the fax we just
got, that I read tonight, you can get a copy of that from the office, and get a copy
of the Code and take a look through that. You can see your options as far as
appealing to the Town Board.
JOHN BETSCH: Not to be facetious but he just reiterated the Code back into the
letter. That wasn't exactly our conversation the way he explained it to me about
the words we had vs. what he read back, but I appreciate it.
TRUSTEE KRUPSKI: Thank you. Do I have a motion to Table?
TRUSTEE KING: So moved.
TRUSTEE DICKERSON: Seconded. ALL AYES
8. J.M.O. Environmental Consulting Services on behalf of GEORGE KAYTIS
requests a Wetland Permit to resheathe, on the landward side, 125' of timber
bulkhead, to reconstruct a 2'X 15' stairway, a 4'X 8'6" stairway, an 8'X 14'6" deck
and shed, and to construct a 10'X 15' deck landward of the bulkhead. Located:
3740 Paradise Point Rd., Southold. SCTM#81-3-28
TRUSTEE POLIWODA: Is there anyone here who would like to comment on this
application? If not, I'll comment because I visited the site this past week. I
couldn't see any reason to deny, other than the shed, it actually sticks out
seaward of the bulkhead. It's uncharacteristic compared to the neighboring
property. I would appreciate seeing the shed pulled back behind the bulkhead.
GLENN JUST: I was going to bring that up tonight. I actually got a phone call
from Chris Arfsten of the DEC and he said the same thing, if the shed and the
deck could be relocated landward of the bulkhead. Actually they had suggested
that a 4'X 4' landing seaward of the bulkhead for the stairs down the beach, if we
pulled everything back. I was agreeable to that but I wanted to speak to you guys
tonight.
TRUSTEE POLIWODA: That's fine. We'll stipulate that. If there are no other
comments, I'll make a motion to close the public hearing.
TRUSTEE DICKRSON: Seconded. ALL AYES
TRUSTEE POLIWODA: I'll make a motion to Approve the application to
resheathe on the landward side, 125' of timber bulkhead, to reconstruct a 2'X 15'
stairway, and a 4'X 8'6" stairway, an 8'X 14' deck and the shed, as well as deck
will be constructed behind the bulkhead, with a 4'X 4' platform with stairs leading
to the beach for access, and all on a new set of plans.
TRUSTEE FOSTER: Seconded. ALL AYES
9. J.M.O. Environmental Consulting Services on behalf of CHRISTOPHER PIA
requests a Wetland Permit to reconstruct in-place, 937' of timber bulkhead
22
utilizing vinyl sheathing, to reconstruct in-place, two 50' timber groins utilizing
vinyl sheathing, to reconstruct in-place, two timber jetties (60' and 50) utilizing
vinyl sheathing, and to dredge an existing 55'X 115' boat basin to —4 ALW. The
resultant spoil, 300 cy. of sand, shall be utilized as backfill for the reconstructed
bulkheading as needed, and to reconstruct in-kind/in-place, 4,000 sq.ft. existing
timber walks. Located: 5900-6000 Vanston Rd., Cutchogue. SCTM#118-1-2
TRUSTEE DICKERSON: Is there anyone who would like to speak on behalf of
this application?
TRUSTEE KRUPSKI: For the record, I'm recusing myself on this.
GLENN JUST: I'm here for Christopher Pia and I also have Eugene Burger from
Burger Construction who is Mr. Pia's general contractor on the remodeling of the
house here if there are any questions. I think when we met there last week, Mr.
King and Mr. Poliwoda had asked that the one section of bulkhead behind the
greenhouse that we proposed to reconstruct inkind/inplace, perhaps use rock
instead and Mr. Pia and Mr. Burger are fine with that.
TRUSTEE KING: How would that change the footage on the timber bulkhead?
GLENN JUST: 164' is the distance down there.
TRUSTEE KING: So it would be 937 minus the 164.
GLENN JUST: Exactly.
TRUSTEE POLIWODA: When we took a walk to the entrance of the channel, to
the north side, that piece...
