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HomeMy WebLinkAboutTR-12/17/2025 Glenn Goldsmith,President QF sorry Town Hall Annex Nicholas Krupski,Vice President ��� ��� 54375 Route 25 P.O. Box 1179 Eric Sepenoski J J Southold, New York 11971 Liz Gillooly G Telephone(631) 765-1892 Joseph Finora • �O Fax(631) 765-6641 ol,YCOUN1Y,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD s� ,� � Minutes r���' � ��V r' -.� Wednesday, December 17, 2025 5:30 PM Present Were: Glenn Goldsmith, President JAN 1 A. Nicholas Krupski, Trustee Eric Sepenoski, Trustee ppg 1t 4r 'oRa eIM-do Liz Gillooly, Trustee Elizabeth Peeples, Trustee Elizabeth Cantrell, Administrative Assistant Lori Hulse, Board Counsel CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE TRUSTEE GOLDSMITH: Good evening, and welcome to our Wednesday, December 17th, 2025 Trustee meeting. At this time I would like to call the meeting to order and ask that you please stand for the Pledge of Allegiance. (Pledge of Allegiance is recited) . TRUSTEE GOLDSMITH: I'll start off by announcing the people on the dais. To my left we have Trustee Krupski, Trustee Sepenoski, Trustee Gillooly and Trustee Peeples. To my right we have the attorney to the Trustees, the Hon. Lori Hulse, Administrative Assistant Elizabeth Cantrell, and with us tonight is Court Stenographer Wayne Galante. Before we get into the agenda, I would like to take a moment to recognize and thank Trustee Peeples for her past four years on this Board. Tonight is her last meeting. Serving as an elected official takes a great deal of time, energy and commitment, and Elizabeth has given that in spades. Her hard work, dedication and thoughtful approach to every application helped move this Board forward and make Southold a better place. So on behalf of the Board and the whole community, I would like to thank you for your service, your leadership and positive impact you have made on this Board over the past four years. You will be missed and your skill will also be missed. So, thank Board of Trustees 2 December 17,2025 you. TRUSTEE PEEPLES: Thank you. TRUSTEE GOLDSMITH: Agendas for tonight's meeting are located in the hall and also posted on the Town' s website. We do have a number of postponements tonight. The postponements are in the agenda on page six, Number 4, Docko, Inc. on behalf of THE CARROLL M. CARPENTER REVOCABLE TRUST requests a Wetland Permit and a Coastal Erosion Permit to remove the existing landward wood ramps and construct a new landward 7 ' wide by ±42 linear foot long access ramp to pier with handrails and two beach access stairs; in-place reconstruction of existing 7' wide by ±1D12 linear foot long fixed pier with handrails; reconstruct existing 7 ' wide by 22 ' long fixed "L" pier with a ships ladder; install a new 3'x20' hinged ramp to a 81x15' floating dock secured by four pilings; install two new tie-off piles, and relocate existing tie-of pile; and to install new water and electric to pier. Located: 2512 Brickyard Road, Fishers Island. SCTM# 1000-7-4-3. 1 On page eight, numbers 10 and 11, as follows: Number 10, EMILY & RAFAEL ROMECASTER request a Wetland Permit to install a 201x40' in-ground swimming pool with a 1, 125sq. ft. Permeable bluestone paver patio surround; install 4' high pool enclosure fencing with gates, a pool drywell, and pool equipment area; install a 500sq.ft. Lower deck off dwelling with a 12 .21x8' pergola; remove existing 8'x11' shed; existing 11.41x22' tool shed with entry platform to be maintained; perpetually maintain the existing 25' wide non-turf buffer area and clear at least 75' from edge of wetlands; and to maintain the existing 50' wide non-disturbance area along the landward edge of wetlands. Located: 330 Shore Lane, Peconic. SCTM# 1000-86-1-4. 12 Number 11, Patricia Moore, Esq. On behalf of 622 CHURCH LANE, LLC requests a Wetland Permit for alterations to the existing 1-1-i� story 518sq.ft. Dwelling and to construct an addition consisting of a proposed 1, 741sq. ft. Split-level ground floor opening to a 1, 733sq. ft. Patio/raised terrace that includes a 201x30' pool; construct internal and external stairs that lead to the 3,762sq. ft. Second floor/main floor that includes a 700sq. ft. Garage, a balcony, a deck, front entry with planters, and is built around a 721sq.ft. Open-air courtyard; install various on-grade stone paver walkways and patios; install an I/A sanitary system in the front yard; install a new driveway; install a stormwater drainage system; and the existing dwelling on northwest area of parcel to be storage use. Located: 1625 Naugles Drive, Mattituck. SCTM# 1000-99-4-18 On page 9, numbers 12 through 15, as follows: Number 12, Cole Environmental Services on behalf of DAVID & HELEN LEIS requests a Wetland Permit to remove existing fountain and construct a proposed partially raised 141x50' in-ground pool and 71x7 ' hot tub with a 2' high, 60' long retaining wall with Board of Trustees 3 December 17, 2025 stone veneer; install 625sq.ft. Non-permeable patio pitched to drain and piped to drywell; install a 41x8 ' DP drywell for pool and patio with a load bearing top and inspection lid; install a 4 'xl2 ' outdoor shower and storage area; install a 41x8' generator and pool equipment area with sound deadening enclosure; install a ±121x12 ' gravel gas fire pit area; install paver walkways; install 4 ' high pool enclosure fencing with gates; remove three (3) junipers and one crab-apple tree that are compromising the bulkhead; and to establish and perpetually maintain a 10' wide by 100' long vegetated non-turf buffer area that will be planted with salt-tolerant native non-fertilizer dependent vegetation along the landward side of the bulkhead; root systems of existing trees to be preserved to the maximum extent possible; and any tree removed to be replaced with a one to one replacement using native hardwoods. Located: 1150 Grand Avenue, Mattituck. SCTM# 1000-107-8-44. 1 Number 13, Sam Fitzgerald, Architect on behalf of TRAVIS & SOFIA GARCELON requests a Wetland Permit to construct a two-story dwelling (25'x45' footprint) on top of concrete piers to support the house, and in between the concrete piers are non-structural breakaway panels, construct a 10'x45' seaward deck, install a/c units and _a generator; install an I/A OWTS sanitary system landward of dwelling; install underground electric and water services; and to install a stormwater drainage system. Located: End of The Gloaming Extension, Fishers Island. SCTM# 1000-10-9-13 Number 14, AS PER REVISED SITE PLANS & PROJECT DESCRIPTION RECEIVED 10/30/2025 Costello Marine Contracting Corp. On behalf of 500 BROADWATERS, LLC requests a Wetland Permit to construct a 41x30' landward ramp leading up to a 41x30' catwalk to a 4'x30' ramp down onto a 4'x57' dock (4 'x147 ' total) using open grade decking; install a 31x14 ' aluminum ramp at seaward end of dock leading onto a 6'x20' floating dock situated in an "L" configuration and secured with two (2) pile dolphins. Located: 500 Broadwaters Road, Cutchogue. SCTM# 1000-104-10-5 Number 15, Jeffrey Patanjo on behalf of BAILEY INVESTMENT GROUP II, LLC requests a Wetland Permit to remove existing 4 'x30' fixed dock and construct in-place a new 41x30' fixed dock that includes 4 ' wide landward steps up to fixed dock and 4 ' wide seaward steps down; and for a proposed 4 'x20' long fixed "T" section off seaward end; all decking to be Thru-Flow; and to maintain existing 25' wide non-disturbance and 15 ' wide non-turf buffers. Located: 910 Glenn Road, Southold. SCTM# 1000-78-2-27 On page ten, numbers 16 through 18, as follows: Number 16, Islandwide Engineering & Land Surveying on behalf of CHULA VISTA HOME, LLC requests a Wetland Permit to construct a proposed 3, 325sq.ft. Total square footage two-story, single-family dwelling with a 32sq.ft. Front covered porch and Board of Trustees 4 December 17, 2025 attached garage, a 21.8 'xl8 ' covered lanai, a 12 'xl5.7 ' covered on-grade patio, install a 285' long by 4' high (maximum height) concrete retaining wall along the seaward side and side yards of the property with 61x4' seaward steps down; plant 3' high native plantings along the retaining wall; install an I/A type sanitary system landward of dwelling; install a stormwater drainage system; install a/c units with a 5' high privacy wall; install underground electric and water service; install a gravel driveway; approximately 200 cubic yards of clean fill to be added surrounding the proposed dwelling to raise the grade; install silt fencing -prior to and during construction; and to establish and perpetually maintain a 50-foot wide Non-Disturbance Buffer area along the landward edge of wetlands, and the area between the retaining wall and buffer to return to its natural state of vegetation. Located: 500 Lakeside Drive, Southold. SCTM# 1000-90-3-4 Number 17, Islandwide Engineering & Land Surveying on behalf of ULSTER FARMS, LLC requests a Wetland Permit to construct an irregularly shaped 33.50'x42.50' two-story, single family dwelling with a 14.51x21' attached garage with 61x6' rear entry platform and steps, a 51x27.5' (irregular) covered front porch with 21x8 .7 ' steps, an 111x20' rear covered porch with 3.40'xl6' steps; install an 81x18' in-ground pool with at-grade paver patio surround (19. 41x40' irregular) ; install pool enclosure fencing; a pool drywell for backwash, a pool equipment area, two a/c units; install a stormwater drainage system; install an I/A OWTS sanitary system landward of dwelling; add 15 cubic yards of clean fill to raise the grade surrounding the new sanitary system area; and to establish and perpetually maintain a 15 ' wide Non-Disturbance Buffer along the landward edge of the wooden decking along bulkhead. Located: 225 Williamsberg Road, Southold. SCTM# 1000-78-5-14 Number 18, AS PER REVISED SITE PLANS AND PROJECT DESCRIPTION RECEIVED 9/2/25 J.M.O. Environmental Consulting on behalf of EDWARD QUINTIERI III requests a Wetland Permit to relocate and reconfigure the existing docking facility consisting of removing the existing 21x14' ramp, 41x16' floating dock, 41x42 ' floating dock, 4 'xl4' floating dock and 8'x21' floating boat lift; install to the west of existing a' proposed 41x10' fixed dock off bulkhead to a 2.5'xl3.5' ramp to a 4'x28' floating dock situated in a "T" configuration with a 2'x4' floating finger dock off east side off of 41x28' floating dock. Located: 480 North Riley Avenue, Mattituck. SCTM# 1000-122-3-34 . 1. On page eleven, numbers 19 through 22, as follows: Number 19, AS PER REVISED PROJECT DESCRIPTION RECEIVED 8/13/2025 South Fork Environmental Consulting, LLC on behalf of 106 MULBERRY CORP. , c/o STUART MOY requests a Wetland Permit to construct a two story, single family dwelling (25'x4214", ±1, 058 .25sq.ft. ) With attached 7 .3'x48 .2 ' (351.86sq.ft) deck on Board of Trustees 5 December 17,2025 south side of dwelling; install a 251x6' (±150sq. ft. ) Stone driveway, a 12'x20' parking area on west side of proposed dwelling, and an 11'x20' parking area on north side of proposed dwelling; install a new innovative, alternative nitrogen reducing water treatment system (IA/OWTS) ; install sanitary retaining wall at an overall length of 99.5' and a width of 8.0" across the top of the wall. Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1 Number 20, En-Consultants on behalf of TENFORTY CENTRAL LLC requests a Wetland Permit to remove approximately 150sq.ft. Of asphalt (at end of Sound Beach Drive) , from applicant's property; remove and relocate metal Town signage pole from applicant' s property; remove/eliminate cleared beach access path extending across applicant' s property from Sound Beach Drive by revegetating approximately 770sq.ft. Of cleared pathway with native vegetation, including Baccharis halimifolia, Myrica pensylvanica, and Ammophila breviligulata, to be sourced from nursery stock and plant material transplanted from new/relocated Town beach path (to be established on Town lands by Town of Southold) ; and install temporary (12 months max. ) Snow fencing along northeasterly property line to protect newly established plantings. Located: 1940 Central Drive, Mattituck. SCTM# 1000-116-1-27 Number 21, Costello Marine Contracting Corp. On behalf of MICHAEL J. & ALEXANDRIA PRISCO requests a Wetland Permit to remove and dispose of the existing 61x44 ' catwalk; construct in-place a new landward 4 ' wide staircase up to a 41x5' platform elevated 4 . 5' above grade leading to a raised 41x50' ramp leading down to a 41x30' catwalk; reuse existing 3'x16' ramp and 6'x20' floating dock situated in an "L" configuration; remove existing pilings and install two (2) new anchor pilings; and the existing landward wood walkway to dock to be removed and replaced with a mulch walkway. Located: 905 Westview Drive, Mattituck. SCTM# 1000-139-1-17 Number 22, L.K. McLean Associates on behalf of AWC DOCKSIDE, LLC requests a Wetland Permit for Marina improvements consisting of the as-built 61x981 , 61x218' and 61x12. 10' (±1, 988sq.ft. ) Sections of CCA decking along top of existing southerly bulkhead section; within a 10' wide area in front of existing bulkhead section incidentally dredge ±140 cubic yards over ±1, 600ssq.ft. Area to a max. Depth of 6' below Mean Low Water (EL. -8 .86) to reclaim soil lost from behind existing deteriorated bulkhead; excavate ±2, 015 cubic yards of material over an area of 4, 030sq.ft. Between existing and proposed bulkheading to elevation -8 .86 max (6' below Mean Low Water) with unsuitable material to be removed from site; remove ±160 linear feet of existing bulkhead and install new ±161 linear feet of vinyl bulkhead varying ±15' to ±32 ' landward of existing bulkhead location and ±1. 8' higher than existing bulkhead; install a 22.3' north vinyl return and a 14' south vinyl return; Board of Trustees 6 December 17, 2025 construct a 26' long vinyl slotted breakwater off north end of bulkhead; create nine (9) 15'x35 ' slips by installing 10 new mooring piles and 10 new guide piles; install a 4 'x40' gangway, one (1) 8 'x53' and one (1) 61x102' floating dock parallel to new bulkhead and install five (5) 4'x30' floating finger docks off of 6' and 8 ' wide floating docks; spread dredge spoil and raise grade in area landward of new and portion of existing bulkhead approximately 4" higher (±140 cubic yards over an area of 12,200sq.ft. ) ; in an area around existing concrete slab, spread excess fill taken from area landward of bulkhead and raise grade approximately 18" (±230 cubic yards over an area of 4, 140sq. ft. ) ; a proposed pump-out truck with 1, 000ga1. Capacity with potable water washout; and with the use of a turbidity g5 Curtain during construction. Located: 5505 West Mill Road, Mattituck. SCTM# 1000-106-6-1 And On page 12, numbers 23 and 24 as follows: Number 23, Cole Environmental Services on behalf of HALLE EATON requests a Wetland Permit to demolish existing two-story dwelling, existing shed and brick path; construct a proposed two-story 3, 684sq.ft. Dwelling with an 81x52 ' covered front porch; a 10'x92 ' first floor rear deck with pergola and 15.5'xl7 ' steps to grade; two 171x17 ' second-story rear decks; a 17 'x38 ' in-ground pool, pool enclosure fencing with gates, a pool equipment sound deadening enclosure, and a pool drywell; install an irregularly shaped 27 'x68 ' wood deck around pool leading to a 4' wide boardwalk; abandon existing septic system and install a new I/A sanitary system landward of dwelling; install a permeable roundabout with stone steps at grade to main and side entrances; relocate existing 6' high fencing and install additional 6' high fencing; install A/C units and a generator; install a stormwater drainage system; existing irregular shaped ±40'x±40' two-story garage and koi pond to remain; with the edge of first floor rear deck and edge of pool foundation to be planted with native, non-fertilizer dependent vegetation. Located: 1480 Old Wood Path, Southold. SCTM# 1000-87-1-21 Number 24, Karen Hoeg, Esq. On behalf of DOUGLAS P. ROBALINO LIVING TRUST & DIANE E. ROBALINO LIVING TRUST requests a Wetland Permit for the as-built 1, 628sq.ft. One-story dwelling with attached 186sq.ft. East side deck with steps and 405sq.ft. West side deck with steps; as-built 181sq. ft. PVC pergola; as-built 345sq.ft. West side concrete patio; 526sq. ft. Of as built concrete walkways; 827sq.ft. Of as-built step-stone walks; as-built 598sq.ft. Masonry block walk; as-built 1, 600sq. ft. Brick & asphalt driveway; existing previously permitted 1, 380sq.ft. Two-story garage; and 10' diameter by 8 ' deep cesspool with shallow dome; remove the existing seaward masonry wall and replace with two tiers of 30" high masonry walls with 36" between the walls and a drain system, to be planted with native grasses; all debris, including tires and trash to be Board of Trustees 7 December 17, 2025 removed from the bank face by hand and place native seed mix in areas of exposed soil; establish and perpetually maintain a 30' wide Non-Disturbance Buffer along the landward edge of wetlands, and establish and perpetually maintain a 1, 978sq. ft. Vegetated Non-Turf Buffer on the east side of dwelling wrapping around seaward side of dwelling, and within the area of the retaining walls; remove existing concrete pad seaward of dwelling and install a ±4 . 6' wide pervious gravel walk. Located: 1695 Bay Avenue, East Marion. SCTM# 1000-31-9-21. 1 And on page 13, Number 25, AS PER REVISED SITE PLAN & WRITTEN DESCRIPTION RECEIVED 12/23/2024 Twin Forks Permits on behalf of THE WILLIAM E. GOYDAN REVOCABLE INTER VIVOS TRUST, c/o WILLIAM E. GOYDAN, TRUSTEE & THE KAREN B. GOYDAN REVOCABLE INTER VIVOS TRUST, c/o KAREN B. GOYDAN, TRUSTEE requests a Wetland Permit to demolish the existing two-story dwelling, detached garage and other surfaces on the property; construct a new 3,287sq.ft. Footprint (5, 802sq.ft. Gross floor area) two-story, single-family dwelling with an 865sq.ft. Seaward covered patio, 167sq.ft. Side covered porch, and 149sq.ft. Front covered porch; construct a proposed 16'x36' swimming pool with 8 'x8 ' spa tub; a 1, 357sq.ft. Pool patio surround with steps to ground, pool enclosure fencing, pool equipment area, and a drywell for pool backwash; construct a 752sq.ft. Two-story detached garage, gravel driveway and parking areas; install an I/A septic system; remove 23 trees and plant 25 trees on the property; and to establish and perpetually maintain a 25 foot wide vegetated non-turf, no fertilization buffer area along the landward side of the wetland vegetation. Located: 1645 Marratooka Road, Mattituck SCTM# 1000-123-3-2 .1 And on page five, Number 3, Stephen Kiely, Esq. On behalf of 1000 SOUNDBEACH DRIVE, LLC requests a Wetland Permit and a Coastal Erosion Permit for the as-built addition of approximately 15 cubic yards of sand within a 2, 090sq.ft. Minimally sloped area to level up the lawn with the grade being raised ±2 inches and sod installed on top; as-built installation of two (2) untreated wood tie planters with west planter being 50' long by 3' wide by 10 high and east planter being 32 ' long by 3' wide by 10" high, with a sod egress to the beach and two (2) fireplaces installed between the planters. Located: 1000 Sound Beach Drive, Mattituck. SCTM# 1000-99-1-5.1 And that' s it. And that' s it. That' s all the postponements. Under Town Code Chapter 275-8 (c) , files were officially closed seven days ago. Submission any of paperwork after that date may result in the delay of the processing of the application. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I would like to make a motion Board of Trustees 8 December 17, 2025 to hold our next field inspection Wednesday, January 7th, 2026, at 8 :00 AM, weather permitting. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . II. NEXT TRUSTEE MEETING: TRUSTEE GOLDSMITH: At this time I would like to make a motion to hold our next Trustee meeting Wednesday, January 14th, 2026, at 5:30PM at the Town Hall Main Meeting Hall. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . III. WORK SESSIONS: TRUSTEE GOLDSMITH: I'll make a motion to hold our next work session, Monday January 12th, 2026, at 5:00 PM at the Town Hall Annex 2nd Floor Executive Board Room, and on Wednesday, January 14th, 2026 at 5:00 PM in the Town Hall Main Meeting Hall. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . IV. ORGANIZATIONAL MEETING: TRUSTEE GOLDSMITH: I would like to make a motion to hold our next organizational meeting Monday, January 5, 2026 to be held at the Town Hall Annex 2nd .floor Executive Board Room located at 54375 Route 25, Southold, N.Y. 11971. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . V. MINUTES: TRUSTEE GOLDSMITH: Under Roman numeral V, Minutes, I make a motion to approve the Minutes of the November 12th, 2025 meeting. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . VI. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for October 2025. A check for $29, 137.20 was forwarded to the Supervisor' s Office for the General Fund. The Trustees monthly report for November, 2025, a check for Board of Trustees 9 December 17, 2025 $26, 932. 