HomeMy WebLinkAboutTR-11/13/2019 Michael J. Domino,President QF SUUrTown Hall Annex
John M. Bredemeyer I11,Vice-President ,`O� ��� 54375 Route 25
P.O. Box 1179
Glenn Goldsmith Southold, New York 11971
A. Nicholas Krupski G Q Telephone (631) 765-1892
Greg Williams �� Fax(631) 765-6641
BOARD OF TOWN TRUSTEES RECEIVED4
TOWN OF SOUTHOLD P&L
DEC 1 3 2019 ���
Minutes n• ��Q{X�'�
Wednesday, November 13, 2019 So hold Town Clerk
5:30 PM
Present Were: Michael J. Domino, President
Glenn Goldsmith, Trustee
A. Nicholas Krupski, Trustee
Greg Williams, Trustee
Elizabeth Cantrell, Senior Clerk Typist
Damon Hagan, Assistant Town Attorney
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, December 4, 2019 at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, December 11, 2019 at 5:30 PM at the Main
Meeting Hall
WORK SESSIONS: Monday, December 9, 2019 at 4:30 PM at the Town Hall Annex 2nd
floor Board Room, and on Wednesday, December 11, 2019 at 5:00 PM at the
Main Meeting Hall
MINUTES: Approve Minutes of October 16, 2019
TRUSTEE DOMINO: Good evening, and welcome to our Wednesday,
November 13th, 2019 meeting. At this time I would like to call
the meeting to order and ask that you stand for the pledge.
(Pledge of Allegiance).
We'll recognize the people on the dais. To my left is Trustee
Glenn Goldsmith, Trustee Nick Krupski and Trustee Greg Williams.
To my right, Assistant Town Attorney Damon Hagan and Senior
Clerk Typist Elizabeth Cantrell. Also with us tonight is Court
Stenographer Wayne Galante. And the Conservation Advisory
Council member assigned tonight is Caroline Burghardt.
Agendas or located at the podiums and out in the hall.
Postponements. We have a couple of postponements. If you
have an agenda, on page 13, we have numbers 16 and number 17
are postponed. They are listed as follows:
Board of Trustees 2 November 13, 2019
Number 16, Jeffrey Patanjo on behalf of PETER & DIANA O'NEILL
requests a Wetland Permit to clear underbrush, saplings
and dead leaf matter along existing bluff area; install two (2)
drywells in the driveway (6' diameter by 6' deep), to capture
all driveway runoff prior to overflowing bluff and connected to
roof leaders to capture roof runoff.
Located: 5875 Vanston Road, Cutchogue. SCTM# 1000-118-1-1.3
And number 17, Suffolk Environmental Consulting on behalf
of JOSH AUERBACH &WHITNEY BOWE requests a Wetland Permit
and a Coastal Erosion Permit to construct a 49'x24.9' second story
addition above the existing split-level dwelling; a 4'x9' shed
off the southeastern facing side of existing dwelling; construct
a retaining wall measuring 115' long adjacent to King Street and
27' long section adjacent to Harbor Road, with a top elevation
of 6.5', install a new innovative, alternative, nitrogen
reducing septic system 50' from the mean high water line; the
existing swimming pool is proposed to be raised to the elevation
of the retaining wall at a height of 6.5' as a consequence of
the proposed septic system upgrade (675 cubic yards of clean
fill from an approved source will be utilized to accomplish
this), and to add two new dry wells on the northeastern and
northwestern sides of the house as well as a conversion of an
existing septic system to a dry well in order to better manage
water run-off from the roof of the dwelling.
Located: 450 Harbor Road, Orient. SCTM# 1000-27-4-7
On pages 14 and 15 we have numbers 18, 19, 20, 21, 22, 23,
24, 25 and 26. They are listed as follows:
Number 18, En-Consultants on behalf of TEAMC99A PROPERTIES,
LLC, c/o CHRISTOPHER JOSEPH, MEMBER requests a Wetland Permit to
demolish and remove existing dwelling, and construct a new
two-story, approximately 1,289 sq. ft. single-family dwelling with
approximately 309 sq. ft. of waterside deck with 4' wide steps, an
89 sq. ft. side deck; and a 90 sq. ft. front entry deck; install
drainage system of gutters to leaders to drywells; raise
existing grade within Chapter 275 jurisdiction with
approximately 15 cubic yards of clean sand fill to be trucked in
from an approved upland source (additional 149 cubic yards of
clean fill to be placed outside Chapter 275 jurisdiction); and
contain fill with a 12" wide by 70' long by 3.5' high (max.)
Retaining wall on east side of the property, and a 12" wide by
35' long by 5' high (max.) "L" shaped retaining wall on west
side of property; proposed septic system, pervious gravel
parking area, and railroad tie landscape steps to front entry
deck to be located outside Chapter 275 jurisdiction.
Located: 980 Oak Avenue, Southold. SCTM# 1000-77-1-6
Number 19, Condon Engineering, PE on behalf of STEPHEN
CARROLL requests a Wetland Permit to install a new I/A nitrogen
treatment unit with an infiltrator leaching system to replace an
existing septic system.
Located: 3825 Wickham Avenue, Southold. SCTM# 1000-107-9-5
Number 20, Cole Environmental Services on behalf of EMMAN
Board of Trustees 3 November 13, 2019
VAN ROOYEN & JANE ABOYOUN requests a Wetland Permit to remove
existing dock and construct new in-place consisting of a
4'x±13.7' fixed landward ramp to a 4'x±57 linear foot long fixed
dock using thru-flow decking (to 4'6" above existing grade); a
±28.5"x4' wood hinged ramp, a new 6'x20' wood frame floating
dock situated in an "L" configuration with two (2) 8" diameter
piles to secure floating dock; new ±8.7'x2.6'wood frame bench
seat to be built on fixed dock; all wood and pilings to be
pressure treated; new/existing floating docks not to rest upon
bottom of creek; dock pole depth to be determined by height of
pole above grade; if height above grade is greater than 10',
dock pole depth below grade to be equal length to height above
grade; if height above grade is 10' or less, pole depth to be
10' below grade min.
Located: 575 Hill Road, Southold. SCTM# 1000-70-4-29
Number 21, McCarthy Management on behalf of BRIAN O'RIELLY
requests a Wetland Permit to install a 4'x55' fixed wood
catwalk; steps to grade off landward end of catwalk; install a
3'x14' seasonal aluminum ramp; and install a 6'x20' floating
dock with chocking system situated in a "T" configuration.
Located: 659 Pine Neck Road, Southold. SCTM# 1000-70-5-31.1
Number 22, GREG SCHULZ requests a Wetland Permit for the
as-built cutting and discarding of rotten vegetation and dead
tree; and to revegetate with native plants within the
approximately 16'x24' disturbed area at the property of the
Donald P. Brickley Irrevocable Trust.
Located: 7230 Skunk Lane (At Corner of Oak Drive and Hickory Drive),
Cutchogue. SCTM# 1000-104-6-10 1
Number 23, Jeffrey Patanjo on behalf of WILLIAM MACGREGOR
requests a Wetland Permit to remove existing fixed dock, ramp
and floating dock and replace in the same approximate location
as existing dock, a new 4' wide by 80' long fixed pier with thru
flow decking on entire surface, a new 30" wide by 16' long
aluminum ramp; and a new 6' wide by 20' long floating dock
supported with two (2) 10" diameter piles; in addition, there
will be a trimming and maintenance of a 4'wide cleared path
from the proposed dock to the edge of existing maintained lawn.
Located: 1120 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-2
Number 24, Patricia Moore, Esq. on behalf of FRED & MAUREEN
DACIMO requests a Wetland Permit to replace the foundation of a
36.2'x32' existing residential cottage and raise foundation to
FEMA standards, renovate the cottage, and repair or replace
existing sanitary system as needed; and for the existing
20.8'x68.5' one-story frame storage building with concrete slab;
existing 40.4'x20.3' two-story frame building; concrete shed and
fuel tank; existing 10.2'x14.2' shed; existing
74.3'x49'x28.7'x17.7'x51.6'x31.3' one-story storage building;
existing 8'x8' windmill tower base; and existing 5'x5'
outhouse/public bathroom for marina customers.
Located: 5520 Narrow River Road, Orient. SCTM# 1000-27-2-4
Number 25, Cole Environmental Services on behalf of ALBERT
Board of Trustees 4 November 13, 2019
G. WOOD requests a Wetland Permit to remove existing concrete
seawall; debris in work area to be cleared to a N.Y.S. approved
upland disposal facility; install ±109 linear feet of new rock
revetment to be constructed with ±13' of stone armoring at north
corner and ±10' of stone armoring at south corner; backfill with
±137 cubic yards of clean upland fill; existing wooden bulkhead
to be modified to elevation 5.9 at point of intersection with
revetment; and bulkhead modification to occur within property
owner's lines only.
Located: 1000 First Street, New Suffolk. SCTM# 1000-117-7-32
Number 26, JOSEPH BARSZCZEWSKI, JR. requests a Wetland
Permit for the as-built clearing of a vacant lot; adding ±200
cubic yards of fill and grading out in order to raise the grade
of the property; plant 15 shrubs 4' apart along southeast
property line; and plant 18 shrubs 4' apart along southwest
property line.
Located: 110 Lawrence Lane, Greenport. SCTM# 1000-53-2-7
Additionally, we have on page eleven, number eight,
Bulkhead Permits by Gary on behalf of GLEN &JOANNE MIDDLETON
requests a Wetland Permit to replace existing 24"x61.5' section
of a wave break in same place with an 18" increase in elevation,
supported by (24) 10" diameter pressure treated timber pilings;
replace existing inland 24"x17.5' lower concrete section of wave
break in same place and to be constructed at the same proposed
elevation as the new seaward section, supported by (8) 10"
diameter pressure treated timber pilings.
Located: 2405 Bay Shore Road, Greenport. SCTM# 1000-53-4-17,
has been postponed.
So those are all postponed. If you are here for any of
those, you are welcome to stay around, but you may go home.
I would like to announce under Town Code Chapter 275-8(c),
the files were officially closed seven days ago. Submission of
paperwork after that date may result in delay of the processing
of the application.
At this time I'll entertain a motion to have our next field
inspection Wednesday, December 4, 2019, at 8:00 AM, at the Town
annex.
TRUSTEE KRUPSKI: So moved.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll entertain a motion to hold the next Trustee
meeting Wednesday, December 11, 2019, 5:30 PM, here at the main
meeting hall.
TRUSTEE KRUPSKI: So moved.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I would like a motion to hold the next work session at the Town
Board of Trustees 5 November 13, 2019
Annex board room on the second floor, on Monday, December 9th, 2019,
4:30 PM; and 5:00 PM on Wednesday, December 11th, 2019, at the
main meeting hall.
TRUSTEE GOLDSMITH: So moved.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: At this time I'll entertain a motion to approve
the Minutes of October 16th meeting.
TRUSTEE GOLDSMITH: So moved.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I. MONTHLY REPORT:
The Trustees monthly report for October 2019. A check for
$11,846.79 was forwarded to the Supervisor's Office for the
General Fund.
II. PUBLIC NOTICES:
Public Notices are posted on the Town Clerk's Bulletin Board for
review.
III. RESOLUTIONS -OTHER:
Number one, RESOLVED, the Board of Trustees of the Town of
Southold, pursuant to the State Environmental Quality Review
Act, hereby declare itself Lead Agency in regards to the
application of 40200 MAIN, LLC (ORIENT BY THE SEA), c/o RWN
MANAGEMENT, LLC.
Located: 38015 Main Road, Orient. SCTM# 1000-15-2-15.8
TRUSTEE DOMINO: That's my motion.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
IV. STATE ENVIRONMENTAL QUALITY REVIEWS:
RESOLVED that the Board of Trustees of the Town of Southold
hereby finds that the following applications more fully
described in Section IX Public Hearings Section of the Trustee
agenda dated Wednesday, November 13, 2019, are classified as
Type II Actions pursuant to SEQRA Rules and Regulations, and are
not subject to further review under SEQRA:
TRUSTEE DOMINO: They are listed below:
Board of Trustees 6 November 13, 2019
Alexander Perros SCTM# 1000-51-1-18
Santosha After 50, LLC SCTM# 1000-44-1-21
Gardiners Bay Estates Homeowners Association, Inc.
SCTM# 1000-37-4-17
Orient Wharf Co., Inc., c/o Gary Parker SCTM# 1000-24-2-28.1
Patricia Cosimano SCTM# 1000-88-5-63
Scott & Susan Ambrosio SCTM# 1000-104-7-16.1
Alan Cardinale SCTM# 1000-111-13-7
Rene Cardinale SCTM# 1000-111-13-8
New Suffolk Waterfront Fund SCTM# 1000-117-8-18.1
Scott &Tammy Colletti SCTM# 1000-123-4-4.1
Frank Doka SCTM# 1000-115-11-4.1
Lois J. & Nicholas M. Camarano SCTM# 1000-106-11-19
TRUSTEE DOMINO: That's my motion.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number two, RESOLVED that the Board of Trustees
of the Town of Southold hereby finds that the following
applications more fully described in Section IX Public Hearings
Section of the Trustee agenda dated Wednesday, November 13th,
2019, are classified as Unlisted Actions pursuant to SEQRA Rules
and Regulations:
40200 Main, LLC (Orient by the Sea), c/o RWN Management, LLC
SCTM# 1000-15-9-8.1
TRUSTEE DOMINO. That's my motion.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
V. ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW
YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617:
TRUSTEE GOLDSMITH: Under Roman numeral V, Environmental
Declaration of Significance pursuant to New York State
Environmental Quality Review Act.
