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Home My WebLink AboutTR-03/20/2002 Albert J.Krupski,President Town Hall James King,Vice-President SAff 53095 Route 25 Artie Foster �O�'0 C��j P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 � Peggy A.Dickerson W Z Telephone(631) 765-1892 Oy� Fax(631) 765-1366 of � Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Minutes March 20,2002 Present.Were: Albert J. Krupski Jr.,President Jim King, Vice President Peg Dickerson, Trustee Ken Poliwoda, Trustee Artie Foster Trustee(Absent) Scott Hilary, CAC Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday,April 17th at 8:00 a.m. TRUSTEE KING moved to approve, TRUSTEE POLIWODA seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday,April 24th at 7:00 p.m. NEXT WORK SESSION: 6:00 p.m. TRUSTEE KING moved to Approve. TRUSTEE DICKERSON Seconded ALLAYES PASS ON THE MINUTES OF JANUARY 23 and FEBRUARY 20th meeting to have further discussion on those. TRUISTEE KRUPSKI moved to pass on minutes. ALL AYES I. MONTHLY REPORT: The monthly report for the Trustees for the month of February 2002 a check for$6,609.00 was forwarded to the Supervisors office to the General Fund. II. PUBLIC NOTICES: Are posted on the Town Clerks bulletin Board for review. 1 � r+ III. AMENDMENTS/WAIVER/CHANGES: 1. CHARLES BURST request an amendment to permit 2003 to change the existing dock and ramp to a floating dock and two piles to hold the dock. Located: 705 Windy Point Road, Southold NY SCTM# 87-4-6. If the Board approves these I am going to stamp these plans that they submitted tonight. It is actually Charles Burst and Herbert Lindtueit. TRUSTEE KRUPSKI: Do I have a motion to approve? TRUSTEE POLIWODA: Motion to approve TRUSTEE KING; Seconded ALL AYES 2. REYDON SHORES PROPERTY OWNERS ASSOCIATION: request an amendment to permit#4704 to include the installation of a floating walkway parallel to the west bulkhead. The walkway would be accessed by ramp from the north bulkhead the installation of this walkway does not increase the number of boats that are berthed. Located: North End of Reydon Shores Drive Southold,NY SCTM#80-3-21.1. CAC recommends approval. TRUSTEE KING Moved to approve TRUSTEE DICKERSON: Seconded. ALL AYES 3. LAND USE ECOLOGICAL SERVICES INC. On behalf of JOSEPH CORTALE request an amendment to Permit#5288 to depict(2)proposed tie off piles at the end of the proposed dock each tie off pile is proposed to be 5' from either side of the proposed dock,preventing the vessel from mooring parallel to the proposed dock. Located: 2305 Glenn Road, Southold NY SCTM#78-2-39. TRUSTEE KRUPSKI: I would like to make a motion to approve the application on a conditional approval subject to next month's field inspection. Just to insure the Board that in fact the one-third rule will be enforced on the final permit. TRUSTEE KING Motion to approve TRUSTEE DICKERSON; Seconded ALL AYES 4. Susan E.Long Permits, on behalf of PATRICK LOHN request Amendment to Permit#4954 to install 3' X 12' ramp and 6' X 20' float secured with pilings. Located: 2480 Minnehaha Blvd. Southold,NY SCTM# 87-3-57. CAC recommended approval. TRUSTEE POLIWODA: Motion to approve. TRUSTEEE DICKERSON: Seconded. ALL AYES 2 5. VINCENT & PETRA BENIC request a change of name from Leslie &Rose Marie Windisch transfer Permit#4378 to Vincent&Petra Benic also Amendment to Permit#4378 to conform to plans approved by NYS Department of Environmental Conservation. Located: 1375 Pine Neck Road, Southold,NY SCTM#70-5-39 CAC had no comments. Tabled to be re-inspected TRUSTEE KRUPSKI: Motion to table to be staked at next month inspection TRUSTEE DICKERSON: Seconded ALL AYES 6. WINIFRED J. HARRIS-ALLEN request a change of name from Eillis Terry for permit#2057 dated 8/25/85 to Winifred J. Harris-Allen Located: 230 Jockey Creek Drive, Southold,NY SCTM#70-5-8. TRUSTEE POLIWODA: Motion to Approve TRUSTEE KING; Seconded ALL AYES 7. SHIU CHING CHEN request a change of name from Richard Sansevere for permit# 5051 to Shiu Ching Chen Located: 7433 Soundview Avenue, Southold NY SCTM#59-6-5.1 Tabled to be reinspected must conform to October 5, 2000. Wetland Permit.approval. TRUSTEE KRUPSKI: Motion to table TRUSTEE KING: Seconded ALL AYES 8. KAREN&ROLAND GRANT request a waiver to install a four foot high fence across the rear of property,N/E corner within Town Trustees jurisdiction per NYS Building Code, fence required to surround property containing swimming pool. Located: 1775 Indian Neck Lane,Peconic,NY SCTM# 86-05-9.1 TRUSTEE KRUPSKI: Motion to Approve. TRUSTEE DICKERSON Seconded ALL AYES 9. FRANCES E. NIELSEN request an Amendment to Permit#5172 to construct a deck and screened porch addition to an existing single family dwelling as per plans dated 12/15/01. Located: East End Road, Fishers Island NY SCTM# 5-1-8 TRUSTEE POLIWODA: Motion to Table TRUSTEE DICKERSON: Seconded motion to Table. ALL AYES 10. DOUGLAS ROSE requests a one-year extension Permit#5150 for bulkhead replacement. Located 95 Kimberly Lane, Southold,NY SCTM#70-13-20.1 TRUSTEE POLIWODA ; Motion to approve TRUSTEE DICKERSON; Seconded. ALL AYES 3 3. JOHN HENRY requests a Wetland Permit to construct a 9' X 36' ground level deck,remove window and install an overhead door, and construct stairs from the existing deck to the ground on the south side of the house. Location: 2360 Village Lane, Orient,NY SCTM#26-1-15.1 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? Anyone like to speak against the application? CAC recommends disapproval because the project was not staked. This is an application that Artie looked at. SCOTT HILARY: Al, once again our Board's general policy is to disapprove or table those projects that are not staked. We have a few of those on the agenda this evening. TRUSTEE KRUPSKI: Trustee Foster looked at the project and did not have any problem with it. Any comment from the Board? TRUSTEE DICKERSON: Motion to table TRUSTEE KING Seconded TRUSTEE KRUPSKI: All in favor ALL AYES 4. BUDD'S POND MARINE requests a Wetland Permit for maintenance dredging two areas of marina adding 4 slips to the marina. Forty cubic yards to be dredged and loaded upland. Located: 61500 Route 25, Southold,NY SCTM# 56-22-32.&3.3 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor or against the application? Any comments? TRUSTEE KING: Is that a typo or are you going to dredge two acres of property? BILL WITZLE; Total of forty cubic yards in two different areas. TRUSTEE KRUPSKI: Travelers slip is the other area to be dredged? BILL WITZLE: Yes SCOTT HILARY: CAC recommends approval. TRUSTEE KRUPSKI: Is there any other comments? TRUSTEE KING: Motion to close the hearing. TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor ALL AYES TRUSTEE DICKERSON: I make a motion to approve wetland permit for maintenance dredging in Budd's Pond Marina. TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor ALL AYES 5. JAMES & CATHY SLECKMAN request a Wetland Permit for renovation and addition of second story. Located: 150 Oak Avenue, Southold,NY SCTM# 77-2-6 TRUSTEE KRUPSKI: Any one like to speak in favor of or against the application? Comment from CAC was that it was not staked and the proposed work was unclear. The applicant should provide excavation volume. Scott could you define that for us. 5 `Y t 11. CHARLES SIREY requests a one-year extension Permit#5113 for a fixed open walkway, steps,ramp and floating dock. Located 435 Westview Drive, Mattituck, NY SCTM# 139-1-23 TRUSTEE KING: Motion to Approve TRUSTEE DICKERSON: Seconded. ALL AYES- TRUSTEE KRUPSKI: I need a Motion to go off the regular meeting TRUSTEE KING: I will make a Motion TRUSTEE DICKERSON Seconded ALL AYES I. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOEN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLKTIMES. PERTUNENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR OMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF FIVE(5) MINUTES OR LESS IF POSSIBLE. 1. JOAN B. LACAILLE request a Wetland Permit for a low structure to protect wetland grasses from further erosion, construction of one foot high retaining wall, approximately 60 linear ft. on north-west side of catwalk, and approximately 30 linear ft. retaining wall 1.5 high north east of catwalk. Located: 1255 Waterview Drive, Southold,NY SCTM#78-7-17 POSTPONED AS PER APPLICANT'S REQUEST 2. Suffolk Environmental Consulting,Inc. on behalf of WILLIAM H. PRICE, JR. ESQ.request a Wetland Permit to construct a 1725 s.f. single family dwelling (footprint)with a 550 s.f. attached deck( footprint) an 865 s.f. gravel driveway, septic system and waterline, and place 125 cy of fill to elevate the septic system. Located: 100 Bay Road, Greenport. SCTM#43-5-10 POSTPONED AS PER AGENT'S REQUEST 4 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor or against the application? TRUSTEE POLIWODA: If I may comment I would like to abstain from this hearing because I was notified that this is a neighboring property. CARL VAIL: I looked at the site plans for house and there is only a seventeen- foot set back from the wetlands and I would like to encourage the Trustees to follow their current policies of fifty feet. It says twelve-foot buffer what kind of a buffer is that? Anyway those are my remarks and I would like to encourage you guys to follow that policy. TRUSTEE KRUPSKI: Any other comments? Actually this is not something they are going to vote on tonight. We inspected it last week. We found that the distance between the house and the wetlands was not accurate. If the applicant plans to use this lot as a building lot they are going to have to dramatically change the configuration of the house and the septic and location of the septic. It is unfortunate that Mr.Gerns or someone representing him was not here tonight. GARY GERMS: I am here TRUSTEE KRUPSKI: Would you like to come here and I will show you what are concerns were. You can see in the rain this survey here last week we measured this corner the house corner was staked now this is seventeen feet we actually measured thirty six feet and then we did not believe it so we went back we measured it again to make sure. The Board policy is a fifty-foot buffer. IN 9order to build here you would have to move the house close to the road. You have to get this accurate we think this is thirty-six feet there ok? In order to build here you would have to move the house closer to the road so we could provide a fifty-foot buffer here from the wetlands. So basically, you would not have a back yard in this lot. The septic system you would have to move all the way as far as you can away from the wetlands to maximize the distance. GARY GERMS: I notice in the house next door I was not sure if was wetlands or not. TRUSTEE KRUPSKI: Yes I believe they had a fifty-foot buffer. Yes,we just issued that we try to be consistent. GARY GERMS: The Town would not have that TRUSTEE KRUPSKI: You would probably need a variance for that. Sorry GARY GERMS: From you people? TRUSTEE KRUPSKI: No, from ZBA, see you have a hundred foot right here; You could put the septic system outside of our jurisdiction right over here by the road. That would be one hundred feet,which would not be in our jurisdiction at all. You have to redo these plans showing that and re-stake the corner of the house showing it fifty feet away from this wetland. GARY GERMS: You said you measured from the stake we measure thirty-six feet. TRUSTEE KRUPSKI: That's what we measured we did not believe it so we measured it again to make sure. GARY GERMS: So I have to bring the house out . . . TRUSTEE KRUPSKI: The septic all the way to the right. Let me check the CAC comments. The CAC comment is disapproval. The project requires a one 7 SCOTT HILARY: On the permit how much material is to be excavated I think that was missing. It was a comment from one of our Board members. TRUSTEE KRUPSKI: Scott is representing the CAC he is not representing our Board. We were going to open the meeting tonight but the neighbors have to be notified so we will hold this over to the April meeting. TRUSTEE POLIWODA: I would like to make a comment I walked up and down the line of the houses and right now you stand in line so I would not recommend pushing it out toward the creek at all. JAMES SLECKMAN: No I am not TRUSTEE_POLIWODA; It was a little unclear. TRUSTEE KRUPSKI: We also had a question about the septic system we would like to see that moved during the course of the construction. It is about fifty-five feet from the block wall now. I would like to see that moved. Is that possible? To the back of the house or the roadside of the house. JAMES SLECKMAN: I guess anything is possible. AL KRUPSKI: That's what we would recommend. We also are going to petition drywells and gutters for the house on the permit. Just so you know that I will make a.Motion to table the hearing. TRUSTEE POLIWODA: Second ALL AYES 6. MARTIN KOSMYNKA: request a Wetland Permit for add sunroom 14' X 29- 1/4' with above ground fiberglass pool. 7.8 ` X 13' forty eight inches deep above ground. Located: 1985 Pine Tree Road, Cutchogue,NY SCTM#98-1-11.2 TRUSTEE KRUPSKI: Is there anyone here that would like to speak in favor of or against the application? CAC recommends approval. Any Board comments? Do I have a motion to close the hearing? TRUSTEE KING: Motion to close. TRUSTEE DICKERSON: Motion to approve Martin Kosmynka request for wetlands permit to add a sunroom, above ground fiberglass pool and drywells TRUSTEE KING; Second TRUSTEE KRUPSKI: All in favor. ALL AYES 7. SALVATORE PALACINO: request a Wetland Permit to build a catwalk 65' X 4" lin, ft,with(12)4' diameter CCA pilings,two sets of steps to grade (one set at each end of catwalk)plus two 6" diameter piles for pulley system. Located: 790 Oak Street, Cutchogue,NY SCTM# 136-1-38 POSTPHONED UNTIL APRIL AS PER APPLICANT'S REQUEST r 8. GARY GERMS, Contract Vendee requests a Wetland