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Home My WebLink AboutTR-06/16/2021 Glenn Goldsmith,President Qf S®(®�� Town Hall Annex A.Nicholas Krupski,Vice President ,�®� ®�® 54375 Route 25 P.O. Box 1179 John M. Bredemeyer III Aw Southold,New York 11971 Michael J.Domino Telephone(631) 765-1892 Greg Williams '® ® �® Fax(631) 765-6641 couffm BOARD OF TOWN TRUSTEES RECEIVE® TOWN OF SOUTHOLD djkLeA✓ <<`30 AK V UL 1 6 2021 Minutes t � Y�& Wednesday, June 16, 2021 So hold Town Clerk 5:30 PM Present Were: Glenn Goldsmith, President Michael J. Domino, Trustee 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 TRUSTEE GOLDSMITH: Good evening welcome to our Wednesday June 16th, 2021 meeting. At this time I would like to call the meeting to order and ask that we please stand for the pledge of allegiance. (PLEDGE OF ALLEGIANCE) I'll start off by announcing the people on the dais. To my left is Trustee Domino and Trustee Bredemeyer. To my far right we have Trustee Krupski and Trustee Williams. To my immediate right is Assistant Town Attorney Damon Hagan. We have Senior Clerk Typist Elizabeth Cantrell and we also have court stenographer Wayne Galante. And also joining us via Zoom from Conservation Advisory Council is John Chandler. Agendas for tonight's meeting are posted on the Town's website. We do have a number of postponements tonight. In the agenda on page 14, number 5, Jeffrey Patanjo on behalf of AF STERN 1997 TRUST, c/o JOLYON STERN, TRUSTEE requests a Wetland Permit and a Coastal Erosion Permit to install 167 linear feet of rock revetment at toe of existing bluff; install 25 cubic yards of clean sand fill and Cape American beach grass. Located: 63165 County Road 48, Greenport. SCTM# 1000-40-1-14, has been postponed. On page 20, numbers 26 through 29 have been postponed. They are listed as follows: Number 26, ANNETTE CAMPBELL requests a Wetland Permit for the as-built reconstruction of existing previously permitted 180' long by 2 Y2 wide fixed catwalk with 60 new posts. Located: 1185 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-27 Board of Trustees 2 June 16, 2021 Number 27, Patricia Moore, Esq. on behalf of GARY D. DOROSKI requests a Wetland Permit for the as-built retaining wall 13.7'x35.7'x13.3' with steps to grade to capture stormwater causing erosion; install 3 new drywells landward of retaining wall; install hay bales and silt fencing during construction; plant various vegetation/trees; and to establish and perpetually maintain a 10'wide non-turf, non-fertilization buffer along the landward edge of wetlands. Located: 425 Monsell Lane, Cutchogue. SCTM# 1000-97-8-27 Number 28, Jeffrey Patanjo on behalf of JJS EDGEWATER LLC, c/o SCOTT EDGETT requests a Wetland Permit to remove and replace existing 89 linear foot long and 60 linear foot long jetties in same location with new vinyl jetties; and new jetties to be no higher than 18" above existing sand elevation. Located: 610 Park Avenue Extension, Mattituck. SCTM# 1000-123-8-28.6 Number 29, Michael Kimack on behalf of MARIA H. PILE requests a Wetland Permit to construct a 36.0'x34.7' (1,249.2 sq. ft.) two-story dwelling on foundation in accordance with FEMA standards for a AE zone; and a pervious driveway. Located: 420 Lake Drive, Southold. SCTM# 1000-59-1-21.2 And on page 21, numbers 30 through 33 have been postponed. Number 30, Jeffrey Patanjo on behalf of GARY MANGUS & MIRIAM MEYERS requests a Wetland Permit to install a 6'x20'floating dock accessed by a 3'x20' ramp with railing built directly off existing bulkhead; ramp and dock deck are to be "ThruFlow" or equal to allow light penetration; install electric to the dock; dredge 25-27 cubic yards of silt to provide 30" minimum to marine bottom for float and boat; angle of repose from proposed marine bottom to existing marine bottom to be 3:1 min; and spoils to be deposited and contained inside bulkhead for dewatering. Located: 1295 Island View Lane, Greenport. SCTM# 1000-57-2-16. Number 31, Jeffrey Patanjo on behalf of WILLIAM F. GRELLA & GARY OSBORNE requests a Wetland Permit to construct a proposed 110' long by 4' wide fixed dock with un-treated decking and removal and replacement of existing timber jetties with new vinyl in same location as existing (one 36 linear feet, one 37 linear feet, and one 49 linear feet in length). Located: 1200 First Street, New Suffolk. SCTM# 1000-117-7-30. Number 32, DANIELLA C. RAVN &STEPHEN E. RAVN requests a Wetland Permit to construct a 40'x20' in-ground swimming pool with a pool drywell; proposed 63'x30' surrounding pool patio; proposed 20'x14' cabana with outdoor shower; 73'x40' pool enclosure fencing; a proposed 50'x40' garden area enclosed by 8' high deer fencing; and proposed 3' high, 1-rail board fence will be located along the property lines adjacent to neighbor's property. Located: 625 Wells Road, Peconic. SCTM# 1000-75-6-3.3. Number 33, 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 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. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I'll make a motion to have our next field inspection on Wednesday, July 7th, 2021, at 8:00 AM. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 3 June 16, 2021 (ALL AYES). II. NEXT TRUSTEE MEETING: TRUSTEE GOLDSMITH: I'll make a motion to hold our next Trustee meeting on Wednesday, July 14th, 2021, at 5:30 PM in the Town Hall meeting room and via Zoom online. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). III. WORK SESSIONS: TRUSTEE GOLDSMITH: I make a motion to hold our next work sessions on Monday, July 12th, 2021, at 5:OOPM via Zoom online platform; on Wednesday, July 14th, 2021, at 5:OOPM via Zoom online platform. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). IV. MINUTES: TRUSTEE GOLDSMITH: I make a motion to approve the Minutes of the May 19th, 2021, meeting. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). V. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for May, 2021, a check for$8,052.50 was forwarded to the Supervisor's Office for the General Fund. VI. PUBLIC NOTICES: TRUSTEE GOLDSMITH: Public Notices are posted on the Town Clerk's Bulletin Board for review. VII. RESOLUTIONS -OTHER: TRUSTEE GOLDSMITH: Under Roman numeral VII, Resolutions - Other, I make a motion to approve as a group numbers 1, 2, 3 4 and 6. They are listed as follows: Number 1, 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 JANICE HILLMAN SITYLES a/k/a JANICE HILLMAN REVOCABLE TRUST; Located: 8340 Main Bayview Road, Southold. SCTM# 1000-87-5-23.2 Number 2, RESOLVED, the Board of Trustees of the Town of Southold, pursuant to the State Environmental Quality Review Board of Trustees 4 June 16, 2021 Act, hereby declare itself Lead Agency in regards to the application of IRA &SUSAN AKSELRAD; Located: 4125 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-6.4 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 TIMOTHY C. QUINN, JR; Located: 1 Mulford Court, Orient. SCTM# 1000-14-2-1.6 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 application of JAMES WEEDEN; Located: 1175 Bridge Lane, Cutchogue. SCTM# 1000-118-2-16.1 Number 6, 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 TIMOTHY J. & GINAMARIE STUMP; Located: 2200 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-61 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I recuse myself from Number 5. TRUSTEE KRUPSKI: 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 GOLDSMITH'S BOAT SHOP, INC. Located: 54150 Main Road, Southold. SCTM# 1000-56-7-1 That is my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Krupski, aye. Trustee Williams, aye). (Trustee Goldsmith, recused). 