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HomeMy WebLinkAboutTR-04/27/1999 MINUTES SPECIAL MEETING Tuesday, April 27, 1999 1. JON KERBS requests a Wetland Permit to build a single-family home with a 30' setback from the freshwater wetlands. Located: 400 Rene's Drive., Southold. SCTM#54-6-4.4 TRUSTEE KRUPSKI: Okay, we have a 40' contour here. JON KERBS: This is basically the grading plan and the cross section here. That was the basis to what I had to do for this meeting, showing the existing grading and the proposed. TRUSTEE KRUPSKI: Wait a second. Which is the existing? The dotted line? Okay. TRUSTEE FOSTER: The solid line is existing. TRUSTEE KRUPSKI: Because you have it off where they intersect so it's kind of hard. The existing is solid? TRUSTEE FOSTER: Solid what? TRUSTEE KRUPSKI: Solid line. TRUSTEE FOSTER: The solid line is existing TRUSTEE KRUPSKI: I'm sorry, it's up here. I didn't see that. That's the existing grade and the proposed grade, it would be up a little higher in the back but lower in the front. JON KERBS: Actually,just higher in the back just to taper it off. GREG YAKABOSKI: How many feet is that? JON KERBS: This whole thing, 40.8 at the center of the road, 40.7 at the edge of the road. Right now it comes up a little bit so the idea was just to flatten that out here and then just where it rolls down here... TRUSTEE FOSTER: It's not really changing anything. JON KERBS: We're talking about the difference between 40' and 41' and 39'. The whole thing is changing, unless it's coming down say maybe 2' or 3'. But the whole thing is changing. TRUSTEE KRUPSKI: I think one of the big concerns of the neighbors was the run-off and would it be possible not to change the grade in the back of the house, really, and to leave it the way it is. 2 JON KERBS: We've got right now about 20' from here to there and they've got about another 20' of woods before they even get to their lawn. I mean, we're talking about a foot. TRUSTEE KRUPSKI: I know, but they have a problem there. We just don't want to make it any worse. I'm not trying to pick on you here, but, what's the point of grading, I understand the front, but I'd like to see the back left. TRUSTEE KING: What about down towards the other property line? TRUSTEE FOSTER: Well this is, basically what he did here is what I told him to do after going back out and looking at the lot and figuring how he's going to do this minimally without really effecting...., he really didn't even have to go out that far. But, you've got to pitch it away from the foundation slightly. TRUSTEE KRUPSKI: No, I don't have a problem with that but if you just do it minimally. TRUSTEE FOSTER: Minimally. JON KERBS: But, we're talking about afoot here. Now this is 39', this is 41'. TRUSTEE KRUPSKI: No, I understand. I'm talking about overall, if you look at it from this side, this map. I'm talking about overall disturbance of the property. If you'd like to put turf in the front, where it's going to be disturbed, and no turf in the back, leave it naturalized completely, and if you didn't raise it up in the back at all. JON KERBS: That's no problem. Can I do this? And what can I do to make this... TRUSTEE KRUPSKI: Just say, "grade change here". Because, of course you have to get though there. I understand there's going to be disturbance to get in there, but the grade isn't going to change. You just have to bust a hole through there to get through and dig up that area. JON KERBS: I was just tapering the back and like I said, if that's the way you like it, then I have no problem with it. TRUSTEE FOSTER: The other thing that I mentioned to Jon is, to get the septic system to work and being that far behind the house, that line is going to have to come out. TRUSTEE KRUPSKI: Why does it have to be that far behind the house? TRUSTEE FOSTER: Because that's where the Health Dept. put it. TRUSTEE KRUPSKI: No, you don't have Health Dept. Approval yet do you? TRUSTEE FOSTER: No, but it has to be that way to get Health Dept. Approval. Here's the well. You've got 130', they want it to the cesspools... TRUSTEE KRUPSKI: I thought it was 150'. TRUSTEE FOSTER: It's a sub-standard size lot. This is what they're going to want. This all they're going to get. So, you can't bring this, really, any closer to the house. It