GLENN JUST: Oh, there was a 25' return that angled back and it had been in
disrepair and inter-tidal marsh had grown behind it and Ken had asked when we
walked out there that day if we could replace it with rock, but on the landward
side, the inter-tidal marsh, there would be no problem with that either. The one
thing I did not include in the plans is that when we were at the site, along the side
of the boat basin, there was some old bulkhead that was totally non-functional,
it's just tie rods and deadmen, and they don't want to reconstruct that but they
want permission to remove that debris from the marsh there.
TRUSTEE POLIWODA: Have you depicted the rock on the new survey?
GLENN JUST: It will be with you tomorrow. It's at the printer now.
TRUSTEE KING: And the old remnants of the old bulkhead, whatever is there,
will be removed?
GLENN JUST: Yes.
TRUSTEE KING: It will just be a single row of stone along the toe?
GLENN JUST: Yes. And there also had been an application for a duck blind on
the property, which I had spoke to Ken when we walked out on the spit out there.
Would pitch pines work Ken? It wouldn't even be a permanent blind. It's on
private property.
TRUSTEE POLIWODA: It's a structure so it should be included.
TRUSTEE DICKERSON: And you wanted to do the roof of the boathouse?
EUGENE BURGER: It just needs to be re-shingled.
TRUSTEE DICKERSON: Does that need to be on here also?
GLENN JUST: I think that was the questions we had in the field. I don't know if
that's something that would come under the Trustee's jurisdiction or not. If
needed, I can include it in a modified project description tomorrow.
23
TRUSTEE KING: Just include it in the description to re-roof the shed.
GLENN JUST: And as discussed on site, they're going to remove that one
section of the walk and just relocate it on the other side. We'll show that on the
plan
TRUSTEE KING: There was a lot to look at. Indicate everything on the plan.
TRUSTEE DICKERSON: Is there anyone else here who would like to speak to
this application? I'll make a motion to close the hearing.
TRUSTEE KING: Seconded. ALL AYES
TRUSTEE DICKERSON: I'll make a motion to Approve the application as per
revised description and plans.
TRUSTEE KING: Seconded. ALL AYES
10.J.M.O. Environmental Consulting Services on behalf of W.L. LYONS BROWN III
requests a Wetland Permit to construct a sunroom (14'X 14'), a screened porch
(13'X 14') and an open deck (10'X 16') onto an existing single-family dwelling.
Located: Hedge St., Fishers Island. SCTM#10-7-12
TRUSTEE KING: Is there anyone here who wishes to comment on this project?
GLENN JUST: I didn't know if you were going to put this one on hold until you
can do a site inspection or not, to be honest with you. Jim, I don't think you've
ever been to this site. It's right next to Tom Doherty's house.
TRUSTEE KING: Okay, no, I haven't seen this. If there's no rush on it, I would
like to look at it.
GLENN JUST: No, that's fine. They would have no problem with that if you have
to take a look at it.
TRUSTEE KING: I'll make a motion to Table this until we make an inspection on
it.
TRUSTEE DICKERSON: Seconded. ALL AYES
11.William A. Kelsey on behalf of BARBARA S. KELSEY & ELIZABETH
CORYDON-APICELLA requests a Wetland Permit to install a foundation under
the existing residence. Excavation spoil will be partially spread on site, and the
remainder to be removed to an approved site. Located: 4000 Peconic Bay
Blvd., Laurel. SCTM#128-6-2
TRUSTEE KRUPSKI: Is there anyone who would-like to speak in favor of or
against the application?
TRUSTEE KING: I looked at this. They're going to raise it and lower it back
down on the new foundation. There really isn't much change in grade at all. I
didn't have a problem with any of it. Any other comments?
TRUSTEE KRUPSKI: Drywells and gutters.
TRUSTEE KING: If there is no other comment, I'll make a motion to close the
hearing.