Number one, DESCRIPTION OF ACTION: Inter-Science Research
Associates, Inc. on behalf of 40200 MAIN, LLC (ORIENT BY THE
SEA), c/o RWN MANAGEMENT, LLC requests a Wetland Permit and a
Coastal Erosion Permit for a Ten (10) Year maintenance and
reconstruction permit for work associated with the existing
marina facility which includes a potential total of 9 dredging
events over the next 10 years each removing up to 600 cubic
yards of material, for a total of 5,400 cubic yards of dredged
material; the anticipated dredging would be conducted to a depth
of-6 feet below the plan of Mean Low Water (-6' MLW NAVD, 1988
datum) and would not include over depth dredging; removal of
approximately 1,690 linear feet of existing timber bulkhead and
Board of Trustees 7 November 13, 2019
290 linear feet of vinyl bulkhead which would be replaced by
approximately 2,005 linear feet of new vinyl bulkhead within the
basin and removal of approximately 282 linear feet of steel
bulkhead and replacement with 282 linear feet of new steel
bulkhead along the southern portion of the property directly
abutting Gardiners Bay; the new vinyl bulkhead will consist of
vinyl sheets, 11" diameter lumber piles, 6"x8" lumber wales, to
deadmen and backing pilings; the bulkhead would be expanded in
the northeast corner by approximately 13' of the basin to square
off the corner which would create approximately 230sq.ft. Of new
basin area; the bulkhead would be expanded in the southwest
corner by approximately 17' of the basin to square off the
corner which would create approximately 500 sq. ft. of new basin
area; removal of the center main "T" shaped fixed pier which is
approximately 197 feet long and 1,175 sq. ft. in area; removal of
eight (8) finger piers in the basin totaling approximately
225 sq. ft.; reconstruction of approximately 15 finger piers in
the basin totaling approximately 1,250 sq. ft.; two proposed
finger piers will contain wave protection boards; where existing
wave protection boards will be removed from current piers;
installation of a new dinghy tie-off floating dock at 4'x60'
(t250sq. ft.) located along the south edge of the restaurant
deck; installation, removal and replacement of pilings within
the basin (approximately 111 existing pilings will be removed,
45 new 11" diameter pilings to be installed and 78 existing
pilings to remain or be replaced as necessary with new 11"
diameter pilings); repairs to existing boat ramp as necessary;
installation of a new pump out facility located along the new
expanded area of the bulkhead in the northeast corner of the
basin; the pump out facility will consist of an Edson pump
(model to be determined) to a 500-gallon holding tank; new
electrical and water lines to the boat slips will be installed;
the installation of debris booms will be erected across the
channel to contain in water construction debris; the immediate
areas of construction and dredging will be conducted behind a
turbidity curtain; and the proposed pilings will be installed
with jetting and/or pile hammers.
Located: 40200 Route 25, Orient. SCTM# 1000-15-9-8.1
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, the Southold Town Board of Trustees are familiar with
this project having visited the site on November 6, 2019, and
having considered the survey of property by George Walbridge
Surveyors, P.C., last dated June 26, 2019, existing site plan by
S.L. Maresca Associates, Hampton Bays dated September 20, 2019,
and hydrographic map of Robert H. Fox, surveyed May 2019, at the
Trustee's November 8, 2019 work session, and,
WHEREAS, on November 13, 2019 the Southold Town Board of
Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and,
WHEREAS, on November 13, 2019 the Southold Town Board of
Board of Trustees 8 November 13, 2019
Trustees classified the application as an unlisted action
pursuant to S.E.Q.R.A; and
WHEREAS, in reviewing the survey of property by George Walbridge
Surveyors, P.C., last dated June 26, 2019, existing site plan by
S.L. Maresca Associates, Hampton Bays dated September 20, 2019,
and hydrographic map of Robert H. Fox, surveyed May 2019, it has
been determined by the Board of Trustees that all potentially
significant environmental concerns have been addressed as noted
herein:
Navigation: Removal of approximately 1,690 linear feet of
existing timber bulkhead, and removal of 290 linear feet of
vinyl bulkhead and replacement with approximately 2,005 linear
feet of new vinyl bulkhead will be done in steps and will have
no appreciable impact on navigation within the boat basin the
removal of the center main "T" shaped fixed pier which is
approximately 197 feet long and 1,175 sq .ft. in area will
facilitate navigation within the boat basin, and facilitate
necessary uses.
• Dredging: The proposed dredging will be completed by clam
shell bucket located on the barge in the boat basin. The barge
will be equipped with a dredge box for dewatering and the dredge
box will be emptied into a dump truck and transported to the
upland portion of the property for disposal and grading or to an
approved upland disposal site
• Environmental upkeep: The dock and bulkhead design projects
a usual lifespan of 30 years, with limited pile replacement so
as to minimize disturbance of the bottom.
• Environmental upgrade: The proposed pump out facility with
an Edson pump (model to be determined) to a holding tank of
greater than 500-gallon capacity will benefit the environment,
neighboring waters and wetlands.
THEREFORE, according to the foregoing, the Southold Town Board
of Trustees Approve and Authorize the preparation of a Notice of
Negative Declaration pursuant to SEQRA for the aforementioned
project.
TRUSTEE GOLDSMITH: That's my motion
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
VI. RESOLUTIONS -ADMINISTRATIVE PERMITS:
TRUSTEE DOMINO: Number VI, resolutions and administrative
permits. We regularly group together actions that are deemed
minor or similar in nature. Accordingly, I'll make a motion to
approve as a group items two through six. They are listed as
follows:
Number two, MICHAEL & KATHERINE PERIVOLARIS request an
Administrative Permit to repair 720 sq. ft. deck by replacing
decking and handrails.
Board of Trustees 9 November 13, 2019
Located: 500 Jackson Landing, Mattituck. SCTM#: 1000-113-4-7
Number three, SANDRA L. FELLMAN requests an Administrative
Permit for the replacement of 266 sq. ft of decking on existing deck.
Located: 2850 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-13
Number four, Martin Finnegan, Esq., on behalf of BARBARA
BECKER requests an Administrative Permit to install 8' high deer
fencing, approximately 300' on south side of property and 250'
on west side of property, 10 feet back from top of bank.
Located: 38015 Main Road, Orient. SCTM#1000-15-2-15.8
Number five, En-Consultants on behalf of REILLY FAMILY
REVOCABLE INTERVIVOS TRUST requests an Administrative Permit to
remove and replace in-place approximately 811f of existing
timber bulkhead with vinyl, remove and replace in-place most
seaward 281f of existing +/-42' westerly timber return with
vinyl, and remove and replace in-place +/-13' easterly timber
return with vinyl; backfill with approximately 15cy clean
sand/loam fill to be trucked in from an approved upland source;
establish and perpetually maintain 10' wide non-turf buffer
adjacent to 81 If vinyl bulkhead.
Located: 300 Knoll Circle, East Marion. SCTM#1000-37-5-13
Number six, ROSE L. MILAZZO REVOCABLE TRUST requests an
Administrative Permit to remove and replace in-place
approximately 53 If of existing vinyl bulkhead; construct 34 If
low sill vinyl bulkhead and increase vinyl southerly return to
20', re-establish disturbed plantings.
Located: 1165 Island View Lane, Greenport. SCTM#1000-57-2-20
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI. Number one, PHILIP LORIA requests an
Administrative Permit for the as-built re-sheathing of 105' of
timber bulkhead with vinyl with an 8' return on the southeast
corner; replace dead-men and all hardware with hot dipped
galvanized hardware; bulkhead to be capped with 2" CCA wood.
Backfill with 60 yards of clean sand from an approved source.
All work to be done on the landward side of the bulkhead.
Located: 1090 First Street, New Suffolk. SCTM#1000-117-7-31
The Trustees visited this site most recently as an inhouse
review and noted that the new plans as requested contain a
ten-foot non-turf buffer.
The LWRP found this to be consistent.
Okay, I make a motion to approve this application with the
condition of a ten-foot non-turf buffer as shown on the October
30th plans.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: Motion made and seconded. All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number seven, En-Consultants on behalf of
NANCY CARROLL requests an Administrative Permit to remove and
Board of Trustees 10 November 13, 2019
replace in-place approximately 100 linear feet of existing
timber bulkhead with vinyl bulkhead; remove and replace in-place
existing 3'x+/-8' steps to beach; backfill with approximately 25
cubic yards of clean sand fill to be trucked in from an approved
upland source; and maintain existing, covenanted 10' wide
non-turf buffer.
Located: 350 West Lake Drive, Southold. SCTM#1000-90-1-21
The Trustees reviewed this on 11/8/2019. The project seemed
straightforward. There are new plans that were submitted on
November 13th, 2019, with a new project description, remove and
replace in-place approximately 100 linear feet of existing timber
bulkhead with vinyl bulkhead; remove and replace in-place
existing 3'x8' steps to beach; backfill with approximately 25
cubic yards of clean sand fill to be trucked in from an approved
upland source; maintain existing covenanted ten-foot wide
non-turf buffer adjacent to the bulkhead; and replant
approximately five-foot wide sloped area between non-turf buffer
and edge of lawn with native vegetation as depicted on the
project plan prepared by En-Consultants last dated November
13th, 2019.
1 make a motion to approve this project with the new
project description stipulating that the 15-foot wide non-turf
buffer will remain.
MR. HERRMANN: It's not a 15-foot.
MR. HAGAN: Ten-foot wide non-turf buffer and vegetated five-foot
outside of the ten-foot wide non-turf buffer covenanted.
MR. HERRMANN: It's exactly what he read before he read that.
It's maintaining the ten-foot non-turf buffer and then replant
the next five feet. That's it. They'll replant the five-foot
slope between the ten-foot covenanted buffer. It's already a
covenanted buffer.
TRUSTEE WILLIAMS: So it's a total of 15-feet of non-turf,
correct? It will be.
MR. HERRMANN: It will be a covenanted ten-foot non-turf buffer
and then re-plant the five-foot slope.
TRUSTEE WILLIAMS: Yup.
MR. HERRMANN: Exactly how you read it.
MR. HAGAN: Reread the project.
TRUSTEE WILLIAMS: I'll rescind my motion. And for point
of clarification, I'm going to re-read the updated project description:
Remove and replace in-place approximately 100 linear feet of existing
timber bulkhead with vinyl bulkhead; remove and replace in-place existing
3'x8' steps to beach; backfill with approximately 25 cubic yards of clean
sand fill to be trucked in from an approved upland source; maintain
existing covenanted ten-foot wide non-turf buffer adjacent to bulkhead;
and replant approximately five-foot wide sloped area between non-turf
buffer and edge of lawn with native vegetation as depicted on the project
plans prepared by En-Consultants last dated November 13th, 2019, with
plans received November 13th, 2019.
That is my motion to approve.
TRUSTEE KRUPSKI- Second.
Board of Trustees 11 November 13, 2019
TRUSTEE DOMINO: Motion made and seconded. All in favor?
(ALL AYES).
VII. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE DOMINO: Roman numeral VII. Again, in order to simplify
our meeting, I'll make a motion to approve as a group items one
through ten. They are listed as follows:
Number one, En-Consultants on behalf of RK3 ESTATES, LLC
requests a One-Year Extension to Wetland Permit#9132, as issued
on December 13, 2017.
Located: 835 Tarpon Drive, Southold. SCTM#1000-53-5-8
Number two, ATHENA GUO requests a Transfer of Wetland
Permit#6666 from Ralph Panella to Athena Guo, as issued on July
24, 2007, and Amended on August 22, 2007, and Amended again on
July 17, 2013
Located: 540 Takaposha Road, Southold. SCTM# 1000-87-6-9
Number three, JOHN &ARMANDO CASTRO-TIGHE request a
Transfer of Wetland Permit#7825 and Coastal Erosion Permit
#7825C from Alexander D. Norden to John &Armando Castro-Tighe,
as issued on June 20, 2012; and for an Administrative Amendment
to Wetland Permit#7825 and Coastal Erosion Permit#7825C for
the as-built 40"x60" cantilevered balcony using un-treated wood
and to remove the existing wooden walkway on the west side of
the property.
Located: 56055 Route 48, Southold. SCTM# 1000-44-1-20
Number four, En-Consultants on behalf of NICHOLAS & LOIS
CAMARANO requests a Transfer of Wetland Permit#743 from Veljko
J. Krstulovic to Lois J. & Nicholas M. Camarano, as issued on
August 8, 1972; and for an Administrative Amendment to Wetland
Permit#743 for the as-built 3'x28' fixed catwalk and 3'x16'
adjustable ramp leading to a "Y" shaped floating dock
arrangement consisting of a 4' to 10' wide by 14' long float
extension and a 6'x20' float secured by two (2) pilings
Located: 335 South Drive, Mattituck. SCTM# 1000-106-11-19
Number five, Michael Kimack on behalf of KEVIN S. McLEOD &
CHUN Y. CHEUNG requests an Administrative Amendment to Wetland
Permit#9434 to construct 238.2 sq. ft. pergola to cover existing
deck; construct 3'4"x15' counter with storage below on west side
of existing deck; construct 69 9 sq. ft pergola to cover existing
entrance landing and construct 140.6 sq. ft. pergola extending
over deck addition.
Located: 605 Soundview Drive, Mattituck. SCTM#1000-94-1-4
Number six, CHRISTOPHER AUSTIN requests an Administrative
Amendment to Administrative Permit#9534A for the as-built
10'x107" pergola on waterside of dwelling.
