HomeMy WebLinkAboutTR-10/28/2020 Glenn Goldsmith,President of So Town Hall Annex
Michael J.Domino ®� ®�® 54375 Route 25
P.O.Box 1179
John M.Bredemeyer III
_ •• � Southold,New York
11971
A.Nicholas Krupski Telephone (631) 765-1892
Greg Williams �® 0 �® Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD RECEIVED
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Minutes DEC 2 3 2020 (23;IOPr�
Wednesday, October 28, 2020 ,
I 1'
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
Diane DiSalvo, Clerk Typist
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Tuesday, November 10, 2020, at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, November 18, 2020 at 5:30 PM
Via Zoom online platform
WORK SESSIONS: Monday, November 16, 2020, at 5:00 PM via Zoom online
platform; and on Wednesday, November 18, 2020, via Zoom
online platform
TRUSTEE GOLDSMITH: Good evening and welcome to our Wednesday, October 28th,
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 to the screen. To my left is Trustee
Domino, Trustee Bredemeyer, Trustee Krupski and Trustee Williams. To my right is
Assistant Town Attorney Damon Hagan. We have Senior Clerk Typist Elizabeth
Cantrell, Clerk Typist Dianne DiSalvo, and also with us tonight is 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 seven, we have number 12;
on page eight we have numbers 13 through 18; on page nine we have numbers 19
through 21; and on page ten we have numbers 23 through 26.
They are listed as follows:
Board of Trustees 2 October 28, 2020
Number 12, FRANKOLA FAMILY TRUST requests a Wetland Permit for a Ten
(10) year Maintenance Permit to trim and maintain the vegetation growth to no less than
two (2)feet in height on an as needed basis.
Located: 840 Northfield Lane, Southold. SCTM# 1000-71-1-19
Number 13, 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
IA/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
Number 14, 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
Number 15, 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.
Number 16, 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.
Number 17, 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.
Number 18, 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"'configu ration; 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.
Located: 2245 Little Peconic Bay Lane, Southold. SCTM# 1000-90-1-16.
Number 19, 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 IA/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.
Board of Trustees 3 October 28, 2020
Number 20, 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' (351.86 sq. 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
(IA/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,
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 walers, ±6.0' long tie-rods, ±6"
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 21, 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.
Number 22, 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 23, 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 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.
Board of Trustees 4 October 28, 2020
Located: 4600 Ole Jule Lane, Mattituck. SCTM# 1000-122-4-33
Number 24, 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
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 25, 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 26, 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.
TRUSTEE GOLDSMITH: Under Town Code Chapter 275-8(c), files were officially closed
seven days ago. Submission of any paperwork after that date may result in the delay of
the processing of the applications.
At this time I'll make a motion to have our next field inspection Tuesday,
November 10, 2020, at 8:00 AM.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I'll make a motion to hold our next Trustee meeting
Wednesday, November 18, 2020, at 5:30 PM, via Zoom.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to hold our next work sessions Monday,
November 16th, 2020, at 5:00 PM via Zoom, and Wednesday, November 18, 2020,
at 5:00 PM, via Zoom.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
Board of Trustees 5 October 28, 2020
IV. PUBLIC NOTICES:
Public Notices are posted on the Town Clerk's Bulletin Board for review.
V. STATE ENVIRONMENTAL QUALITY REVIEWS:
RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the
following applications more fully described in Section XII Public'Hearings Section of the
Trustee agenda dated Wednesday, October 28, 2020 are classified as Type II Actions
pursuant to SEQRA Rules and Regulations, and are not subject to further review under
SEQRA:
Steve & Marica Donadic SCTM# 1000-56-5-37
Susan Norris SCTM# 1000-118-6-8
Town of Southold Airport &Town of Southold Waste Management
SCTM# 1000-12-1-18 & 1000-12-1-1.1
Rachel Murphy SCTM# 1000-135-1-7
Sticks & Stones Outdoors, LLC SCTM# 1000-70-4-1
Fabry Family Irrevocable Trust SCTM# 1000-115-17-7
Stuart & Beth MacKinnon SCTM# 1000-66-3-11
Ciampa Trust Partnership, c/o Douglas Ciampa SCTM# 1000-81-1-10.1
R.L. Leighton 2019 Revocable Living Trust SCTM# 1000-144-4-10
Robert & Laura Botka SCTM# 1000-87-4-2
Luis Portal SCTM# 1000-70-5-52
Albert G. Wood SCTM# 1000-117-7-32 as written.
TRUSTEE KRUPSKI: 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
that are minor or similar in nature. Accordingly, I make a motion to approve as a group
items two and three. They are listed as follows:
Number 2, Suffolk Environmental Consulting, Inc., on behalf of JACQUELINE
POTTGEN requests an Administrative Permit for the as-built 1,100 sq. ft. deck with
37'x7' stairs with a 60 sq. ft. hot tub; and as-built metal 218 sq. ft. awning.
Located: 550 Blue Marlin Drive, Southold. SCTM#: 1000-57-1-27
Number 3, ROBERT G. HEMPEL & CHRISTINE A. HEMPEL request an
Administrative Permit to install a 4'x7' 13kw generator to run on natural gas 10' from
house.
Located: 160 Lakeview Terrace, East Marion. SCTM#: 1000-31-9-17
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: Under Administrative Permits, number 1, Erich
Schoenenberger on behalf of JEFFREY R. LEMLER &ANCA LEMLER
requests an Administrative Permit to create an 11'x80' beach
Board of Trustees 6 October 28,2020
area with sand and to plant native vegetation; all existing
trees to remain; create a 100'x70' path from house to dock using
Long Island pea gravel.
Located: 320 Broadwaters Road, Cutchogue. SCTM#: 1000-104-10-6
The LWRP coordinator did not have a chance to make a review
or recommendation on this particular application, so I make a
motion to table this application until we get an LWRP review.
TRUSTEE BREDEMEYER: 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 this meeting, I'll make a motion to approve as
a group items 1 through 4. They are listed as follows:
Number 1, GCG BAYBERRY LLC requests a Transfer of Wetland
Permit#9502 from Renee Poncet & Stephen J. Fitzpatrick to GCG
Bayberry LLC, as issued on October 7, 2019.
Located: 702 Wiggins Lane, Greenport. SCTM# 1000-35-4-28.36
Number 2, MICHAEL REDLENER &ANIA WAJNBERG request a Transfer of
Wetland Permit#3776 from Francis Weisent to Michael Redlener&Ania Wajnberg, as
issued on September 29, 1989.
Located: 1835 Naugles Drive, Mattituck. SCTM# 1000-99-4-20
Number 3, MICHAEL REDLENER &ANIA WAJNBERG request a Transfer of
Wetland Permit#3655 from Francis Weisent to Michael Redlener&Ania Wajnberg, as
issued on June 24, 1988. Located: 1835 Naugles Drive, Mattituck. SCTM#
1000-99-4-20
Number 4, CHRISTOPHER & ELYSE MERRIFIELD request a Transfer of
Wetland Permit#9626 from Pauline Segrete to Christopher& Elyse Merrifield, as issued
on January 15, 2020.