TRUSTEE DICKERSON: Seconded. ALL AYES
TRUSTEE KING: The only thing is I'd like to see a row of hay bales at the top of
the bluff during construction and drywells for the roof run-off. I'll make a motion to
Approve with those conditions.
TRUSTEE POLIWODA: Seconded. ALL AYES
24
12.En-Consultants, Inc. on behalf of DOROTHY FARNBACH requests a Wetland
Permit to resheathe approx. 103 linear ft. of existing timber bulkhead (including
return); backfill with approx. 15 cy. of clean sand to be trucked in from an upland
source; and remove tree behind bulkhead. Located: 2600 Ole Jule Lane,
Mattituck. SCTM#122-4-13
TRUSTEE KING: Is there anyone here who wishes to comment on this proposal?
ROB HERRMANN: I'm here if the Board has any questions regarding the
proposal.
TRUSTEE KING: I didn't have a problem with anything there, Rob. The people
were there when I went there and I told the lady that we'd like to see a 10' buffer.
She didn't know what I was even talking about.
ROB HERRMANN: I explained it to her.
TRUSTEE KING: Good. I tried to explain it. It really pitches down there.
ROB HERRMANN: Once she figured out what it was, she had no problem with it.
Her position was that it's less grass to mow. I have a copy of a letter from the
Croons, just because the return sort of over-runs the property. Just so you have
something for your file, from the neighbor.
TRUSTEE KING: The CAC recommended Approval. They wanted a 15' buffer
but I think 10' is enough. It's not that big of a yard.
E. BROWNELL JOHNSTON: Did they have a problem with taking the tree out?
TRUSTEE KING: No. It's the only tree in the yard, and they're really not going to
be able to do much behind the bulkhead unless the tree is removed. It's right in
the way of construction. Any other comments? I'll make a motion to close the
hearing.
TRUSTEE FOSTER: Seconded. ALL AYES
TRUSTEE KING: I'll make a motion to Approve the application with the condition
there's a 10' non-turf buffer.
TRUSTEE DICKERSON: Seconded. ALL AYES
13.En-Consultants, Inc. on behalf of JOHN MORSE requests a Wetland Permit to
replace (within 18") approx. 81 linear ft. of existing timber bulkhead with vinyl
bulkhead and backfill with approx. 30 cy. of clean sand fill to be trucked in from
an upland source. Replace existing one-story dwelling with two-story dwelling
and attached deck and porch; construct second-story addition, shed and landing
to existing one-story garage; and install a drainage system of drywells. Located:
820 Old Salt Rd., Mattituck. SCTM#144-5-15
TRUSTEE KING: Comments?
ROB HERRMANN: Again, just if the Board has any questions regarding either
phase of the project. The upland portion of it is basically just a vertical expansion
of the garage for storage. The newly constructed house will, with the proposed
deck, actually be within the footprint of the existing house. It will be a two-story
but actually a smaller house. There is a drainage system proposed, drywells, with
liters and gutters, usual conditions and that section of timber bulkhead
immediately adjacent to the garage is being proposed to be replaced within 18".
TRUSTEE KING: It's really a developed piece of property.
ROB HERRMANN: I had a hard time finding a place to put the notice.
25
TRUSTEE KING: I had a hard time finding it after I found the notice. The CAC
recommends Approval with Stipulations. The bulkhead should be replaced in-
place only with no treated lumber, alterations to the dwelling should be within the
existing footprint, slope all land away from James Creek and installation of roof
drains and drywells installed on the landward side of the dwelling. I think it's
going to be tough to put that bulkhead in in-place.
ROB HERRMANN: Basically all those stipulations are being met. The only part of
it that isn't is the in-place on the bulkhead. There is a section of octagonal deck
proposed but I think that's pretty minor. But yeah, that was why I actually asked
Tom to come in case there is any discussion about that because I think it would
be very difficult.
TRUSTEE KING: Especially with the garage right there.
ROB HERRMANN: It actually will still be behind both the massive concrete
seawall and the neighbors bulkhead so there is really no intrusion on the area.
And there are no vegetative wetlands.