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 XV Public Hearings Section of the Trustee agenda dated Wednesday, June 16, 2021 are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA. They are listed as follows: James H. Carney SCTM# 1000-9-6-3 Elizabeth W. Furse SCTM# 1000-9-3-2.2 1663 Bridge, LLC c/o Donald Brennan SCTM# 1000-118-4-2 Danyao Danielle Chang SCTM# 1000-14-2-3.5 RJJ Properties SCTM# 1000-111-15-12 Alfred & Mary Magill SCTM# 1000-137-4-26 Lefkara Holdings, LLC c/o Neofitos Stefanides SCTM# 1000-30-2-77 Board of Trustees 5 June 16, 2021 James J. & Dawn M. Deerkoski SCTM# 1000-114-10-2 Barbara Bell SCTM# 1000-94-1-9 Sigurdsson Baldur, LLC, c/o Wade Guyton, Manager SCTM# 1000-50-1-4 Steve & Jane Peterson Revocable Trust SCTM# 1000-113-4-5 Richard & Gina Bonati SCTM# 1000-88-5-68 Steven Eisman &Valerie Feigen SCTM# 1000-17-5-3.2 Peconic River, LLC SCTM# 1000-81-1-18.1 David & Patricia O'Day SCTM# 1000-81-1-18.1 1420 Trumans Path, LLC SCTM# 1000-31-12-12 Strong's Marine SCTM# 1000-122-9-5 & 6.2 Goldsmith's Boat Shop SCTM# 1000-56-7-1 Annette Campbell SCTM# 1000-137-4-27 TRUSTEE GOLDSMITH: That is my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I recuse myself from the next one. TRUSTEE KRUPSKI: RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section XV Public Hearings Section of the Trustee agenda dated Wednesday, June 16, 2021, are classified as Unlisted Actions pursuant to SEQRA Rules and Regulations: Janice Hillman Shyles a/k/a Janice Hillman Revocable Trust SCTM# 1000-87-5-23.2 Ira & Susan Akselrad SCTM# 1000-111-9-6.4 Timothy C. Quinn, Jr. SCTM# 1000-14-2-1.6 James Weeden SCTM# 1000-118-2-16.1 Goldsmith's Boat Shop, Inc. SCTM# 1000-56-7-1 Timothy J. & GinaMarie Stump SCTM# 1000-87-3-61 TRUSTEE KRUPSKI: That's my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: All in favor? (Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Krupski, aye. Trustee Williams, aye). (Trustee Goldsmith, recused). IX. ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617: TRUSTEE GOLDSMITH: Under Roman numeral IX: Number 1, DESCRIPTION OF ACTION: Michael Kimack on behalf of JANICE HILLMAN SITYLES a/k/a JANICE HILLMAN REVOCABLE TRUST requests a Wetland Permit to construct a 4'x18' walkway with a staircase consisting of three (3) treads and four (4) risers with Thru-Flow decking (72 sq. ft.), connected to a 4'x24' fixed dock with Thru-Flow decking (96 sq. ft.), 168sq.ft. Total; and to install 14 - 8" diameter pilings. Located: 8340 Main Bayview Road, Southold. SCTM# 1000-87-5-23.2 Board of Trustees 6 June 16, 2021 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 June 8, 2021, and having considered the survey of property by John Heidecker dated April 8, 2021, and having considered the plans for this proposed project submitted by Michael Kimack dated April 20, 2021 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Michael Kimack dated April 20, 2021 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 design that will not impede access for those seeking shellfish and crustacea in season. 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. TRUSTEE GOLDSMITH: That is my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 2, DESCRIPTION OF ACTION: Suffolk Environmental Consulting, Inc. on behalf of IRA & SUSAN AKSELRAD requests a Wetland Permit to construct an addition to the first story of existing dwelling along its southerly face measuring 10'x31.2' (311.25 sq. ft.); construct a roof deck above the first story addition and extending 46.2'from the westerly end of the addition towards the seaward face of the existing dwelling (10'x46.2' or 461.25 sq. ft.); construct a first story deck immediately seaward of the proposed first story addition measuring 10'x27.3' (273.3 sq. ft.); construct 198 linear feet of bulkhead previously approved shortly after hurricane Sandy not built but removed, a 12-foot return on the South and of the bulkhead, a 12-foot wide splash pad between the lower and upper bulkheads, a 4' x 19' descending stairs to a 6' x 8' landing, a 3' x 10' descending stairs to a 10' x 20' at grade platform, a 4' x 6' platform at proposed lower bulkhead with Tx 12' steps to the beach. Located: 4125 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-6.4 S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE: WHEREAS, the Southold Town Board of Trustees are familiar with Board of Trustees 7 June 16, 2021 this project having visited the site on June 8, 2021, and having considered the survey of property by Gary Benz, L.S. dated October 21, 2020, and having considered the plans for this proposed project submitted by Joseph Fishetti, P.E. dated June 14, 2021 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and. WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Joseph Fishetti, P.E. dated June 14, 2021 at the Trustee's June 14, 2021, it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: Scope: The proposed bulkhead is comparable to bulkheads on neighboring properties in an area where bulkheads historically are used for commercial and recreational purposes. Scope in relation to view shed: The seaward end of the proposed bulkhead will not extend beyond existing bulkheads. As such the perspective will not be discernibly different from the existing view. Protection of the toe of bluff using hardened structures including bulkheads is necessary. Environmental upkeep: The bulkhead 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. TRUSTEE GOLDSMITH: That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 3, DESCRIPTION OF ACTION: Costello Marine Contracting Corp. on behalf of TIMOTHY C. QUINN, JR. requests a Wetland Permit and a Coastal Erosion Permit to construct 195'± of 1.5 to 3 ton rock and coir log revetment; reconstruct existing lower bluff stair platform and stairway to beach in-place; install jute matting and terracing boards in eroded areas down bluff, as needed; place fill behind terracing boards; and re-vegetate slope with native plantings. Located: 1 Mulford Court, Orient. SCTM# 1000-14-2-1.6 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 June 8, 2021, and having considered the survey of property by Kenneth M. Woychuk Land Surveying, PLLC dated April 1, 2019, and having considered the plans for this proposed project submitted by Costello Marine Contracting Corp. Dated June 9, 2021 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the Board of Trustees 8 June 16, 2021 application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Costello Marine Contracting Corp. Dated June 9, 2021 it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: Vegetative, non-structural measures are not capable of stabilizing the erosion of the bluff alone. Protection of the toe of bluff using hardened structures including rock revetment is necessary. No existing rocks or boulders are to be utilized, moved, or relocated on the beach. As time progresses, continued soil loss at the toe of the bluff may lead to habitat degradation and bluff instability. A site inspection by the Southold Town Board of Trustees recognized erosion on this property and the need for a bluff stabilization/erosion control plan. THEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to SEQRA for the aforementioned project. TRUSTEE GOLDSMITH: That is my motion. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 4, DESCRIPTION OF ACTION: Costello Marine Contracting Corp. on behalf of JAMES WEEDEN requests a Wetland Permit to construct 178'± of 1.5 to 2 ton rock revetment landward of the tidal wetlands boundary line; install 12" diameter fiber coir logs at base of bank; establish and perpetually maintain a 10' wide non-turf buffer along the landward edge of the rock revetment; vegetate buffer area with Cape American beach grass; and replant any disturbed plantings in the wetland area. Located: 1175 Bridge Lane, Cutchogue. SCTM# 1000-118-2-16.1 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 June 8, 2021, and having considered the survey of property by Peconic Surveyors, P.C. dated August 7, 1995, and having considered the plans for this proposed project submitted by Costello Marine Contacting Corp. Dated August 15, 2018 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Costello Marine Contacting Corp. Dated August 15, 2018 it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: Vegetative, non-structural measures are not capable of stabilizing the erosion of the bank alone. Protection of the toe of bank using hardened structures including rock revetment is necessary. As time progresses, continued soil loss at the toe of the bank may lead to habitat Board of Trustees 9 June 16, 2021 degradation and bank instability. A site inspection by the Southold Town Board of Trustees recognized erosion on this property and the need for a bank stabilization/erosion control plan. THEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to SEQRA for the aforementioned project. TRUSTEE GOLDSMITH: That is my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I recuse myself from number 5. TRUSTEE KRUPSKI: Number 5, DESCRIPTION OF ACTION: En-Consultants on behalf of GOLDSMITH'S BOAT SHOP, INC. requests a Wetland Permit to restore, enhance, and stabilize +57' (&var.)X+394' portion of naturalized breakwater at mouth of commercial marina basin, incorporating living shoreline methodology, as follows: 1) raise elevation of breakwater by up to 4 feet (2 feet above MHW), using approx. 