Located: 4000 Wunneweta Road, Cutchogue. SCTM# 1000-111-14-22.1
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
XII. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: Under Roman numeral XII, Public Hearings, at
this time I'll make a motion to go off our regular meeting agenda and enter into
public hearings.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: This a public hearing in the matter of the following applications
for permits under the Wetland ordinance of the Town of Southold. I have an affidavit
of publication from the Suffolk County Times. Pertinent correspondence may be read
prior to asking for comments from the public.
Board of Trustees 7 October 28,2020
Please keep your comments organized and brief, and five minutes or less, if possible.
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Amendments, number 1, Samuels &
Steelman Architects on behalf of STEVE & MARICA DONADIC requests
an Amendment to Wetland Permit#9500 to modify the proposed
project to consist of eradicating existing invasive bamboo from
site by cutting all bamboo to just above grade and hand excavate
all plants and roots within perimeter of property; construct new
two-story framed residence on masonry foundation with a
footprint of 2,598 sq. ft. over flood compliant crawl space,
including attached one car garage; construct covered masonry
entry terrace of 138 sq. ft.; and masonry walkway to grade of
226 sq. ft.; construct new frame deck on waterside of 544 sq. ft. of
which 280 sq. ft. is covered; provide connection to public water
supply; provide underground propane tank for fuel; construct
concrete retaining walls along property lines: 60 linear feet
along private road and 65 linear feet along adjacent property to
east, for containment of sanitary system per S.C.D.H.S.; install
new galley conventional sanitary system per S.C.D.H.S. with
required waterproof concrete retaining wall total 174 linear
feet; proved "wick hole" under leaching pools area, penetrating
clay layer and providing leaching for the sanitary system;
provide new coir log reinforced berm 110 feet long by
approximately 5 linear feet wide, behind flagged tidal wetlands
line, 80 feet long along west property line and 100 linear feet
long along east property line, with top of berm at approximately
+6' topo; provide 18 linear foot wide non-turf buffer behind
berm, planted with approved species; provide 13 underground
leaching galleys, 1.5 linear feet high, under new parking area,
connected to storm water runoff from roof gutters and grade;
construct permeable parking area of 1,943sq.ft. With curbing;
place approximately 1,000 cubic yards clean fill on property;
install stepping stones on grade from driveway to wetlands
border, approximately 100 linear feet; provide topsoil and
landscaping.
Located: 1071 Bay Home Road, Southold. SCTM# 1000-56-5-37
The LWRP found this to be inconsistent. The inconsistencies
are test hole results indicates groundwater was encountered 1.8
feet below surface. Shallow depth to groundwater proposes
challenges to development of the parcel. The height of the
retaining walls could adversely affect the community character
of the neighborhood. Principal structures proposed in the flood
zone AE EI-6. The location of the retaining walls and the
property boundary adversely impact adjacent property owners by
interrupting diversion of storm water.
That was the original LWRP from May 13th, 2019. He did not
make an updated review or ruling based on this amendment.
The Conservation Advisory Council resolved to not support
this application consistent with the Conservation Advisory
Board of Trustees 8 October 28, 2020
Council review in 2019. The project is within a flood zone,
there was evidence of standing water, and the setbacks are less
than 100 feet.
The Trustees reviewed this application most recently
October 7th, noting concern over the height of the retaining
walls. We need to see a side profile of the whole structure
from current grade at the street to the top of the structures,
and also the need to add an IA system for this project.
Is there anyone here who wishes to speak regarding this
application?
MS. CANTRELL: We have Tom Samuels, Samuels & Steelman
Architects, his hand is raised. Tom, I'm going to allow you to
talk. Hopefully.
MR. SAMUELS: Hello. Then I would like to say that in this
instance the Trustees granted us a permit for pretty much the
entire project, the house and sanitary system. That has not --
there is no proposal to change that. The change for this amendment
comes from the DEC who was not inclined to support a hardened
shoreline between the two existing revetments on either side of the
property. They would not support that. They wanted us to also to lower
the front grade, the water side grade of the property, and not use the
so-called bubbler system that you guys approved back in 2019.
Instead, they insist that now we have a permit for them, from them, to put a
coir log retaining structure between the two adjoining revetments, stone
revetments, and lower the grade of the front yard, meaning the
water side yard of the house.
The house is not changed. The sanitary system has not changed from
the existing permit that you gave us. What also changed though was the site
drainage, because they would not allow us to put any containment facility,
they did not like the bubbler on the water side of the property.
So we were forced to put a shallow galley system for storm water
runoff, which will cede into the wick hole which the Health
Department has insisted on also to penetrate the clay layer.
So I would just say that as far as sanitary and the house
are concerned, there is no change from the existing permit that
you granted last year. It's entirely a matter of the so-called
hardening or the shoreline structures that we are back to you for.
TRUSTEE BREDEMEYER: Thank you, for that clarification.
TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing
to speak regarding this application?
(Negative response).
MS. CANTRELL: There are no hands raised.
TRUSTEE GOLDSMITH: Are there any questions or comments from the
Board?
TRUSTEE KRUPSKI: I don't think so. It's just an amendment for
the seaward-side structures.
TRUSTEE BREDEMEYER: No questions here
TRUSTEE GOLDSMITH: Hearing no further comments, I make a motion
to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
Board of Trustees 9 October 28, 2020
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve the amendment as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: 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—we have
a new project description —to modify the as-built structure by
removing one 2'x4' row and one 4'x4' row of concrete block from
each of the two existing retaining walls, reducing the height of the walls
six feet. The remaining concrete retaining wall to not exceed five-feet
above grade; construct new third retaining wall at the top of the bluff using
one 2'x4'-and one 4'x4' concrete block. This third retaining wall will have
a two-foot exposure above grade; create a 12-inch high berm; regrade
the bank, creating an approximately 40-degree slope; allow gravel
splash curtain landward of the bulkhead; allow for installation of a
one-and-one-half to three-ton rock armoring in front of the bulkhead;
rebuild stairway down the bank and install a 4'x5' aluminum platform
and a three-foot aluminum stairway from the bulkhead to beach.
Planting plan outlined by areas is as follows:
Number one, bulkhead landward to lower retaining wall, plant
one row Baccharus shrubs three-foot on center, directly adjacent to the
concrete wall in the existing gravel sand substrate.
Number two, lower retaining wall to mid-bluff retaining
wall, plant two rows northern bayberry, beach plumb, beach rose,
three-foot on center, alternating rows; plant American beach
grass, switch grass, panicum species, little blue stem 12" on
center in the areas seaward of the shrub planting at lower
retaining wall.