68 was forwarded to the Supervisor's office for the General Fund. VII. PUBLIC NOTICES: TRUSTEE GOLDSMITH: Under Roman numeral VII, Public Notices. Public Notices are posted on the Town Clerk' s Bulletin Board for review. VIII. STATE ENVIRONMENTAL QUALITY REVIEWS: TRUSTEE GOLDSMITH: Under Roman numeral VIII, State Environmental Quality Reviews: RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section XI Public Hearings Section of the Trustee agenda dated Wednesday, December 17, 2025 are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: They are listed as follows: Marilyn Rosenberg Trust SCTM# 1000-10-3-13 The D.B. Robinson Revocable Living Trust SCTM# 1000-135-3-37 Catherine Pino & Joseph Licciardi SCTM# 1000-38-2-31 Peter Stein & Allison Kronick Stein SCTM# 1000-40-1-18 Philip Loria SCTM# 1000-117-7-31 William & Erica Whitmire SCTM# ' 1000-115-9-8 .1 622 Church Lane, LLC SCTM# 1000-99-4-18 1000 Soundbeach Drive, LLC SCTM# 1000-99-1-5. 1 David & Helen Leis SCTM# 1000-107-8-44 . 1 Nicholas Aliano SCTM# 1000-83.-1-11 & 12 Steven Guddat & Torrey Acri SCTM# 1000-68-4-23 Emily & Rafael Romecaster SCTM# 1000-86-1-4 . 12 Hallowell Family Trust SCTM# 1000-71-1-16.2 TRUSTEE GOLDSMITH: That is my motion. All in favor? TRUSTEE GILLOOLY: Second. (ALL AYES) . IX. RESOLUTIONS - ADMINISTRATIVE PERMITS TRUSTEE GOLDSMITH: Under Roman numeral IX, Resolutions - Administrative Permits. In order to simplify our meeting, the Board of Trustees regularly groups together actions that are minor or similar in nature. Accordingly, I'll make a motion to approve as a group items One, Two, Three, Five, Six and Nine, as follows: Number 1, Sol Searcher Consulting on behalf of TIMOTHY & JENNIFER SCHMITT requests an Administrative Permit to remove existing 5'x6' 4" wood landing and 11'x4 ' 4" steps and relocate to Board of Trustees 10 December 17, 2025 the east side of the dwelling; remove and relocate existing outdoor shower; reconstruct existing 52.8' x 8 .3' roofed over porch in-place; construct three planting areas' and stepping stones on grade; expand existing on grade masonry patio from 592 sq. ft. To 853 sq. ft. Located: 15 Fourth Street, New Suffolk. SCTM# 1000-117-10-15 Number 2, Joan Chambers on behalf of ANVK NY HOLDINGS LLC requests an Administrative Permit to remove existing wood arbor over existing 224 sq.ft. Wood deck and repair deck; remove existing masonry sidewalk and stoop on south side of dwelling and construct a 105 sq. ft. Ramp with stairs; construct a ±12' x 5' wood stoop on south side of dwelling; remove and replace various windows in place; reconstruct a ±26' section of windows & wall with new windows and sliding doors; remove bay window on north side of dwelling and replace with 8 .5' egress. Located: 2195 Alberston Lane, Greenport. SCTM# 1000-52-5-54 Number 3, William Scherer, RA on behalf of MICHAEL & CATHERINE HOVEY requests an Administrative Permit for the as-built 377 sq.ft. Addition to existing second story deck with partially recessed hot tub to create a 449 sq.ft. Deck. Located: 5775 Nassau Point Road, Cutchogue. SCTM# 1000-111-13-5 Number 5, ROBERT J. HARRISON & PATRICIA A. KOVATCH request an Administrative Permit to regrade existing ±70.1x15' driveway and ±32'x36' apron; replace gravel driveway with crushed rock on RDX base with steel edging in slightly smaller footprint, apron to use concrete pavers; replace existing ±61x25' slate paver path from driveway to dwelling with concrete pavers on concrete base with steel edging; extend existing 15 'x3l' patio at rear of dwelling to 151x41' using concrete pavers. Located: 260 Huckleberry Road, East Marion. SCTM# 1000-31-16-5 Number 6, STEPHANIE PERL requests an Administrative Permit to install a generator. Located: 2880 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-43 Number 9, Patricia Moore, Esq. On behalf of ANTHONY & JOANNE COLLETTA requests an Administrative Permit to conduct construction activity within 100' from the landward edge of the wetlands consisting of a 204sq.ft. , a 274sq.ft. And a 42sq.ft. Addition onto existing 2, 934sq.ft. Dwelling; remove a portion of existing screened porch and expand it to be 268sq.ft. ; a southerly 4 .8 'x12' wood landing with 93sq.ft. Steps; a seaward 6.8 'xl2. 5' wood deck with a 6. 41x7 . 4' hot tub; remove existing sanitary system and install an I/A OWTS sanitary system; and remove arbor and a portion of deck for an 893sq. ft. Seaward deck. Located: 1657 Beach Lane, Mattituck. SCTM# 1000-116-4-15 TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 4, Palumbo & Associates on behalf of Board of Trustees 11 December 17, 2025 JALC EXPEDITIONS LLC requests a 10-Year Maintenance Permit to cut bamboo on the property to lawn height. Located: 1600 Hyatt Road North, Southold, NY. SCTM# 1000-50-1-6 Trustee Gillooly conducted a field inspection December 12th, 2025, notes straightforward. The clearing should be limited to the top of bluff and bamboo only. The LWRP found this to be consistent. I'll make a motion to approve this application with the condition that the trimming is of bamboo only, and that there is no trimming to occur on the bluff. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 7, MARISA CARDINALE requests an Administrative Permit to install 6' high perimeter fencing along eastern side of property. Located: 500 Sound Avenue, Peconic. SCTM# 1000-67-1-3. Trustee Peeples conducted field inspection, December 15th, 2025, notes condition no higher than six feet above grade, and to comply with Southold Town building code. The LWRP found this project to be' consistent. I'll make a motion to approve this application with the condition that the top of the fence is no higher than six feet, and the fence is built according to Building Department code. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 8, MAZI HOLDINGS, LLC requests an Administrative Permit to conduct construction activity within 100' from the landward edge of the wetlands for the construction of a swimming pool, pool patio, and pool fencing. Located: 530 Broadwaters Road, Cutchogue. SCTM# 1000-104-10-4 Trustee Krupski conducted a field inspection December 9th, 2025, notes need for a 15 ' to 20' vegetated non-turf buffer. The LWRP found this project to be inconsistent. The inconsistency is the plan cannot be properly reviewed without further confirmation of the wetland boundary. The plans dated October 28th, 2025, indicate a wetland line but there is no indication of who flagged this line and when. Given that the proposed activities are within 100.5' of the wetland boundary, it is important that new plans with the delineation noted be submitted and that one or more Trustees confirm this line during a site visit. Again, Trustee Krupski conducted a site inspection noting the edge of the wetlands on November 9th, 2025. As such, I 'll make a motion to approve this application with the condition of a 20-foot vegetated non-turf buffer, which will bring the project into consistency with the LWRP. Board of Trustees 12 December 17, 2025 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . X. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: Under Roman numeral X, Applications for Extensions, Transfers and Administrative Amendments, again, in order to simplify the meeting, I'll make a motion to approve as a group Items One through Six, as follows: Number 1, En-Consultants on behalf of JOSHUA HERRENKOHL & JOY KILPATRICK requests a Transfer of Wetland Permit #8195 from John Montoya to Joshua Herrenkohl & Joy Kilpatrick, as issued May 15, 2013 and Amended October 22, 2014. Located: 750 Cedar Point Road, Southold. SCTM# 1000-90-2-18 Number 2, En-Consultants on behalf of BRYAN M. & THERESA S. PROSEK requests a Transfer of Wetland Permit #8998 from Scott & Julia Osler to Bryan M. & Theresa S. Prosek, as issued on April 19, 2017; and for an Administrative Amendment to Wetland Permit #8998 for the as-built ±114 linear feet of wood landscape tie retaining wall, two (2) sets of 2.71x5 ' wood steps, and 5 'x12 ' wood walk. Located: 2480 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-57 Number 3, Sol Searcher Consulting on behalf of PATRICIA MELE & CHERYL CHRISTIANO requests an Administrative Amendment to Wetland Permit #10706 to eliminate the approved slate patio; remove raising the bulkhead by 18" so that it remains at 3.51 ; limit the south return to 6' in length; that the 10' non-turf buffer be vegetated; the approved catwalk to be extended to a total length of 35' with an elevation of 4 .51 . Located: 1140 Deep Hole Drive, Mattituck. SCTM# 1000-115-12-16 Number 4, Patricia C. Moore, Esq. On behalf of JOHN COSENZA requests an Administrative Amendment to Wetland Permit #10185, as issued July 13, 2022, for the as-built outdoor kitchen island with gas grill, coal grill, and sink; move pool fence back to the retaining wall; establish and perpetually maintain a vegetated non-turf buffer seaward of the fence planted to plant with drought tolerant native grasses and non turf cover such as English Ivy, Irish Moss, and Pennsylvania Sedge; permitted proposed parking pad not to be constructed. Located: 1700 Hyatt Road, Southold. SCTM# 1000-50-1-5 Number 5, En-Consultants on behalf of RICHARD & JEAN JUNG requests an Administrative Amendment to Wetland Permit #10855 to modify the configuration of the floating dock to an "L" configuration; and construct a 2'x4' ramp safety pad to the 6'x20' floating dock (below 31x14' ramp. Located: 3675 Wells Avenue, Southold. SCTM# 1000-70-4-4 Number 6, JOSEPH BUCZEK & CHRISTINA SPORNBERGER request an Administrative Amendment to Wetland Permit #10778 to no longer Board of Trustees 13 December 17, 2025 construct previously approved 91 sq.ft. Second-story south dormer addition to dwelling; no longer construct previously approved 337 sq. ft. Second-story north/northeast dormer addition to dwelling; no longer construct previously approved 28 sq.ft. ,First story addition to dwelling; move existing second-story south dormer 3' northwest; move existing second-story north/northeast dormer 5' to the northeast; construct a 12 sq.ft. Second-story dormer on south side of dwelling; abandon existing septic system and install a low nitrogen 6-bedroom septic system north/northwest of dwelling. Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . XI. PUBLIC HEARINGS: TRUSTEE GOLDSMITH: Roman numeral XI, Public Hearings. At this time I'll make a motion to go off our regular meeting agenda and go into public hearings. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . This is a public hearing in the matter of the following applications for permits under Chapter 275 and Chapter 111 of the Southold Town code. I have an affidavit of publication from the Suffolk Times. Pertinent correspondence may be read prior to asking for comments from the public. Please keep your comments organized and brief, five minutes or less, if possible. WETLAND & COASTAL EROSION PERMITS: TRUSTEE GOLDSMITH: Under Wetlands and Coastal Erosion Permits, Number 1, Charles Cuddy, Esq. On behalf of NICHOLAS ALIANO requests a Wetland Permit and a Coastal Erosion Permit to construct a proposed two-story dwelling (830sq.ft. Each floor) , with a 69sq.ft. Front covered patio, 61sq. ft. First floor balcony, 78sq.ft. First' floor deck with steps to grade, 44sq. ft. And 24sq. ft. Second floor balconies; install an I/A OWTS Sanitary system; install water and electric services; install a Stone blend driveway; install gutters to leaders to drywells to contain storm-water runoff; construct a 2' high, 29' long retaining wall with northerly return; construct a 209 linear foot long rock revetment from neighbor's bulkhead to west to the edge of property line to the east; excavate a small area along toe of bluff, install fiber fabric, 18" of blanket stone 10-15 lbs. , toe stones 3-5 tons each, top and face stones 2-4 tons each, place sand backfill raising the finished grade seaward and over new rock revetment; install a project limiting fence prior to and during construction along limit of clearing; any Board of Trustees 14 December 17, 2025 disturbed areas to be re-vegetated with beach grass; and to establish and perpetually maintain 28, 127sq. ft. Non-Disturbance Buffer areas along both bluff faces, and 3, 022sq. ft. Non-Turf Buffer areas along the landward edges of the Non-Disturbance Buffers. Located: 3705 Duck Pond Road, Cutchogue. SCTM# 1000-83-1-11 & 12 The Trustees conducted a field inspection December 10, 2025, for further review, at work session. And the LWRP found this project to be inconsistent. The inconsistencies are Policy 6, protect and restore the quality and function of the Southold eco-system, protect and ,restore tidal and fresh water wetlands. Setbacks, the following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees. Top of bluff residence 100 feet. The plan does not meet the minimum set about a back of 100 feet from top of bluff for new residential construction. Is there anyone here wishing to speak regarding this application. MR. CUDDY: Yes, if I may, Charles Cuddy for the applicant. I 'm here with a number of people I just need to introduce to you. Basically, Nick Aliano, who is the owner. His sisters are also here, that have an answer interest in the property. His contractor is here, his real property manager is here. And I also have Mr. Abbott (sic) , who is an attorney who has worked with me on this matter, and Vincent Gaudiello who is a professional engineer. At your last visit to the site, you asked us to do several things, and we have done those. And I just got these prints today. So if I may, I'll hand them up. But we made these buffer zones coincide. We moved the drainage area back as you asked us, and I 'll hand these up to you. (Handing) . I also would like to hand up as one exhibit a number of items: A certified copy of the subdivision- map, a certified copy of the deeds; Zoning Board decision, which, by the way, have found to be in accordance, when you put the buffers, in accordance with the LWRP. I have a tax map, DEC letter, the engineer's letters, and the appraisals, and also a copy of the Sack decision (sic) . I'll hand that up as one unit right now. I know the Board has taken -- I'll let you pass those out first. That basically shows that the buffer and the turf area have been moved together so that there is no separation. And also that the drainage area has been moved down. I think the Board has been there on a number of occasions, and I appreciated that, but I just wanted to bring to your attention several things. That we can build a home at this site with virtually no excavation. We can construct a revetment and continue the existing' bulkhead that is to the west and also revetments to the east, which have prevented erosion at these sites. i Board of Trustees 15 December 17, 2025 You'll note that I said that we have included a non-disturbance and non-turf buffer now so that there is no area between either one of those. So that they meet. We have reduced the house size, which you requested us to do. It's now 1, 660 feet. We've moved the house west four feet, we've moved it south six feet. This is also in accordance with your request. We've pledged, and I don't know if you are-aware of this, but we won't take down any trees at this site. Anything that is dead, we'll remove, but we'll leave the trees exactly as they are. We don't think, when you look at this site, that there is virtually no impact on anybody. The site itself has 36, 400 square feet. Our coverage is less than 4% of that. So it' s very minor. The impact that we are going to make on the neighborhood is virtually none. We can ask that you take a second look at this, if not a third look, and approve it. We think it' s an appropriate place for a house. And I think that you'll recognize that the houses that are along Glen Court are either 15 feet or less between that and the top of the bluff. So under the circumstances, if you have questions, we are here, but I think it' s an appropriate application and should be approved. Thank you. TRUSTEE GOLDSMITH: Thank you. As you mentioned, Mr. Cuddy, whether this is our third or fourth' visit to the site, one thing that I guess in all of our visits we are a little remiss to investigate further is the rock revetment at the toe of the bluff. According to the plans that are submitted, which you just handed up, and I think on the previous one, it looks as if the rock revetment is seaward of that toe of the bluff. Again, I don't know if that was staked at any point in time. Again, we were so focused on the house location. I know I didn't go down to look to see if it was staked. So. I don't know, is that proposed rock revetment staked? MR. CUDDY: I don't believe it is. TRUSTEE GOLDSMITH: Okay. So that would be one of our concerns, and again, I apologize for not catching this earlier. What we have always done on this Board is where existing toe of the bluff is, that is where the seaward projection of the rock revetment is supposed to start. We don't want anything projecting further than the existing toe of the bluff. So just with that being said, I think unfortunately we are going to need to stake that out for a site visit so we can see that. Do you have DEC on that rock revetment as of yet? MR. CUDDY: No, not yet. We were waiting for the approval in order to go into the DEC for that. Board of-Trustees 16 December 17, 2025 TRUSTEE GOLDSMITH: Okay. So I'm pretty sure they are going to say the same thing we are. And we have been dealing with rock revetments with the DEC for years on this Board, and it is the existing toe and landward. And then just a question on the new plans with the non-turf buffer and the non-disturbance buffer, the area to the east on the Duck Pond Road side, there is no callout for what that is to be or not to be. Is that something we can address as well on that section of Duck Pond Road? MR. CUDDY: Yes, we can. TRUSTEE GOLDSMITH: Okay. And then one of the other things that we touched on, I know some of the leaching galleys and everything, but there is still that one leaching galley, it's got a callout grade elevation 52, it' s on the southeast corner of the proposed house. Is that something that, due to the severity of the slope on the bluff going to Duck Pond Road, we would like to see that relocated, if at all possible, as well, further away from the top of bluff on the Duck Pond Road side. MR. CUDDY: Uh, huh. TRUSTEE GOLDSMITH: Anybody else here wishing to speak in regard to this application? (No response) . Trustees? TRUSTEE GILLOOLY: Just one note, to make sure that the record is really clear. I know that you had mentioned just before that this would require no excavation, but I think it is worth noting that the reason that is is because of prior illegal excavation that received a stop-work order. So the only level part of this parcel is due to prior illegal excavation. So I just want to clear that up on the record. MR. CUDDY: Okay, but I would like to add to that. The reason that occurred is because the Town gave a building permit to the owner and then realized afterwards that he needed to be setback from the bluff. It was not something they did deliberately to try and break the law. They were found out afterwards they just needed another permit, and in that time period they did the excavation. TRUSTEE GILLOOLY: Understood. Thank you. TRUSTEE PEEPLES: Mr. Cuddy, so this is a new application. I do want to state on the record that there was a prior submittal that this Board visited on, you mentioned, several visits to the site, so that was all in previous record. This is a new application, and I think the environmental concerns that this Board has had and read rather extensively into the record about the fact that these are two bluffs that were on the Sound, the proximity of the location of the proposed house to the top of bluff on both sides. There are environmental concerns here, and so I think any sort of review of this is in order to mitigate the least amount of impact on those protected Board of Trustees 17 December 17, 2025 natural features. I will say that the submission that we have here in front of us, even with the new plans that you've submitted, which, thank you, very much, this does clear up what we were discussing in the field, it does look very similar to the previous submission that was under a different application. As one Trustee, I would like to see the house reduced a little bit. There is that portion that's sort of an angled portion on the easterly side of the structure, on this plan, at about 14 .3 or 14 -- yes, 14.3 feet. In my mind, as one Trustee, again, I feel like pulling the house back by that 14. 