1,800 cy of clean sandy fill from an approved upland source, to be planted (above SHW) with approx. 11,000 sf of salt-tolerant native vegetation; 2) stabilize south/windward face of raised breakwater with +450 linear feet of 1 -4 ton stone armor (1,095 cy) on filter cloth; 3) stabilize north/leeward face of raised breakwater with +394 linear feet of 150 to 500 Ib. stone rip-rap (approx. 150,cy); 4) stabilize north, west, and east sides of raised breakwater with +497 liner feet of low-sill vinyl bulkhead (elevated +12" below MHW); and 5) establish approx. 5,200 square feet of vegetated tidal marsh on north side of raised breakwater by dredging +12'wide, approx. 4,800 square foot area north of low-sill bulkhead to max. Depth of-2'MLW, using approx. 240 cy sand/silt spoil to backfill approx. 13' wide, 5,200 square foot area south of low-sill bulkhead (partially over rip-rap), and planting backfill area with approx. 5,200 square foot of vegetated tidal marsh,, including Spartina Alterniflora (12" O.C.), between low-sill bulkhead and MHW (+11'), and Spartina patens (12" O.C.), between MHW and SHW (+2'). Located: 54150 Main Road, Southold. SCTM# 1000-56-7-1 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 June 8, 2021, and having considered the survey of property by Kenneth Woychuk Land Surveying dated September 27, 2016, and having considered the plans for this proposed project submitted by Vachris Engineering dated April 12, 2021 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Vachris Engineering dated April 12, 2021 it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: Vegetative, non-structural measures are not capable of stabilizing the erosion alone. Protection of the barrier using hardened structures including rock revetment is Board of Trustees 10 June 16, 2021 necessary. A site inspection by the Southold Town Board of Trustees recognized erosion on this property and the need for a stabilization/erosion control plan. The proposed rock revetment should allow for the natural revegetation of high quality, vegetated tidal wetlands on the seaward side of the proposed structure. Environmental upkeep: The rock revetment design projects a usual lifespan of 30 years with limited replacement so as to minimize disturbance of the wetlands. THEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to SEQRA for the aforementioned project. TRUSTEE KRUPSKI: That is my motion. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Krupski, aye. Trustee Williams, aye). (Trustee Goldsmith, recused). TRUSTEE GOLDSMITH: Number 6, DESCRIPTION OF ACTION: Michael Kimack on behalf of TIMOTHY J. & GINAMARIE STUMP requests a Wetland Permit to construct approximately 315 linear feet of hybrid low sill bulkhead; backfill with approximately 100 cubic yards of course clean sand just below lowered sheathings; maintain approximately 2 Y2'to 1 slope from top of sloughed bank and then flat to bulkhead; install approximately 3,200sq.ft. Of filter fabric over disturbed area and fasten with 8" galvanized pins; plant Spartina Alterniflora to high water mark and then Spartina patens to undisturbed line @ one (1) foot on-center(±3,200 plants). Located: 2200 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-61 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 June 8, 2021, and having considered the survey of property by Peter A. Groben Land Surveying dated April 26, 2021, and having considered the plans for this proposed project submitted by Michael Kimack dated April 27, 2021 at the Trustee's June 14, 2021 work session; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A.; and, WHEREAS, on June 16, 2021 the Southold Town Board of Trustees classified the application as an unlisted action under S.E.Q.R.A.; and, WHEREAS, in reviewing project plans submitted by Michael Kimack dated April 27, 2021 it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: The proposed low sill bulkhead should allow for the natural revegetation of high quality, vegetated tidal wetlands on the landward side of the proposed structure. A site inspection by the Southold Town Board of Trustees recognized erosion on this property and the need for a bank stabilization/erosion control plan. Environmental upkeep: The low sill bulkhead design projects a usual lifespan of 30 years with limited replacement so as to minimize disturbance of the wetlands. THEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to Board of Trustees 11 June 16, 2021 SEQRA for the aforementioned project. TRUSTEE GOLDSMITH: That is my motion. 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 meeting, the Board of Trustees regularly groups together actions that are minor or similar nature. Accordingly, I make a motion to approve as a group items 1 through 3. They are listed as follows: Number 1, Connor Jones on behalf of FISHERS ISLAND DEVELOPMENT CORP. requests an Administrative Permit to erect a 3'x4' panel sign with a 6'x1' sign above same on the beach located in the area known as the "8th Hole Beach"; both signs are supported by the same two (2) posts which will be dug into the sand and will be attached to the posts via brackets. Located: Fishers Island Club, Eastern end of Fishers Island. SCTM# 1000-1-1-3.13 Number 2, SUSAN &TODD EWING request an Administrative Permit to replace windows, remove interior non-load bearing wall to enlarge kitchen area; replace four(4) existing sliding doors on rear of house with two (2) 142 %"x80" four panel patio doors; replace existing side door and landing with a 36"Anderson 181 straight line out swing French door onto a 5'6"x8' deck landing with steps; construct roof extension overhang to cover 6'x8'4" stoop. Located: 1795 North Parish Drive, Southold. SCTM# 1000-71-1-16.1 Number 3, Costello Marine Contracting Corp. on behalf of FOUNDERS LANDING BOAT YARD, LLC requests an Administrative Permit to remove all fire debris and clean area surrounding buildings labeled#5 &#6 on plans; install a temporary fence for safety purposes around the area; access will be through applicant's property. Located: 1000 Terry Lane, Southold. SCTM# 1000-64-3-11 TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 4, Jeffrey Patanjo on behalf of ROBERT & DONNA DRUMMOND requests an Administrative Permit for the as-built 10'x30.6' lower deck with an 8' hot tub and 10'x21.6' upper deck. Located: 675 Windy Point Lane a/k/a 675 Private Road #12, Southold. SCTM# 1000-87-4-7 The LWRP found this to be inconsistent. The inconsistency is the structures were constructed without obtaining a Wetlands Permit. I will make a motion to approve this application as submitted, thereby granting a permit will bring it into consistency with the LWRP. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 5, CHARLES & GINA CIRAVOLO request an Administrative Permit for a Ten (10) Year Maintenance Permit to prune bushes and trees as needed; and to install railroad tie Board of Trustees 12 June 16, 2021 steps on sloped area down to beach. Located: 2415 Long Creek Drive, Southold. SCTM# 1000-52-8-3 We did a field inspection on June 8th. We asked for some more specifics as well as an updated survey or site plan. We have a note in the file here, a-letter in the file dated June 11th from Charles and Gina Ciravolo saying they were not going to provide us with that. As such I make a motion to deny this application without prejudice. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). XI. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS TRUSTEE GOLDSMITH: Roman numeral XI, Applications for Extensions, Transfers and Administrative Amendments. Again, in order to simplify the meeting, I'll make a motion to approve as a group itemsl through 13. They are listed as follows: Number 1, En-Consultants on behalf of CUTCHOGUE 6291, LLC c/o STEPHANIE GUILPIN requests the Last One (1) Year Extension to Wetland Permit #9293 and Coastal Erosion Permit#9293C as issued on August 15, 2018. Located: 6291 Oregon Road, Cutchogue. SCTM# 1000-82-2-3.2 Number 2, En-Consultants on behalf of CUTCHOGUE 6213, LLC c/o STEPHANIE GUILPIN requests the Last One (1) Year Extension to Wetland Permit #9292 and Coastal Erosion Permit#9292C as issued on August 15, 2018. Located: 6213 Oregon Road, Cutchogue. SCTM# 1000-82-2-3.1 Number 3, En-Consultants on behalf of GEANIE ARCIGA & THOMAS JUUL-HANSEN requests,a One (1) Year Extension to Administrative Permit#9514A, as issued on August 14, 2019. Located: 500 Castle Hill Road, Cutchogue. SCTM# 1000-72-1-1.10 Number 4, ROSEMARY SCHNEIDER requests a One (1) Year Extension to Administrative Permit#9494A issued on July 17, 2019. Located: 8095 Soundview Avenue, Southold. SCTM# 1000-59-6-16 Number 5, RENEE PEPERONE requests a One (1) Year Extension to Wetland Permit#9480, issued on June 19, 2019. Located: 2563 Laurel Way, Mattituck. SCTM# 1000-121-4-15 Number 6, SCOTT KAUFMAN requests the Last One (1) Year Extension to Wetland Permit#9254 and Coastal Erosion Permit#9254C, as issued on June 20, 2018. Located: 2050 Dignans Road, Cutchogue. SCTM# 1000-83-2-7.3 Number 7, MICHAEL MONTEFORTE requests a Transfer of Administrative Permit#9540A from Stanley Chase to Michael Monteforte, as issued on September 18, 2019. Located: 4060 Ole Jule Lane, Mattituck. SCTM# 1000-122-4-26.2 Number 8, William C. Goggins on behalf of GERALD A. ZUKOWSKY & DONNA ZUKOWSKY requests a Transfer of Wetland Permit#7442 from Carrie Tintle to Gerald A. Zukowsky & Donna Zukowsky, as issued on December 15, 2010. Located: 1235 Lupton Point Road, Mattituck. SCTM# 1000-115-11-8 Number 9, Tom Samuels on behalf of JOHN & LORI McDONALD requests an Administrative Amendment to Wetland Permit#9467 to install a 20 kw Kohler propane-fired auxiliary power generator on a 3'x5' precast concrete slab. Located: 1700 Cedar Point Drive East, Southold. SCTM# 1000-92-1-3 Board of Trustees 13 June 16, 2021 Number 10, Suffolk Environmental Consulting, Inc., on behalf of PHILIP & LIA CHASEN requests an Administrative Amendment to Wetland Permit#9872 to install a 10'x10' spa within the footprint of swimming pool. Located: 1585 Long Creek Drive, Southold. SCTM# 1000-55-7-3 Number 11, Robert I. Brown, Architect P.C., on behalf of GEORGE WILLIAMS requests an Administrative Amendment to Wetland Permit#9485 to construct a 280 sq. ft. deck extension in lieu of previously approved 195 sq. ft. deck, to existing 524 sq. ft. deck in seaward rear yard; construct a 60 sq. ft. hot tub on a 100 sq. ft. wooden platform below the deck; in lieu of previously approved 101 sq. ft. pool; stairs leading to deck on landward side to be removed and deck squared off, adding 20 sq. ft. to the deck. The total square footage for the deck will be 819 sq. ft.; install a 29 sq. ft. concrete and bluestone landing and steps with.four(4) risers at 7.5' rise/12" run for the front of house in lieu of 84 sq. ft. landing with two (2) risers. Located: 830 Tarpon Drive, Greenport. SCTM# 1000-57-1-9 Number 12, William C. Goggins on behalf of CARRIE TINTLE requests an Administrative Amendment to Wetland Permit#7442 for the as-built raised 18'x21'4" stone patio. Located: 1235 Lupton Point Road, Mattituck. SCTM# 1000-115-11-8 Number 13, DOUGLAS CARLEN requests an Administrative Amendment to Wetland Permit#6064 to use eight (8) 6" round poles in lieu of previously approved eight (8) 4" square poles. Located: 5550 New Suffolk Avenue, Mattituck. SCTM# 1000-115-10-5 TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 14, En-Consultants on behalf of JOHN & ARMANDO CASTRO-TIE requests an Administrative Amendment to Wetland Permit#7825 and Coastal Erosion Permit#7825C for the as-built repair and modification of the existing 1-3 ton stone armor wall; and for the as-built 4.6'x24.5' untreated wooden walk, 9 sq. ft. masonry landing and 3.6'x5.1' masonry steps to beach. Located: 56055 Route 48, Southold. SCTM# 1000-44-1-20 During inspections it was noted that there was a PVC pipe that appears to be connected to a downspout that goes through the rock revetment. So I will make a motion to approve this application with the condition that that PVC pipe is removed and that the downspout is directed to a drywell. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). XIV. MOORINGS/STAKE & PULLEY SYSTEMS: TRUSTEE GOLDSMITH: Under Roman numeral XIV, moorings, stake & pulley systems, I make a motion to approve number 1, PATRICA &WILLIAM MOORE requests a Mooring in Arshamomaque Creek for a 14' outboard motorboat. Access: Private Located: 850 Ruch Lane, Southold. SCTM# 1000-52-2-30 TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 14 June 16, 2021 XV. PUBLIC HEARINGS: TRUSTEE GOLDSMITH: Roman numeral XV. At this time make a motion to go off our regular meeting agenda and enter the public hearings. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). 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. WETLAND & COASTAL EROSION PERMITS: TRUSTEE KRUPSKI: Under Wetland & Coastal Erosion Permits, number 1, Docko, Inc. on behalf of FISHERS ISLAND DEVELOPMENT CORP., c/o FISHERS ISLAND MARINA, LLC requests a Wetland Permit and a Coastal Erosion Permit to modify the west dock "T" float to add four(4) 4±ft. Wide x 24±ft. long concrete finger piers to replace the existing pulley tie-off line berthing system; the existing west dock consists of±60 linear feet of±6ft. wide fixed wood pile and timber, and ±100 linear feet of±6ft. wide concrete floating dock; modify the middle "T" dock end float to add four(4) 4±ft. X 24±ft. finger piers to replace the existing pulley tie-off line berthing system; the existing middle dock consisting of±150 linear feet of±5ft. wide fixed wood pile and timber pier with a ±90 linear foot x±6ft. Wide "T" float. Located: Central Avenue, Fishers Island. SCTM# 1000-10-1-9. The Trustees most recently reviewed this application on the 8th of June, noted that it was straightforward. Prior to that, multiple inspections were made in April, and noted that it stayed within the confines of the marina and there are no changes in the density of marine activities. The LWRP found this to be consistent. And the Conservation Advisory Council did not make an inspection, therefore no recommendation was made. Is there anyone here that wishes to speak regarding this application? MS. CANTRELL: We have Keith Nielson and two others who would like to speak. Keith, since you are the expediter, we'll allow you to talk, if you want to un-mute Yourself. MR. NIELSON: My name is Keith Nielson, I am with Docko, Inc., and I prepared the application documents before you tonight. The project basically is to install two sets of four finger piers on the southeasterly T-docks serving small boats in close to shore, in shallow water, at the Fishers Island Yacht Club, Fishers Island Marina. Each of the finger piers is a standard length and width, 20', 4' wide. They occupy the same footprint as the longstanding pulley tie off lines, and there is no other change to the project. We'll make use of the existing pulley tie off line piles where we can, otherwise those piles will be pulled and four new piles will be driven in their location. There is no net