Permit to construct single- family residence. Located: 1680 Brigantine Drive, Southold SCTM#79-04-25 6 !! It hundred foot setback from the wetlands. They are concerned with the grade and potential alteration of the grade causing runoff. Did anyone on the CAC mention that? SCOTT HILARY: Yes there was a discrepancy with distances as well for us. TRUSTEE KRUPSKI: We went back in the rain we measured it again because it was a big difference. We got thirty-six feet. You have to get this accurate SCOTT HILARY: More than the applicant is referencing TRUSTEE KRUPSKI: Yes so were are suggesting that the applicant move it to the road and he could get his fifty foot buffer for the house and another for the septic. SCOTT HILARY: And, further for the record Al we feel that the property to the south has already negatively impacted with the increase grade the fill that was brought in if you know what. That location looked like previously it basically looked like the elevation of the applicant's property. So we just had a concern with how much the grade is going to change and how much fill is going to be brought into that area. The increase runoff into the wetland. TRUSTEE KRUPSKI: We need basically a final grade on that. I believe we have fifty-foot buffer on that. SCOTT HILARY: Yes there's at least there,but I am not sure the applicant has that much there to work with in his property. We would request at least fifty foot. TRUSTEE KRUPSKI: Drywells and gutters on the house. To handle the roof run-off. I will make a motion to table this application. JIM KING: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES 9. JAMES E. & KAREN A. HOEG: request Wetland permit to construct a 4 foot by seventy four foot catwalk supported by four inch by four inch dimensional lumber, access steps, a three foot wide stairway to grade, and one six inch diameter piling. Located 350 Willis Creek Drive,Mattituck NY SCTM# 115-17-17.10 TRUSTEE KRUPSKI: Does anyone like to speak in favor or against the applicant? CAC recommended approval. I am going to pass these plans out. We were on the site last week and are inclined to approve a structure that would provide you an access to the water but somewhat smaller than you have applied for. JAMES HOEG: It only sticks out five feet from the edge of the marker. I have some pictures it that will help to see it. TRUSTEE KRUPSKI: Sure JAMES HOEG: You know what this is not,this is the one I had to table you should have the one that is much smaller than that. I went through the DEC process and met with them. If you eliminated this.. this here is just steps to grade TRUSTEE KRUPSKI: That's what we approved for the Shakers I don't know if you know them a few doors down. We just approved them basically the same.struxture. 8 LF C JAMES HOEG: The reason I put it here was the property line so that if they it is staggered and over here is Joe Zito it is longer than his but sticks out the same distance . I did submit this you probably have it somewhere. TRUSTEE KRUPSKI: CAC approved it. Did you see these new plans Scott? SCOTT HILARY: I did not. I did not do the inspection myself. TRUSTEE KRUPSKI: Pass this down to Scott we did have the matter of this to discuss also. JAMES HOEG: It has already been rectified I took it out of the ground. What happened. Was the masons were suppose to have my patio pitched so it was all pool in there so what they did was they put little drains at the head of it. What they were suppose to do was hook it up to a dry well but what they did was they snaked it out into there. I knew that they had done it but I figured well so be it but when I saw that I made them take it out. TRUSTEE KRUPSKI: Scott do you have any comments? SCOTT HILARY: No I don't the Board just approved it TRUSTEE KRUPSKI: This is what we were going to-recommend because this is very similar to what we approved for your neighbor last month. You show a hand railing here made out of what? JAMES HOEG: Wood. TRUSTEE POLIWOFA: What kind of height for the cat? JAMES HOEG: At least three and a half feet above grade. The reason for the handrail is I have children. TRUSTEE KRUPSKI: Well we are trying to get into addressing it before it is permitted because we have had problems lately with people putting it on afterwards. Any problems Ken? TRUSTEE POLIWODA: He should keep in touch with the DEC and contemplate why he needs steps to go up and then down TRUSTEE KRUPSIQ Yes we would rather see it go straight out right off the grade. JAMES HOEG: Actually that is what I tried to do and I don't know what they belief is all the time with what they make you do. TRUSTEE KRUPSKI: Well they try to get shading underneath If you want to do that we could recommend it coming straight off the bank it basing on the planking. TRUSTEE POLIWODA: It does not make sense for that. To have to put stairs up and then work down. I hope they recommend it off the grade one inch spacing between the boards/ TRUSTEE KRUPSKI: If you inclined to go back to the DEC for an amendment you could recommend this. We could recommend it going straight off the bank with spacing on the planking. Is there any other comment? Do I have a Motion to close the hearing?. TRUSTEE DICKERSON: So moved TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE KING: I will make a motion to approve the applicant of James Hoeg. Do you want to try going straight off the grade? 9 � r JAMES HOEG: The reason I put it here was the property line so that if they _it is staggered and over here is Joe Zito it is longer than his but sticks out the same distance . I did submit this you probably have it somewhere. TRUSTEE KRUPSKI: CAC approved it. Did you see these new plans Scott? SCOTT HILARY: I did not. I did not do the inspection myself. TRUSTEE KRUPSIQ Pass this down to Scott we did have the matter of this to discuss also. JAMES HOEG: It has already been rectified I took it out of the ground. What happened. Was the masons were suppose to have my patio pitched so it was all pool in there so what they did was they put little drains at the head of it. What they were suppose to do was hook it up to a dry well but what they did was they snaked it out into there. I knew that they had done it but I figured well so be it but when I saw that I made them take it out. TRUSTEE KRUPSKI: Scott do you have any comments? SCOTT HILARY:No I don't the Board just approved it TRUSTEE KRUPSKI: This is what we were going to recommend because this is very similar to what we approved for your neighbor last month. You show a hand railing here made out of what? JAMES HOEG: Wood. TRUSTEE POLIWOFA: What kind of height for the cat? JAMES HOEG: At least three and a half feet above grade. The reason for the handrail is I have children. TRUSTEE KRUPSKI: Well we are trying to get into addressing it before it is permitted because we have had problems lately with people putting it on afterwards. Any problems Ken? TRUSTEE POLIWODA: He should keep in touch with the DEC and contemplate why he needs steps to go up and then down TRUSTEE KRUPSKI: Yes we would rather see it go straight out right off the grade. JAMES HOEG: Actually that is what I tried to do and I don't know what they belief is all the time with what they make you do. TRUSTEE KRUPSKT: Well they try to get shading underneath If you want to do that we could recommend it coming straight off the bank it basing on the planking. TRUSTEE POLIWODA: It does not make sense for that. To have to put stairs up and then work down. I hope they recommend it off the grade one inch spacing between the boards/ TRUSTEE KRUPSKI: If you inclined to go back to the DEC for an amendment you could recommend this. We could recommend it going straight off the bank with spacing on the planking. Is there any other comment? Do I have a Motion to close the hearing?. TRUSTEE DICKERSON: So moved TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE KING: I will make a motion to approve the applicant of James Hoeg. Do you want to try going straight off the grade? 9 IJ C/ JAMES HOEG: Sure TRUSTEE KRUPSKI: Give us amended copy of the plans showing it going straight off the grade and it can reach three and a half feet at the end and we have to meet with the DEC and we will have to bring it up with them. The motion has been seconded all in favor. ALL AYES 10. PAUL & CONSTANCE CONNOR request a Wetland Permit to construct a shed 8' X 12' X 91/2(10') on gravel. Locate: 830 Deephole Drive,Mattituck NY SCTM# 115-12-12 TRUSTEE KRUPSKI: Anyone wish to speak in favor or against the application? . JAMES EGINGTON; I am representing my mother Mary Egington. She lives on the property adjacent to that. My mother has owned property for over forty- eight years she has had a house on it for thirty-six. When she started out she had one hundred and thirty two feet in deeded water she is forty-four foot under water now so yes she is closer to the limit. They want to put a shed up that is beyond my mother's property which I have pictures of the that will destroy the view. The Board did go there and look at this and you agreed on eight-eight or something like that was that a number I am asking for three more feet that is all. I will show you the pictures. This is my mother's house this their house it sits way back this is where it was if you go to eighty-eight you are going to here it gives no privacy what so ever I sit in my mothers kitchen and I can see everything that is going on here. If this shed was put back past the first window that is only three feet this is what you would see from my mother's' kitchen for someone that is eight-two years old and abides by everything. I have every application and CO for that house dock,bulkheads carports. In Suffolk Times they say they always want one hundred feet form high tides I know you can't abide by that all the time. TRUSTEE KRUPSKI: Thank you. Is there any other comment? I am looking for the CAC comment. SCOTT HILARY: . They recommend approval. CONSTANCE CONNOR: Just if you have any questions. TRUSTEE KRUPSKI: You are? CONSTANCE CONNOR: I am the applicant. TRUSTEE KRUPSKI: We looked at this last month. Do you have any objections to moving the shed three feet towards your home? CONSTANCE CONNOR: I think at that point—(cannot understand) TRUSTEE KRUPSKI: When we were out on field inspection in the middle or early February,we saw the patch of gravel. I cannot find in the file here the plans for the shed. Do you have plans? Can we see them? CHARLOTTE CUNNINGHAM: Did you ever send in any thing to the office? I think you went by the gravel where the gravel was put I think that is how you did it. CONSTANCE CONNOR: I never sent anything in. It was actually from the shed three feet at the right location. 10 JAMES EGINGTON: This is where it will be if that is helpful. You agreed on eighty-eight that brings it to the corner of the house I want three more feet if possible. TRUSTEE KRUPSKI: Where does the eighty-eight feet come on the gravel? On the landward side? JAMES EGINGTON: No eighty-eight feet is back here. If you that this picture and you go like this that's eighty-eight. This dwelling here is eighty-eight feet from the water as I said it was well over that it is forty-four feet underwater. So you could just bring it back eight-eight feet plus three which would give you a total of ninety-one would push it back past this front window and when we are sitting in the kitchen we cannot see in her kitchen, dining room, living room I have no clue what it is. We never, even come in the house and look out you would have privacy. TRUSTEE KRUPSKI: In an effort to keep the peace in the neighborhood is there any objection to moving this back three feet? TAPE CHANGE JAMES EGINGTON: It is seventy-three feet now, eighty-eight brings it right to there. TRUSTEE KRUPSKI: Could we just see this? JAMES EGINGTON: If you don't understand it I can explain it to you. The three feet is just bringing it back from the corner of the house. As I said I know it was well over a hundred feet from the water. CONSTANCE CONNOR: I really feel very bad I did not want to become an ugly neighbor. TRUSTEE POLIWODA: Just so you know before we come out next month, normally our policy is not to allow people to build out front of a neighbor's home, creek side TRUSTEE KING;: Waterfront property we are trying to keep everyone in line because there is always a problem if someone building out in front then this stuff starts CONSTANCE CONNOR: So how far off the water? TRUSTEE KRUPSKI: That would be a separate issue, how far off the water. CONSTANCE CONNOR: I thought I was going to consider it not putting it all the way down. TRUSTEE KRUPSKI: Then that would block your view. We are going to come out and take a look JAMES EGINGTON: Could you do me a favor when you do come out would you please knock on my mother's door and go in the kitchen and sit down and look. You are not getting the real picture without doing it. You can see right in the house. I do not want to sit there and look in the house. You understand you can see on the deck that that does not give you privacy. TRUSTEE KRUPSKI: But your neighbor does have an issue with the location of the septic tanks also to be considered. JAMES EGINGTON: How far away from there? 