Number three, mid-bluff retaining wall to new'proposed top
of bluff retaining wall. Plant two rows northern bayberry, beach
plumb, beach rose, three foot on center, alternating rows plant
American beach grass, switch grass, panicum species, little blue
stem, 12" on center in the area seaward of shrub planting to
lower retaining wall.
Number four, install as needed on the bluff face slope
area, place biodegradable geo-textile fabric on-grade in grass
planting areas that exceed 40-degree slope; install staked
one-inch by 12-inch untreated pine boards and/or eight-inch to
12-inch staked coir logs 12-inch to 30-inch on center to create
stepped terraces on the bluff face between the lower retaining
wall to the new proposed upper retaining wall.
Number five, 12-inch high berm landward of upper proposed new
retaining wall, plant switch grass, little blue stem and/or
American beach grass 12-inch on center in high berm area.
We are in receipt of plans in support of that description;
dated October 13th, 2020.
The LWRP coordinator found this to be inconsistent and
Board of Trustees 10 October 28, 2020
consistent. The consistency refers to the stairway. The
inconsistency is that the structure was, existing structure was
constructed without or not in conformity to the Trustee permit.
The Conservation Advisory Council resolved not to support
this application due to too close to the bluff areas.
Consideration is requested to move the house landward.
Is there anyone here that wishes to speak to this
application?
MR. HAGAN: The public hearing was closed the last time, on the
last date, so it was pending the submission of a new project
description that matched the project that was proposed at the
last public hearing. It's my understanding the project
description was sent in based on what was proposed at the last
public hearing. So your question now before the Board is your
vote up or down on this.
TRUSTEE DOMINO: I make a motion to close the hearing. It was
closed, so hearing no further consideration, I submit a motion
to approve this application as submitted noting that it will
address the inconsistency.
MR. HAGAN: Do you have the date on the new project description?
TRUSTEE DOMINO: October 22nd, 2020.
MR. HAGAN: As per the project description submitted on that
date. Thank you.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: And for the record, I'm recused on this one.
TRUSTEE WILLIAMS: Motion has been made and seconded.
TRUSTEE DOMINO: All in favor?
(Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Williams,
aye. Trustee Krupski, nay. Trustee Goldsmith, recused).
WETLAND PERMITS:
TRUSTEE BREDEMEYER: The next application, number 1, Costello Marine Contracting
Corp.,'on behalf of SUSAN NORRIS requests a Wetland Permit to remove 181' of
existing bulkhead; construct 181' of new bulkhead in-place and reinstall existing stairway
off bulkhead to beach; and to re-grade disturbed area landward of new bulkhead.
Located: 9580 Nassau Point Road, Cutchogue. SCTM# 1000-118-6-8
This application has been deemed inconsistent under the Town's LWRP as there
was no Wetland permit in the records that could be found for the existing bulkhead.
The Conservation Advisory Council supports the application with a 15-foot
non-turf vegetated buffer with native vegetation.
The Trustees inspected the property on October 7th. Our findings were that the
project is straightforward, but the Board felt that the project would benefit from some toe
armor to save the remaining beach there from scouring from prevalent storms in that
vicinity.
Is there anyone here that wishes to speak to this application?
MS. CANTRELL: I see Jack Costello's name. Jack, if you are
speaking on behalf of the Norris application, raise your hand.
Can you hear me, Jack Costello?
TRUSTEE BREDEMEYER: Can you hear us Jack Costello?
(No response).
Board of Trustees 11 October 28, 2020
TRUSTEE BREDEMEYER: I believe when we inspected the site in the
field it has a fairly rough pre-existing, not highly maintained
lawn, but given the comment of the Conservation Advisory Council
I think it would be advisable for us to discuss some sort of
non-turf buffer where it meets the new bulkhead.
TRUSTEE WILLIAMS: We know the neighbor to the north has
considerable, I think roughly 15-foot non-turf buffer, from my
recollection of the site visit.
MS. CANTRELL: Again, Jack Costello, if you are here on behalf of
the Susan Norris application, you can raise your hand if you
wish to speak.
(Negative response).
TRUSTEE BREDEMEYER: I'll move ahead. Any additional comments or
concerns from the Trustees concerning the suggestion of armored
front what we'll probably table the, conceivably table the
application to require a non-turf buffer. Any thoughts about
compelling toe armoring or leaving that to the discretion of the
applicant to come back for an amendment?
TRUSTEE KRUPSKI: I would at least like to have a discussion with
the expediter about it. With the contractor, rather.
TRUSTEE BREDEMEYER: Sounds reasonable. It's too bad, for
whatever reason they can't hear us or are not able to
communicate with us.
TRUSTEE GOLDSMITH: Chances are we are going to require a buffer
anyway, so we can table this to next month and hopefully get in
contact with him before then.
TRUSTEE BREDEMEYER: That makes sense. Hearing no further
comment I make a motion to table this hearing pending submission
of plans with a non-turf buffer of, 15-foot non-turf buffer, and
receive communications with the expediter concerning the
possibility of leaving open the discussion on the toe armor
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number 2, 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)r 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
The Trustees most recently had an inhouse discussion of
this property and project and noted that it was straightforward
on the 7th of October.
Board of Trustees 12 October 28, 2020
The LWRP found this to be consistent.
And the Conservation Advisory Council did not make
Inspection, therefore no recommendation was made.
Is there anyone here that wishes to speak regarding this
application?
(Negative response).
Okay, is there any commentary from the Board besides the field
notes being straightforward?
TRUSTEE WILLIAMS: Nope.
TRUSTEE KRUPSKI: Hearing no further comment, I make a motion to
close the hearing in this application.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: 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 3, under Wetland permits, Michael
Macrina Architect, P.C. on behalf of RACHEL MURPHY requests a
Wetland Permit to demolish existing dwelling and porches,
detached garage, shed, cesspool, walks, driveway and air
conditioning units; construct a proposed two-story framed
4,178 sq. ft. (59'x40' irregular) dwelling with 1,100 sq. ft.
attached wrap around porch with steps to grade; a proposed
416 sq. ft. (16'x26') attached garage; proposed 314 sq.`ft.
(13'x23.3') roof deck over side porch; proposed 140 sq. ft.
(13'x9.5') roof deck over garage; proposed 85 sq. ft. (17'x5')
basement stair; proposed 35 sq. ft. (7'x5') egress window well;
proposed 185 sq. ft. (21.4x8.7') uncovered impervious patio-rear
side; proposed 935 sq. ft. (40.1'x45.5' irregular) uncovered
impervious patio-left side; proposed steps to grade from porch;
proposed 480 sq. ft. (16'x30') in-ground swimming pool; proposed
-4'x10' pool equipment area (pump, filter& heater); proposed two
(2) 3'x3' air conditioning units; proposed 3'x5' standby
generator; proposed A/I septic system; proposed 2,750 sq. ft.
Gravel driveway; two (2) proposed drywells for house, patios &
pool; a proposed 4' high compliant pool enclosure fencing; and
to install and perpetually maintain a 10' wide non-turf buffer
along,the landward edge of the top of the bank.
