HomeMy WebLinkAboutTR-01/26/2000 z
O�OSVFFO��CO Town Hall
Albert J.Krupski,President �� �/,y 53095 Main Road
James King,Vice-President o= t P.O.Box 1179
Henry Smith y 2 Southold,New York 11971
Artie Foster p
Ken Poliwoda y� Telephone(516) 765-1892
9/ �a Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
JANUARY 26, 2000
PRESENT WERE : Albert J. Krupski, Jr. President
Jim King, Vice-President
Ken Poliwoda, Trustee
Diane Herbert, Clerk
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, February 16, 2000 at 11 : 00 am
TRUSTEE KING moved to approve, TRUSTEE POLIWODA seconded. ALL
AYES
NEXT TRUSTEE MEETING: Wednesday, February 23, 2000 at 7 :00 .pm
WORKSESSION: 6 : 00 p.m.
APPROVE MINUTES: Approve Minutes -of November 30, and December
15, 1999 .
TRUSTEE KING moved to approve with a correction in wording of
November Minutes, TRUSTEE KRUPSKI seconded. ALL AYES
- I . MONTHLY REPORT: ': -The Trustees monthly report for December
1999 : A check for $5,930 .25 was forwarded to the Supervisor' s
Office for the General fund.
II . PUBLIC NOTICES:• Public Notices are posted on the Town
Clerk' s Bulletin Board for review.
III . AMENDMENTS/WAIVERS/CHANGES:
1 ., ROSEMARIE & LESLIE WINDISCH requested an Amendment to Permit
#4378- for a 35 ' dock. Located: 1375 Pine Neck Road, Southold.
SCTM #70-5-39
TRUSTEE KRUPSKI moved to approve the application to replace what
was originally there totalling 35 ' , TRUSTEE. KING seconded. ALL
AYES
2 . RICHARD ZAHRA of the Marlene Lane Civic Association
requested a Waiver to construct and place a portable sun fish
boat rack on the beach. Racks will be removed at the end of
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Board., of Trustees 2 January 26, 2000
each sailing season. Located: north of Peconic Bay Blvd. , &
west of Town Beach, Mattituck. SCTM #126-6-10
TRUSTEE KRUPSKI moved to table the application until the Town
attorney reviews this as far as ownership is concerned, TRUSTEE
POLIWODA seconded. ALL AYES
3 . Architecnologies on behalf ofiBARBARA MC NEILLY requested a
Waiver to construct a 15 ' X 22 ' addition onto an existing house
on east side and a 17 '. X 22 ' on west side. Located; 250 Goose
Creek Lane, Southold. SCTM #71-1-42
TRUSTEE POLIWODA moved to approve the application with condition
that a 10 ' non-turf; non-fertilized buffer ,be placed along the
bulkhead and drywells and gutters be put on and haybales be
placed 20 ' off the bulkhead, TRUSTEE KING seconded. ALL AYES
4 . Architechnologies on behalf of. LES GAZZOLA requested a
Waiver to add a small deck and revise the entrance . way.
Located: 495 Elizabeth Lane, ' Southold. SCTM 478-5-2
TRUSTEE POLIWODA moved to approve the application, TRUSTEE KING
seconded. ALL AYES
5 . ",RONALD & CATHERINE QUINN .requested an Amendment to Permit
#5021 to construct a 4 ' X 12 ' ramp leading to a 4.' X 48 ' catwalk
with 4 ' X 6 ' steps, as per DEC recommendation. Located: 1150
Lupton Point Road, Mattituck. SCTM #78-5-2
TRUSTEE KING moved to approve the application, TRUSTEE POLIWODA
seconded. ALL AYES
6 . KAREN "& -ROLAND GRANT requests an Amendment to Permit #5046
to construct. a 4 ' X- 60 ' fixed catwalk with stairs at the seaward
end as per DEC recommendations . Located: 1775 Indian Neck Lane,
Peconic. 'SCTM #86-5-9 . 1
TRUSTEE KING moved to approve the application, TRUSTEE POLIWODA
seconded. ALL AYES
7 . SUSAN OISTAD requested a one year extension for Permit #4853
to construct a fixed timber dock consisting of a 4 ' X 56 '
catwalk, a 4 ' X 14 ' ramp at landward end, a 4 ' X 12 ' hinged ramp
and an 8 ' X 20 ' float secured by 2- 8" pilings . Located: '2200
Broadwaters Road, Cutchogue. SCTM #104-9-4
TRUSTEE KRUPSKI moved to approve the application with a 6 ' X 20 '
float only, TRUSTEE POLIWODA seconded. ALL AYES . -
8 . WILLIAM &` RENA KUHL requested a Transfer of Permit #872 for
a 3 ' . X 6 ' walkway, a .3 ' X 10 ' ramp and a 6 ' X 20 ' float with 2
pilings . Located: 1790 North Bayview Road, Southold. SCTM
#70-12-38 . 1
TRUSTEE KRUPSKI moved to approve the application subject to
Trustee Poliwoda inspecting this to see what is exactly there,
TRUSTEE POLIWODA seconded. ALL AYES
TRUSTEE KING moved to go off the regular meeting, .TRUSTEE
POLIWODA seconded. ALL AYES
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Board of Trustees 3 January 26, 2000
IV. PUBLIC HEARINGS:,
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE
TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE
SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE ' READ PRIOR TO
ASKING FOR COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF:
FIVE (5) MINUTES OR LESS, IF POSSIBLE
1 . , GEERT MARTENS & THOMAS R. MURRAY '-requested a Wetland Permit
to construct, a single family dwelling with pool, cabana and
garage. Located: 5028 New Suffolk Ave: , Mattituck. SCTM
#115-10-2
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
either for' or against the application. We're gonna put off this
one for a while until Rob Herrmann arrives .
2 . Proper-T Services on behalf of RICHARD DE MOTT requested a
Wetland Permit to construct a 4 ' X 44 ' walkway, a . 4 ' X 16 ' ramp
and a 6 ' X 20 ' float with 2- 2 pile dolphins . Located: 5415
Skunk Lane, ,Cutchogue. SCTM #138-2-16
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
JIM FITZGERALD. I don't intend .to add to the application. It' s
a minimal dock and similar to all the others in the area. It
extends only far enough to get a decent amount of water. It
doesn't extend further than the other docks in the area.
TRUSTEE KRUPSKI : The CAC recommends disapproval . They
recommend a low impact structure for access, like .an onshore
offshore stake. I don't know how that would be less of an '
impact. There' s quite a bit of marsh to walk through. The
fixed dock goes out about 10 ' passed the edge of the marsh, then
the ramp and float. How far have you gotten with the DEC?
MR. FITZGERALD: I haven't gotten anywhere with the DEC.
TRUSTEE KRUPSKI : The. last dock that applied there, across from
Sterling Road, we approved a catwalk with a pipe and a pully
system. No float or ramp. Because the property was very narrow
there. How wide is this property here?
MR. FITZGERALD: 70 ' .
TRUSTEE KRUPSKI : It' s 58 ' along the road. Actually it only
shows extending 4 ' passed at low water. There' s nobody to the
south, but to the north they had that bulkhead sticking out
there. I don't think he could move it back in anymore. I see
this has rings and stops to maintain 2 feet of water beneath the
float. So the float will never sit on the bottom. Is there any
other comment?