has to be that far away. TRUSTEE KRUPSKI: Ok, I see. TRUSTEE FOSTER: So, for this distance, and this pitch on this line is '/a inch per foot to run this distance, this line has to be as high as possible so it's not to be 3' below grade by the time it gets to the septic tank. TRUSTEE KRUPSKI: Well the septic tank is going to be how deep? TRUSTEE FOSTER: They have to have a foot of cover on it. TRUSTEE KRUPSKI: Oh I see, you dig down to the clean sand and backfill the sand, and then you put you're septic system on top of that hole. 3 TRUSTEE FOSTER: Well that's what you have to do for these, but not for the septic tank. But you know, this is a gravity flow system. If you run,just for example, you go 100', you're going to be 25" below grade. What he needs, is, he needs to get that tremendous amount of pitch from the house out without being 4' below grade. Therefore, be needs to raise the grade a little bit to keep the pipe up higher so he's not that deep into the ground by the time he gets back there. TRUSTEE KRUPSKI: I understand. TRUSTEE FOSTER: Especially, back here where you come out. This is not so bad from what I can see. JON KERBS: So you're talking about afoot or so and 50' would have a heck of time getting water to run down a hill through the woods. TRUSTEE KRUPSKI: Yes, I know, but that would be better would most of involved here anyway. And then, any other ....Ken or Jim? Okay, you've got haybales here, and haybales here, and you've got drywells. GREG YAKABOSKI: What are you going to do, so you can write the Permit, from here to here, are they allowed to disturb? From the edge of this line, this box, are they allowed to disturb in here? TRUSTEE KRUPSKI: Well no, it's supposed to be 30' and you don't want to encroach on your neighbor's wetland either. JON KERBS: He said it's not a wetland. TRUSTEE KRUPSKI: He didn't know it was a pond there, he said. No, we don't want to see any disturbance there. GREG YAKABOSKI: So what about, if they go to construct the house, can they put... TRUSTEE KRUPSKI: Well that's what...we're starting with the septic, we're working up to that. GREG YAKABOSKI: Oh, I'm sorry I didn't mean to jump ahead. I was just think about how to write the Permit. TRUSTEE FOSTER: How big is this envelope? TRUSTEE KRUPSKI: It's 45' I think, right? JON KERBS: Yeah, it's about 45'. TRUSTEE KRUPSKI: Yeah, we'd rather see you work in a smaller size. A small machine. TRUSTEE FOSTER: Well, yeah, that's why the foundation elevation is high so it creates a minimal amount of disturbance. You're really not cutting anything out of here to speak of. TRUSTEE KRUPSKI: What is that 2'? 5'? Something like that? JON KERBS: This is 8' right here. So you're looking about 2'. TRUSTEE KRUPSKI: That's just my concern that the grade doesn't change. And, I don't want it to affect this guy either because he's going to come in for a Permit next. JON KERBS: Well that's not going to affect him because, as far as any of his property, his house actually will be down in here. TRUSTEE KRUPSKI: But I don't want it to effect his,...as it stands now, this is the high spot, and it's running out. So, it's already, I'm just working this out, out-loud. So, it's already running onto his property. JON KERBS: Right. We'll I'm not changing any grade there. It falls off that way. TRUSTEE FOSTER: That's what feeds this thing, is the surrounding area. 4 JON KERBS: Anything from the roof is going to go into here, and actually, he's going to get less water because the water from the roof is going to go into my drywells. Right now, he gets all of it. Once I put this there, I'll have drywells, and he won't get it. And actually the same thing here. This whole area, if anybody was saying to themselves, well the water is running from here down to there, well, I'm stopping that big an area of water and putting it into the drywells so that's not running down there. So I mean, in that case, that's helping him if that was a concern, and I don't think it would be, but if it was, that's to their advantage. Again, I think the person that was hollering the most about it is the lot that was way the hell down here. TRUSTEE FOSTER: She's not getting any water from that piece of land. TRUSTEE KRUPSKI: Well, she's getting it from everybody. JON KERBS: She's adding