11 CONSTANCNE CONNOR: They are right there. JAMES EGINGTON: They are not on the property line I was there when it was built. I know they are not there. TRUSTEE KRUPSKI: Well we will come out and take a look. JAMES EGINGTON: Well in the paper it says one hundred feet was the law changed? TRUSTEE KRUPSKI: We will notify everyone. Our jurisdiction is only one hundred feet. If this were out of our jurisdiction you would not even have to be here. Which would be just fine. We are going to keep these pictures. We will be there on April 17th in the afternoon. TRUSTEE KING;_I will make a motion to Table TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 11. PROPER-T PERMIT SERVICES on the behalf of SALVATORE GUERRERA requests a Wetland permit to construct a dwelling with on-site sewage disposal system and public water. Construct fixed walkway 4' X 178', hinged ramp 4"X 16'. And floating dock 6' X 20"to be secured by two piles. Located: 1450 Ole Jules Lane, Mattituck SCTM# 122-4-44.6 TRUSTEE KRUPSKI: Any one here like to speak in favor of the application? JIM FITZGERALD: Yes, Jim Fitzgerald for Mr. Guerrera. We submitted a revised plan which means that this description does not count anymore and what heard about Mr. Wilson who decided to turn it into a fixed dock because that all that he can see approving this area and recently the Trustees and DEC have approved two dock within a 100' within a 150' of where we are proposing this dock. So that now the overall length of the walkway is 220' of which about one hundred and forty feet is in the wetlands over the wetlands and it is just a walkway ending in a fixed dock with a(cannot understand) Were you able to get out there and inspect it? TRUSTEE KRUPSKI: We had limited access. We did look at as much as we could. JIM FITZGERALD: Did you see the stakes? TRUSTEE KRUPSKI: Yes we did see the stakes. What we would like to see though is go back to the setbacks, I do not know if the CAC commented on this application. SCOTT HILARY: This was from our field inspection September 11, 2001. We recommend disapproval requiring at least a fifty-foot non-disturbance set back. TRUSTEE KRUPSKI: Before we get into that thought, is there any other comment on this application? We would like to listen to everyone first. JIM FITZGERALD: I did not hear that comment. What did you say? SCOTT HILARY: We recommend a disapproval and request at least a fifty-foot non-disturbance buffer. JIM FITZGERALD: Between what and what? 12 SCOTT HILARY: From the nearest proposed structure to the upper edge of the wetland. TRUSTEE KRUPSKI: That's consistent with Board's policy right now. SCOTT HILARY: Further Al for the record it is our Board's general policy to request at least fifty-foot non-disturbance buffer or one hundred foot when it can be achieved and that becomes more optimal the one hundred foot. TRUSTEE KRUPSKI: Of course. I do not know if that is possible in this. SCOTT HILARY: I do not recall. KEVIN MCALLISTER: Kevin Mc Allister Peconic Baykeeper, I had a question I am not familiar with the application but a flag rose to me with the setback'off of edge of wetland. Is it less than fifty feet? SCOTT HILARY: No at least fifty foot. TRUSTEE KRUPSKI: When we are talking about fifty feet we are trying for a fifty foot buffer and then there is a house and then there is any need disturbance to build a house. So the house itself would be greater than fifty feet it just that there would be a fifty feet non-disturb buffer left. KEVIN MCALISTER: Is that in tack with the proposed application? TRUSTEE KRUPSKI: Not currently. It says forty-five. What did we measure do you have any field notes? SCOTT HILARY: We recommend a hundred when it can be achieved because the research shows that is more optimal for the habitant requirements for most wetland land species and upland species one hundred foot becomes optimal. KEVIN MCALISTER: Just a general comment I can caution the Board. I had spoken about this going back in the Fall about encroachment on shorelines. This raises some concern, this application. TRUSTEE KRUPSKI: Well this has continued to have a subdivision here it is not an unspoiled area. When we measured what was staked in the field against the wetlands line we got thirty-eight feet not forty-five. We doubled checked it from a different angle. We would like to see a fifty-foot non-disturbance buffer for the house and then we would like to put you on, if you get those plans in, automatically for next month field inspection. SCOTT HILARY: Is that from the upper wetland delineation Al? TRUSTEE KRUPSKI: Your Board is going to have to go out next month and measure it. We got thirty-eight feet of what we consider to be tidal lands. SCOTT HILARY: Is it flagged apparently? TRUSTEE KING: Is this a twelve by twenty foot platform out on the end there? JIM FITZGERALD: No TRUSTEE KRUPSKI: It might be an old plan. Does Ken have the only plan? Here it is.Next month April 17th could you have that proposed mooring pile staked out there? JIM FITZGERALD: Sure TRUSTEE KRUPSKI: Is there any other comment on this application? SCOTT HILARY: CAC commends regarding a proper dock. I don't think we had a specific comment about the dock 13 But I think we would like to see it again if the applicant could stake the proposed walkway yhsyt would be helpful. TRUSTEE KRUPSKI: If there are no further comments I would take a motion to table. TRUSTEE POLIWODA: I make a motion to table the applivation. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor. ALL AYES 12. PROPER-T PERMIT SERVICES on the behalf of GRACE CANTONE & MARIA SANTIGATE request a Wetland Permit to remove approximately125 cu. yds. of excess sandy soil from site,place approximately 100cu. yards of top soil to about three inches average depth in area disturbed by construction in stall lawn sprinkler system. Located: 2305 Park Avenue,Mattituck NY SCTM#123-3-21 TRUSTEE KRUPSKI: Any one that would like to speak in favor of the application? JIM FITZGERALD: I think the drawings are self-explanatory. If you have any questions I would be happy to answer them. TRUSTEE KRUPSKI: Before we have questions are there any other comments? JIM FITZGERALD: As you know this was the subject of a violation that was issued three or four weeks ago. TRUSTEE KRUPSKI: CAC recommends approval with a condition that non- fertilization non-turf buffer is established. TRUSTEE KING: That was my concern. This is area that is going to be scratched out and loaded with top soil. TRUSTEE KRUPSKI: Is this disturbed now? TRUSTEE KING: Biggest part of it all up in here. There has been a lot of construction here,now this is the area of the sprinklers I understand and it really goes down a lot further than this disturbed area. We were on a field inspection a while back and their lawn is extended almost right down into the wetlands we were down there was all spartina. We told them to stop doing that, this is the same area right this is all trying to come through but they have been moved. I agree we need to establish some kind of non-disturbance area here leave it alone. TRUSTEE KRUPSKI: You understand that. JIM FITZGERALD: No, I do not neither. TRUSTEE KRUPSKI: You have to tell him. TRUSTEE KING: We want to establish it. It is obvious it has all been mowed. Leave it alone. They want to fill and manicure this with the sprinklers to their hearts content. It is a big yard it is forty feet. TRUSTEE KRUPSKI: No other comments. Do I have a motion to close the hearings? TRUSTEE DICKERSON: So moved TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 14 TRUSTEE KING: I will make a motion to Approve with the stipulation that there is a non disturbance area forty feet from landward of the wetland line. TRUSTEE KRUPSKI: Draw it in on the plans it is a condition of the permit to have it drawn in. Do I have a second on that? TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 13. PROPER T PERMITS on behalf of STEVEN KRAM request a Wetland permit to construct 4' X 57+/-` overall fixed open walkways freestanding dock with steps to grade at landward end. Located: 100 West Lane Southold,NY SCTM#88-6-12 TRUSTEE KRUPSKI: Does anyone here like to speak in favor of the application? JIM FITZERALD: Yes Jim Fitzgerald as you know we started on this last month and the Board tabled it and wanted to gather more information. Which I would like to hear In addition I have provided to Charlotte several days ago, a paper entitled notes concerning Steven Kram application which has a lot of what I consider to be important points on it All of the Trustees have read that and it would be up to you whether I should read it or not to the assembly. TRUSTEE KRUPSKI: Could you read it into the record please? JIM FITZGERALD: Sure, Just by way of comparison the DEC regulations state that a single open pile catwalk onto a dock with a what they refer to as an SM area that being defined as coastal shoals,bars, and flats is a generally compatible as it is a generally compatible use and may be permitted by the DEC which is generally little or no interest to the Trustees,however, it is a significant point I think Chapter 97 of the Town Code does not make any distinction between the creeks of the Town and the open bay with regard to the construction of water related structures in open bays as we have mentioned. The structure that would be permitted in a creek should be permitted on the open bay all other things being equal. The idea of restricting structures from a given area because other structures do not already exist in the area is not in my opinion is not a valid concept,just as permitting them because of this already exist is not valid. Trustees have repeatedly stated that every case is different and each must be treated individually on its own merit. The project in my opinion is acceptable under all of the premise of 97-28 of the code. Those are the items that must not be interfered with in order for a permit to be issued. A condition of no future expansion could be imposed in the permit a condition of mandatory regrouping after a period of disused could be imposed in the permit. Although there are relatively few other docks on the open bay there are many groins and jetties on the open bay throughout the Town. The proposed dock would be not more visually intrusive than these groins and jetties. The open bay is not visually perceived further in season there are many boats moored along the bay front throughout Town and we are not concerned about their visual concept. We are after all a waterfront community and one expects to see jetties,boats and docks. Within recent years significant open bay development with water related structures have been permitted on Robins Island and in New Suffolk. The Trustees concern is the 15 ' 4 docks structural adequacies in a given located could limited to acting in an advisory capacity since no applicable design criteria exists. It seems obvious in a given structure who have much less potential for adverse re-affecting environments factors if it were on Southold's open bay than if it were on one of the Towns creeks and yet the Trustees are considering denying the application for this structure nearly because it is on the open bay. That is the end of my oral remarks. TRUSTEE KRUPSKI: The file was inadvertently left in the office today and we are going to take a brief two-minute recess. Do not leave though. We will take more comments while we are waiting for the file. JIM FITZGERALD: I have one more point if I may. The other thing I should have mentioned is the material that I gave to Charlotte earlier in the week indicates that we would like to move the dock to the western side of the property so it is 80 or 90 feet further away from the bathing area than it was in the original proposal. TRUSTEE KRUPSKI: Thank you. NEIGHBOR: I am a Trustee with the Angel Shores Property Association just a comment on that we have beaches on both sides of that so if you look to the other side our beaches are there too. Also let me remind the Trustees. If you are not aware that when our covenant was established. The Town told us that we could not build any docks out into the bay from any of those beaches so we are looking for consistency. At the last meeting the State I know was recommending against this. We also got the perception from the Board that they are leaning against it also and that was reinforced by the article in the "Suffolk Times". You are well aware of our opposition you have gotten some letters from us and you have also gotten some petitions from us with fifty signatures. So not once a few moments ago you were concerned with someone's view not once have I heard the safety issue addressed in terms of forty some odd children swimming there in the summer time with an attention that is gong to bring boats and jet skis into that area. We are confident and we are optimistic that the Board wil stay on the track that they were on at the last meeting. Thank you gentlemen. TRUSTEE KRUPSKI: Any other comments? KEVIN MCALLISTER: Hello again Kevin McAllister—Peconic Baykeeper. . I would like to speak in some general terms and again when I camebefore the Board in the fall I indicated to the Board that I recognized the difficult task that you have in evaluation projects based on your criteria. I think we really have to start tolooking with the cumulative impact to short hardening structures docks and bulkheads like most folks in the room we saw a couple of weeks ago there is some discussion about maybe taking some time out and taking a hard look at the proliferation of docks and other shore hardening structures. There is no question this is regional within this estuary. The number of applications has been wrapping up within recent years number of permits that are being issued and again I submit that we are chipping away at the edges with single-family residences as well as auxiliary structures such as docks. Property owners on the waterfront have a right to access that water but so does criterian access from the citizens with public trust doctrine. That is our right to walk the shorelines and not be obstructed from 16 that access. I would recommend to the Board and ask you to take this into consideration. I will put it in writing in days following, a temporary one-year moratorium on new dock and bulkhead permits while legislative actions are being considered and codified. A classification of all shore lines and bottom land for the purpose of establishing management zones to reduce the impacts of shoreline hardening