3 feet would be a benefit and allow for less structure closer to the Duck Pond Road side of that bluff. MR. CUDDY: You are talking where the retaining wall area is, essentially. TRUSTEE PEEPLES: Correct. Correct. So that way the retaining wall could also be pulled landward, and that way everything, the retaining wall, the house structure, could all be pulled back further from that top of bluff. Again, I 'm one Trustee with that opinion, but in my mind that submission with this new application, a change like that would make it look like a new application versus the resubmission of a previous application. Thank you. TRUSTEE GILLOOLY: And I just want to echo those comments, that the overall reduction of structure so close to the top of two natural features, you know, is something that we would like to see, it' s something that we encourage, and in this scenario we are really looking at essentially a three-story home on the face of two bluffs. So, you know, I know that you said that this would have no impact on anybody in the neighborhood, but I think that it would have an impact not just on the neighborhood but also on the natural feature. MR. CUDDY: So what you're asking is to essentially remove the area that is at 14 .3. TRUSTEE PEEPLES: I don't want to design the project. I think my statement is that that would indicate a.more significant change to this application versus what was previously submitted under a different hearing. TRUSTEE GOLDSMITH: I don't want to speak for Trustee Peeples, but I think what she is saying, in essence, we are looking to minimize the impact of this project. Not only on the bluff toward the Sound, but the bluff towards Duck Pond Road. As we have seen in the field numerous times, part of that area where the house has already been disturbed, there is remnants of the foundation, so basically if you use that foundation as the seaward most projection of any construction, and tie it back closer to the Glen Court and minimize it. MR. CUDDY: I understand. TRUSTEE PEEPLES: I would say that's an accurate representation. MR. ALIANO: Nicholas Aliano, owner of .the property. So if we Board of Trustees 18 December 17, 2025 move it back, you can give us a variance? TRUSTEE PEEPLES: You do not necessarily need to move it back. You could just reduce the size of the structure. Because we are looking at. the environmental impact, so as Trustee Gillooly mentioned it is, from the Sound and from Duck Pond Road, it's essentially a- three-story house. So reducing that structure would have a benefit, an environmental benefit, positive. MR. ALIANO: So we'll have to redesign the house is what you are saying. Because we already came down a lot, you know, for the 1, 600 square feet, from 1, 900 and change. TRUSTEE PEEPLES: Well, I appreciate that. This is the first time we are looking at this application, though. MR. ALIANO: We'll, you've seen it last time. TRUSTEE PEEPLES: But this is a new hearing. MR. ALIANO: Technically, yes. Okay. So let me ask you a question. If we just chopped that off and leave it, you are okay with the rest of the plan? I don't want to go back and change the plan again, but I will, and I'll just chop that off. But are you okay with everything else? TRUSTEE GOLDSMITH: So obviously we can't give you an answer to that question, in a nutshell. We want, to minimize the impact and maximize the distance from the bluff. So whatever design you can come up with that accomplishes those goals, would be more beneficial to the environment. MR. ALIANO: All right, I'll see if we can do it. TRUSTEE PEEPLES: Thank you. TRUSTEE KRUPSKI: So, just to clarify, because there was a lot of information covered tonight, and run back to the revetment. You know, we see the revetment in other applications on a regular basis, so, you know, adding that fill on top is, I don't believe DEC is going to go along with that. For it to pass mustard with the town and DEC, you really have to ride the toe as existing. And you can backfill on top of that as needed or you can apply to backfill on top of that, but -- MR. ALIANO: I just, I showed you last time. I just did it at my house, last year. I put the rock that the DEC approved, with the netting and then blue rocks, and then they let me do nice vegetation all the way up the bluff. So we vegetate the whole, with logs, whatever that stuff is. It looks great. It's all filled nice. TRUSTEE KRUPSKI: Yup. TRUSTEE GOLDSMITH: Coir logs and revegetate. Yup. MR. CUDDY: I understand what you are saying. MR. ALIANO: Yeah, we'll do that, yes. TRUSTEE GOLDSMITH: Thank you. TRUSTEE PEEPLES: Thank you. TRUSTEE GOLDSMITH: And if I'm not mistaken, looking at it, the toe of the bluff currently looked pretty vegetated, so I don't think you need to revegetate much along the lines of that rock revetment. Board of Trustees 19 December 17, 2025 MR. ALIANO: For that one area. TRUSTEE GOLDSMITH: , Further up the bluff there is an issue. So if you want to incorporate that, you know, I don't want to over-complicate this even more than it is, but if you want to put that in as part of the application for putting the rock revetment, .potentially some coir logs and revegetation higher up, put it all under the one, and to re-stake it so that we can go and see where that proposed rock revetment will start. MR. ALIANO: Okay, no problem. But you won't be here next time. TRUSTEE PEEPLES: I won't be. But this is all stated on the public record. MR. CUDDY: We understand. MR. ALIANO: Thank you. TRUSTEE PEEPLES: Thank you, very much. TRUSTEE GOLDSMITH: Is there anyone else here to speak regarding this application? (No response) . Judging by all the comments and the new information submitted, I'll make a motion to table this application for another field inspection for staking, and revised plans. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI: Number 2, Jeffrey Patanjo on behalf of CATHERINE PINO & JOSEPH LICCIARDI requests a Wetland Permit and a Coastal Erosion Permit to construct an 84 linear foot long vinyl sheathed bulkhead with a 20 linear foot long southerly return directly landward of the existing permitted rip-rap revetment; provide 50 tons of new rip-rap to be placed within the existing footprint to fortify the existing revetment, with a maximum total quantity of 2.5 tons per linear foot; and to maintain the existing 41x15' steps to beach. Located: 50 Cleaves Point Road, East Marion. SCTM# 1000-38-2-31. TRUSTEE GILLOOLY: Trustee Gillooly recusal for personal and professional relationship. TRUSTEE KRUPSKI: The LWRP coordinator found this to be inconsistent with Policy Four, minimize loss of life, structures and natural resources from flooding and erosion, Peconic Estuary shoreline. I 'm just going to summarize this. This is a three-page document hear, which is in the file for review. The LWRP coordinator quotes Policy Four, minimize loss of life and structures. 4 .1 (c) (d) , under (d) , use of hard structures, erosion protection. Avoidance of the hazard is not appropriate because the structure is functionally dependent on the location of coastal waters, located in an area of extensive public investment or reinforcement, rural maritime centers or areas for concentrated development. Vegetated approaches to controlling erosion are not as effective. Enhancement of natural Board of Trustees 20 December 17, 2025 protective features would not prove practical in providing erosion protection. Proposed hardened structure. Structural erosion protection measures are limited to the minimum scale necessary and based on sound engineering practices. There is also a letter from the DEC in the file. The Department of Environmental Conservation (DEC) has completed a review of your client'.s request for a tidal 'wetland permit to construct a new bulkhead and we have the following comments: The DEC has reviewed your proposal to construct 94 feet of new bulkhead landward of existing rip rap and finds the proposal not reasonable or necessary pursuant to tidal wetlands land use regulations. The DEC would need to see a regression analysis to prove there has been substantial erosion of the site, as the existing rock and stone armor are still in good conditions. You must also provide an alternative analysis of the site. This analysis should cover options such as but not be limited to the following: Maintenance of the stone armor fill to create a berm, planting native grasses, vegetation at the top and along the berm to help hold the berm steady. Please provide at least two hardcopies -- that' s not really applicable to this record. It should be noted that the Trustees visited the property on the 10th of December and talked about how new bulkheads are prohibited and also reference the DEC letter. Is there anyone here that wishes to speak regarding this application? MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant. I was also in receipt of the DEC letter, and had issued responses, that was probably back in September, I think September 25th was the date on that, that we sent back revised comments. The proposed rock, as you saw in the field, it is starting to, it' s settling, it's moving, it' s shifting. So the goal here was to continue what the neighbors to the, we'll call it the north or the east, as shown on the image there, they currently have bulkheads. We wanted to place a proposed bulkhead to protect against future erosion and something for the rip rap to stand against and maintain its solidified affect, as you call it; not wash out, not allow the water to overtop it and wash out the fill from behind the rip rap, to stabilize the shoreline, and allow the rip rap to work as it's supposed to, which is to break up the wave energy and act as a barrier before it erodes the land behind it. The DEC has not responded yet to my regression analysis, which I do have. I have a survey from 2014, and the most recent survey, which is this year, 2025, and it does show that the shoreline is regressing towards the residence. The residence is, I'm going to s,ay, 20 feet away from this. And slowly over time, the regression analysis that I did, solely from two surveys, in a period of ten and eleven years, is Board of Trustees 21 December 17, 2025 showing that it is moving towards the house. There is positive regression. So this is in an effort in continuation for the neighboring properties to extend out the bulkhead, to reuse the existing rip - - rap, just reshape i-t-after-the bulkhead is installed for the --.---- purpose of breaking up the wave energy. Which is consistent with the neighboring properties and typical projects that we have done in the past. TRUSTEE GOLDSMITH: Mr. Patanjo, are you aware in Chapter 275-11 (d) 1 (h) , new bulkheads in creeks and bays are prohibited? MR. PATANJO: Yes. TRUSTEE KRUPSKI: And I would just further mention, and I understand it' s difficult sometimes for folks to look at the neighboring properties and see that they've bulkheaded and they want the same thing. But I want would mention that it's strictly because of those bulkheads that there is no beach along that whole stretch of road. If you look to the west, there is beach there. And to further that point, the next property over where there is . structure, this Board has been looking at a permanent rock revetment. Rock revetment only. And then the next property over is the condos, which is also only rock revetment, which has worked very well, and there is sand at low tide and a little bit of strip of beach at high tide. So it' s been proven time and time again, plus it' s prohibited in the code. So between those two points, I personally suggest you go back to the drawing board. And we visited the site. It' s definitely fixable. MR. PATANJO: Okay, so we'll revisit it. I would like to table at this time, we'll revisit for other options that are more environmentally friendly and be looked at by the Board in a favorable manner. TRUSTEE PEEPLES: Thank you. And, Mr. Patanjo, when we were onsite, there is that boathouse or that structure that is right there near the proposed project that you are here for, and kind of us speaking about. Would you just make sure that there are gutters to leaders to drywells on that structure and if not, please do that as well. MR. PATANJO: No problem. We'll address that at the next revision. TRUSTEE PEEPLES: Thank you. TRUSTEE KRUPSKI: Just to piggyback off that. There is signs of some erosion coming directly from that structure, because of that. TRUSTEE PEEPLES: And there is that concrete pad that is kind of right on the seaward side of that structure, so perhaps the removal of that or some sort of pervious material there, as opposed to the concrete will be beneficial as well. MR. PATANJO: We'll address that. Board of Trustees 22 December 17, 2025 TRUSTEE PEEPLES: Thank you. TRUSTEE KRUPSKI: Would anyone else like to speak regarding this application? (No response) . Hearing no additional comments, I make a motion to table this - application at the applicant's request for submission of new plans. TRUSTEE GOLDSMITH: Second, all in favor? (ALL AYES) . WETLAND PERMITS: TRUSTEE SEPENOSKI: Number 1 under Wetland Permits, Sam Fitzgerald, Architect, on behalf of the MARILYN ROSENBERG TRUST requests a Wetland Permit for the existing 14'x34 ' 4 ' two-story and 10.7 'x20. 6' one-story dwelling; remove existing one-story section, deck and outdoor shower, and construct a 42'xll. 9' (494sq.ft. ) Two-story addition; and to abandon existing septic system and install a new I/A OWTS sanitary system. Located: 1952 Peninsula Road, Fishers Island. SCTM# 1000-10-3-13 The Trustees made a review at our recent work session, and notes from that read extension is on the landward side of the house, vegetated non-turf for entirety of existing vegetation to remain. The LWRP found the project to be inconsistent with its Policy Six, mostly having to do with setbacks in that a buffer landward of the wetland boundary would be a consideration that would satisfy its review. Is there anyone here wishing to speak regarding this application? MR. FITZGERALD: Yes. Sam Fitzgerald, on behalf of the applicant. I don't have to much to add other than what has been already submitted, but I would like to say that the proposed construction project, it's a rebuilding of the one-story wing of the house. That rebuilding would essentially cover the existing footprint and there will be very little new disturbance of the site with this project. Also, you said, the site itself is really a heavily vegetated, it actually has never been cleared in its history, so I don't even know if we could even add a new buffer area from what is already there. TRUSTEE SEPENOSKI: Right. I mean, from the photographs that you provided and from, I believe we have been here if not once, twice, that, as you say, it's a lovely, well-vegetated area. I think we just need plans to memorialize that as a vegetated non-turf buffer. MR. FITZGERALD: Okay. Sure. TRUSTEE SEPENOSKI: Anyone here wish to speak regarding the application or add further comment? (Negative response) . Board of Trustees 23 December 17, 2025 Hearing no further comment, I make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: I make a motion to approve this application with new plans depicting a vegetated non-turf buffer, the entirety of the property, outside of the building envelope, construction area. And thereby bringing this project into consistency with the LWRP. MR. FITZGERALD: Thank you. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 2, Jeffrey Patanjo on behalf of THE D. B. ROBINSON REVOCABLE LIVING TRUST requests a Wetland Permit to remove remnants of existing dock and construct a new dock off bulkhead consisting of a 41x45 ' long fixed dock using Thru-Flow decking with a 31x14 ' aluminum ramp to a 61x20' floating dock with untreated decking situated in an "L" configuration and secured with two (2) 10" diameter CCA piles. Located: 915 Mill Creek Drive, Southold. SCTM# 1000-135-3-37 The Trustees most recently visited the site on the loth of December, noting no discernible dock present. No new docks permissible in this location. The LWRP reviewed this application and found it to be inconsistent. The inconsistency states since there is no existing dock on this property, this does not represent a reconstruction of an existing dock and instead constitutes construction of a new dock, which is counter to Trustee code Chapter 275-11 (c) 2 (b) 3 (a) , which prohibits new docks utilized for residential purposes in Hashamomuck Pond. Is there anyone here wishing to .speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. I think I'll have to do a little more homework on this one because it was a previously-permitted dock here. There was, back in the day, I didn't did out any of the documents on it, but there was a permit on one. TRUSTEE GILLOOLY: We did look back to the historical record and found a permit allowing for a dock in 1972, however that dock has not been maintained and the permit is no longer active. So, in this case it would constitute a new dock and not be permissible in this location. MR. PATANJO: Okay. I have no further comment, if none are permitted. It' s consistent with the neighboring, it meets the pier line, meets the water depths, meets side yard setbacks, meets every condition and requirement for Chapter 275. And there was a previously permitted one, so my plan meets all of the Board of Trustees 24 December 17, 2025 requirements, it meets all the Chapter 275 requirements. TRUSTEE KRUPSKI: Except for the big one. MR. PATANJO: One little issue. So, no further comments from me. TRUSTEE GILLOOLY: I'll also note that we did visit the site on the loth of September for a different application concerning the bulkhead, and at that time there was no discernible dock present, and no dock mentioned on the application. So, with that, is there anyone else here wishing to speak regarding this application? (No response) . Any further comments from the Board? (No response) . TRUSTEE GILLOOLY: Hearing none, I make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I make a motion to deny this application referencing Chapter 275-11 (c) 2 (b) 3 (a) , which prohibits new docks in Hashamomuck Pond. TRUSTEE KRUPSKI: Second. Trustee GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: Number 3, AS PER REVISED SITE PLAN & PROJECT DESCRIPTION RECEIVED 12/8/25 Jozsef Solta Architects on behalf of JOHN WIRTH & LINA PILSHCHIK requests a Wetland Permit to demolish and remove the existing dwelling, deck and septic system; construct a two-story, 2, 900sq.ft. Dwelling with a 300sq. ft. Front porch and a 392sq. ft. Rear porch; the ground level to be for parking and storage with break-away walls; install a 15'x40" on-grade pool with 1, 970sq.ft. On-grade patio, pool enclosure fencing with gates, pool drywells and pool equipment area; install Cultec chambers drainage system for stormwater runoff; install an I/A OWTS sanitary system landward of dwelling; install a/c units and a solar system; all new landscaping surfaces including the gravel driveway to be pervious; no new fill will be brought on site and excavated soils to be repurposed for elevation changes and no grading to occur landward of the 6-foot topographical contour; install landscaping using native species; and to establish and perpetually maintain a 30-foot wide, 102-foot long Non-Disturbance .buffer area along the rear property boundary, and a 20.5-foot wide side yard setback to be perpetually maintained to preserve the 9ft and 8.4ft. Elevated areas. Located: 1230 North Sea Drive, Southold. SCTM# 1000-54-5-10 The Trustees most recently visited the site on December 10th, 2025, and Trustee Peeples made the following notes: Preserve dunal habitat non-disturbance for area seaward of the pool; move drywells landward of the pool; limit retaining Board of Trustees 25 December 17, 2025 walls to less than two-feet high and off of the property line. The LWRP found this application to be consistent with its policies and make the following notes: Number one, Policy 5.1, ensure the effective treatment of sanitary sewage, and it says that with the addition of the IA, that has been achieved. Number two, Policy 4.1 (a) 3, to move the existing development and structures as far away from flooding and erosion, and noting that while redevelopment in the coastal flood hazard area is technically inconsistent with the LWRP, this action is proposed for land that already is developed, with no practical way to move the development out of the flood zone. The house is proposed to be built with withstanding flood and minimize loss of life and structures. With the note "condition to consider, " to remain consistent with the LWRP and protect the wetlands to the west and south of this parcel, require a condition that the remaining woodlands in the rear of the parcel remain intact and undisturbed in a non-disturbance buffer beginning at the edge of woods shown on the survey and landscape plan, and extending to the rear proper line. Require that this buffer be delineated onsite prior to construction with a split rail fence or other substantial barrier to encroachment by vehicles, machines and materials. I am also in receipt of two letters, one dated September 17th, 2025, from Sherry and Ted Thirlby. We are residents and owners of 11185 Soundview Avenue, the property bordering 1230 North Sea Drive on the southeast. We are here to express our concern about the preservation of the wetlands and dunes that exist on our adjacent properties. Since purchasing our home in 1986, we have witnessed significant degradation of important dunal areas as well as the loss of critical wildlife and plant habitat. They go on to say that there is significant habitat in this area and they are concerned about the significant habitat fragmentation by other development in the area. And they ask that new construction to be designed to cause minimal disturbance to the esthetics of this beautiful and crucial dunal area and wetland. There is another letter from 1130 Properties LLC, that is in support of this project. Is there anyone here who wishes to speak? MR. WIRTH: John Wirth, resident. Historically, the Board came and did their first site visit a week prior to the November meeting, which was the first meeting. They provided three elements. Rotation of the pool, we granted that. There was a terminology on some grass type that I'm not a botanist for, but I agreed to and we implemented that. And then there was one other question about the alignment of the septic system, but at the Board hearing, from my understanding, I conveyed the engineer' s explanation as to the impropriety of a rotation of Board of Trustees 26 December 17, 2025 the septic system, and the Board seemed to concur with that. So I thought all matters were resolved. And so we, at the time of the meeting, there was introduction about the pool wall perimeter staying under two feet. Again, we are going to comply with that. There was another element which caused us increased expense and redesign, between the definition of a two-story and a three-story, you know, whether you use the FEMA regulations or the first responder fire definitions. In the interest of being a good neighbor we conceded on that and we redesigned the house completely to this new level. And so we made this submission. Currently the submission is for a total lot usage of 12. 