TRUSTEE KING: Move to close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE KING: I ' ll make a motion to approve the application.
TRUSTEE POLIWODA: Second. ALL AYES
Board of Trustees 4 January 26, 2000
3 . Proper-T Services on behalf of MICHAEL O'DONNELL �'requested a
Wetland Permit to reconstruct an existing 4 ' X 16 ' fixed
walkway, and extend it landward 10 ' giving overall 4 ' X 26 ' size
and add a 4 ' X 16 ' ramp and a 5 ' X 16 ' float with 3 piles .
Located: 60.10 Skunk Lane, Cutchogue. SCTM #138-2-29
TRUSTEE KRUPSKI : Is . there anyone here who would like to speak
in favor. of this application?
JIM F. This is the same situation. Except for the fact that
there is a portion of an existing structure there.
TRUSTEE KRUPSKI : This is the same scenario. The CAC recommends
disapproval and suggests an onshore offshore stake.
JIM. Why ,does the CAC recommend disapproval?
TRUSTEE KRUPSKI: This is a sensitive area recognized by the
Nature Conservancy. Unfortunately there is no CAC member here.
I think this . has stops also. I think we're gonna table this one
and take a look at it in February.
TRUSTEE KING: Second. ALL AYES
4 . Proper-T Services on behalf of 'MIOMAS & PATRICIA FRENZ
requested a Wetland Permit to construct a 4 ' X 180 ' fixed dock,
a 4 ' X 16 '. ramp and a 6 ' X 20 ' float. Located; 1260 Broadwaters
Road, Cutchogue. SCTM #104-9-4 .2
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor or against the application?
JIM F. Nothing other than what is in the application.
TRUSTEE KRUPSKI : CAC recommends disapproval because the trade-
off of the potential negative impact' on the wetlands system from
the proposed catwalk for available water depth .is not
warranted. . '
JIM. It' s not warranted?
TRUSTEE KRUPSKI : That's their comments .
JIM. They're making a valued judgement?
TRUSTEE KRUPSKI : They did. There's no member here to explain
their comments . Any other comment?
TRUSTEE KING: I ' ll make a motion we close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE POLIWODA: I ' ll make a motion we approve the application
with condition that the catwalk be 3 ' above grade, with 3/4"
spacing between planking and no pilings above planking.
TRUSTEE KING: Second.. ALL AYES
5 . Proper-T services on behalf of FRANK CICHANOWICZ. requested a
Wetland Permit to construct a single family dwelling with
on-site sewage disposal and public water. Located: 155 Hall 's
Creek Drive & New Suffolk Ave. , Cutchogue. SCTM #116-7-1
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
JIM. F. : . I 'm please to report that there is no dock involved.
It' s pretty straight forward. All the construction will be
above the 10 ' 'contour line.
TRUSTEE KRUPSKI : CAC tabled this because the proposed structure
was not properly staked and labeled. We didn't have a problem
with the staking.
1
Board of Trustees 5 January 26, 2000
JIM: It had to do with the timing because it was.- staked in the
morning of your inspection. So if they went out before that
they found it not property staked.
TRUSTEE KRUPSKI : I don't know when they make their
inspections .' The problem we had with that is in that whole
little subdivision there we have been keeping all the houses
with the same setback from the wetlands and that way you don't
get intrusion into the wetlands and it' s more orderly and
*disturbance'
isturbances from the house activity in the building and '
living. On this lot the house we thought was substantially
closer to the wetlands than on' all the other lots going to the
south. The wetland line that is staked on here we didn't find
to be accurate.
JIM: The wetlands lines came from the filed map.
TRUSTEE KRUPSKI : We didn't find that to be accurate. I think
they put the house substantially close to the wetlands than
75 ' . It' s shown here as 701 . Which is substantially closer
than the other houses in that subdivision. We have approved
almost every other house.
JIM: The problem because the setback from. the road for the
Zoning Board.
TRUSTEE KRUPSKI : It shows here as 601 .
JIM: It' s in -an R80 zone.
TRUSTEE KRUPSKI : That' s what the requirement is in an, R80?
JIM: Yes .. This is only an acre lot though.
JIM: Regardless of R80 or 40 the house as it is sized and
configured there just fits in the building envelope on this
side, on the road side. From the standpoint of the seaward
side, we took advantage of the 10 ' contour non-jurisdiction from
the DEC.
TRUSTEE KRUPSKI : That is not consistent with all the other
houses that we approved.
JIM: You would rather it be closer to the road.
TRUSTEE KRUPSKI : We are not concerned about the. . . . . . I don' t
know how close they are. We never even checked that. All we
were concerned about was the proximity to the wetlands and that
this line wasn't accurate.
JIM: But you were there and the stakes were. ... . . .these two
corners' . . . : . .
TRUSTEE KRUPSKI : Seemed to be fairly clear.
JIM: My recollection is that this is pretty much lined up with
this next house. But the point really is, there' s not much we
can do except put a smaller house on it because we
can't. . . .other than go to the Town. for a variance, we can't make
it closer to the road.
TRUSTEE KRUPSKI : You could get a variance and make it
40 . . . . . . .orIany distance that would satisfy. . . . .we're not
worrying about how close it is to the road.
JIM: I know your not, but I am. We're worrying about the
setback from the creek. And not so much even that because I
would rather not even -talk about setback from the creek until we
see the accurate wetland line on the map. If it' s off by a
couple of feet. . . . . ..you- look at it and think, "well it could be
1 I
Board of Trustees 6 January 26, 2000
here, it could be there' , two or three is one thing but this is
a substantial difference.
JIM: How did you determine this?
TRUSTEE KRUPSKI : The house was staked. So we measured from the
house corner to the wetlands.
JIM: So what should we do?
TRUSTEE KRUPSKI : We could meet you on the site next month and
we could make more sense of it on the site. Then we could mark
what we feel is the wetlands are and you could have them put on.
the survey.. So we'd like to table this and re-inspect it next
month.
JIM: The wetlands line is determined by what, the bacharus?
TRUSTEE KRUPSKI : Yes .
TRUSTEE KING: Motion to table the application.
TRUSTEE POLIWODA: Seconded. ALL AYES
6 Proper-T Services on behalf of JOSEPH ZITO requested a
Wetlands Permit to construct a 9 ' 5" X 9 ' 5" storage shed, a 55 '
retaining wall, a 4 ' X 18 ' walkway, a 4 ' X 16 ' ramp and a 6 ' X
20 ' float with 2- 2 pile dolphins . Located: 3600 Deep Hole
Drive, Mattituck. SCTM #115-17-8
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
JIM:' I think Mr. Zito was there and. you had suggested that he
change the . location of the dock slightly to the south and he and
I talked about that and went over that and he feels pretty
strongly that he would like to have it where it is or at least
talk about the relative merits of where it is compared to moving
it over 3 feet. I think what I 'm saying is how important i-s it
to you because it ' s pretty important to him.