structures. Establish more astringent dock permitting criteria and last and I think most significant I think in immediate action in short term and that is legislative action that affirms a probation of all shore hardening structures including geo-textile sand tubes on shorelines that have not previously armored. We need to get that out front and hopefully the Board will take into consideration my comments and again I will further articulate them in writing in coming days. Thank you. TRUSTEE KRUPSKI: Thank you. Any other comments? JOHN COSTELLO: I hope this Board understands one thing that a dock is not a shore hardening structure. We do have docks and the water does flow thru them and they do create other habitats. The pilings are columns create with other habitant so I mean the statement that they are shore hardening structures are not to be lumped into any dock structures. .John Costello with Costello Marina. There are studies that need to be done in the Peconic Bay Estuaries. Studies that these studies have to been done to determine the effects these studies are not complete and I hope many years to come that the studies are done to show actually the effects not only of the pilings the docks the shading but also the structures themselves. TRUSTEE KRUPSKI: Anyone else who has not spoken? MR. WOODS: My name is Woods. The first property to the east of the Kram property. If Mr. Kram were building a groin I would be all in favor of it, It protects the beach and it does not attract boats. Docks attract boats. There are a lot of people who are swimming here a moored boat none of them stay there very long and they are really not a hazard. The hazard I can see with a dock is that it attracts boats and you will have boats tied up to it. TRUSTEE KRUPSKI: Thank you. Anyone else who has not spoken? NEIGHBOR: I believe we are also concerned with the erosion it would cause to the beach. The way the water washes then that eventually it would turn around and wash that part of the beach away. I do not know if I am exactly right but that is what I have been told. TRUSTEE KRUPSKI: Thank you any other comments?Do the Board members have any comments? What is the CAC comment on this? SCOTT HILARY: Field inspection February 12, 2002,we recommended disapproval. We felt that in this area that the proposed structure would have a negative impact on the entire area including limiting the access to public resource, including boating and shell fishing and interfering with navigation. Further, for the record currently this shoreline is pristine and a proposed structure would have an impact on the esthetics and the natural character of this shoreline on Hog Neck Bay environment. I know esthetics is seldom referenced but if I am not mistaken it is in the code. 17 TRUSTEE KRUPSKI: Thank you I need Board comment before I read this. I have a SEQRA resolution here I am advised there is SEQRA and a few other projects. I would like to read this SEQRA resolution. I will take any Board comments first. TRUSTEE POLIWODA: Well after hearing all comments it looks as though there is great concern about building on the bay,through the Bay Keepers studies, through the PEP as well as the CAC from the Town. I guess I side with them on this issue. TRUSTEE KRUPSKI: Resolved by the Board of Trustees of the Town of Southold that the application of Steven Kram more fully described it the Public Hearing Section number Thirteen of the Trustee agenda dated Wednesday, March 20, 2002 pursuant to the SEQRA rules and regulations declares an unlisted action and be it further resolved the applicant is required to submit a long environmental assessment form. Be it further resolved that upon receipt of the long environmental assessment form the Clerk of the Trustees is hereby directed to commence a coordinator review pursuant to SEQRA. SEQRA is the State Environmental Quality Review Act, it is a State Act and is going to require the applicant to complete a long environmental assessment form and it is going to require that our board coordinate this activity with any other relevant jurisdictions in the State,DEC and Army Corp of Engineers. I think that would be it in this case. I don't think the Department of State would be involved. JIM FITZGERALD: Al, doesn't that require a determination of positive or negative declaration? TRUSTEE KRUPSKI:Not yet. I think that would come afterwards. I think we have to get all the information together first we have to review the long environmental assessment form. NEIGHBOR: Did you say you are not going to vote again on this tonight? TRUSTEE KRUPSKI: We can't vote on this tonight we have to coordinate with the State NEIGHBOR: I thought the State recommended against it. TRUSTEE KRUPSKI: Well not in writing. NEIGHBOR: In other words you are going to table this again? SCOTT HILARY: I think he is getting us confused with the State. NEIGHBOR: I am,I am sorry TRUSTEE KRUPSKI: No this is the Town's Conservation Advisory Council we have to coordinate with the State to see what interest they have on this. They would have to approve anything here also. So it has to be coordinated . The applicant has to fill out a long environmental assessment form for the Town. NEIGHBOR: Can you tell me when this will be on the agenda again? TRUSTEE KRUPSKI: There is a time limit I think thirty days after we have made this assessment. So it cannot be put on before thirty days. If you wish to be notified call the office tomorrow and when this comes on the agenda again you will be notified that it will be on the agenda. NEIGHBOR: I can't understand your reluctance, you gave every indication that you wanted to disapprove this and yet it is more or less the same affect as--I can't understand your reluctance to this. 18 TRUSTEE KRUPSKI: Because if there is a law in place we have to follow that. TRUSTEE KING: There are certain procedures we have to follow we have no choice. TRUSTEE KRUPSKI: You know we just cannot go out and say we don't like it because that would lead to saying we don't like the applicant or we don't like the agent or anybody else we have to follow what is set up for us to follow. We have to follow what is written in the code and in this case the state law. NEIGHBOR: Well the Town was so strong on Angel Shore Development not being able to put in docks out and make sure it is put into covenant law and it's a possibility now that a piece of property in between this pristine beach is going to be able to put a dock out and Angel Shores would be denied it because the Town imposed this. TRUSTEE KRUPSIQ Maybe you are getting the wrong impression this is not advancing the cause of the applicant. This is making him comply with the law. This is not saying he has an advantage here I am sure the applicant see it quite differently. JIM FITZGERALD: The deed for the Kram property does not have any covenants or restrictions with regard to construction of the dock on his front lawn. NEIGHBOR That is understood but being neighbors we would have denied it if we ever wanted it right? The Town makes sure we can never do that and it's a thought now that you might put one smack in the middle of the beach TRUSTEE KRUPSKI: Well it was not our thought it was the applicant's thought. NEIGHBOR: Okay I just hope the Town does turn it down when it does come back again. TRUSTEE KRUPSKI: Just one brief comment. Yes madam. If you have to come up to the mike. MRS. WORTH;: I don't know whether(cannot understand)I am Mrs.Worth. We are the only people present here tonight that have waterfront property next to the Kram's. All my other neighbors are out of town. So if the Choice's could put up their dock and the Krams could put up theirs and the Wertz could put one up the Deengie's could put one up and so could the Stanks. We would have a dock every fifty feet. I could have two; I have two lots. I think that this matter-- doesn't affect the environment is ridiculous. I swim there ever day in the summer I could swim right in to the docks. Further more it would be an eyesore if every one of us put a dock out into the water on the bay. I think if you could give us the name of the person in New York State that we could write to and express this opinion. TRUSTEE KRUPSKI: Thank you that's a good point. Just one comment to address what the applicant had said earlier about us permitting docks in the creek. Lately,by lately I mean the last two or three years the docks in the creeks have consisted of catwalks from the upland over the marsh to reach the water and usually a set of stairs at the waters edge. So if we were going to be consistent with that policy the dock would go from the beach through the inter tidal area and end right at the water at low water mark(change tape) 19 JIM FITZGERALD: It's a not in my backyard kind of thing in my humble opinion. TRUSTEE KRUPSKI: We are going to do the complete environmental review and we are going to consider safety in navigation as is addressed in the code and were are not going to omit anything that was mentioned tonight sir. SCOTT HILARY: Al could you as well reference aesthetics if that is in the code? TRUSTEE KRUPSKI: If it is in the code we will reference aesthetics. TRUSTEE POLIWODA: I think the magic word here would be cumulative impact; it is not so much one dock but the cumulative impact JIM FITZGERALD: You keep saying that kind of thing does that mean we will never build another dock? MRS. WORTH: Yes on the Bay it is a private community JIM FITZGERALD: Why is that? Suppose I had the information to bring in here all the other people who don't live in Angel Shores that have property on the Bay. TRUSTEE KRUPSKI: This is not being productive you will have to continue this outside. NEIGHBOR: I would like to say one more thing you building a dock fifty seven feet is that correct from the high-water mark. I am quoting from what it says here on the paper. Well low tide the other day fifty-seven feet this dock is totally out of the water. What is the purpose of the dock? JIM FITZGERALD: Is that a serious question? NEIGHBOR; Yes it is a serious question. Is it to moor a boat? JIM FITZGERALD: The purpose of the dock is to provide access to the water for a water vehicle that cannot be or should not be pulled up on the beach. NEIGHBOR: Well fifty-seven foot dock is not high enough. TRUSTEE KRUPSKI: Thank you we are going to continue. So you are clear on that the environmental assessment form has to be completed. JIM FITZGERALD: One thing I am not clear about the thirty day what is that cooling off period or what ever is that to give the applicant time to prepare it because we do not need that much time. TRUSTEE KRUPSKI: No that is to give other agencies time to comment. The State and the Army Corp and any other regulatory time to comment. After that they can't really comment. KEVIN MCALLISTER: Excuse me Al, one question on that. You indicated the SEQRA process would be proceeding shortly. Is there a confirmative date on that? TRUSTEE KRUPSKI: We are going to work on that,we should have an answer tomorrow. We want to move it along, once SEQRA starts it has a timetable. Do I have a motion? TRUSTEE KING; I will make a motion to start the SEQRA process. TRUSTEE DICKERSON: Seconded TRUSTEE KRUPSKI: All in favor ALL AYES 20 j I s 14. SUSAN E. LONG PERMITS on the behalf of SEAN FAHEY request Wetland Permit to install 3' X 16' ramp, 6' X 20' float with two 2-pile dolphins, to secure float on existing 4' X 70' seasonal dock. Located: 1415 North Parrish Drive, Southold,NY SCTM#71-1-14 TRUSTEE KRUPSKI: Any one like to speak in favor of or against the application? This is going to be similar to the last application in that we are going to conduct a SEQRA review on this dock as it is into the Bay. We inspected the dock in the field last week, last Wednesday as a Board, and I will read the SEQRA resolution. Resolved by the Board of Trustees of the Town of Southold for the application of Sean Patrick Fahey more fully described in the Public Hearing section number fourteen of the Trustees agenda dated Wednesday March 20th 2002. Pursuant to the SEQRA rules and regulations as declared as an unlisted action be it further resolved that the applicant is required to submit a long environmental assessment form. Be it further resolved that upon receipt of the long environmental assessment form the Clerk of the Trustees is hereby directed to commence a coordinator review pursuant to SEQRA. This is consistent with the last application. Is there a motion? TRUSTEE DICKERSON: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: Was there any comments on that application? Then we will move on. 15. SUSAN E. LONG PERMITS on behalf of HERBERT A. STREICHER request a Wetlands Permit to re-sheath landward side of bulkhead, install 4' X 5' platform, 3' X 12' ramp, 6' X 12' float, lower 20' bulkhead by approximately 2' to create a 6' X 20' catwalk and 3' X 6' access steps on landward side of bulkhead, construct 8' X 12' utility shed and timber deck over existing slate patio. Located: 600 Snug Harbor Road, Greenport,NY SCTM#35-5-35 TRUSTEE KRUPSKI: Is there anyone would like to speak in favor of or against the application? CAC recommends approval of a portion of it and disapproval of the catwalk on the landward side of the bulkhead.and recommends a non-turf buffer the length of the bulkhead. Board comment on this? Apparently they approve everything but the catwalk on the landward side of the bulkhead. Could you clarify that Scott? SCOTT HILARY: I think there was a proposed catwalk or walkway a harden structure to be parallel to the bulkhead so we recommended disapproval of that part because that is adding a harden structure which would increase the runoff we recommend a non-turf buffer be placed within the whole distance of the bulkhead. TRUSTEE KRUPSKI: I don't think we saw it that way, I think we saw it as you can see there is a consistent non turf buffer going south. That we have imposed . over the years and they are finally linking up. It is gravel you can see it there. The neighbor has a sunken in thing and a non-turf buffer is certainly something we would like to see continued to be consistently with all the neighbors coming from the south there. But the catwalk we would recommend it would be pervious to that. It would not aggravate the situation. It would be like a non-turf buffer. If there is no comment I will make a Motion to close the hearing. 