Located: 21695 Soundview Avenue, Southold. SCTM# 1000-135-1-7
The Trustees completed a site visit on October 7th, 2020,
with all Trustees present. Field notes recommend a ten-foot
non-turf buffer and suggest a gravel driveway.
The Conservation Advisory Council reviewed the application
and resolved not to support noting the pool does not meet
required setbacks, and it would be detrimental to the area. They
also recommend an updated septic.
The LWRP coordinator reviewed the proposed action and found
Board of Trustees 13 October 28, 2020
the action inconsistent, noting that section 4.1 minimize loss
of human life and structures from flooding and erosion hazards,
avoid development other than water-dependent uses in coastal
hazard areas, locate new development not water dependent far away
from coastal hazard areas as practicable.
The applicant has submitted in a plans dated October 20th,
2020, addressing the Board's recommendation of a non-turf
buffer. Point of clarification with regard to the Conservation
Advisory Council comment, they are using an IA septic which is
as updated as they come.
Is there anyone here that wishes to speak to this application?
MS. CANTRELL: Mike Macrina is the architect for the project.
Michael, I'll allow you to talk. Hopefully. Can you hear us?
MR. MACRINA: Yes, I can. Hello. As you know, my client is
proposing to demolish their existing home, replacing it with a new home
of similar footprint, but of course moving it in landward off the
coastal erosion hazard line and further away from top of bank.
The existing, as you can see, encroaches over the coastal erosion
hazard line and is only ten-and-a-half feet from the top of
bank. So we are just trying to take that house and move it, you
know, landward. In doing so -- it's similar lot coverage than
was there. Except for the pool. And moving it landward as we
can to still have proper access to the site and driveway and of
course to locate the new IA septic system.
That's pretty much it. The house is, the existing coverage
is-17.9 for the house, garage, shed and porch. The proposed is
17.7. So it's actually a little bit less. Except for the pool.
The pool is additional. But it does conform,, under the, at 20%.
And the project has received Zoning Board of Appeals approval
for the location to the water.
TRUSTEE WILLIAMS: Any other questions, comments from the Board?
TRUSTEE GOLDSMITH: One. The project description, change it to
IA instead of Al.
TRUSTEE WILLIAMS: Michael, just a point in the project
description, it's probably a scrivener's error. We have Al
septic and we understand you mean IA septic system, correct?
MR. MACRINA: Yes. The description I provided does say Al.
TRUSTEE WILLIAMS: Again, might be a typo. Thank you. Anybody
else here that wishes to speak to this application?
(Negative response).
Any further questions or comments from the Board?
(Negative response).
I make a motion to close this public hearing.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the plans as
submitted, with the note of the typo, that it is an IA septic
system, also noting that they have a ten-foot buffer located on
the new plan dated October 20th, 2020. Also noting that the
applicant has done their best to move this out of Coastal
Erosion, thereby satisfying the LWRP concerns.
Board of Trustees 14 October 28, 2020
TRUSTEE BREDEMEYER: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I wish to recuse myself from the next
application.
TRUSTEE GOLDSMITH: Number 4, En-Consultants on behalf of STICKS
&STONES OUTDOORS, LLC requests a Wetland Permit to remove and
replace (in-place and up to 12 inches higher) approximately 80
linear feet of functional portion of existing timber bulkhead
with vinyl bulkhead; install +/-14' vinyl return at southerly
end of portion of bulkhead to be replaced; backfill with up to
25 cubic yards of clean sandy fill to be trucked in from an
approved upland source; and establish 15'wide non-turf buffer
adjacent to reconstructed bulkhead.
Located: 3995 Wells Avenue, Southold. SCTM# 1000-70-4-1
The LWRP found this to be inconsistent. The inconsistency
is a Wetland permit was not located for the as-built bulkhead.
The Conservation Advisory Council resolved to support this
application.
The Trustees conducted a field inspection on,October 7th,
noting that application was straightforward.
Is there anyone here who wishes to speak regarding this
application?
MS. CANTRELL: We have Rob Herrmann. Rob, can you hear us?
MR. HERRMANN: I can. Can you hear me?
(Affirmative response).
MR. HERRMANN: Thank you. Yes. Rob Herrmann of En-Consultants
on behalf of the applicant.
My only comment in response would be that the project
should actually be exempt from LWRP review because in-place
replacement of a bulkhead on a creek is designated as.a minor
action under Chapter 268. Other than that, it is a
straightforward application.
If you have any questions, I can hopefully answer them.
TRUSTEE GOLDSMITH: Thank you. Is there anyone else here who
wishes to speak regarding this application?
TRUSTEE BREDEMEYER: It's my understanding when we had the work
session Monday evening there was a concern from the LWRP
coordinator concerning the fact that this project is adjacent to
the Jockey Creek bridge abutment, and I have offered that I
would try to contact the Town engineer to find out his interest
in the matter since he had been contacted via e-mail by Mark
Terry, and my best efforts to contact the Town engineer, I
stopped by his office twice and sent an e-mail to him and I
believe he may be out of town and was unable to respond to us. I
wanted to let you know that. If there is an interest, because
this project terminates near town property, the bridge abutment,
maybe we should table the application for comments or concerns
of the town engineer.
MR. HERRMANN: Jay, if I could just respond to that quickly.
Board of Trustees 15 October 28, 2020
Interestingly, we did actually look at the connection between
this project and its proximity to the bridge, particularly
because of the fact that the section of bulkhead that is located
nearest to the bridge is really non-functional, and so at least
as part of the scope of this application, which started when the
property was on the market for sale under a different applicant,
the goal was to try to get permits to shore up and maintain the
functional part of the bulkhead as quickly as possible, which is
really the section that goes down past the existing dock. And
then there is some consideration by the new owners that as a
potential second phase that there might be some attempt to do
some work closer to the bridge.
In connection with that, we actually looked at the
condition of the bulkhead where it gets closest to the bridge.
Informally we sought an opinion of a professional engineer who
pointed out the fact that the bridge, which I do believe is now
within the responsibility of the Town, based on a letter that
was issued in 2001 by the Suffolk County Department of Public
Works, and I can give you that information quickly, and I can
get that E-mailed over to your office. But what the engineer
noticed was that there is some potential undermining under the
bridge that is going on both sides of the bridge. But
actually, oh, and, sorry, and recommended that probably some
sort of return be constructed over on those edges. But at least
in the case of this application, where that return would be
constructed is off the applicant's property. So there is not
anything the applicant could do to propose any repair work
adjacent to the bridge because it's actually off the applicant's
property.