Located: 915 Bungalow Lane, Mattituck. SCTM#1000-123-3-11.1
Number seven, En-Consultants on behalf of GEANIE ARCIGA &
THOMAS JUUL-HANSEN requests an Administrative Amendment to
Administrative Permit#9514A to conduct construction activity
Board of Trustees 12 November 13, 2019
within 100'from crest of bluff to construct on vacant parcel an
approximate 4,076 sq. ft., two-story, single-family dwelling in
lieu of the proposed 3,411 sq. ft. two-story, single-family
dwelling, with approximately 1,285 sq. ft. waterside deck with
steps, in lieu of the proposed 1,518 sq. ft. waterside deck with
steps; 1,792 sq. ft. pool deck in lieu of the proposed 1,632 sq. ft.
pool deck, 690 sq. ft., swimming pool in lieu of the proposed
680 sq. ft. swimming pool, and 436 sq. ft. front deck.
Located: 500 Castle Hill Road, Cutchogue. SCTM#1000-72-1-1.10
Number eight, En-Consultants on behalf of BLUE MOON
PARTNERS, LLC c/o RANDALL FAIRHURST, MEMBER requests an
Administrative Amendment to Wetland Permit#9464 to install a 4'
high, 26' long gated fence between dwelling and northerly
property line.
Located: 360 Wiggins Lane, Greenport. SCTM# 1000-35-4-28.33
Number nine, Martin D. Finnegan, Esq., on behalf of JANICE
FLAHERTY requests an Administrative Amendment to Wetland Permit
#9358 for an additional 4'x6' landing on the bluff stairs.
Located: 90 The Strand, East Marion. SCTM#1000-21-5-8
Number ten, Michael Kimack on behalf of MICHAEL McCARRICK
REAL ESTATE, INC. requests an Administrative Amendment to
Wetland Permit#9134 for the as-built 4.42'x6.25' (27.63sq.ft.)
staircase attached to northerly side of deck.
Located: 415 Lakeside Drive, Southold. SCTM#1000-90-3-13
That's my motion.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
VIII. DUCK BLINDS:
TRUSTEE DOMINO: Under Roman numeral VIII, duck blinds,
Number one, KEVIN BERGAMI requests a Waterfowl/Duck Blind
Permit to place a Waterfowl/Duck Blind in Dam Pond using public
access. Located: Dam Pond, East Marion.
This was discussed inhouse and my motion is to approve.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
IX. PUBLIC HEARINGS:
TRUSTEE DOMINO: Under Roman numeral IX, public hearings. At this
time I'll make a motion to go off our regular meeting agenda and
enter into public hearing.
Motion.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO- All in favor?
(ALL AYES).
TRUSTEE DOMINO- This is a public hearing in the matter of the
Board of Trustees 13 November 13, 2019
following applications for permits under the Wetlands ordinance
of the Town of Southold. I have an affidavit of publication
from the Suffolk Times. Pertinent correspondence may be read
prior to asking for comments from the public.
Please keep your comments relevant to the application at
hand, organized and brief. Five minutes or less would be appreciated.
AMENDMENTS:
TRUSTEE DOMINO: Number one, under Amendments, SCOTT & SUSAN AMBROSIO
request an Amendment to Wetland Permit#9379 to demolish existing dwelling and
foundation and construct new 20' landward; construct a 40' wide by 34' deep foundation
with elevations to remain as previously approved; construct a 40' wide by 34' deep
two-story dwelling with a 40' wide by 6' 9 Y2" deep front porch with roof to be 42'8" wide
by 8'-11 1/2' deep with approved eaves on the east and west side of the house; demolish
and remove existing seaward side concrete patio; construct a new 36-9 1/2" wide by 22'
deep elevated framed deck with 8' wide stairs attached to back and a 4'-wide stairs on
the west side of the deck adjacent to the newly located house; install gravel under
footprint of deck; construct a 39'9 '/2" wide by 13'4" deep patio roof; reconfigure existing
driveway, add cobblestone apron and sides and paver walkway from driveway to
dwelling; install a 1,000-gallon propane tank; eliminate one plastic shed and install one
(1) 8'x10' shed for a total of two (2) existing 8'x12' and one (1) 8'x10' plastic sheds; and
to relocate and reconfigure OWATS System and grade to allow for new landward
location.
Located: 1940 Mason Drive, Cutchogue. SCTM# 1000-104-7-16.1.
The Trustees most recent field inspection was on November 16th, noting that the
application to pull the house back with a wooden deck is okay. The Board would prefer
that the house be built with a wooden deck with the smallest environmental impact.
The Conservation Advisory Council resolved unanimously to support this
application on November 6th, 2019.
And the LWRP coordinator found this to be consistent.
Is there anyone here wishing to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
All right, hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO- All in favor?
(ALL AYES)
TRUSTEE DOMINO: I make a motion to approve this application as submitted.
TRUSTEE GOLDSMITH: Second
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number two,
Michael Kimack on behalf of COVE CONDOMINIUM OWNERS ASSOCIATION
requests an Amendment to Wetland Permit#9148 to allow for the
first spoil dredging be used as backfill landward of new low
sill bulkhead; along the north bulkhead at boat dock: In lieu of
removing approximately 145' of existing wood bulkhead, to remove
approximately 116' of existing north wood bulkhead (25' and 91'
Board of Trustees 14 November 13, 2019
sections); construct approximately 116' of new vinyl bulkhead
with addition of one 12' return at northern end of 25' section
of new bulkhead (±128' total); and raised 12" higher than
existing bulkhead; backfill with clean fill and restore
disturbed area; remove approximately 180' of existing south wood
bulkhead at boat ramp; construct approximately 180' of new vinyl _
bulkhead with two returns; 12' on the north end and 8' on the
south end for a total new length of approximately 200' and
raised 12" higher than existing; backfill with clean fill and
restore disturbed area; construction of proposed new bulkheading
to consist of 9"x12' pilings at 8' o/c at approx. 8' below
grade, two (2) 6"x6" stringers spaced accordingly, shore guard
225 at 10' in length at approx. 6' below grade, a wood cap with
3"x6" top clamp, W x 10' tie rods with horizontal lag log, with
8" backer pilings at 8' o/c set approx. 10' back from main
pilings; construct approximately 180' of new proposed partial
low sill bulkhead; backfill with clean sand just below lower
vinyl sheathing; maintain approx. 2 to 1 slope from top of
sloughed bank and then flat to bulkhead; install two (2) layers
of burlap, secure with 8" galvanized pins; plant Spartina
alterniflora @ one (1) ft. O/C throughout (approx. 2,800 sq. ft.);
for the restoration landward of new bulkheads: Prior to clearing
vegetation, remove and preserve to the extend feasible, wetland
plants that can be removed, preserved and planted; clear and
excavate landward approx. 10' from new bulkheads to place dead
men and tie rods approx. Every 8', backfill with excavated
material and clean fill as needed, proposed machinery to be
utilized would be small crawler backhoe with bucket; restore
wetland areas disturbed as follows: Wetland limits of
disturbance area approx. 1,025 sq. ft. subsequent to backfill,
replant preserved wetland plants prior to new plantings, plant
approx. 70 three-gallon Baccharis plants at 4' o/c±,
intersperse plants with approx. 800 Spartina Patens at approx.
1' o/c; wetland limits of disturbance area approx. 1,100 sq. ft.
subsequent to backfill, replant preserved wetland plants prior
to new plantings, plant approx. 75 three-gallon Baccharis plants
at 4' o/c±, intersperse plants with approx. 900 Spartina Patens
at approx. 1' o/c; and any disturbance to the intertidal march
areas will be replanted with alterniflora.
Located: Meadow Court & 8552 Main Bayview Road, Southold.
SCTM# 1000-87-5-26 & 1000-87-5-23.9
The LWRP found this to be consistent with the note that the
action will disturb high value low and high marsh; establish
survival rates; replant vegetation which will require replanting
of areas that don't meet survival rate.
Conservation Advisory Council resolved not to support this
application.
The Conservation Advisory Council does not support the
proposed height of the 25-foot extension of the bulkhead unless
it is a low sill bulkhead.
The Trustees conducted a field inspection most recently on
Board of Trustees 15 November 13, 2019
November 6th, noting it was a straightforward application.
Is there anyone here who wishes to speak regarding this
application?
MR. KIMACK: Michael Kimack on behalf of the applicant.
The comments to the Conservation Advisory Council, it is a
low sill in the sense it's a hybrid low sill, but it meets the
qualifications as being a low sill. It allows the water to come
in and replenish. They may have missed that on the drawing.
It's higher than most, but every third sheathing face basically
is set down in order to allow the water on high tide to come in
and replenish the Spartina.
This has received a long extensive time with DEC and we
finally got the approval from them. So it has been approved by
them.
TRUSTEE GOLDSMITH: Can you just address the one LWRP condition,
you do have a planting plan for the disturbed vegetation?
MR. KIMACK: We have a complete planting plan for the disturbed
area. It has been approved by DEC. There is, I think for the
whole area going in there is eight-hundred plants, there's the
Baccharus going back into the whole thing, and the Spartina is
one foot on center. The Baccharus is, I think the number of
plants has been indicated there. In terms of the number of--
270 of three-gallons of Baccharus in A and 75 in B. I
think there is like eight-hundred Spartina. But it's a complete
planning plan. It was completely reviewed by DEC very
carefully, and they approved it.
TRUSTEE GOLDSMITH: Thank you Anyone else here wishing to speak
regarding this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI. Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve this application
as submitted.
TRUSTEE KRUPSKI: Second
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. KIMACK: Thank you.
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE KRUPSKI: Under Wetland and Coastal Erosion Permits.
Number one, Inter-Science Research Associates, Inc., on behalf
of 40200 MAIN, LLC (ORIENT BY THE SEA), c/o RWN MANAGEMENT, LLC
requests a Wetland Permit and a Coastal Erosion Permit for a Ten
(10) Year maintenance and reconstruction permit for work
associated with the existing marina facility which includes a
potential total of 9 dredging events over the next 10 years each
Board of Trustees 16 November 13, 2019
removing up to 600 cubic yards of material, for a total of 5,400
cubic yards of dredged material; the anticipated dredging would
be conducted to a depth of-6 feet below the plan of Mean Low
Water(-6' MLW NAVD, 1988 datum) and would not include over
depth dredging; removal of approximately 1,690 linear feet of
existing timber bulkhead and 290 linear feet of vinyl bulkhead
which would be replaced by approximately 2,005 linear feet of
new vinyl bulkhead within the basin and removal of approximately
282 linear feet of steel bulkhead and replacement with 282
linear feet of new steel bulkhead along the southern portion of
the property directly abutting Gardiners Bay; the new vinyl
bulkhead will consist of vinyl sheets, 11" diameter lumber
piles, 6"x8" lumber wales, to deadmen and backing pilings; the
bulkhead would be expanded in the northeast corner by
approximately 13' of the basin to square off the corner which
would create approximately 230 sq. ft. of new basin area; the
bulkhead would be expanded in the southwest corner by
approximately 17' of the basin to square off the corner which
would create approximately 500 sq. ft. of new basin area;
removal of the center main "T" shaped fixed pier which is
approximately 197 feet long and 1,175 sq. ft. in area; removal of
eight (8) finger piers in the basin totaling approximately
225 sq. ft.; reconstruction of approximately 15 finger piers in
the basin totaling approximately 1,250 sq. ft.; two proposed
finger piers will contain wave protection boards; where existing
wave protection boards will be removed from current piers;
installation of a new dinghy tie-off floating dock at 4'x60'
(±250 sq. ft.) Located along the south edge of the restaurant
deck; installation, removal and replacement of pilings within
the basin (approximately 111 existing pilings will be removed,
45 new 11" diameter pilings to be installed and 78 existing
pilings to remain or be replaced as necessary with new 11"
diameter pilings); repairs to existing boat ramp as necessary;
installation of a new pump out facility located along the new
expanded area of the bulkhead in the northeast corner of the
basin; the pump out facility will consist of an Edson pump
(model to be determined) to a 500-gallon holding tank; new
electrical and water lines to the boat slips will be installed;
the installation of debris booms will be erected across the
channel to contain in water construction debris; the immediate
areas of construction and dredging will be conducted behind a
turbidity curtain; and the proposed pilings will be installed
with jetting and/or pile hammers.
Located: 40200 Route 25, Orient. SCTM# 1000-15-9-8.1 inter
The Trustees most recently visited this project on the 6th
of November. This is the second filing pre-submission and they
noted that the project seems reasonable. Some concerns with the
location and size of the pump-out facility there for the
increased traffic.
The LWRP found this application to be consistent. Noted he
would like to know where the dredge spoil would be secured and
Board of Trustees 17 November 13, 2019
identified. Also did note the material is suitable for onsite
disposal and that it will be trucked off, the impact of truck
traffic transporting the material should be considered. If the
dredge material is disposed of onsite, it is recommended to
further policy four, that it is planted low dune beach
constructed to mitigate hurricane storm surge landward of the
bulkhead.
The Conservation Advisory Council resolved to support this
application. And recommended that the wave protection boards are ,
constructed with IPE or green hardwood.
Is there anyone here that wishes to speak regarding this
application?
MS. POYER: Good evening, Lisa Poyer, with Inter-Science, on
behalf of the applicant. I think there is missing discussion
about the pump-out. We decided we are going to go with the
mobile unit. It's just a smaller transportation where you would
roll it to the vessel, take the hose, pump out the boat and then
roll it to a different area where there is a larger inground
holding tank. And we can follow whatever guidelines the
Trustees have. There is some research line there is like 115
gallon mobile unit, so it can at least probably accommodate one
large boat, multiple smaller boats in one pumping, and then it
would be transported to that secondary holding tank location.