TRUSTEE KRUPSKI : I think we make our observations on field
inspections and we felt the structure should be to the south. I
think it would impact the wetlands in front of the property and
that if the structure is' further south it would ford , them better
protection.
JIM: There is no doubt that it would not cross much of the
spartina if it were moved to the south but on the other hand for
want of a better term, the landing area where the landward end
would be is " not shaped very well (changed tape) Do you remember
the configuration? It's kind of, the location it' s in now, is
kind of in a corner off the highest area of yard.
TRUSTEE KRUPSKI : We wanted it to be at the end of the retaining
wall . ' It should be level behind that retaining wall . Is there
any other comment?
MR: ZITO: Is ' it alright if I make the dock an "L" shape instead
of a "T"?
TRUSTEE KRUPSKI : Sure. We would need anew drawing first. CAC
has no comment.
TRUSTEE KING: Motion to close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE KRUPSKI : I ' ll make a motion to approve the application
with a walkway at the southerly end of the retaining wall with
"L" shaped float extending to the north side with a 5 ' non-turf
buffer behind the retaining wall with condition that the debris,
Board of Trustees 7 January 26, 2000
cement & leaves be cleaned out on the seaward side of the
retaining wall so marsh can grow in that area and that the boat
and the float can extend no further than 1/3 across the creek
and if there is a problem with that than the structure will have
to be brought in closer to the shore to accommodate that rule.
We talked ' about that in the field.
TRUSTEE KING: Second. ALL AYES
7 . Proper-T Services on behalf of', ALEX KOUTSOUBIS 'requests a
Wetland Permit to construct a stairway from top of bluff to
beach measuring: 88 ' 6" with 4 ' X 8 ' landings and a 15 ' X 15 '
platform on top. Located: 1610 The Strand, East Marion. SCTM
#30-2-64
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
JIM: The only thing I 'm sure you will comment on is the
platform at the top which I- would like to discuss with you. I
explained the fact that in general those large platforms are not
permitted but he asked that I put it on the application and talk
to you about it. Maybe if you could explain why they are not
permitted I could pass that along to him. If in deed you would
like to approve it.
TRUSTEE KRUPSKI : We generally don't approve platforms at the
top of the bluff because they lead to shading to the vegetation
and loss of stabilization at the top. While we don't have a
problem with the stairs . . . . in fact the stairs are exempt in
Coastal Erosion, the platform would not be because of the size.
It provides an area of no vegetation that can lead to erosion.
JIM: So we could have a reasonable size landing at the top to
get started. ., :
TRUSTEE KRUPSKI : Sure. Something like a landing-. Like a 4 ' X .8 '
landing, sure. I ' ll make a motion to close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE POLIWODA: I ' ll make a motion to approve the application
with a condition that there be a 4 ' X 8 ' landing at top with 4
other 4 ' X 8 ' landings .
TRUSTEE KING: Second. ALL Ayes
8 . Land Use on behalf of ,JOHN HURTADO, JR. requests a Wetland
Permit to construct a single family dwelling, sanitary system,
and driveway. Driveway consists of grading between 2 small
freshwater areas not regulated by DEC. Located: 10995 Bayview
Ave. , Southold. SCTM #79-5-2
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
CHECK BOWMAN: It was staked out and I know -you had some
questions . I was told there would be utilities that would be
buried. The description that we submitted for the driveway
between the two wetlands is pretty minimal . Its fairly level
there and it -would be 12 wide gravel drive with two swales 2 '
wide on either side that would be vegetated with switch grass as
a drainage Swale to 'catch any run off from the drive. This is a
23 acre parcel with one house going down the water. They are
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Board of Trustees 8 January 26, 2000
going to live there themselves and this is their only way of
access .
TRUSTEE KRUPSKI : Have you spoken to the Hurtado' s about this?
CHUCK: I haven't spoken them in about a week.
,TRUSTEE KRUPSKI : There' s a very complicated scenario there with
the Peconic Land Trust.
CHUCK: I had worked on that project with the Trustees so I 'm
very familiar with it. One of the questions which I have talked
with the Hurtado' s about was access through that area. Right
now they don't have the ability to access from the Trust
property. They have access on the road further up but not where
it comes in where the 'old Plock property is . They don't have
any right, to come in that way. I 've spoken to John Halsey about
it and he knows they don't have a right and more complicated is
the individual owners that are on the Plock piece now, the
individual home' owners who all have an undivided interest in
that road way. Again Mr. Hurtado does not have a legal right to
use that property.
TRUSTEE KRUPSKI : I think I 'm confused because we had a
conversation very positive with Mr. Hurtado and his son on the
site. We walked from the ponds up and back. From the Plock
property we met.
CHUCK: But the point I 'm trying to make is that we all would
agree is that if. they could have legal access from the Plock
property that would make 'the most sense with that house.
TRUSTEE KRUPSKI : I 'm 'on the Board of Directors for Peconic Land '
Trust and I approached the -Board about this because of the
nature of the application. The applicant seemed to think that
if he could get access from the Land' Trust to use part of that
driveway. Not as far up .as the neighbors go.
CHUCK: I haven't gotten an answer and certainly we have to
explore this more. The Trust did not have the ability to grant
access .to him. without all the other people agreeing.
TRUSTEE KRUPSKI : I didn't speak to John about this after we had
spoken to 'Mr. Hurtado. I .brought it up in front of the Board at
this months meeting and they did not have a problem with this .
It' s interesting to know that the Land Trust uses the right of
way that seems to be over Mr. Hurtado' s property.
CHUCK: All those lot owners do.
TRUSTEE KRUPSKI : I mean from Bayview.
CHUCK: That' s what I 'm saying. All those owners do and that
came about from the Plock property. So we just continued on in
title. But Mr. Hurtado who owns the piece that the-.Trust and
all those lot. owners have the ability to cross over from Bayview
to the property line that was the Plocks . His right' does not go
any further than that.
TRUSTEE KRUPSKI : We understand that.
CHUCK: The point I 'm trying to make is everybody has agreed,
yes, it would be wonderful . I would go back to John to see , if
there is a -legal ability for the Trust to grant that. Yes; it
would be great if you have the legal ability to do it'.
TRUSTEE KRUPSKI : The reason I gave it to the Trust that it
would be a good idea was.' simply for environmental reasons. You
wouldn't want to fragment. the fresh water wetlands in that area
Board of Trustees 9 January 26, 2000
especially where there' s a really nice well maintained road way
into the property.
CHUCK: I agree with you, 100%. One thing I want to make clear
to the Hurtado' s is 1) the Trust has a legal right and 2) that
Mr. Hurtado isn't forced into paying a lot of money to have that
right of access there.
TRUSTEE KRUPSKI : I was under the impression that we didn't.
That this would come off the Land Trust property before it
reached that 4 lot subdivision.
CHUCK: But you don't know what the status of that road 'is . . Is
it a right of way or a fee title or those lot owners and the
.Trust all own it jointly. If they all own it jointly everybody
has to sign off on it. If the Trust owns it and the others just
have the right of way they could give the right to use it to 50
other people. That' s what we have to establish. I will take it
upon myself to establish this .
TRUSTEE KRUPSKI : I will make a call tomorrow to see where that
is going.