8% which, as you know, is a reasonable, modest development of this scope. Secondarily, we are trying.to balance out, as you have seen here with everyone else, some balance between what is right for the environment and property rights and being, you know, just good stewards of the neighborhood. We did provide and submission of a 30'xlO2' vegetated buffer that was describe on the rear property line. I would just mention in the description here, that it puts it at 30' wide and 102' long, and I think based on the orientation of the plot it should be 30' long and 102' wide. But just as long as we are talking about the same rectangle, which, as you can see on the drawing, is a 30'x102 ' vegetated buffer. I would draw attention to the Board seeing that we have the greatest interest in preserving our environment, where we are going to reside, we proposed integrated erosion controls, complied with native landscaping, IA sanitary system, CULTEC stormwater, solar energy, no turf grass, pervious driveways, bromide salt pools. So we are trying to do everything that really is acknowledging that we want to preserve our environment and the Long Island Sound. You know, we have seen the success of some of these conservative efforts, with the reduced hypoxia in the Long Island Sound. So we live right next to the Sound. We want this to continue to improve, and that' s why we don't want to pour extra nitrogen into the environment. So we're doing all the concessions, you know, that is within reason, and just not at the same time depreciating the value of the property or giving away land in perpetuity for free. . So I would just ask is there any sort of questions or does this seem to answer everything that was raised in the most recent site visit? TRUSTEE PEEPLES: Thank you, Mr. Wirth. I do acknowledge and appreciate the efforts that you and your architect have put into noting all of the comments that this Board has made, and it is reflected in the plan. The comments that you just made about the Long Island Sound, I think the addition of the IA septic sanitary system, Board of Trustees 27 December 17, 2025 and all of that, is very much appreciated. The other habitat that we do want to just focus on is the dunal, the rest of, the property, which is a secondary dune. And that is a very important habitat and natural feature. - - So the other comments that I would like to make, especial-ly- --- - addressing the LWRP, is that while you indicated this 30-foot vegetated buffer on the plan, the LWRP is recommending that this line, it's noted "edge of woods", is and you can kind of see it on the satellite there. It' s sort of indicated, by the roughly, according to the planned area that is heavily treed. So the request there is in order to be compliant with the LWRP, while they do find it consistent, is to have that area a non-disturbance. And then the rest of the area is currently, we would like to see that remain non-turf, because there is not currently any turf grass planted on the property. We acknowledge that you have this pool area and perhaps might want a little bit of, you know, some sort of area along that area, but we would really want to see that minimized, and perhaps we also noted that the pool drywells are on that southerly side of the pool and patio, and we do typically like to see those pulled back either in line with the pool or landward of the pool area. So in reviewing this, perhaps if the pool drywells are moved landward, and then we have that edge of patio, striking a distance perhaps ten feet off of that, for a demarcation line for a non-turf buffer area, and then as per the LWRP, the edge of woods to, will be a delineation line for the non-disturbance area. MR. WIRTH: Thank you., So there's just three things that I just need clarity. Because obviously I have no experience in this, so I 'm coming as a resident, not as an engineer. TRUSTEE PEEPLES: Of course. Would it be helpful for me to show you here on the plans? MR. WIRTH: I kind of see your point. So you want the three drywells somehow moved landward. I don't see how they can move closer into the pool in their orientation. I don't know whether it's feasible that it can be put on the, either lateral side of the pool, along the lateral property lines. I mean, again, that' s an engineering question. TRUSTEE PEEPLES: Right. That would be ideal. MR. WIRTH: But I mean, when they do these designs, they are conscious of your, you know, concerns, and they don't sort of willy-nilly just sort of put it anywhere. There is sort of a rationale, which evades me at this time. But I will see if there is a possibility of either moving it closer to the pool where the walkway is, or putting it on the lateral sides. But I can't guarantee that that is engineering feasible. As far as defining non-turf, we have no current intention, we've left that area undisturbed. You know, I can describe it, you know, just adjacent to the pool. We have no intention of Board of Trustees 28 December 17, 2025 putting grass around the pool areas, as you probably are aware, is sort of a behavior in the neighborhood. But as far as that, I don't think that it should be a quid pro quo that in order to get this built I have to define the undeveloped area as a non-disturbance buffer or a vegetated buffer. In that interim area between what we defined as a vegetated buffer of 30 feet, which in addition to the 25 feet towards the wetlands, which is all property, now provides a 55-foot buffer against that wetlands, which I think is, you know, a fair compromise. I don't know how we have to define what is undeveloped in going forward in perpetuity. TRUSTEE PEEPLES: I understand your comments, and I think it' s helpful to look at the satellite photo at this time. You know, what this Board is looking to protect the environmental feature and the natural feature on this property, which is actually the entirety of the parcel is a dunal area and I think it' s, the usage of a vegetated non-turf buffer simply means you may plant additional, you know, native vegetation in that area, but it' s not to ever become lawn. So that is kind of a way of memorializing what you are indicating is your intention for. the property and also to at least maintain how it is now. So in the vegetated non-turf buffer area you could plant native species there in the future. Now, again, going back to the comments of the LWRP, the area you indicated would be about 50 .feet, which is probably about approximately correct on the southerly side of the property, that that would remain as non-disturbance, which means there is no removal, there is no additional planting. It just remains as is, and that then maintains the habitat for all of the wildlife in that area as well. It' s not that you can't walk back there or, you know -- MR. WIRTH: No, I understand that. I'm just trying to be clear on what the Board is trying to restrict in doing. I see the 30 feet back from the rear property line being defined as a vegetated buffer, which means native plantings in compliance with every plant that you have already seen and approved. And that there would be no sort of delineation from that 30-foot line on out to the pool, because we have not declared any renovation or alteration of that, but it's just ground. And so what we intend to do, or request to do, is to build the house, put the pool put in all these environmentally-conscious efforts, and what' s on the plan is what we are going to do. Anything above and beyond that is not declared so we are not doing anything. But I don't know whether, for that undeveloped area, it's required that I forever declare that to be a, you know, non-disturbance area that will never be developed. Is that what the Board is asking me to declare? Board of Trustees 29 December 17, 2025 TRUSTEE GOLDSMITH: Basically yes. So that dunal area is a protected feature. So in order to get the house, we want to memorialize that area that is, you know, the environmentally-sensitive portion, which is that whole property, to be protected. Whether it's you or future homeowners, that they can't go back there, plow it all down, plant a lawn, put something there. It' s a very environmentally sensitive area. It's an interdunal swale. It's a protected feature that this Board is tasked with protecting, that allowing you, or potentially allowing you to have the house that would encroach on that, part of that condition would be to protect the rest of it against future development. MR. WIRTH: I mean, my response would be that the development that I 'm doing, as I said, is 12 .8 percentage. It's well within what is declared allowable. But on top of that I don't understand or appreciate that somehow in order to get a development done that is in compliance with everything that you've said, I have to memorialize a plot of land that has value, basically donate it, analogous to how they get tax relief from turning other plots of land into agricultural and here you want me to sort of -- TRUSTEE SEPENOSKI: Mr. Wirth, that's a mischaracterization of the purpose of this Board. These are natural resources that are, I think the word is it stewarded, or Southolders, here and abroad. So to characterize as a quid pro quo I think is a mi'scharacterization. And to talk about -- MR. WIRTH: I just wanted to say, I respect Mr. Goldsmith when he said to me is, in order to get the house built, as you want, which encroaches a small degree backwards, you have to do something with this land and declare it to be something that is already isn't now. So to me that seems like if you want to do this construction, this is what you have to do with the land, and basically that is a quid pro quo. I mean, you know. TRUSTEE SEPENOSKI: So, sir, you spoke about a house and a pool. And a dune. TRUSTEE GOLDSMITH: That, in essence, is what Chapter 275 is all about. The purpose, it is the intention of this chapter is to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands given due consideration to the reasonable economic and social development of the Town. Conditioning a non-disturbance buffer, non-turf buffer, is basically a condition of every permit that this Board issues. It' s standard policy, it has been for my ten years on this Board. It predates that. That is what we want to protect. That is what 275 is about. That is the essence of what this Board is here for. For the protection of the natural features of Southold Town. MR. WIRTH: So I just want to make sure that I got the line correct, but the line that you are drawing is just behind where Board of Trustees 30 December 17, 2025 the pool fence is which creates about 38% of the entire land becomes a non-disturbance buffer. And so you are drawing that line at that point near the pool, correct? I want to make sure we are talking about the same line. I mean if you want, I 'll just point -- I mean, if you want,, I'll just point. (Speaker approaches the display screen) . The new house is going to be somewhere here. The pool is going to be here. The line will be coming where the shed here is. This is where the line is for the pool fence, right here. TRUSTEE KRUPSKI: Could you just step back, sir, for the stenographer, we can't get it into the record. MR. WIRTH: (Complying) . So if you can just visually see, are you asking that, you know, close to 40% of the property be declared as a non-disturbance buffer. TRUSTEE KRUPSKI: We're not asking that, but it's certainly a recommendation of the Board. MR. WIRTH: I mean, as I already said, you know, sort of transferring 40% of the property, which has, you know, great value, you know -- TRUSTEE KRUPSKI: Great environmental value. TRUSTEE SEPENOSKI: You are essentially, as a landowner, agreeing to its stewardship, in consistent with the history of this town and Chapter 275 that we are referencing this evening. MR. WIRTH: I mean, just as a closing point, I tried to engage the consultive services of Mark Terry who' s tried to guide me through, you know, the proper way to do this and to get things, you know, achieved, you know, because again, I don't speak this language, I 'm not familiar with some of these requirements. So I'll rely on his guidance to tell me whether that is a proper, you know, exchange, you know, 40% of the property to develop a 12% occupancy of the floor. TRUSTEE GILLOOLY: Mr. Wirth, I think, you know, there is sort of a misunderstanding here about what the Board of Trustees is accomplishing here, and I think what we are looking at is that this entire property is a protected feature. So when we look at, you know, this quid pro quo that you are talking about, what we are looking at is your use of a protected feature for personal enjoyment, and so the land itself is already a protected feature. If you wanted to do something additional you would have to come back before this Board. This Board is preemptively telling you that with this project and building and pool, this is the limit of the development that we would see on this property. And I think that's some clarity, more than anything else. MR. WIRTH: I mean, if what you're saying is what' s on the paper is all that will happen, that' s what I intend to do. I mean, I don't plan on presenting something and then pulling something out of my hat to do otherwise. The way I see it is the way that I like it, that' s the way we are going to keep it. I just don't want to be restricted that if I were to sell in ten, 15, 20 Board of Trustees 31 December 17, 2025 years, that it would come back to this land is now in perpetuity dedicated to never being developed. TRUSTEE SEPENOSKI: That's precisely our goal here because in the transfer of properties from individual to individual, we see a degradation of our natural features in this Town. And often, unfortunately, the real estate agents do not disclose the obligations of the new ownership to stewardship. TRUSTEE PEEPLES: And while you stood in front of us this evening and expressed, you know, your concerns with the environment and wanting to steward the property, we've seen that in the edits to your proposed plan, which we do appreciate, to Trustee Sepenoski' s point, part of what we are doing is ensuring that whoever the next steward is of this property that it will move into the future, because they may not be as environmentally aware and conscious as you are. And I do want to just go back to the satellite image again because I think it's very helpful to look at. The only change in the property, if you were to proceed with this proposed project, is that there will now be a much larger house and pool on the property. The rest of the property will look exactly the same. You are not losing any access or enjoyment on the property, because it will look exactly the same, with the exception of the new structure that you are proposing. TRUSTEE GILLOOLY: I also think it's worth noting that any future purchaser of this home would likely really enjoy the very special natural resources that are a huge part of this property, and I'm. sure will add value and not degrade value on this parcel. MR. WIRTH: Yeah, I mean, the only thing I have to think about is if they want to put an in-law unit or they wanted to put a cabana or something, I don't know what they might think. But I just have to consider there should be potentially some type of tax benefit to creating this. TRUSTEE KRUPSKI: Well, in that case it might, and we have not gone down this road, but do you need a pool on this property then, or a house of that size. There is an existing house. To be honest with you. And there is decades of experience with this Board in buffing and transferring properties and protecting the environment. And I don't think you have a full grasp of what this Board is here and what we are trying to do. So then the next discussion we can move into is if there is a concern over wanting to do a mother/daughter and expansion of the house is maybe that a property in a secondary dune shouldn't have a pool. Which I 'm not so sure that it should. TRUSTEE GILLOOLY: It is something we discussed already. This is not the first time that this Board is thinking about whether that use is appropriate. And so we are, we recognize that you've done a lot to reduce the overall size of the house and that you are working with us, but I do think it's worth noting that this is a comment that we, from our very first site visit Board of Trustees 32 December 17, 2025 we are looking at, whether it is an appropriate location for a pool. MR. WIRTH: And I appreciate your give and take on this. And the last thing I would leave is that while this is a smaller unit, it's a 1950s unit, which, you know, I lived there during the first winter of COVID, and that thing just basically leaked all the heat out. It' s not a full season. So we want to convert it into a livable year-round unit which is beneficial for both the family and for the community, putting in a better heating systems and certainly sanitation systems. So all of those things actually are going to improve the overall environmental quality of the unit. So I thank you for your consideration. How do you want to leave this? I mean I would like to personally just contemplate what you sort of presented now, and then get the drawings started so we can submit to the Department of Buildings and get this project, you know, moving forward, as long as we are in compliance with everything that you said today. TRUSTEE PEEPLES: Okay, so it sounds like you would like to table the application then? MR. WIRTH: I mean, what are my options? TRUSTEE PEEPLES: We could proceed based on the comments that this Board has made and condition the permit for receipt of new plans that show the buffer, excuse me, the non-disturbance buffer that we mentioned, the relocation of the drywells, and I think the comment about the limiting the retaining wall height of no more than two feet. So -- MR. WIRTH: I mean basically it' s just the. land issue, so once I can get that resolved, and if I say, yes, everything is okay, do we just get it approved at the next meeting? Because, you know, I'm coming back and forth from Brooklyn and I have to take a day off from work, so I just want to see how much more time I have to invest in this. TRUSTEE PEEPLES: I mean, we're happy to move forward with it this evening. TRUSTEE GILLOOLY: I also just wanted to mention that moving the pool drywells is a very common thing that we see, and very often they are just put in, you know, a place that is convenient. But I don't foresee that being -- MR. WIRTH: I tried to make sure that you meant either on the sides of the pool now instead of behind it, if that' s feasible. And if we can do that an agree to the land usage and everything like that, if I comply with all those elements, then this is then approved as it is as far as the floor plot land, and then we can go to the DOP to submit the drawings. TRUSTEE PEEPLES: Well, you would need to go through the next steps. But, yes, we are ready to move forward with this application this evening. MR. WIRTH: Okay, so your approval is based on -- MS. HULSE: You'll just have to stand by for one second. They Board of Trustees 33 December 17, 2025 have to first close the hearing -- MR. WIRTH: Okay. TRUSTEE PEEPLES: Thank you, Mr. Wirth. Is there anyone else here wishing to speak? - (No response) . Any other questions or comments from the Board? (No response) . Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: I'll make a motion to approve this application with the condition to preserve the dunal habitat. There will be a non=disturbance on the entirety of the property from a delineation line of approximately ten-feet off the patio in the southerly direction; no existing vegetation is to be removed within this area; to move the drywells landward of the pool; and limit the retaining walls to no higher than two feet, with new plans depicting the following. That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 4, AS PER REVISED SITE PLANS AND PROJECT DESCRIPTION RECEIVED 12/1/2025 THOMAS & JENNIFER SMITH request a Wetland Permit to demolish the existing one-story dwelling and construct a new 1,203sq.ft. One-story dwelling in-place consisting of raising the existing foundation an additional ±16 inches to meet FEMA compliance, and backfill inside entire foundation with compacted clean fill; construct two 19.5sq.ft. Stoops and one 15sq.ft. Stoop; remove/abandon existing septic system; install an I/A OWTS sanitary system and add 42.29 cubic yards of clean fill for the I/A; relocate 20 L. F. of Belgian curb; 942sq.ft. Of existing brick walks and patios to be removed and replaced with concrete pavers and permeable stones in-place; install a stormwater drainage system; for the existing 12.5 'x24.5 ' garage; remove existing retaining wall behind garage and construct a 26'L x 33"H x 10"W retaining wall further landward; install underground water and electric; and to establish and perpetually maintain the entirety of the property as a vegetated non-turf buffer area except for a 380sq. ft. Lawn area. Located: 3121 Oaklawn Avenue, Southold. SCTM# 1000-70-6-10 The Trustees conducted the most recent field inspection December 15th, 2025. Notes concern with the location of the septic to bulkhead; ten-foot setback is unreasonably close to surface waters, with an already nitrogen-loaded ecosystem. The LWRP found this to be inconsistent. The inconsistencies are: The proposed structure is located in FEMA AE and Velocity Hazard VE Flood Hazard Zones. And structures in FEMA flood zones Board of Trustees 34 December 17, 2025 should be avoided, relocated or minimized to prevent loss. This is a tabled application, so the comments and the letters that we previously received are still part of the file. Just to recap, there' s letters here from the neighbors objecting to the application, from a Lucille Harris, Bill Harris, Dan - Harris, Tara Lou Simmons (sic) , Doug Hardy, Maria Vanpour (sic) , Patricia Buerkle (sic) and Marjorie Moffet Stevens. So those were addressed last hearing, so they are still part of this file. Is there anyone here wishing to speak regarding this application? MR. SMITH: Hi, there. I'm Tom Smith, the owner, 3121 Oaklawn. So maybe just a couple of quick comments. When we met four months ago, there were really two concerns that were expressed. One was .the LWRP and the lot coverage, and all of the comments relative to my neighbors also coincided with that expansion of lot coverage. There was a pergola being added, there was a jacuzzi, a shower, second-floor to the garage. And since then all that has been removed. So lot coverage is now remaining where it is today, 21.9. So we were looking to go up to I think it was 24. So we removed all of that. This was discussed with the ZBA last month and they approved on that basis. So that was, again, the issue of lot coverage. The other issue that was addressed by this Board was the location and the configuration of the IA sanitary system. With the help of Jeff, we did a comprehensive feasibility study. This parcel, again, is maybe 851x851 , under 7, 000 square feet. So there is just not much in the way of options. But we did do a comprehensive study, looked at every quadrant of the parcel, essentially, and found that based on the Suffolk County Health Department guidance, square footage you would need, really the only feasible location is still that front yard. But we were able to make some significant changes by moving the infiltrators north and south. We took away some of the driveway as well, and by doing that we lose some driveway, it would provide more of a buffer between the bulkhead. I think before it .was maybe six feet, and now it' s between ten and 12 feet. And we also there was a retaining wall that was going to be right up against that bulkhead. Now by going north/south with the infiltrators we can avoid having a retaining wall at all. So that was the change relative to the IA septic system. And again, all the things that were mentioned before relative to the neighbors, that all had to do with those things that have now been tabled and are removed from the application. TRUSTEE GOLDSMITH: Thank you. Is there anybody else here wishing to speak regarding this application? (No response) . So we've got a couple of questions, probably more geared to Mr. Patanjo. In regards to that septic system, how much fill Board of Trustees 35 December 17, 2025 are you proposing to bring in for that septic system? MR. PATANJO: Let me look at the profile. I think it's less, it' s about 20 to 25 cubic yards. We didn't do a calculation on that. So we have groundwater separation requirements to the bottom of these proposed infiltrator systems. And I'm trying to -- here' s my latest profile. Existing height, we can give you a calculation on that, if needed. I'm trying to find it on these plans. 42.29. We did a calculation on it. My office did. 42.29 cubic yards. And that is to maintain the proper groundwater separation of two foot below the bottom of the infiltrators. You need one foot above the infiltrators. So we want the system that will be the minimal disruption to the area and still meet Suffolk County Health Department code, and also have the requirement for the bedroom size, which is the minimum system you have to do for a sanitary system is a three-bedroom system. So this is only .a two-bedroom house, however you have to design a system for the minimum standards for the Suffolk County Health Department, which minimum standards for groundwater separations and coverage on the tops of the infiltrator systems. TRUSTEE GOLDSMITH: So can you explain to us why that proposed location is the only one that you say this septic system can fit? MR. PATANJO: Yes,. As you may or; may not be, I believe we submitted -- TRUSTEE GOLDSMITH: Yes, we have it. MR. PATANJO: So you have this grayed-out area with the X' s on it. TRUSTEE GOLDSMITH: Yes. MR. PATANJO: All right. So those are, what we did is we have certain offsets to property lines. Five foot to a property line. We have ten foot to the house -- sorry, no foundation. So five-foot to the house, we have offset distances, mainly five-foot for this property. We also have certain footprint requirements for the IA tank, the feedbox and then the infiltrator systems. What do we have, three 17' rows on this job, I believe. Yes. Three 17' rows, the minimum system requirement for a Suffolk County Health Department system. I want to add on to that also is this system for the Health Department is going through a variance, because of the limited lot size, you typically need 50% for future expansion. We don't have future expansion, so we'll never be able to expand this house. So that is the maximum bedroom count this will ever be. Maximum of three. So, if you look at rear of the property, did she label it -- usable patio -- no, back corner and that' s going to be the northeast corner of the house, which is the corner of the bulkhead. No room to put a sanitary system. Come behind the house, behind the garage and the house, and the rear yard. Number one, the Health Department doesn't want sanitary systems in the rear yard because there is no way to access them for Board of Trustees 36 December 17, 2025 maintenance and, again, no usable footprint for any sanitary disposal system. Setbacks to the retaining walls, setbacks to the property lines and setbacks to the garage, it' s not usable. The third with the "x" through it would be in the front of the garage area. If you did a system there, there would be no access into the site because you would have to bring up the grade to the point where you would be ramping up into the house. You would not access the garage, number one. There would be a big berm, you would not be able to access the site because you would have to grade out onto the neighboring properties, because now your grade is going to be three-foot higher in the driveway area. So it would be three-foot higher than the garage first floor. You would have a mound three-foot high, so that you couldn't get into the site. TRUSTEE GOLDSMITH: So let me just stop you there for a question. If you have to mound it for the driveway area, the other area you are saying you are only doing 42 cubic yards and you don't have to mound it. MR. PATANJO: It's coming up and then it' s leveling out. Then it's coming back down. It will be mounded, yes. TRUSTEE GOLDSMITH: 42 cubic yards. MR. PATANJO: Yes, correct. It' s really like laying the infiltrators on the existing ground, which is two foot to groundwater. Let me look at this. I'll design it for you right now. We have 2. 6 foot down to groundwater from elevation 3.7. So if you look at" the site plan in that location, you are at about elevation -- if somebody has good eyes, there' s a contour running through there. It's like four -- MR. SMITH: I think the current grade level where the garage is like three-and-a-half feet. You would have to take it up to like seven-and-a-half, maybe eight-and-a-half. TRUSTEE GOLDSMITH: So that is the part I'm not understanding. If you have to go up seven to eight feet where the driveway is, why don't you have to do that ten feet from the bulkhead? MR. PATANJO: Well, if you're,. to Tom's point, if it's load bearing, you can't drive on an infiltrator-style system. Infiltrators are plastic. They are not load bearing. If you did it in a driveway you would have to use a leaching galley system, which is a concrete chamber. That' s the only way you can do a sanitary system in a driveway. So there are different rules for a leaching galley system which is concrete caskets or whatever you want to call them four-and-a-half foot wide by eight-and-a-half foot long, with holes in them. They are like rectangular leaching pools. For those, those are H2O load-rated, usable for a driveway. If you did that, you would have to raise those up. There's a three-foot minimum separation, you can probably get away with two, but two-foot minimum separation. Minimum height on those is going to be two-and-a-half to three feet, then you would need a foot of cover on top of those. So now your garage is at grade. Board of Trustees 37 December 17, 2025 You have, like Tom is saying, you're going up to seven, eight elevation. With infiltrators where they are, you only need, I think we used the eight-inch infiltrators on this job -- TRUSTEE GOLDSMITH: That's what the plans show. ' MR. PATANJO: Yeah. So that's the minimum. Yes, eight-inch ones. So quick-floor plus. Those only have eight inches, again, here, what we are trying to do is to minimize the amount of fill, minimize the impact, and again, minimize -- everything is minimized on this job. We squeezed it as tight as we can get it to the house, as far away as we can from the bulkhead. We used the lowest profile sanitary discharge system as possible, kept everything to the bare minimum. So we limited the fill. Limited the footprint, and also he still needs a usable driveway. You couldn't put these under a driveway. You would have no driveway and the property becomes effectively useless, because if you did want to raise this and say put this in the driveway, you couldn't do it because the grading would not work. You couldn't get a car into the driveway. MR. SMITH: We only have about 27 feet on the property line to the garage, and if you have to lift that by four feet or so, it's -- MR. PATANJO: It doesn't work. MR. SMITH: It' s physically impossible. MR. PATANJO: The Health Department has reviewed this several times and made comments. We went back and forth with the Health Department. Came up with redesigns. The Health Department right now, the last pending requirement we need is we have DEC, right? We have DEC non-jurisdiction letter. The last thing is Southold Trustee permit, and then we'll have Suffolk County Health Department permit for this project. TRUSTEE GOLDSMITH: So what' s the Suffolk County Health Department setback? MR. PATANJO: Suffolk County Health Department setback? TRUSTEE GOLDSMITH: Yes. MR. PATANJO: For every sanitary system? 100 feet. We are going for a Board of Review variance, which they already said is granted because of the lot size. Substandard lot, but it meets the requirements. And this is typical for many, many projects that my office works on. They give Board of Review approvals for substandard loots. And the way they look at it is, you have, currently you have, I don't want to say non-functional, but you have an outdated, single-pool septic system which is right on the water. We are putting in a new IA treatment tank, we are moving the entire disposal system further away, we are also offering, you know, now it has proper groundwater separations. Also these old systems out, here, as you know, the initiative with the waterfront, what do they call them, the SIP grants, all these grants is to remove all of the failing sanitary systems that don't have adequate groundwater separation, that don't have proper removal of any of the nitrogen. All of the impacts that Board of Trustees 38 December 17, 2025 are to these waterways are being remediated due to this new IA system, new groundwater separation, and pulling it as far back as possible to make this property usable. In addition, is, you know, this berm, I don't want to say "bermed area", it's not a major berm, we are offering a ten-foot wide non-turf buffer, which would be vegetated around the perimeter of the bulkhead also, so anything that does runoff, potentially is going to be maintained in that buffer area. TRUSTEE GOLDSMITH: So this, again, as we've gone through, it' s difficult with the fact of the septic system, the proposed septic system, being so close to Jockey Creek. You know, you are talking about a separation from the bottom of the leaching galley to groundwater, but we also have a concern with the leaching galley to the creek. MR. PATANJO: Well, we're not proposing, it might be a little nuance here, but we are not proposing galleys, we are proposing infiltrators. So if you are looking at the plan and this is -- thank you, Tom -- on that, what do we call this, allowable sanitary layout per Suffolk County Health Department, the grade out along with the access, there is the typical detail, and I just noticed it now, of a leaching galley setup like I just previously described, showing the two-foot separation, we could do two-foot galleys, it will be up to elevation 7.31. So the garage floor elevation is 3.59. So we can do some math there, and that' s say, it's four, almost four feet. Yes. So it would be a four-foot raise in front of the garage. MR. SMITH: And you only have a 27-foot run from the property line. You would hit a wall. MR. PATANJO: Yes, you couldn't do it. It can't be built. It can't, in an engineering world, it can't be built. TRUSTEE GILLOOLY: Is there any opportunity to reduce the overall size of the driveway and make it just so that you can have a little bit of extra space? MR. SMITH: We did move six feet already. Now we are at the point where, it' s also a safety issue which you can't really turn around. Backing out eight-hundred feet to the main rode, and there' s a lot of kids and family is there, so we are sacrificing six feet already by flipping these infiltrators north and south. TRUSTEE GILLOOLY: Understood. MR. PATANJO: You've been there, it's a one-car garage. You pull in, you can you fit two cars in this property. This isn't a party house. This is a family house. It' s two-car parking, and again, it' s unsafe because there is no turnaround room. If you try to maintain your own property, your own right-of-way. This is a weird property. You all know it's a weird property. So we are doing the best we can to create a sanitary system that fits on the property and you can still have two cars parking. TRUSTEE GILLOOLY: And, yes, we are trying to work with you, and we do appreciate the addition of an IA sanitary system in this location, obviously, but trying to reduce the proximity to the Board of Trustees 39 December 17, 2025 bulkhead is the goal. MR. PATANJO: We tried it. TRUSTEE GILLOOLY: And we are looking at the same tough map problem. -- -- - MR. PATANJO:- And we don't do this plan with all these X's and these, we don't do that. That' s not normal. This is a weird lot. And that' s in an effort, so you realize the fact there is no other options for this site for a sanitary system. TRUSTEE GOLDSMITH: So where the proposed arbor and patio and hot tub -- MR. PATANJO: That' s not here. You're looking at an old plan. TRUSTEE GOLDSMITH: I know, but between the house and the garage, couldn't that be a location for the infiltrators? MR. PATANJO: No, it won't fit because of setback requirements and then also grading. So the house is, the heights of everything. You would not be able to do it because of setbacks to retaining equals, you'd need all retaining walls, you'd need full retaining walls, you'd need a full retaining wall system. TRUSTEE GOLDSMITH: But you are saying you don't have to put retaining walls where it is proposed. MR. PATANJO: No. TRUSTEE GOLDSMITH: But if you move it further backwards, you have to. MR. PATANJO: In the backyard, you would need retaining walls in the backyard, yes. You are talking in the back, in the southeast corner. In the rear of the house. TRUSTEE PEEPLES: Mr. Patanjo, why would retaining walls be required on the landward portion of the property and not on the seaward portion? MR. PATANJO: Because you don't have enough area to grade out. You need a minimum of 12 inches cover on top of the infiltrators and you would need to create a 5% max grade for 20 feet outside. So you don't have enough footprint in this area to create three rows, 17 feet long, and then grade out the system. It won't work. TRUSTEE GILLOOLY: Essentially here the bulkhead serves as the retaining wall that gives you the ability to grade it out. MR. PATANJO: No, the grading does. TRUSTEE PEEPLES: You have the area. MR. PATANJO: We have more area, so you build it up here and you flatten it out in each direction. TRUSTEE PEEPLES: So the location of the garage would actually be a good location for the IA system. MR. PATANJO: Well, anywhere is a good location if you have the area for it, however the garage is existing, it' s pre-existing and it' s part of the project. It' s part of the site. TRUSTEE PEEPLES: I understand. And we are looking at this as, we've already reviewed this property for a different permit, and now we are reviewing it as a full demolition. So while I don't necessarily want to propose that, that would be a potential Board of Trustees 40 December 17, 2025 location, correct? MR. PATANJO: Anywhere where there is free land would be a potential location. TRUSTEE PEEPLES: Okay, thank you. TRUSTEE GOLDSMITH: And, Mr. Patanjo, looking at your plans here, on the southeast side, retaining wall to be relocated and retaining wall designed by others. So you're going to build a retaining wall in that southeast corner already. MR. SMITH: I can comment on that. That was part of the plan when on that berm we were going to have all those ancillary structures, and there was no mention of that having to be removed by the ZBA, so I kept it there. But it was really there because you are going to have the jacuzzi, and -- TRUSTEE GOLDSMITH: And my question is if you need to build a retaining wall in that area, you are proposing to build a retaining wall in that area anyway, wouldn't that be a suitable location to build a retaining wall for a septic system? MR. SMITH: But just one comment, if you look at this, the numbers to the right that shows how much square footage you need for the system per Suffolk County, and that area of the southeast corner is 40% shy. It's like 270 versus 417. TRUSTEE GOLDSMITH: But I'm also seeing a 7 .14 over six-and-a-half feet, 7.1 elevation in that corner. So the depth to groundwater obviously will be a lot greater than that 3.7. So therefore you could potential go with the traditional instead of an infiltrator. MR. PATANJO: No. So if you look on that sheet with the "X" and the area we are talking behind the house and behind the garage, the total area that is highlighted with that "X", usable side yard area, based on the offsets, you'd need ten-foot from a retaining wall, you'd need five-foot from a property line that doesn't have a retaining wall. Right? So usable area based on that is only 252.37 square feet. If you go to the right of that, if you have, it requires three rows, 17 foot long infiltrators, that' s 417. 