to it. If anybody is. She's got a fairly big house there, she's got an asphalt driveway and all of her water is running down to the street and running into this guys property across the street. If anything she's definitely putting more water down here than anything I'm doing because this is all natural. The Town had us open up these drains so anything that comes down the road goes down and away. She's got more impact than any of us. TRUSTEE KRUPSKI: I just want to make sure that, they have a problem there now, and that it just doesn't get any bigger, that's all. JON KERBS: I can understand that. TRUSTEE KRUPSKI: Because they've got a problem there now. There's water running all over. The guy showed us. But, it's running there now. JOB KERBS: It's coming down Soundview, both ways, all the roads that feed to Soundview are coming down both ways, and it's all ending up across the street. TRUSTEE FOSTER: It has been for a million years and that's been a wetland back there ever since I can remember. TRUSTEE KRUPSKI: What do you think, Ken? TRUSTEE POLIWODA: As long as he works in his contained area, I don't see a problem. Once you bring machines into the wetlands, that'll cause a problem. JON KERBS: You're really going to approaching this whole this from the road. All the work can be done front to back. Front to back is where there's no problem. The farther you get from the front,the farther you get away from the wetlands, and the farther you get from the rear,the farther away you get from the wetlands. TRUSTEE FOSTER: There's no problem. There's minimal disturbance there. You just have to do the job the right way, that's all. TRUSTEE KRUPSKI: Do you have a buyer for this? JON KERBS: No. TRUSTEE KRUPSKI: How about we put on the condition of the Permit to put turf of the roadside but no turf on the sides of the house or the back of the house and I should say no turf within the 30', so they would have to follow that within 30' of the pond. And then when they build the house, they'll have to come in again for a final grading plan. Whoever is going to buy it, they could have their brother-in-law do the grading plan. TRUSTEE FOSTER: Yeah, well you can issue the Permit subsequent to a hearing to the plan that goes with it. 5 TRUSTEE KRUPSKI: Did you ever see that work? This way it would make them come back to us when they're going to built it. Better yet, a landscaping plan on either side and the back. You're going to have to come back. JON KERBS: Can it be done that, it's got to be done properly rather than having to come back again before you build it. I wouldn't be surprised if I end up building a spec house on it just because people can't see that they can really solve this problem. I'd like to have to not come back again. I have no problem with saying Ok, I'll stick to the plans that we agreed upon. But I'd like to not have to come back again. TRUSTEE KRUPSKI: No, I'm not saying that YOU have to come back. I'm just saying about someone else coming back in 10 years, buying that lot and saying, we'll that's what they said but they're just going to do what they want anyway. And it won't be you involved at all, it will be somebody else, and they'll have no concept of what went on. TRUSTEE FOSTER: How do you police that? TRUSTEE KRUPSKI: They have to come in and show us a landscaping plan. TRUSTEE FOSTER: And who polices that? GREG YAKABOSKI: What you do is, you put an inspection before they get...once their in the Building Permit process, you put an inspection in. That's how you solve the problem. TRUSTEE KRUPSKI: If you're not the builder. That's my concern. GREG YAKABOSKI: You put it subject to...the septic goes in before the building starts, right? TRUSTEE FOSTER: In this particular case it will, probably because the Health Dept. is going to require an approved septic system prior to the issuance of a Building Permit. GREG YAKABOSKI: So, once the septic system goes in, you put in a condition to go back and if it's above grade, tell them it's coming out. You can do it, if you want to do it or anything along that line. You can meet anytime from the time a machine first gets on the property to the time they put the last shingle on the roof. TRUSTEE KRUPSKI: Because, you know, there's only four years on the Permit. JON KERBS: I think