CHUCK: John has sent. me the original map of the Plock property
that are over wetlands and I thought that would show status . It
does not. I looked at all my records when the Plocks owned it
and they were going to sell it for a sub-division and I couldn't
find any reference to that. What we need really is the copy of
the deeds to those individual lot owners which show how they own
that right of way.
TRUSTEE KRUPSKI : We were standing here right at the end of the
guard rail is .where we had the discussion about putting the
driveway' in going over to the southerly property line and
heading up to their house. From what it looks like that
wouldn't be on anyone else' s property but the Land Trusts ' .
CHUCK: I hope your right. It seems as though- these people may
own these drives in here.
TRUSTEE KRUPSKI : Well that would be separate parcels here.
CHUCK: You see . these little breaks in here? There' s a parcel
here, a parcel in the middle and a parcel here. Actually
there' s four.- But you see this line here. . . . . I don't know
whether their ownership of this that says "right of way" stops
here or continues .
TRUSTEE KRUPSKI : I think it does because- I think delineates the
actual width of the road as opposed to the actual 50 foot of the
right of way.
CHUCK: It could be, but in their deed it would say they own
actually in feet tidal this. . . .whatever it is, of this right of
way and an undivided interest or easement over this part. It' s
just an easement over this part the Truste could grant an
easement• to Mr.• Hurtado.
TRUSTEE KRUPSKI : I 'm gonna make a motion to table this and try
to resolve this .
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE KRUPSKI : Do you have a survey of the Plock property?
CHUCK: Yes . '
9 . Land use on behalf of WILLIAM MALLINS ,requests a Wetland
Permit to construct .a 4 ' X 40 ' fixed timber dock, elev. 4 ' above
Board of Trustees 10 January 26, 2000
marsh, a 3 ' X 20 ' ramp and a 6 ' X 20P float. The whole dock
will have 12 - 8" piles overall . Located: 70 Jacksons Landing,
Mattituck. SCTM #113-4-3 & 4
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of this application?
CHUCK: This application is for a small dock with a small float.
TRUSTEE KING: I was supposed to get called when the stakes were
put in place and no one called me and with all the ice there' s
nothing left.
CHUCK: I know we had called but I will have it re-staked.
TRUSTEE KRUPSKI : I ' ll make a motion to table the application.
TRUSTEE POLIWODA: Second. ALL AYES
10 . J.M.O. Consulting on behalf of`, 'FRANCES E. NEILSENrequests
a Wetland Permit to construct a deck, pool. patio, retaining
wall, pool equipment shed, backwash, leaching pool and regrade
area of pool . Located: East End Road, Fishers Island. SCTM
#5-1-8
TRUSTEE KRUPSKI : I ' ll make a motion to postpone this
application because we did not get to go over to Fishers Island
this month.
1. En-Consultants Inc. -, on behalf of' GEERT MARTENS & THOMAS R.
\, MURRAY ',requested a Wetland Permit to construct a single family
dwelling with pool, cabana and garage. Located:. 5028 New
Suffolk Ave. , Mattituck. SCTM #115-10-2
TRUSTEE KRUPSKI : Is there anyone here who wishes to speak on
behalf of this application?
ROB HERRMANN: I believe it was two months ago that the Board
reviewed this application with a prior survey and site plan and
just -to refresh the Boards memory there were. some problems and
questions with the survey. The wetlands had not been flagged or
located in the field. I believe there were some staking
problems and there was some discussions about he survey. What
has been accomplished is another surveyor has been retained and
prepaid a new survey and site plan and located the wetland flags
which I had placed. The site plan that you see in front of you
is essentially the one that you discussed but of course all of
the proper changes have been made now. The house is shown with
the proposed pool and deck, drywells, serving booth and the
house and wetlands setback shown.
TRUSTEE KRUPSKI: We looked at it and found it staked properly
and setback properly. I 'd like to see put on it a staked row of
haybales that would be left in place even after construction.
It ' s such a steep bank there. What does the Board think about a
buffer there? Our standard is a 50 ' buffer.
ROB: I think we discussed that a couple of months ago. Joe
Ingegno didn't show it on here. What I imagine what would be
the case on the southern portion of the property and the crest
of the embankment to act as a buffer and then toward the north
where the bank is narrower as far as the horizontal distance to
impose the 50 ' . So basically you have 50 ' or the crest of the
embankment whichever is appropriate.
TRUSTEE KRUPSKI : Could we have that drawn on there.
Board of Trustees 11' January 26, 2000
ROB: Yes .
TRUSTEE POLIWODA: Move to close the hearing.
TRUSTEE KING: Second. ALL AYES
TRUSTEE KRUPSKI : I ' ll make a motion to approve the application
provided there be a staked row of haybales with a 50 ' setback
except on the southerly end where is should follow the top of
the bank and the area of no disturbance between that and the
haybales to be maintained.
TRUSTEES POLIWODA: Second. ALL AYES
11 . En-Consultants Inc on behalf of ROBERT WIECZOREK ( formally
Frank Flynn' s) requested a Wetland Permit to construct a fixed
timber dock consisting of a 4 ' X 12 ' ramp to a 4 ' X 42 ' fixed
catwalk, elev. 4 ' above marsh, a 3 ' X 20 hinged ramp and a 6 ' X
30 ' float with a 4 ' X 4 ' extension for ramp to be secured by 2-
2 pile dolphins . Located: 835 Tarpon Road, Southold. SCTM
#53-5-8 & 57-1-39 .2
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
ROB: Hopefully the Board did get out to see the property in
December and the property and the entire length of the dock was
staked. It' s a fairly straight forward application. It' s a
recreational boating dock. The Board of course will notice the
longer float, a 6 ' X 301 . This is not over Town water it is
over a private boat basin. You have a copy of the deed and is
shown on the survey. The Board did have a few questions when
the hearing was first opened. There-, was some question, as to the
positioning of the dock relative to Tarpon Road. It is a
privately owned road by the Southold Shore Assoc. It is not a
boat .launching area to the best of my knowledge. If it were the
tidal wetlands along there would be crushed. They are in good
condition. Even if they were used there is plenty of room. . I
hope the Board saw that from the staking. I believe the stake
went from the landward most end all the up to the seaward end of
the float.
TRUSTEE KRUPSKI : The only comment I 'd like to make is the 6 ' X
20 ' float is not only to minimize the impact on Town owned
wetlands it is to minimize on all the. wetlands' that would affect
the people in the Town. We stick from a single family residence
to a standard size of a 6 ' X 20 ' float.
ROBERT WIECZ.OREK: This bottom is . a clay bottom. It is the old
brick factory that was closed in the early 20th century. As a
result there is no vegetation underneath at all. I 'm looking
to ,accommodate boating and the convenience for the family.
TRUSTEE POLIWODA: As far as the previous owners, they allowed a
lot of the Baymen to harvest shellfish in that area, in the
private bottom. I was wondering how you were gonna respond to
the Baymen:
MR. WIECZOREK: I have no problem with that at all : I haven't
approached in either way. I only owned the house 3 or 4 weeks
now
TRUSTEE POLIWODA: It' s only open Nov. 15 until April ist.