TRUSTEE KING: The whole area is so developed.
TRUSTEE KRUPSKI: I asked Rob about this and we had this conversation and I
said it would be better if you put it in in-place.
TRUSTEE KING: It's so tight in this area, I don't know.
TRUSTEE KRUPSKI: You said Tom Samuels could do anything.
ROB HERRMANN: That's what you said, Al.
TRUSTEE KING: Any comments from the Board?
TRUSTEE KRUPSKI: If you don't think it can be done.
TRUSTEE KING: I think it would be difficult. I would like to see you keep it as
tight as you can.
TOM SAMUELS: It will be framed from the bulkhead, as close as we can get it.
ROB HERRMANN: They're showing the existing pilings to be taken out, correct?
TOM SAMUELS: Yes.
TRUSTEE KING: Try and maintain a 10' non-turf buffer, but it's impossible where
the garage is, but wherever you can keep a 10', keep a 10' buffer. Did you show
any drywells for the garage?
ROB HERRMANN: Yes, John Ehlers designed a drainage system for the whole
site.
TRUSTEE KING: I have nothing else on my mind.
TRUSTEE POLIWODA: I just have one comment on the non-turf buffers. I know
we are allowing decking, planking of certain types, just for your benefit, in the
new code change, we are having the angle of repose installed on it so that any
rain run-off goes back landward rather than straight over the bulkhead and into
the creek.
ROB HERRMANN: Okay. There is no decking proposed here but...point taken.
TRUSTEE KING: If there are no other comments, I'll make a motion to close the
hearing.
TRUSTEE FOSTER: Seconded. ALL AYES
TRUSTEE KING: I'll make a motion to Approve the application with the
Stipulation there is a non-turf buffer, 10', that can be maintained wherever it can
be maintained.
26
TRUSTEE DICKERSON: Seconded. ALL AYES
14.J. Kevin McLaughlin, Esq. on behalf of JOHN & JOYCE SAMPIERI requests a
Wetland Permit to construct first and partial second-story additions to the existing
one-story residence and construct a 3.5 car garage at the easterly end of the
property. Located: 1380 Bayberry Rd., Cutchogue. SCTM#118-2-12
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of
the application?
KEVIN MCLAUGHLIN: I'm here on behalf of the applicants, John & Joyce
Sampieri. I think you have the site plan from Busch Associates, which is fairly
detailed. Basically it's mostly a second-story addition but there is a small first-
story addition as well. It's located about 70' from the existing bulkhead. We do
show proposed storm water leaching basin, roof gutters and liters, and a row of
hay bales at the 10' contour line. I'm here to answer any questions, as is Mrs.
Sampieri.
TRUSTEE KRUPSKI: Thank you. I think Mrs. Sampieri answered all our
questions last week. If there is no other comment, I'll make a motion to close the
hearing.
TRUSTEE DICKERSON: Seconded. ALL AYES
TRUSTEE KRUPSKI: I'll make a motion to Approve the application.
TRUSTEE KING: Seconded. ALL AYES
15.Costello Marine Contracting Corp. on behalf of MONTE REDMAN (AS
CONTRACT VENDEE) requests a Wetland Permit to construct 100' of bulkhead
(with C-Loc Series 9000 vinyl sheathing) 15" face-to-face in front of existing
bulkhead. Located: 4510 Peconic Bay Blvd., Laurel. SCTM#128-4-21
TRUSTEE FOSTER: Comments on the application?
JOHN COSTELLO: We are the agents for Mr. Redman and he is in contract to
purchase the property and he wants to be assured that the maintenance of the
property is able to be done. Any questions the Board may have? It's quite a
simple application where the existing bulkhead is failing and what we're trying to
do is remove the piling, in order to keep it as close as possible, and re-build the
bulkhead immediately in front of it.
TRUSTEE KING: The only comment I had John, because I looked at this, is
there's a real whoopee in the bulkhead. It goes way out. I'm hoping he can dig
behind it and push it back and straighten it out.