TRUSTEE KRUPSKI: Okay. Then do you have plans depicting the new
location of the holding tank?
MS. POYER: It will be up in the same northwest corner where the
original pump-out location was. I can submit this showing that.
In the northeast corner. In the parking lot. So instead of the
mounted unit, it would be a mobile unit. The holding tanks
themselves would be underground in that location. I think it's
on page five.
TRUSTEE KRUPSKI: Then there was some discussion on the size of
the holding tank.
MS. POYER: We can increase that to whatever the Board feels
should be necessary. The size is 1,000 gallons, 1,200 gallons.
TRUSTEE KRUPSKI I mean obviously, I think just based off the
size of the boats that are going to be in there, the larger the
size, the more appropriate. Then definitely with the mobile
unit, we would want to see it over 100 gallons. Just based off
the approximate size of the discussion of the vessels that would
be in there.
MS. POYER: Okay.
TRUSTEE KRUPSKI: What did you say, 115 --
MS. POYER: 115 gallons is the cart size that we found with an
Edson pump. I can provide the cut sheets for that information.
Do you need new plans?
TRUSTEE KRUPSKI: We are just discussing that now.
Do you know the next size up from a 1,000-gallon holding
tank?
MS. POYER: I believe most are made to fit. We may have to go
with two tanks if that's okay with the Board,just dealing with
Board of Trustees 18 November 13, 2019
the area we are working with, as far as potential depth to
ground water as well. But if the Board is okay with two tanks,
that would combined equal obviously one larger volume would do
that as well.
TRUSTEE DOMINO: I'm confused about what volume you are talking
about. Even if you use two tanks.
MS. POYER: We could do two 750-gallon tanks. That's 1,500
gallons total.
TRUSTEE KRUPSKI: 15 is about the number that I was thinking.
TRUSTEE GOLDSMITH: That's good.
TRUSTEE KRUPSKI: Okay, is there anybody else here wishing to
speak regarding this application, or any further comments from
the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve this application as
submitted with the stipulation of a 115-gallon mobile unit for
the pump out, and at least 1,500 gallons storage tank for said
pump out.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES)
MS. POYER: Thank you.
TRUSTEE WILLIAMS: Number two, Suffolk Environmental Consulting
on behalf of ORIENT WHARF CO. INC., c/o GARY PARKER requests a
Wetland Permit and a Coastal Erosion Permit to dredge
approximately 2,150 cubic yards of bottom land from the area
surrounding the Orient Yacht Club, in order to maintain the safe
navigability of the harbor, and in turn maintain the viability of the marina.
Located: 2110 Village Lane, Orient. SCTM# 1000-24-2-28.1
The Trustees visited the site most recently on 11/6/2019.
The project seemed to be straightforward. We had questions as to
where the dredge spoils were going.
The LWRP coordinator found this project to be consistent,
noting, one, the dredging methodology is identified, the
turbidity controls are employed during the dredging operations
pursuant to Chapter 275. And three, acceptable upland dredge
spoil disposal site is secured and identified. Four, the impacts
of truck traffic transporting material on the quality of life of
residents are considered. Five, timing the dredge operations are
considered to protect the quality of life of residents.
The Conservation Advisory Council did review this
application and they support the application with dredging, no
more than six feet below mean low water, and the upland disposal
site for the dredge material is identified.
Is there anybody here that wishes to speak to this application?
MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting
Board of Trustees 19 November 13, 2019
for the applicant. I'll do it in reverse order.
This is a project that has been previously approved by this
Board, and we would want to maintain the levels that the
specifications provided in the plan, which would be no more than
six feet below mean low water.
This was approved before with a ten-year maintenance, and
we would want to do that.
The spoils are trucked offsite and they simply go to an
approved site. We don't normally specify exactly what approved
site will be, because they are in flux, and it's something that
the contractor generally deals with. It's not something that we
pre-plan. So I really don't have an answer for you on that.
As far as deployment of silt booms, that's perfectly
acceptable and that's normal practice.
The way this was done was to use clamshell buckets and load
it into 30-yard containers and trucked offsite. The container of
that was usually a barrier on the end of the trucks to control
the material, silt, from reentering waterway.
So it is a project this Board is familiar with. It is
needed. It's obviously supported by the community. It's an
important facility for that community. So our hope is to, we
have a dredging window that is closing on January 15th. So this
is work that would be done in the near future. And if
reasonable, we can alert you as to the project commencement
completion if that's helpful. We do want to maintain this over a
ten-year period of time.
I'm here to answer any questions you may have.
TRUSTEE WILLIAMS- Thank you. Is there anybody else here wishing
to speak to the application?
MR. FROST. Yes. My name is Tim Frost. I'm a 35-year resident of
Orient. I'm an adjacent landowner. There are just several things
I think it's important to recognize here. One, I'm grateful that
as an adjacent landowner, I did receive a copy of the submission
and the material from Suffolk Environmental. This is a project,
though, that has a history that I think a number of you are
familiar with.
There are specific requirements under which the DEC has
allowed in the past the wharf company to dredge in this area. At
times those have not been met. Two years ago there was a
significant fine leveled against the Orient Wharf Company. I
believe I met with Mr. Domino about that. And even though the
Trustees did not find any violations, the DEC did. And those
violations consisted of operating significantly beyond what was
the coastal erosion zone area that was allowed in the DEC
permit. And also operating within that tidal vegetated area.
There are very, very specific requirements that the DEC
has. In fact the permit that they have issued, which is a
five-year permit that was renewed to 2023, specifically allows
and requires that the dredge material go through a de-watering
process onsite prior to being trucked off.
As an adjacent landowner, I would just like to point out
Board of Trustees 20 November 13, 2019
this is not an insignificant permit that is being asked for. To
give some idea what 2,150 cubic yards is, this is roughly a
40'x40' room. But 2,150 yards is a block of material that is
40-feet long, 40-feet wide and 40-feet high. So it would fill
this room four times. So I think there is a significant interest
that the Trustees should have and the local residents in terms
of how this material is going to be disposed.
In the violation that was issued in 2017, there was no
approved upland facility to which the material was taken. So I
would just ask that the Trustees consider that we really would
be, it would be in their interest, the interest of the Town, the
interest of the DEC, and frankly in the interest of the yacht
club, who is the ultimate user of this facility, that
consideration be given to, one, how this dredging project is
going to be done. And in recent conversations with members of,
with the commodore of the yacht club, apparently it is not known
even how it will be done yet. And also who is going to do it.
So if we make sure that who is going to do it does it in strict
compliance, not only with any permit that is issued by the
Trustees but also in full conformance and meeting the
requirements of the existing DEC permit. Especially in view of
the fact that this is an applicant that has been cited in the
past for violations. Thank you.
TRUSTEE WILLIAMS. Is there anybody else here that wishes to
speak to this application?
(Negative response).
Questions or comments from the Board?
TRUSTEE KRUPSKI: Do we know how the project is going to be
dredged?
MR. ANDERSON: With a clamshell bucket. And you don't dredge
2,100 cubic yards all at once. Before it leaves the site, it
dewaters on the site, as I explained to Barry in the back, and
there is a container for that.
As to violations, I am not aware of any DEC violations nor
is it the purview of this Board. And we still have a DEC permit
that is still in effect. That permit will require notice of
commencements and completions, which the contractor is obligated
to provide to DEC
So it is my position that the protections are already in place.
MR. MORRISON: My name is Keith Scott Morrison, I am the
Commodore of Orient Yacht Club.
Two points: We did receive the extension from the DEC on
this permit after the violation. And we have every intention of
following the parameters of the DEC permit going forward.
TRUSTEE KRUPSKI: Just to be clear, obviously any contractor
doing the work would have to have a coastal contractor license
in Southold Town.
MR. MORRISON: Absolutely We'll conform with every request.
MR. FROST: Just one final point. I would ask the Trustees to
perhaps look at the permit that it specifically allows and it
specifies dewatering onsite, removal offsite; things such as a
Board of Trustees 21 November 13, 2019
turbidity curtain and there being clear lines of how far it
needs to be from the coastal erosion line, the coastal erosion
zone and those vegetated wetlands. None of which is on the
proposal or the map that I received as an adjacent landowner.
I recognize that the yacht club and the wharf company have
a very short window, until January 15th, in which they can
complete this project. I would suggest that it would be prudent
for all involved to get all their ducks in a row to determine,
one, who is going to do the work and specifically how it's going
to be done. Because there is no reference in the existing permit
which is Keith Scott Morrison referenced, has been removed, to
anything other than dredging onsite, putting into a fairly
elaborate de-watering facility onsite, trucking to an approved
upland site.
So, you know, when I hear that we really don't know how
this is going to be done, whether it's going to be dredged from
a barge or trucked offsite, given what has happened in the past
and the fact that there have been violations and a consent
order, which I can make available for you, which I would hope
would be in the file, I would ask there be a degree of prudence
and due diligence moving forward so the applicant can get all
its ducks in a row, come back to the December meeting, get the
approval and move forward.
TRUSTEE GOLDSMITH: Just as a point of clarification, we have a
hydrographic map received in the office October 23rd, 2019, by
Robert Fox that depicts the dredge area.
TRUSTEE WILLIAMS: And we have a depiction of where the
de-watering site is as well. It's very clearly defined.
Is there anybody else here wishing to speak to this application?
(Negative response).
Any further questions or comments from the Board?
(Negative response).
I make a motion to close the public hearing.
TRUSTEE GOLDSMITH: Second
TRUSTEE DOMINO: All in favor?
(ALL AYES)
TRUSTEE WILLIAMS: I make a motion to approve the application as
submitted with the stipulation of a turbidity control, commonly
known as a silt boom, and also,that the other stipulation that
a Southold Town coastal contractor is used onsite.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. ANDERSON: Thank you, very much.
TRUSTEE DOMINO: Number three, En-Consultants on behalf of
ALEXANDER PERROS requests an Amendment to Wetland Permit#9476
and Coastal Erosion Permit#9476C for the elimination of the
proposed easterly 10' revetment return; installation of
approximately 93 (instead of 80) linear feet of stone revetment;
and placement of approximately 324 (instead of 321) cubic yards
Board of Trustees 22 November 13, 2019
of sand re-nourishment to be vegetated with native plantings,
including approximately 58 (instead of 55) cubic yards of clean
sand to be trucked in from an approved upland source.
Located: 19215 Soundview Avenue, Southold. SCTM# 1000-51-1-18
The Trustees most recent field inspection at the site was
on November 6th. Present were Trustees Domino, Goldsmith,
Krupski and Williams. The project notes indicate the project
seemed straightforward. Questioned the rationale for the change.
And some questions about the non-turf buffer.
Also we received Jeff Butler engineering plans dated March
13th, 2019, stamped received October 7th, 2019, which depict a
ten-foot non-turf buffer.
The LWRP coordinator found this project to be consistent.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here that wishes to speak to this application?
MR. HERRMANN- Yes. Rob Herrmann, En-Consultants, on behalf of
the applicant.
This is a project that was the subject of both wetland and
coastal erosion management permits issued by this Board back in
June, 9476 and 9476(c). The only difference between the modified
plan that you are looking at and what was approved by the Board
in June relates to a request by the neighbor to the east, Stuart
Thorne.
As part of the original application there was a proposal or
I should say part of the proposal was to remove the existing
stairway which you can see from the survey and site plan
actually crosses over the property line and on to the Thorne
property. And there is a fairly simple proposal, the stairway
was proposed to be removed entirely and remove from the
neighbor's property, then reconstructed entirely on the
applicant's property.
As the neighbor started to look at this a little bit more
closely, as did we, after the time the permits were issued, it
was brought to our attention the fact that the lowest platform
of the stairway actually contains sort of a pile of concrete
rubble and other debris underneath it. That's the platform you
have there up in the photo. So Mr. Thorne was concerned about
the fact that once all that stairway, platform and debris was
removed and a revetment with an angled return was installed on
the Perros property, it would create this 10 or 12-foot void on
the Thorne property that would no longer have that material that
is under that deck protecting it. So long story short, after
some conversations between the applicant and Mr. Thorne it was
agreed that this plan would be modified to eliminate the return
and instead extend the shore parallel face of the revetment
right to the easterly property line that is shared with the
Thorne lot, and then under separate application, which I think
we had hoped would be before the Board this month but was not
submitted yet, is an application on Mr. Thorne's behalf by
Costello Marine that would show the installation really of an
Board of Trustees 23 November 13, 2019
effectively continuation of this revetment over to the existing
Thorne bulkhead return so that gap would not be left between the
two shoreline structures.
Given that we are removing this material from the Thorne
property and the fact that this modification is really
conditioned upon the fact that Thorne is also having this
application submitted on his behalf, Jane Costello helped us
obtain a letter that I think she submitted to Liz in the past
day or two from Mr. Thorne indicating that he is aware of the
project, that he gives his authorization for the stairway and
the rubble to be removed from his property, and that he is going
to be submitting for Board's approval to install the stone to
shore up that area, and that his permission is being granted in
conjunction with an agreement between him and my client
outlining the details of their cooperative effort, financial
responsibility, et cetera
So as it relates to the Perros project, the only change is
the removal of that angled return and extension the revetment to
the property line where it would then meet the stone that would
be hopefully authorized by the Board subsequently for Mr. Thorne.