That's the only time shellfishing is open for them
Board of Trustees 12 January 26, 2000
MR. WIECZOREK: I lived in Goose Creek and there are Baymen
there all the time and it never bothered me either way.
TRUSTEE POLIWODA: My other point was the 4 ' elevation, if you
could lower that to 31 .
ROB: This is what came. up earlier. We could lower the
elevation between the grade and the bottom of the stringers to
3 ' and I think that would work. That would meet the 3 1/2 ' to
the actual decking which is the special condition of the DEC
permits . I 'm not sure what you alluded to before, Al. I don't
know of any locations in Southold Town where the DEC is
providing some special exceptions for lower catwalks .
TRUSTEE KRUPSKI : Someone told me that, not a special exception
but actually. . . . .
ROB: No, your being misled there. With all due respect of who
told you that. If the DEC were going along with any of these
local policies it would make my life so much easier and I would
be sure to notice it. We could lower the 4 ' to 3 ' here and
still accommodate the DEC condition because we have a 6".
stringer. So it should work.
TRUSTEE POLIWODA: I 'm in .favor of the 6 ' X 20 ' float. Because
it' s standard policy.
ROB: It has been the Boards standard policy over Town waters .
TRUSTEE KRUPSKI : It's not only the exclusion of other people
from public bottom. It' s still also the environmental factors
of having a larger structure out there and all of that implies .
ROB: What is the anticipated environmental impact of a 6 ' X 30 '.
over 6 ' X 20 ' in this particular location?
TRUSTEE KRUPSKI : If the Baymen are harvesting shellfish there,
than it must be a healthy bottom. Because they're not gonna go
and spend their time if there is nothing to harvest. We don't
want to impact that. We want to impact that as little as
possible.
TRUSTEE POLIWODA: I understand you might have a larger boat and
a Trustee is not here tonight, and I believe he has a 55 footer
who has a 20 ' float. He takes advantage of a pole. Whether on
pole or a pole on each end of his float maybe 10 ' off his dock
where he can accommodate a large boat.
MR. WIECZOREK: Well . it' s just getting on and off the boat.
When your tying up lines and the dock' s not there it makes it
very difficult'. My' wife and I have been sailing for the last 20
years and when we're sailing it usually takes two of us . It
makes it much more convenient. It's not to disturb the bottom
with anything too large but it' s really for convenience.
ROB: Do you foresee any that there would be some significant
impact around this float whether it were another 10 ' long or not?
TRUSTEE POLIWODA: I haven't approved anything over a 6 ' X 20 '
ROB: There was actually in an Amendment there was an 8 ' X 20 '
approved to Susan Oiestad a year or two ago.
TRUSTEE KRUPSKI : No as an 8 ' X 20 ' . And we had a discussion
about that and we reviewed the minutes and nobody. could
understand why we would have approved the 8 ' X 20 ' . We approved
the one year extension for a 6 ' X 20 ' . That was some sort of
error that passed us . There was some confusion about where that
came from.
Board of Trustees 13 January 26, 2000
ROB: If you can be sure that you didn't. . . . . .that the Board did
not grant a 6 ' X 30 ' over private bottom within the last few
years than I would feel comfortable with the decision. I may
have misunderstood the. policy but I think that my re-statement
of. what I 've heard is fairly accurate.
TRUSTEE POLIWODA: Again, you can usually accommodate with a
pole.
TRUSTEE KING: I don't have, a big problem with it being in
private bottom with a 30 ' float.
TRUSTEE KRUPSKI : I ' ll make a motion to table the application
until the whole Board if present. Two are on vacation.
TRUSTEE KING: - Second. ALL AYES
12; En-Consultants Inc. , on behalf of ZOSEPH CORNACCHIA '.
requests a Wetland Permit to relocate existing dock consisting
of a 3 ' X 14 ' ramp and 3- 4 ' X 20 ' floats secured by 7- 8" in
diameter pilings onto owners parcel from owners other parcel,
and remove 2- 8" mooring piles and 1- 2 pile dolphin. Located:
635 Kimberly Lane, Southold. SCTM #70-13-20 .4
TRUSTEE KRUPSKI : Is there anyone here who would .like to :speak
in favor of the application?
ROB: I have and the Board may have some awful memories of the
last application that involved sliding a ramp and float a few
feet. Hopefully this application will be shorter lived. The
applicant owns both parcels . One has a primary residence on it
and the other consists of tennis court and pool. The dock
facility, based on the removal of some of these mooring pilings
and dolphins will be slightly reduced with the primary purpose
of it is for this dock is to front the property of the primary
residence. As opposed to the secondary property without the
primary dwelling on it.
TRUSTEE KRUPSKI : What is the footpath? What does that mean?
ROB: The foot path that is shown has been a mystery. It .
appears in the Suff. County Tax Map, but the Town of Southold
has no record of ownership and doesn't know what it is . We
checked with the Assessor's Office and they could not tell me
. what it was or who owned and told me to that it is not taxed.
The only thing I can think of is that in some point in time
there was some sort of pedestrian right of way through these two
lots around the back of the bulkhead and over to what is labeled
on the survey as a park and recreational area, which in my. bes.t
judgement can be that small beach area fronting Southold Bay.
From my brief visit to the property I would be pretty amazed
that there is normal pedestrian traffic through this property,
but it appears to be in place. Again who benefits from it or
who owns it, the Town of Southold Assessors Office doesn't know
and they tell me that nobody pays taxes on it. I can't answer
your question other than what else I found out.
TRUSTEE KING: I think it 's Trustee land.
ROB: I hoped so. It' s a question that the DEC has asked me
before they issued a notice of complete application. They had
asked if there were riparian rights to that. Because the ramp
would front that foot path. So as far as I can tell I would
imagine No. Because the purpose of it appears to be based on
r
f
Board of Trustees 14 January 26, 2000
it' s location to gain access over this park and recreational
area. So why there would be any riparian rights would be beyond
my wildest imagination. The bulkhead fronts two privately owned
parcels . This is a right of way 'over those privately owned
parcels to a public area. Without getting Attorney' s
involved. . . . . .
TRUSTEE KRUPSKI : Thanks for bring us into this one.
ROB: There' s no physical foot path there. But it does seem to
exist. The Town of Southold doesn't know who to give it claim
to.
TRUSTEE POLIWODA: I didn't see a problem with sliding the dock
over. I questioned the number of floats but that was probably
preciously permitted.
ROB: Again, the dolphin pilings to the north are going to be
removed. The tie off poles 'on the south will be removed as
well . If anything, there's a slight reduction.
TRUSTEE KRUPSKI : Do. you have a permit for this dock?
ROB: I don't know if there was .
TRUSTEE KRUPSKI : I think we should show this to the Town
Attorney just to be fair with everyone involved. Just to make
sure it' s not a ' snake in the grass ' here. Also. if you could
provide us with any permits with this dock. Because this is a
larger .float than what we would have approved. So I ' ll make a
motion to table this application until the Town Attorney looks .
at this and wait until Rob can dig anything up.