something's going to happen. They way things are going now something's going to happen. That's my feeling. And, to me, if I can't sell this thing in a year or so, I'm going to put a house on it. I've got no problem with however you can word it so that it meets requirements but I'd really like to not have to come back again. TRUSTEE KRUPSKI: Well actually, I guess, our Permits are not transferable so they have to come back anyway. So if you sell it, you can't just sell our Permit. They have to come back to us and we have to approve the transferred Permit. JON KERBS: This is something that I wasn't aware of. My name is not on the Deed yet. So I don't know how that should be handled. Although I think what we did is we made the application in Lew's name. GREG YAKABOSKI: Whose name is on the application? LAUREN STANDISH: Jon Kerbs. JON KERBS: Is the application in here? Because I thought the way we handled this was is that Lou... GREG YAKABOSKI: Al, the way the Code currently reads is that when an applicant comes in and he's not the owner, they need a statement or an affidavit from the owner, signed by the owner. 6 JON KERBS: What I had originally, when I first started dealing, my mother-in-law is on the Deed with Lew. My father-in-law was but he died and my mother-in-law has got Power of Attorney with.his stuff so that's done but I am sure on this application, and then at that time, in the file someplace there's a letter from here saying that I would be representing her. GREG YAKABOSKI: Technically, you need it from both. His Estate and from Lou. If you want to get technical. JON KERBS: OK, here is the authorization. GREG YAKABOSKI: If you go by the Code,No. TRUSTEE KRUPSKI: How about with this here. GREG YAKABOSKI: I don't know what that is. JON KERBS: This is an authorization signed by Lew. There's something else in one of these files, when we first started, from her. GREG YAKABOSKI: If what you said is true, you need Lou, her, and her signing for the estate. If the estate has not been disbursed...what happens if somebody passes away and they owned, let's say they owned everything on this table, let's say I passed away and I owned everything on this table, I still exist, even though I'm not here. It's the estate, my estate, I still own everything. Then after the laws of New York apply, it either gets disbursed out, I'm going to give you my hat, you my keys, you know, everything goes, then it's ended, they close the estate and everything is gone. But, it could be 20 years before they close the estate. So I continue to exist, my wife whose alive exists, she owns this half, I own this half. What your telling me, if what you're saying is true, is two tables. Lew owns half of one table, the father-in-law owns this half and the mother-in- law owns this half. TRUSTEE KRUPSKI: Is there a_problem? JON KERBS: There's no problem other than the fact that I would like to get the Permit so I can take it to the Health Dept. and my mother-in-law is out of the country, and will be for three or four weeks. TRUSTEE KRUPSKI: You see, we have no control over that. That's what our attorney... JON KERBS: Wouldn't it depend on how the deed is written? GREG YAKABOSKI: I'm just going by what you're telling me. I mean, right now the property card says Lew Edson owns it. I don't know who owns it. I have no idea. TRUSTEE FOSTER: You're the contract vendee. Aren't you the agent. JON KERBS: Actually, the way it was left, we we're going to transfer it but there were tax ramifications on this whole thing. GREG YAKABOSKI: I'm not looking to mess you up. I'm just telling you what the Code currently says. JON KERBS: Can't you just issue the Permit to Lew at this point. It seems like we're splitting hairs here. GREG YAKABOSKI: It's up to the Trustees. TRUSTEE KRUPSKI: I don't know, can we? I have no idea. To be honest with you that never entered my mind because ... TRUSTEE POLIWODA: I'd feel funny issuing Lew a Permit for something he didn't apply for. JON KERBS: He did. Here's a letter authorizes me to do the paperwork for him. I've done this many time. TRUSTEE KRUPSKI: That's why I said I never gave it a second thought because I wasn't really.....because you're not going to just take some piece of property you see down the road that you like and just apply