HomeMy WebLinkAboutTR-10/14/2020 Glenn Goldsmith,Presidentif s®�/�� Town Hall Annex
Michael J.Domino ® _: " ®�® 54375 Route 25
P.O.Box 1179
John M.Bredemeyer III `' Southold,New York 11971
A.Nicholas Krupski 'K=
p � ��-`` .�` Telephone(631) 765-1892
Greg Williams All ,_ a® Fax(631) 765-6641
BOARD OF TOWN TRUSTEES RECEIVED
TOWN OF SOUTHOLD
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NOV 2 3 2020
Minutes
er 14 2020 S &hoAbwn Cler
iM
Wednesday, October ,
5:30 PM
Present Were: Glenn Goldsmith, President
Michael J. Domino, Vice-President
John M. Bredemeyer, 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: Tuesday, November, 10, 2020 at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, October 28, 2020 at 5:30 PM via Zoom online
platform, and on Wednesday, November 18, 2020 at
5:30 PM via Zoom online platform
WORK SESSIONS: Monday, October 26, 2020 at 5:00 PM via Zoom online platform;
on Wednesday, October 28, 2020 at 5:OOPM via Zoom online
platform; on Monday, November 16, 2020 at 5:00 PM via Zoom
online platform; and on Wednesday, November 18, 2020 at 5:00
PM via Zoom online platform.
APPROVE MINUTES: Approve Minutes of September 16, 2020.
TRUSTEE GOLDSMITH: Good evening, and welcome to our Wednesday October 14th,
2020 meeting. At this time I would like to call the meeting to order and ask that you
please stand for the pledge of allegiance.
(PLEDGE OF ALLEGIANCE).
I'll start off by announcing the people on the dais, on the screen if you are,on Zoom. To
my left is Trustee Domino, Trustee Bredemeyer. Trustee Krupski, Trustee Williams. To
my right is Assistant Town Attorney Damon Hagan. In the rear is Senior Clerk Typist
Elizabeth Cantrell, and also tonight we have Court Stenographer Wayne Galante.
Agendas for tonight's meeting are posted on the Town's website.
We have a number of postponements tonight. In the agenda, on page 15, we
Board of Trustees i 2 October 14, 2020
have number 15, SU11 architecture + design on behalf of JEFFREY & ANCA LEMLER
requests a Wetland Permit to install a new sand beach area on top of existing ground in
a 25'x70' area and the sand filling will be 6" to 12", no deeper than 12"; the sand will be ,
"Cemex, ARB Certified, washed/cleaned/kin dried" or similar brand that complies with
this characteristic, approximately 50 cubic yards of sand will be needed; install a border
of landscaping boulders that will be set to separate the current existing beach area from
the new proposed beach area; 50 linear feet of stones will be needed; on the inland side
of the proposed beach area steel garden edging will separate the landscape from the
beach area; general cosmetic landscape improvements are proposed: Additional native
vegetation will be planted (26 medium shrubs and 40 small shrubs and plants
approximately); all existing trees to remain; a new approximately 6'x60' gravel path is
proposed from the beach area to the house which will be contained with flexible steel
gardening edges, as well as steps needed along the path and changes in height;
approximately 4 cubic yards of gravel will be needed; areas of wood chips are proposed
along the property lot line and around planting areas, approximately 9 cubic yards of
wood chips will be needed; no structures need to be erected on site for this work, the
sand will be deposited with a small bobcat; all material and plants will be locally sourced
at a local landscaping installer who will execute and supervise the work.
Located: 320 Broadwaters Road, Cutchogue. SCTM# 1000-104-10-6,
has been withdrawn.
Number 16, Fishers Island Conservancy on behalf of TOWN OF SOUTHOLD
AIRPORT &TOWN OF SOUTHOLD WASTE MANAGEMENT requests a Wetland
Permit to stop the spread of and begin to eliminate the invasive Phragmites
(Phragmites australis) located throughout several locations totaling 8.1 acres
(352,836 sq. ft.) on the two properties by applying the aquatic approved systemic
herbicide ClearCast in the Fall for three (3) consecutive seasons by applying it to the
foliage/leaf where it is taken up by the plant and translocated to the root; an organic,
aquatic approved dye as well as an aquatic approved adjuvant will be used to increase
coverage and uptake by the plant.
Located: Whistler Avenue (Airport) & Fox Lane (WM), Fishers Island.
SCTM# 1000-12-1-18 & 12-1-1.1, has been postponed.
On page 16 we have number 17 through 20, have been postponed. They are
listed as follows:
Number 17, Suffolk Environmental Consulting on behalf of PATRICIA GOELLER
KIRKPATRICK requests a Wetland Permit to construct a 34'x28' two-story, single-family
dwelling with attached 15'x30' seaward side deck and 84'x11.5' driveway; install a new
innovative, alternative, nitrogen reducing AI/OWTS septic system with ±161.0 linear feet
of retaining wall surrounding the septic system on the landward side of the proposed
dwelling; and to establish and perpetually maintain a 50' wide non-turf buffer area
landward of the tidal wetland boundary.
Located: 565 Fisherman's Beach Road, Cutchogue. SCTM# 1000-111-1-34,
has been postponed.
Number 18, Suffolk Environmental Consulting on behalf of 106 MULBERRY
CORP., requests a Wetland Permit to construct a two story, single family dwelling
(25'x42'4" ± 1,058.25 sq. ft.) with attached 7.3'x48.2' (351.86sq.ft), deck on south side
of dwelling; install a 25'x6' (±150 sq. ft.) stone driveway, a 12'x20' parking area on west
side of proposed dwelling, and an 11'x20' parking area on north side of proposed
dwelling; install a new innovative, alternative nitrogen.reducing water treatment system
(AI/OWTS); install sanitary retaining wall at an overall length of 99.5' and a width of 8.0"
across the top of the wall; and to replace the failing bulkhead on west side and north
side of the lot as well as to replace the wood jetty which extends into West lake,
Board of Trustees i 3 October 14, 2020
consisting of 198.0 linear feet of bulkhead to be replaced along the westerly and
northerly portions of the subject property with the following measurements: Timber top
cap: 2.25'wide extended along the entirety of the bulkhead to be replaced, 9" diameter
timber piles, 6"x6" timber whalers, ±6.0' long tie-rods, ±6" diameter dead-men, and the
use of vinyl sheathing (CLOC or similar); the bulkhead return located perpendicular to
the northerly portion of the bulkhead to be replaced at an overall length of 11.0' with a
2.25'wide top-cap, 9.0" diameter piles, 6"x6" timber waters, ±6.0' long tie-rods,16"
diameter dead-men, and vinyl sheathing (CLOC or similar); the existing wood jetty to be
replaced with new 15.0' long jetty with 9.0" diameter piles placed 1.5' o/c alternating
between the east and west sides of the jetty, the use of vinyl sheathing (CLOC or
similar), 6"x6" timber walers on both sides of the jetty, and 2.75' tie-rods; existing wood
dock assembly to be removed at the start of the bulkhead replacement and re-installed
in-kind and in-place at the completion of the bulkhead replacement consisting of a
landward 5'x5' wood platform to a 14.1'x3.5' wooden ramp with 3.5' tall railings; a
13.5'x7.0' wooden float secured by four (4) 9.0" diameter piles with two on the landward
side of the float and two on the seaward side of the float.
Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1.
Number 19, DKR Shores, Inc. on behalf of CAMERON DOWE & MEGAN
STRECKER requests a Wetland Permit to construct an 18'x32' shed that includes an
8'3"x18' covered open porch; extend existing timber walk landward an additional 4'x8'6",
to be 9" from grade using 6" round posts and cedar decking to match existing in order to
attach walk to proposed shed/covered porch.
Located: 975 Cedar Point Drive West, Southold. SCTM# 1000-90-1-5, has been
postponed.
And number 20, En-Consultants on behalf of BEACHWOOD ROAD 22, LLC
requests a Wetland Permit to demolish existing two-story dwelling and appurtenances;
construct a new 1,650 sq. ft. two-story dwelling (inclusive of a 139 sq. ft. entry porch with
second story above it), with a 350 sq. ft. attached waterside deck, partially covered with
a 137 sq. ft. trellis and 3.5' wide, 89 sq. ft. steps to grade; construct 174 sq. ft. and
532 sq. ft. pervious on-grade patios and a 8.5'x8.4' outdoor shower screened with wood
walls; install a 280 sq. ft. pervious gravel driveway, masonry steps/curbs, and stepping
stone paths; remove existing septic system and install a new UA OWTS/sanitary system;
install a drainage system of leaching galley drywells; and truck in approximately 85 cubic
yards of fill material to achieve proposed elevations.
Located: 545 Beachwood Road, Cutchogue. SCTM# 1000-116-4-22, has been
postponed.
On page 17 we have numbers 21 through 24. And on page 18 we have number
25, have all been postponed. These are listed as follows:
Number 21, Cole Environmental Services on behalf of ALBERT 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 22, Cole Environmental Consulting on behalf of MARIA ULMET
requests a Wetland Permit to install ±119' of new vinyl low-sill bulkheading and 8"
piles along mean high water as indicated, and two (2) 8' returns at each end; existing
piles to remain; regrade bank to establish 1:2 slope and place riprap; use bank material
as bulkhead backfill (approx. 5 cubic yards); excess material to be removed to an
I
Board of Trustees 4 October 14, 2020
upland site as necessary; install and perpetually maintain a 10'wide non-turf pervious
buffer composed of rock riprap along the landward edge of the low-sill bulkhead; install
silt fencing behind bulkhead; all timber shall be pressure treated No. 2 southern pine and
all hardware shall be hot-dip galvanized; and all disturbed areas outside low-sill
bulkhead and riprap areas are to be reseeded and mulched following completion of the
construction activities.
Located: 4600 Ole Jule Lane, Mattituck. SCTM# 1000-122-4-33
Number 23, Cole Environmental Consulting on behalf of ROBERT KRUDOP
requests a Wetland Permit to install ±131' of new vinyl low-sill bulkheading and 8" piles
along mean high water as indicated, and an 8' return at south end; existing piles, dock,
ramp, and float to remain; regrade bank to establish 1:2 slope and place riprap; use
bank material as backfill (approx. 50 cubic yards); excess material to be removed to an
upland site as necessary; install and perpetually maintain a 10'wide non-turf pervious
buffer composed of rock riprap along the landward edge of the low-sill bulkhead; install
silt fencing behind bulkhead; all timber shall be pressure treated No. 2 southern pine; all a
hardware to be hot-dip galvanized; and all disturbed areas outside the low-sill bulkhead
and riprap areas are to be reseeded and mulched following completion of the
construction activities.
Located: 4650 Ole Jule Lane, Mattituck. SCTM# 1000-122-4-34
Number 24, Cole Environmental Services on behalf of MARY HOVEY requests a
Wetland Permit to install ±120' of new low-sill vinyl bulkheading with new 8" piles; a 23'
return at west end, and an 8' return at east end; existing piles, dock, ramp, and float to
remain; regrade bank to establish 1:2 slope; place riprap on slope and plantings from
behind bulkhead to proposed toe of slope; use bank material as bulkhead backfill
(approx. 30 cubic yards); excess material to be removed to an upland site as needed;
install and perpetually maintain a 10'wide non-turf pervious buffer comprised of rock
riprap landward of the low-sill bulkhead; and all disturbed areas outside the low-sill
bulkhead and riprap areas to be seeded and mulched following the completion of
construction activities; place silt fence behind bulkhead; all timber shall be pressure
treated No. 2 southern pine, and all hardware to be hot-dip galvanized. Located: 4500
Ole Jule Lane, Mattituck. SCTM# 1000-122-4-32
Number 25, Patricia Moore, Esq. on behalf of WILLIAM MURPHY & KIMBERLY
REECE requests a Wetland Permit for the existing wood dock consisting of a 4'x16'
fixed wood dock, a 3'x14' removable wood ramp; a 6'x20' floating dock and a 6'x9'
floating dock situated in an "L" configuration; and for the existing wood pedestrian bridge
consisting of a 4'x15' wood ramp to a 4'x33' bridge to a 4'x8' ramp to cross Wunneweta
Pond on applicant's parcel.
Located: 1652 Bridge Lane, Cutchogue. SCTM# 1000-118-1-4.1
Those have all been postponed.
Under Town Code Chapter 275-8(c), files were officially closed seven days ago.
Submission of any paperwork after that date may result in a delay of the processing of
the applications.
At this'time I'll make a motion to have our next field inspection Tuesday,
November 10th, 2020, at 8:00 AM.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I'll make a motion to have our next Trustee meeting
Wednesday, October 28th, 2020, at 5:30 PM via Zoom, and on Wednesday,
November 18, 2020, at 5:30 PM, via Zoom.
TRUSTEE BREDEMEYER: Second.
Board of Trustees 5 October 14, 2020
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I'll make a motion to old our next work session on Monday,
October 26th, 2020, at 5:00 PM, via Zoom; on Wednesday, October 28th, 2020 at
5:00 PM, via Zoom; on Monday, November 16th, 2020, at 5:00 PM via Zoom; and
on Wednesday, November 18th, at 5:00 PM via Zoom.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve the Minutes of our
September 16th, 2020 meeting.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
V. MONTHLY REPORT:
The Trustees monthly report for September 2020. A check for$8,507.18 was forwarded
to the Supervisor's Office for the General Fund.
VI. PUBLIC NOTICES:
Public Notices are posted on the Town Clerk's Bulletin Board for review.
VII. RESOLUTIONS OTHER:
TRUSTEE GOLDSMITH: Under Resolutions - Other, number 1, Set the 2020/2021
Scallop Season:
RESOLVED,,that the Southold Town Board of Trustees open the following dates to
scallop harvesting and pursuant to Chapter 219 (Shellfish) of the Code of the Town of
Southold: From Sunday, November 1, 2020 from sunrise to sunset through Wednesday,
March 31, 2021 inclusive, in all Town waters, as per Town Code.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: To expedite the meeting, I'll make a motion to
group numbers 2 through 5. They are all resolutions to declare ourselves lead
agency in regards to the following applications.
They are listed as follows:
Number.2, 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 JOSEPH & CAROLYN FERRARA;
Located: 185 Osprey Nest Road, Greenport. SCTM# 1000-35-7-1
Number 3, 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 FERNANDO & MARIA VILLA;
Located: 15 Sun Lane, Southold. SCTM# 1000-76-1-1
Number 4, 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
Board of Trustees 6 October 14, 2020
application of JOSEPH & PATRICIA BRANTUK;
Located: 44632 Route 25, Southold. SCTM# 1000-86-6-31.3
And number 5, 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 KENNETH QUIGLEY;
Located: 2245 Little Peconic Bay Lane, Southold SCTM# 1000-90-1-16
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
VIII. STATE ENVIRONMENTAL QUALITY REVIEWS:
TRUSTEE GOLDSMITH: Under Roman numeral VIII, State Environment
Quality Reviews:
RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the
following applications more fully described in Section XII Public Hearings Section of the
Trustee agenda dated Wednesday, October 14, 2020 are classified as Type II Actions
pursuant to SEQRA Rules and Regulations, and are not subject to further review under
SEQRA:
40200 Main, LLC (Orient by the Sea), c/o RWN Management,
LLC SCTM# 1000-15-9-8.1
William J. Dotson, Jr. SCTM# 1000-7-1-3
U.S. Dept. Of Homeland Security, Plum Island Animal Disease Center
SCTM# 1000-15-9-9
U.S. Dept. Of Homeland Security
SCTM#'s 1000-15-9-9, 1000-15-9-6.1, 1000-16-2-1, 1000-6-2-2
U.S. Dept. Of Homeland Security, Plum Island Animal Disease Center
SCTM# 1000-132-1-30
480 Rabbit Lane, LLC, c/o Greg Bauso SCTM# 1000-31-18-10
Alice Hanley Revocable Trust SCTM# 1000-1-2-4
Cedar Beach 1280 SCTM# 1000-90-2-22
Panayiotis & Panagiota Basios SCTM# 1000-94-1-12.2
R. Bradford Burnham III SCTM# 1000-10-3-4.1
Angela F. Gorsky SCTM# 1000-78-2-28
Daniel C. & Eileen B. Oakley SCTM# 1000-103-9-12
Lynne S. Chanin SCTM# 1000-111-1-17.1
James P. Latham SCTM# 1000-32-1-12.1
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: RESOLVED that the Board of Trustees of the
Town of Southold hereby finds that the following applications
more fully described in Section XII Public Hearings Section of
the Trustee agenda dated Wednesday, October 14th, 2020, are
classified as Unlisted Actions pursuant to SEQRA Rules and
Regulations: These are listed as follows:
Board of Trustees 7 October 14,2020
Joseph & Carolyn Ferrara SCTM# 1000-35-7-1
Fernando & Maria Villa SCTM# 1000-76-1-1
Joseph & Patricia-Brantuk SCTM# 1000-86-6-31.3
Kenneth Quigley SCTM# 1000-90-1-16
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
IX. ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW
YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617:
TRUSTEE GOLDSMITH: Under Roman numeral IX, Environmental
Declaration of Significance pursuant to New York State
Environmental Quality Review Act, NYCCR Part 617:
Number one, DESCRIPTION OF ACTION: Costello Marine
Contracting Corp. on behalf of JOSEPH & CAROLYN FERRARA requests
a Wetland Permit to construct a 3'x36' fixed dock.