JOHN COSTELLO: If you see the plans on page 3, it shows that we are
excavating behind it to relieve the pressure in order to get it in a straight line,
which is normally the way we try to build them.
TRUSTEE KING: That was the only comment I had.
JOHN COSTELLO: It will be constructed in a straight line.
TRUSTEE KING: The CAC recommends Approval with the Stipulation the
bulkhead is replaced in-place only and a 10' non-turf buffer installed behind the
bulkhead. There is no sod or anything there. It's typical bay front. Just one
bump-out and that's it. Any other comments? I'll make a motion to close the
hearing.
27
TRUSTEE FOSTER: Seconded. ALL AYES
TRUSTEE KING: I'll make a motion to Approve the application.
TRUSTEE POLIWODA: Seconded. ALL AYES
16.Costello Marine Contracting Corp. on behalf of THOMAS J. APREA, JR.
requests a Wetland Permit to dredge the existing basin to a depth of 5' and
deposit the spoil (approx. 160 cy.) onto the beach. Remove 88' of the offshore
end of the southern most jetty and trim the remaining portion to beach level
height and remove the top 6"X 6" timber from each of the eight (8)jetties.
Located: 3140 Gardiners Bay Estate, East Marion. SCTM#37-7-9.1
TRUSTEE DICKERSON: Is there anyone here who would like to speak to this
application?
JOHN COSTELLO: Again, my name is John Costello with Costello Marine
Contracting and we are the agents for Tom Aprea on this application and I'm
sure it would certainly be helpful if I tried to explain the job in a little more detail.
They have a small basin, which we're going to dredge. It's filling in because the
Gardiner's Bay channel has not been dredged in recent years. There is a permit
to dredge it. They will be dredging it and at that time, Mr. Aprea wants to remove
the existing fill that has entered into that little basin he has. We met on site with
Mr. Hamilton from the DEC and it was his recommendation that we remove the
height of the existing jetties because he said a by-pass is needed in that area
where the sand is building up on the east side and starving sand, the Gillette Dr.
people, with a lack of sand, so he said to place any of the fill from the dredging
operation of the channel and the basin above the high-water mark along this
entire property would be helpful. He wants all the 6"X6"'s that were raised on top
of the jetties removed and the last jetty that is in the poorest shape to the west,
he would like to have the entire thing removed. I talked to him and convinced him
that the inshore to low water, the sheathing should be left in the ground in order
stabilize the beach, and the top cut off. So, one jetty is being removed, seven
are going to be reduced in elevation, and the spoil is going to be placed all above
the high-water mark. Of course, if we have a storm or a spring tide, that water will
come and reclaim some of the fill and it will migrate towards the west, which
needs it, acting as a by-pass.
TRUSTEE DICKERSON: Is that what we all discussed? This doesn't say
remove one, does it?
JOHN COSTELLO: Yes, it does.
TRUSTEE KRUPSKI: Now what about the jetty number...) guess starting from
the one you're going to remove the 88' from.
JOHN COSTELLO: That's the 8th one.
TRUSTEE KRUPSKI: Okay, so it's the #7 one. It seems kind of high. Was there
any way of cutting that one down, or is that sand going to fill that compartment?
TRUSTEE FOSTER: They're cutting all of them down, aren't they?
JOHN COSTELLO: We're just taking the 6"X 6" off. Now the only thing that
makes the 7th one appear a little higher is the starvation of fill. There is no littoral
drift of fill. By entering and placing spoil, you will have that elevation immediately.
28
TRUSTEE KRUPSKI: Okay. Also, when you look at that little road ending to the
north of his dock, there are all of these floats and docks and stuff sitting there. Is
that all of his stuff?
JOHN COSTELLO: No. That is a community...like a natural launching ramp.
They're winterizing floats right there. I don't know whose they are.
TRUSTEE KRUPSKI: Okay. We gave them permission last Spring to dig that out.
TRUSTEE DICKERSON: Any other comments from the Board? I'll make a
motion to close the hearing.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE DICKERSON: I'll make a motion to Approve the application for Mr.