TRUSTEE POLIWODA: Second. ALL AYES
13 . En-Consultants Inc. , on behalf of 'EDNA _RICHARDS .,requested a
Wetland Permit to construct a 4 ' X 58 ' dock elev. 3 ' 5 above
marsh, a 3 ' X 14 ' ramp and a 6 ' X 20 ' float with 2- 8" pilings
and 2 ' X 4 ' . steps from existing stone wall to catwalk. Located:
2300 Broadwaters Road, Cutchogue. SCTM #111-1-1
TRUSTEE KRUPSKI : Is there anyone to speak either in favor or
against the application?
ROB: This dock dock is adjacent to Susan Oiestad property. The
dock was designed virtually identical to one you approved for
Oiestad- with the exception of the 6 ' wide float. Both docks `
extend about 35 ' seaward of the inter-tidal marsh. This again,
we're hoping this is one of these rare docks which will satisfy
the normal standards above the Board of Trustees and the DEC.
As you get out to the last 4 or 5 6 ' of this float you get
water deep enough for the DEC to issue a permit. At the same
time it is virtually identical to the Oiestad one.
TRUSTEE POLIWODA: I 'm thinking about you not getting too
excited about this one. Did you have water depths measured
beyond the dock and show where that flat comes up?
ROB: Yes . Right where the flat comes up?
TRUSTEE POLIWODA: Yes . Right in front of the bog is a flat.
ROB: I did it by foot, so where you see at the end of this is
about where it was too deep and stand anymore and measure.
TRUSTEE POLIWODA: If you make a few more steps, you' ll come
right up and on a good low tide that will be bare.
Board of Trustees 15 January 26, 2000
TRUSTEE KRUPSKI : That was our concern when we looked at it.
That there was a natural channel along the edge of the marsh and
then the big flat beyond.
ROB: I was there at' low tide and there was no flat.
TRUSTEE POLIWODA: At a good tide.
ROB: Moon tide?
TRUSTEE POLIWODA: Otherwise you' ll have a foot or maybe 18" .
TRUSTEE KRUPSKI : Probably today there was no water there.
ROB: I 'm not sure how to respond to that because -I would have
to see that. I was there at low tide and it was 4 ' at that spot.
TRUSTEE POLIWODA: I 'm concerned for the neighbors up. to the
north that they're trying to navigate that channel and if there
is a dock and float on that part they will have to navigate
right around and hit that flat.
ROB: Was that not a concern with the property next door?
TRUSTEE POLIWODA: No, because that flat sort of ends at this
point right where that dock is proposed is .
TRUSTEE KRUPSKI : Can we meet with you next month?
ROB: Yes,, because I don't know how else to treat it. Your
describing a site condition at low tide that I didn't find at
all . The numbers that are out there are legitimate. Maybe we
should try .to get out there at spring low tide.
TRUSTEE KRUPSKI : We might have to wait until the ice melts . So
coordinate with Ken and take a look at it. CAC recommend
disapproval because the structure is excessive and would have a
potential impact on the wetlands due to phragmentation limiting
public access to the eco system including navigation. 'The one
next door, they approved. I ' ll make a motion to table the
application.
TRUSTEE POLIWODA: Second. ALL AYES
14 . En-Consultants Inc. , on behalf of - KIMBERLY MUELLER requests
a Wetland Permit to remove approx. 95 ' of bulkhead, and replace
with 93 ' of vinyl low' sill bulkhead, 10 c.y. of upland material
will be excavated from behind northern portion of bulkhead and
used for backfill with qpprox. 10 c.y. of clean sand to be
trucked in from an upland source, excavated area will be planted
with spartina alternflora and patens 6 ' on center and remove and
replace inkind/inplace 17 ' northern return with low sill vinyl
return and construct a 14 ' southerly low sill vinyl return.
Located: 1445 Bungalow Lane, Mattituck. SCTM #123-3-19
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
ROB: This is one to get excited about. This is about as good
as the Board is gonna get. There is an old vertical bulkhead
that is dilapidated and obviously deteriorating into the
wetlands . That is going to be removed. More or less in it' s
place is going to be a low sill vinyl bulkhead. And this is a
great site because unlike a lot . of these newer projects that the
Boards see there is a low sill bulkhead next door. I don't know
when it went in but it' s there and it' s working.
TRUSTEE KRUPSKI : To which side?
. ROB: To the south. It' s in the first picture. (indicating in
the file) You can see that there is inter-tidal marsh on either
Board of Trustees 16 January 26, -2000
side of this bulkhead. The best time to see this is when I went
back out to stake this, the corners for the DEC. The low tide
was completely flat and totally iced and the only thing you
could see here was the portion of a low sill bulkhead above the
bay bottom. This project is basically gonna mimic this one..
This has been the theory of each of these project and hopefully
in fact for the ones that work. This is a situation where the
Board is looking at a stabilization of a toe for privately owned
property while at the same time, and in this , case really
r enhancing the tidal wetland area and for change have a purical
project right next door.
TRUSTEE KRUPSKI : This was a complicated review out there.' We
would like to meet with you out there because we had some
questions that it would be easier if we could explain on the
site. What' s the fate of the wood ramp?
ROB: I believe that is gonna be removed.
TRUSTEE KRUPSKI : Than why would the return be on the site?
ROB: If your gonna trunk the whole structure the shoreline with
low sill bulkhead you've got to keep return low sill as well .
The DEC has asked for that too, because otherwise you will loose
right behind it. So we have to replace the return.
TRUSTEE KRUPSKI : Why isn't the return on the property line?
ROB: Because it basically is running along where the existing
return is now. It' s just less disturbance than going the whole
way across to that ramp. I could check with the contractor and
see why.
TRUSTEE KRUPSKI : To get the wall exactly placed I think it
would be better if we met with you out there.
ROB: OK. ,
TRUSTEE KRUPSKI : I ' ll. make a motion we table this application
until it is re-inspected.
TRUSTEE KING: Second. ALL AYES
15 . En-Consultants Inc. , on behalf of JAMES �& LILIANO MIHALIOS
requests a Wetland Permit to construct a 77 ' retaining wall with
2- 12 ' angled returns and 150 c.y. of clean sand as backfill and
planted with Cape American Beach Grass . Located: 640 Lloyd' s
. Lane, Mattituck. SCTM #99-1-60 -
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of -the application?
ROB: This is fairly straight forward in terms of similar ones
the Board has seen before. ' The stabilization of bluff toe on
Long Island Sound. it is a quite a bit different to the effect
that in this sub-division and the Association there, the
location of the retaining wall will not be on the Mihalios
property. It will be on the property of the Honeysuckle Hills
Property Owners Association, who owns basically the privately
owned beach fronting the seaward toe of the bluff. So to make
this application the first thing I did was contact Alex Doroski
who is the .President of the Honeysuckle Hills prop. Owners
Assoc. because our office has been contacted by George Reese as
well who is the owner" of the property to the east. They are
interested in doing a similar project. This Board should have
been provided with a letter from Mr. Doroski . When I spoke with
Board of Trustees 17 January 26, 2000
him he was going to bring this up with the entire Assoc iation. at
their meeting. The letter that was entered into the records
says . ' "I Alex Doroski as President of Honeysuckle Hills Prop.