Located: 185 Osprey Nest Road, Greenport. SCTM# 1000-35-7-1
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 October 7, 2020, and having considered the survey of property by
Peconic Surveyors, P.C. dated October 8, 2013, and having considered the plans for
this proposed project submitted by Costello Marine Contracting Corp. Dated March 19,
2020 at the Trustee's October 9, 2020 work session; and,
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees declared itself
Lead Agency pursuant to S.E.Q.R.A.; and, .
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Costello Marine Contracting Corp.
Dated March 19, 2020 it has been determined by the Board of Trustees that all
potentially significant environmental concerns have been addressed as noted herein:
Navigation: The proposed dock meets standards and does not extend beyond,1/3
across the water body. Depths for the dock terminus are within Town Trustees,
New York State Department of Environmental Conservation and United States
Army Corps. Of Engineers guidelines and there is no recognized Federal/New
York State/Town navigation channel in the immediate vicinity of the proposed
structure.
Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposes.
Scope in relation to the riparian rights of shell fishers: The plan allows a standard
fixed catwalk to float design that will not impede access for those seeking
shellfish and crustacea in season.
Scope in relation to view shed: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years
with limited pile replacement so as to minimize disturbance of the bottom.
f -
Board of Trustees 8 October 14, 2020
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: That's my motion
TRUSTEE KRUPSKI:'Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 2, DESCRIPTION OF ACTION: Costello
Marine Contracting Corp. on behalf of FERNANDO & MARIA VILLA
requests a Wetland Permit to construct a 4'x6' cantilevered
platform off of existing bulkhead; install a 32"x12' seasonal
aluminum ramp onto a 6'x20' seasonal floating dock secured by
two (2) 2" diameter steel pipes; and provide water and electric.
Located: 15 Sun Lane, Southold. SCTM# 1000-76-1-1
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 October 7, 2020, and having considered the survey of property by
Peconic Surveyors, P.C. last dated December 27, 2019, and having considered the
plans for this proposed project submitted by Costello Marine Contracting Corp. Dated
February 28, 2020 at the Trustee's October 9, 2020 work session; and,
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees declared,itself
Lead Agency pursuant to S.E.Q.R.A.; and,
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Costello Marine Contracting Corp.
Dated February 28, 2020 it has been determined by the Board of Trustees that all
potentially significant environmental concerns have been addressed as noted herein:
Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposes.
Scope in relation to the riparian rights of shell fishers: The plan allows a standard
fixed catwalk to float design that will not impede access for those seeking
shellfish and crustacea in season.
Scope in relation to view shed: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years
with limited pile replacement so as to minimize disturbance of the bottom.
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.
That's my motion.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 3, DESCRIPTION OF ACTION: Costello Marine
Board of Trustees 9 October 14, 2020
Contracting Corp. 'on behalf of JOSEPH & PATRICIA BRANTUK requests a Wetland
Permit to construct a 4'x20' open-grate landward fixed ramp onto a 4'x67'
open-grate catwalk onto a 4'x82' open-grate fixed dock with a 32"x12' seasonal
aluminum ramp onto a seasonal 6'x20' floating dock chocked off of the bottom situated
in an "I" configuration and secured in-place by four 8" diameter pilings.
Located: 44632 Route 25, Southold. SCTM# 1000-86-6-31.3
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 October 7, 2020, and having considered the survey of property by
Robert H. Fox dated February 28, 2020, and having considered the plans for this
proposed project submitted by Costello Marine Contracting Corp. Dated February 27,
2020 at the Trustee's October 9, 2020 work session; and,
WHEREAS, on October 14,'2020 the Southold Town Board of Trustees declared itself
Lead Agency pursuant to S.E.Q.R.A.; and,
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Costello Marine Contracting Corp.
Dated February 27, 2020 it has been determined by the Board of Trustees that all
potentially significant environmental concerns have been addressed as noted herein:
Scope: The proposed dock is comparable to docks on neighboring properties in
an area whereFdocks historically are used for commercial and recreational
purposes.
Scope in relation to the riparian rights of shell fishers: The plan allows a standard
fixed catwalk design that will not impede access for those seeking shellfish and
crustacea in season.
Scope in relation to view shed: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years
with limited pile replacement so as to minimize disturbance of the bottom.
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.
That's my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 4,
DESCRIPTION OF ACTION: KENNETH QUIGLEY requests a Wetland Permit
to remove existing dock, ramp and landward walkway and construct
new 4'x77' fixed elevated landward catwalk to a 4'x16' fixed
catwalk to a 4'x24' fixed ramp to a 4'x18' fixed catwalk to a
4'x20' fixed dock platform situated in an "L" configuration; all
surface decking shall be 60% open grate materials; clearance of
4`6" to be maintained over wetlands; install two (2) 12"
diameter tie-off pilings 32' apart and 12'from fixed dock;
I
Board of Trustees 10 October 14, 2020
install a transparent kayak launch 5'x1,2' to be connected to
dock-via dock lines; and to install water and electrical
termination at top of ramp.
Located: 2245 Little Peconic Bay Lane, Southold. SCTM# 1000-90-1-16
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 October 7, 2020, and having considered the hydrographic map of
property by Robert H. Fox dated January 22, 2019, and having considered the plans for
this proposed project submitted by Kenneth Quigley dated September 18, 2020 at the
Trustee's October 9, 2020 work session; and,
WHEREAS, on October 14, 2020 the Southold Town Board of Trustees declared itself
Lead Agency pursuant to S.E.Q.R.A.; and,
WHEREAS,,on October 14, 2020 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Kenneth Quigley dated September
18, 2020 it has been determined by the Board of Trustees that all potentially significant
environmental concerns have been addressed as noted herein:
Navigation: The proposed dock meets standards and does not extend beyond 1/3
across the water body. Depths for the dock terminus are within Town Trustees,
New York State Department of Environmental Conservation and United States
Army Corps. Of Engineers guidelines and there is no recognized Federal/New
York State/Town navigation channel'in the immediate vicinity of the proposed
structure.
Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposes.
Scope in relation to the riparian rights of shell fishers: The plan allows a standard
fixed catwalk design.that will not impede access for those seeking shellfish and
crustacea in season.
Scope in relation to view shed: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years'
with limited pile replacement so as to minimize disturbance of the bottom.
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.
That's my motion.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
X. RESOLUTIONS -ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: Under Roman numeral X, Resolutions -Administrative
Permits.
In order to simplify our meetings the Board of Trustees regularly groups together
actions minor or similar in nature. Accordingly, I make a motion to approve as a group
numbers one, and three through five. They are listed as follows:
I
Board of Trustees i 11 October 14, 2020
Number 1, Eligio O. Lopez on,behalf of GIUSEPPE IANELLO & ELIZABETH
RAMOS requests an Administrative Permit to construct a 6'x220' stockade fence and a
two-hole 140' split rail fence.
Located: 270 Smith Drive South, Southold. SCTM# 1000-76-3-34.3
Number 3, Eligio O. Lopez on behalf of MARJORY STEVENS requests an
Administrative Permit to remove and replace in place a 5'x29' brick on-grade walkway.
Located: 335 Private Road #3, Southold. SCTM# 1000-70-6-13. '
Number 4, CHARLES &STEPHANIE McEVILY request an Administrative Permit
to add one'2"x12"x10' board to the existing two boards, sister landscape fabric on
landward side and add coir logs along approximate 100' of seaward side; supplement
eroded soil with clean soil and revegetate. '
Located: 1,795 Bayview Avenue, Southold. SCTM# 1000-52-5-6.
And Number 5, STEVEN & DEBORAH WICK request an Administrative Permit to
construct a 70'x3' berm located 35' from mosquito ditch and to plant twelve (12) Leland
Cypress trees along,the 70' line.
Located: 1541 Stillwater Avenue, Cutchogue. SCTM# 1000-103-1-19.7.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 2, JOSEPH CASARONA TRUST requests an
Administrative Permit for a Ten (10) year maintenance permit to
trim and maintain the bluff vegetation growth to no less than
two (2) feet in height on an as-needed basis.
Located: 55 Glen Court, Cutchogue. SCTM# 1000-83-1-36.1
We discussed this as a group and we would like to change that to three feet.
So I make a motion to approve this application with the following description:
Joseph Casarona Trust requests an-Administrative Permit for a ten-year
maintenance permit to trim and maintain the bluff vegetation growth to no less
than three feet in height on an as-needed,basis.
That's my motion.
TRUSTEE KRUPSKI: 'Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
XI. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Roman numeral XI, Applications for
Extensions, Transfers, Administrative Amendments. Again, in
order to simplify our meeting, I'll make a motion to approve as
a group items one, two, four and five. They are listed as follows:
Number 1, Michael A. Kimack on behalf of 8100 HORTONS LANE, LLC requests
a One-Year Extension to Wetland Permit#9346, as issued on November 14, 2018.
Located: 8100 Hortons Lane, Southold. SCTM#1000-54-4-31
Number 2. HELGA NETTE KESSEL requests a Transfer of Wetland Permit
#4164 from Robert Hamilton to Helga Nette Kessel, as issued on May 26, 1993.
Located: 1180 Smith Drive South, Southold. SCTM#1000-76-3-12.1
Number 4, PGA CAPITAL LLC requests an Administrative Amendment to
Administrative Permit#9654A for the as-built 18'x20' raised composite wood deck in lieu
of the previously approved 20'x20' on'grade paver patio on the east side of the house.
Located: 3795 Main Bayview Road, Southold. SCTM# 1000-78-2-15.2
Board of Trustees 12 October 14, 2020
Number 5, William C. Goggins, Esq., on behalf of THOMAS MACARI requests
an Administrative Amendment to Administrative Permit#8669A for the as-built 52'x32"
concrete retaining wall and for the relocation of 72"x72" steps:
Located: 1320 Little Peconic Bay Road, Cutchogue. SCTM#1000-111-14-19
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH:
TRUSTEE KRUPSKI: Number 3;SCOTT & SUSAN AMBROSIO request an
Administrative Amendment to Wetland Permit#9379 for the relocation of two
8'x12' sheds and removal of one 6'x10' shed.
Located: 1940 Mason Drive, Cutchogue. SCTM#1000-104-7-16.1
After reviewing the ZBA determination in the file it appears that the
homeowner is only permitted to have one shed on the property. However, that
determination did include a garage, which has not been applied for with this Board.
Seeing that the shed would be a better environmental option for the property,
given the proximity to the wetlands, it would appear more appropriate to have the
two sheds in lieu of the garage.
Therefore, having discussed this matter with the ZBA, I make a motion to
approve this application with the following stipulation: That the applicant return to
the ZBA for a de minimis change-eliminating the garage, and receive approval from
the ZBA.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
XII. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: Roman numeral XII, Public Hearings. At this
time I'll make a motion to go off regular meeting agenda and enter into public
hearings.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: This is a public hearing in the matter of the
following applications for permits under the Wetlands ordinance
of the Town of Southold. I have an affidavit of publication from
the Suffolk Times. Pertinent correspondence may be read prior to
asking for comments from the public.
Please keep your comments organized and brief, five minutes
or less if possible.
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Amendments, number 1, Inter-Science Research
Associates on behalf of 40200 MAIN, LLC (ORIENT BY THE SEA), c/o RWN
MANAGEMENT, LLC requests an Amendment to Wetland Permit#9582 and Coastal
Erosion-Permit#9582C to reconfigure the proposed dingy dock assembly located on the
south side of the restaurant by installing a fixed pier catwalk assembly consisting of a
4'x15' ramp down to a 4'x100' fixed pier catwalk; two (2) 3'x16' fixed finger piers; and the
relocation of the existing 6'x20' floating dock in lieu of the originally proposed two (2)
4'x20' ramps down to a 4'x60' floating dock; and,to widen the.existing inlet from 34' wide
Board of Trustees 13 October 14, 2020
to 45' wide in orderto provide safer access in and out of the basin by relocating the
bulkhead on the west side by 11' to the west of its current location in lieu of removing
and replacing the west bulkheading in-place.
Located: 40200 Route 25, Orient. SCTM# 1000-15-9-8.1
The LWRP found this amendment to be consistent.
The Conservation Advisory Council resolved to support this application.
The Trustees reviewed this on October 7th, field notes saying straightforward.
Is there anyone here on Zoom who wishes to speak regarding this application?
MR. BELNIAK: Just a reminder, if you are on Zoom, to indicate if
you,would like to speak, please use the "raised hand"feature,
which is located at the bottom strip of commands. And if you,
are dialing in from the telephone, *9 is the command.
We do have one person that has raised their hand, Lisa
Poyer. Lisa, I'll send you a command for you to open your mic
and when you do, the floor is yours.
MS. POYER: Good afternoon. I'm just here to represent the
applicant: If you have any questions in addition to the
materials that were submitted previously, just please let me know.
TRUSTEE GOLDSMITH: Okay,
TRUSTEE KRUPSKI: Thank you. ,
TRUSTEE GOLDSMITH: Is there anyone else who wishes to speak
regarding this application?
(Negative response).
MR. BELNIAK: I don't see any questions in the Q and A or
additional hands raised.
TRUSTEE GOLDSMITH: Are there any questions or comments from the
Board?
(Negative response).
Hearing none,or seeing none, I make a motion to close-this hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve this application.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number 2, Costello
Marine Contracting Corp. on behalf of CLAUDIA PURITA requests an
Amendment to Wetland Permit#9276 and Coastal Erosion Permit
#9276C to allow for the "as-built" installation of 1.5 to 3 ton
rock armoring in front of the newly constructed bulkhead, ±1,260
cubic foot (60.5 tons) of rock to be placed below spring high
water level;as-buiIt,two 11 foot high concrete terracing block
retaining walls in lieu of the previously approved 5 foot high
retaining walls on face of bluff; install a pervious gravel
splash curtain landward of bulkhead; construct a revised
stairway and walkway consisting of a 4' wide terraced walkway
from top of bluff to top retaining wall; construct 3' wide
by 14'2" long stairs off top-retaining wall to area between two
retaining walls; construct a 5'x4' cantilevered platform with 3'
I
i
Board of Trustees I 14 October 14,2020
wide by 147" long set of steps to area in between lower
retaining wall and bulkhead; construct a 5'x4' cantilevered
platform off bulkhead with 3'x9'2" seasonal aluminum stairway to
beach; and to revegetate bank with native plantings.