Aprea.
TRUSTEE FOSTER: Seconded. ALL AYES
17.Costello Marine Contracting Corp. on behalf of RAYMOND B. STRONG III
requests a Wetland Permit to construct a 3'X 30' fixed timber dock beginning at
ALW with an 18' inshore ramp and 32"X 20' aluminum ramp to reach the existing
float. Located: 2205 Bayview Ave., Southold. SCTM#52-5-2
TRUSTEE POLIWODA: Would you like to comment on this application?
JOHN COSTELLO: Yes I would. There has been a previous permit issued by the
Trustees and Mr. Strong is presently the new owner of the property. The only
thing basically remaining except for a couple of stubs that are out in the water,
they are like small, I believe they are probably almost like trap stakes, that are
broken off and in the water. I don't know if you went there at low tide, but you can
see a couple of them laying there. What he wants to do is to be able to get out to
the existing float. I don't know what research was done on the application but
you'll find out that this is very similar. I told him he probably should reduce the
size in order to try to get a permit to 3' width, try to use untreated materials, and
do the minimum. That's why he could do the aluminum ramp, so he can take it
off.
TRUSTEE POLIWODA: We all looked at this. With that in mind, he probably
could secure some kind of a float and a docking facility there, but we were
looking at the neighbors to the south, and that's what we would like to see.
JOHN COSTELLO: Personally, I think the 3' width, where you're not a
handicapped person, or an age where you feel insecure, I think that, plus I think
that also using the untreated small 6" diameter oak pilings...you know that it's not
going to be a stationery structure. They are not using it.
TRUSTEE POLIWODA: Did you take the dimensions down?
JOHN COSTELLO: I can tell you the dimensions of the float.
TRUSTEE KRUPSKI: They are in the file.
TRUSTEE POLIWODA: We found that the neighboring dock's total length was
62'.
JOHN COSTELLO: This one is going to be basically 48' 1 believe.
TRUSTEE POLIWODA: The float itself, what is that float out there?
JOHN COSTELLO: 16'.
TRUSTEE POLIWODA: 16' long. We would appreciate it if you would cut it down.
29
JOHN COSTELLO: I think he would. He said he didn't need it that wide but he
wanted me to go out and inspect it and when it needs rebuilding, he said he
would more than certainly would allow to have it reduced because it's not
necessary.
TRUSTEE POLIWODA: We measured 84' total.
JOHN COSTELLO: 84' total?
TRUSTEE POLIWODA: Yeah, the 18', 30', the 48', plus the 20' ramp, and 16'
float. That comes out to 84' less the 2' overhang. The neighbor is 62'. Maybe you
could bring that back, overall, back to say, 70'. You can knock 4' off the offshore.
There is plenty of room.
JOHN COSTELLO: It drops right off. There is good water there. I certainly could
reduce the ramp.
TRUSTEE KRUPSKI: Now how do you want to work that float?
TRUSTEE POLIWODA: Do you want to turn it into a 6'X 16'?
JOHN COSTELLO: Personally I think a 6'X 20' would benefit him much more and
reduce the ramp.
TRUSTEE POLIWODA: The reason I say 6'X 16' is because he is likely to store
it on that little piece of beach up there.
JOHN COSTELLO: He can leave it right out in the water. The Real floats are not
bothered by ice.
TRUSTEE POLIWODA: Okay. That's a good idea. Would a 12' ramp work?
JOHN COSTELLO: Yes.
(talking)
TRUSTEE POLIWODA: How about 18' fixed on the upland side and how about
22' on the fixed catwalk, to a 14' ramp...
JOHN COSTELLO: Make it 24' because it's 8' on center.
TRUSTEE POLIWODA: Then a 6'X 20' float.
JOHN COSTELLO: Right, a 12' space and a 6'X 20'.
TRUSTEE POLIWODA: It would be 3' wide.
TRUSTEE KRUPSKI: So what's the dimension you worked out down there?