21 � 3 . TRUSTEE KING: So moved TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE POLIWODA: I will make a Motion to Approve the Wetland Permit on behalf of Herbert A. Streicher to re-sheath landward side of bulkhead and install 4'X 5"platform, 3'X 12' ramp, 6'X 20"float lower 20' bulkhead by approximately 2' to create 6' X 20' catwalk with sheathing with an inch spacing to allow drainage and a 3' X 6' access steps on landward side of bulkhead and construct a 8' X 12' utility shed and timber deck over existing slate patio located 600 Snug Harbor Road, Greenport NY and with the stipulation that those pilings to the north be inward. TRUSTEE KRUPSKI: What about the buffer? TRUSTEE POLIWODA: As well as a ten-foot non-turf buffer the entire length of the buffer. TRUSTEE KING: Second TRUSTEE KRUPSKI: All I favor. ALL AYES 16. LOVE LANE ACQUISITION CORPORATION,request a Wetland Permit to remove existing peninsula and rebuild bulkheads and travel lift slip. Located: First&Main Street,New Suffolk,NY SCTM# 117-8-18 TRUSTEE KRUPSKI: Anyone here like to comment on this application? JOSEPH FENTON: My name is Joseph Fenton I live in New Suffolk and I have lived within a mile or so of this site all of my life. I will be seventy-seven next week. I represented the community about twenty years ago when there was an attempt to rezone this particular site for condominiums. That was eventually abandoned and the subsequent owner,under the name Marine Bay Associates made an application to do some work there and it was very similar to what the Raynor's are asking for now. We got into a dialogue with them at the time. We pointed out that since we have prevented condominiums to come in the back door by having boats that would be used by their owners at the site to live on. They agreed and Henry Raynor sent me a letter in some language that they had agreed upon with the committee that we had formed. That as a condition of the approval of the site plan with Marina Bay Club of the Town of Southold. They agreed that at no time would there be erected on the premises a structure that would be used for residential purposes and none of the boats moored or docked at the premises. Shall be used for residential purposes i.e. sleeping aboard overnight except that transient users of boat slips may stay on their boats overnight provided there use is occasional and not regular and that the covenant is created for the benefit of the Town of Southold and all present and future residents of the hamlet of New Suffolk as long as they remain residents. I would like to give you a copy. I think it is pertinent because that is the feeling of if you did not condominiums and if the community voted 168 to 10 to fight that condominium. That we don't want it to happen in another way. We wanted to talk about the underwater grant or grants with respect to the site. Because that is where a lot of this is going to done. There were two grants as I underhand it there was a grant from the State of New York and a grant from the Town of Southold and at a work session a week or so ago 22 j1 Henry Raynor said that they were going to stay within the grant lines. That may be a little disingenuous because the grant required certain work to be done within a two year period and so there is a question what happen to portion of the grant that was not appropriated to the intent which was for commercial purposes. Because the State wanted to be able to bring in boats to be able to bring in passengers to bring in coal, lumber take out passengers take out potatoes, oysters, fish what have you. And that was the concept of the commercial use and the grant states very clearly it is for commercial purposes and for commercial purposes only. The subsequent happenings of boatyard use,which is what the people of New Suffolk people, want to continue and we have had no quarrel with that but the extent of that brings into question what did the owners of the property get? Did they get the entire State grant or did they get the portion that was appropriated to use? And there is a big difference because if you looked at what was done Steamboat Wharf and whatever else was done there. They did not use the entire grant and in not using the entire grant can they use it now? And that is a question that the people are going to have to tussle with and if you don't. The Planning Board will have to tussle with it,but we are just raising question. That these grants were not utilized completely so that they probably reverted to the State. That's an issue that we are putting out. The next question and it dealing particularly with this request. This request for a permit the rocks that were originally Steamboat Wharf or supported Steamboat Wharf are still there and that area has been used in an uninterrupted way for the last seventy odd years that I know about and probably for the entire one hundred and fifty years by people who lived in New Suffolk and went fishing there. I suspect that Henry Raynor did it when he was a child as well I did. My father used to keep a boat in the Goldsmith and Tuthill shipyard and when he worked on the boat he would park me on the rocks and I would fish for blow fish. I hooked myself on fishing. That uninterrupted use has created an easement a public easement,which permits everybody to go on those rocks and go fishing. This plan with the building that is going to be built and the possible attempt by the owners to close Main Street at the site raises a question that they will be interfering with the easement that was created for the benefit of the public and that's something that you people have to study. I don't think anybody in New Suffolk wants to crucify the Raynors for wanting to do this boat job thing and to do what they can do to help them make a go of it. At the same time the public has some rights here. The State has some rights and the Town of Southold has some rights and they have to be looked at and looked at very carefully. Thank you oh one other thing. This site is under water a lot from time to time as you probably know. I would like to submit a picture taken showing the site when it was under water. TRUSTEE KRUPSKI: Thank you Comments? HENRY RAYNOR: Good evening. Do you have any comments to Mr. Fenton My question we came down tonight because I know the Board inspected the property and I would like to field any questions first from the Board members if there are any in regard to this inspection. If you don't have any specific questions. 23 TRUSTEE KRUPSKI: We have a lot of specific questions but we would like to hear what you have first. HENRY RAYNOR: Obviously we are in favor of constructing a marina and not anywhere in the intensity of the prior applications and in no way is it similar to Marina Bay Club in its intensity both with regard to the restaurant and the docking facility itself. I received a letter the other day from the Suffolk Civic Association curtsey of a Mr. Samuels and I thank you for sending me a copy at least I have some feeling as to what the majority of the people have in question and if that is where the Board would like me to go tonight I would be happy to go there first. The italicized how would this project affect conditions in navigable waters in the vicinity and plus the question was raised about littoral drift. Obviously the littoral drift the we are getting in New Suffolk is being taken care of in line by the Town of Southold as it dredges the existing launching ramp at the foot of Jackson and First. The letter further goes on and states about the erosion at the end of Orchard Street and over at the end of Old Harbor Road. If we ever had a structure in New Suffolk on the beach it has the inference that it would not have littoral drift problems and erosion in those areas. Perhaps a solution to that problem is that dredge materials coming out of First and Jackson Street be reapplied over on the other side of Orchard Street. As it runs between there and Schoolhouse Creek and north of Schoolhouse Creek in front of the Yacht Club. The construction of Schoolhouse Creek itself probably in over the years has had some detrimental affects with regard to the north side. I would like the Board to be aware historically, and I brought some pictures for perusal. This was an original map along with copies of New Suffolk and unfortunately it is not dated. The land owners in question Tom Muskin great grandfather of Ginnie Wickham? So that's how far back this map goes. I would like the Board to see that A—on the southeast corner of New Suffolk as it approaches from Peconic Bay to Cutchogue Harbor you will notice the natural curvature of the beach there. Subsequent to that I guess the Raydell Oyster Company had put in jetties along there and along with that the rocks to retain the beginning of their space. I would also like the Board to note that as old as this is it shows on it very clearly the Tuthill dock and the fact that within the grant line it was used for commercial purposes. This is a picture taken approximately 1912 which is standing out on the peninsula within the grant line. It depicts the coal bins that Mr. Fenton had referred to; lumber was carried in and out of there. It has been an ongoing commerce port as well as a boatyard for well over a hundred years. My grandfather had steam tugboats in there my father hauled his charter boats in there I ran that yard for several years and now my son is fourth generation there. It is not that we are exactly coming in from out of the blue. This is a view of the boat yard taken from north to south this was taken from approximately the foot of Orchard and First Street that too was taken somewhere between 1910 and 1920. If the Board has the opportunity to review that you will see that there are many bulkhead,there are many revetments and that's what held the beach there. Also if you would view that you would see the many buildings on the property,post office, several of storage,machine shops,the dock that's going out it is interesting to note that this was a shot from 1937 This is the intersection of Orchard Street please note that is a concrete barrier that was created there for scallop shacks. When this was put in by Harry Tuthill. If you notice 24 how far out the beach goes at the foot of Old Harbor Road when I was a kid that building was still there today it is like that. This is a photo that is used in many calendars of the 1940's of the property. TRUSTEE KRUPSKI: I am sorry wait a second where is that wall today? That road is there. HENRY RAYNOR:-That road is there it is a driveway now that goes to a private residence. That was for calendar that Braun Oyster put out for a number of years. Shot in the 40's showing yard in operation. Again showing the major part of the underwater grant as being utilized for commercial purposes i.e. boatyard. These two were pictures taken approximately in the early 50's. This is the south one showing utilization it was taken from out on the peninsula again within the grant line. If the Board would like to retain them and look at them tonight they are more than welcomed. TRUSTEE KRUPSKI: I have a couple questions on these pictures.Now we were out there Wednesday and we drove out and I can see the post office here the travel lift is right here? HENRY RAYNOR; Correct TRUSTEE KRUPSKI: So this is almost gone? HENRY RAYNOR; That is correct. TRUSTEE KRUPSKI: Any comments on this? HENRY RAYNOR: I just want the Board to be aware of that the history is contiguous from at least the time I am aware of. There was a question raised with regard to the Association's letter with regard to the possibility of contamination on the property. I recognize,we all do it has been a boatyard for one hundred and fifty years but the question of contamination is a kind of like the proverbial question when did quit beating your wife. If we find contamination on the property we will do what ever is necessary to remedied anything with regard to the operation and we would fully expect the laws of the Board to be diligent in its pursuit. There was a question raised in regard to building closer than the seventy five foot requirement and that being the yard office building is proposed on site. That is put there specifically because of its efficiency to the operation number one and number two it is pulled further back than any existing structure that is on the site and number three it is even as located behind the bulkhead section of waterfront. One of the chief issues that really has not been discussed tonight but it is in Mr. Samuel's letter and it is one that we take great concern about. It is really demonstrated by some of the photographs that you see and that is the potential disruption and concern about extending any structure further into the Bay. Part of our application is for the removal of the peninsula that in itself as you can see you have been on site the last week has deteriorated to a considerable degree. The removal of that would do two things number one if there is any large amount of littoral flow it would open it up so that it would not be an obstruction.Number two it would create additional bay bottom and that in of itself is kind of a rarity it is a unique parcel that is able to do something of this nature. We take very seriously these questions concerning littoral drift and all