Located: 19995 Soundview Avenue, Southold. SCTM# 1000-51-4-6
This project was reviewed by the Board of Town Trustees at
our Monday, October 9th work session. I'm in possession of an
updated construction plan by Costello Marine dated received in
the Trustee office October 13th.
I'm also in possession of a planting plan submitted by
Chuck Hamilton that was developed by A.M. Weber Associates, a
planting plan describing the plants to revegetate and
rehabilitate the bluff. And also dated in the Trustee, stamped
in the Trustee office, October 13th. I'm in possession also of
a report from Chuck Hamilton detailing the reconstruction plan
and implementation plan to honor the New York State DEC order on
consent and Trustees considered amendment to the plan as
discussed at our October 9th work session. This is also dated
stamped in the Trustee office October 13th.
This project has been deemed to be both inconsistent and
consistent under the Town's LWRP. The inconsistency draws from
the fact that activities did not meet the statutory and
regulatory requirements of the Board of Trustees.
Is there anyone here who wishes to speak on behalf of this
application as amended in the plans submitted?
MR. BELNIAK: Once again, please use your"raised hand"feature in
the bottom row of commands in Zoom or*9 on your telephone. We
do have someone raising their hand, from Costello Marine
Contracting Corporation. So I sent a command for you to un-mute
your mic and when you do, the floor is yours.
MS. COSTELLO: Hi, it's Jane Costello, Costello Marine, I'm here
with my father John Costello. I'm here to answer any questions
the Board or the public might have.
TRUSTEE BREDEMEYER: Any'members of the Board have additional
questions concerning this project?
TRUSTEE KRUPSKI: Yes. Trustee Krupski, here. I'm just curious if
maybe I missed it while Trustee Bredemeyer was going through it,
but are you guys in possession of a DEC permit at this time?
MS. COSTELLO: For these modifications, no.
TRUSTEE BREDEMEYER: It is my understanding, having spoken with
Assistant Town Attorney Damon Hagan that the DEC is honoring the
wishes of this Board in permitting so that--
MR. HAGAN: They have not committed to that, but it's my
understanding that they are anxiously looking at this Board's
determination so that they can finalize their determination. So.
TRUSTEE BREDEMEYER: Understood.
Any additional questions concerning this amended application?
MR. BELNIAK: We have an additional hand raised. Chuck Hamilton,
I'm going to send a command for you to open your mic. When you
do, the floor is yours.
MR. HAMILTON: Chuck Hamilton. Good afternoon, Board of Trustees
Board of Trustees 15 October 14, 2020
Southold. As far as the DEC, the order on consent is being prepared now..
Rob Morris and Andrew Warrak are currently reviewing our plan conceptually.
They have approved the design and restoration plan. They are just finalizing that.
And the order on consent is just being worked out between Costello Marine and
also Mrs. Purita.
So we hope to have that soon and as soon as we get the signed order on
consent and approval, we'll submit that to the Board of Trustees. Thank you.
TRUSTEE BREDEMEYER: Okay, any further questions or comments from
the Board?
(Negative response).
Any further questions or comment from anyone out there in Zoom land?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: I make a motion to approve this amended --
TRUSTEE KRUPSKI: We have to roll call that.
TRUSTEE BREDEMEYER: Sorry. Move to close this hearing.
MR. HAGAN: Mike, you have to lead off. Pres. Goldsmith is recused on
this application.
TRUSTEE DOMINO: All those in favor?
(Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Krupski,
aye. Trustee Williams, aye). (Trustee Goldsmith, recused).
TRUSTEE BREDEMEYER: The motion-is carried. I would make a motion
to approve this application consistent with the materials
received in the Trustee office on October 13th, that being the
amended construction plan of Costello Marine, the planting plan
of A.M. Weber Associates submitted by Chuck Hamilton, and the
plan, and the construction plan implementing the requisites of
the New York State Department of Environment Conservation also
submitted by Chuck Hamilton and A.M. Weber, also dated in the
Trustee office, October 13th. That's my motion
MR. HAGAN: Did they give us an amended project description?
TRUSTEE BREDEMEYER: They did not.
TRUSTEE KRUPSKI: It would probably be appropriate-to have a new
project description.
MR. HAGAN: We have the plans. You can make a ruling consistent
with them, but you'll have to then rattle off what the new
project description is, because they failed to provide a new
project description.
MS. CANTRELL: It might be in the Costello --
TRUSTEE BREDEMEYER: It's in -- I can read verbatim the --
MR. HAGAN: So they did send something?
TRUSTEE BREDEMEYER: Yes. That's what I was referencing in-
the October 13th description.
MR. HAGAN: Okay. It didn't sound like you had an amended project
description. That's why I'm asking. Let me see what they wrote.
(Perusing).
TRUSTEE BREDEMEYER: This is the planting plan.
MS. CANTRELL: There is a Costello Marine plan in there.
TRUSTEE BREDEMEYER: We had it here. I referenced it. Here it
is. Basically it's a description of activities.
Board of Trustees 16 October 14, 2020
I
MR. HAGAN: (Perusing).
TRUSTEE WILLIAMS: Would it make sense to table this? We are
having-an additional meeting this month. It's not that far away.
TRUSTEE BREDEMEYER: They could generate a conforming project,
instead of referring to the submissions.
TRUSTEE WILLIAMS: I think that might be the most viable.
MR. HAGAN: If you read the project plan that is laid out in
there, you can clarify that this is the project. You have the
plans. You'll get the stamped approved plans. They'll have the
stamped approved plans if they are inclined to do it.
But for further reference to expediters out there, please
have a nice, clear project description when you are providing
new plans to the Board because it makes the process a lot easier
on all of our clerks. But you have to clarify what the new
project description is. So if you-can ascertain that from the
construction plan, we can close the file out now, which is
probably the most expeditious thing to do.
TRUSTEE KRUPSKI: I would recommend that we table for a new
project description.
TRUSTEE BREDEMEYER: I think that's reasonable. All right, any
further Trustee discussion?
TRUSTEE KRUPSKI: Yes.. I mean, that's just my, just so we have a
clear-cut description going forward with this project, which has
already caused a little bit of headache for this Board and the
neighbors, and the general public of Southold Town. But again,
that's just my opinion, so.
TRUSTEE BREDEMEYER: I concur. Any additional discussion?
MR. HAGAN: Your public hearing has been closed, so you can move
to table and on the issue of whether or not you have a clear
project description.
TRUSTEE KRUPSKI: I believe you have to rescind your original
motion though.
MR. HAGAN: The public hearing is closed.
TRUSTEE KRUPSKI: He made a motion to --the public hearing is
closed, but he made a motion to approve
MR. HAGAN: You have to rescind your motion to approve.
TRUSTEE BREDEMEYER: I rescind my motion to approve. I make a
motion to'table this application to receive a comprehensive
project description for the Board to review and consider at our
next meeting. That's my motion.
MS. CANTRELL: The October 28th meeting?
TRUSTEE BREDEMEYER: Yes.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(Trustee Domino, aye. Trustee Krupski, aye. Trustee Williams,
aye). (Trustee Goldsmith, recused).
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE DOMINO: Under Wetland & Coastal Erosion permits number
one, Docko, Inc. on behalf of WILLIAM J. DOTSON, JR. requests a
Board of Trustees 17 October 14, 2020
Wetland Permit and a Coastal Erosion Permit to reconstruct
existing ±150 linear feet of wood timber and batter-braced pile
supported pier with associated rails; water/electric utilities,
deck lights, ladders and access steps; reconstruct ±34 linear
feet of wood timber and pile supported pier"L" and lower
platform; and to install new tie-off piles with tide slides and
relocated/replace one existing tie-off pile as necessary, all waterward
of the apparent'high tide line in open waters of Fishers Island Sound.
Located: 1478 Barlow Pond Lane (off East End Road), Fishers Island.
SCTM# 1000-7-1-3
The Trustees did an inhouse review of this application on
October 7th, noted that there is eight-foot plus water depth
over the eel grass terminus of the dock.
The Conservation Advisory Council did not inspect and
therefore did not vote to support this application.
The LWRP coordinator found this to be inconsistent.
The inconsistency arises from the fact that the Coastal
Erosion, Chapter 111, allowable activities in this area may
include open timber piles or other similar open work with the
top surface area of less than 200-square feet. And in addition
he notes that eel grass occurs around the terminus of the dock
and recommended should the Trustees approve this structure, that
the applicant contact the Fishers Island sea grass management
coalition for input.
Is there anyone here to speak to this application?
MR. BELNIAC: Once again, please use the "raised hand"function on
the bottom command of Zoom. It looks like someone giving you a
high five, and also you can *9 on the telephone to indicate you
would like to speak,.or use the Q and A box. We do have a hand
raised, and the hand raised is Keith, no last name given. Keith,
I'm going to send you a command for you to open,your mic. When
you do, the floor is yours.
MR. NIELSON: Thank you. My name is Keith Nielson, I'm with
Docko, Inc., and I prepared the application documents before you
tonight on the Dotson property.
This is a reconstruction of a dock that has been here for
about 35 years. I believe that it pre-existed your coastal
erosion section of the regulations. And we are looking to
rebuild the dock. It's deteriorated. It is still functional, but
it is in need of replacement. And the design that we have put
together takes into account all of the eel grass design
parameters of the National Marine Fisheries Service as well as
the DEC. And we have those permits.
We also have the Corps of Engineers permit and the
consistency determination from the DOS. So I would be happy to
answer any questions that you might have. Also, once we get out
over the eel grass bed, in addition to the eight-foot clearance
between the deck and the bottom sediments, we also are using
through-flow decking, industry standards for sensitive aquatic
vegetation, and so we believe that we have met the design
standards that will accommodate the eel grass. And I would also
C
Board of Trustees 18 October 14, 2020
note that the eel grass is growing under the existing dock,
which doesn't have any of the current state-of-the-art open,
through-flow decking and so on. So the eel grass bed has clearly
not been diminished by the existing dock, and we are only making
it better with the higher deck standard and with the
through-flow decking. So I'm happy to answer any questions you
may have. We are respectively requesting your'approval of this project.
TRUSTEE DOMINO: Anyone else wish to speak to this application?
(Negative response).
Any other comments or questions from the Board?
(Negative response).
Hearing none,'I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted, noting that the it is a reconstruction of an existing
structure that predates the Coastal Erosion Act, and therefore
addresses the inconsistency.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number two, Docko, Inc. on behalf of U.S. DEPT.
OF HOMELAND SECURITY, PLUM ISLAND ANIMAL DISEASE CENTER
requests a Wetland Permit and a Coastal Erosion Permit to install ±262
linear feet of steel sheet pile bulkhead inside an existing
bulkhead including a new perimeter safety rail and associated
wales and support/fender piles; restore the east face of the
central wharf by replacing the existing anchor/tie-back system
for the southerly 100 feet or so and installing steel sheet
piling behind the existing bulkhead for the northerly 120 linear
feet or so, with a new tie-back system; existing fill
(approximately 2,000 cubic yards) will be removed to make way
for the new anchor system and replaced upon completion of the
anchors ; this work will,be landward of the high tide and mean
high water lines; the scour walls will be approximately 20 feet
long each and installed immediately in front of the two ramps
used by "Plum Island"; reinstall ferry loading ramps including
utilities, counterweight towers, scour protection, and
accessories; backfill with ±300 cubic yards stone fill for the
restoration of the ferry ramps and infrastructure, at and
landward of apparent (spring) high water line.
Located: 40550 Route 25, Orient SCTM# 1000-15-9-9
The Trustees most-recently discussed this application
inhouse on the 7th of October. Prior to that, Trustee Bredemeyer
had reviewed the application.
The LWRP -- oh, and noted it was a straightforward
application.
The LWRP coordinator,found this to be consistent.
And the Conservation Advisory Council resolved to support
t
Board of Trustees 19 October 14, 2020
this application.
Is there anyone here that wishes to speak regarding this
application?
MR. BELNIAK: Once again, use the "raised hand"function on the
bottom command of Zoom. *9 from the telephone raises your hand.
And Keith Nielson from Docko, once again, you can un-mute your
line and you have the floor.
MR. NIELSON: Good evening, again. On behalf of the Department of
Homeland Security, I'm Keith Nielson with Docko Inc., and we
prepared all the application documents and drawings you have
before you tonight.
Based on your preliminary review of this project we added a
supplemental sheet, sheet 1-A, which goes into a fairly extensive
description of the scope of work to answer all your questions about
length and height and numbers of items and so on.
Sheet number two of our drawings shows the existing
terminal features. And the terminal has been in use for decades,
and the there have been a couple of issues that you can see
pretty quickly from the alignment of vessels in the two slips,
and the ramps are too close together for efficient use of the
Plumb Island, which is the vehicle ferry for the Plumb Island
facility.
And the bulkhead, we did a bulkhead review on this project,
an underwater guide condition survey about ten years ago, and
updated it about five years ago, and the bulkhead has numerous
holes in the bottom of it. The ferries are a little bit tough on
these bulkheads and even though we put in a scour wall, several
of the sheets in the bulkhead have broken through, and some of
the gravel and sand material backfill has spilled out into the
slip. And so this project is to replace that whole 160-plus
foot of bulkhead basically forming the northerly end of the
project. We will be reusing the two existing ramps. They'll be
taken off and set aside for reuse. Then new bulkheading will be
installed, new lift wells for the ramps will be built and
counterweight towers, all of the utilities connecting into the
existing electrical system and water system, and the pavement
upon completion of the project and installation of the new
anchor tie-back wall, the area will be repaved.
The east ramp is going to be a foot to a foot-and-a-half
higher than its current elevation because of rising tide issues
that have been noticed by the ferry operator. And so the
westerly ramp is going to stay at its current elevation, within
a couple of inches, three to four inches, and will also be moved
about five feet to the west to allow better berthing access to
the whole deck of the ferry.
When the project is over, the only visible difference will
be that the new bulkhead will be afoot-and-a-half to two feet
back from the existing bulkhead face, and the pavement will have
a"very slight gradient change leading up to the east ramp to
make, one, vehicle access safe and efficient, but also to
provide AVA access of 5% grade. You'll notice there a couple of
Board of Trustees ! 20 October 14,2020
AVA spots, parking spaces, adjacent to the east ramp. The
existing lighting system will be reinstalled, and like I said,
there will be new counterweight and lift well accessories. But
basically the site will look and function the same it is now. It
will just be updated.
-- - -— . - There is one drain pipe from Rt. 25 that cuts across the
site and comes in from the upper left hand part of our drawings,
and that pipe will be worked around so that it discharges
through the new bulkhead. Everything will be sealed back up so
that we'll have a tight finish and suitable for heavy highway
vehicles to utilize the ferries.
Again, I would be happy to answer any questions you might
have. This is an essential transportation facility. We have the
DEC permit, we have the Department of State consistency
determination. The Corps of Engineers had one question and they
are addressing that through special conditions in their permit,
which is that this project will not obstruct navigation ways of
public trust waters of the United States and the state. And we
have responded to them and said certainly, you know, we are
occupying the same slip configuration that is currently utilized
and, um, but this is a secured basin part of the Homeland
Security department and there are armed guards at the site. This
is not really subject to the public navigation regulations of
the Corps of Engineers. And they admitted that, but we still
have that permit condition, and we'll abide by it.
If you have any questions, I'll be happy to answer them.
TRUSTEE KRUPSKI: Keith, thank you, for that very thorough
summary. Speaking for myself, when we reviewed the file it does
appear to be a necessary and straightforward project.
Are there any other comments from the Board or is there
anyone else that wishes to speak regarding this application?
(Negative response).