TRUSTEE POLIWODA: A 3'X 18' inshore ramp, a 3'X 24' fixed dock, a 14' ramp,
32" wide, and a 6'X 20' float, reducing from 12'X 16'. So it breaks it down to 72'
less 2' of over-hang.
TRUSTEE FOSTER: Can we actually do this now, under the moratorium?
JOHN COSTELLO: There is a permitted dock and part of it is still there.
TRUSTEE POLIWODA: That's the difference.
TRUSTEE KRUPSKI: For the record, this application has a valid permit from
1986. It was a grandfather permit application, which meant that the dock was
pre-1986, claiming year of construction re-built in 1979 and this will replace the
structure that was permitted in 1986 with a structure that's smaller and shorter.
JOHN COSTELLO: The existing 30' section, which is going to be a 24', is going
to start at low water. They'll be a ramp to it.
TRUSTEE POLIWODA: Technically there is no spartina in that location.
JOHN COSTELLO: Not in that pathway.
30
TRUSTEE POLIWODA: Okay, let me read what I have. If there is no other
comments, or no other Board comments, I'll make a motion to close the public
hearing.
TRUSTEE KING: Seconded. ALL AYES
TRUSTEE POLIWODA: I'll make a motion to Approve the application to construct
a 3'X 24' fixed timber dock beginning at apparent low water with a 3'X 18' inshore
ramp, and a 32"X 14' aluminum ramp to reach the existing float and the existing
float will be changed to a 6'X 20' float. I'll stipulate that it be no higher than 3'
above grade and the pilings be all made of 6" diameter or less construction. Do I
have a second?
TRUSTEE DICKERSON: Seconded. ALL AYES
18.Richard Larsen on behalf of JOHN DICARLO requests a Wetland Permit to
construct 150' of timber bulkhead, 18" in front of existing bulkhead, except for 50'
of return to be removed and replaced inkind/inplace, and backfill with 50 cy. of fill
from an upland source. Located: 1150 Terry Lane, Southold. SCTM#64-3-13
POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST
19.Harvey A. Arnoff, Esq. on behalf of JEFFREY HALLOCK requests a Wetland
Permit to cut into ground of right-of-way for installation of underground utilities,
permission to cut base of existing dirt roadway to upgrade with stone materials,
and for the proposed driveway landward of the right-of-way. Located: Diachun
Rd., Laurel. SCTM#127-3-9.1
POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST
20.Patricia C. Moore, Esq. on behalf of PECONIC DESIGN & CONSTRUCTION
CORP. requests a Wetland Permit for selective pruning and planting of native
wetland species. Located: 57908 Main Rd., Southold. SCTM#66-2-2.2
POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST
21.Flower Hill Building Corp. on behalf of HELEN RUST FAMILY PARTNERSHIP
requests a Wetland Permit to construct a 13'X 16' addition to the existing
boathouse. Located: 4680 Wunneweta Rd., Cutchogue. SCTM#111-14-36.5
APPLICATION WITHDRAWN AS PER THE APPLICANT'S REQUEST
TRUSTEE KRUPSKI moved to go off the Public Hearings and back to the Regular
Meeting, TRUSTEE POLIWODA seconded. ALL AYES
V. MOORINGS/DUCK BLINDS:
1. CHRISTOPHER PIA requests a Duck Blind permit to place a duck blind on land
facing out to the bay. Located: 1455 Inlet Way, Southold. SCTM#118-1-2
(See Public Hearing #9.)
31
2. JAMES P. SWEENEY requests an onshore/offshore stake off his own property,
for a 12' boat, on Corey Creek. Located: 2950 Minnehaha Blvd., Southold.
SCTM#87-3-42
TRUSTEE POLIWODA moved to Approve the application, TRUSTEE
DICKERSON seconded. ALL AYES
Meeting adjourned at 9:45 PM.
Respectfully submitted by,
aaa-kj-n nd to lk---
Lauren M. Standish
Board of Trustees
RECEIVED 4-1J
N 2 2 2004
Southold Tor jei��`' ,�°