Just quickly, for the record, there was a letter dated
August 1st, 2001, which was sent from the Department of Public
Works to Leg. Caracciolo. It's hard to read because the word
"Mike" is written over it. It says: in response to your letter of
July 17th, 2001, please be advised that Jockey Creek bridge is a
county owned and maintained bridge. Neither the bridge nor the
concrete bulkhead within the right-of-way are in need of any
repair. The bridge was last inspected for the county on April
6th, 2000. The approach roadway is maintained by the Town of
Southold. It goes on to say the timber bulkheads outside the
right-of-way on private property are badly deteriorated although
this bulkheading was constructed for the Town of Southold by
Suffolk County as part of the 1935 bridge construction. The
1986 bridge reconstruction negated the need for the timber
bulkheads to retain the town's approach roadways. We have no
record of accepting the maintenance of adjoining roadways. Since
the town acquired an easement necessary to support said roadway,
it is their responsibility to maintain the bulkhead. If you
have any questions or require additional information concerning
this matter pleas contact either myself or William Shannon,
Chief Engineer of Highways and Waterways.
So that letter, again, just to what Jay is speaking about,
Board of Trustees 16 October 28, 2020
was written in 2001. And long story short, indicates that the
timber bulkhead and this private property no longer has an
intrical connection to the bridge, and the county seems to take
the position that it is up to the town to maintain the easement
by the roadway. So, anyway, we would certainly welcome getting
some input from the Town and/or the county, but again, where
that repair needs to be made under the bridge is off this
applicant's, outside the boundaries of this applicant's
privately-owned property.
TRUSTEE BREDEMEYER: Thank you, for that illumination. Is there
anyone else that wishes to speak to this application?
(Negative response).
TRUSTEE GOLDSMITH: Rob, just to confirm, we are only talking
about the bulkhead that is with the dock, not from the section
to the bridge. Right?
MR. HERRMANN: At this time, Glenn, that's correct. The
replacement is for 80 linear feet that starts at the point that
is closest to the house, and then extends 80 feet south from
there where it passes south of the dock and then where that
bulkhead has failed, and you can see on the plan where mean high
water is kind of coming in from the south, proposing a return
there. And so at this time, as part of this application, there
is no proposed work associated with the failed section of
bulkhead beyond that first 80 feet.
TRUSTEE GOLDSMITH: Thank you. Any other questions or comments?
TRUSTEE BREDEMEYER: It becomes much,clearer with the discussion.
We are obviously trying to honor concerns that were expressed to
the Board after our field inspection.
TRUSTEE GOLDSMITH: Any other questions?
Comments?
(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 application
as submitted whereby giving it a permit will bring it into
consistency with the LWRP.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number five, Jeffrey Patanjo on behalf of FABRY
FAMILY IRREVOCABLE TRUST requests a Wetland Permit to remove
existing deteriorated timber retaining wall and replace with 53
linear feet of new vinyl retaining wall in same exact location
as existing.
Located: 3700 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-7
We have a new project description is response to a letter
from Jeffrey Patanjo dated -- a letter dated October 20th,
received October 28th.
Board of Trustees 17 October 28, 2020
The CAC comments and recommendations, that all landward
side of the retaining wall and silt fence be installed seaward
of the existing wall prior to construction. So that's the reason
for that.
The LWRP coordinator found this to be inconsistent. The
inconsistency arises from the fact that the retaining wall that
is presently there was constructed without Trustee permit.
The Conservation Advisory Council resolved to support this
application suggesting a ten-foot non-turf buffer.
The Trustees did a field inspection on October 7th, at 4:30
in the afternoon. The notes read that the application was
straightforward and suggested some sort of a buffer, non-turf
buffer.
Is there anyone here to speak to this application?
MS. CANTRELL: Jeff Patanjo has raised his hand. Jeff, if you un-
mute yourself. Can you hear us?
MR. PATANJO: Good afternoon. So my computer is giving me-a
little bit of issue here. I want to make sure you have the
latest project description which was for 75 feet of retaining wall.
TRUSTEE DOMINO: Yes, Jeff. I just read that into the record.
MR. PATANJO: Okay, great. So the project was mentioned as
straightforward. And with respect to a non-turf buffer. Due to
the limited access and limited sight distance within this
proposed and existing proposed retaining wall, there is not much
area to install a non-turf buffer, other than maybe that measure
on my screen here, the two or three feet in between the proposed
retaining wall and the deck. There is really limited area there.
Between the retaining wall and the deck is 3.55 feet.
TRUSTEE DOMINO: During our work session we noted that, and would
you be comfortable with a two-foot non-turf buffer?
MR. PATANJO: Absolutely.
TRUSTEE DOMINO: Anyone else wish to speak to this application?
(Negative response).
TRUSTEE KRUPSKI: Why don't we do three and go back all the way
to the deck?
MR. PATANJO: Yes. Let's make it up to the deck as proposed. It
can go up to the deck and we'll go straight across to the end
and we'll go down to the south. And we'll make it within the
deck area and of the proposed retaining wall up to the terminus
point on the south side. Three-and-a-half foot wide.
TRUSTEE DOMINO: You estimate that three-and-a=half foot? So you
are comfortable with that, okay.
MR. PATANJO: Yes, sir.
TRUSTEE DOMINO: Does anyone have any further comments or
questions for the Board?
(Negative response).
Anyone else wish to speak to this application?
(Negative response).
Hearing no further comments, I make a motion to close this
hearing.
TRUSTEE GOLDSMITH: With new plans with the buffer on it.
Board of Trustees 18 October 28, 2020
TRUSTEE KRUPSKI: For three feet. In most of the other meetings
we approve subject to very minor alterations. It's been going on
for a couple of months now. At least.
MR. HAGAN: We are supposed to have it on new plans.
TRUSTEE KRUPSKI: That's one interpretation.
TRUSTEE DOMINO: All right, hearing no further comments, I make a
motion to table this application subject to the new plans
showing the three-and-a-half foot non-turf buffer
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number 6, Jeffrey
Patanjo on behalf of STUART & BETH MACKINNON requests a Wetland
Permit to remove and replace 76 linear feet of timber bulkhead
in same location as existing with new vinyl bulkhead and provide
10' wide non-turf buffer.
Located: 1705 Arshamomaque Avenue, Southold. SCTM# 1000-66-3-11
This application is deemed inconsistent with the Town's
LWRP in that a permit could not be found for the structure in
the file.
The Conservation Advisory Council has voted to support the
application to replace the bulkhead with no increase in height,
which is in fact what has been proposed.
The owner of the underwater land, Cross Road Associates,
submitted a letter to the file approving the construction of the
bulkhead which lies on their private underwater land, so
alleged.
And the Trustees noted on field inspection on October 7th
that the bulkhead was in serious need of repair and that it was
straightforward, and the construction should remain at the same
elevation.
Is there anyone who wishes to speak to this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
TRUSTEE BREDEMEYER: Okay, any questions or concerns?
MR.-PATANJO: No, sir.
TRUSTEE BREDEMEYER: And the application,'so it's clear, the
Board and the Conservation Advisory Council would like to see
that you keep the existing elevation.
MR. PATANJO: Yes, there is no intention of raising the height of
the existing bulkhead. So to match the neighboring properties.