to build something on it just because you like it. JON KERBS: This whole Title thing just has to do with taxes and how we're going to handle income taxes and the whole situation. I think when I brought this application in, I asked, I told Diane here's what I've got, what do I need, you know. I needed to get this thing signed by one of the owners so it was easier to get Lew to sign it than my mother- in-law so I went down and Lew signed it. I would think any one owner could have a Permit. TRUSTEE KRUPSKI: Now I don't know about that. We've had some disputes over that with eight people owning one right of way. Everybody has to sign on it. TRUSTEE FOSTER: We had one last month. We had the application for that walkway. The guy that wanted us to give him a Permit for the walkway but he didn't own the land the walkway was going on. Day was the one who had to put the application in. GREG YAKABOSKI: I'm not trying to hang you up. I'm just staying with the Code. JON KERBS: But does it have to be all the owners? How about the letter that's in there that authorizes me to do it. In one of these files there's a letter from her authorizes me to make the application for her. It was the original. When I first started dealing with the roads. Is there another file for the roads? I think there was another file. TRUSTEE KRUPSKI: It was about two years ago. GREG YAKABOSKI: What's the name? JON KERBS: Connie Mapper. It's not in there, I don't think. It's a separate letter that started with the road and it's in the file with the road. GREG YAKABOSKI: I don't know what to tell you. JON KERBS: Should we look in the other file. TRUSTEE KRUPSKI: Would you know where to find that? JON KERBS: I saw it now long ago. LAUREN STANDISH: I'll look. TRUSTEE KRUPSKI: It would've been about two years ago. GREG YAKABOSKI: Technically you don't, the Board doesn't have proof or something they can hang a hat on, that you have authority to be here applying for the Permit. JON KERBS: From her. I've got it from one of the owners. GREG YAKABOSKI: Correct. From the full ownership rights of the property. TRUSTEE KRUPSKI: Is the road a separate tax map number? GREG YAKABOSKI: Yes. 4.2. 54-6-4.2 for the road. JON KERBS: These are fresh files,just having to do with the most recent stuff, from what I see. GREG YAKABOSKI: I'm just saying, that why it's set up this way, so that you make sure you have all the ownership rights to combine so you don't go through a process and find out, like you guys were just talking, Artie was just talking before about, who didn't own it and nobody would give him the rights, or whatever. 8 JON KERBS: Hopefully she'll find it, because I know it was there. I saw it in the last few weeks. GREG YAKABOSKI: You could give it subject to the Board receiving written authorization. We note for the file that the ownership is in.....or you make it subject to proof being shown who the owner is and then original written authorization from all the ownership interests. And, if you don't supply those within three months, the Permit is hereby revoked. That's the way you get rid of it tonight. JON KERBS: That would be nice. TRUSTEE KRUPSKI: I wasn't listening, I'm sorry. GREG YAKABOSKI: If you're going to issue the Permit, let's say you're voting on to issue a Permit, whatever conditons, and the Permit's being issued, one of the subject to clauses that we note that there's an issue, we need to clarify who owns it, and receiving original authorization from all ownership interests within 60 days or 90 days or give me a number, and failure to receive same within the 90 days, the Permit is hereby revoked. Then, you guys could always redo it again. JON KERBS: Can we do this? Can we see if she finds that? GREG YAKABOSKI: Probably the way it's written, it's not going to be any good because you're going to need it for this particular parcel. My guess. Therefore it's not going to be good for this parcel. This covers you, my idea covers you. JON KERBS: Then at least it's a done deal. GREG YAKABOSKI: Then you get that and the Board will give you written...once you Board give you that Ok, you've satisfied condition No.2. JON KERBS: Could I end up with something to ...after I do this, something to go to the Health Dept. with saying that this is approved just subject to ... TRUSTEE KRUPSKI: Yeah. (tape changed) JON KERBS: I never went beyond just getting this letter from Lew because I had done this, getting Permits for people in the past. GREG YAKABOSKI: No, I'm not trying to hang you up. JON KERBS: No, you're covering yourselves. GREG YAKABOSKI: But, I'm just saying, that's an easy way to get past it. LAUREN STANDISH: We have a letter here from Connie Klapper asking the Trustees to look at the property for Jon Kerbs. The road. JON KERBS: Oh Ok. I didn't remember what it said. I just knew there was a letter. GREG YAKABOSKI: You can get past it, if you're mother-in-law is going to be back in town. JON KERBS: This works for me. If I can go to the Health Dept. I'm not going to be done with this thing with the Health Dept. and everything else until she gets back anyhow. But at least I can keep things rolling and I know that I have a Permit in hand, and I just have to bring you the papers you need. TRUSTEE KRUPSKI: I'll go over this before I make a motion to see if I have this straight. No turf within 30' of the pond as shown on survey. Turf only on the east side of the house. Grade on side yard to remain the same except as backfill for the foundation. Landscaping plan for the side yard and back yard before construction including septic system after installation. Landscaping to be completed within 6 months of completion. 9 All required proof of ownership before Permit is issued and drywells be constructed as per survey to contain all roof runoff. GREG YAKABOSKI: Where can they landscape? They can landscape anywhere on the property? TRUSTEE KRUPSKI: In the disturbed areas. Side and back yards. JON KERBS: How did you write that Al about the subject to the grading plan? TRUSTEE KRUPSKI: (reading previous conditions) JON KERBS: Sothis boils down to what do I have to do or what would a future owner have to do as far as getting the Permit. TRUSTEE KRUPSKI: Well you would get the Permit but once it's built you have do the grading and landscaping. JON KERBS: So the way this is written I'll be able to take what you give me, go to your Building Dept., get a Permit, but at some point... TRUSTEE KRUPSKI: But, you'll have to get a landscaping plan for the side yards, any disturbed areas, side yards and rear yard. JON KERBS: And I'll have to come to you before I get the Permit or after I get the Permit. TRUSTEE KRUPSKI: Good question. GREG YAKABOSKI: What's the front yard also? TRUSTEE KRUPSKI: It's that way but they can't put it in within 30' of the pond. It's very limited. No turf within 30' of the ponds as shown on the survey. So right away, here's the pond here, so right away you have this curve and this curve and then anything in the front yard is... GREG YAKABOSKI: Can the machines go over within 30'? TRUSTEE KRUPSKI: Only up to where the haybales are on the survey. GREG YAKABOSKI: So the machines can go within 30'? TRUSTEE KRUPSKI: Yes, for construction. Actually we should see, I guess the landscaping plan should be in even before construction. JON KERBS: What would you tend to want for a landscaping plan. TRUSTEE KRUPSKI: Just put in whatever you want to put in there. Non-turf. It's got to be planted up. We have the grade on here. Whatever is going to grow in the woods there. You can put woods chips down and leave it at that. JON KERBS: I guess what I'm getting at is that I can foresee going to the Building Dept. and then them saying you have to go to the Trustees. TRUSTEE KRUPSKI: Yeah, you should, it should say before construction. Like I said before just put woods chips down and let it naturalize. GREG YAKABOSKI: What can they do in the back? TRUSTEE KRUPSKI: Same thing. I just don't want bare dirt. GREG YAKABOSKI: Let's just say this is the 30' line and here's the pond line, between here and here. TRUSTEE KRUPSKI: Well whatever is disturbed. GREG YAKABOSKI: But what can be done? TRUSTEE KRUPSKI: No turf and landscaping plan. GREG YAKABOSKI: So between the pond to 30' from the pond. This is the same question...this is the buffer question, the same question. TRUSTEE KRUPSKI: (re-working conditions of permit) 10 GREG YAKABOSKI: It depends, and I don't know what you want to do, but it depends on how you want to handle it. For example, take the side yard. Take from the pond to 30' from the pond. They're