A little complicated, but the idea is simple.
TRUSTEE DOMINO: Let the record reflect that the folder includes
a letter dated November 8th from Mr. Thorne. A letter dated
November 8th directed to the Trustees from Stuart Thorne. I
won't read the entire letter but it gives his permission to
grant in conjunction with the agreement between Mr. Perros and
the outlined details of the cooperate effort for this
construction and associated activities as described by Mr. Herrmann.
Is there anyone else here who wishes to speak to this application?
(Negative response).
Questions or comments from the Board?
TRUSTEE KRUPSKI: Yes. Could you just clarify for me, is there a
ten-foot non-turf on this?
MR. HERRMANN: There is. If you look at sheet one that is there,
Nick, on the main, this is the revised plan that is last dated
August 22nd, which I think is the same plan that Mike referenced
at the outset of the hearing, in the middle site plan there is a
proposed ten-foot non-turf buffer that is shown on this site
plan view.
I did get from Butler Engineering updated plans that also
show the ten-foot buffer on the sectional views, if you want
that. Otherwise I can put them back in my folder and you can go
by this.
TRUSTEE KRUPSKI: Right.
MR. HERRMANN: Would you like those?They did not change the
date. The plans are identical. Except I think she highlighted
the ten-foot buffer. And I can just show you, for the record.
So here is the ten-foot buffer
TRUSTEE DOMINO: It's the same, I saw that before.
MR. HERRMANN- It's identical. So the difference is here, in the
sectional view, it's been noted here Now it's on an additional
Board of Trustees 24 November 13, 2019
sheet. So you can effectively check the map plans you have and
replace them with these. They are otherwise identical. I have
three sets. It makes that a little clearer.
TRUSTEE DOMINO: Anyone else wish to speak to this application?
(Negative response).
Additional questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I make a motion to approve this application noting there is a
ten-foot non-turf buffer depicted on the plans.
TRUSTEE GOLDSMITH. Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number four, AMP Architecture on behalf of
BRION LEWIS & LESLIE SWITCH requests a Wetland Permit and a
Coastal Erosion Permit for a revision to existing wood deck at
top of bluff; portion to remain, 199 square feet seaward; wood
landing to remain, 98 square feet seaward.
Located: 62615 County Road 48, Greenport. SCTM# 1000-40-1-8
The LWRP found this to be inconsistent. The inconsistency,
DAS indicates the deck is built on and over the bluff. All
development is prohibited on the bluff other than walkways and
stairways pursuant to Chapter 111. Decks are not permissible.
And also the deck structures were constructed without obtaining
a wetlands permit and coastal erosion permit.
The Conservation Advisory Council resolved to support this
application.
The Trustees conducted an inhouse inspection most recently
on November 6th, noting that we have not received any new plans
and that the deck still exceeds the 200-square feet.
Is there anyone here who wishes to speak regarding this
application?
MR. PORTELLO: Good evening, my name is Anthony Portello, AMP
Architecture, the architect representing our client, Mr. Lewis.
So we did provide a drawing based on what I thought were
recommendations from the Board during that site meeting, which
was to allow us the 200-square foot deck, and under a 200-square
foot deck, and under 100-square foot landing. I think that maybe
the interpretation was incorrect by me, but that's something
that can be adjusted. Those plans were provided prior to us
receiving some letters from professionals that examined the
bluff and the deck.
The first professional that came out was asked by the
Zoning Board of Appeals, Southold Zoning Board, Cory Humphrey,
we provided these reports to the Board. I don't know if you guys
had a chance to review them. One of the points that I think is
very important, and Mr Humphreys' report is on page two, and
Board of Trustees 25 November 13, 2019
that's the last paragraph. And I'll just read it because I think
it kind of explains the situation. He said with respect to the
nonconforming deck that sits atop of the bluff with a zero foot
setback, it is my opinion that any modification to the deck
size, shape or orientation may create a series of negative
impacts to the existing bluff. Although the as-built deck does
not follow local building codes, modification to the deck for
the purpose of conforming to building codes may not be
recommended. The existing deck and structural footings appear to
be in good condition and currently do not pose additional risks
to the overall health of the bluff. The modifications or removal
of this structure that will expose unvegetated areas of the
bluff that will likely result in significant erosion of the
soils onsite. Often times when a bluff has exposed soils such as
would be the case of the deck in question were to be removed,
erosion will cause the soils to erode. This erosion not only
damages the bluff as the exposed areas but may also damage the
well-established vegetation currently stabilizing the rest of
the bluff. Planting new perennial vegetation on a bluff face can
often take several years to establish before adequately
stabilizing the soils on the bluff
So I thought that was a pretty big statement by him,
basically saying that maybe we should consider not removing the
deck due to negative impacts that it could cause. My client
hired Mrs. Bowen to also give her insight on the deck and what
she thought would happen if we were to remove portions of the
deck. And basically she concurred. You know, some of the things
she says, removing these footing could potentially result in
major shifting process offsetting the internal sediment
composition of the bluff. Any construction work to remove the
deck and footing would damage the current vegetation including
water runoff and risk of erosion. She observed through Google
Earth that the deck has been existing since 1994, since that's
the furthest back she could go, and basically said it's been a
stable structure and it withheld during major storms, Superstorm
Sandy being one of them. So she thinks that deck is stabilizing
the bluff and removal may cause major damage.
Just one other thing I found in the code was 111.14(5),
prohibited activities of the bluff. Soil disturbance that
directs surface water over a bluff area, the code is basically
saying that is something that should to be prohibited. And I
believe that by reversing the actions of what was legally done,
which everyone obviously agree to that, would cause these
problems, according to these experts.
From my opinion, too, the deck is stable structurally,
there is no problems with it. Um, so I mean, this is something I
think the Board should consider before asking us to cut down the
deck. Obviously my client was willing to do that based on the
plans I provided. But I think there is a bigger issue here.
TRUSTEE GOLDSMITH- Okay, thank you.
Is there anyone else here wishing to speak regarding this
Board of Trustees 26 November 13, 2019
application?
(Negative response).
Any other questions or comments from the Board?
TRUSTEE DOMINO: I would like to note that under Chapter
275.11(a)(6)(b), clearly states that platforms may not exceed
200-square feet and must be landward of the top of the bluff.
TRUSTEE GOLDSMITH: Also the letter that you read states that
this does not comply with Building and Zoning codes, and there
is also another sentence in that letter from Kathleen Falon that
says: Typically large structures on top of bluffs add
substantial weight and increase of bluff sloughing and erosion.
So you left that sentence out of it.
MR. PORTELLO: I apologize.
TRUSTEE GOLDSMITH: Are there any other questions or comments
from the Board?
MR. PORTELLO: Can I just say, obviously the map showing from
1994, my client was not the one that installed that deck. That
was done prior. I just want to make sure that is on record. He
bought the house three years ago. So he's willing to comply. I
just think we need consider some of these things they are
putting on paper and how long this deck has been there, and what
the results could be.
TRUSTEE GOLDSMITH: Thank you. Is there anybody else here wishing
to speak regarding this application?
(Negative response).
Hearing no further comments, I'll make a motion to close the hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH. I make a motion to deny the Wetland and
Coastal Erosion permit without prejudice.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
WETLAND PERMITS:
TRUSTEE KRUPSKI: Under Wetland Permits, number one,
En-Consultants on behalf of LOIS J. & NICHOLAS M. CAMARANO
requests a Wetland Permit for the existing 1,447 sq. ft. one-story,
single-family dwelling and to construct an 861 sq. ft. one-story addition
with 5'-8' wide basement entry stairs and a 57 sq. ft. one-story front entry
addition accessed by 5.2'x11' covered steps and 5.2'x6.9' uncovered steps;
remove an approximately 1,200 sq. ft. portion of existing driveway and
install new pervious gravel driveway located partially in Chapter 275
jurisdiction; and install a drainage system of leaders, gutters and drywells to
contain roof runoff.
Located: 335 South Drive, Mattituck. SCTM# 1000-106-11-19
The'LWRP coordinator found this to be consistent and
recommended upgraded sanitary IA system.
And the Conservation Advisory Council supports this
Board of Trustees 27 November 13, 2019
application with the condition that the drainpipe leading to the
creek is removed, and gutters to leaders to drywells, both of
which are in fact met on plans.
The Trustees most recently visited the property on the 6th
of November, noted needs to review the storm water in depth at
workstation and the same concerns over the property to the north
getting flooded out, which was echoing the field notes from
September 11th where we needed to address the draining issues.
Since that date I have a letter from the Town Office of the
Engineer, from James A. Richter, stating as per request from
your office I reviewed the site plan prepared by the Office of
Joseph Fischetti, dated 10/30/19. Since these drawings are
submitted directly to my office I have enclosed two copies for
your review. The drainage meets the minimum requirements of
Chapter 236, the storm water management. The cumulative area of
disturbance has been indicated as 25,000-square feet, and
therefore the project does not require DEC SPDES permit.
Adequate storm water controls have been indicated and should be
installed first before any other work is started. If you have
any questions concerning this matter, please contact my office.
I also have a letter in here sort of echoing the town
engineer's comments stating that the storm water management plan
has been approved from Joseph Fischetti. And then just to echo,
the Trustees' main concern with this project is runoff which was
going to the north onto the neighboring property and then into
the creek. Those concerns were addressed for the most part by
the Town engineer's report in new plans dated November 4th.
Is there anyone here that wishes to speak regarding this
application?
MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of
the applicants. So the original application proposal is for a
relatively straightforward proposed one-story edition on the
landward side of the house. There is an existing sanitary
system and it has been certified by Joseph Fischetti, licensed
PE as having sufficient capacity for the proposed renovation.
The Board's concern when we met at field inspections a
couple of months ago now, as Nick mentioned, related to some
concerns that had been expressed at the same field inspection by
the neighbor to the north. And as I recall, Mike Domino had
been pointing out the fact that there was this existing trough
that seemed to sort of funnel runoff water down toward the north
and east side of the property where it would then flow freely
town and cause some bank side erosion and also create some
potential runoff on to the neighboring property to the north and
into the creek.
The Board had asked if we could address that and made a
suggestion about some sort of potential retaining wall along
that area, and in response to that Joe Fischetti was further
retained to provide a storm water control plan, where he
proposes is actually to remove that existing trough and to
install both low masonry and higher/vinyl retaining walls that
Board of Trustees 28 November 13, 2019
are now shown on the site plan and on Mr. Fischetti's storm
water plan, to effectively raise the grade in that area, change
the contours behind it, and direct all that water into the
drainage system that is now sort of central to the teardrop
shaped driveway.
Joe prepared a separate storm water plan which Nick just
alluded to was reviewed and okayed by Jamie Richter, and the
structures and grading associated with that storm water plan
were added to the site plan by Nathan Corwin last revised
November 1 st. Your office should have both of those plans.
So with the hope that the storm water design plan and
updated site plan satisfactorily addressed the Board's concerns,
we would look for your approval of the project based on these
revised plans.
TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak
regarding this application?
(Negative response).
Or any comments from the Board?
(Negative response).
TRUSTEE KRUPSKI: I think just from my stance there was
definitely some concern that basically the entire neighboring
property and even the neighbor next to him was probably existing
through that trough and running down into the creek. And I
think the new plan addresses that.
So, hearing no further comments, I make a motion to close
this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I make a motion to approve this application based off the new
plans dated November 4th, 2019, as well as storm water design
plan and the Town Engineer report submitted by Jamie Richter.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. HERRMANN: The plan date is November 1st. Is it possible they
were stamped received November 4th?
TRUSTEE KRUPSKI: Yes, I'm sorry, they are stamped and received.
MR. HERRMANN: And they are one and the same.
TRUSTEE KRUPSKI: Yes.
MR. HERRMANN: Thank you.
TRUSTEE WILLIAMS: Number two, Michael Kimack on behalf of
SANTOSHA AFTER 50, LLC requests a Wetland Permit to remove
approximately 111 sq. ft. of existing deck in order to construct a
proposed 111 sq. ft. mudroom to connect the existing 464 sq. ft.
cottage to the as-built as-built 5'x4.3' deck with enclosed
outdoor shower, 5.9'x14.1' (83.2 sq. ft.) shed with washer/dryer
and toilet room; as-built 10.5'x5' (62 sq. ft.) deck on seaward
side of cottage; and existing landward shed to be removed and
not replaced.
Board of Trustees 29 November 13, 2019
Located: 56155 Route 48, Greenport. SCTM# 1000-44-1-21
The Trustees visited this site on November 6th, with Mike
Domino, Glen Goldsmith, Nick Krupski and Greg Williams present,
with notes to check the permit history of decks, shower cottage
and the terracing in the wetland area.
The LWRP coordinator found this action to be inconsistent,
noting that a wetland permit was not located within Town records
for the existing as-built structures. Concern that the sanitary
system was inadequate was raised when the application was under
review by the ZBA, with the ZBA requesting additional
information from the applicant and upon inspection of the system
by Coastline Test Hole Service, it was determined to be an old
pre-cast with a 900-gallon septic tank and a leaching pool 8'x6'
deep. It is believed that the system is in working condition.
No further recommendations made at this time.
It is recommended that the Board clarify where the outdoor
shower and washing machine drain to.
The Conservation Advisory Council did review this
application. They support the application with the
recommendation of innovative alternative septic system and the
installation of gutters to leaders to drywells. Is there anybody
here that wishes to speak to this application?