the past month we have been discussing with a Canadian firm the utilization of revetment dockage as opposed to any structural bulkhead being done out into Peconic Bay. The system that we have has been used in some of the national parks and national 25 seashore system in one such has just recently installed in Brooklyn at Gateway Marina in the vicinity of about seven hundred slips. I have some materials on that and I think the Board should be well aware of it. The system itself has nothing with the exception of existing steel pilings some of which might be epoxy coated that protrude into the bay bottom. They have a harden bottom I can give you an analogy to is an iceberg the walkway and its floats are literally a foot and a half up but we have four to five feet in the water submerged. Those revetments act towards stopping wave action yet utilized the back part of the marine facility and allows stability. I have some extra copies of these. This is what we would propose to utilize in New Suffolk. TRUSTEE KRUPSKI: On what portion? HENBY RAYNOR; We would do the entire perimeter of the property because it is the least obtrusive of any kind of eco system. I do not know if you have seen this system before I do not know if you have seen how it works we went to Brooklyn last week to watch and open marina which comes from Sandy Hook across up into the bays and this is being installed right now on Federal property. TRUSTEE KRUPSKI: This is similar to a system tried out here by Budd's Pond it was a series it was not as sturdy. It was a series of plywood dock. HENRY RAYNOR: :I could not answer it is very new to me. This is Mike's thing. We looked at it as a way to mitigate a lot of the problems of constructions and bulkheads we put down two percent compared to what we would have to do to build a standard type construction. TRUSTEE POLIWDOA:: It is called a wave current. TRUSTEE KRUPSKI: Remember that it was a series of plywood baffles and went down to the water column and it was suppose to accomplish NEIGHBOR: Would you describe to the audience what you are viewing? TRUSTEE KRUPSKI: What it is, is a floating dock that has depth to it that would break the wave energy on the open bay and yet not extend into the bottom all the way to the bottom so it would not act completely like a groin TRUSTEE POLIWODA; What is the depth distance between the piling? HENRY RAYNOR; Twenty feet TRUSTEE KRUPSIQ how would you match this up with on the south side presumably you would have along side of your travel lift you would dredge to a certain depth that you would want? MIKE RAYNOR; Correct TRUSTEE KRUPSKI: Inside the basin you would dredge to.a certain depth but to match it up on the north side how would you accomplish all that or would you leave that current. HENRY RAYNOR; We would not want to disturb the habitat that is there. TRUSTEE KRUPSKI: So you would leave that breakwater? HENRY RAYNOR; Right and we would just floaters on the interior we would use floaters on the interior of the break walls. MIKE RAYNOR; Then the rock that goes from the peninsula would be then transport over to that side to that side to so that we could keep more habitat on the property. TRUSTEE KRUPSKI: You want to swing that rock out to the east HENRY RAYNOR; No we would not change what is there. 26 � J TRUSTEE KRUPSKI: This is a just real specific question. MIKE RAYNOR: Just the rock that comes out here. We move that rock and this rock and place it along here. TRUSTEE POLIWODA; Do you have any idea what the depth is? MIKE RAYNOR; Between four and six feet TRUSTEE POLIWODA: . What depth are you looking for out? MIKE RAYNOR; Both along side the travel lift we want seven feet------------- HENRY RAYNOR; You need six to make them work MIKE RAYNOR; Along side the travel lift I don't know if I can use the wave revetment all the way to there because of Robins Island where they put that bulkhead in I might be able to get away with going straight forward depending on the (cannot understand) because right there and take a little off it. I still need six feet there for the travel lift. TRUSTEE KRUPSEM Is that where you show new pier? On the south side of the travel lift. HEBRY RAYNOR: Yes TRUSTEE POLIWODA: The zoning of the property is M1 or M2? HENRY RAYNOR M 2 TRUSTEE KRUPSKI: We are going to get just for general information a opinion from the Town Attorney on the grant and the deed and all that. HENRY RAYNOR: That is fine that is why we have provided the Board with a copy of it. We have had our own private opinion done and we don't have a problem with anybody doing that. TRUSTEE KRUPSKI: Is there any other comment while the hearing is open? JOAN ROBINS: I live in New Suffolk and have for forty-seven years. I want to commend the Raynors for their considerable efforts to find a way to mitigate some of the problems that we have been anticipating but Mr. Raynor did say the entire perimeter and that brings me back to Mr. Fenton's question. The grants, which the 1838 grants do you,have a copy? It is very clear that if any part of the designated underwater space is not used for the commercial purposes at least at that time that part would revert to the State. TRUSTEE KRUPSKI: Mr. Raynor you would not happen to have the States opinion by any chance. HENRY RAYNOR: I do not have it with me tonight. Counsel has gotten an opinion from the State. The grant line he tells me is specifically spelled out. Once there was an act of legislature and was given to the property owners as a right and they utilized that right it is in effect. Again that runs contrary to what you have heard tonight but that is what we get from counsel. I don't want to deal in semantics and interpretation who did what in 1830. TRUSTEE KRUPSKI: No Tape change TRUSTEE KRUPSKI: Any other questions? I have been advised to do SEQRA review on this like we have with the other docks. 27 KEVIN MCALLISTER:-: May I make a brief comment on this? Again it strikes me as the significance of this project and I certainly would encourage the Board as you just indicated that a full SEQRA review. TRUSTEE KRUPSKI: This is going to need Planning Board review in Town HENRY RAYNOR: This will need Planning Board, DEC,Army Corp. needs all nine yards. . TRUSTEEE KRUPSKI: SEQRA would coordinate that review and hopefully if we do any other site inspections we could try to coordinate that with the DEC. HENRY RAYNOR: We have had one meeting already and have another scheduled. TRUSTEE KRUPSKI: If you like let us know sometimes it is easier to have us all on the same HENRY RAYNOR; So far these have been up in the DEC office. We are doing exactly with them what we are doing with you we are looking for input and we are trying to do this the right way,we are trying to be careful,we are trying to be diligent. He is going to be there a lot longer than I am going to be around. JOSEPH FENTON: Excuse me,Patrick Callahan and : I went up to Albany in 1983 when this thing first broke and we visited with the New York State engineers. Who got out the original drawings with respect to the grant and we raised the issue of that opinion and he said that that should be referred to the NY State Attorney Generals office. Whether they then did that or not because the project fizzled at that point and that did no become an issue. I would urge that even though the Marine Bay Club application is at variance with this application the Trustees take advantage of the filing and incorporate the data in their by reference because there is a lot of material in there that would be helpful to you. TRUSTEE KRUPSKI: Thank you. That file would be on record in the Planning Board office. HENRY RAYNOR; I believe Mr. Patrick's question on closing Main Street. We have no conception of closing Main Street JOSEPH FENTON: How about the use of the slips for overnight sleep in? Is that something we can HENRY RAYNOR; : That has not even been an issue that we discussed. We are looking for seasonal dockage. We will take your boat and dock it. JOSEPH FENTON; No the community does not want to have motel use. So the sort of commitment that was made by Marine Bay is something you would be willing to do as well? HENRY RAYNOR : No we are not Marina Bay Club and we will do what ever the law tells us I mean there are all kinds of regulations on the books concerning living on boats. TRUSTEE KRUPSKI: We have a houseboat law per code HENRY RAYNOR; Yes it is not there it is not available. I do not even know why it is a question honestly. NEIGHBOR; I just had one question, it was mentioned that this chandlery building was at the foot of Main Street. My concern was that is was not seventy five feet back from high-water and you said in fact that it is further back than 28 r existing buildings and in fact it is behind bulk heading but it is not behind existing bulk heading it would be behind bulk heading you would construct? HENRY RAYNOR: Right now it is behind existing travel lift which is bulk headed and the other references to the restaurant that preexists on the property as well as (cannot understand)-which is way forward NEIGHBOR;: So this building in reference to the flagpole would be where? Is it seventy-five feet back from the high water mark? HENRY RAYNOR;No TRUSTEE KRUPSKI: We will be out on the site and we will have more requests of you to stake things out what not . We were out there Wednesday and you had those buoys there to mark the corners,which gave us a good reference point Resolved by the Board of Trustees of the Town of Southold that the application of Love Lane Acquisition Corp. more fully describe in the Public Hearing section number 16 of the Trustees agenda dated Wednesday,March 20, 2002. Pursuant to the SEQRA rules and regulations is declared an unlisted action and be it further resolved that the applicant is required to submit a long environmental assessment form and be it further resolved that upon receipt of the long environmental assessment form the Clerk of the Trustees is hereby directed to commence a coordinator review pursuant to SEQRA. TRUSTEE POLIWODA: So moved TRUSTEE KRUPSKI: All in favor. ALL AYES HENRY RAYNOR: Do you incorporate into your standard resolutions that you are going to be become the lead agency? TRUSTEE KRUPSKI: We have not determined that. The issues that the Planning Board are going to look at really are going to be different to our issues. They are going to look at traffic and parking We are going to look at sand flow and boat use and navigation. So they are going to be pretty much different issues so we are going to try to figure out how can have. We do not want to miss anything and on the other hand we do we don not want to cover the same ground again. HENRY RAYNOR; Thank you very much SCOTT HILARY: CAC concurs with everything that was said. We request an environmental assessment. 17. ENVIRONMENTAL,INC. on behalf of ALAN GOODMAN request a Wetland Permit to replace existing concrete patio with wooden deck. Located: 1555 Bayview Avenue, Southold SCTM# 52-5-11.10 TRUSTEE KRUPSKI: Would anyone like to speak in favor of or against the application? CAC recommended approval on this. TRUSTEE POLIWODA; This is a replacing concrete with wood and buffer or anything? Motion to close the hearing. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES 29 TRUSTEE POLIWODA:I make a motion to approve the wetlands permit on the behalf of Alan Goodman to replace the existing concrete patio with wooden deck located 1555 Bayview Avenue Southold TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI; All in favor. ALL AYES 18. BOUDNIK&ASSOCIATES,INC. on behalf of MARION T.JONES request a Wetlands permit to remodel cottage by adding a bedroom and bath upstairs no work outside of existing footprint,no excavation. Located: 360 Ruch Lane, Southold SCTM#52-2-21.1 TRUSTEE POLIWODA: Would anyone like to comment? ERICBOUDNIK: I am the architect if you have any questions I would be glad to answer. TRUSTEE POLIWODA: Can I see the file, I have a question on the survey you are showing sixty foot what is that? ERIC BOUDNIK: (Inaudible) TRUSTEE POLIWODA: No clearing of this aqua vegetation ERIC BOUDIK: absolutely not any of the crops will be touched only the dormers on the second floor Inaudible) TRUSTEE POLIWODA: Any other comments?Board? CAC? SCOTT HILARY: CAC recommends approval with condition that hay bales be placed during construction. TRUSTEE POLIWODA: All right I make a motion to close the hearing TRUSTEE DICKERSON: Second TRUSTEE POLIWODA: All in favor. ALL AYES TRUSTEE POLIWODA: I make a Motion to Approve the Wetland Permit on behalf of MARION T. JONES to remodel cottage by adding a bedroom and upstairs no work outside of the existing footprint, no excavation located 360 Ruch Land Southold. If there is no excavation do you still want hay bales? SCOTT HILARY: I did not see this one it was just a recommendation. TRUSTEE DICKERSON: Second TRUSTEE POLIWODA: All in favor. ALL AYES 19. COSTELLO MARINE CONTRACTING CORP. on behalf of MARION WILLIAMS request Wetland Permit for construction of 100 ft. new bulkhead (w/C-Loc Vinyl Sheathing) immediately in front of existing bulkhead. Located: 1605 Shore Drive, Greenport,NY SCTM#47-2-31 TRUSTEE KRUSPKI: Any one like to speak on behalf of the applicant? JOHN COSTELLO: My name if John Costello I am the agent for Mrs. Williams on this application and I am going to state that the two contiguous properties to this were granted permits recently by this Board under the same conditions and the third neighbor who is Monique Morris to the east was also granted and we put the job off so hopefully that we could do them all at one time and cause as minimum damage to the properties that have one access through to the jobs. We will remove excavate then remove the existing pilings from the front 30 so that we are only intruding out into the bay ten inches and we will use vinyl sheathing