going to have machinery in there. It's going to be disturbed. What I would do, unless it was written one way, is I would build a house, I'd disturb it, and I'm going to plant it with grass right down to the thing because it was disturbed. Is that what you guys want to have happen? Now in the back, the same type of thing. The rear yard is going to be disturbed. You can take that and drive a truck through it... TRUSTEE KRUPSKI: No turf. GREG YAKABOSKI: No turf but can they cut trees in the back? Can they cut down things? TRUSTEE FOSTER: He has to if he going to put the septic system in. GREG YAKABOSKI: I realize that but other than putting than stuff in, once that's done. TRUSTEE KRUPSKI: Okay, I'll put clearing allowed only for septic system installation. GREG YAKABOSKI: Otherwise, all natural, like brush and everything else is supposed to stay the same. TRUSTEE KRUPSKI: I'm just thinking, very little is going to grow in there. You could put in wood chips. That's what I'm saying. If you want you could just come in and say that you're going to put a row of rhodadendrums in the back and wood chips and that's it, and leave it at that. That would be fine. JON KERBS: Would it be possible to just include in this Permit saying that that has to be natural plantings of some sort maybe somehow give us a broad thing that might make it easier for everybody to not have to revisit this thing to say this is the type of thing we'll allow you to put in there and then that's done. GREG YAKABOSKI: But where the question comes in, I honestly do not care about the answer, from your back yard to your back line, other than you driving the machine and digging it up, you'll have a lot of trees and brush left and leaves and everything still left and the left and on the right. It's all going to be undisturbed. The question is, it's up to the Trustees, can we come in there and clear all that out and put natural plantings in or does that have to stay as it is? TRUSTEE KRUPSKI: Thank you. Clearing allowed only for septic system installation. GREG YAKABOSKI: Otherwise it has to stay in it's natural state. No trimming, no cutting, no cutting the trees, the whole nine yards. It's just a question. JON KERBS: But how are you really going to enforce that if somebody down the line comes in and trims a few trees and stuff. TRUSTEE KRUPSKL You can't. GREG YAKABOSKI: You can't but what happens is, take a more black and white example, a guy builds down by a creek, he's got thick cedar trees between him and the creek, these guys say let him in within 75' let him in within the first 25' and say a buffer zone. But, the guy comes in, clears, and cuts the whole thing down, and now he's got a view of the creek and puts in some grasses. There's no buffer zone. I just happen to be here so you're probably ready to kill me. But unfortunately, it's a question of what they're trying to accomplish. JON KERBS: To me, what I'd like to see is, sure, whatever you want. Spell it out and make that part of the Permit maybe instead of another inspection or something. Tell us what you'll allow and that way if somebody buys it or...because that's one of the reasons 11 why I'm doing this is because of the uncertainty. If somebody comes in and wants to buy it, or even if you want to build a house, it's going to say how to do it right. GREG YAKABOSKI: That's what always bugs people about uncertainty. JON KERBS: And the thing is to, when I'm trying to sell something to somebody I want them to understand. As a matter of fact we had somebody looking at the other lot and I said go do all you're research, figure this all out, ask your questions and come back. TRUSTEE KRUPSKI: What about, any changes in landscaping must be amended. JON KERBS: They're you go. That's fine. TRUSTEE KRUPSKI: Because somebody is going to come in, they're going to say, can we plant something, and then we can talk to whoever buys it and say... JON KERBS: Yeah, sure, but this way they have a starting point. And, if they don't make any changes to what you'd like to see, they can just go ahead and it saves you time, them time, and the Building Dept. time. TRUSTEE KRUPSKI: Ok. So all disturbed areas to be naturalized with wood chips and natural plantings. And no bare soil. JON KERBS: Let me ask you a question. If it