MR. KIMACK: Michael Kimack on behalf of the applicant. It is and
has been for a number of years with a seasonal cottage, and they
have added an existing shower stall on that one side, but it had
been separated and it had not been connected. And when they
went to do the building permit, they unfortunately started a
little prematurely and got a violation on it. But the
requirement was they had to connect the two together in order to
get a C of O on it for the building permit. So that is why that
111-square feet connects that at one time detached shower stall
area had been choked back to the main house. There were two
existing decks. The outdoor shower, I know that the washing
machine connects back with the bathroom connects back to the
septic system. You have a new plan showing the septic system. It
had been dug by the road. I was there while it was being dug up and
it had been so, it stated it was in excellent condition. It was sort
of like that back on March 4th. There really is, I guess you can
call it one bedroom, but it's a 900-gallon existing tank and it
has an 8'x6' diameter drywell. So in many respects it's more
than adequate to take care of that seasonal usage that is there.
And that was so noted within the zoning applications.
As far as the not having received a Trustee permit, I'm not
quite sure if that was relevant to this because this was an
older building and they were asking, we did ask for as-built
status for the existing shower stall through zoning in that
particular case. They had at one time received a permit to put
in the revetment wall that was there. And apparently it's
working and in fairly good condition. And the plantings, as far
as the, there isn't any bluff there, but as far as seaward of
the cottage, it's in relatively good condition. The growth and
Board of Trustees 30 November 13, 2019
the stone wall revetment.
TRUSTEE WILLIAMS: On the site visit, it's seaward more toward
the east. You know, there is some terracing that goes down,
looks like long steps. Those there. Relatively new construction.
It was, you know, it just seems there is a lot going on there.
And then also our questions would be the outdoor shower, does
that have drainage tied into the --
MR. KIMACK: On the outdoor shower, I know that the washer and
dryer in the bathroom is connected to the septic system. I can't
give you a definitive answer on the outdoor shower. I would
imagine like most outdoor showers it most likely goes out into
sand. It's clean water. Or gray water.
They had received a Trustee permit for the front work,
primarily, as a suggestion that that walkway was not part of the
original permit, of the stairs going down?
TRUSTEE KRUPSKI: I don't believe so.
TRUSTEE WILLIAMS- There is a white-painted deck and some sort of
steps and ramp going down. As you can see, looking to the right
of it, there is some --
MR. KIMACK: May I suggest if that is the case that would require
an amendment to that Trustees permit. As an as-built situation.
Which should not directly affect what is before you tonight
TRUSTEE KRUPSKI: I think we need to see everything on the site
plan, right?At the very least?
MR. KIMACK: You would like to be able to see the rest of the
stairs on the site plan?
TRUSTEE KRUPSKI: Yes. I think, as Trustee Williams pointed out,
the survey doesn't have a lot of information at all on it.
Granted, it's from 2017 and maybe those things didn't exist at
the time. I'm not sure. The site plan kind of cleans that up
quite a bit with the two different existing decks. I guess
three, technically. But it doesn't have the attached, you know,
little patio area or the steps to the beach. I think there
should be a record of what is there for this application's sake.
It is all attached to each other.
MR. KIMACK: If that's the case, and I have been through this
before with you guys, so I know what coming. In essence I think
what you are suggesting is perhaps we table this and come back
to you with a site plan that includes that walkway and the set
of stairs going down.
TRUSTEE DOMINO: The code, 275-11(a)(10) reads: Access path,
permit for only one path shall be granted per lot. The purpose
is shoreline access, unless otherwise determined by the Board.
It would probably be helpful if you show one because we were
concerned that the one furthest to the east was newly
constructed.
MR. KIMACK: That's the one right there.
TRUSTEE DOMINO: Yes, that one. There is an older one to the
west. That is constructed with CCA.
MR. KIMACK: Okay. The one to the west you may have noted there
is quite a bit of erosion between those two properties, and as I
Board of Trustees 31 November 13, 2019
understand it from the homeowners the last time, the next door
neighbor to the west is applying for a coastal erosion plan to
be able to stabilize his own revetment and close that area off.
Because it's beginning to erode both properties with that gully
that is there. I didn't see a way down there to the beach.
TRUSTEE DOMINO: There was one painted white not that far west of
the one see in this photograph
TRUSTEE WILLIAMS: They are right next to each other. My concern
is that any structure should be on the survey. And the survey is
not showing those structures.
MR. KIMACK: It is not. I agree.
TRUSTEE WILLIAMS: So in the interest of getting everything
permitted and making sure it's in compliance, I would like to
see a complete picture.
MR. KIMACK: I'll also go back to the site. I have not focused
on, I'm pretty sure that's all the way down. But if there is
another place that is there, for whatever reason, just indicate
this is to be revegetated. This is the only way down as far as I know.
TRUSTEE KRUPSKI: There's two in this picture. So I'm guessing
they were having erosion control issues, possibly from the
outdoor shower, possibly not. So the original way down is
through that little white sitting area, and it's a wooden
walkway down to the beach. And then next to that they built a
gravel and bluestone set of steps with CCA surround.
MR. KIMACK: We'll note it on there, basically. And as Mike
indicated with the code, you are only allowed one. So we'll
remove one, in fact if that's the case. It's quite possible
they put one in because the other one had not been functional at
that particular point. So we'll update the site plan and present
it at the next meeting.
TRUSTEE KRUPSKI: Thank you.
MR. KIMACK: Were there any other questions about anything else,
the house itself, the decks and septic system?
TRUSTEE WILLIAMS: Just again, the septic it's noted that it's
been inspected, but it should be on the survey.
MR. KIMACK: It is. We updated that. It's on the survey and it
was there on the site plan With details. As well as the new
dry -- and there are gutters and leaders going in, as required.
There is a drywell also placed there, Greg.
TRUSTEE WILLIAMS. Okay. Because I'm seeing a different, well --
TRUSTEE KRUPSKI: It's on the site plan.
MR. KIMACK: YES. This is the one that we had, basically.
TRUSTEE WILLIAMS: I'm just asking for point of clarification,
should this be updated or go by the site plan?
MR. KIMACK: It's traditional that the architect would take the
survey, basically, and put it on, and indicate where it came
from, as the site plan. It would be more expeditious to go back
and work with Mark and update it from that perspective with that
information on it. Everything else is on there. The Zoning Board
also requires gutters to leaders is one the requirements there
also So the outstanding thing would be just making sure that
Board of Trustees 32 November 13, 2019
particular site plan identifies and puts on there the
description or specifics of the walkway depicted.
TRUSTEE WILLIAMS: Any and all structures within our jurisdiction.
MR. KIMACK: Okay.
TRUSTEE DOMINO: To clarify one point that was mentioned before,
if you can give us some evidence that perhaps you might abandon
it the easternmost walkway, if you do, would address our
concerns that would not be a leaching field for the outdoor
shower or--
MR. KIMACK: I'll look into that to make sure we don't have an
issue.
TRUSTEE DOMINO: Thank you.
TRUSTEE WILLIAMS: I'll make a motion to table this application.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number three, Michael Kimack on behalf of
PATRICIA COSIMANO requests a Wetland Permit for the existing
two-story, 2,173.4 sq. ft. dwelling with attached 70 sq. ft. front
porch with steps to ground; remove existing seaward side open
deck and landing and construct a new 354.1 sq. ft covered porch
with landing and a 143.3 sq. ft. open deck for a total of
497.4 sq. ft. of new structure; and install a drywell for the
covered porch.
Located: 845 Watersedge Way, Southold. SCTM# 1000-88-5-63
The Trustees did a field inspection on November 6th, at
1:30 in the afternoon. Present were myself, Trustee Goldsmith,
Trustee Krupski and Trustee Williams. Field notes indicate that
the project is straightforward. And that runoff, gutters to
leaders to drywells on the plan. I would note that on September
30th we received plans Mark Schwartz plans, and on that plan
there is a drywell in the second and with a cross-section
capacity.
The LWRP coordinator found this project to consistent.
And the Conservation Advisory Council resolved to support it.
Is there anyone here who wishes to speak to this application?
MR. KIMACK: Michael Kimack on behalf of the applicant. I think
one of the questions raised at the site was whether it was a
window or stuff like that. It's an open porch, primarily. It's
a roofed-over porch. If you look at the cross sections you'll
see that's all it is. It's not heated, it's not screened in.
TRUSTEE DOMINO: Duly noted.
Is there anyone else here who wishes to speak to this
application?
(Negative response).
Questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this application.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
Board of Trustees 33 November 13, 2019
(ALL AYES).
I'll make a motion to approve the application as submitted,
noting the plans showed drywells of sufficient capacity.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Michael Kimack on behalf of MICHAEL McCARRICK
REAL ESTATE, INC. requests a Wetland Permit to construct a
12'x22' one-car garage with a 7.5' long by 6' wide breezeway
between the proposed garage and existing dwelling.
Located: 415 Lakeside Drive, Southold. SCTM# 1000-90-3-13
The LWRP found this to be consistent.
The CAC resolved to support this application.
The Trustees conducted a field inspection on November 6,
noting that the application seemed straightforward.
Is there anyone here who wishes to speak regarding this application?
MR. KIMACK: Michael Kimack on behalf of the applicant. It was a
long journey. We went twice before the Zoning Board. They
reduced it originally from a two-car to a one-car, and from
24/24 to 22/24 and the second application from 15/22 to 12/22.
It really is the minimum that we can. I will point out that I
think Nick's question to me was how high would it be. Nick,
it's 16-foot and Zoning basically indicated it can't be
increased in size. Also it cannot be heated or conditioned and
there can be no bathroom in there. And the back of it is even
with the rest of the house, is it still closer and, in many
respects further away from the wetland area, because of the
angle of the house coming away. And it does have the drywell
with gutters and leaders on it.
TRUSTEE GOLDSMITH: Anyone else here wishing to speak regarding
application?
(Negative response).
Questions or comments from the Board?
(Negative response).
Hearing none, I'll make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO. All in favor?
(All ayes)
TRUSTEE GOLDSMITH. I make a motion to approve the application as
submitted.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Michael Kimack on behalf of 5445 PECONIC BAY
HOMEOWNER, LLC requests a Wetland Permit to construct a private
driveway from Great Peconic Bay Boulevard to proposed private
residence; clearing for 12' wide by approximately 200' long
driveway; and to install an approximately 5,000 sq. ft. of water
line and power line within cleared areas.
Board of Trustees 34 November 13, 2019
Located: 5445 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-128-1-5
The property was originally reviewed by the Trustees in August
on the 6th. And most recently discussed at work session. I have
in the file here new plans received November 6th, 2019, which
show a slight variation of the proposed driveway, noting that it
is not near the drain pipe. And relatively not much more closer
to the wetlands.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here wishing to speak regarding this application?
MR. KIMACK: Michael Kimack on behalf of the applicant. And the
applicant is present in the audience.
I believe at our last meeting your request was that we
basically delineate also further how we were going to delineate
the wetland line, not no cross. And the proposal was to use
100-pound stones every ten feet to make sure that would be a
demarcation of the line.
We used them before. I mean the split-rail fences were
used, but we've used stones in the past. I chose the 100-foot
because 100-foot is a pretty good size. And as you can see on
the drawing, the surveyor basically walked him out along the
line there.
TRUSTEE KRUPSKI- Thank you. Is there anyone else who wishes to
speak regarding this application?
(Negative response).
Any further comment from the Board?
(Negative response).
Hearing no further comments, I make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I'll make a motion to approve this application
based off the plans received November 6th, 2019, depicting the
slight move of the driveway and very large non-disturbance
buffer.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. KIMACK: Thank you, very much.
TRUSTEE WILLIAMS: Number six, Samuels & Steelman Architects on
behalf of JONATHAN ZANG requests a Wetland Permit to demolish
existing dwelling; construct a two-story dwelling on piling
foundation, with footprint of 2,034 sq. ft.; construct garage with
swim spa on roof, with footprint of 443 sq. ft.; construct
sanitary system, enclosed by retaining walls per S.C.D.H.S.;
construct masonry front porch and stairs to grade of 113 sq. ft.;
construct masonry side terrace and stairs to grade of 301 sq. ft.;
construct two frame stairs to grade, each of 26 sq. ft.; construct
permeable stone on grade terrace of 84 sq. ft.; construct frame
Board of Trustees 35 November 13, 2019
deck on grade with fence enclosing outdoor shower, 23 sq. ft.;
construct frame deck on grade with fence enclosing outdoor
shower, 27 sq. ft.; construct permeable crushed stone driveway,
856 sq. ft.; provide leaders and gutters and subsurface leaching
pools for storm water runoff; provide a 24" wide French drain at
inside of bulkhead, full perimeter; provide 20' wide non-turf
buffer behind existing bulkhead; provide geothermal wells for
HVAC system on water side of residence; provide approximately
500 cubic yards of clean fill, including between property and
private road; provide new crushed stone at existing private
road; provide topsoil, lawn and landscape; provide underground
propane tank; and install public water.
Located: 370 Takaposha Road, Southold. SCTM# 1000-87-6-7
The Trustees visited this site on November 5th, 2019, with
Trustees Domino, Goldsmith, Krupski and Williams present.
Notes to, need to amend the description to strike the word
"private." Otherwise the plan seems straightforward.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
the application with the recommendation of an IA system, and the
beach stairs be retractable.
I just want to note in the description as it's written, it
does state that this is on a private road. We will be striking
the word "private"from the description moving forward.
Is there anybody here that wishes to speak to this application?
MR. SAMUELS: Yes. Tom Samuels on behalf of the applicant. The
system is installed, that is the sanitary system, and I gave to
Elizabeth the green stamp from the Health Department.