in lieu of the combination of creosol and CCA treatment that they have there now. You can also see that there is eight batter piling where the bulkhead is failing and they will be removed and not replaced, They are not going back in so the intrusion by those pilings will be removed. The other thing is we will be backfilling with clean sand to a major degree and hopefully of all those bulkhead originally had their roof runoff because of the clay going through the bulkhead. Which will be eliminated so that they have a clean sand on the back relieving some of the pressure on the bulkhead and relieving some of the contaminants from that drain in the waterways and there will be drywells installed not only on this property but on all the properties there to relieve some of the roof run-off going through the lawn and then over. Any questions the Board has I will try to answer them. TRUSTEE KRUPSKI: Do you have to put weep holes in that because of the hydraulic pressure? JOHN COSTELLO: Not is you put sand I don't believe you are going to need it, none of the sheathing is water tight there will be a degree of water seep through all the sheathing even thought it is interlocking. It will still work through. Particularly if you can percolate it down low enough you will hit sand instead of clay. TRUSTEE DICKERSON: CAC had a concern about the negative cumulative effects of building within eighteen inches into the public domain. SCOTT HILARY: We recommend approval but just want it for the record as Mr. Costello just stated that we do have concerns about the negative cumulative impact of many structures not just this structure going seaward into public domain and you said you are trying to achieve only ten inches minimum. JOHN COSTELLO: We are trying to minimize it and the other thing is and everyone should be aware that any of the bulkheads and this Board is may understand me a couple of agents applications but any of the materials that has cresol in it does have some contamination in the soil behind it. It is polycriptic aromatic hydrocarbons that leech out from the cresol material. It is in the soil and you should not try let that materials go out into the Bay. If you can possibly help it. I know that you have given me permits saying I can go within a few inches of the bulkhead and on occasion the DEC has made me take the bulkheads out and there is no way to retain that material I mean tide rises, unfortunately, it does rain. I think that is just where there is cresol materials. TRUSTEE POLIWODA: I personally looked at this and think you have answered my questions. This property itself has a bow in and you mentioned something about excavating? JOHN COSTELLO: We are going to have to excavate to relieve that because the backing system the tie rods go back into just locust posts that was built probably about 1958-60, and the locust posts have a degree of dry rot into the top of them because of fresh water contamination and that's is the real-problem with that. 31 TRUSTEE POLIWODA: I did not realize that you were doing both the jobs on the east side because right now it is pretty much a perfect line,except for this bows out JOHN COSTELLO: They are all failing because of dry rot getting into the cresol just to try age alone.. TRUSTEE POLIWODA: So looking up and down the line you will be approximately with in a foot? JOHN COSTELLO: No we are going to pull that back. That bow will be pulled back along the entire structure for all four properties. It will look like we knew what were doing. TRUSTEE KRUPSKI: Recommend a ten-foot non-turf buffer JOHN COSTELLO: I think you recommended it on all of them. TRUSTEE KRUPSKI: Just to be consistent. Any questions? TRUSTEE DICKERSON: I make a motion to close the hearing. TRUSTEE POLIWODA: I seconded TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE DICKERSON: I will make a Motion to Approve the request for Wetland Permit for construction of 100-foot bulkhead immediately in front of existing bulkhead located 1605 Shore Drive, Greenport with the stipulation that there be a ten foot non disturbed buffer. TRUSTEE POLIWODA: Seconded that TRUSTEE POLIWODA: All in favor. ALL AYES 20. CHARLES M. THOMAS,Architect on behalf of TIM HOLLOWELLrequest a Wetland Permit for one story addition, approximately 68 sq. feet . Located: Smith Drive South Southold,NY SCTM# 76-3-11.1 TRUSTEE KING: Any comments on this application? CHARLES THOMAS: Architect for the applicant I have the affidavits in mailing and posting. I staked it on the eight TRUSTEE KRUPSKI: CAC did not look at it. SCOTT HILARY: Yes we did but it was not staked and we tabled it. TRUSTEE POLIWODA: We will be requesting a fifty-foot no disturbance buffer on the wetland. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE KING: I make a motion to close the hearing. TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE POLIWODA: I make a motion to approve the Wetland Permit on behalf of TIM HOLLOWELL for one story addition approximately 68 sq. ft. located Smith Drive South, Southold,NY TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 32 + r 21, CHARLES M. THOMAS Architect on behalf of CARL & SUSAN AUSTIN request a Wetland Permit to construct a one story addition. Approximately 90 square feet interior renovation—renovation to fagade to improve appearance. Located: 3300 Peconic By Blvd. Laurel,NY SCTM#128-6-7 TRUSTEE KING: Anyone care to comment of this application? CHARLES THOMAS: Architect for the applicant. I have the affidavit of mailings and posting. TRUSTEE KING: I looked at this application boy it is close to the neighbors isn't it. CHARLES THOMAS: Yes it is. TRUSTEE KING: Are there any other comments? CHARLES THOMAS: I just in fairness I don't know if the Board has received a letter I received today correspondence from a next door neighbor. In the letter they claimed that they called me and asked for a set of plans. I keep pretty detailed phone records. It is addressed to the Town of Southold Board of Trustee This is the only copy I have there is no phone number on it. I looked up their address and was able to get their phone number. I called and left a message on their machine so if I could get a copy of that it would be great. TRUSTEE KRUPSKI: I have the receipt the date of receipt of the same day March 7th listed in paragraph three this left the impression that public comment was only permitted on March 7th same day as receipt the next day March 8th they called Town Hall and inquired why the notice was so short Town Hall advised them the Public Hearing regarding this was scheduled for March 20th and that the public comment period began on March 7th and closed on March 20th since the survey of property attached to reference A only shows the ground level footprint of the proposed addition to the adjacent property and not what the proposed addition would look like if built . Tows Hall recommended that I request the of the architect that he provide me with a drawing of what the propose addition would look like, so that any comment that I or any of the other owners would wish to make would be based on that. I immediately placed a telephone call to Mr. Thomas and left a message on his answering machine requesting to be provided a drawing and provided my name address and telephone number and FAX number as of this date March 17th I have not received anything from Mr. Thomas. Additionally on March 8th I was notified by the other two owners of our property one of the other owners left on a business trip out of the country on March 16th will not return until March 24th' In consideration of the above I hereby request that this matter not be dealt with on March 20tha and that it be delayed for a period of at least one month so that we the owners of the adjacent property have adequate time to review that matter assuming that Mr. Thomas provides the requested drawing. In file comments the Board of Trustees if deem necessary please confirm to me in writing the new dates for public comment and dates the Trustees will act upon this matter Sincerely Susan G. Sauder Gathersburg. This is generally all that we require. We are not really required we are not really concerned with the looks of this. CHARLES THOMAS:-We are going to have issues now with the Zoning Board of Appeals and they will be able to voice their concerns. I would have given them 33 additional information. That letter was postmarked two days ago; that was the first correspondence I have received from them. TRUSTEE KRUPSKI: It is terribly close why is it on that side? MR. THOMAS: Because of the kitchen addition TRUSTEE KRUPSKI: Any other comments? Motion to close the hearing. TRUSTEE DICKERSON: So moved TRUSTEE POLIWODA: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES CHARLES THOMAS: Unable to hear TRUSTEE KRUPSKI: What is the CAC comment on this? SCOTT HILARY: CAC had no comments tabled it because it was not staked. TRUSTEE POLIWODA: Make a Motion to Approve the Wetland Permit on behalf of Carl& Susan Austin to construct a one-story addition. Approximately 90 square feet interior renovation—renovation to fagade to improve appearance located 3300 Peconic Bay Blvd. Laurel TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 22. SAMUEL & STEELMAN ARCHITECTS on behalf of JOHN & SUSAN BEDELL request a Wetland Permit for two-story addition,new second floor deck with terrace below and interior and exterior renovations to an existing two-story house. Site work to include new gravel driveway and parking area. Located: 375 Wampum Way, Southold SCTM#87-2-37-38 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? NANCY STEELMAN: My name is Nancy Steelman I am here to answer any questions. TRUSTEE KRUPSKI: CAC have any comments? SCOTT HILARY: I felt that it was okay. Straight forward TRUSTEE KRUPSKI: We felt the same we were looking at drywell and gutters for the whole structure. We could not see it impacting any more than it already is. Any other comments?Do I have a motion to close the hearing? TRUSTEE KING; So moved TRUSTEE DICKERSON: Seconded TRUSTEE KRIUSPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: Do we have any field notes. I make a motion to Approve. TRUSTEE POLIWODA: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES 23, SAMUELS & STEELMAN Architects on behalf of DAVID & KATHLEEN KILBRIDE request a Wetland Permit to build exterior stairs from top of bluff to beach. 34 7 T Located: 9045 Nassau Point Road, Cutchogue,NY SCTM# 118-04-14.1 TRUSTEE KRUPSKI: Any one like to comment on the application? CAC recommended approval. If there is no other comment I will make a motion to close the hearing. TRUSTEE KING: So moved TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: I will make a motion to approve the application TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 24. SAMUELS AND STEELMAN Architects on behalf of TOM AND NANCY GLEASON request a Wetland Permit to construct exterior stairs from top of bluff to beach, lawn and limited clearing and grading back 16 feet from top of bank. Located: 5115 New Suffolk Road,New Suffolk,NY SCTM# 110-08-34 TRUSTEE POLIWODA: Anyone like to comment on this? TOM SAMUELS: Hello,my name is Tom Samuels I am the agent for the owner and just wanting to mention that I think I submitted a letter to the Board stating that in fact this also includes a house but the house is more than 100 feet back from the bluff therefore out of your jurisdiction. Therefore we wrote the application specific to the disturbed areas knowing that however you need to know that and want to know that and it seemed to us that it was the appropriate way to handle the application. It is a seventeen-acre parcel twelve acres are being held or rather there is an easement owned by the Peconic Land Trust. Five acres remain for development and approximately one acre is to be used specifically for this house and pool it is a fairly large house. Clearing was done there mostly to facilitate the bulkhead which was just completed. we are going to have to get a permit for-the ramp which has been backfilled. So there is consequently quite a bit of disturbance from the top of the new bulkhead to the underside of the existing bank. so we applied to leave a buffer area back to some other disturbed part and than the house beyond that. TRUSTEE KRUPSKI: There is a cut that was made to access the bulkhead and revetment construction that's going to be replanted Is that on the bulkhead permit because that does not show here all that shows is the sixteen foot top of bank and all that TOM SAMUELS: You mean a certain area that a certain area,we did not really since it was a totally separate matter we did not involve ourselves but yes it would be it is backfilled now I believe and will be all planted out together with the whole bank will be planted out. TRUSTEE KRUPSKI: We assume the Gleason's want to protect their property but we just want TOM SAMUELS : No that will all be vegetated. The entire bluff is intended to be vegetated with whatever species you prefer but I think we know what they are pretty much beach grasses rose rugosa and that kind of stuff. If you like we can certainly 35 TRUSTEE KRUPSKI: That's just what I want something that is in writing. TRUSTEE DICKERSON: Where there trees removed in that section? TOM SAMUELS: There were trees removed TRUSTEE KRUPSKI: Please give us a replanting plan of that unless that is included in the file. SCOTT HILARY: We had a concern with the impact to the bluff and question that there was a violation. TRUSTEE KRUSPKI: We will close the public hearing TRUSTEE POLIWODA: I make a motion that we close the public hearing TRUSTEE DICKERSON: I second TRUSTEE POLIWODA: All in favor.ALL AYES TRUSTEE KRUPSKI: Ken would you make a Motion incoprating those concerns. TRUSTEE POLIWODA: I will make a motion to approve the Wetland Permit on behalf of Tom and Nancy Gleason to construct