TRUSTEE BREDEMEYER: Thank you, very much. Does anyone else wish
to speak to this application?
(Negative response).
Additional Trustee questions or concerns?
(Negative response).
TRUSTEE BREDEMEYER: Seeing and hearing none, I make a motion to
close the hearing in this matter.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
Board of Trustees % 19 October 28, 2020
TRUSTEE BREDEMEYER: I'll make a motion to approve this
application as submitted with the stipulation that the new
constructed bulkhead will be at the same elevation and meeting
with the neighbors at that same elevation.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number seven, Suffolk Environmental Consulting
on behalf of CIAMPA TRUST PARTNERSHIP, c/o DOUGLAS CIAMPA
requests a Wetland Permit to construct 169.48 linear feet of
bulkhead on the seaward side of the subject property; the
bulkhead consists of 8.0" diameter timber piles, 6'x8" timber
walers (2 walers spaced 42 inches apart), vinyl sheathing (C-LOC
or similar), 8' tie rods, 8" diameter deadmen and lay-logs (3.5'
long), and 20" wide top-cap installed directly above sheathing
and walers.
Located: 4075 Paradise Point Road, Southold. SCTM# 1000-81-1-10.1
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council supports the application
with a 10 to 12-foot non-turf buffer, native vegetation,
landward of the bulkhead, and any disturbance to the boat ramp
to require the installation of drywells along both sides of the
ramp.
The Trustees most recently visited the property on 7th of
October and noted that it was straightforward with the addition
of a ten-foot non-turf buffer.
Since that inspection we have plans stamped received
October 27th, 2020, that do include a ten-foot wide non-turf
buffer along the water's edge.
Is there anyone here that wishes to speak regarding this
application?
MS. CANTRELL: Robert, if you can un-mute. Can you hear us?
MR. ANDERSON: Hi. Robert Anderson, on behalf of the applicant.
As Trustee Krupski pointed out, it's a very simple bulkhead
replacement in-place, or just landward of what exists currently,
with the exception of replacing the current sheathing with vinyl
sheathing. I have no problem with the description. It seems
everything is agreeable on our end, if everything is all right
with you guys.
TRUSTEE KRUPSKI: Thank you. Is there anyone else here that
wishes to speak regarding this application?
(Negative response).
Any comments from the Board?
(Negative response).
Hearing none, I make a motion to close the hearing in this
application.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve this application
based off,of plans received October 27th, 2020, which includes)
Board of Trustees 20 October 28, 2020
the ten-foot non-turf buffer.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number 8, Patricia Moore, Esq. on behalf of
R. L. LEIGHTON 2019 REVOCABLE LIVING TRUST requests a Wetland
Permit to restore existing boat ramp using inter-locking pavers,
9'x30'; maintain 20% slope to grade; concrete pavers set on 3"
deep clean sand; plant top Y2 of tide range with Spartina
Alterniflora and Spartina Patens 12" on center; remove
approximately 15 cubic yards of slope and phragmites, remove
visible concrete blocks.
Located: 335 Rochelle Place, Mattituck. SCTM# 1000-144-4-10
The Trustees visited this site on October 7th, 2020. All
Trustees present. Notes, just concerns with the long-term
survivability of the proposed ramp with individual pavers.
The LWRP program coordinator found this action to be
consistent, noting the applicant proved the boat ramp was
constructed prior to 1971.
The Conservation Advisory Council did review the
application and they resolved to'support the application with
runoff mitigation and a ten-foot non-turf buffer with native
vegetation.
Is there anybody here that wishes to speak to this application?
MS. CANTRELL: I see Howard Ruben. Howard, if you wish to speak
with regard to the project, raise your hand.
TRUSTEE GOLDSMITH: He's on the next one.
MS. CANTRELL: Sorry, Pat. Patricia Moore, if you can hear us
would you like to speak in regard to your application?
(No response). -
TRUSTEE WILLIAMS: Hearing none, I make a motion to close the
public hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: Al[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 9, Howard Ruben on behalf of ROBERT &
LAURA BOTKA requests a Wetland Permit to remove and replace 314'
of wood bulkhead with new vinyl bulkhead which includes ±70' of
returns; excavate and replace±945 cubic yards of soils during
construction; re-plank existing 13.5'x18.5' timber boat
launching ramp with new timbers, and extend it an additional 3'
landward in order to decrease the slope of the ramp by
excavating the area an additional six (6) cubic yards of soils
to change the angle of the boat launch; the six (6) cubic yards
of excavated soils will be used as back fill for the washout
Board of Trustees 21 October 28, 2020
areas that need to be filled in during bulkhead replacement;
existing 3'x12' aluminum ramp/walkway to a perpendicular 5'x10' -
plastic float to be temporarily removed and replaced in place;
and to install and perpetually maintain a 10' wide sand or gravel
non-turf buffer area along the landward edge of the new bulkhead.
Located: 660 Private Road #12 (a.k.a. 660 Windy Point Lane), Southold.
SCTM# 1000-87-4-2
The LWRP found this to be consistent and inconsistent. The
inconsistency is a permit was not found for the ramp and float.
The Conservation Advisory Council resolved to support this,
application with a ten-foot non-turf buffer.
The Trustees visited the site on October 7th. Field notes,
pretty straightforward. Suggest switching the float to parallel
to the bulkhead.
We did receive new plans received dated October 28th, 2020,
that show the'ramp and float is now parallel to the bulkhead as
we suggested, as well as a ten-foot non-turf buffer.
Is there anyone here that wishes to speak regarding this
application?
MS. CANTRELL: We have Howard Ruben. Howard, if you would like to
un-mute.
MR. RUBEN: Can you hear me now?
MS. CANTRELL: Yes. Sorry about that.
MR. RUBEN: That's okay. Everything seems fine to me. I just
wanted to check in to say I'm good with this.
TRUSTEE WILLIAMS: Thank you.
TRUSTEE GOLDSMITH: Is there anyone else here who wishes to speak
regarding this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
Hearing or seeing none, I make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE GOLDSMITH: I make a motion to approve this application
with the new plans received October 28, 2020, and by granting
this will bring it into consistency with the LWRP.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number 10, Dave Roberts on behalf of LUIS PORTAL
requests a Wetland Permit to construct a two-story wood framed
dwelling with basement below and a first-floor area of
1,955 sq. ft., second floor 796 sq. ft.; 560 sq. ft. attached garage;
270 sq. ft. front porch; 205 sq. ft. rear porch; 960 sq. ft. new
asphalt driveway; new concrete paver walkways; and a new 1,250
gallon septic system.
Located: 350 Jockey Creek Drive, Southold. SCTM# 1000-70-5-52
The Trustees field inspection was conducted on October 7th,
Board of Trustees 22 October 28, 2020
denotes a ten-foot non-turf buffer adjacent to the wetlands,
leave the Baccharus in place, and also the septic system should
be an IA system.