17 square feet. It doesn't fit there because of the setback requirements needed for an infiltrator system. TRUSTEE GOLDSMITH: But my question would be with that elevation do you need the infiltrator system, or do you have enough depth with the proposed retaining wall to then do something different. MR. PATANJO: Yes, so here is the thing. You need, now if we did it, you are proposing to put that infiltrator system back there? TRUSTEE GOLDSMITH: Not necessarily the infiltrator system. MR. PATANJO: Well, leaching galley system. You can never do conventional. Conventional will never happen. TRUSTEE GOLDSMITH: Exactly. MR. PATANJO: So you need an infiltrator or a leaching galley. It wouldn't work because now you would have to do a retaining wall because the first-floor elevation of the garage is 3.59. TRUSTEE GOLDSMITH: But you are already proposing a' retaining Board of Trustees 41 December 17, 2025 wall. MR. PATANJO: Well, you need a retaining wall around the whole perimeter. You need a perimeter retaining wall. If you look at the elevations on the property line, it' s like 4 . 5. Now I need a retaining wall on the property line. Well, good point. If you -- you are not really gaining anything because of the separation distance to the waterbody on that side of the yard also. And those elevations, if you look at the existing elevations on the property lines, 4. 42, 4.7. You go down behind the house, 4.4, 3. 97. You are still at the fours. We are all at fours. This whole property is pretty flat on the fours. It' s all four elevations. There' s no sevens. The sevens you are looking at, I understand what you are looking at. You're looking at the sevens, that's above that existing retaining wall. TRUSTEE GILLOOLY: And the reason we are at fours instead of marsh is because of that bulkhead, right? MR. PATANJO: It' s been there before I was alive, so I don't know. Probably not. It was probably built after I was born. Yeah, and that' s a good point. I understand where we are going with this, trying to maximize the separation distance, but based on that we are meeting groundwater separation, you still are going to have two-foot groundwater separation. Is that a major environmental benefit of moving it back here, when again, it' s not going to fit back there, and we can do an evaluation of that if you would like. But there is no room back there. We already looked at it. We looked at all the options. And we can do a layout, and I 'll show you, and we can have the office prepare this corner and show you what is required and show you what retaining walls you need. . I mean, it' s an effort that is not necessarily required because I know it won't work. TRUSTEE GOLDSMITH: So our concerns, obviously, you stated Suffolk County Health setback is 100 feet. Chapter 275 sanitary leaching pools is 100 feet. And we are proposing one ten feet from an already nitrogen-loaded creek. MR. PATANJO: Correct. And this is going to help with nitrogen loading. Because if this house remained and you utilize that existing sanitary system, which isn't a sanitary system. It's a pool in the ground, and remained in place it would be a negative effect. This right here is an increase in environmental significance as the county and everybody wants. IA systems. IA systems are good for the environment. TRUSTEE GOLDSMITH: 1000. And I don't disagree with you on that at all. Everybody is going to the IA systems. However I have never seen on our ten years on the Board an IA system or any system ten feet from the creek. MR. PATANJO: And I've never seen a lot this small. TRUSTEE GOLDSMITH: That's the concern that we have. And we want to exhaust every possibility. Again, you are talking about building retaining walls on a section of the property, you are Board of Trustees 42 December 17, 2025 saying you can't do certain septic systems because of the need for a retaining wall. However you are proposing a retaining wall. So potentially there is an option there. If you are building retaining walls already, to relocate the proposed septic system, whatever configuration that would be, infiltrator or not, to a different location that is further away than ten feet from the creek. MR. PATANJO: Right. So I respect what you say. The retaining wall that is in the back that is shown on this plan was solely for the purpose to maximize space to get the hot tub. It' s not necessarily a retaining wall for the purpose of sanitary systems. Sanitary system retaining wall, ,the Health Department requires ten-foot away from a retaining wall. The proposed plan, again, there is no room to put this leaching galley system or infiltrator system in that back corner. I would be happy to have you come to the office and we can -- TRUSTEE GOLDSMITH: No, I'm listening to you, but at the same time what I 'm hearing with that is if this property doesn't have room for a septic system, maybe this property doesn't have room for a house, which is the difficult part. You know, if you can't fit a septic system, IA or otherwise, on this lot, that is the challenge. And just ten feet from a creek in today's day and age, when the setback is 100 feet, it's just -- MR. PATANJO: So, I understand that. The Health Department follows Suffolk County codes, right? New York state codes, they have their requirements. They understand and they are cognizant of the fact that there's substandard lots there are pre-existing uses, there are pre-existing sanitary systems on them. They are trying to better the environment. They are making their judgments and their rulings in our favor to increase the environmental efficiency of this proposed sanitary system, which meets current codes, current requirements, other than the setback. There' s many setbacks -- TRUSTEE GOLDSMITH: Therefore, it doesn't meet all of them. MR. PATANJO: Many setbacks, some setbacks are not being met, however the county is okay, that's not really a fancy word to say. But the county has no objections to this system. They reviewed it multiple times. They are waiting for your permit, then it goes to the Board of Review and we've already talked to them and they said you guys are good, as soon as you get a Trustees permit you are good to go. This meets all of our requirements, and we are understanding of the fact that you are faced with a burden here. You have an existing house, and existing garage, a failing sanitary system. You are doing upgrades, you are bettering the environment. You are moving it further away from the waterbody, you are including a non-turf buffer and you are doing the best you can to keep the house as-of-right utilized. Board of Trustees 43 December 17, 2025 TRUSTEE GILLOOLY: I do, as one Trustee, understand the benefit of an IA system, but I think it' s worth. noting _that there still will be effluent that will be reaching the creek in this scenario. If you install the ten feet from the creek, likely there will not be enough space to treat the effluent before it reaches the creek, which is what we are trying to avoid. So I do appreciate the IA systems. I don't think they are a silver bullet in every area, so I think that' s why we're being thoughtful about this. I would request that you review all possible options on the landward side of the house because in this case I think that we are finding ourselves in a situation where you are saying there is one option and we are saying that option will degrade this natural resource, and so we are, I think that this Board wants to work with you and find a solution that would work for everybody. And we do understand the constraints of this lot. So I think further exploration would be needed here. MR. SMITH: I guess my only struggle is we did an in-depth feasibility study of every quadrant here. There is just not enough square footage. I mean, it says we need, if you do the infiltrators, you need like 430 square feet. That southeast corner is like 260. There is just not enough space there. The northeast corner doesn't work. The driveway just, from the elevation and space, it's just, you would have, you would have a mound four-feet high where a small driveway is. It just leaves one location that we've identified. We have improved that from what was submitted before. So we are doing the best we can with not a great situation. I just don't, we can say we can go back and look further, but honestly there is just, honestly, there is no other option. There is just no space on a 6, 900 square-foot parcel. Just one other question. Is there that much more of an environmental benefit if essentially, because there is bulkhead on 70% of this parcel. It's all bulkheaded. So suddenly if you move it somewhere else, and you could do it, are you benefitting at all? You are still going to be next to a bulkhead. So it' s just the nature of what we are dealing with. MR. PATANJO: Right. So if we did another evaluation of this, we can do that. We can color code it and we can show the existing ground. We can show the proposed leaching, the infiltrator units, the three -rows, 17 feet. Perhaps we can reconfigure it with different row lengths, you know, three or four at ten foot or four at nine foot, or whatever it might be. But again, we are going to come up with the same outcome. And we would be happy to do that. TRUSTEE GOLDSMITH: I for one would like you to take another look. I know we talked 'a lot about retaining walls and things like that tonight. And potentially a retaining wall in a certain section of the property that, where one is currently proposed, if there could be a different configuration of retaining wall, Board of Trustees 44 December 17, 2025 of whatever you can do, to maximize that distance between any proposed system and bulkhead, depth to groundwater, whatever the case may be. We just need to exhaust every option before we allow a system ten feet from a creek. And, like you said, if you can go up in elevation and use something other than an infiltrator or whatever, Mr. Patanjo, I'll put in on the record, you are a smart guy, I'm sure you can figure something out. So -- MR. PATANJO: So, you mentioned something, you mentioned raising the grade in separation to groundwater. If we can do something with regard to raising the grade and separation in the current location, to separate the distance from groundwater, if we raised it six inches, if we raised it eight inches, to gain instead of two ,foot, which is the minimum and the accepted by Suffolk County Health Department, if we had three separation of groundwater and we had more of a berm and more of a non-turf area, is that something that we can discuss? TRUSTEE GOLDSMITH: Explore every option. We want the maximum distance possible. Given the constraints, obviously, of this lot, we know it's a very constrained lot, but whatever we can do to maximize the protection of the creek and the wetlands and the environment, we want to explore all those options. MR. SMITH: And when you say maximum distance, are we talking groundwater, or creek? TRUSTEE GOLDSMITH: Yes. And all of the above. TRUSTEE PEEPLES: Mr. Patanjo, I would make one note, that while the previous permit issue by this Board is not relevant necessarily in this hearing, there was a non-turf on the entirety of the property. So in terms of your comments about buffer, that' s kind of something that at least based on the previous permit, that I for one, as a Trustee, would want to see that. I know maintained a very, very small piece of lawn, but I don't know that trading distance for a non-turf buffer is really relevant in this conversation. And I know that this, again, not wanting to design this for you, and not wanting to create any headaches for the ZBA or anything, but perhaps shifting the garage so that the setback from the property line is the same distance, but maybe that combined with what Trustee Goldsmith was talking about in terms of retaining walls and, you know, utilizing that depth, please expand all options. MR. SMITH: And when you say shifting the garage, what exactly are you -- okay, nothing specific in mind. TRUSTEE PEEPLES: Perhaps that might help. Yes. Just because obviously that usage is already currently on the property and we would not want you to lose that, however that seems to be a very good location. So if there is something that could be done. That's all. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? Board of Trustees 45 December 17, 2025 (Negative response) . Any other questions or comments? (No response) . Hearing none, I'll make a motion to table this application for further review regarding the location and separation of those-- septics. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI: Number 5, Joan Chambers on behalf of HALLOWELL FAMILY TRUST requests a Wetland Permit to remove the 262sq.ft. Pergola from the existing 548sq.ft. Seaward deck; on existing 2,248sq. ft. (First floor area) two-story dwelling, install new windows, doors and sliders throughout first and second floors, and replace existing where needed; construct three second floor additions for a combined total of 1,349sq.ft. Second floor; abandon existing septic system and install a new I/A OWTS sanitary system landward of dwelling; install gutters to leaders to drywells to contain roof runoff; and to establish and perpetually maintain a 15 ' wide vegetated non-turf buffer area along the landward edge of the top of the bank. Located: 1745 North Parish Drive, Southold. SCTM# 1000-71-1-16.2. The LWRP coordinator found this to be consistent. The Trustees visited the property on the 10th of December, and noted that potentially the drywell on the west side should be moved landward or to the line with the landward side of the deck. Is there anyone here that wishes to speak regarding this application? MS. CHAMBERS: Joan Chambers, I live at 895 Greenfield Lane in Southold, and I'm here to represent the Hallowell's. Just as a little overview, the Hallowell's lost everything in a California fire, and they relocated to the wonderful North Fork. What a great choice. But I was really happy to see that they are understanding of our unique environment here. One of the first things they did was decide to put in an IA system, which has been approved. We have the permit for it. And they hired a very good architect who managed to give them what they want to do with that house without expanding the footprint of that house, by going up with the three dormers, and doing a renovation on the inside and some repairs to the house, with the exception of the old rickety pergola which they want to tear down. So basically we are all here to answer any questions you may have. TRUSTEE KRUPSKI: Any questions or comments from the Board? Or anyone else that wishes to speak regarding this application? (No response) . Board of Trustees 46 December 17, 2025 Hearing none, I make a motion to close the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI: I make a motion to approve this application as submitted. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES) . MS. CHAMBERS: Thank you, ladies and gentlemen. TRUSTEE SEPENOSKI: Number 6, Sean Madigan, AIA on behalf of STEVEN GUDDAT & TORREY ACRI requests a Wetland Permit to construct a 203sq.ft. Two-story addition onto the existing two-story dwelling for a total gross floor area of 2, 193sq.ft. ; demolish existing 782 deck and replace it with a new 1, 671sq. ft. Deck with a bbq area; construct a 827sq. ft. Pool with a 465sq.ft. Surrounding pool patio, 4' high pool enclosure fencing with gates, pool drywell and pool equipment area; construct a new 2, 365sq.ft. Permeable gravel parking court with 55sq.ft. Cobblestone entry apron; and to establish and perpetually maintain a 10' wide non-turf buffer surrounding the landward edge of freshwater wetlands. Located: 36581 County Road 48, Peconic. Located: 1000-68-4-23 The Trustees visited the site on the 10th of December. Notes from that inspection read: Two-story addition appears to have been built already. Confirm as-built fees. Ten-foot non-turf buffer should be vegetated The LWRP found the project to be inconsistent with Policy Six, recommending a buffer to ameliorate the environmental disturbance. Is there anyone here wishing to speak regarding the application? MR. MADIGAN: Sean Madigan, on behalf of the applicant. So this was a previously-approved application back in 2021. I'm not sure .who of you were on the Board then, but what happened was this project timed-out in terms of construction variation and so we had to re-apply for this permit. In the re-application process we also eliminated some scope due to budget overruns, and so several of, and I won't list everything, but you see it in the application. But the previously-proposed garage, previously-proposed pool cabana and associated roads and driveway gates were removed from the previous application. That was also a pretense for needing this new application because the final design no longer matches the previously-approved application. So we ran out of time and we are changing the design to reduce the impact on the environment. But other than that, the application is essentially the same as it was. The current progress is the house addition has been built as you saw onsite and really what remains to be done that is within this Board' s Board of Trustees 47 December 17, 2025 jurisdiction is the deck and some exterior cladding that has not been done. TRUSTEE SEPENOSKI : Could you speak to the as-built fees for the visit? The whole thing is built, right? MR. MADIGAN: What do you mean the whole thing? The whole project? TRUSTEE SEPENOSKI: When we went here it says requests a wetland permit to construct a two-story addition onto the existing two-story dwelling. And we went into the field and noticed that it seemed to be already built. MR. MADIGAN: Yes, the two-story addition is constructed and complete other than the cladding on the exterior, and some interior work. TRUSTEE GILLOOLY: Perhaps it' s a question for legal. This project was already built, but subject to a previous permit, so would this new permit -- sorry, Lori. This project was already built pursuant to a previous permit in 2021, however the permit expired and so they are reapplying. And in the meantime the house was built. So would this be subject to as-built fees, or -- TRUSTEE HULSE: Did it expire with the two-year or the three-year? Was it given that one-year extension? TRUSTEE KRUPSKI: It's well past that point. MR. HULSE: Okay. MR. MADIGAN: September of 2021 is when this was approved originally. TRUSTEE GILLOOLY: Would it be subject to as-built fees subject to a new permit, or is it -- MR. MADIGAN: So, I just want to clarify. The construction stopped. All exterior work stopped when our permit expired, so. TRUSTEE PEEPLES: And you did not apply for a one-year extension? MR. MADIGAN: I'm sorry, I was -- this was under Bruce Anderson, and he retired. So I'm the architect on the project, so I don't know what happened. I do know one one-year renewal happened. I don't know how many of them. But there was at least one renewal that I have )on file. TRUSTEE PEEPLES: All right. Thank you. TRUSTEE SEPENOSKI: All right, so put that aside for a moment. -I think your plans from October loth, 2025, do show a ten-foot wide vegetated non-turf buffer surrounding the freshwater wetlands. That speaks to the LWRP' s concerns. I have no other comments to make on this but I welcome comments from the public or members of the Board, if they have any. (Negative response. ` TRUSTEE SEPENOSKI: Hearing no further comment, I make a motion to close the hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: I make a motion to approve the application as Board of Trustees 48 December 17, 2025 submitted, noting that the addition of that ten-foot wide vegetated non-turf buffer surrounding the freshwater wetlands speaks to the inconsistencies that the LWRP coordinator found and has reviewed the application, so thereby this plan brings it into consistency with that policy of the LWRP. . TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 7, David Snowdon-Jones on behalf of PETER STEIN & ALLISON KRONICK STEIN requests a Wetland Permit to demolish and remove the existing dwelling, foundation, wood decks, wood fence, low stone wall, and stone path; construct a new 3, 135sq. ft. Two-story dwelling that includes a 16.21x10. 10' covered porch, a 211x4. 6' northwest covered porch; a 5.5'x8 .3' front deck, 5.1'x9.2 ' front entrance steps, 51.81x10. 1' at grade patio, 38 'x2' wood steps, 15.5 'x4.5' and 12. 