MR. BELNIAC: At the moment there are no additional raised hands
or texts in the Q and A.
TRUSTEE KRUPSKI: Thank you. Hearing no further comments, I make
a motion to close the public hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve the Wetlands and
Coastal Erosion application as submitted.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number three, P.W. Grosser Consulting Engineer
& Hydrogeologist, P.C. on behalf of U.S. DEPT. OF HOMELAND
SECURITY requests a Wetland,Permit and a Coastal Erosion Permit
for a Ten (10) Year Maintenance Permit to dredge Plum Island
Animal Disease Center's Orient Point Harbor to allow for the
continued use of the harbor for passage and freight ferries
Board of Trustees ; 21 October 14,2020
essential to the operation of the facility; hydraulically dredge
Plumb Island Animal Disease Center's Orient Point Harbor to an
over dredge depth of-17.63ft. NAVDD88 or 16 feet MLW (14' MLW
plus a 2' over dredge depth); spoils are proposed for the use as
beach nourishment at Orient Point Suffolk County Parks Land, as
determined applicable by the grain size analysis; up to 9,200
cubic yards of spoils is anticipated during the first
maintenance dredge event with a total not to exceed 29,000 cubic
yards over ten (10) years; activities anticipated under this
permit were previously approved under NYSDEC Permit
#1-4738-00158/00014 and #1-9901-00005/00011.
Located: 40550 Route 25, 41425 Route 25, Orient and 3250 &3380 Point
Road, Orient. SCTM# 1000-15-9-9, 1000-15-9-6.1, 1000-16-2-1 & 1000-6-2-2
The Trustees reviewed the permit on October 7th, 2020,
noting that the project dredge spoils would go to the Suffolk
County parkland property at Orient Point, and otherwise no
additional notes.
The LWRP coordinator found this action to be consistent.
The Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
Is there anyone here that wishes to speak to this
application?
MR. BELNIAK: Once again, for anyone new, please use the "raised
hand"function in the lower bottom area of Zoom or*9 from the
telephone. We do have a raised hand. It's Amanda Lauth.
Amanda, I've sent a command for you to open your mic and when
you do, the floor is yours.
MS. LAUTH: Good evening, this is Amanda Lauth, with P.W. Grosser
Consulting and I'm here on behalf of the applicant Department of
Homeland Security, and I'm happy to answer any questions the
Board of Trustees may have, or the public. Thank you.
TRUSTEE WILLIAMS: Thank you. Does anybody have any questions?
(Negative response).
TRUSTEE BREDEMEYER: No questions
TRUSTEE WILLIAMS: All right, I make a motion to close the public
hearing.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application as
submitted.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number four, P.W. Grosser Consulting Engineer
& Hydrogeologist, P.C. on behalf of U.S. DEPT. OF HOMELAND
SECURITY, PLUM ISLAND ANIMAL DISEASE CENTER requests-a Wetland
Permit and a Coastal Erosion Permit for a Ten (10) Year
Maintenance Permit to dredge the Plum Island Harbor; an
estimated yearly maintenance dredge would generate up to 4,400
cubic yards of spoils with a total volume not to exceed 29,000
cubic yards over the ten (10) year period; the dredging is
i
Board of Trustees 22 October 14,2020
i
needed to allow for continued use of the harbor for passenger -
and freight ferries essential to the operation of the facility;
spoils are proposed for use as beach/dune nourishment and placed
directly on the shoreline south of the harbor to the location
known as Pine Point, as was done with the maintenance dredging
performed under NYSDEC Permit#1-4738-01145/00012.
Located: Plum Island, N.Y. SCTM# 1000-132-1-30
The LWRP found this to be consistent.
The Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
The Trustees reviewed this application inhouse on October
7th, noting the project was a straightforward dredge application.
Is there anyone here who wishes to speak regarding this
application?
MR. BELNIAK: Once again, yes --sorry, a moment ago I was too
quick on the draw. You are now welcome to open your mic and
share comments.
MS. LAUTH: Thank you. Good evening, again, Amanda Lauth for P.W.
Grosser Consulting on behalf of the applicant, the Department of
Homeland Security. Again, I'm happy to answer any questions
that the Board of Trustees may have, or the public. Thank you.
TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak
regarding this application?
MR. BELNIAK: Nothing in the Q and A and no additional hands
raised at the moment.
TRUSTEE GOLDSMITH: Any questions or comments from the Board?
(Negative response).
Hearing and seeing none, I make a motion to close this hearing.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve this application
as submitted.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number five, J.M.O. Environmental Consulting on
behalf of ALICE HANLEY REVOCABLE TRUST requests a Wetland Permit
and a Coastal Erosion Permit to repair two damaged sections of
an existing slope protection; in the first area, remove approximately
400 sq. ft. of damaged concrete and loose stones;
place large boulders along the face of the exposed concrete
wall; place filter fabric and stone in the damage area; top with
stones and replace concrete fill; in the second area, remove
approximately 500 sq. ft. of damaged concrete and loose stones;
place large boulders along the face of the exposed concrete
wall; place filter fabric an stone in the damaged area; top with
stones and replace concrete fill; any cracks in the existing
±275' concrete slope protection wall is to be grouted.
Located: 6337 Castle Road, Fishers Island. SCTM# 1000-1-2-4
.Board of Trustees 23 October 14,2020
The Trustees did.an inhouse review of this application on
October 7th and noted that the Trustees were familiar with the
site, and that this particular application was straightforward.
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council did not make an
inspection and therefore no recommendation has been made.
Is there anyone here that wishes to speak to this application?
MR. BELNIAK: I don't see any hands raised or Q and A.
MS. CANTRELL: Glenn Just, do you know how to wave?
Glenn is the expediter for this.
MR. BELNIAK: Okay. There we go. Sorry, Glenn. The one time I
forget to remind people how to raise their hand. Yes, Glenn,
I'll send a commend for to you open your mic. When you do, the
floor is yours.
(No response).
Glenn, you should be able to open your mic. In the lower left
corner, look for a radio microphone icon. You can click that. If
you are on a PC or Mac. 1'11 send the command once more. If you
can't find that command and you are on a PC or Mac;Glenn, you
can also press, on the PC you can press the Alt key and A. That
should also open your mic, if you are on a PC.
(No response).
Glenn, if you would like, we are not seeing you come off-mute. I
don't know if you are here to answer questions or if you have
something to share. If you want to use the Q and A box, you can
let us know that way as well. I can read off what you type into
that, into the record. If that's'helpful. I've also sent an
un-mute command one more time to you.
(No response).
Members of the Board, I'm not sure, what we can do here is
Glenn certainly has the option to take himself off-mute. Sounds
like a technical difficulty of sorts.
TRUSTEE KRUPSKI: I don't believe we have any questions.
TRUSTEE BREDEMEYER: I don't believe the Board has any questions
with respect to this application.
MR. BELNIAK: Okay, Glenn. I'll ask if you have anything to
share, you can perhaps submit it through e-mail as a follow-up,
at the moment. The Board does not have any questions for you, so
I suppose that's good.
With that, the Board may proceed. I don't see any other
hands raised or any questions in the Q and A.
TRUSTEE DOMINO: Thank you. Hearing no questions or comments,
are there any questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted.
TRUSTEE KRUPSKI: Second.
Board of Trustees 24 October 14,2020
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next'application, number six,
En-Consultants on behalf of JAMES P. LATHAM requests a Wetland
Permit and a Coastal Erosion Permit to remove and replace
in-place+/- 55' timber groin with low-profile vinyl groin;
construct approximately 110 linear feet of low-sill vinyl
bulkhead in-place of existing timber bulkhead; construct +/- 18'
low-sill vinyl return; backfill with approximately 50 cubic
yards of clean sandy fill to be trucked in from an approved
upland source; and plant backfill area with Spartina
alterniflora (18" o.c.), to create approximately 1,470 square
feet of intertidal marsh; and to remove approximately 53 linear
feet of existing timber bulkhead remnants.
Located: 2805 Peters Neck Road, Orient. SCTM# 1000-32-1-12.1
1 reviewed this project, went down to the site. Also, we
discussed it as a Board.
The project has been deemed to be consistent under the LWRP
and has the support of the Conservation Advisory Council.
Is there anyone who wishes to speak on behalf of this application?
MR. BELNIAK: Once again, the "raised hand"function in the below
collection of menu buttons inside Zoom will'raise your hand. *9
from the telephone achieves the same. We do have one hand raised
at the moment. That's Rob Herrmann. Rob, I'll send a command to
your device to open your mic. When you do, the floor is yours.
MR. HERRMANN: Thank you. Rob Herrmann of En-Consultants on
behalf of the applicant. Briefly, this is a project that is just up the beach a
little bit from a couple of properties the Board looked at last month.
It's the replacement of an existing 55-foot timber groin structure with a low
profile groin structure that will be a maximum of 18 inches above grade.
And as I'm sure the Board saw, there is an old traditional bulkhead at the end
of that spit of land, approximately 110 linear feet of which are in the process
of failing, and there is low-lying eroded area behind it and approximately
53-linear feet of that bulkhead that is already failed.
So the proposal is to replace the groin as I just
described, to replace that next 110 linear feet of bulkhead with
a low sill vinyl bulkhead and create intertidal marsh behind it,
which would tie in nicely to the intertidal marsh on the east
side of that spit that is a little north of the beach, and then
just to permanently remove that last 53 linear feet of existing
timber bulkhead remnants.
TRUSTEE BREDEMEYER: Thank you. Any questions or concerns
of the Board?
(Negative response).
TRUSTEE BREDEMEYER: This project is also beneficial in that it
helps stabilize the entrance to Hallocks Bay where there is severe erosional
forces. Just a,local-boy observation.
All right, hearing no additional comments, I'll make a
motion to_close the hearing in this matter.
TRUSTEE KRUPSKI: Second.
Board of Trustees 25 October 14, 2020
i
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I make a motion to approve this application
as submitted.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number seven, Costello Marine Contracting Corp.
on behalf of 480 RABBIT LANE, LLC, c/o GREG BAUSO requests a
Wetland Permit and a Coastal Erosion Permit to remove existing
66' east bulkhead return and construct a new 66' return
in-place; remove 36' west bulkhead return and construct new 36'
return in-place; remove existing 52'jetty completely and
construct new 44'jetty in-place.
Located: 480 Rabbit Lane, East Marion. SCTM# 1000-31-18-10
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
this application.
The Trustees most recently visited this site on the 7th of
October. At the time the plans were a little confusing and the
Board believed that the seaward side of the bulkhead was being
applied for along with the pictures submitted. However, based on
some e-mail conversation between the office, it would appear
that it's the older failing return and also the groin that we
did look at.
So is there anyone here that wishes to speak regarding this.
application?
MR. BELNIAC: Once again, use the "raised hand"function in the
bottom command of Zoom control, or the Q and A text box, and *9
in the telephone to raise your hand. We do have one hand raised.
That is Jack Costello. Jack, I'll send a,command for you to open
your mic. Once you do, the floor is yours.
MR. COSTELLO: Hey, guys, I'm just here to answer any questions
about the application.
TRUSTEE KRUPSKI: Can you just confirm for us this section of
bulkhead to be replaced, is that further away from the bay?
Because it appeared in the field that that vinyl bulkhead is new
onsite in the --
MR. COSTELLO: That was replaced by somebody else years ago.
Like ten years ago. -And they never did the inshore returns.
They were buried. At the point of whoever did it did it. And
now the inshore returns back towards Rabbit Lane are now
exposed, and the homeowner would like to have that replaced,
along with the jetty.
TRUSTEE BREDEMEYER: You're saying, because there are vinyl
returns on each side of the vinyl bulkhead, you are saying that
the returns you are working on are further landward, the smaller
lengths of old deteriorated wood return?
MR. COSTELLO: That's correct. That's correct.
TRUSTEE BREDEMEYER: Thank you, for that clarification
Board of Trustees 26 October 14, 2020
i
TRUSTEE KRUPSKI: Then I have another note here in the file from
the Trustees saying that we would need plans reflecting no
height of groin no higher than 34-inches below the bulkhead cap.
Can we put that in as a stipulation?
TRUSTEE BREDEMEYER: We can stipulate that, I think.
TRUSTEE KRUPSKI: So we measured, because we needed a reference
point, Jack, for the height of the new groin, or the rebuilt
groin, I should say. So we measured down basically to the top of
the current groin from the top of the current bulkhead. And that
height was 34 inches. And we would not want to see the new
groin any higher than that.
MR. COSTELLO: That's fine.
TRUSTEE KRUPSKI: Okay-, is there anyone else here who wishes to
speak regarding this application or any other comments from the
Board?
(Negative response).
MR. BELNIAK: I don't see any additional hands raised or entries,
in the Q and A box.
TRUSTEE KRUPSKI: Okay, hearing none, I make a motion to close
the hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve the Wetland and
Coastal Erosion application with the following stipulation:
That the new rebuilt groin is no higher than 34-inches below the
bulkhead cap of the current seaward bulkhead.
TRUSTEE DOMINO: Second.,
TRUSTEE GOLDSMITH: All in favor?-
(ALL AYES).
WETLAND PERMITS:
TRUSTEE WILLIAMS: On to Wetland permits, number 1, J.M.O.
Environmental Consulting on behalf of CEDAR BEACH 1280 requests
a Wetland Permit to replace the timber house support piles on
the existing 1,070.82 sq. ft. one-story dwelling that has an
existing 265.35 sq. ft. concrete foundation, a 204.02 sq. ft. timber
porch, 12 sq. ft. concrete steps, 45 sq. ft. timber landing,
12 sq'. ft. timber steps, 15 sq. ft. timber steps and a 114 sq. ft.
timber deck.
Located: 1280 Cedar Point Drive East. ,Southold. SCTM# 1000-90-2-22
The Trustees visited the site on October 7th, 2020, noting
the project was very straightforward.
The LWRP program coordinator found the action to be
consistent.
And the Conservation Advisory Council did review the site
and they support the application with the installation of
gutters, leaders and drywells to contain storm water runoff.
Is there anyone here that wishes to speak to this application?
(Negative response).
Board of Trustees 27 October 14, 2020
MR. BELNIAK: You can raise your hand using the "raised hand"
function in the strip of Zoom buttons down below, or*9 on your
telephone or enter something in your Q and A box if you prefer to
text.
At this moment, scanning the list I don't see any hands
raised or text entries in the Q and A box. I mis-spoke. Yes, we
have a raised hand from Mal May. Mal, I've sent a command for
you to open your mic. When you do, the floor is yours.
MS. MAY: I'm Mal May, I'm a general partner of Cedar Beach 1280
Partnership. And so we are with the applicant. And I wonder if
Glenn Just is here. He's representing us. Glenn, are you here?
MR. BELNIAK: Glenn is in the audience. Glenn, if you would like
to try again, I can send a command to you to open your mic.
We'll give this a shot.
So again, Glenn, I sent a command for you to open your mic.
When you do, you should be allowed to speak.
TRUSTEE WILLIAMS: Ms. May, did you have any questions or
comments for the Board?
MS.- MAY: Yes. I was wondering if you would not mind repeating
what the project is, the summary you just gave. It didn't sound
like our project.
TRUSTEE WILLIAMS: The project description is a wetland permit to
replace the timber house support piles on the existing 1,070-square
foot one-story dwelling that has an existing 265-square
foot concrete foundation, and a 204-square foot timber porch, 12-square
foot concrete steps, 45-square foot timber landing, 12-square foot timber steps,
15-square foot timber steps.
Located, 1280 Cedar Point Drive East, Southold.
MS. MAY: Yes, that's the project. Thank you, for clarifying
TRUSTEE WILLIAMS: You're welcome. Any questions or comments for
the Board?