Owners . Assoc . which owns property known as SCTM #99-3-4 .21
located adjacent to and north owned by James Mihalios . The
association Member have been made aware of Mr. Mihalios proposal
to construct a retaining wall at the toe of the ,bluff located on
the Associations property and fronting Mr. Mihalios upland
property which • include the bluff: portion of the bluff face. The
Association has no objection of this proposal provided Mr.
Milhalios and his contractor assume full responsibility for
maintaining the integrity of the retaining wall after it is
.constructed and that the Association bear no liability for any
damage caused destruction by storms or other natural forces .
Signed on 11/6/99 by. Allan Doroski" . I can't speak for, what was
discussed at the Association or the Members but the substance of
my discussion with Mr. Doroski is that historically been some
sort of permission given by the Association to access this beach
front which is very different than acting permission for a
structure to be constructed on their beach front.. That was why
I had approached him and apparently there was some sentiment at
least conveyed by him that certainly for each of these
properties .that .may be subject to sound front erosion that was
in the Association interest generally that the water front
properties within the •Association be protected. I know there ,is
some discussion from some of the other land owners that front
the water to' make similar applications, but the one. in front of
you is Milhalios . That's basically the application in a nut
shell .
LUCY CUTTLER: We own the property to the west of this _
application. ' So I 'm here to voice my concern about the impact
of the bulkhead on our property. We spent the last three years
of our life 'on this property cleaning out our beach and.
protecting it. It - is an un-bulkheaded property at this point. .
any further bulkheading we feel will continue to erode the beach
and our property and our neighbors property to the east. I feel
that that the continuation of bulkheading which is the domino
affect. It' s a 'band aid' really on the problem and not a long
term solution.
ROB: Your how many properties to the west of this site?
MRS . CUTTLER: We are directly to the west of the Peck
property. What we're asking is that a study be done on the
impact of an additional bulkhead on this stretch of the sound.
I walk that beach every day and I 've seen nothing but continued
erosion of the beach and at high tide it's impassable in many
places where there is bulkhead. The loss of habitat, grass and
habitat for endangered species are diminishing all the time.
TRUSTEE KING: You would be , just east of the Goldsmith property.
MRS. CUTTLER: Yes, I am. So we're already. . . . .
TRUSTEE KING: I think it':s bulkheaded from Baileys going east.
MRS. CUTTLER: . yes it is . Our property and the Peck property
are the only two properties along that stretch un-bulkheaded.
At this point ,we still have . the widest beach with- the only
L l
Board of Trustees 18 January 26, 2000
standing natural grass . My husband and I have worked to
maintain that grass .
TRUSTEE KRUPSKI : I 'm still unsure of this park property. This
has been going on for about half a year. In Mattituck about an
Association property. It becomes putting a structure on not
your own property.
ROB: That was the purpose of going to the Association and
having brought in front of the Association during a meeting to
get that approval . I don't know if Mrs . Cuttler is in the
Association or if she was at that meeting. But I can only go by
the letter that was provided to me by the President who
represents the Association.
TRUSTEE KRUPSKI : I would think the Association would have to
apply then. Because they are the ones who own the property.
ROB: I believe so. But I don't think the Association would act
as an applicant. . . . . . it is an interesting scenario because it ' s
not going on the beach property, it' s going at the toe of the
bluff. Obviously the standard situation that you see is when
the upland property owner installs a retaining wall at the toe
in order to stabilize the toe so that the rest of the bluff can
be stabilized. This is a perfect example is Louis Corso. The
Board has looked at it over a number of years and those
properties, once the toe is stabilized. You can then stabilize
the slope of the bluff and get a natural angle of repose. Then
you can plant that and terrace it and cut the top. The problem
is until the toe is stabilized you can't undertake any of those
further restoration efforts . The point that Mrs . Cuttler brings
up are valid ones and are typically associated with an ocean
front bulkhead situation. I 'm not aware of tern and plover site
from the rocky beach of L. I . Sound that gets regular tidal
inundation almost up to the toe of the bluff. That' s not a
natural habitat for the tern or plover. If a bulkhead is
spilled out on a beach it actually displaces the beach
property. You do get a loss of public access . That is a
problem. In the cases where it is built at the toe of the bluff
I can't think of any applications that we've seen through this
Board in the last five years where you've seen that kind of
problem occur. Again Corso is a great example of it. Where you
get the bluff that is adjacent to Corso that continues to erode
that continuously un-vegetated verses the job where they did on
Corso, where the toe of the bluff is stabilized and then
planted. They terraced it and planted it and you get a very
well vegetated bluff.
TRUSTEE KRUPSKI : That's what we have seen. By stabilizing the
toe of the bluff . . . .and Rob is correct, you stabilize, and cut
the bluff back so that it is stable and that it grows forever.
The problem is the possible problems you create by having a hard
structure in that area. But there' s the technical and legal
problem of structures on someone else' s property.
ROB: I don't know how to address that without having attorneys
involved. We took the logical steps which was to approach the ,
owner. Because it is an Association it is the Honeysuckle Hills
Subdivision where you have these water front properties who
share interest and common in preserving their upland including
e 1
Board of Trustees 19 January 26, 2000
the Cuttlers . My impression when speaking with Mr. Doroski, was
he felt before having spoken to the Association, that it seemed
to make sense to him that there would be a common interest in
the Association, meaning Association Members looking to preserve
the upland properties . The question of course comes down to, is
that preservation the upland property occurring at the expense
of the beach and we do see that very often on the Atlantic Ocean
on the south fork. I really have not witnessed it, and I don't
mean to contradict any observations that Mrs . Cuttler has had,
but I haven't seen it with any of the applications we've
represented and that have been permitted by this Board in the
past five years . I haven't seen that problem occur. You don't
have a dune environment, you have a very rocky beach and you
have an area .where there's very severe tidal flooding of these
beaches during high, high tide and during storms all the time.
That' s whether there' s bulkheading at the toe of the bluff or
not. So there' s basically a policy decision that has to be made
at some point in time of whether the upland properties are gonna
be preserved or not.
TRUSTEE KRUPSKI : That 's - different though than who' s property is
the upland property. So I think you've got to address that
first because we can't approve a structure for someone that ' s
not on their .own property. One thing when we did visit the site
is that. . . . '.and you can see the way it 's graded, or the way the
natural grade is, all that water is being pushed towards the
northwest. The whole lot was de-vegetated when we were there.
There ' s gonna be a serious erosion problem if that isn't
remedied some how. The erosion problem is gonna affect the
applicant because it' s gonna make a gully down the bank and
erode the bank and. his property.
ROB: Just explain to me. . . . .because I really didn't look at it.
TRUSTEE KRUPSKI : (He shows Rob on the map and explains) I 'm
gonna make a motion to table until the applicant can show us
ownership or right to put a structure on the park property.
TRUSTEE KING: Second. ALL AYES
16 . Pat Moore on behalf of +JEANNE & PHIL MARRINER requested a
Wetland Permit to construct a 4 ' X 40 ' catwalk, a 3 ' X 12 ' ramp
and . a 6 ' X 20 ' float.- Located: 400 Sailor' s Needle Road,
Mattituck. SCTM #144-5-29 .2
TRUSTEE KRUPSKI : Is there anyone here who wishes to speak in
favor of the application?