The LWRP coordinator found this to be consistent.
On October 7th, the Conservation Advisory Council voted
unanimously to support this application.
Is there anyone here to speak to this application?
MS. CANTRELL: We have a gentleman named David. David, I'll ask
you to un- mute. If you can hear us? David, can you hear us?
(No response).
MS. CANTRELL: David, can you hear us?
MR. HAGAN: David?
MS. CANTRELL: David, you are un-muted but we cannot hear you.
(Audio is breaking up).
MR. HAGAN: Mike, I don't think we have --
MS. CANTRELL: David, we are not able to hear you.
TRUSTEE KRUPSKI: It sounds like you are having a microphone
problem.
TRUSTEE GOLDSMITH: I don't think we had any questions or
anything at this point.
TRUSTEE DOMINO: We have an issue of no new plans, the request
for a non-turf buffer, and the IA system.
So does anyone else wish to comment on those points?
TRUSTEE WILLIAMS: I suggest maybe we table it until we reach out
to the applicant to see if they are agreeable to those
suggestions.
TRUSTEE DOMINO: I believe that's a good way to go.
Hearing no further comments, I make a motion to table this
application pending submission of new plans showing a ten-foot
non-turf buffer and the IA system.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next item, Cole Environmental Services
on behalf of ALBERT G. WOOD requests a Wetland Permit to remove
an existing concrete seawall and install ±133 linear feet of new 6' wide
angled rock revetment to be constructed as follows: 8.0' of along north
property line; 6.6' of stone armoring landward of existing bulkheading;
16.4' along northeast corner; 75.4' along east side fronting Cutchogue
Harbor;_11.8' along southeast corner; and 15.2' return along southern
property line; backfill with approximately 69 cubic yards of clean upland
fill; install 6.0' of splash apron landward of the revetment and 10' of
planted beach grass on 1.0' centers; wooden bulkhead within subject
property to be modified to elevation 5.9 at point of intersection with
revetment; and concrete seawall debris to be trucked to an N.Y.S.
approved upland disposal facility.
Located: 1000 First Street, New Suffolk. SCTM# 1000-117-7-32
This project, revised project description is in conformity
with new plans stamped and received in the Trustee office
September 25th of this year.
Board of Trustees 23 October 28, 2020
The project has been deemed to be consistent with the
Town's LWRP, on September 9, 2020. The project previously has
been subject of a public hearing on October 16th of 2019,
wherein the Board had questions and concerns which were
expressed to the expediter that led to a field inspection that
the Board performed on October 7th of this month. We are in
review of the plans at the site revealed that the project seemed
to be straightforward.
The Conservation Advisory Council has expressed support for
the project when first submitted with concerns that it would be
considered the potential impacts to the adjoining property
owners as far as construction meeting up with the neighboring
bulkhead.
Is there anyone who wishes to speak to this application?
MS. CANTRELL: We have a number of people wishing to speak.
Dennis Cole, I'm going to allow you to talk because you are the
permit expediter for the project. So I have asked for you to
un-mute yourself, if you get that.
-MR. COLE: Dennis Cole, for the applicant, of Cole Environmental
Services.
We have been through a few delays on this. Some due
because project modifications from the Trustees and also from
the New York State DEC. The project has been modified so the
sloping revetment is less of an environmental consideration due
to its sloping angle, which helps to reduce weight energy on the
shoreline and also any adjacent erosion.
Please note that the only really adjacent property is the
extension of King Street, which is basically a beach area on the
adjacent property. The rest of the properties are bulkheaded.
And there is a pretty massive groin to the, on the left side as
you face the water.
We are proposing to remove the concrete vertical seawall
which has essentially collapsed in several locations. We are
going to install the sloping revetment in accordance with the
DEC guidelines, landward of the toe of the existing seawall.
It's above the high-water mark. We plan on doing a splash pad
landward of the top elevation of the revetment will be six.
Which is basically matching the elevation of the highest point
of the property. And we plan to put a ten-foot non-turf buffer
landward of that.
At this point, if there are any questions, I'm happy to
address them.
TRUSTEE BREDEMEYER: I have no further questions. Do any of the
Board members have any questions?
(Negative response).
Not hearing any, we'll open our comments to additional
individuals who wish to speak to this application.
MS. CANTRELL: Dennis, I'll mute you. All other participants,
raise your hand, and please note you'll speak one at a
time and be re-muted.
Julie Saul, you raised your hand. You can un-mute your microphone.
Board of Trustees 24 October 28, 2020
MS. SAUL: Here I am. Hi. My name is Julie Saul and I live across
the street from this property, at 875 King Street at the corner
of Third Street, where I've been for the last 12, 13 years.
I am concerned primarily of what the property owner intends
to do with the development of that property. It's basically like
a beach. And I'm concerned about any plans to create a residence
or business. I can't imagine a septic system going into such a
small piece of property. And I would like the opportunity, I
just got the notice of this hearing on Monday, and I would like
the opportunity to consult with some people and come up with
some kind of, you know, informed response to it.
So that is -- I think that, from what I can see, that whole
property-along the waterfront is sort of open property,
including, as you all know, the New Suffolk waterfront area and
the adjoining Peekos Oysters which is -- and there is a street,
as was noted, well, King Street runs right into the water, and
I'm just wondering how wall or bulkhead next to that could drive
further water into the area which, where King Street ends and
there is no bulkhead. And so I'm wondering if we could wait a
vote on this until I can get some answers on some of these
things and consult with some people. And I request a
continuance.
TRUSTEE BREDEMEYER: This is a public hearing to receive
information for the Board. Obviously, the Board can hear your
concerns. We'll want to collect all the information from
additional participants in the meeting as we further consider
this application.
With respect to certain requests you make concerning future
development, I would defer to the Assistant Town Attorney to
possibly discuss that. But my understanding is that the Board
can really only look at the project in front of it. And also, to
your question concerning King Street, the project description
and the project, detailed project engineering plans, deal with a
return that is protective of and provides coastal erosion
protection for the corner of King Street that is on the plan.
So I would request that we listen to other persons at the public
hearing for their concerns, for the Board to listen to the
totality of the concerns before we would move on.
And if you have any additional questions while your mic is
open?
MS. SAUL: No. I expressed my concerns and I would just like a
continuance or postponement of the voting until I have some more
information.
TRUSTEE BREDEMEYER: Okay. Thank you.
TRUSTEE WILLIAMS: Anybody else?
MS. CANTRELL: I have a TJ Kakoulas next on my list. TJ, I just
sent you an un-mute. TJ, can you hear us?
MR. KAKOULAS: Yes. My name is TJ Kakoulas. I'm here on behalf of
my father Steve Kakoulas who lives at the property on 1175 First
Street which is right across the street from the proposed
project. We have a concern about how this property will impact
Board of Trustees 25 October 28, 2020
the environment and also New Suffolk in general. Now in the
30-plus hears we have been there, we've seen the waterfront
property expand tremendously, for the better. We see many people
come down'there.