MR. BELNIAK: There is an additional hand raised as well as Q and
A. Just give me one moment. Thank you, for the Q and A. That's
the person speaking. There is an additional hand raised, James
Rich. James, I'll send a command for you to open your mic. When
you do, the floor is yours.
MR. RICH: Good evening, Chairman Goldsmith and members of the
Trustees board. I just want to just comment that this is an
existing house. It's been there approximately 70 years. There is
no proposed change to the size of the property, to the use of
the property. There is no extent or addition to bedrooms or
anything else. And I'm just a little bit surprised after 70
years that they would be required or asked to have gutters and
drywells. It's going to be another cost. This is an unheated,
un-winterized cottage, and the only reason we are doing this
work is strictly to stabilize the foundation. So if it has to
be, it has to be but it seems like a little aggressive to me.
Anyway, that's my comment. Thank you.
TRUSTEE WILLIAMS: Is there anybody else here that wishes to
comment?
(Negative response).
I -
Board of Trustees 28 October 14, 2020
MR. BELNIAK: There are no additional hands raised and nothing in
the Q and A box at the moment,
TRUSTEE WILLIAMS: I'll make a motion to close the public
hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 2, En-Consultants on behalf of LYNNE
S. CHANIN requests a Wetland Permit to remove and replace
in-place existing timber dock, consisting of a 3'x115' fixed
timber catwalk (to be reconstructed with open-grate decking), a
3'x12' ramp, and a 6'x16' floating dock situated in a "T"
configuration and secured by two (2) 8" diameter pilings; and to
connect the dock to water and electricity.
Located: 590 Fisherman's Beach Road, Cutchogue. SCTM# 1000-111-1-17.1
The LWRP found this exempt.
The Conservation Advisory Council resolved to support the
application with dark skies compliant lighting and through-flow decking.
The Trustees conducted a field inspection on October 7th,
question on the water depth and four-inch piles.
Is there anyone here who wishes to speak regarding this
application?
MR. BELNIAK: We do have a hand raised from Rob Herrmann who
spoke earlier. Rob, once again, you should be able to open your
mic and speak.
MR. HERRMANN: Thank you. So Rob Herrmann again, of
En-Consultants, on behalf of the applicant.
Just to respond to those couple of questions from field
inspections. Generally, the project seeks to replace inplace
and basically inkind except for the fact that through-flow
decking, the open-grate decking would be used for the
reconstructed catwalk. This dock was originally approved as
under the grandfather clause back in 1984 under permit#1872 for
the same applicant Lynne Chanin.
The float does reach 34 inches of water. It's an area that
is shallow along the immediate shoreline and then drops off
quite quickly.
And in terms of the post size, actually the plan is to use
4x4s for a good part of the catwalk but we had, I think I had
d
indicated six-inch piles. There is, if you look at the plan
view, you can see that roughly the last 29 feet of dock
structure, the dock takes a little bit of a turn. The landward
part is generally perpendicular to Fisherman's Beach Road, then
turns a little bit so the dock goes out more perpendicular with
the shoreline.
Board of Trustees 29 October 14, 2020
So that last 29 feet, that area they have had issues and
continue to have, you may have noticed when you are out there,
with that outer section of dock, you know, heaving a bit in the
winter. So what we would like-to do, if the Board is okay with
it, is to use the 4x4 posts, except to be able to use six-inch
piles for that last 29-foot run. So if you want to condition
the permit-that way, it would fit with the construction plan
that we had in mind.
TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing
to speak regarding this application?
MR. BELNIAK: Once again, *9 on the telephone or press the "raise
hand" button on the bottom area of Zoom. At the moment I don't
see any hands raised or entries into the Q and A box.
TRUSTEE GOLDSMITH: Any questions or comments from the Board?
(Negative response).
Okay with the four-inch up to the last 29 feet?
TRUSTEE KRUPSKI: Yes
TRUSTEE GOLDSMITH: Hearing no further questions or comments, I
make a motion to close this hearing.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE'GOLDSMITH: I make a motion to approve this application,
as submitted with the condition that four-inch piles will be
used for the fixed dock up until the last 29 feet, which can be
six-inch piles.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number three, Costello Marine Contracting Corp.
on behalf of JOSEPH & CAROLYN FERRARA requests a Wetland Permit
to construct a 3'x36' fixed dock.
Located: 185 Osprey Nest Road, Greenport. SCTM# 1000-35-7-1
The Trustees conducted a field inspection at this site on
October 7th; The notes read the question if there is sufficient
room on two vessels on a dock. Two vessels on the dock to the
south also. The neighbor to the north is concerned. Met with the
Board in the field and expressed his concerns.
There is also an e-mail from a Paul Fitzgerald.,I'll
summarize. It is not in support. It points out that the bulkhead
does not run in a straight configuration and therefore putting
in the dock.would impinge upon the neighboring dock. Therefore
they object to the approval in the strongest terms possible.
Additionally, the LWRP coordinator found this to be
inconsistent. The inconsistency arises from the fact,that the
applicant has not demonstrated the dock-meets Chapter 275-11
construction and operations standards. Specifically the
requirement that those wishing to construct meets the standards
pertaining to safe navigation of vessel around existing docks
and vessels.
Board of Trustees 30 October 14, 2020
In addition, the LWRP coordinator points out that the
applicant requires to show proof of the underwater lands,
ownership of the underwater lands.
The Conservation Advisory Council on October 7th resolved
to support the application.
Is there anyone here that wishes to speak to this application?
MR. BELNIAK: Yes, we have a couple of hands raised. Before I get
to those, just a reminder to everyone to raise your hand, please
look in the bottom row of commands in the Zoom application. If
you are joining us by telephone, the command is *9. And if you
would like to submit a question or comment through text, please
use the Q and A button down below.
The first hand raised is Jack Costello. Jack, I'll send a
command for you to open your mic, and when you do, the floor is
yours.
MR. COSTELLO: Thank you. Jack Costello. The dock lies within
the property lines of the applicant, and there will only be a
dock on the north side of the property. A dock on the south side
of the property will be over the property line. And these
pieces of property down in this area, it's a very weird
situation down in this area. I'm sure the Trustees are very
aware of that. But the dock itself is within his property lines
and a dock will only be moored on the north side of the dock.
Thank you.
MR. BELNIAK: Okay, we have another hand raised. Michael Cooper.
Michael, I sent a command to your device to un-mute your mic and
when you do, you should be able to speak.
MR. COOPER: Okay. Hi there. Yes, I'm the adjacent property up
to the mooring slip, the 20-foot mooring slip that the applicant
owns on the water. We currently have a dock that has been there
for about 50 years. We had a letter from our attorney Eric
Bressler, I'm not sure if all the Trustees were able to see
that. They dropped it off today. But not only does the proposed
dock violate the Southold Town Code 275-11, it also interferes
with our established riparian rights. And any applicable method
by determining, you know, whether riparian rights, whether
perpendicular method or practical location method, our dock runs
perpendicular to the channel. Theirs does not. The application
reflects this, is like impermissible proximity to our dock and
the dock to the south.
It's also noted that our bulkhead is'twice as long as the
applicant's 20-foot bulkhead. Actually, as an historical matter,
if you look at the original layout of the community, it's
regarded as mooring slots. And they are 26-feet in width. Okay?
Now, the issue is that there is a number of these mooring slots,
but they were'not intended to put docks there. The reason why
they are able to do that is, like our neighbors to the south, _
they take two parcels and they run a dock up the middle. And
that's how they get the allotted room in order to dock a vessel
there. This was intended, these slots were intended for a
mooring or a piling to keep your dinghy so you can row out to
Board of Trustees 31 October 14, 2020
your big dock. It's, you know, it's just going to be completely,
you know, it's too jammed up. They can't fit a dock in there.
And, you know, also I'm not sure what the intended use of the
dock is. I know this property attached to this has been, there
has been a lot of complaints that he violated the short-term
rental rules. So I'm unsure what the dock will be utilized for.
It's a short-term rental house. The applicant does have a giant
dock just down the street. So we are a little concerned on that
basis as well, are we going to have, if they do try and squeeze
a dock in there, will we have un-vetted vessels concerning being
draft and length potentially causing ongoing issues.
So, you know, I don't really understand how they could take
a look at that and say, oh, we can put a dock here. And in
regard to the survey or the underwater land, there is nothing in
the applicant's proposed site plan. These lines are basis no --
nothing other than, I mean I'm not sure what it is. Um, first
off it makes no reference to the land, the actual 20 feet of
land, that is ten feet in from the bulkhead. That is what the
applicant owns. To my knowledge they don't own underneath the
water. And as far as his right to the bottom, ours has already
been established. And it runs perpendicular to the stream and
it's been there for 40 years. So, you know, that's all I have to
say about that. I can't imagine anybody putting a dock in there
and making it work.
TRUSTEE DOMINO: Before I refer to the electronic transmission
from the law office of Wickham, Bressler& Geasa, I have a
question for the Town attorney regarding the LWRP's
recommendation that the Board require a written determination
about the underwater ownership of underwater lands. Has that
been done?
MR. HAGAN: If we can bring up--do you have the map there?
MR. BELNIAK: I don't have any maps. All I have for tonight's
meeting is the agenda.
MR. HAGAN: No;we are bringing up the screen here.
MR. BELNIAK: My apologies, I thought you were pointing to me.
MR. HAGAN: No problem.
MS. CANTRELL: I have to open this up first.
MR. HAGAN: That's good. We kind of want to see the whole
neighborhood there. If you look, these lines are not always 100%
lined up, but our cursory review of the tax maps that are there
show these individual lots that are all individual tax map
parcels that certainly appear, based on a cursory review of the
tax maps of the individually-owned underwater bottom lands here,
and it certainly appears like it was land that was designed to
be used for the dockage that we are seeing herein.
So this is, it's a question of whether or not it was
underwater bottom or not. It certainly appears there is a piece
of roughly ten feet that touches the ground, followed by"
underwater lands that then go out that seem to be consistent
with the historical docks that are there in the area.
TRUSTEE DOMINO: Thank you, very much.
Board of Trustees 32 October 14, 2020
TRUSTEE WILLIAMS: It looks like the property to the north, their
dock almost, you know, kind of touches on the private bottom of
the applicant.
MR. HAGAN: Well, the problem you run across when,you are
reviewing these lines that are laid out on the satellite photos
is absent more time to do a further and greater in depth
inquiry, it's tough to ascertain whether the lines here are in
the exact location or not.-I'll tell you that generally they are
in the general ballpark, and based on our office' cursory
review it seems like this was the intention when the tax-maps
were made.
TRUSTEE DOMINO: Thank you, very much for that.
One further comment, this transmission from the offices of
Wickham, Bressler& Geasa arrived just today, October 14th,
2020, a few minutes,before four o'clock. Therefore, none of the
Trustees has had an opportunity to review this in any detail or
depth. I don't believe any of you have seen it at all. I have
given it a very, very cursory examination earlier. It requires,
I believe, a good-deal more time, my time, to understand Exhibit
A, Exhibit B, and so forth. And I'm inclined to table this
application for further review of that and the cogent point
Trustee Williams brought up about the dock to the north, which
appears to constrict�the operation of this plot, and further
review of the underwater, the ownership of the underwater land.
That's my point.
TRUSTEE BREDEMEYER: Very reasonable point; it seems.
TRUSTEE KRUPSKI: I would agree with that.
MS.-CANTRELL: If I can interject, Michael Cooper just got muted
so you can talk. Now he's Q and A'ing saying the tax map is not
right. It's supposed to be fenced.
MR. BELNIAK: I took Michael Cooper off. That was just excessive
background noise. So, Michael, you are back in the meeting if
you like.
TRUSTEE GOLDSMITH: We were going to table this so we could
review that in further detail as well.
MR. COOPER: Okay. That's what I was just saying. I was just
laying it out before you were going to table it. So, thank you.
TRUSTEE DOMINO: Any other comments or questions from the Board?
(Negative response).
Any other questions or comments from the public?
(Negative response).
MR. HAGAN: Before you table, was there a survey that was
provided that details the property lines for this parcel and
possibly other parcels?
TRUSTEE-DOMINO: I do not believe so. I have not looked at the
most recent transmission to determine if it's in there. And we
have the plans from --
MR. HAGAN: The reason I ask is because I have a sneaking
suspicion,the Trustees are probably going to ask the Town
Attorney's office to do some research on the property lines. So
I want to know what is in the file with regard to this parcel
Board of Trustees ; 33 October 14, 2020
and/or neighboring parcels from the survey.
TRUSTEE BREDEMEYER: Definitely. And/or we might be asking for a
licensed land surveyor to go in and plot the lands and
extensions of the property lines.
MS. CANTRELL: Jack is still on if you want to --
TRUSTEE DOMINO: There is a survey. It doesn't show underwater
lands.
(The Trustees and Assistant Town Attorney are reviewing maps).
TRUSTEE GOLDSMITH: Is Jack still on to ask him?
MR. BELNIAK: Yes. Jack, if you would like to come back on and
answer questions or share comments. I sent a command to open
your mic.
MR. COSTELLO: I'm open guys. What was the question?
TRUSTEE GOLDSMITH: Is there a survey that we are missing as far
as underwater land and everything?
MR. COSTELLO: Well, it's on the -- yes, actually, I have a
survey right here in front of me. And it's indicated, it's the
same as indicated on the plans on page four of six. On the plans
that I did. And it reflects the same as the survey that I have
by Metzger. That is where those lines are drawn. I didn't make
them up. They are certified by Metzger. I'm just look for the
year on it. 1957 when this whole thing was first done.
MR. COOPER: 1957?
MR. COSTELLO: No, it was redone in'2013. I apologize.
TRUSTEE DOMINO: I have that in front of me. And we did --
MR. COSTELLO: And from what I can tell, the lines are very
accurate.
TRUSTEE DOMINO: I also notice it's a mooring lot. It's very
clear'about that. So.
MR. COOPER: Also, if I can interject. When you look at the
other, when you pull up the map of the other docks, those are
all, those are two slots, they put two slots together and put a
dock up the middle. Not every single individual 20-foot parcel
has a dock there. The reason why is because it's only 20 feet
wide. It was meant to put a dinghy so you can run out to your
boat. Not a 30-foot cabin cruiser. You know, over time they put
them in, but they split the difference. Two owners split the
difference. There is not enough room.
TRUSTEE KRUPSKI: Thank you.
TRUSTEE DOMINO: Thank you, for that. Any other questions or
comments?
(Negative response).
From the Board, from the public?
(Negative response).
MR. BELNIAK: I don't see any from the public.
TRUSTEE DOMINO: Hearing none, I make a motion to table this
application so that the Trustees can adequately review, A, this
most recent transmission, and afford the Assistant Town Attorney
the opportunity to further look into the water lands and the
juxtaposition of the floating dock to the north which appears to
impinge upon what is shown on this survey from John Metzger,
I
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Board of Trustees 34 October 14, 2020
received May 29th, 2020. That's my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number four, Costello
Marine Contracting Corp. on behalf of FERNANDO & MARIA VILLA
requests a Wetland Permit to construct a 4'x6' cantilevered
platform off of existing bulkhead; install a 32"x12' seasonal
aluminum ramp onto a 6'x20' seasonal floating dock secured by
two (2) 2" diameter steel pipes; and provide water and electric.
Located: 15 Sun Lane, Southold. SCTM# 1000-76-1-1
This project is supported by the Conservation Advisory
Council, and has been deemed to be consistent with the Local
Waterfront Revitalization Program.
The Conservation Advisory Council, in supporting the
application, recommended a ten-foot non-turf buffer.
The Trustees, in performing their inspection on October
7th, noted and did photograph that the proposed location of the
6x20 float is exactly opposite a fixed through-flow catwalk
across the creek.