TRUSTEE WILLIAMS: Is there anybody else here that wishes to
speak to this application?
(Negative response).
Are there any questions or comments from the Trustees?
(Negative response).
I'll make a motion to close the public hearing
TRUSTEE KRUPSKI: Second
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I'll make a motion to approve the application
as written, noting we'll be striking the word "private"from the
description.
MR. HAGAN: Just to be clear, "private" to be struck before the
word "road" in the description?
TRUSTEE WILLIAMS. Yes
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: Motion made and seconded. All in favor?
(ALL AYES).
TRUSTEE DOMINO: We'll recess now for five minutes.
(After a short recess, these proceedings continue as follows).
TRUSTEE DOMINO: We are back on the record.
Board of Trustees 36 November 13, 2019
Number seven, Pei-Dau Liu, Architect on behalf of BLACK
ROCK HOLDINGS II, LLC requests a Wetland Permit for the existing
1,183 sq. ft. one-story dwelling and to demolish first floor
interior spaces and existing seaward side sunroom; construct a
12'x26' seaward side addition to dwelling in area of sunroom;
construct a new 4'x20' open porch with steps to ground on
landward side; construct a 4'x14' rear side deck with steps to
ground; for the existing 144.0 sq. ft. seaward side deck with
steps to ground; and construct a 776 sq. ft. second-story addition
with two exterior balconies (3'x26' and 3'x12').
Located: 445 Island View Lane, Greenport. SCTM# 1000-57-2-27
The Trustees most recent field inspection of this site was
November 6th. Again present were Trustees Domino, Goldsmith,
Krupski and Williams. Notes indicating needs a septic plan. The
Trustees re-staked the wetland line and located, the addition
seems to be usable, and need plans depicting a ten-foot non-turf
buffer.
I have before me plans from Pei-Dau Liu, architect, dated
11/4/2019, stamped received November 8th, 2019. That show the IA
system. And a ten-foot non-turf buffer.
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council resolved not to support
the application, but notes that their motion and vote was on
September 11th, before submission of these new plans. They did
not support it because there was the wetland boundary had not
been clearly defined. It is delineated on the plans.
Is there anyone here who wishes to speak regarding this
application?
MR. SCHUYSTER: Michael Schuyster, applicant. At last month's
Board meeting, the Board had requested three things. One with
the septic system noted, as you mentioned on the plans.
Secondly, the non-turf buffer. And then thirdly to stake out
the buildings that were beyond the existing. And that was done.
TRUSTEE DOMINO: We thank you for complying with that request.
Anyone else wish to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted and depicted on the plans drawn 11/4/2019. Stamped
received November 8th, 2019. They address all the previous
concerns.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. SCHUYSTER: Thank you.
Board of Trustees 37 November 13, 2019
TRUSTEE GOLDSMITH: Number nine, Jeffrey Patanjo on behalf of
ALAN CARDINALE requests a Wetland Permit to demolish existing
frame dwelling in its' entirety including all foundations,
footings, decks, patios, utility services, driveway, walkways,
etc. As required to remove all improvements on the property;
existing sanitary system to be abandoned in conformance with
SCDHS requirements; a proposed silt fence will be installed
surrounding the entire demolition area on the down-grade
elevation to prevent any possible run-off and/or erosion;
construct proposed bluff stairs consisting of a 4'x4' top
landing, 4'x29' steps, 6'x6' middle landing, 4'x26' steps,
10'x10' deck at top of bulkhead area; 4'x5' cantilevered
platform off bulkhead with 4'x8' steps to beach area; all
decking to be untreated timber material and all work on stairs
to be performed by hand methods.
Located: 6025 Nassau Point Road, Cutchogue. SCTM# 1000-111-13-7
The LWRP found this to be consistent.
The Conservation Advisory Council resolved to support the
application. The Conservation Advisory Council supports the
application with retractable stairs at the base.
The Trustees conducted a field inspection on November 6th,
noting the need to install a 15-foot non-turf buffer with the
new stairs.
Is there anyone here who wishes to speak regarding this
application.
MR. PATANJO: Jeff Patanjo, behalf of the applicant. We are in
agreeance and have no issues putting in a 15-foot wide non-turf
buffer on top of the steps.
TRUSTEE GOLDSMITH: And the bottom section of the stairs that go
down, could those be removable in case of a storm?
MR. PATANJO: Absolutely.
TRUSTEE GOLDSMITH- Anyone else here wishing to speak regarding
this application?
(Negative response)
Any other questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing
TRUSTEE KRUPSKI• Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Motion to approve this application with the
condition of a 15-foot non-turf buffer as well as the bottom
section of the steps to the beach be removable.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number ten, Jeffrey Patanjo on behalf of RENE
CARDINALE requests a Wetland Permit for the removal and
replacement of existing bluff stairs consisting of a new 3.5'x6'
top platform, 3.5'x56' steps, 4'x4' upper middle platform, 4'x4'
Board of Trustees 38 November 13, 2019
lower middle platform, 10'x10' deck at top of bulkhead, 4'x5'
cantilevered platform off bulkhead with 3.5'x5' steps to beach;
all decking to be untreated timber material and all work on
stairs to be performed by hand methods.
Located: 6125 Nassau Point Road, Cutchogue. SCTM# 1000-111-13-8
The Trustees most recently visited the site on the 6th of
November and noted the project looked okay, with the addition of
a 15-foot non-turf buffer.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
this application, recommending retractable stairs at the base.
Is there anyone here that wishes to speak regarding this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. We have
no problem with removable stairs at the base and 15-foot wide
non-turf buffer.
TRUSTEE KRUPSKI: Wonderful. Is there anyone else here wishing
to speak regarding this application?
(Negative response).
Any further comment from the Board?
(Negative response).
Hearing none, I make my motion to close this public hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve in application with
the stipulation of a 15-foot non-turf buffer and removable
stairs at the base.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number eleven, AM Architectural Designs, P C.
on behalf of FRANK DOKA requests a Wetland Permit for the
as-built 8'x38' basement extension under the 8'x38' first floor
covered deck and 8'x38' second floor balcony on the seaward side
of dwelling; and for the as-built two-story 35'x31' garage.
Located: 755 Lupton Point Road, Mattituck. SCTM# 1000-115-11-4.1
The Trustees visited the site on 11/6/2019, with Trustees
Domino, Goldsmith, Krupski and Williams present, with notes to
look up the permit history.
The LWRP coordinator found this to be inconsistent, noting
storm water controls and a vegetative non-turf buffer landward
of the wetland line, if approved, to further policy six.
The Conservation Advisory Council did review this
application and they resolved to support the application.
Is there anybody here that wishes to speak to this application?
MS. MANGELS: Angela Mangels, for the applicant. This property is
located on the north side of the Lupton Point Road with 44 feet
along Deep Hole Creek. The left side is irregular L-shaped, and
the existing dwelling is two stories. In the back of the house
there is constructed a rear deck which follows the length of the
Board of Trustees 39 November 13, 2019
house. It comes eight feet out and 38 feet across the back of
the house. The rear patio was originally constructed with
building permits. The owners would like to enclose the lower
portion under the deck in order to make this an enclosed base.
So that would provide basically a basement extension.
The deck at the first floor level would be a covered porch,
and the second floor deck would remain as is. The overall
height of the building is not going to change. The existing
footprint will not change as well. And all the vegetation
around it, except for, to be in compliance as you stated. And in
addition, the garage footprint will also be the same, however
there will be a second floor on that. And that will not alter
the existing vegetation or anything of the landscape.
The Doka's have always maintained the property and done
their best to maintain and keep everything in clean order there.
And they continue to do so going forward.
TRUSTEE WILLIAMS: Is there anybody else here that wishes to
speak to this application?
TRUSTEE KRUPSKI- Does this application also include a proposed
IA septic system?
MS. MANGELS: The owners, it was suggested by the Zoning Board,
and they are in willing to be compliant with that. So yes, they
are looking to obtain that type of approval as well from Suffolk
County Department of Health.
TRUSTEE WILLIAMS. Is there currently a buffer on the, from the
wetland line?
MS. MANGELS: I'm not sure. I'm sorry.
I believe the Zoning Board in their stipulation had requested
from January of 2019, a report, on the last page of their
report, it stated that it should have a 20-foot wide perpetual
landscape buffer landward of the tidal wetland line. And that
should be recorded in the Zoning Board decision #6711.
TRUSTEE WILLIAMS: So in the ZBA decision it is subject to a
20-foot wide perpetual landscape buffer landward of the tidal
wetland?
MS. MANGELS: Correct. The owners are willing to comply with the
request from the Zoning Board as well.
TRUSTEE WILLIAMS: In discussing the decision from the ZBA, has
some stipulations on there. We would like to see those
stipulations on the plans.
MS. MANGELS: Okay.
TRUSTEE WILLIAMS: So we'd be looking for new plans submitted --
MS. MANGELS: Okay. You are talking about the survey? Is that
what you are referring to?
TRUSTEE KRUPSKI: Sorry, say that again?
MS. MANGELS: For clarity I'm trying to find out if they are
looking for that on the survey.
TRUSTEE KRUPSKI: Yes. We would also like to see it on the site
plan, what I would call the site plan
MS. MANGELS: Okay.
TRUSTEE WILLIAMS: So any conditions of the ZBA need to be
Board of Trustees 40 November 13, 2019
reflected on updated plans And in addition we would like to see
the project description match the plans.
MS. MANGELS: I'm sorry, you want to see what?
TRUSTEE WILLIAMS- The project description to match the plans.
MS. MANGELS: Project description to match? I'm not sure what you
are saying.
TRUSTEE GOLDSMITH: The project description will have to have the
20-foot non-turf buffer. This also looks like a brick patio on
here that is not in the description, and potentially the new IA
septic system as well
TRUSTEE WILLIAMS: So an updated description showing those items.
MS. MANGELS: So you are saying like an amendment to the
application plan? I'm sorry, I'm not sure --
TRUSTEE KRUPSKI. Your description here that is listed, you can
take that description, put it in an e-mail, add the missing
items, and submit it to our office.
MS. MANGELS: Okay.
TRUSTEE KRUPSKI: With all the dimensions of everything.
MS. MANGELS. Okay. Got it.
TRUSTEE WILLIAMS- Any other questions?
(Negative response).
Would you like us to table this application so you can get us
the required items?
MS. MANGELS: Is it allowed to be approved as --
TRUSTEE WILLIAMS: Unfortunately, we cannot approve without
complete plans.
MS. MANGELS: Okay, we'll get that survey to you.
TRUSTEE WILLIAMS: Motion to table this application.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MS. MANGELS: Thank you.
TRUSTEE DOMINO: Number 12, Pat McIntyre on behalf of NEW SUFFOLK
WATERFRONT FUND requests a Wetland Permit to replace dilapidated
bulkhead on the South side (of the marina) of the New Suffolk
Waterfront property in order to continue to provide protection
which will consist of: Section J to K (14 78'); section K to L
(35.11'); section L to M (40.75'); section M to N (6); section
N to O (44'); section O to P (22'); section Q to R (70');
section R to S (153'); in order to repair section K to L, it is
necessary to remove the metal railings for boat launch and the
unstable/deteriorating concrete near the water; as a part of the
south revetment repairs, propose to raise the elevation of the
rock at the east side to protect the new bulkheading and boat
basin from south-easterly storms; and to reset approximately
five (5) pilings in the marina to better utilize the dock spaces.
Located: 650 First Street, New Suffolk. SCTM# 1000-117-8-18.1
The Trustees did a field inspection, most recent inspection
11/6/2019. Present were Trustees Domino, Goldsmith, Krupski and
Williams. The field notes have some questions. Note were
Board of Trustees 41 November 13, 2019
addressed during subsequent work session. Questions were is the
clean fill to be used; no turf; requested a planting plan
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council on November 6th resolved
to support this application.
Is there anyone here to speak to this application?
MR. LOWRY: Yes. Patty Lowry, chair of the New Suffolk Waterfront
Fund.
I'm here to support the waterfront's application to rebuild
the currently unusable south revetment on our property. The
proposed revetment will provide critical protection from the
extremely damaging storms that hit the waterfront from the
southeast. Not only will it protect our newly rebuilt marina and
upland areas, but it will also protect the surrounding Hamlet of
New Suffolk. Just as the bulkhead we built in 2014 has greatly
minimized flooding on First Street. Rebuilding the revetment
will also further our mission to ensure public access to
historic waterfront. The revetment which lies inside the New
York State Parks easement will restore the currently completely
unusable portion of our property to its historic footprint,
re-creating a one-of-a-kind spot for generations of both bikers,
boaters, picnickers, fishermen and dog walkers to enjoy the
magnificent Peconic Bay now and forever.
Also, protecting the marina from the proposed revetment
will also make the marina much more desirable for owners looking
for safe place to moor their boat. This will result in the
marina being more profitable for the waterfront, which as a
non-profit relies on those funds to pay our operating expenses,
such as insurance and property taxes, thereby helping us to
assure continued accessibility to this property
We appreciate having the time to be able to speak here and
if you have any questions on the construction, John Hoeffer of
Latham Sand and Gravel is here to answer questions
TRUSTEE DOMINO: Thank you, very much. Is there anyone else here
who wishes to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE GOLDSMITH: Second
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I make a motion to approve this application as submitted,
referencing plans stamped received November 8th, 2019.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES)
TRUSTEE GOLDSMITH: Number 13, Costello Marine Contracting Corp.
on behalf of GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC.
requests a Ten (10) Year Maintenance Permit to maintenance
Board of Trustees 42 November 13, 2019
dredge a 25'x1100' area to -4.0' below mean low water; the area
starts at the inlet to Spring Pond to the main channel leading
to the bridge; dredge a 50'x100' deposition basin to -8.0' below
mean low water; all spoils to be used as beach nourishment on
the west and east sides of inlet.