comes up in the future and I wanted to put a deck behind this house, say I was going to build there, and I wanted to put a deck behind this house with the idea, to keep it natural,just having a deck back there so somebody could have a yard to walk back on as opposed to trouncing all over the yard and everything. Would that be any problem with you guys? That you can foresee? TRUSTEE KRUPSKI: I don't see why not. I'd put a house there, what's a deck? JON KERBS: And it would be an elevated deck too, you know. Would I have to come for a Permit? TRUSTEE KRUPSKI: An amendment. JON KERBS: Would that be a whole process like this? TRUSTEE KRUPSKI: We would have to have a Public Hearing right? But I don't see a problem with it. JON KERBS: Ok. Just so I have an idea of what can be done. TRUSTEE KRUPSKI: The big concern here was, in my mind, is changing the grade, and that's the big concern of the neighbors as well. So we don't have to close the hearing, but if I could just make a motion. GREG YAKABOSKI: Make a motion to approve. TRUSTEE KRUPSKI: Ok. I'll make a motion to approve with the following conditions: One, that the applicant provide us with all necessary legal proof of ownership or proof of the owner's permission, authorization, to be delivered within ... GREG YAKABOSKI: To be delivered within 60 days to the Trustees? JON KERBS: Well I'll tell you what,just in case there's something going on, I mean I'm going to try it done certainly before that, but just in case there's something going on with the estate and we've got a lawyer in Florida who...let's make it so I've got enough time. I'm certainly going to get it as fast as I can. TRUSTEE KRUPSKI: It doesn't matter to us. JON KERBS: Why don't we make it even 120 days. I'm going to get it as soon as she gets back and we're going to get going on this thing. TRUSTEE KRUPSKI: Ok, we have to see the proper legal authority within 120 days. JON KERBS: And who should I give that to? Bring it to the Board? TRUSTEE KRUPSKI: Give it to Lauren. No, give it to Greg first. M � 12 GREG YAKABOSKI: Give it to Lauren and then I'll take a look at it. TRUSTEE KRUPSKI: And then other conditions: Drywells to be constructed as per survey to contain all roof run-off, grade changes to conform to survey as per submitted, front yard be no turf within 30' of the pond, side yard no turf, rear yard no turf, clearing allowed only for septic system installation, rear yard is to left in it's natural state, no bare soil is to remain after construction, all disturbed to be naturalized with wood chips and/or natural plantings, any changes in the landscaping the Permit must be amended. TRUSTEE POLIWODA: I'll second that. ALL AYES 2. Costello Marine Contracting on behalf of CLEAVES POINT CONDO. requests a Wetland Permit to install four 4'X 30' fingers, four 4'X 25' fingers and an 8'X 66' "T" float. Located: Shipyard Lane, East Marion. SCTM#38-7-4.2 & 4.8 TRUSTEE KRUPSKI: I'll make a motion to give this a neg. dec. TRUSTEE KING: Seconded. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the applicant's request, let me rescind that motion. What are we approving here? They were going to shorten the structure by how long? TRUSTEE POLIWODA: We're approving the compromise. TRUSTEE KRUPSKI: Right. GREG YAKABOSKI: Whatever you guys want to do. TRUSTEE KRUPSKI: It was a compromise. There getting a big float on the end but they're shortening the entire structure. GREG YAKABOSKI: Per the compromise stated in the minutes of the last meeting. TRUSTEE KRUPSKI: Can we do that? GREG YAKABOSKI: Yes. TRUSTEE KRUPSKI: I'll make a motion we approve Cleaves Point per the compromise stated in the minutes of the last meeting. TRUSTEE KING: Seconded. ALL AYES 3. ARIF HUSSAIN requests a Wetland Permit to repair wood retaining wall and dock, install wood stairs, and install a stockade fence along the northwest. Located: 420 Lakeview Terrace, East Marion. SCTM#31-9-11 TRUSTEE KRUPSKI: I'll make a motion to approve the request of Arif Hussain for a Wetland Permit to repair the wood retaining wall and dock, install wood stairs and install a stockade fence along the northwest as submitted in his plans. TRUSTEE FOSTER: Seconded. ALL AYES RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE�) 7/��i HOUR a•'�/`� Town Clerk, Town of South6ld