So based on that inspection, the concern was that this will
potentially make navigation and docking a bit difficult for both
parties, and the Board was recommending that the 6x20 float be
moved to the west, or to the left, as you face the water, by
approximately the width of the float, about 20, a little bit
over 20 feet. This would coincide with locating the float just
to the left of, there is a small turn, a small turn in the
existing bulkhead which also shows up on the Costello plans.
So it would be our recommendation that that could be moved.
And the Board also recommended a five-foot non-turf buffer,
noting that there is a highly maintained fertilized lawn right
up to the bulkhead. ,
Is there anyone who wishes to speak on behalf of this
application?
MR. BELNIAK: As a reminder, you can hover over the bottom
section of Zoom to raise your hand; you can also use *9 if you
are dialing in from your telephone; and use the Q and A box to
enter a text-based comment or question.
With that, we have one hand raised so far, that is Jack
Costello again. So, Jack, you should be able to open your mic
and speak once you un-mute.
MR. COSTELLO: Hi guys. This waterway is, you know, only for
small vessels. Whether we move the float 20 feet one way or the
other, I don't think we are impeding navigation because of the
size of the vessels going through this waterway. It's a very
minimal waterway, and the project, we kept, you know, as
minimalistic as we could, and we placed it in an area that was
comfortable for the applicant. You know, I'm not really sure
about tabling this one to move forward, unless you guys feel
strongly about it. It doesn't seem to impede navigation to me
IF
Board of Trustees 35 October 14, 2020
because the vessels moving through this area are very, very,
small. Thank you.
TRUSTEE BREDEMEYER: Thank you. I think the Board's concerns
were ample. I believe based on the discussion at our last work
session that we felt that this was simply trying to avoid
problems. That moving it 20 feet actually keeps it immediately
behind the home for immediate access from the home. It's not
like we are moving it so it becomes -- it does not appear to us
to be an inconvenience for the homeowner. So I felt, my take
from the public work session discussion, was that the Board is
fairly firm in requesting this move, and so that is where we are
at on that.
If you want to request to table it at the applicant's
request to see if there is an issue that somehow we are missing
that by moving it we are somehow making it inconvenient in some
manner for the homeowner. I guess we can also wait and table it
to see what comes back from the homeowner.
MR. COSTELLO: Fair enough, Jay. If the Board feels strongly
about moving it 20 feet, that's fine. We'll revise our plans so
you can approve it, and submit the new plans as per your request.
TRUSTEE BREDEMEYER: Thank you. Also, given the fact there are
joint comments from the Conservation Advisory Council and for
the Board for a five-foot non-turf buffer, could we request
including a five-foot non-turf buffer on that plan revision?
MR. COSTELLO: Yes, Jay, you got it.
TRUSTEE BREDEMEYER: Any additional questions from the Board?
(Negative response).
Additional questions from the public?
(Negative response).
Not seeing any, I make a motion to table this application for
this submission of new plans showing that the dock structure be
moved at least 20 to the westerly, so that the float is just to
the west of the slight turn, and the dock that is evidenced on
the plans and plans to include a five-foot non-turf buffer.
That's my motion.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES)
TRUSTEE KRUPSKI: Number five, Costello Marine Contracting Corp.
on behalf of JOSEPH & PATRICIA BRANTUK requests a Wetland Permit
to construct a 4'x20' open-grate landward fixed ramp onto a
4'x67' open-grate catwalk onto a 4'x82' open-grate fixed dock
with a 32"x12' seasonal aluminum ramp onto a seasonal 6'x20'
floating dock chocked off of the bottom situated in an "I"
configuration and secured in-place by four 8" diameter pilings.
Located: 44632 Route 25, Southold. SCTM# 1000-86-6-31.3
The LWRP coordinator found this to be inconsistent. The
proposed action is located within New York State Department of
State Significant Fish &Wildlife Habitat Area and New York
State Critical Environmental Area and the Peconic Estuary
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Board of Trustees 36 October 14, 2020
Critical Natural Resource Area. A full Coastal Fish &Wildlife
assessment form is attached.
Protect and restore tidal and freshwater wetlands. The applicant
fails to provide the actual means and following requirements of
Chapter 275-11. Construction.operation standards (c)(2)(d) of
Southold Town Code. Review and approval of dock applications
before issuing a permit for a,dock structure. The Trustees shall
consider whether the dock will have any following harmful
effects: Whether the dock will impair navigation or be located
in areas of high vessel traffic or vessel congestion. The
applicant has not demonstrated that the proposed 199-foot dock
would not impair navigation to small watercraft, kayaks and
other vessels; whether the dock will unduly interfere with the
public use of waterways for swimming, boating, fishing,
shellfishing, waterskiing and other water-dependent activities.
The net loss of public use of waterways is suspected as a result
of the construction of such a large structure being on such
public waterways. The proposed vessel dimensions, orientation
directives have not been identified. Whether the dock will cause
degradation of surface water quality and natural resources,
degradation of the water quality in Richmond Creek is a concern.
Recent aerial photos show red coloration and upper reach
indicative of algal blooms linked to nutrient loading.
The shallow depth of Richmond Creek is not suitable for the
operation of water power vessels and increased turbidity and/or
bottom scarring can occur. Turbidity has been shown to
adversely impact benthic species and submergent vegetation. The
chocking of the floats to prevent resting on the bottom also
indicates the shallow depth of the creek is problematic for
supporting a dock in this location. He also references habitat
fragmentation.
At the discretion of the Board of Trustees, any operation
proposed in a critical environmental areas may be subject to
more stringent requirements than have been detailed in this
section. Such requirements may include but are not limited to
denial of certain operations, shortening or reducing the size of
the structures and increasing the width of non-disturbance
buffers.
Diamondback Terrapin are vulnerable to disturbance by
humans from April 1st through August 15th, nesting shore birds.
Habitat and beach on Richmond creek are highly vulnerable to
disturbance by humans. There is a high probability that
commercially viable shellfish species occur in the proposed
location of the dock structure, bottom scarring would be
expected due to low water depths in this creek. Alterations to
tidal patterns in the marsh could have major impacts on the fish
and wildlife within this creek. Any activity that would
substantially degrade the water quality of Richmond Creek would
adversely affect the biological productivity of this area. All
species of fish and wildlife are affected by water pollutants
such as chemical contamination including food chain effects as
Board of Trustees 37 October 14, 2020
result of bio-accumulation of oil spills, sedimentation,
excessive turbidity'and water runoff, with waste disposal "
including boat washes.
The alternative use of seasonal moorings might be more
appropriate. Preserving public interest: The placement of a
private residential 199-foot dock structure in public land trust
and water results in a net loss of public use of such water
lands. Due to a high ecological value of Richmond Creek, a
seasonal mooring is a better option in this instance.
That is a summary of the LWRP coordinator's report.
The Conservation Advisory Council resolved to support this
application with a condition that the overall length of the
docking facility does not exceed 85 feet. The proposed length of
the dock is excessive for this area.
I do have an Army Corps of Engineers permit and DEC permit
based off a letter in the file.
Lastly, the Trustees most recently visited this site on the 7th
of October. The notes, all were present. The notes read as
follows: Pull dock back to match the dock to the north. Fixed
configuration not a float due to insufficient depth or pull back
to a 2.1 foot depth. Essentially stating that the dock is a
little excessively long and echoing some of the concerns of both
the LWRP coordinator and the Conservation Advisory Council.
Is there anyone here that wishes to speak regarding this
application?
MR. BELNIAK: We'll give that a moment. Again, the "raised hand" on
the bottom list of commands with Zoom. Hover your mouse over the
area. *9 if you are on-the telephone. And use the Q and A box
to submit a text-based comment. At the moment there are no hands
raised and nothing in the Q and A.
MS. CANTRELL: Jack Costello is actually, if you want to un-mute
him
MR. BELNIAK: He's here. He's welcome to share his mic. He has
not raised his hand.
Jack, if you would like to speak, you can raise your hand.
I have already sent an un-mute command. If not, we have Jane
Costello. Jane, we'll send a command to you to open your mic.
When you do, the floor is yours.
Costello, if you would like to use the Q and A box
to submit questions, you can.'
Jack, you are now off mute.
MR. COSTELLO: Yes. If there are any direct questions, Jane is
having a hard time with her mic. If there is anything I can help
with, I don't have the file in front of me. Jane and my father
will deal with this. I'm glad to help in any way I can.
TRUSTEE KRUPSKI: Seeing as it is not your direct application,
I'm not sure if you can help us. But I guess if you wanted to
address some of the Board, Conservation Advisory Council and
LWRP coordinator's concerns, I think the dock is a touch too
long and also we would like\to see it go to a fixed platform.
But again, that's going to be difficult to discuss the
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Board of Trustees 38 October 14, 2020
application properly without your father.
MR. COSTELLO: Right. Hold on a second.
The dock is designed to take up no more than 30% of the
waterway as per Town Code. I think there is a water depth issue
there.
TRUSTEE BREDEMEYER: Jack, I extensively plotted this out and ran
numbers against your Army Corps, your DEC permit and using
Google Earth, and as proposed it's fully a third of the way
across the creek. Also, the Board's policy that has been
standing out for a number of years is not to allow chocking. So
that's why the Board is fairly adamant to compel any shallow
water areas where we have a possible failure of the chocking and
potential hazards surrounding with it with docks, floats up in
the air, we have definitely not been approving the chocking type
system. And there no real, it does not appear looking at the
underwater survey and the hydrographic levels, there is no real
benefit to going further out, so that the 2.1 we arrived at for
the end of the fixed seemed to be reasonable, and it would help
the Board address the LWRP concerns in that an open-constructed
dock with through-flow will still allow people to shellfish in
and around it, kayakers should not be too inconvenienced, and
depending on the tidal stage should be able to crab underneath
it, kayak underneath it, etcetera
MR. COSTELLO: Can I ask the Board when is the last time they
passed a float that was on chocks?
TRUSTEE KRUPSKI: It's been quite some time. Several years that
that has been the practice of this Board.
MR. COSTELLO: Okay, so this Board has not approved a float on
chocks. I'm just trying to confirm the statements.
TRUSTEE KRUPSKI: That's correct.
TRUSTEE BREDEMEYER: That's correct. It's been several years.
MR. COSTELLO: Okay, I think Jane is having a hard time. This
application has been going on for quite some time and, um, I
don't want to speak beyond my rights but I would say to table
the application until we can address whether a stationary pier
would be acceptable to the client. Like I said, I don't have the
file in front of me. In complete honesty.
TRUSTEE KRUPSKI: I would think that would be the most
appropriate action at this time. I just, you know, want to put
it out there for the record and hopefully, Jane, you and your
father are listening, that the Board, the LWRP coordinator and
the Conservation Advisory Council all feel pretty strongly that
at most that dock should match the length of the neighbors to
preserve what is essentially a pier line there. You know, we
don't have the benefit of a new dock to the south in that
location, but essentially we have to keep within the rough pier
line and work with what we have in that location. And this
application as it stands would not do that.
MR. COSTELLO: Okay, we'll have to address the issue of the
floating dock first of all then we'll have to address the 30%
rule that the Town of Southold adheres to and I think we'll have
Board of Trustees 39 October 14, 2020
to re-address this application.
TRUSTEE KRUPSKI: Sounds good. All right, is there anyone else
here that wishes to speak regarding this application?
(Negative response).
Or any other comments from the Board at this time?
(Negative response).
Hearing none, I make a motion to table this application for new
plans and further information with the expediter.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Can we take a five minute break, Mr.
Chairman?
TRUSTEE GOLDSMITH: Sure.
(After a recess, these proceedings continue as follows).
MR. BELNIAK: Also, as you are filing back into the room, there
is a question in the Q and A and it reads: Someone had joined
late and they are wondering if the Mattituck Park District
application has been discussed. I know in the beginning you guys
were grouping some things together and taking some things
separately, so I was just not sure how to reply.
TRUSTEE WILLIAMS: It's coming up shortly. Two more.
MR. BELNIAK: Thank you, very much. Mr. Laginestra, if you have
not heard that, I'll also reply in text form.
TRUSTEE WILLIAMS: Number six, Michael Kimack on behalf of
JONATHAN REBELL & NOAH LEVINE requests a Wetland Permit
to construct bluff stairs at 6610" in length consisting of a
4'x12' (48 sq. ft.) top'landing to a 4'x15.83' (63.3 sq. ft.)
staircase to a 4'x8' (32 sq. ft.) landing to 4'x15.83'
(63.3 sq. ft.) staircase to a 4'x4' (16 sq. ft.) landing to a
4'x2.6' (13.6 sq. ft.) staircase to a 4'x5' (20 sq, ft.) landing to
a 4'x11.8' (47.2 sq. ft.) staircase to a 5'x6' (30 sq. ft.) landing
to a bottom removable wood or aluminum 4'x4.2' (16.8 sq. ft.)
staircase.
Located: 4790 Blue Horizon Bluffs, Peconic. SCTM# 1000-74-1-35.56
The Trustees visited the site back in March. We had notes
that we were concerned with the clearing. And there was no
buffer. And an agent was going to draw up new plans. On October
7th, 2020, we reviewed the new plans that alleviated our concerns.
The LWRP found this action to be inconsistent, noting that an
aerial analysis shows the slope and condition of the bluff is
highly erosive and not stable, and therefore the installation of
a staircase without a bluff stabilization plan is not supported.
The Conservation Advisory Council did not review the
application due to COVID mandates at the time.
Is there anyone here that wishes to speak to this application?
MR. BELNIAK: Once again --we have a couple of hands raised.
Once again, *9 if you are dialing in from the telephone, and if
you move your mouse to the lower area of the Zoom, you can hover
i
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Board of Trustees 40 October 14, 2020
over the "raised hand" icon, and also use the Q and A box for a
text-based question or comment. So we do have a hand raised.
That's Mike. No last name given. So, Mike, I sent a command for
you to open your microphone, and when you do, the floor is
yours.
MR. KIMACK: Good evening. I hope everything is well with
everyone.
This is our second version of, the last time we met, as
Greg had so indicated, you required that we basically elucidate
on the plan the 40-foot non-disturbance along with, we choose to
use the 8x8 pressure treated beams along the landward edge of
that 40-foot non-disturbance area held down by the rebar. We also
then, along with that, moved the proposed staircase into, as much
as we could, the five-foot easement in order to allay your fears
that for whatever reason the people who had that easement might
consider building their own. We moved it in about three feet
because of the need to put beams on both sides. There was
absolutely no way anyone else would be able to put another
staircase within that five foot.
As to the LWRP concerns, from the very beginning when I
took on the project for the applicant he was aware of the
eroding condition as the entire slope pretty much, all along
there, is eroded along the way. The design of that staircase,
when you look at it is as strong as you can conceivably get it
using the 6x6 lateral cross braces five feet down on each one.
And I do understand that at some time in the future the
applicant may choose to stabilize that particular bluff, but the
staircase in a sense stands alone because whether or not there
is a-stabilization that goes in, there really is never any
guarantee that the stabilization in and of itself, whatever is
chosen, is really going to be able to stabilize the bluff. It
all depends upon how it's done, the materials used, the height
of it, whether or not it's high enough, if they use a revetment
stone, if it's high enough to make sure the water doesn't
over-cap and get back at it. And the revetment stone alone
without absolutely reconditioning the entire slope, and perhaps
hardening it all the way,up, would probably be the only way you
would be able to guarantee it.
The owners were aware of that when they asked me to pursue
the staircase. The staircase is and should be a standalone
issue. It's going to be, basically, as many, many, staircases,
it may be subject to future erosion or future storms, but
whether or not that revetment or any other type of wave
stabilizing that float is going to be put in place, there is no
guarantee the stairway would be any safer.
Are there any questions of me?
TRUSTEE WILLIAMS: Mike, you had indicated earlier on that the
property owner is intending to do some bluff stabilization work
in the near future?