4 'x4 .4 ' second story balconies; install a new permeable gravel driveway; install a new I/A sanitary system landward of dwelling; any excavated fill to be graded out on the landward side of the property; existing 15' wide non-turf buffer; and to remove three (3) trees and replace with three (3) native hardwood trees. Located: 63417 County Road 48, Greenport. SCTM# 1000-40-1-18. The Trustees most recently visited the site on the 10th of December and noting that a vegetated non-turf buffer should be placed at the top of the bluff. We are in receipt of updated plants depicting that buffer. The LWRP reviewed this application but perhaps a previous version of the plans, because it found it to be inconsistent, noting lack of IA system, which actually is part of this project now, and noting the need for a buffer, which now is part of the application. Is there anyone here wishing to speak regarding this application? MR. SNOWDON-JONES: Yes. David Snowdon-Jones, 85 Willow Street, Orient, on behalf of the owners Peter and Allison. TRUSTEE GILLOOLY: Great. I think the only outstanding question we had after reviewing this at work session is regarding the trees at the top of the bluff. Is there any intention of removing any trees within the Trustee jurisdiction? MR. SNOWDON-JONES: There is not. TRUSTEE GILLOOLY: Okay. Is there anyone else here wishing to speak regarding this application? MS. MOORE: Patricia Moore. I'm actually, I represent the two neighbors on either side. My clients on the west are Spillane. Their house is -- both neighbors are precipitously on the bluff. So, but their homes are pre-existing. The Spillane' s on the west has been there for 40 years, and the Campbell' s on the east have been there for 25 years. Both of their homes are pre-existing. They understand Board of Trustees 49 December 17, 2025 that they have to be very careful with doing anything to their property because their properties, the homes are, really can't be modified. They are right there on the bluff. They met with the applicants, so what I'm telling you is what they also told them, because of the concerns they had. First, they ,wanted everyone to know that they support their neighbor' s efforts of putting a house here. That is not the issue here. What happened is that they bought the property from the prior owner, and at the time -- looking for the woman's name -- I'm looking for her name. In any case, she was elderly. She could not afford to put a revetment, but after the last storm the bluff was affected, and for me, both my clients and their owners on either side of them put in a rock revetment at the toe of the bluff because of the erosion that has been occurring to the bluff. This particular property was, that work was not done. The prior owner could not afford it. And the first thing that my clients, when they sat down with this, with Mr. and Mrs. Stein was, listen, before you invest and put all this money into the house and build what you want to build here, please address the bluff, address the erosion that is occurring, and please, go in with an application, submit an application, because it does take a long time for the rock revetment to continue 'from the east to the west. What you have is a bite mark of this property that doesn't have the rock revetment, and you have the rock revetment on either side. So this property, what has happened is between the stormwater at the top, which is creating gullies down the bluff, and erosion of the toe of the bluff, this property has erosion. And their erosion is impacting the adjacent properties that have actively tried to prevent this erosion. So first and foremost, both neighbors are asking the Board to please consider pausing this application until the owners submit an application to DEC and the Trustees to complete the revetment at the toe of the bluff. That will protect this property, it will protect ultimately this investment of the family to put in a new house. It seems crazy to invest that kind of money, what could be easily a million dollars to build a house here. It is a demolition, a reconstruction. So the fact is that there is a new foundation going in, which means that the existing -- I'm sorry, are you listening or are you being advised? TRUSTEE KRUPSKI: We are definitely listening. MS. MOORE: Okay. Sorry, Lori. I'm not usually here on behalf of opposition. Here, it' s, they spoke to the owners, they tried to emphasize to the owners, that they have been there for, as I said, 40 years. They know the condition of the bluff, and for their own protection, please protect the property. So in this, the plan that has been submitted is a demolition/reconstruction. So the existing house where it is c Board of Trustees 50 December 17, 2025 proposed, they are being sent to the Zoning Board because of setbacks. With a new foundation, the location of the house could be put in a conforming location. If they want to be closer to the top of the bluff, well if they had a protective -- protection of the toe of. the bluff, then the Board certainly would consider it. But the fact is that where they are proposing to build the house, with the condition of the bluff, is risky. Ultimately we are hoping that when they get to the Zoning Board, because, again, that's an issue for the Zoning Board, the side yard setbacks, we are hoping that they will be persuaded that since it's a brand new house, fix the setbacks, don't build on top of your neighbor. And I explained to my clients that is really not your purview, although the fact is that its location, where it is, even the side yard setbacks, are within your jurisdiction. So that is something you could consider. But more importantly the setbacks to the top of the bluff, when the bluff is not protected, is of utmost concern to my clients. I did notice and I don't know if the Board has, and I'm sure from your inspections you've observed the condition of the bluff, but the survey here has no topographic feature, so you don't see where you have the gullies running through the bluff, and the topos don't show the eroded toe of the bluff. If that was on the survey you would be able to see it very clearly, the condition of the property. Last but not least, again, an issue that I'm letting you for when you go to the Zoning Board, the prior owner built their pool equipment right on top of, over the property line, she was a little loose in her construction. So we, again, these are things that they've talked to the owners about. They don't have any indication that it' s going to be corrected, but you have pool equipment that is encroaching on the neighbor' s property. We hope that that will be addressed. Those are our major concerns. Really, the protection of their properties is, of my client's property, relies on the preservation of this property. And we are hoping that you will try to persuade them that in their best interest they should look to preserving this property, controlling the runoff and the erosion before they invest as they are with a brand new house. Thank you. TRUSTEE SEPENOSKI: Was it ever part of the discussion with the prior owner to finance the construction of a revetment at the adjacent owner' s expense? MS. MOOR: Yes, I've had clients that have done that, but these clients are not quite to that level of wealthy. They have been there for a long time, 40 years before the houses were multi-million dollar homes. So, yes, the prior owner, that' s been a solution in other cases where very wealthy neighbors are able to subsidize or at least pay for. Board of Trustees 51 December 17, 2025 In this case the owner I think was planning on selling it, and the condition, I mean the signs saw the condition of the property and I'm sure it's part of their consideration as how much of an investment they have to make to preserve this property, so. TRUSTEE GILLOOLY: Well, thank you, very much, for your comments. MS. MOORE: Thank you. TRUSTEE GILLOOLY: I will say that in previous projects we have encouraged homeowners to take a look at the toe of their bluff because, you know, as Ms. Moore just said, this is the way of ensuring the longevity of the investment that you are making here. In this particular case, we are bound by the pier line, and we are looking at the pier line in this case, and the two adjacent neighbors who are making the request of further marching landward, I. understand, but they are also at the same time creating a very generous pier line. And in this case, while it is a demolition, and we always do encourage property owners to look at the possibly of relocating landward, I as one Trustee believe that this 76-foot setback is reasonable, considering the location of the existing house. And I welcome other comments. TRUSTEE SEPENOSKI: Mr. Jones, do you want to respond to any of the comments? MR. SNOWDON-JONES: Yes. Thank you, so much for sharing the neighbors' concerns. So one of the things we actually did when we were doing this, we actually did look at the toe of the bluff with an environmental specialist who pointed out that a lot of the erosion was actually coming from the top of the bluff. So in designing this what we have done is all the rainwater that is captured on the roof, which had shared with you on the side, will be captured away, landward side. So because of the nature of the soil consistency on the top there, it pours on top of the clay and creates these gullies down the bluff. So by capturing all the roof water runoff and putting the drywells on the landward side of this, which is on your drawings, we are able to address that to the best degree that we can. The other thing we wanted to do is as this hole in the ground, with a substantial foundation where that house is, we want to keep the house exactly where it is. We don't want to mess with the topography, so I showed you all where the topography goes off on one side of the house. It' s awesome. We want to keep it like that, not add land there and move the house over into it. So we have been mindful of all this, and we completely get the neighbor' s concerns. And, yes, they've given us a generous pier line to kind of work behind. I promise you, we are being as mindful as possible, and thoughtful on working with you on this. That is their concern as well. They intend to have this Board of Trustees 52 December 17,2025 for generations, and so we have been thoughtful and mindful of our neighbors. TRUSTEE GILLOOLY: I appreciate that. And we did discuss some of the runoff, and in this case, you know, have the current owners considered the idea of a revetment at the toe or is that not something that is being considered in the future. MR. SNOWDEN-JONES: They are considering it in the future. The next step in this process would build to build them a family home. You know, so this is where they would like to invest. Currently building a family home, it gives them time to study the bluff, study the revetment and everything else. So in the future I 'm sure it will be on the table. I don't know when that is, but for now the focus is on being mindful of placing the house in a location that has the least amount of impact on the environment. TRUSTEE GILLOOLY: Thank you. 'Is there anyone else here wishing to speak? ' MS. RIGDON: Agena Rigdon, DKR Shores. I will be actively, I was hired as the environmental consultant and bluff stabilization expert. I have been doing this for 35 years. I will be working with the homeowner to design the revetment for them, with typical terracing and restoration plantings. Also we have had current surveys, and engineers have been hired to plot existing topography, to aid in that project in the future. The project has as letter of non-jurisdiction from the DEC. We also have an engineering plan to the Health Department. We are going before the Zoning Board on the 8th and they are looking for this Board' s blessing before they hear the project. If in fact we have any changes upon that hearing we will come back before the Board, of course, with any revisions. The engineer that was hired has planned some substantial runoff and drainage for the project as well as the new IA sanitary system. So the goal is to minimize the disturbance. The owners are okay with the 15-foot non-turf buffer area, native plantings at the top of the bluff as well. So we have consider that and consented to that as well. And also gutters and leaders leading to drywells. That' s also in the plan. Keep in mind a lot of the stuff is outside of your jurisdiction but we wanted to advise you that all of this is potentially going on to reduce the amount of runoff going over the top of the bluff and in the ground seeping through to come out to the bluff. So we are looking at this from all aspects and all corners. And I'll talk to them about that pool equipment, moving it ten-feet away from the property line. We'll have to add that. If the Board has any other comments or questions, environmentally or otherwise, I'm always available. TRUSTEE GILLOOLY: Thank you. Are there any other questions or comments? Anyone else here wishing to speak? Board of Trustees 53 December 17, 2025 (No response) . Hearing none, I 'll make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I'll make a motion to approve this application subject to the preservation of all trees present within Trustee jurisdiction, and if any tree must be removed in the future, it will be subject to review by the Board of Trustees with a tree letter, and with the inclusion of the IA system as discussed; inclusion of the vegetated non-turf buff, will thereby bringing this into consistency with the LWRP. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: Number 8, AS PER REVISED SITE PLANS RECEIVED 12/15/2025 Krista Jones on behalf of WILLIAM & ERICA WHITMIRE request a Wetland Permit to construct additions and alterations to the existing two-story dwelling consisting of removing existing screened porch, extend foundation ±56 sq.ft. And construct a new ±101x20' screened-in porch with entry steps; construct a 47sq.ft. (Footprint) one-story addition; construct a 95sq.ft. (Footprint) two-story addition; reconstruct portion of a ±14' long wall to add a sliding door and a proposed ±8 'x6' entry platform with steps; and to install a drywell to contain roof runoff; and to establish and perpetually maintain a 15' wide non-turf buffer along the northern property line. Located: 960 Marratooka Road, Mattituck. SCTM# 1000-115-9-8.1. The Trustees most recently visited this site on December loth, 2025, and Trustee Goldsmith noted a 15-foot buffer from northerly property line. The LWRP finds this project to be consistent. Is there anyone here who wishes to speak? MS. JONES: Hello. Krista Jones, on behalf of the homeowners, here to answer any questions. TRUSTEE PEEPLES: So, just to address the comments made in the field, I do not believe we received any updated -- the 15th. Yes. Hold on. Bear with me. TRUSTEE GOLDSMITH: I believe we did get new plans that show the buffer as indicated TRUSTEE PEEPLES: Yes, they do show. Thank you. I put these aside. They are quite large. So, thank you. Is there anyone else here who wishes to speak, or any other questions or comments from the Board? (No response) . Hearing none, I make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . Board of Trustees 54 December 17, 2025 TRUSTEE PEEPLES: I make a motion to approve this application as submitted with the revised plans dated 12/15/2025 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 9, Karen Hoeg, Esq. On behalf of PHILIP LORIA requests a Wetland Permit to construct a new two-story dwelling (1, 023sq.ft. ) On pile foundation with a 57sq.ft. Covered front entry deck and steps, a 90sq.ft. Rear balcony and steps; install a gravel driveway and parking area; install an I/A OWTS sanitary system; and proposed 219sq.ft. , 217sq.ft. , 883sq. ft. , 92sq. ft. And 47sq.ft. Areas to be vegetated using native plantings. Located: 1090 First Street, New Suffolk. SCTM# 1000-117-7-31 The Trustees conducted a field inspection December loth, 2025. Notes: The project was not staked. Very large scope of project given the size of the lot and proximity to wetlands. The project is located +/- 30 feet from Cutchogue Harbor. Septic on a house of this size would be major concern. Question on retaining walls. Question depth to groundwater. The LWRP found this to be inconsistent. The inconsistency -- wrong one. The inconsistencies are, under Policy One, the proposed actions will significantly alter the character of the historic New Suffolk working waterfront. Under Policy One, excuse me. Under Policy One, the proposed actions are inconsistent with the historic, rural, maritime character of the adjacent property and the overall esthetic of the New Suffolk waterfront. In addition to this the proposed structure will significantly block a longstanding view of Peconic Bay. Policy Two, preserve historic resources of the Town of Southold, the proposed actions will significantly alter the character of the historic New Suffolk waterfront. Policy Three, enhanced visual quality and protect scenic resources throughout the Town of Southold. The proposed actions will significantly degrade the visual character of the historic maritime waterfront of New Suffolk. Under Policy Six, protect and restore the quality and function of the Town of Southold's ecosystem. The plan includes property improvements that are inconsistent with the requirements of Chapter 268 Waterfront Consistency Review, based on construction of a residence less than 100 feet from the wetland boundary. And Town Code Policy 275-3 findings, purpose, jurisdictions and setbacks. The plan does not meet the minimum setback of 100 feet from the wetland boundary for new residential construction. Under Policy Nine, provide for public access to and recreation use of coastal waters, public lands and public Board of Trustees 55 December 17, 2025 resources of the Town of Southold. The proposed actions will significantly block an historic view of Peconic Bay. We also have a number of letters in the file objecting to the application, the first one is from a Linda and Paul Oriamma (sic) , they have concerns about the flooding and the great harm to our waters and the marine life that live in it. There is an extensive letter here from Andrew J. Campanelli, Campanelli & Associates PC, on behalf of Steve Katsoulas, objecting for a number of reasons to the proposed. And then there is also a letter in the file from Arlene and Frank Castalano objecting to the proposed project as well. Is there anyone here wishing to speak regarding this application? MS. HOEG: Yes. Good evening, Board members, Karen Hoeg, from Twomey Latham, on behalf of the applicant Philip Loria. I just wanted to make some comments. I know the field inspection on December loth, the property was not staked. I was able to get a surveyor out there yesterday. The property is now staked. I submitted a photograph of the staking as well as a sketch plan showing the location of those stakes. And each stake is denoted with what area it staked. So it will be easy for everybody to see exactly what the stakes are referencing. I just wanted to give a little background here. We did get ZBA approval on June 18th of 2025, after the result of several public meetings and modifications which were made to address neighbors' comments. Most of the neighbors sounds like are part of those letters, which I have not seen. The ZBA granted variances for a front yard setback of 13.2 feet to the dwelling, and 8 .2 to the entry steps and stoop, where 35 is required. And rear yard setback of 31. 