exterior stairs from top of bluff to beach, lawn and limited clearing and grading back 16 feet from top of the bank with the stipulation that they provide some time of planting plan where the cut has been made on the bank and the whole top of the bank to be constant with their plan. TRUSTEE DICKERSON: Second TRUSTEE POLIWODA: All in favor. ALL AYES 25. LAND USE ECOLOGICAL SERVICES,INC. on behalf of DR. JOSEPH CASARONA request a Wetland Permit to stabilize/restore eroded bluff face by undertaking the following activities approximately 700+/- cubic yards of clean fill to be utilized to re-grade existing slope. All material to be trucked in from an approved off site location approximately 2,700 sq. ft. of bluff face to be augmented with 20 cubic yards of 2"thick layer of topsoil and then hydroseeded in accordance with plan specifications. Proposed to install a 4' X 85' timber access walk(total)with 4' X 6' timber platforms for access to beach area. Located: Glenn Court, Southold,NY SCTM#83-01-01&36.1 CHARLES BOWMAN: Land Use Ecological Services Good evening I think this and the next application probably have to be discussed together so maybe I can give you just a little quick background. I think the Board is aware of this when the house at North Bay properties was being constructed . There were some drainage problems there and what happened was storm water from the project site and from the run off was put into a square or one drywell and the water just stood there and you see where it just ran down into the clay there which is very common and just blew out the front of the bluff on the North Bay properties piece and also on the Dr. Casarona's piece which adjoins the property to the east. There was some potential litigation between the parties and we were called at that point to come up in conjunction with Joe Fischetti an engineer who was called to make sure the drainage on top of the bluff was taken care of and that the dry well was now penetrating the clay layer so that the water would go straight down. We were asked to prepare a restoration plan for the bluff. The Casarona property had the bulkhead permit which was approved by this Board. So that really what we 36 would be doing is just regrading bringing fill in and regrading the bluff face and re-vegatating it . The next property which I don't know if you want to discuss now. But as you know DEC and also my self I rather a minimal rock tote protection structure for our bluff restoration rather than a vertical face of a bulkhead and that is what that incorporates with also the restoration of the bluff so I think these two are kind of a package that would go together. I have also been contacted by the adjoining owner to the west of the North Bay properties lot Mr. Begain just to pose a question,he was here earlier and I told him I certainly would speak for him. The erosion carries on to his property by about five or ten feet (TAPE CHANGE) TRUSTEE KRUPSKI: Going to be a problem if that's obviously the property line don't run with the erosion CHARLES BOWMAN:-What I told them we would do was we would have---- to go out there and stake on the top stake on the toe so we can find out exactly how much is on his property and than we would submit an application TRUSTEE KRUPSKI: I spoke with you last week and you were gong to send us a new drawing for Dr. Casarona. CHARLES BOWMAN: Which we did it shows the bulkhead. TRUSTEE KRUPSKI: Remember we went out there and said this was not right. There is fifty two feet here. CHARLES BOWMAN: We had a big discussion in our office because of the s survey we had done. Did not show bulkhead. If you look at. There was another bulkhead here. It was very confusing when you got down to the bottom. Until I realized that I thought was this. Is actual this. TRUSTEE KING: There is actually a big rock. CHARLES BOWMAN: That is what we are referencing. TRUSTEE KRUPSKI: We want to see the re-vetment here, I believe start here. CHARLES BOWMAN: this should be the adjourning property now. What you are saying is you want us to locate that rock and start there. TRUSTEE KRUPSKI: We think the toe is further back than there. I think we had that discussion last week on the phone. CHARLES BOWMAN: I do not have a problem with that. Not at all. TRUSTEE KRUPSKI: If the erosion goes over. We do not have a problem with extending that. But really legally we have been through this a lot in the Sound. They have to get their own permit on their own name. CHARLES BOWMAN: I told them Al TRUSTEE KRUPSKI: It is a formality. CHARLES BOWMAN: Can you approve that application with condition that they remove it back to where that rocks it? TRUSTEE KRUPSKI: No problem with that. We can approve it based on Do I have a Motion to close the hearing. TRUSTEE KING: So moved. TRUSTEE POLIWODA: seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: I make a Motion to Approve the application for Dr. Joseph Casarona. 37 TRUSTEE KING Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 26. Land Use Ecological Services,Inc. on behalf of NORTH BAY PROPERTIES,INC.request a Wetland Permit to stabilize/restore eroded bluff face by undertaking the following activities—approximately 4,250 c. yds. of clean material to be utilized to re-grade slope 4, 150 c. yds .to be trucked in and supplemented with 100+/-c. yds of material recovered from beach area— approximately 375+/-tons of 500-2000 lb. stone to be placed on filter fabric along toe of eroded bluff the armor returns to extend into existing bluff face— approximately 4,200+/-cubic yards of clean fill to be utilized to re-grade existing slope. All material to be trucked in from an approved off site location. Approx. 300 tons of 500-2000 lb. . stone to be placed on filter fabric along toe of eroded bluff. Toe armor returns to extend into existing bluff face. Approx. 9,750 sq. ft of bluff face to be augmented with 75 cubic yards of 2"thick layer of topsoil and then hydro seeded in accordance with plan specifications Located: 8865 Oregon Road, Cutchogue,NY SCTM#83-1-33 TRUSTEE KRUPSKI: I had one question on that. The vegetation of the bluff face/ What is the plant material proposed? CHARLES BOWMAN: It should be native grasses. (cannot understand)which have been successfully in filling out the bluff face. We also discussed the possibility of mulch to be used which is a natural wood type of mulch and the cheap imitation stuff. SCOTT HILARY: These are all low maintenance plantings,no fertilizers. CHARLES BOWMAN: These are all native grasses. You get them going you need a little organic potting. TRUSTEE KRUPSKI: You need some top soil there. You cannot plant them in the sand. That Crown Veg is pretty persistent. CHARLES BOWMAN: It is great. We put it on the North Shore a whole bunch of it. It is nitrogen thick. TRUSTEE KRUPSKI: It provides nitrogen for the other plants CHARLES BOWMAN: It looks nice. TRUSTEE KRUPSKI: It is pleasant. CHARLES BOWMAN: It flowers. TRUSTEE KING: Any other comments on this application? TRUSTEE KRUPSKI: Sorry just want to say when you usually think beach grass. The minute I Saw that. What are we making here. TRUSTEE KING: I will make a Motion to close the hearing. TRUSTEE DICKERSON: seconded. TRUSTEE KING; All in favor. ALL AYES 38 TRUSTEE KING: I will make a Motion to Approve the application as written Starting the stone adjacent just west of the large stone—which is adjacent to the Bulkhead and follow that toe.. TRUSTEE KRUPSKI: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES 27. Catherine Mesiano, Inc. on behalf of SOUTHOLD PARK DISTRICT requests a Wetland Permit to reconstruct 235' of existing functional concrete bulkhead,maintenance dredge slips and adjacent area to 4"MLW for access reconstruct open fixed dock on the south and east sides. Located: Young's Avenue Park, Southold,NY SCTM#64-1-10.1 POSTPONED UNTIL APRIL AS PER THE AGENT'S REQUEST 28. Catherine Mesiano,Inc. on behalf of MATINE, INC. request a Wetland Permit to construction a 62'x52' (irreg.) single family dwelling on site sewage disposal system pervious driveway and public water supply. Located: 435 Albacore Drive, Southold,NY SCTM# 57-1-20 TRUSTEE KRUPSKI: Would anyone here like to comment on the application? CAC recommends disapproval as submitted and recommends a 100' non- disturbance buffer. CAC did better than we did. CHARLOTTE CUNNINGHAM: I called her and said that it was not staked. She said it was staked. TRUSTEE KRUPSKI: Did you find any stakes. SCOTT HILARY: Yes I did they were in there. It was tough. There was bunch of cat briar. TRUSTEE KRUPSKI: Because I walked past the briars and I got around in the back and there were a few wetland flags. If you follow the wetland swale. We did not see any house stakes. SCOTT HILARY: It was tough to reference the wetlands and the stakes because it was so thick. TRUSTEE KRUPSKI: It was very thick by the road. SCOTT HILARY: They are trying to push that house up towards the corner. Because the property net to it is staked and cleared. TRUSTEE KRUPSKI: What was your reason for disapproval ? SCOTT HILARY: We request the 100 foot non disturbance. I am trying to pull the application to see what they reference. TRUSTEE KRUPSKI: So they only allow the septic system. They can not have the house. SCOTT HILARY: Sounds good. 39 TRUSTEE KRUPSKI: Well,we are going to look at this next month. We will have to have a path cut there. Because we could not see. I pushed through it once you get through I could not see anything. We walked all around there. SCOTT HILARY: When the 100 foot is achievable. We prefer that. TRUSTEE KRUPSKI: We certainly thought we could better than 30 foot there. We will make a Motion to Table the application. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 29. Catherine Mesiano,Inc. on behalf of JOHN& BARBARA SEVERINI request a Wetland Permit for an addition 8'x30' extension to and enclose existing deck. Located: 565 Gull Pond Lane, Greenport,NY SCTM#35-4-28.27 POSTPONED UNTIL APRIL AS PER THE AGENT'S REQUEST 30. Docko Inc., on behalf of FISHERS ISLAND YACHT CLUB to construct a 7'x72' wood pile and timber pier with two 5'x30' finger piers, construct 225 (+/- )LF of floating pier, all with associated tie-off and restraint piling reposition an existing 6' wide x 90 (+/-) if float with new hinged ramp, include all associated restraint and mooring line piles, all water ward of the apparent high water line. Located: Central Avenue, southwest corner of West Harbor, Fisher's Island,NY SCTM#19-1-9 TRUSTEE KRUPSKI: Lastly,Docko Inc. on behalf of the Fishers Island Yacht Club do you have any thought on that? Or do you want to Table it? TRUSTEE KING: Maybe we can look at something else over there too. TRUSTEE KRUPSKI: I will make a Motion to Table. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES TRUSTEE KRUPSKI: I WILL MAKE A MOTION TO GO BACK TO THE REGULAR MEETING. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES V. RESOLUTIONS: 1. Fairweather Brown Design on behalf of MARY BUTZ & DIANE RAVITCH request a Coastal Erosion Permit to add a brick in sand patio to pre-existing bulkheaded area with self contained hot tub unit to be placed on it. Located: 2022 Hyatt Road, Southold,NY SCTM#50-01-21 40 2. BOBETTE SUTER request an Amendment to permit #5304 to replace the previously approved concrete patio with a deck. Located: 855 Fisherman's Beach Road, Cutchogue SCTM#1 11-1-20 TRUSTEE KRUPSKI: Approved Amendment to permit to replace the previously approved concrete pation with a deck. TRUSTEE DICKERSON: Seconded. ALL AYES 3. Costello Marine Contracting on behalf of ROBERT ALUCS requests an Amendment to Permit 4279 to allow the floating dock to be moved 6' towards the south instead of the previously approved northerly movement. Located: 1457 Cedar Point Drive, East, Southold,NY SCTM#92-1- 2.1 TRUSTEE KRUPSKIS: Approved Amendment to Permit#4279 to allow the floating dock to be moved 6' towards the south instead of the previously approved northerly movement. TRUSTEE DICKERSON: Seconded ALL AYES 4. En-Consultants, Inc. on behalf of LISA EDSON requests an Amendment to Permit#5427 to allow th drywells to be configured linearly rather than in a cluster. Located: Main Bayview Road, Southold,NY SCTM#$87-5-25 TRUSTEE KRUPSKI: Disapproved neighbors to be notified of the hearing TRUSTEE DICKERSON: Seconded. ALL AYES 5. Samuels & Steelman Architects on behalf of JOE & JUDY ZALMER request an Amendment to Permit#5249 to relocate the existing storage shed back to 63' from the wetlands line. Located: 700 Broadwaters Rd., Cutchogue. NY SCTM#104-10.2.1 TRUSTEE KRUPSKI:Approved the Amendment to Permit#5249 to relocate the existing storage shed back to 63' from the wetlands line. TRUSTEE POLIWODA: Seconded. ALL AYES 6. Motion to Approve the resolution regarding the establishment of two SPAWNER SANTUARIES one in Hallocks Bay and one in Richmond Creek—as per plan drawn by Cornell Cooperative Extension with the stipulation that the spawner sanctuaries created will be closed to shell fishing for a duration of ten years as per plans from Cornell that will exceed no longer than ten years TRUSTEE POLIWODA: Motion to Approve TRUSTEE DICKERSON: Seconded. ALL AYES 41 VI. MOORINGS; 1. KRISTIN HORNE request a mooring permit#537 in Mattituck Creek with a 26' boat ACCESS: Private—if insufficient water depths, will replace#6 at the end of Knollwood Lane ACCESS; Public TRUSTEE KING moved to disapprove mooring permit #537 because of insufficient water Approve Mooring#6 at the end of Knollwood Lane TRUSTEE POLIWODA seconded. ALL AYES 2. MICHAEL DOLAN request a mooring Permit#99 in Town Creek with a 23 foot sailboat ACCESS: Public TRUSTEE POLIWODA: Moved to Approve the application. TRUSTEE DICKERSON: Seconded. ALL AYES Meeting Adjourned 11:30 P.M. Respectfully submitted by, J �Y- Charlotte J. C in am, Clerk Board of Trustee H y o � to 0 o' Ca 0 t J o 42