MR. KIMACK: Yes. Look, I could pass on, basically, that they
have, they were looking in with another expediter, obviously not
I _
Board of Trustees 41 October 14, 2020
me, which is fine. They were looking to explore the possibility
of doing something, I'm not aware of what that is. I don't know
whether or not it would solve the issue or solve the problem,
would guarantee the safety of the staircase. It doesn't really
matter because, I mean, you've seen a lot of work being done
that sometimes the storms just overcomes that, sometimes it's
not up to snuff. I hope that whatever is done over there is
something that stabilizes for a long-term, but I do understand
the condition of that slope and I do know in my own,mind what
would be necessary to make sure the stabilization effort would
be more enduring than just throwing three to five-ton rock
revetment stones on the bottom, because in and of itself without
them being high enough to make sure that they are over the, at
that particular time, the LV line down there will be about 15 in
this area, and in 2022 it will be 16. It may not necessarily be
the wherewithal and the guarantee you are really looking for.
So, yes, that may be in the future, but the staircase in
and of itself, and they may choose to hold until that is done,
but I think that would be their choice to do, and perhaps do
whatever work they are doing in conjunction with the staircase.
But I only got a part of it, and my part was to do it in the
condition that I found, designing the staircase to withstand
that condition to the extent possible.
TRUSTEE WILLIAMS: Would you,and your clients be agreeable to a
condition of the permit to include the staircase would take
place after the bluff stabilization to address the concerns of
the LWRP?
MR. KIMACK: I have not spoken to my client about that. I
apologize. I was not quite sure exactly how far this issue would
go. I mean, obviously it doesn't necessarily mean, it will be
relative to the amount of cost involved with putting that in,
Greg. In terms of, and when it would actually be done,
primarily.
Um, is there a way, I mean it's not something I'm
authorized to answer without actually consulting my client. I
apologize for not having assumed it was going to have to be
brought up at the meeting. I mean, to the extent you might
consider doing it. I was hoping to be able to convince you
otherwise. But if that's something that we need to do, I need
to contact my client in order to find out.
TRUSTEE WILLIAMS: Trustees, do we have any input that would be
helpful?
TRUSTEE KRUPSKI: I mean, my thoughts would be if we approve this
and it gets wiped out, I would not want to see it rebuilt without
some sort of a revetment structure at the bottom because, I mean
we have been down this road before with the neighboring
property.
MR. KIMACK: Nick, that's not a bad idea. Perhaps that is
something, if he had the right to build it originally, the
condition would be that if it's wiped out or severely damaged,
he could not restore it unless he had a revetment or some level
f
i
Board of Trustees 42 October 14, 2020
I
of stabilization in place.
TRUSTEE WILLIAMS: I think the LWRP concerns are putting us in a
difficult spot. You know, we would have to, moving forward, if a
permit were to get issued, we would have to have some sort of
condition addressing that, you know, the commencement of the
project couldn't start until there was some sort of
stabilization in place. I mean, you know, again, if the Board
voted on it and a permit was issued, we would have to have some
sort of condition of that permit that construction of the
stairway couldn't take place until there was a bluff
stabilization plan approved by this Board in place. So that's
where'I'm, you know, unless somebody else feels differently, I
think that's where we are at, because we do need to address the
LWRP's concerns before we can move forward.
MR. KIMACK: Well, that position would not necessarily require me
consulting with my client. That's something the Board might
feel strongly enough about to do without any further input by
myself or my client. If that's a condition you are going to
place upon it in order to move forward as a result of the LWRP
consideration on that, obviously that is something that --
TRUSTEE WILLIAMS: So would you like the Board to move forward or
would you like the Board to table this so you can have that
conversation with your client, keeping in mind that the Board is
meeting again this month in two weeks.
MR. KIMACK: You know, that would not be a bad idea. I appreciate
that time element. I think it would be appropriate to consider
it with him. Obviously when I talk to him, indicating your
strong feeling that that condition has to be part of the permit.
So it's not something that I think at this particular time, I
really would like to make him aware of it as a result of the
issuance of the permit. I think that is a, that's in fairness to
my client. And I,appreciate the time. But the end result in
terms of the way you would like to be able to put that language
in the permit is something I think I got a feel for, that is
something that is not going to be negotiated. Is that a fair
look at it?
TRUSTEE WILLIAMS: I think that's a fair statement.
MR. KIMACK: Okay. If you can --
TRUSTEE WILLIAMS: I understand that you do have what I consider
to be a very good design in the way the stairs are constructed
to withstand, but again, at the end of the day, and, you know, I
can only speak for myself, I don't think we need to see an
entire bluff stabilization, but some sort of erosion control at
the base of the stairs just to really protect the stairs.
Again, there is a neighbor, a property several properties
to the west of that that has a similar feature, with a very
basic rock revetment around the landing that goes to the beach
to just try and hold that in place.
MR. KIMACK: You know, on that, Greg, if that is simply going to
be the addition, the question then is does that rock revetment
have to be shown on the drawing also.
Board of Trustees 43 October 14, 2020
TRUSTEE WILLIAMS: The answer is yes.
So at this point in time would you like to table this application?
MR. KIMACK: Yes. Obviously, because I think you have given me a
little bit. I mean if the revetment is simply to stabilize that
area with which the staircase will be landing, that portion of
it, that portion of it, I think that's basically what we are
talking about, rather than the full-blown revetment
stabilization or whatever it is across the entire property line.
And it's somewhat, if we are looking at the water, it's somewhat
would be to the west, a couple of properties over to the west
that you are referring to, Greg? The one that you issued the
permit for?
TRUSTEE WILLIAMS: Correct. The next stairway to the west of your
property.
MR. KIMACK: Yes. It's two properties over. Yes. I looked at
that. The permit was issued on that and I think there is some
stabilization revetment work on the bottom of where the
staircase ends against the bank there.
You would be looking at least as a minimal, you would be looking
for something like that.
TRUSTEE WILLIAMS: Something similar in design and fashion. And I
I think if that were incorporated into that, this plan would
satisfy the LWRP concerns.
MR.'KIMACK: Fair enough. In order to do that, though, we
probably would not be able to make it within the next meeting of
two weeks. I would have to ask probably at least for next
month's hearing, in order to come back with a site plan.
TRUSTEE WILLIAMS: I'll leave the ball in your court on that. And
you can talk to the office, and if you can move it along quicker
I think we can get it on that meeting.
TRUSTEE GOLDSMITH: November works better.
TRUSTEE WILLIAMS: Okay, that works better. At this point I'll
make a motion to table this application at the applicant's
request.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
MR. KIMACK: Thank you. Have a good night.
TRUSTEE GOLDSMITH: Number 7, L.K. McLean Associates, P.C. on
behalf of the MATTITUCK PARK DISTRICT requests a Wetland Permit to
demolish one building (148 sq. ft. yellow shed), and to construct
a new 250 sq. ft. comfort station for those residents and tourists
utilizing the park/beach which will include a conventional
foundation, ADA accessible walkways, a new sanitary manhole with
pump, electric/water service from pavilion, and restoration
proposed to disturbed areas using native beach grass.
Located: Veterans Memorial Park, 11280 Great Peconic Bay Boulevard,
Mattituck. SCTM# 1000-126-6-18
The LWRP found this to be consistent.
The Conservation Advisory Council resolved to support this
application.
i
Board of Trustees 44 October 14, 2020
The Trustees have been to this site multiple times, and
most recently conducted an inhouse inspection on October 7th,
noting it was straightforward.
Is there anyone here who wishes to speak regarding this
application?
MR. BELNIAK: Once again, the raised hand, hover your mouse over
the bottom area of Zoom to see that high-five icon; *9 if you
are joining us telephonically; and the Q and A box if you would
like to enter a text-based question or comment.
At the moment, I see there is one hand going up. There is
one hand going down. All right, one hand going back up. So,
Maureen Deegan, I'll send the command to you to open up your mic,
and once you do, the floor is yours.
MS. DEEGAN: Hello. The sidewalks around that building, that new
bathroom building, are not complete. I would like to see the
sidewalk more handicap accessible. And for getting from the
parking lot you have to cross in front and come around and cross
in front of a bunch of cars that are parked up against the rail.
So it's not real clear access to the bathrooms for the
beachgoers. And I would also like to see the sidewalks connected
with the outdoor shower area, so that it makes more sense to
keep people on a pathway or sidewalk as you come from the beach
to the shower to the bathroom, and have it all connected. And at
the moment that is not anything like that. And it's kind of
haphazard the way it sounds right now, the way I see it.
TRUSTEE GOLDSMITH: All right, thank you. Just for the record,
the project description of ADA compliant accessible walkways.
That is part of the project description.
Is there anyone else here who wishes to speak regarding
this application?
MR. BELNIAK: We have one more hand raised. Vic Laginestra. Vic,
I'll send the command for you to open your mic, and when you do
you can join the conversation.
MR. LAGINESTRA: Hi, my name is Vic Laginestra. We were wondering
exactly what is being built and what is being demolished in that
area, because it was not clear in the site plan that was sent to
our home.
TRUSTEE GOLDSMITH: According to the project description,
demolish one building, it's a 148-square foot yellow shed and
they'll be constructing a new 250-square foot comfort station.
MR. LAGINESTRA: But the comfort station is already there.
TRUSTEE GOLDSMITH: As the senior clerk typist pointed out, the
permit, current permit expired during construction, which is why
they had to renew it. So this was an approved project that
previously just had expired.
MR. LAGINESTRA: So is the building between the comfort station
and the main building, is that going to be destroyed?
TRUSTEE WILLIAMS: It's a 148-square foot yellow shed, yes.
MS. CANTRELL: I think this shows what is coming down. Do you
want me to put this up on the screen?
MR. HAGAN: Yes, why don't you share it.
h
Board of Trustees 45 October 14, 2020
TRUSTEE GOLDSMITH: As you can see here, if you are on line, that
black rectangle existing building and foundation is to be
removed, right there. That is the only structure that is going.
MR. HAGAN: And that may have already been removed, correct
TRUSTEE GOLDSMITH: Yes. So that's it. Unfortunately the permit
expired, which is where we are at right now, just renewing
something that expired. `
Some of the construction was done. Most of the construction
was done. But now we just need to extend the permit for
completion.
MR. LAGINESTRA: So the only thing that is going to occur is the
demolition of that building between the comfort station and main
building. Is that the only thing left?
TRUSTEE GOLDSMITH: I believe so, yes. That's it. Demolish one
148-square foot yellow shed.
TRUSTEE WILLIAMS: You might want to reach out to the Parks
Department for clarification to see what stage of the project
they are at. They would probably have a better handle on exactly
the timeline and what is going on.
MR. LAGINESTRA: We went down there and they didn't know. They
didn't know anything about it.
TRUSTEE KRUPSKI: The building that was constructed is all that
will be constructed, and the existing yellowish shed, the
already existing building, is the only thing to be removed.
TRUSTEE GOLDSMITH: Pretty much the project at this point.
MR. DEEGAN: That has already been removed.
TRUSTEE KRUPSKI: Which has already been removed. Thank you.
TRUSTEE GOLDSMITH: This is pretty much a done project at this
point.
TRUSTEE WILLIAMS: This is more of a housekeeping item for them,
to extend the permit. Due to COVID, construction was delayed
and the permit had expired.
TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak
regarding this application?
MR. LAGINESTRA: No, thank you.
TRUSTEE GOLDSMITH: Seeing no hands, are there any questions or
comments from the Board?
MR. DEEGAN: Yes. That yellow building was removed. That was the
building that was removed and the comfort station was installed
in its place. But the walkways around that building that need to
be finished. That needs to be addressed, the entrance to the
parking lot.
TRUSTEE GOLDSMITH: Yes. The construction was not completed in
time for the existing permit, which is why we are doing
housekeeping now to do an extension or new permit for a
partially completed project so they can finish that project.
MR. HAGAN: The project description you are looking at right now
matches the project description from the previously issued
permit of which construction began but was not completed before
the permit expired. In order for the people to complete this
project and get a certificate of completion from the Board of
Board of Trustees 46 October 14, 2020
Trustees, they needed to re-file this permit application so that
this way they can have the work that has been done and the work
that is still pending completed in accordance with the original
project description,of which you are essentially seeing 85%
completion at the location. So this is simply a housekeeping
application to allow for the Mattituck Park District to get
their final sign-offs for the project that was.already applied
for and granted some time ago when that permit expired.
TRUSTEE GOLDSMITH: Thank you.
MR. DEEGAN: But I would like to see the sidewalks completed.
That makes sense.
TRUSTEE GOLDSMITH: We need to approve the permit so they can
build said sidewalk, is where we are at.
TRUSTEE WILLIAMS: Absent having a current permit in place, they
are at a standstill.
TRUSTEE GOLDSMITH: Are there any other questions or comments
from the Board?
(Negative response).
Hearing or seeing none, I make a motion to close this hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve this project as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES). _
TRUSTEE DOMINO: Before I begin number eight, let me apologize in
advance for any mangling of the names involved in this
application.
Number 8, Chris Rivera on behalf of PANAYIOTIS & PANAGIOTA
BASIOS requests a Wetland Permit to construct an approximately
30'x50' in-ground swimming pool; pool patio pavers around pool
approximately 60'x50'; and pool enclosure fencing to be added to
existing fencing with a gate.
Located: 2505 Soundview Avenue, Mattituck. SCTM# 1000-94-1-12.2
The Trustees on September 9th did an inspection on the
site, at which time they noted that the top of the bluff was
heavily vegetated and the concern is that the fence there would
damage vegetation, and suggested moving the fence back
approximately 12-foot landward. And at a previous hearing this,
I believe this application was tabled to address that. We are
awaiting new plans depicting the relocation of that fence.
On September 24th, we received those new plans, and the LWRP
coordinator found this to be consistent.
The Conservation Advisory Council resolved to support the
application with the new revised plans.
Is there anyone here to speak to this application?
MR. BELNIAK: Once again, the "raised hand"function is at the
bottom area of the Zoom,application. It looks like a high five;
Board of Trustees 47 October 14, 2020
or*9 from your telephone to raise your hand, or use the Q and A
for your text-based comment.
At this time scanning, I don't see any questions in the Q
and A and I don't see any hands raised.
TRUSTEE DOMINO: Are there any questions or comments from the
Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted, noting that revised plans address the Trustees concerns.
TRUSTEE BREDEMEYER: Second
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Number 9, Paul Pawlowski on behalf of
TIMOTHY McMANUS requests a Wetland Permit to install a 15'x25'
in-ground swimming pool; pool safety fencing; and a 100' long
retaining wall.
Located: 7725 Nassau Point Road, Cutchogue. SCTM# 1000-118-4-5
This application has been deemed consistent under the
Town's LWRP.
The Conservation Advisory Council voted to support this
application.
The Trustees performed an inspection on August 11th. A
number of questions remain in relation to the application where
the description seems somewhat short on the information, as well
as the application itself didn't disclose some important
information; That being there is no real way to gauge the height
of the retaining wall. There is no discussion of the amount of
fill, and there in fact is shown fill on the side diagram. The
Board would be having discussion concerning creating a non-turf
buffer. And the proposed fence location raised questions whether
it would meet the building code for the safety of fences, and
since the Board would be reluctant to approve a fence that would
not otherwise meet Building Department approval.
Is there anyone here who wishes to speak on behalf of this
application?
MR. BELNIAK: Once again, the "raised hand" button is at the
bottom area of Zoom. It looks like a high five; *9 from the
telephone; or the Q and A box for a text-based question or
comment.
Looking over the list of the attendees, I don't see any
hands raised at the moment nor do I see anything in the Q and A
box.
We do have a hand raised. I may have spoken too soon. It's
a telephone comment. So will the person, there is a telephone
ending in 995, I'll send the command for you.to open your mic.