6 feet was granted, where 35 minimum setback is required. The rear yard setback on the westerly corner of the proposed dwelling is conforming at 35.2 feet. The project complies with lot coverage and also complies with the side yard setback. In the Zoning Board determination there was a reference to the LWRP at that time, which contradicts a little bit of some of the comments that you read in the LWRP a few minutes ago. That LWRP determination and as referenced in the ZBA decision, noted that the proposed residence which is subject to FEMA height requirements and installation of a Health Department approval IA sanitary system is consistent with the Local Waterfront Revitalization Program. There was a DEC letter of non-jurisdiction which we submitted as part of the application. We did also submit the Zoning Board determination as well. In terms of the Health Department, as we know the Health Department is charged with the responsibility of safeguarding our groundwater. They granted approval for an IA system. Over Board of Trustees 56 December 17, 2025 the course of several years with the Health Department engineers, myself and Butler Engineering regarding trying to find a location to site a compliant IA sanitary system, we were also able to convince the Health Department to move forward with - a Board of Review variance hearing, as opposed to getting the standard letter of NOI waiting for approval from the Trustees so that we can get the Health Department to look at the system. We had set the system back at, you know, it' s as far landward as it can possibly be sited on this property. And the Board of Review issued a decision on December 12th of 2023, after having a hearing. That is also part of the submitted application. The reason for the Board of Review hearing was to seek a variance as the 100-foot distance could not be maintained for the sanitary leaching structures and surface waters could not be met, and that the effluent pump station to surface water needed to be at least 75 feet. The Board approved the low nitrogen sanitary system as designed and noted the soil conditions were acceptable. But most importantly they noted that the separation distances between the proposed sanitary system and surface waters have been placed in the best possible location to maximize separation distances for the protection of surface waters. The site of soil and groundwater conditions that will permit the operation of the new IA system and the proposal should not result in the degradation of groundwater quality. The Board of Review determination also stated that the variance should not impair groundwater, surface water and drinking water supplies and was consistent with the sanitary code criteria. It noted that the granting of variances would not adversely affect the design of an adequate onsite water supply or sewage disposal system, taking into account soil conditions, depth of groundwater and site-specific physical conditions. The last Health Department notice we received was July 17th and that stated that the Board of Review approved the variance request, and prior to issuance of a permit to construct by the Health Department, a Town of Southold Trustees wetland permit is required. And the Trustees permit is the only open item. I did confirm with our engineers after seeing the field notes that the system that was approved is the minimum system for an IA system. So whether it's a two-bedroom house or three-bedroom house, it doesn't matter. The minimum system that can be designed is for a three-bedroom house, and that is in relation to a pre-cast system as well as a low-nitrogen system. The field notes also asked about a retaining wall, and there was none proposed. The applicant is also proposing native plantings. I believe they are shown on the site plans as the front and the side. They were happy to, you know, if the Board Board of Trustees 57 December 17, 2025 wants to have any conditions regarding or discussion regarding any further buffering, you know, that is something that we are agreeable to as well. So, I'm available to answer any questions that the Board may have. I know there is a lot of history here between the - Health Department and the Zoning Board of Appeals, and I know that, you know, there was not much discussion at the work session since the property was not staked. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? Yes, ma'am. State your name, please. MS. AURIEMMA: Good evening. My name is Linda Auriemma. I live in New Suffolk. I lived in New Suffolk now for 40 years, the last 15 full-time. And I wrote a brief little letter today but I have a few more things I need to say. I live about a half mile from the property, so it doesn't affect what my water view might be since I don't live over there. But, the last four years, the residents of New Suffolk, myself included, have been fighting this house that we feel is so wrong for our Main Street on New Suffolk. It' s two floors of living space but when you look at it, it's a three-story house. Because the first story is raised on pilings. So it's very tall, not pretty, and it will block our views. Everyone' s views. Visitors and residents alike. .We. feel like it' s a catastrophic environmental impact, not only for the views but also for our water because this lot is maybe 60-something feet deep, and there is no way they can meet any of these setbacks for the septic system. And as Ms. Gillooly mentioned before, effluent is going to go into the bay. It's only 30 feet away from the water. The whole thing is woefully short on the septic setback. During Superstorm Sandy, this area was wrecked by flood waters. The house next door suffered severe damage. Right next door to this property. It flood the terribly. They had to get a whole re-do, which turned into sort of a disaster as well because now the house got even higher because of the flooding that took place there, and it's, you know, an eyesore, to say the least. Sometimes a house shouldn't be built because the lot is not big enough for a house. Does that ever happen? I mean, this is 0. 14 of an acre. When is a lot too small? It can't meet any of the setbacks for the septic. It still didn't meet the setbacks for the front and the rear. There is no existing house there. There is no septic system to upgrade, to make it better. There is nothing there. So we hope you'll deny this permit and not allow them to build this house in our Village. Thank you. TRUSTEE GOLDSMITH: Thank you. MS. HOEG: Can I make a few comments in regard to the neighbor' s comments that she made? Board of Trustees 58 December 17, 2025 So, one, the reason, there was no height variance required by the Zoning Board. The house is compliant with height. In terms of the water views, there is New York case law, you are not entitled to a view of light and air. That has been well-discussed, and the Zoning Board even mentioned that as well in their determination. It' s a buildable lot. It' s in an M-2 zoning district. Residential use is a less intensification of the use than any of the other uses that are or could be possibly in that zoning district, such as a residents, a marine repair shop, a boat storage facility. Any of those kind of uses would also likely require a sanitary system of some form. And as I mentioned previously, the Board of Review of the Health Department has reviewed this and has issued its approval. So, you know, this was not taken lightly when we were designing this house. Essentially what we ended up doing was designing the house around the sanitary system. We needed to be five feet off the road, and we needed to meet the five-foot separation. We were able to get an expansion galley in here as well. So great care was taken into trying to keep the house as a modest-sized house, maintain all the setbacks as much as we could from the bulkhead. And, you know, if you look at the site plan you can pretty much see the house and the sanitary are as close to the road as possible. And, you know, we are in line, well, we are actually landward of the pier line in connection with the neighbor's house. In regard to the flooding, that is the reason why we are raising the house, to comply with any potential flooding issues. The house is going to be set on pilings. And that' s really all I have to say. As I said, I have not seen all the neighbors' letter. I would like an opportunity to review those. I'm happy to answer any questions the Board may have. TRUSTEE GILLOOLY: Ms. Hoeg, just one question. I think you mentioned that this property was not subject to the pyramid law, which was set in place in April of 2022. MS. HOEG: That's correct. The Building Department determined that the property, because it has been held up in Health Department for so many years, was grandfathered under the old code. That was determined by the Building Department. TRUSTEE GILLOOLY: So three-and-a-half years after the legislation was passed it has no bearing on this project. MS. HOEG: That was the determination. That' s correct. TRUSTEE GILLOOLY: That' s unfortunate, in my opinion. MS. HOEG: Well, we just, no one expected the Health Department to take so long in their review process, and as I said -- TRUSTEE KRUPSKI: Do you know why they took so long? Because it's 30-feet from the bay. At very low elevation. So while your original testimony here tonight is Board of Trustees 59 December 17, 2025 insinuating, oh, it was no big deal, the Health Department said it was no problem. It took five years for you to get it through the Health Department. So it is a big deal and it is a problem. MS. HOEG: Well, the issue with the, and not that it' s an issue, but in designing a house on a property such as this is that when the engineers put the sanitary system in place it was in line with the neighbor' s sanitary system, which is a conventional system, and when we met with the Health Department engineers, that was not satisfactory. So we were coming up with alternatives. And this was even before the house was designed, on where you could place the sanitary system, where it would be as far from surface waters, where it would meet the Health Department requirement, meet the two-foot separation to groundwater. So there was a lot of engineering involved, which is a little bit out of my wheelhouse, but the engineers took great care in coming up with a system that was satisfactory to the Health Department, and explaining to them the concerns we knew that the Town would have, they agreed to allow us to proceed with Board of Review prior to that. So if there is any specific engineering questions that the Board has, you know, I can try my best to answer them but if not, I would have to ask one of our engineers come to the meeting TRUSTEE GOLDSMITH: So, Ms. Hoeg, obviously we have a very extensive inconsistency from the LWRP. And, as you know, this Board needs to have something consistent in order to approve it going forward. So I know you asked about reviewing the letters from the neighbors -- MS. HOEG: As well as the LWRP since I have not been provided with a copy of that as well. And I notice that the pending application is not listed on the Town' s web link. TRUSTEE GILLOOLY: That' s due to a recent cyber attack. MS. HOEG: No, I understand that. TRUSTEE GILLOOLY: And I also just want to mention that any time you would like to see a copy of an LWRP, please reach out to our office to be provided with a copy. TRUSTEE PEEPLES: And while we are waiting for other public to comment, I would like to just add that while this is zoned M-2 and residential is an allowable use on this property, I, as one Trustee and an oyster farmer, there is an incredible diminishment of working waterfront available in this town and the ability for this to be used as working waterfront parcel I think has great value for the town for its heritage and going into the future, so. TRUSTEE GOLDSMITH: Yes, sir. MR. KATSOULAS: My name is Efstathios Katsoulas. Okay. Good evening. I live across the street. Okay, at 1175. I see that place there for 40 years. I bought the place actually 39 years, back in ' 86. I did some improvements. Every Board of Trustees 60 December 17, 2025 nor'easter it floods. With Gloria, not Gloria, the last, 2012. Sandy. Gloria was older. The water was five feet in that street there. I mean it was a disaster. Now, she mention something about the neighbor David Becker. He just bought the house. Well, actually, the previous owner did that, they raise the house and the new sanitary system. Okay, that is existing house. It was there from the ' 40s. So they had to upgrade the system. What are they going to do, knock down the house? Now this is a new house and we have new codes, building codes, and how can the Board of Health approve that? Oh, it' s fine, it' s good. Yes, who knows. They going to live there? No. We going to live there. So how can they approve, when the area is 75 feet from the water, the septic tank. Between 75 and 100 feet. It has to be. I mean the property that small, I 'm sorry, I mean it was bigger. I bought the house from Phil' s father, and I know Phil for 40-something years. More than that. So, but the property is just too small to build a house. And it' s going to look monstrosity there. Because 35. Thank you, for listening. TRUSTEE GOLDSMITH: Thank you, sir. MS. SCHNITZLER: Hi, my name is Barbara Schnitzler, I live in Old Harbor Road and New Suffolk. When I was listening to the LWRP, I was reminded of all the reasons that the New Suffolk waterfront fund, which many of you are familiar with, did what we did and worked so hard to preserve our waterfront in our historic town. We raised money from over a thousand people. So this is not just a little board making a little decision. This is a very widespread effort. And that effort paid off. We have a lot of open space. I think our lot coverage is about 4%. Anyway, I could give you a lot more statistics, but I won't bore you. We did the right thing. And the right thing to do on this tiny little parcel of land that Phil Loria owns, is to convert it to working waterfront again. There is even, as you know, there is money available to do this, sort of like the farm preservation money. We just, also, the same list of items that the LWRP brought up, were some of the same things that we said in our letters to the ZBA. There were a lot of letters to the ZBA. I thought they would be passed to you guys, too,. but I guess not. So we can get you those letters if that is helpful. We can get them for you, too. You probably read them. There were lots. There was a lot of community outcry about this project, so, thank you. TRUSTEE SEPENOSKI: Ma'am, what was the result of the ZBA again? ZBA approved it? MS. SCHNITZLER: The ZBA approved, yes. With variances. They had to give them, I think you needed two variances. MS. HOEG: Yes, the ZBA decision, there was a grant of a front yard setback as well as a rear yard setback on the northeasterly Board of Trustees 61 December 17, 2025 side where it hit the stairs going to the rear of the house. ' The side yard to the south was compliant at 35 feet and then we also needed a front yard variance in order to get to the stairs to get to the access into the house. __ . MS. SCHNITZLER: Right. And there was no height variance required, but the house is, although it' s considered a two-story house, because the piles are going to be covered, it appears to be from the street, which is I don't know how many feet away, it's very close, a three-story house. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? MS. HOEG: I just wanted to comment that if it was a three-story house we would have had to get a variance for it, and that was not required. MR. KATSOULAS: Hello again. Okay, can I speak? TRUSTEE GOLDSMITH: Yes, sir. MR. KATSOULAS: Also about three, four years ago, we got about couple hundred signatures from residents in New Suffolk to deny this project. And if you are interested, I have the letters from the people who sent on May, I have them actually outside. If you want I can go to my car and get them and hand it to you. TRUSTEE GOLDSMITH: So, sir -- MR. KATSOULAS: If that's -- TRUSTEE GOLDSMITH: You can submit any information you want to at the Trustee office. We can't accept it right here at the dais. But we have a request from the applicant for time to reference those letters that were stamped received today. So -- MR. KATSOULAS: Those letters are previous from ZBA. TRUSTEE GOLDSMITH: Yup. So if there is going to be a potential table on this for more information, this hearing, this file, this everything, will be kept open for at least another month for submission of any additional paperwork, for review of the current paperwork that we have received, and give another opportunity for public comment potentially at a future public hearing. MR. KATSOULAS: Okay. MS. HOEG: I would just like to comment that the petition that was circulated was for a different project. The house had been significantly, this application that was before the ZBA an approved, that also went to the Health Department, was for a smaller house, was for a house with greater setbacks. At the time that that petition was circulated, there was no Health Department approval, there was no sanitary system even designed. That approach to designing that project was let's put a house, let' s go to ZBA, without taking into account where are we going to put the sanitary. And I will tell you, when Mr. Loria came to me on this project, I said to him, before we start, you know, talking about your house and your footprint, we need to figure out where we can put a compliant sanitary system on this property, because of the complexities of it. Board of Trustees 62 December 17, 2025 So what' s being referenced was all part of the Zoning Board application, it was a prior application. It was not the one that they just approved. It really had no relevance here. And some of the signatures were, you know, I saw the sign myself up at Handy Pantry years ago. So people were just signing it, whether they agreed or disagreed, they were just people from all over town signing it, and it was there. But it was for a different project. TRUSTEE GOLDSMITH: Okay, it was for the same house. They just made it a little smaller. So what, they going to build a house with no septic system? So you try to say you build a house with no septic system? You got to put a septic system. So now is the whole thing about the house, was the petition, it was the property was too small to build a house. You going to do a septic system anyway. TRUSTEE GOLDSMITH: So, sir, if we do end up tabling this application for future, you can submit any information that you feel is relevant and we'll include it as part of the file. MR. KATSOULAS: You have all the brief there, my attorney has, you know, wrote everything down. TRUSTEE GOLDSMITH: Yes, sir, I reference that. It' s an extensive letter that has been reviewed, but we didn't read the whole thing in tonight. Obviously. But again, we have received that letter today, December 17th, and so -- (The speaker is asked to not speak over the Board members) . pursuant to 275-8 (C) , files were closed seven days ago. So we don't have and the applicant didn't have time to review your letter in its entirety. So that' s the point of tabling it, to give us, the , applicants, whomever, an opportunity to review. I know there was an issue with the laser fiche system being down. This file is always available, to walk into the Trustees office, between 8: 00 and 4 :00, Monday through Friday, to review it. Hopefully we get the laser fiche up and running so that people can see it online. But that' s the point of it, so that information is available for everybody to review prior to a hearing, prior to a decision. MR. KATSOULAS: Thank you, very much. TRUSTEE GOLDSMITH: Thank you, sir. Anyone else wishing to comment regarding this application? TRUSTEE GILLOOLY: I would just like to say one more thing for the record, that I as one Trustee am a firm believer in taking great care when developing a lot that has never previously been developed, and looking at it with the lens of 2025. And so I think that what has been proposed here, though technically was able to avoid the sky plane review, I think that's something that I'm going to look at thoughtfully. Because we are in the year 2025, and we are able to think about these problems and these issues that were addressed appropriately three years ago with legislation. Board of Trustees 63 December 17, 2025 TRUSTEE GOLDSMITH: Any other questions or comments? (No response) . Hearing none, I will make a motion to table this application at the applicant' s request for time to review the file. MS. HOEG: May I ask before a motion is made to table it, does any of the other Board members have any comments on the application or things they would like to see changed? TRUSTEE KRUPSKI: You already made a motion. Do you want to rescind your motion? TRUSTEE GOLDSMITH: I will rescind my motion. So I 'm free to comment. So we obviously have an extensive LWRP report. So that needs to be addressed, all the inconsistencies in here. I think the neighbors have brought up a number of concerns, a lot of which the Trustees do share, with the proximity to the wetlands, flood damage. So, you know -- anybody else? TRUSTEE SEPENOSKI: I mean the LWRP speaks volumes. I think it's a decision of whether we want to live in a town where we have working waterfront or residences right up against the bulkhead. That's where I stand. TRUSTEE GOLDSMITH: All right, so now I'll make a motion to table this at the applicant's request. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MS. HOEG: Thank you. TRUSTEE PEEPLES: May I? TRUSTEE GOLDSMITH: Yes. TRUSTEE PEEPLES: I just wanted to say as my last hearing here as a Trustee that it has been an honor to serve Southold town, our community, and protect the environment in the last four years. I hold each of my fellow Trustees in the highest regard. It's been an absolute pleasure to work alongside you. Also, legal counsel Lori Hulse and Elizabeth Cantrell, Tom Hobson in the office, and Wayne Galante. Thank you, so much. I didn't think I would do this but, to have a front-row seat in protecting our valuable natural resources has been the greatest pleasure. Thank you. TRUSTEE GILLOOLY: Thank you, for your incredible hard work and dedication. It has meant the world to all of us. TRUSTEE GOLDSMITH: I will now make a motion to adjourn. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . 4:�ull s itt y, Glenn Got smith, President Board of Trustees