PAT MOORE: I 'm hereto represent the application.
TRUSTEE POLIWODA: This is an exact replica of the one southeast
of it. I didn't see a problem with it.
TRUSTEE KING: I ' ll make a motion to close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE POLIWODA: I ' ll make a motion to approve the application.
TRUSTEE KING: Second. ' ALL AYES
17 . John Kowalski on behalf of'.„DANIEL C. MOONEY requests a
Wetland Permit to construct a 55 ' 6" X 10 ' deck and a 36 ' 6" X
1613" deck with roof over decks. Located: 575 Pine Place, East
Marion. SCTM #37-4-16
A v
Board of Trustees 20 January 26, 2000
TRUSTEE KRUPSKI : Is there anyone here who wishes to speak in
favor of the application?
DAN MOONEY: We own the property and this is just decks with a
roof over it.
TRUSTEE POLIWODA.: I didn't have a 'problem with it but I do have
a couple of recommendations . I couldn't tell if there was a
buffer on the bulkhead landward to the house of non-turf.
DAN: There is natural grass, it' s cut or trimmed and I don't
fertilize it. Part of it is a driveway which is paved really
with stone on top of pavement and then there' s just grass . , But
it ' s not fertilized because it is too close to the water.
TRUSTEE POLIWODA: I ' ll make a motion to close the hearing.
TRUSTEE KING: Second. ALL AYES
TRUSTEE POLIWODA: I ' ll make a motion to approve the application
with condition that the roof have gutters that run into drywells .
TRUSTEE KING: Second. ALL AYES
18 . Catherine Mesiano on behalf of', RALPH KAPLAN,..'requests a
Wetland Permit to install a 4 ' X 24 ' fixed walk elev. 3 1/2 '
above marsh, a 3 ' X . 14 ' ramp and an 8 ' X 16 ' float with 6" low
profile piles . Located: 1657 Meadow Lane, .Mattituck. SCTM
#116-4-15
TRUSTEE KRUPSKI : Is there anyone here who wishes to speak in
favor of . the application?
CATHY MESIANO: I 'm here to represent the applicant. Basically
we' re here to construct this which would enable them to access
. the waterway. They own a kayak. They presently launch kayak by
walking through the grass want to eliminate the erosion of the
wetland area and launch this properly. I 'm sure you have a
question as to the configuration of the float because it is not .
placed perpendicular to the ramp as they normally are and placed
long ways as it takes two.. people to launch the kayak and enables
them to walk down the ramp and launch the kayak safely.
TRUSTEE KRUPSKI : The big thing we had and I don't think it' s
gonna get passed the DEC. There' s no water there. There' s only
about 6" of water and it shows right where the floats going. We
were there two weeks ago.
CATHY: I did have the property surveyed and the elevation
showed there was two feet under the ramp and three feet at mean
low water.
TRUSTEE KRUPSKI : I don't know if we would have with adding
another 14 ' instead of the ramp, on the catwalk, with some
stairs .
CATHY: So to extend. the catwalk so they could put the float out
further?
TRUSTEE KRUPSKI : No, there's no water for the float. And the
DEC wouldn't pass that. Just make the catwalk another 14 ' out
instead of the ramp and since there is no water no matter much
further you, go out, it' s gonna be the same and then a set of,
stairs attached to the catwalk. No ramp and float.
CATHY: I don't have the authority to accept that and I would
like to speak with the applicants . Could I table this .
TRUSTEE KRUPSKI : Sure. And they can also they can give me a
call and be happy to talk with them.
Board of Trustees 21 January 26, 2000
CATHY: I ' ll have the contractor talk to you.
TRUSTEE KRUPSKI : I 'll make a motion to table the application.
TRUSTEE KING: Second. ALL AYES
19 . Catherine Mesiano on behalf of KERMIT JOHNS -requests a
Wetland Permit to construct a 4 ' X 100 ' walkway, a 3 ' X 12 ' ramp
and a 6 ' X 20 ' float with 6" pilings and inkind/inplace
replacement of wall and steps . Located: 1800 Broadwaters Road,
Cutchogue. SCTM #104-9-10
TRUSTEE KRUPSKI : Is there anyone here who would like to speak
in favor of the application?
CATHY: I understand that when you inspected the site the stake
was not visible. I can't respond to that. I did have it staked
that morning. I don't know why it was not there when you were
there. I can draw your attention to the planned view of the
plan that does illustrate that the proposed structure does not
extend beyond the existing dock from the neighboring
properties . That's illustrated on page one of two of the
plans .
TRUSTEE KRUPSKI : We would like to see it staked and get Kenny
to walk out there. There' s a natural channel along the edge and
then a flat out in the middle. So we want to make sure to keep
it out of that channel . The retaining wall we weren't happy
with. We don't want to glorify that.
CATHY: OK. They're willing to forgo that. It was in such poor
shape. It was a matter of leaving it there .until it
deteriorated or replacing it.
TRUSTEE KRUPSKI : And dumping of grass clippings .
CATHY: Mr. Johns just acquired the property in October and that
was there and he intends to clean all of that out. And it will
be removed.
TRUSTEE KRUPSKI : We' ll make a motion to table this and have it
staked.
TRUSTEE KING: Second. ALL AYES
20 . ' JOHN PRIZEMAN requests a Wetland Permit to construct a
single family dwelling with attached deck. Located: 10605
Soundview Ave. , Southold. SCTM #54-5-37 . 3
TRUSTEE KRUPSKI : Is there anyone here who wishes to speak in
favor of the application?
JOHN DE REEDER: I 'm here in Mr. Prizeman' s place.
TRUSTEE KRUPSKI : We inspected it and we would like to see a
buffer between the house and the marsh area of about 35 ' . ,we'd
like to see a staked row of haybales 20 ' off where the deck
would be.
TRUSTEE KING: I ' ll make a motion to close the hearing.
TRUSTEE POLIWODA: Second. ALL AYES
TRUSTEE KING moved to go back to the regular meeting, TRUSTEE
POLIWODA seconded. ALL AYES
V. MOORINGS
V
Board of Trustees 22 January 26, 2000
1 . WILLIAM BUHLER requests a stake on public property for an 8 '
boat in Goose Creek. ACCESS: Public
TRUSTEE KRUPSKI moved to deny the application as there is too
many stakes and moorings in this creek already. and that no
stakes are allowed on road endings anymore, TRUSTEE POLIWODA
seconded. ALL AYES
2 . GARY RIEHL requests a stake off private property (Coady' s)
for a 10 ' paddle boat in Goose Creek. ACCESS: Private
TRUSTEE KRUPSKI moved to deny the application for the same .
reason as. above application, TRUSTEE POLIWODA seconded. ALL AYES
3 . GLENN SMITH requests a stake in Richmond Creek for a 15 '
sailboat. ACCESS: Public.
TRUSTEE KRUPSKI moved to approve the application, TRUSTEE KING
seconded. ALL AYES
Meeting Adjourned at: 10 :05 p.m.
RESPECTFULLY SUBMITTED BY:
DIANE J. HERBERT, CLERK
RECEIVED AND FILED BY
THE u®UT�.::OLD T-0 714 CLERK
k
Town Clerk, Town of Southold