If you don't get that, it's also *6, that takes yourself
I
Board of Trustees 48 October 14, 2020
off-mute, and when you,do so --yes, we can hear you.
MR. MCMANUS: Yes, hi. This is the applicant Tim McManus, here to
answer any questions.
TRUSTEE BREDEMEYER: Mr. McManus, the record shows you have Paul
Pawlowski as your expediter/contractor in this case.
MR. MCMANUS: Yes.
TRUSTEE BREDEMEYER: Okay. Due to COVID and disruptions in
operations here I'm not sure if we ever had an opportunity to
communicate with him the shortcomings of the plans he submitted
to us. Were you able to hear me in the comments that I read into
the record when we opened the hearing?
MR. MCMANUS: Not in their entirety. Basically I heard them.
TRUSTEE BREDEMEYER: I'll repeat them for you. At this point the
Board doesn't have sufficient information to proceed. So it
might be valuable if you could communicate these with Mr.
Pawlowski or we can also detail them in an e-mail or
communication to him. The materials we are going to need, we'll
need a detailed side view that shows the physical height,
measurement of the retaining wall. The application will have to
disclose the amount of fill going in behind the retaining wall
in cubic yards. The Board willwant to see a non-turf buffer
included in the plans, typically a ten to 15-foot non-turf
buffer, albeit that can be planned by your expediter to meet the
existing land use and configurations. And the full fence
location should be reviewed by someone who's knowledge, this is
not really in our purview, per se, but the fence construction
should be reviewed by someone who is familiar with the state
building construction code, because the way that fence appears
to be laid out there are concerns you would not meet the height
requirements for pool safety with a pool in this location. Those
are the comments of the Board based on your field inspection on
August 8th.
MR. MCMANUS: Okay, so I guess the thing to do here is table the
application as you can summarize those in an e-mail, we'll reply
as soon as possible.
TRUSTEE BREDEMEYER: Thank you. Will do. At your request we'll
table this application and we'll communicate with Mr. Pawlowski,
your expediter, our concerns.
MR. HAGAN: Based on the timing, you would probably want to move
it over to the November meeting.
TRUSTEE BREDEMEYER: Yes. And given the time necessary to
communicate back and forth and get additional plans and
specifications to us, this would have to be moved over to our
November meeting.
MR. MCMANUS: November. Okay, thank you.
TRUSTEE BREDEMEYER: Any further comments or questions by the
board or the public?
(Negative response).
Not seeing any, I make a motion to table this application for
additional information and we shall detail that needed
information to the expediter Mr. Pawlowski.
Board of Trustees 49 October 14, 2020
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Just for the record, you know, the hearing that
we just went through is public record and we spoke to the
homeowner. I don't really feel it's our responsibility to get
in touch with Mr. Pawlowski at this point, right?
Just throwing that out there. If he's not available for the
public hearing.,
All right, number ten, MBB Architects on behalf of R.
BRADFORD BURNHAM III requests a Wetland Permit to construct a
new 455 sq. ft. one-story detached residential garage with an
attached 3'x10' concrete apron.
Located: 2646 Peninsula Road, Fishers Island. SCTM# 1000-10-3-4.1
The LWRP found this to be consistent.
The Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
The Trustees last reviewed this file inhouse on the 7th of
October and noted it was a straightforward application.
Is there anyone here that wishes to speak regarding this
application?
MR. BELNIAK: Once again the "raised hand" button is at the
bottom of the commands inside Zoom. We no longer have any
attendees, so we can skip that, and the Q and A is also at the bottom
of the Zoom for text-based questions or comments. At the moment
I see no hands raised and I see nothing in the Q and A.
TRUSTEE KRUPSKI: Okay, any further comments from the Board at
this time?
(Negative response).
Hearing no further comments, I make a motion to close the
hearing.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve this application as
submitted.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number 11, John R. Bracco on behalf of ANGELA
F. GORSKY requests a Wetland Permit to construct a proposed 349
sq. ft. sunroom (replacing existing sunroom); remove existing
deck with steps and construct a proposed 471 sq. ft. deck with
6' wide steps to ground onto existing 1-'h story 2,097 sq. ft.
single family dwelling with attached garage.
Located: 1020 Glenn Road, Southold. SCTM# 1000-78-2-28
The Trustees visited the site on October 7th, 2020. We
found the proposed action to be straightforward.
'The LWRP coordinator found this action to be consistent.
And the Conservation Advisory Council resolved to support
Board of Trustees 50 October 14, 2020
the application.
Is there anybody here that wishes to speak to this
application?
MR. BELNIAK: If you are joining us in Zoom, please use the
"raised hand" button. Yes, we now have a hand raised. Let me
just finish my spiel. The "hand raised" at the lower area of
Zoom or you can use the Q and A function also in the lower area
for a text-based comment or question. And the hand we have
raised is I believe John Bracco. John, you should be able to
open your mic and the floor is yours.
MR. BRACCO: Good evening. John R. Bracco, architect, on behalf
of applicant Angela Gorsky. We are before you tonight in regard
to a proposed 349 square foot sunroom which replaces an existing
sealed sunroom of almost identical size. We are also proposing a
new rear deck of 471-square feet in size with a six-foot wide
set of stairs. The deck replaces an existing deck as well. The
project is basically to replace an existing sunroom which was
built on an old deck, and build a new structure which would meet
current building code.
The new deck proposed would not be any closer to the water
than the existing deck with the exception of the'steps. The
existing deck is built on grade, where the proposed deck will be
built closer to the finished floor height of the home which
would afford the Gorsky's better views of the Peconic River.
Lastly, this,project has been submitted to and has received
approval and a permit from the New York State Department of
Environmental Conservation. And if the Board has any questions,
I'll do my best to answer them.
TRUSTEE WILLIAMS: Thank you. Any discussion among the Trustees?
(Negative response).
Anybody else wish two speak to this application?
(Negative response).
MR. BELNIAK: There are no other hands raised or texts in the Q
and A box.
TRUSTEE WILLIAMS: I'll make a motion to close the public hearing
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: West Creek Builders, LLC on behalf of DANIEL C.
& EILEEN B. OAKLEY requests a Wetland Permit to remove existing
floating dock and pilings; construct new floating dock facility
consisting of a 4'x12.5' hinged ramp and a 6'x20' floating dock
secured by two (2) 8" diameter pilings; relocation of existing
5.3'x14.5' wood walk to new ramp, and for the addition of water
and electricity to the dock.
Board of Trustees 51 October 14, 2020
Located: 3310 Little Neck Road, Cutchogue. SCTM# 1000-103-9-12
The Trustees conducted a field inspection at the site on
October 7th, and the field notes indicate the Trustees requested
a 15-foot non-turf buffer.
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council on October 7th resolved
to support this application with the stipulation that it be Dark
Skies compliant lighting, flow-thru decking, and suggested a
ten-foot non-turf buffer.
Is there anyone here to speak to this application?
MR. BELNIAK: Yes, there is. Gary Steinfeld.
Gary, I'm going to send a command to open your mic, and when you
do, you'll join the meeting with us and you can share your
comments or your questions.
MR. STEINFELD: Good evening, guys, Gary Steinfeld on behalf of
West Creek Builders, on behalf of the applicant. I'm here to
answer any questions you may have.
TRUSTEE DOMINO: Gary, the only question, is the 15-foot non-turf
buffer compatible with your ideas?
MR. STEINFELD: Yes, the 15-foot non-turf buffer is fine with the
plans with both myself and the clients. You have the revised
plans that were submitted to the Trustees ahead of the meeting.
TRUSTEE DOMINO: Very good. Thank you.
Does anyone else wish to speak to this application?
(Negative response).
MR. BELNIAK: There are no other hands raised or Q and A at the
moment.
TRUSTEE DOMINO: Hearing no further comments, I make a motion to
close this hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make-a motion to approve this application. I'm
referring to the plans received October 13th, 2020, which
indicates a 15-foot non-turf buffer, in accordance with the
Trustees request.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Number 13, KENNETH QUIGLEY requests a Wetland
Permit to remove existing dock, ramp and landward walkway and-
construct new 4'x77' fixed elevated landward catwalk to a 4'x16'
fixed catwalk to a 4'x24' fixed ramp to a 4'x18' fixed catwalk
to a 4'x20' fixed dock platform situated in an "L"
configuration; all surface decking shall be 60% open grate
materials; clearance of 4'6" to be maintained over wetlands;
install two (2) 12" diameter tie-off pilings 32' apart and 12'
from fixed dock; install a transparent kayak launch 5'x12' to be
connected to dock via dock lines; and to install water and
electrical termination at top of ramp.
Board of Trustees 52 October 14, 2020
Located: 2245 Little Peconic Bay Lane, Southold. SCTM# 1000-90-1-16
The LWRP found this to be consistent.
The Conservation Advisory Council resolved to support this
application.
The Trustees conducted a field inspection, the notes,
discussed at work session. The last work session we discussed
concerns regarding the pier line and this dock exceeding the
pier line.
Is there anyone here who wishes to speak regarding this
application?
MR. BELNIAK: Yes. We have a Ken-Quigley in the audience with
his hand raised. So, Ken, I'll send a command to open your mic
and when you do, the floor is yours. After that we'll see if
anyone else would like to speak.
MR. QUIGLEY: Hi guys. Ken Quigley here to answer your
questions.
TRUSTEE GOLDSMITH: So, I think we discussed this at work session
on Friday, regarding the pier line and how this dock sticks out
a little further than the neighboring dock. According to the
plans you submitted dated September 18th, 2020, it pretty
clearly depicts on your plans that your proposed dock exceeds
the dock, neighboring dock. Looking at the water depths as
well, there is no discernible difference by going out any
further. Actually, to contrary, on the plans up submitted with
the hydrographic study, the deepest part is actually further in.
So if we talk about dialing this dock back a little bit to bring
it within the pier line, that would put your boat at the deepest
part, which is not very deep to begin with, but the deepest part
on the survey here.
MR. QUIGLEY: Understood. What are you suggesting?
TRUSTEE GOLDSMITH: I think we are just, judging by the plans
here, so we have the four-foot "L" and you have a five-foot
kayak launch. So if you dial the end of the "L" back to nine
feet, that way your pontoon boat would be sitting in that 1.5,
which would be the deepest part. So if you dial it back nine
feet, I believe that brings you within the pier line of the
neighboring dock as well as the water depth.
MR. QUIGLEY: I'm in agreement with that. I have no problem
moving the dock back as per your specification. Can you
identify specifically which dimension you want changed? Because
when I submit this to a contractor, they are going to have to
use a bench mark. So I can take on the aerial site plan, the
57-foot dimension and bring it back to say 48 feet, or I could
change on the second drawing the dimension. So I guess give a
reference point.
TRUSTEE GOLDSMITH: Yes. So you have the 424 fixed ramp, which
would be fine. The 18-foot catwalk, if you dial that back to a
nine-foot catwalk which would then bring the whole thing in nine
feet, which would bring it within the pier line.
MR. QUIGLEY: I don't have any problem with that at all. The
position of the fixed dock, and if it works out because we have
Board of Trustees 53 October 14, 2020
not really established what the correct height of the fixed dock
is above mean high water at this stage in time, because I have
not consulted a contractor. I'm concerned about ice levels
,lifting this dock up if it's too low. So at worst case I'll
maintain this nine-foot reduction that you have specified. We
may change the length of the ramp because if the dock is higher
I don't need 24 feet of ramp. The 24 feet is specified to change
in elevation and length that makes a pitch, one in 12 pitch
work. So. But I'll hold the dimension of the exterior right
where you want it.
TRUSTEE GOLDSMITH: Is that nine feet acceptable to the members
of the Board?
(Board members affirmatively respond).
MR. QUIGLEY: Okay, so we are good then.
TRUSTEE GOLDSMITH: So we'll leave it up to you to come back with
new plans for the November meeting, on your request; is that okay?
MR. QUIGLEY: That's fine. I can submit the drawings tomorrow.
I'll adhere to exactly what you say. But if you want to wait
until November and do this again, that's fine.
MR. HAGAN: It's up to you, President.
TRUSTEE GOLDSMITH: If it's acceptable with you, we'll table this
to November just so we have time to review everything, because
we have kind of a jammed up calendar here for the next meeting
on the 28th. So the next after that is November 16th, I believe.
So I'll make a motion to table this application at the
applicant's request to November 16th.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number 14, Suffolk
Environmental Consulting, Inc. on behalf of CHRISTA BROWN
requests a Wetland Permit to abandon and remove the existing
septic system and replace the system with a new IA/OWTS septic
system (setback 108.0' from the landward limit of freshwater
wetland boundary).
Located: 74450 Route 25, Greenport. SCTM# 1000-45-6-6
The project has been deemed to be consistent with the LWRP,
and has the support of the Conservation Advisory Council.
The Board has reviewed this on field inspection on
September 9th, and reviewed the application subsequently at our
work session. We feel it is straightforward. Is there anyone
who wishes to speak on behalf of this application?
MR. BELNIAK: Yes. We have a hand raised. Bruce Anderson.
Bruce, I'm going to send a command to un-mute your mic, and
when you do that, you are in the meeting with us. Welcome,
Bruce.
MR. ANDERSON: Good evening. How is everyone doing today?
TRUSTEE GOLDSMITH: Well, thank you.
MR. ANDERSON: I want to make just a couple of points. When we
initially got involved in this, we knew we had a problem with
Board of Trustees 54 October 14, 2020
very deep and hard clay on the site, and we anticipated it would
take a large area in order to install the conventional septic
system that is in front of you. That septic system is actually
approximately 200 feet away from the wetland boundary. So it's
technically and clearly out of the jurisdiction of the Trustees.
However, in order to extract all that clay, we would need a
rather broad area. We would be ripping up asphalt, we would be
relocating buses. We anticipated a very messy application, a
very messy project, and frankly a very expensive project because
of the clay.
Since then it has come to light that, largely through the
efforts of Collin Ratsey and the Village Trustees, there is
going to be I believe a sewer main that is going to be installed
from the village sewer plant through the Moors Lane park to the
Main Road. And my understanding is that that proposal has
already received approval from the New York State DEC as well as
the Village of Greenport.
What it has not received approval for thus far is Suffolk
County Department of Health Services. And I'll also tell you I
had conversations with Jamie Mills who owns and operates the
adjacent Mills Canvass and Sail Company, and my understanding is
that the residents in this area would all gladly hook up to a
sewer main because of the clay conditions.
And so I'm asking for this permit to be approved, but I'm
informing you that it is likely that we would be connecting to a
sewer main, which would be clearly out of your jurisdiction. So
it's, I'm hoping you can accommodate me just in the event that
for whatever reason the sewer main doesn't happen, because we
have serious issues with maintaining septic systems in this area
because the ground is so impervious.
So with that I will, that really concludes what I wanted to
say. So again, I'm hoping that a permit can issue as applied
for, but truthfully it is likely we won't implement this project
due to a change in circumstances that were unknown at the time
this application was filed.
TRUSTEE BREDEMEYER: Thank you. Are there any additional
Comments or questions from the Board?
(Negative response).
Any other public comment?
(Negative response).
MR. BELNIAK: I don't see any from the public. But just one more
reminder on how to raise hands because I want to make sure I
didn't miss anyone. Look in the bottom row of commands for the
high-five icon or use the Q and A box. Thanks.
TRUSTEE BREDEMEYER: Thank you. Seeing or hearing none, I make a
motion to close the hearing in this matter.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I make a motion to approve this application
Board of Trustees 55 October 14, 2020
as submitted with the stipulation that a silt fence limiting
possible silty fines and clay from the wetland area be installed
prior to commencement of construction when and if it should
occur.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Motion for adjournment.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
MS. CANTRELL: I'll stop the recording.
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Glenn Goldsmith, President
Board of Trustees
RECEIVED
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Sgbthold Town Clerk