Located: Spring Pond, East Marion. SCTM# 1000-37-4-17
The Trustees conducted a field inspection on November 6th,
noting the project appears straightforward, and noting the
dredge spoil should not be deposited on any of the existing vegetation.
The LWRP found this project to be consistent, noting the
dredging methodology is identified; turbidity controls are
employed during dredge operations pursuant to Chapter 275; and
an acceptable upland dredge spoil disposal site is secured and
identified; the 100'x200' dredge spoil area will bury existing
vegetation; avoidance of existing vegetation is recommended.
The Conservation Advisory Council resolved to not support
the application. The Conservation Advisory Council does not
support the application and recommends the applicant revisit the
design of inlet protection system. The survey was not included
in the application and should be required. The Conservation
Advisory Council further recommends best management practices
and any future dredging of this area should be limited to no
more than six feet below mean low water. The Conservation
Advisory Council suggests the applicant contact Corner
Cooperative Extension for a list of recommended vegetation for
shoreline protection
Just a quick point of clarification here, the project
identifies four feet below mean low water, not six feet.
So is there anyone here who wishes to speak regarding this
application?
MR. COSTELLO: Yes. My name is John A. Costello and I am the
agent for the application to the Gardiners Bay Estates
homeowners association. And one of the reasons on this we are
going to try to at the end create a little deposition basin
which will be deeper, so that it will fill in, and it will fill
in constantly This has been dredged half a dozen times, and
the minimal vegetation that exists in the area, it comes back
and we spread it out over a larger area That's why it's
100'x200' area. So basically, the natural beach grass that is
there re-vegetates itself each time. Probably 50% or 40% of the
fill will be used on the western side where there is no
vegetation to speak of. They have several jetties and those
jetties we'll fill them to the high water mark. And it retains
the fill on that side much better than the east. As you can
see, it's going around the end of the jetty now. We have
extended that several times over the last 20 years, and it
still, that beach on the east side, and it comes around. That is
the reason to dredge deeper a hole at the end. A deposition
basin And it will fill in. Right away. I mean it slopes in by
itself in a few days. And even though it might be eight foot,
seven or eight foot, it will be six in a few days, and then
Board of Trustees 43 November 13, 2019
hopefully it will be dredged less frequently. That's all. It
does migrate into Spring Pond, as you see the past dredging
applications have gone in there, a dozen times. So we are trying
to minimize that. And the vegetation, the vegetation that is on
that beach, has been naturally comes right back, if you spread
it out over lower elevation. That's why it is 200'x100' feet
instead of something narrower.
The western side is several jetties that will accept almost
50% of the spoil area, so it doesn't go onto the vegetated east
side.
TRUSTEE GOLDSMITH: Anyone else here wishing to speak regarding
this application?
(Negative response).
Any other questions or comment from the Board?
(Negative response).
TRUSTEE KRUPSKI: Just one point. In the event that possibly the
grass area does not come back, that it might be prudent to have
Gardiners Bay Estates homeowners replant that area?
MR. COSTELLO: We'll revegetate it. We do revegetation of the
beach grasses and I'm certain it would come back in a year or
so. But in order to promote it faster, I'm sure they would
certainly. Because nobody wants blowing sand. You don't need,
storm sand is one thing, but blowing sand is quite fine. If you
made that a condition, certainly they would agree.
TRUSTEE GOLDSMITH: Any other questions or comments?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO- All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve in application
with the condition of a planting plan if any vegetation is
disturbed.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number 14, Cole Environmental Services on
behalf of SCOTT & TAMMY COLLETTI requests a Wetland Permit for
the in-place replacement of±86 linear feet of existing timber
bulkhead with new rock revetment, filter fabric, 6" bedding
stones, and 300-500 pound armor stones to be used for revetment;
proposed addition of a ±38'x10' wood deck against the landward
edge of east side of revetment; backfill with ±5 cubic yards of
clean sand from an upland source; proposed ±38'x10' non-turf
buffer to be installed and perpetually maintained along the
landward edge of proposed rock revetment; all wood to be
non-treated.
Located: 2140 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-4.1
The Trustees most recently visited this site on the 6th of
November, noted that this project appeared straightforward.
Board of Trustees 44 November 13, 2019
Especially with the addition of the ten-foot non-turf buffer the
full length of the revetment.
The LWRP coordinator found this to be inconsistent, noting
that there was no town records of existing as-built bulkhead
structure. That the oversized 380-square foot deck located
within the FEMA AE flood zone could be subject to loss from
storm events. In the event this action is approved, a 380-square
foot vegetated non-turf buffer is recommended to be installed
and perpetually maintained.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here who wishes to speak regarding this
application?
MR. COLE: Yes. Dennis Cole. Cole Environmental, for the
Colletti's
MR. COLE: As the Board knows, this originally was heard in May.
Subsequent to that, the contractors met with the Trustees at
work session, and the plan that is before you is a derivative of
that meeting, and I believe at this point we meet the criteria
of issuance. We have changed the plan from a bulkhead to a rock
revetment along the shoreline. And at this point if you have any
questions, I'm happy to answer them.
TRUSTEE KRUPSKI: Okay, I mean just one point, it appears on your
plans the part of the area is going to have a deck, which I'm
inclined to just ask that you use stainless steel hardware,
maybe Ticos, to tie down. It is certainly a good buffer area but
we don't want to see that lifted off. And then there is not a
direct line next to that, but am I assuming that the area of the
non-turf buffer will be a ten-foot area to continue the size of
the deck?
MR. COLE: Exactly.
TRUSTEE KRUPSKI: And then the little jog over to, I guess we'll
call it over on the west, northwest, that's also going to be a
non-turf area?
MR. COLE: The triangle area, yes
TRUSTEE KRUPSKI Okay And then, this is just a side note. This
property could certainly benefit from a mild revegetation in
front of the, I mean it would definitely help I don't know how
it disappeared. I mean it could have just been bouncing off the
wall that is there all the time. So the stones might help
remediate that. If the applicant is so inclined. I mean, this is
a recommendation, not a stipulation But it would benefit from
some plants back there, as you know.
MR. COLE: Absolutely. The client is certainly willing to do
that. Also the area where the pavement stones are coming out
will be revegetated as well.
TRUSTEE KRUPSKI: Okay. Is there anyone else here that wishes to
speak regarding this application?
(Negative response).
Any comments from the Board?
TRUSTEE DOMINO: I would like to say it took us a while to get
Board of Trustees 45 November 13, 2019
here, but this a pretty good product.
MR. COLE: Appreciate it.
TRUSTEE KRUPSKI: Hearing no further comments, I'll make a motion
to close the hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve this application
with the stipulation of stainless steel Ticos, furthermore
improving this application, between the stainless steel Ticos,
and the approval of this application will thereby bring the
project into consistency with the LWRP coordinator.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number 15, Nigel Robert Williamson on behalf
of GAIL JADOW & E&J INVESTMENT HOLDINGS, LLC requests a Wetland
Permit to construct a 35'11" x 22'4" two-story, three car garage
with accessory apartment above; install two (2) 8'0" diameter
drywells to contain roof runoff; and install an I/A OWTS septic
system for the new structure.
Located: 3655 Stillwater Avenue, Cutchogue. SCTM# 1000-136-2-11
The Trustees visited this site on August 6th, 2019, with
all Trustees present. We have some concerns with where the
structure is located within the 15-foot of wetlands, concerns
with the septic, concerns that the structure should be moved to
the other side of the property, as far away from wetland as
possible.
The LWRP coordinator reviewed this application and found
this to be inconsistent, noting the setback to the wetland is
not depicted accurately, a wetland system is located to the
north of the parcel on the adjacent property. 4.1, minimize
loss of human life and structures from flooding and erosion
hazards. The proposed garage with one bedroom over does not
require a location on the coast. The proposed garage is located
within the FEMA flood zone AE elevation six foot and X. Although
the application as indicated the first floor of the garage will
be built at elevation 8.2 and an IA-OWTS will be installed,
there is inability to relocate the garage to be outside of the
AE elevation zone.
The Conservation Advisory Council reviewed this application
and supports the application with the condition of setbacks of
the accessory structure are in compliance with Chapter 275
wetlands code, and gutters, leaders and drywells are to be
installed and contain all roof runoff. There are several letters
in the file from neighbors regarding this. We did have an open
hearing at a prior meeting where we noted that the, we had many
concerns with this application and we gave the applicant
adequate time to address those concerns. And at this point they
have not.
Board of Trustees 46 November 13, 2019
Is there anybody here that wishes to speak to this
application?
(UNIDENTIFIED VOICE). Not to it, but against it.
TRUSTEE WILLIAMS: Just for point of clarification, we have a
letter here from Gertrude Bell, a letter here from Benja
Schwartz, and a letter here from --
(UNIDENTIFIED VOICE): Me.
TRUSTEE WILLIAMS- Yes. And we have reviewed those letters. If
you have something in addition to those letters, you are welcome
to speak. If you are just going to reiterate the letters, we
have read the letters and --
MR. SCHWARTZ: You should have four letters, not three.
TRUSTEE WILLIAMS: We have several letters, yes.
MR. VALE: My name is Carl Vale I would like to ask if you read
my letter. And I only have to say that in some cases, are the
regulations that we have are kind of after, kind of a
replacement for zoning that we don't have. So previously when we
had Board of Health placing houses and homes according to where
your cesspools and that were, we had a de facto form of zoning
going on there. And in this case, this is a similar situation.
We should not be building so close to wetlands. And we should
not hesitate to enforce our regulations when they are in the
interest of your community. That's all I have to say.
TRUSTEE KRUPSKI. Thank you.
TRUSTEE WILLIAMS: Thank you. Any questions or comments from the
Trustees?
(Negative response).
MR. KLAUER: I'm Conrad Klauer I submitted a letter in your
file.
This is all wetland. Didn't even extend here. I just hope
you know it. The recent high tides we had which were not
overwhelming high tides, are at the end of this dock is actually
a float. Floating end on the land side. That was actually going
up and bobbing up and down in the water the other day. So this
is all wetland back here. This osprey nest is a lot closer than
it looks over here. And the ospreys, gray herons, all sorts of
wildlife sits on those pilings at the end of that dock as I walk
by every day. Thank you.
TRUSTEE GOLDSMITH: Thank you.
TRUSTEE KRUPSKI. Thank you.
TRUSTEE WILLIAMS: Anybody else wish to speak? Again, keep in
mind, we do have your letter, Benja. If there is something you
want to add outside the letter, feel free.
MR. SCHWARTZ: Thank you. Benja Schwartz, I livedat the
mouth of the creek. This is much closer to the head of the
creek. But it's the same creek. We live in the same town. As in
the letter it states that there is a law that permits an
accessory apartment in a lawfully-existing building. This is, as
it says in the agenda here, a proposal for an apartment in a new
structure. I'm concerned that the decision of this Board should
serve as a precedent for other applications and possibly a
Board of Trustees 47 November 13, 2019
renewal of an application on this particular property, that it
should state clearly that these single-family zoned lots on the
waterfront should be preserved in that as single-family
dwellings and not the density population density doubled,
considering the already stressed marine environment in the creek
there
And as my neighbor spoke about the lack of self-enforcing
zoning regulations, but we do have regulations which these, you
as the Trustees, are charged with enforcing, in particular the
one we are considering here tonight, the wetlands permit, which
says that the Trustees permit should only be approved if
operations do not substantially affect the wetlands of the town.
And doubling the population density on the waterfront is
obviously, we don't need a scientific study to show us that that
would affect the wetland. What we do need is a scientific study
to document the already existing salt marsh die back and the
aggravation of that by the recent extension of Suffolk County
Water Authority mains increasing the amount of the fresh water.
And I use that word "fresh water" in quotes because while the
water is not salt, it is not exactly fresh after it's been used
in a toilet. And that, when a house doesn't have a well under
it, the water table is directly connected to the creek. This
property already has a house on it. And there are other
properties in the area.
I would ask that you carefully consider your decision and
produce a decision with a value that will prevent applications
like this from even being considered in the future. If something
is illegal, we don't consider approving a permit for it. Thank you.
TRUSTEE WILLIAMS: Thank you, for your time. Any other questions
or comments from the Board?
TRUSTEE DOMINO: I would like to state that the proposal in its
present iteration does not adequately address the concerns of
the Board of Trustees with respect to but not limited to Chapter
275.12 standards of issuance of a permit (a), adversely affect the
wetlands of the town; (d), adversely affect fish, shellfish or
other beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereof; and (i), otherwise
adversely affect the health, safety and general welfare of the
people of the town And lastly, Q), adversely affect the esthetic
value of the wetland and adjacent areas.
TRUSTEE WILLIAMS: Any other comments from the Board?
(Negative response).
I'll make a motion to close the public hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Motion to deny this application without
prejudice.
TRUSTEE GOLDSMITH: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
Board of Trustees 48 November 13, 2019
TRUSTEE DOMINO: Motion to adjourn.
TRUSTEE GOLDSMITH. So moved.
TRUSTEE DOMINO: All in favor?
(ALL AYES)
Respectfully submitted by,
mss)
Michael J. Domino, President
Board of Trustees