Now we are concerned that any future endeavors might
jeopardize this waterfront area in terms of one part, especially
with Legend's being right there. Also we have a concern about,
that we had been notified of also just this Saturday about this
hearing, and we also request a postponement so we can consult
with you on future questions. Thank you.
TRUSTEE WILLIAMS: Thank you.
TRUSTEE BREDEMEYER: Thank you.
MS. CANTRELL: Okay, Mr. Kakoulas, if you are done, we'll mute
you and bring up the next person on the list, which is Doris Brautigan.
TRUSTEE WILLIAMS: If you can turn down your speakers.
MS. BRAUTIGAN: I'm sorry. I'm also a resident of New Suffolk and
I really could not understand the or hear you really, when you
described the project and the description of the bulkhead. I'm
wondering if there is a written transcript available so it can
be reviewed by myself and other members of the community.
MR. HAGAN: The project description is located in the agenda --
MS. BRAUTIGAN: And I am requesting a postponement so we can
review exactly what this entails because I could not hear it
very well at all. Thank you.
MR. HAGAN: The project description that is the question before
the Board right now is located in the agenda that has been
published on the Town of Southold website that is available.
TRUSTEE BREDEMEYER: Thank you, for your comments and concerns.
Anyone else wish to speak to this application? I see one more hand.
MS. CANTRELL: Arlene Castellano is next on the list. I'll ask
you to un-mute.
MS. CASTELLANO: Arlene Castellano, 1275 First Street. I prepared
a brief statement to read. But I heard Ms. Cantrell speaking to
the stenographer during this evening's work session, when she
told him, and I quote: the meeting should be fast except for the
last one. You see that first name on the list. It's just going
to go on and on and on. She is against everything because she
thinks it will take away her view.
I assume she was talking about me since I was first on the
list and this is the last application. I would like to know does
anyone here think that a rock revetment a block away from my
house will block my view? This is absolutely appalling and I'm
tired of it. So I'm going ahead with my statement, if that's all
right with Ms. Cantrell.
My concern with this project, my concern with this project
is sea level rise and flooding. I tried to listen to the Trustee
work session on Monday to get more information, but most of the
meeting was inaudible, so I couldn't hear everything that was
said. But I believe this application was only discussed for a
few minutes and that it was deemed straightforward.
What I was hoping to find out was what impact a rock
Board of Trustees 26 October 28, 2020
revetment will have on the shoreline and the neighboring
properties and street. I recently re-watched a video made by
Kevin McCallister Defend H2O called Living on the Edge.
I'm just going to read a quick quote from Mr. McCallister.
In the video he said: Incrementally what we are seeing is
coastal armoring. So private property owners are installing
structures, vertical seawalls, rock revetments, geo-textile
sandbags in order to stem erosion. And the implication of these
structures over time is sea level rise is coming up and you are
essentially fixing•that shoreline, not allowing it to migrate
landward. You will essentially drown a shoreline. He goes on to
say these walls pinch the shoreline. Under wave attacks there
is great turbulence so there is actually accelerated erosion in
front of these walls.
So my concern is that in the short term, Mr. Wood will
benefit from reduced erosion on his property, but long-term there
will be increased flooding for the neighboring properties and
the New•Suffolk business district.
As it is, this area regularly floods. It is classified as a
special flood hazard area according to FEMA. And according to
Town Code, requires a flood plain development permit for all
construction. What will happen when the King Street road end is
the only unarmored piece of this shoreline?Will it only be a
matter of time before the Town is forced to install a rock
revetment on King Street?
So whether or not you approve this application, I don't
believe it is simply straightforward. And I think it does
deserve a discussion about the lasting consequences it will have
on the area. It is obvious that these man-made structures damage
the natural shoreline, and I am certain that Mr. McCallister is
correct that they accelerate erosion.
I understand that this application has undergone a few
revisions, but I am still troubled by the fact that Cole
Environmental Services thought it appropriate to initially
submit a survey for this project using a mean high watermark
from 1989; 31 years outdated.
,Lastly, as many of you know, this section of First Street
has seen a lot of work done within the Trustee jurisdiction
without proper permits. I don't believe Mr. Wood has yet been
issued a DEC permit for this project and I would ask that the
Trustees please make sure that all appropriate permits are in
place before any work gets done at this site'. That you.
TRUSTEE BREDEMEYER: Thank you. The status of a DEC permit would
be important for the Board to know. I believe, given that the
Board across the field inspection was indicated, was pending or
near issuance, maybe can we can ask the expediter Mr. Cole can
speak to that issue.
MR. COLE: Can you hear me?
TRUSTEE BREDEMEYER: Yes, we can.
MR. COLE: I was just in contact with DEC today. As with the
Trustees, we sent the revised plans over to the DEC on September
5
Board of Trustees 27 October 28, 2020
29th. I followed up today. It is still under review. I have not
gotten an answer back from there. But essentially the plans that
are before you are the mitigation that the DEC recommended.
The fact that we are going from a vertical structure that
was in existence, concrete wall, to a sloping structure, is more
protective, is a better protective feature than what was there
previously. This is a mitigation --this is mitigation,
essentially. That along with the buffer. So there is, that is
basically my comment regarding the comments I gave.
TRUSTEE BREDEMEYER: Thank you, for that information.
Is there anyone else speaking to this application? Any
more hands?
MS. CANTRELL: What I'll do is take off everybody's hand. If
somebody wants to speak again, just re-raise your hand so we
know. If anybody wishes to speak, please re-raise your hand.
TRUSTEE BREDEMEYER: Not seeing any additional hands raised, are
there any questions or concerns of the Board?
(Negative response).
Hearing none I make a motion to close the hearing in this
matter.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I make a motion to approve this application
as submitted. The plans received in the Trustee office September 25th,
2020, and in accordance with the project description I read into the record.
TRUSTEE DOMINO: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
MR. HAGAN: There was a question over a previous application. I
believe Mr. Roberts was having technical issues and could not
come in, and he's looking to try and find out what the issues
that the Board had conveyed are.
I believe those items are found in the Trustees field inspection
notes that are available in the file. They are available to you by
contacting the office tomorrow. You can also give specific comments
that were raised by the Trustees with regard to this application in the
transcripts that will come out of as well as the recording of the meeting.
But if you contact the Trustee office tomorrow I'm sure they will be able
to make available to you the field notes that detail the concerns of the
Trustees from the field inspection. And that should clarify any issues.
If there are any further questions you can certainly
contact my office. Thank you.
TRUSTEE GOLDSMITH: Motion for adjournment.
TRUSTEE WILLIAMS: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES).
Board of Trustees 28 October 28, 2020
MS. CANTRELL: The meeting has now ended.
Respectfully submitted by,
4 4&W8=4Y'
Glenn Goldsmith, President
Board of Trustees
RECEIVED
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