increase in the number of piles being added, and the boating facilities will occupy the same footprint. There is no adverse environmental impact here; there is no eelgrass; there is no submerged aquatic vegetation of other sorts that are of value to recognized authorities, and so we respectfully request your approval. I would be happy to answer any questions. Board of Trustees 15 June 16, 2021 TRUSTEE KRUPSKI: Thank you. Is there anyone else here that wishes to speak regarding the application? TRUSTEE GOLDSMITH: Keith, I just need to address one thing. I did not get a chance, I omitted doing a SEQRA for this one. So due to my error we are not going to be able to move forward until we make a determination on a Type II or unlisted. But it's open for comment and discussion. But just because of that we won't be able to vote on it tonight. MR. NIELSON: Okay, was that a deficiency in what we sent to you? TRUSTEE GOLDSMITH: No, that was my deficiency. MR. NIELSON: Okay. Thank you. TRUSTEE KRUPSKI: We attribute that to a very busy office. Is there anyone here else that wishes to speak regarding this application? MS. CANTRELL: There is a Charles Ciravolo who has raised his hand. TRUSTEE GOLDSMITH: I don't think that's about this application. MS. CANTRELL: Oh. Okay. MR. HAGAN: We won't know, Liz, until he says something. MS. CANTRELL: If you want to speak to this application, Mr. Ciravolo, please feel free to un-mute yourself. MR. CIRAVOLO: No, it's not in regard to that application. It is in regard to the site visit to my home and the property at 2415 Long Creek Drive MR. HAGAN: Well then, sir, you'll be out of order and we'll ask that your comment be muted so we can focus on the application before the Board. Thank you. TRUSTEE KRUPSKI: Thank you. Is there anyone else here that wishes to speak regarding this application, or any additional comments from the Board? I'm pretty sure it's --we reviewed the project. It's straightforward. We have to just table it until we finish the SEQRA review. (No response). Hearing no further comments from the public or the Board, I make a motion to table this application to finalize the SEQRA review. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number 2, J.M.O. Environmental Consulting on behalf of HARBOR VIEW COTTAGES LLC, c/o THOMAS SHILLO requests a Wetland Permit and a Coastal Erosion Permit to remove existing ramp, float and pilings as necessary; construct a 6'x20' extension to the seaward end of the existing fixed dock; install a 4'x16' aluminum ramp; install 12 new piles, and an 8'x18.5'floating dock. Located: 520 Sterling Street, Fishers Island. SCTM# 10-9-6.1 This project was visited by Trustee Williams, Trustee Bredemeyer and Trustee Domino. It's fairly straightforward. We had requested the applicant to submit new plans for a single 6x20 float. We are in possession of new plans received in the Trustee office May 25th. This project also is -- as a point of information, we'll need to have its SEQRA completed. The Conservation Advisory Council did not have an opportunity to inspect this project so we have no report from the Conservation Advisory Council. Board of Trustees 16 June 16, 2021 And the LWRP coordinator indicated that this project does not meet the standards of the Coastal Erosion Hazard Area in that the fixed area of the deck, the top surface area of the dock assembly is greater than 200-square feet. Is there anyone here who wishes to speak on behalf of this application? (No response). TRUSTEE BREDEMEYER: I see no hands, and not hearing anyone, by virtue of the fact that it was a straightforward application, we have revised plans, we just need to complete SEQRA on this, accordingly I'll make a motion to table this application. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: Number 3, Costello Marine Contracting Corp. on behalf of TIMOTHY C. QUINN, JR. requests a Wetland Permit and a Coastal Erosion Permit to construct 195'± of 1.5 to 3 ton rock and coir log revetment; reconstruct existing lower bluff stair platform and stairway to beach in-place; install jute matting and terracing boards in eroded areas down bluff, as needed; place fill behind terracing boards; and re-vegetate slope with native plantings. Located: 1 Mulford Court, Orient. SCTM# 1000-14-2-1.6 The LWRP coordinator found this to be consistent. The Trustees did a field inspection on June 8th and noted that the applicant should include a ten-foot non-turf buffer on the plans. We are in receipt of new plans stamped June 14th, 2021, which indicate a ten-foot non-turf buffer along the entirety of the bluff, at the point of reflection. The Conservation Advisory Council resolved to support this application on June 9th. Caroline Burghardt recused herself. The Conservation Advisory Council recommended using best management practices and a retractable stair at the base of the staircase. Is there anyone here to speak to this application? (No response). MS. CANTRELL: I don't see anybody raising their hands. Nobody seems to be present. TRUSTEE DOMINO: It does seem to be very straightforward, and remember asking the owner at the time about retractable stairs because I felt the Conservation Advisory Council may request that, and he was amenable to the removal of the stairs, so. Costello Marine usually does it that way anyhow. Are there any other questions or comments from the Board? (Negative response). Any other questions or comments from the public? (No response). Hearing none, I make a motion to close this hearing. TRUSTEE BREDEMEYER: Second. Board of Trustees 17 June 16, 2021 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application as submitted. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE WILLIAMS: Number 4, Costello Marine Contracting Corp. on behalf of STUART THORN requests a Wetland Permit and a Coastal Erosion Permit to construct a 4' wide walkway leading from bluff stairs to new stairway leading to beach; construct new 3'x5'10" stairway from bulkhead to beach in-kind and in-place of previously existing stairway; allow ordinary maintenance and repairs to existing upper 6'x8' platform, 3'x16' staircase, middle 10'x16' platform, 3'x5' staircase, 3'x4' middle platform, 3'x8' staircase, 3'x4' lower platform, and 3'x10' staircase as needed to reconstruct retaining walls; remove and dispose of the existing retaining walls and construct eight (8) new retaining walls, in-kind/in-place consisting of retaining wall #1 is 24' long; retaining wall #2 is 12' long wit 8' east and 8' west returns; retaining wall #3 is approximately±30' long; retaining wall #4 is approximately ±40' long; retaining wall #5, #6 &#7 are all 40' long with 5' west returns; retaining wall #8 is 40' long; and to install ±114 ton of 1-3 ton rock armoring along the seaward side of existing west bulkhead section. Located: 19375 Soundview Avenue, Southold. SCTM# 1000-51-1-20.1 The Trustees visited this site several times, most recently completing an inhouse review on June 8th, 2021. The Conservation Advisory Council did review the application, resolving to support the application with retractable stairs, bricks around pool should be pervious, and lights on staircase should be Dark Sky compliant. The LWRP coordinator found proposed action to be inconsistent, noting the inconsistency is the 10'x16' middle platform is not permissible pursuant to Chapter 275 Wetlands and Shoreline, Article 2. Is there anyone here that wishes to speak to this application? (No response). MS. CANTRELL: Nobody is raising their hands. TRUSTEE WILLIAMS: Questions or comments from the Board? TRUSTEE KRUPSKI: No. TRUSTEE WILLIAMS: I would make a motion that we table this application to give Costello Marine Contracting Corp. an opportunity to bring the proposed action into consistency with the LWRP. I make a motion to table the application. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). WETLAND PERMITS: Board of Trustees 18 June 16, 2021 TRUSTEE GOLDSMITH: Under Wetland Permits, number 1, Samuel Fitzgerald on behalf of JAMES H. CARNEY requests a Wetland Permit for the existing 1,352 sq. ft. two-story, single-family dwelling; add a 117 sq. ft. second floor addition over an existing one-story wing; remove a small portion of the existing roof to make an inset dormer; construct a new 14'x20.5' (287 sq. ft.) covered porch at the rear of the property; construct a new 7.33'x11.75' (86 sq. ft.) one-story addition, and 7.33'x5.0' (37 sq. ft.) open porch at rear corner of dwelling (total is 7.33'x16.75', 123 sq. ft.); remove existing cesspools and install new septic system on landward side of dwelling; install a new 10'x20.5' (205 sq. ft.) patio on landward side of dwelling; and install gutters to leaders to drywells for roof runoff. Located: 1852 Equestrian Avenue, Fishers Island. SCTM# 9-6-3. The LWRP found this to be consistent. The Conservation Advisory Council did not make an inspection, therefore no recommendation was made. Trustees Domino and Bredemeyer visited on May 10th, as well as Trustee Williams. We most recently reviewed these plans inhouse on June 8th, noting that the project seems straightforward. Is there anyone here wishing to speak regarding this application? MS. CANTRELL: We have Sam Fitzgerald present. Mr. Fitzgerald, if you would like to un-mute yourself to speak to the Board. MR. FITZGERALD: Yes. Thank you. My name is Sam Fitzgerald, I'm the preparer of the application I would be happy to answer any questions you have. TRUSTEE GOLDSMITH: Okay, is there anyone else here wishing to speak to this application? MS. CANTRELL: There is a gentleman George Guimaraes, I apologize if I'm not saying that correctly, who raised his hand. Mr. Fitzgerald, I'll mute you, and Mr. Guimaraes, if you wish to speak,just un-mute yourself. (No response). MS. CANTRELL: Mr. Guimaraes, do you wish to un-mute yourself and speak to the Board? TRUSTEE KRUPSKI: Can you lower his hand and just request that if he is looking to talk or is having problems to just raise his hand again? MS. CANTRELL: There is some kind of problem somewhere because I can't lower his hand either. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? (No response). Any questions or comments from the Board? TRUSTEE DOMINO: Just a little bit of housekeeping. I believe Trustee Bredemeyer and I did an inspection on the May 11th, not the 10th. TRUSTEE GOLDSMITH: Excuse me. Sorry. I mis-spoke. Hearing no further 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. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 19 June 16, 2021 TRUSTEE KRUPSKI: Under Wetland Permits, number 2, Samuel Fitzgerald on behalf of ELIZABETH W. FURSE requests a Wetland Permit for the existing dwelling with a 1,032 sq. ft. footprint to remain; demolish a 765 sq. ft. (footprint) two-story wing on existing dwelling; and construct a new 798 sq. ft. (footprint) one-story wing in similar location as existing, slightly further landward. Located: 776 Bell Hill Avenue, Fishers Island. SCTM# 9-3-2.2 This application was reviewed on the 8th of June noted that it was straightforward. Prior to that it was inspected on the, in early April by Trustee.Williams, Trustees Bredemeyer and Domino, and they also noted it was straightforward. The buffer looks good. The LWRP coordinator found this to be consistent. And the Conservation Advisory Council did not make an inspection on this application. Is there anyone here that wishes to speak regarding this application? MR. FITZGERALD: Yes, Hi. Sam still here. I can answer any questions you may have. TRUSTEE KRUPSKI: Thank you. Are there any questions or comments from the Board regarding this application? (Negative response). Okay, any additional comments from the public? (Negative response). MS. CANTRELL: This gentleman seems to be locked up. I can't even lower his hand. TRUSTEE KRUPSKI: Maybe he's -- MS. CANTRELL: No, he's gone now. TRUSTEE KRUPSKI: Okay, hearing no further comment I make a motion to close the hearing on the application. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application as submitted. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number 3, Costello Marine Contracting Corp. on behalf of JAMES WEEDEN requests a Wetland Permit to construct 178'± of 1.5 to 2 ton rock revetment landward of the tidal wetlands boundary line; install 12" diameter fiber coir logs at base of bank; establish and perpetually maintain a 10' wide non-turf buffer along the landward edge of the rock revetment; vegetate buffer area with Cape American beach grass; and replant any disturbed plantings in the wetland area. Located: 1175 Bridge Lane, Cutchogue. SCTM# 1000-118-2-16.1. This application was reviewed by the LWRP coordinator who found the proposed construction with coir logs to be consistent, Board of Trustees 20 June 16, 2021 but that the one-and-one-half to two-ton rock revetment was found to be inconsistent due to purported information concerning the erosion rate. The Conservation Advisory Council voted to support this application. The Trustees visited the site on June 8th noting that there had a been some additional erosion since the first permit was issued, which had expired for this project, noting that there is a steep slope and quite a bit of erosion where prior attempt to stabilize coir logs seemingly had not worked out. Is there anyone who wishes to speak behalf of this application? (Negative response). MS. CANTRELL: Jack Costello is present. Jack, if you want to speak, go ahead and un-mute yourself. MR. COSTELLO: Hey, guys, Jack Costello, on behalf of the applicant to answer any questions, if there are any. TRUSTEE BREDEMEYER: Any questions from the Board? (Negative response). I don't see any, Jack. MR. COSTELLO: Okay, sounds good. TRUSTEE BREDEMEYER: Is there another hand up? MS. CANTRELL: It's Sam Fitzgerald. Sam if you want to speak with regard to this project, if can you raise your hand again. I think it was still up from the last meeting. MR. FITZGERALD: Sorry, I'll leave the meeting. I'm sorry. TRUSTEE BREDEMEYER: Okay, seeing no additional comments or concerns, I make a motion to close the hearing in this matter. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Motion to approve this application noting that the field inspection of the Trustees noted additional erosion and the need for a rock revetment will bring this into consistency. Move to approve as submitted. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE DOMINO: Number 4, Costello Marine Contracting Corp. on behalf of 1663 BRIDGE, LLC, c/o DONALD BRENNAN requests a Wetland Permit to remove and dispose of'the following four(4) existing jetties consisting of jetty#1 - 75' long;jetty#2 - 50' long;jetty#3 -50' long; and jetty#4 - 50' long; and to construct four(4) new jetties in-kind and in-place using vinyl sheathing. Located: 1663 Bridge Lane, Cutchogue. SCTM# 1000-118-2-4.2 The Trustees did a field inspection on this site on the 8th of June and said that the jetties needed repair, with no further seaward extension, and to match the height of the existing but functioning jetties. The LWRP coordinator found this to be consistent. The Conservation Advisory Council on June 9th voted to approve this application. Recused is Caroline Burghardt. Board of Trustees 21 June 16, 2021 Is there anyone here to speak to this application? MS. CANTRELL: Jack Costello is here. Jack, if you want to un-mute yourself, go ahead. MR. COSTELLO: It was not coming up for some reason. Any questions from you guys? Jack Costello, on behalf of the applicant. TRUSTEE DOMINO: Jack, the project seems straightforward. We would just like to have some means to affirm they are put back in-place, in-kind as the plans state. Would it be possible to leave a portion, not a portion but a small piece of it, existing jetties, so that it can be demonstrated that it is exactly in the same place or something of that nature? MR. COSTELLO: That is easy enough. Yes, absolutely. We'll leave one of the existing piles out there so it will mark the end. TRUSTEE DOMINO: Very good. Thank you. Any other questions or comments from the Board? (Negative response). Any questions or comments from the public? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE DOMINO: Motion to approve this application as submitted TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE WILLIAMS: Number 5, Richard Gluckman, Architect on behalf of DANYAO DANIELLE CHANG requests a Wetland Permit for the existing 710 sq. ft. in-ground pool to remain; remove existing 2,858 sq. ft. brick pool patio and replace with 309 sq. ft. of natural stone pool coping and 284 sq. ft. natural stone patio paving; replace existing pool fence with new 50" high x ±305 linear foot long pool enclosure fencing; in total 5,769 sq. ft. of invasive species and 5,065 sq. ft. of mowed lawn will also be replaced by native plantings, furthermore 1,950 sq. ft. of previously brick patio area will be revegetated. Located: 2830 Grand View Drive, Orient. SCTM# 1000-14-2-3.5 The Trustees visited this site several times most recently an inhouse review on May -- June 8th, noting the review of new plans and it looks straightforward. The LWRP did find this action to be inconsistent, noting that the landowner has cleared areas and performed work within the jurisdiction of the Board of Trustees without review or permits. The Conservation Advisory Council did not have a quorum and no comments were provided for the property. Is there anybody here that wishes to speak to this application? MS. CANTRELL: Richard Gluckman is present. Richard, if you want to speak to the Board, please un-mute. MR. GLUCKMAN: This is Richard Gluckman, as noted, and I'm happy to answer any questions or discuss the project. Board of Trustees 22 June 16, 2021 TRUSTEE WILLIAMS: Any questions from the Board? TRUSTEE KRUPSKI: Not at this time TRUSTEE WILLIAMS: Is there anybody else here that wishes to speak to this application? (No response). Hearing none, I 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 according to the new plans that were dated received May 28th, 2021. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 6, AMP Architecture on behalf of WILLIAM F. GRELLA & GARY OSBORNE requests a Wetland Permit for the as-built shower (5'3"x7'6", 41 sq. ft.); pavers on sand (19'8"x47'4", 713 sq. ft.), and other landscape structures; and for a proposed exterior right turn staircase (4'2"x11'7", 83 sq. ft.) Located: 1200 First Street, New Suffolk. SCTM# 1000-117-7-30 The LWRP found this to be inconsistent, however the inconsistencies regarded the outdoor shower which has now been removed from the plans. The Conservation Advisory Council resolved to support this application. This was a tabled application in regard to the pervious pavers. The Trustees last conducted field inspection May 12th. We have new plans stamped received June 11th, 2021, as well as a new project description stamped received June 15th, 2021. Is there anyone here who wishes to speak regarding this application? MS. CANTRELL: Anthony Portillo from AMP Architecture is present. Anthony, if you want to un-mute yourself and speak to the Board, feel free. MR. PORTILLO: Good evening, Board, thank you, for having me here to discuss the plans have, if you have any questions. Real quick summary, we revised the drawings to basically make the entire rear yard gravel on a sand base, gravel to the east side of the -- on the east side walkway, and we are requesting small semi-pervious pavers on gravel for, you know, to provide for a seating area, maybe a table. We did run this by, we did provide the plan to the Town Engineer to get his opinion. We provided his response to the Board, and he seemed to think this should provide the gravel will be typically 40% and it exceeds the specified Chapter 236.5 for permeability for the Town Code. If you have any questions, I'm here to answer them. Thank you. TRUSTEE GOLDSMITH: Thank you. Anyone else here wishing to speak regarding this application? Board of Trustees 23 June 16, 2021 (Negative response). Any questions or comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion to approve this application with the plans stamped received June 11th, 2021, as well as revised project description stamped received June 15th, 2021, which I will read as follows: Proposed gravel on sand base, 684-square feet; proposed semi-pervious pavers on gravel, 289-square feet; proposed planted area upon sand, 103-square feet; proposed fire pit on sand base, 11-square feet; proposed three concrete steps, 15-square feet; proposed open-rise wood staircase, 83-square feet; remove existing outdoor shower, remove existing semi-pervious paver and gravel. And by removal of the outdoor shower will bring it into consistency with the LWRP. That is my motion TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 7, Isaac Clay Coffey, R.A. on behalf of HC NOFO, LLC, c/o TODD FEUERSTEIN, MANAGING PARTNER requests a Wetland Permit to demolish existing dwelling and construct new 1,800 sq. ft. footprint dwelling with a 1,175 sq. ft. second story for a total square footage of new two-story dwelling to be 2,975 sq. ft.; construct a wrap-around ground floor terrace on the north, west and east sides of the dwelling totaling 1,008 sq. ft. as well as a new 250 sq. ft. second floor deck; install a 62 sq. ft. built-in planter to run adjacent to the north-side ground floor terrace; install a new innovative/alternative wastewater treatment system; construct a 440 sq. ft. two-car detached accessory garage and install a 1,435 sq. ft. gravel driveway using the existing driveway's entrance from Skunk Lane; install 8" diameter by 2' deep dry wells with gutters, and leaders for roof runoff; and to establish and perpetually maintain a 10' wide non-turf buffer along the landward edge of wetlands composed of native vegetation. Located: 6370 Skunk Lane, Cutchogue. SCTM# 1000-104-5-3.3 The Trustees most recently visited the property in person in April and then most recently reviewed it at work session, and noted that originally the house needed to be shifted away from the wetland. Ideally at least 50 feet. Landscape plans include trees to remain and which to be removed. Subsequent follow-up on the 12th of May, all Trustees present. Application still not sufficient distance from the wetland. Since that time the office is in receipt of new plans stamped received June 14th, 2021, as well as a new project description. Board of Trustees 24 June 16, 2021 The new plans depict a house with nearest structure 50 feet from the high tide bush or the highest point of wetland, along with a 15-foot non-turf buffer. The LWRP coordinator found this to be inconsistent. His inconsistencies largely arose from the initial application stating it was too close to the wetland and it was not necessary to put a structure there. At that point in time, the application applied for I believe was 13 feet from the wetland. 13.3 feet. At this point it is moved back 50 feet. It is also some concerns about flooding and storm damage. And the Conservation Advisory Council did not make a recommendation at the time they visited this property. It was not staked. Is there anyone here that wishes to speak regarding this application? MS. CANTRELL: We do have Isaac Clay Coffey present. MR. COFFEY: Hello, Board. Thank you, for your time, again. We have updated the plans and description to the project. We also tried to take into consideration the potential for flooding but I think one of the things discussed at last meeting is it was a stable wetland and that with the 15-foot non-turf border that would be an appropriate action on our part, as well as the (inaudible) system that are presently installed. I'm happy to take any questions or have a conversation around it. TRUSTEE KRUPSKI: Thank you. Is there anyone else here that wishes to speak concerning the application or any additional questions or comments from the Board? (Negative response). It appears based off the submission of new plans that the applicant took prudent measures to move as far as possible away from the wetland as well as providing a sizeable buffer; native vegetation to remain and the installation of an IA system. Hearing no additional comment, I make a motion to close the hearing on this application. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application based off the new plans stamped received June 14th, 2021,,and the new project description also stamped received June 14th, 2021, which I will now read into the description: Proposed two-story single-family dwelling to replace existing single-story house; to include addition of a new 440-square feet two-car accessory garage and proposed 2,465-square foot gravel driveway. The existing building 883-square foot will be demolished and the new proposed ground floor will be 1,800 square feet with a proposed second floor that is 1,175-square foot. Total square footage of the new two-story dwelling will be 2,975-square foot. This project also includes a wraparound ground-floor terrace on the northwest and east side of the house, totaling 1,008-square feet as well as a new 250 square Board of Trustees 25 June 16, 2021 foot second-floor deck. There is one proposed 62-square foot built-in planter to run adjacent to the north side ground floor terrace. This project will include the installation of an Innovative Alternative Wastewater Treatment System that will prevent nitrogen and other harmful substances from leaching into the wetland, in addition to the creation of a non-turf barrier 15-foot upland of the wetlands composed of native vegetation to further protect wetlands. The new structures will protect and improve water runoff conditions on the site by implementing eight-inch diameter by two-foot drywells with gutters and leaders to roof runoff. The site will retain and establish new native vegetation, provide added soil stabilization and filtering capacity. Based off this project description and the new plans that will therefore bring this application into consistency with the LWRP coordinator. That is my motion. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Next application, number 8, Martin Finnegan, Esq. on behalf of JAMES J. & DAWN M. DEERKOSKI requests a Wetland Permit for the existing 2,628 sq. ft. single-family, two-story dwelling with attached garage, 324 sq. ft. covered front entry porch; remove as-built 387 sq. ft. rear deck, 202 sq. ft. rear screened porch, 130 sq. ft. retaining wall, and 2,700 sq. ft. of driveway; alter an additional 100 sq. ft. of driveway; construct a new proposed 105 sq. ft. shed; construct a proposed 145 sq. ft rear overhang; construct a proposed 394 sq. ft. rear deck; construct a proposed 648 sq. ft. swimming pool with 402 sq. ft. at grade patio and pool enclosure fencing. Located: 260 Deer Drive, Mattituck. SCTM# 1000-114-10-2 This application has been deemed to be consistent by the LWRP. The Conservation Advisory Council supported this application noting that they would have wished to have more details on the pool construction. Trustees Domino, Goldsmith and Williams inspected it on June 8th, noting this was a re-submittal of what had a been previously been a permit that had expired. Is there anyone here that wishes to speak to this application? MS. CANTRELL: Martin Finnegan is present. Martin, if you want to un-mute yourself and speak to the Board. MR. FINNEGAN: Yes. Good evening gentleman. I am here, as you know, this is a resubmission to some extent of an earlier application that was submitted back in 2017 and approved. That application was conditioned upon submission of some final survey which for reasons unbeknownst to my client never happened. So we are here on resubmission to once again request a wetlands permit for existing improvements with a few modifications. The rear improvements, exterior improvements including the deck, Board of Trustees 26 June 16, 2021 that octagonal screen structure and retaining walls are all going to go and be replaced with a smaller deck closer to the house with a screened porch. The most significant change would be the installation of a swimming pool, 36x18 swimming pool, and 402-square feet of patio on-grade. This property, the wetland boundary about 17-feet plus to the north of the rear property line, and we proposed a ten-foot non-disturbance buffer landward of that rear property line. The proposed rear deck and porch are going to be about 84 feet from the wetland boundary. The pool will be 67 feet from the wetland boundary and over 50 feet from the rear property line. We proposed drywells around the house and adjacent to the pool for roof runoff and the pool discharge. Those drywells, I believe, they are incorporated in the plan that was part of the drainage review that was conducted by the Town Engineer back in conjunction with that earlier application and found to be compliant with Chapter 236. So I think, as mentioned, the LWRP was consistent and everything seems to be okay with it. And if there are any questions, I would be happy to address them. TRUSTEE BREDEMEYER: Any questions? (Negative response). Not seeing any questions, anyone else wish to speak to this application? (Negative response). Seeing no hands, 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 as submitted. TRUSTEE WILLIAMS: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: Next application, number 9, Ken Robins on behalf of BARBARA BELL requests a Wetland Permit for new windows and door going out to deck; raising roof to make room for larger windows and doors, balcony. Located: 1055 Soundview Avenue, Mattituck. SCTM# 1000-94-1-9 On the June 8th, Trustees Domino and Goldsmith did a field inspection and noted that the application was straightforward. The LWRP coordinator found this to be exempt based on the information before him. The Conservation Advisory Council on June 9th all voted to support this application. Is there anyone here to speak to this application? MS. CANTRELL: Barbara Bell is present. Ms. Bell, if you want to un-mute yourself and speak to the Board, go ahead. Board of Trustees 27 June 16, 2021 MS. BELL: I'm available if there are any questions. TRUSTEE DOMINO: Thank you. Any questions or comments from the Board? (Negative response). Any questions or comments from the public? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application as submitted. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE WILLIAMS: Number 10, Crowley Marine Contracting on behalf of RJJ PROPERTIES, LLC requests a Wetland Permit to remove and replace 100' of existing creosote bulkhead with a new vinyl bulkhead in-place and at an elevation 6" higher to match neighboring bulkhead walls; lift existing permitted 14'x44' deck and support at higher elevation and change decking to IPE; install seasonal T wide steps to beach; install 40 cubic yards clean sand behind new bulkhead; and area to remain non-turf behind bulkhead. Located: 7225 Nassau Point Road, Cutchogue. SCTM# 1000-111-15-12 The Trustees visited the site on June 8th, noting that the bulkhead replacement seemed straightforward, and to check the permit history on the deck. There is a permit for the deck that is there. The LWRP program coordinator found this to be consistent. The Conservation Advisory Council supports the application to replace the bulkhead however questions the size of the platform. Is there anyone here that wishes to speak to this application? MS. CANTRELL: Ian Crowley is present. Ian, if you would like to un-mute yourself and speak to the Board. MR. CROWLEY: Good evening. Ian Crowley on behalf of RJJ Properties. I can answer any questions you may have. TRUSTEE WILLIAMS: Anybody on the Board have any questions? (Negative response). Anybody else from the public here that wishes to speak to this application? (Negative response). 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). Board of Trustees 28 June 16, 2021 TRUSTEE GOLDSMITH: Number 11, ALFRED & MARY MAGILL request a Wetland Permit for the as-built replacement of existing dock float, catwalk and posts with new 126' long catwalk consisting of 4"x4" pilings, 2"x6" cross supports two per section with 4"x4"x8' with 3/8"x6"galvanized bolts and 4" screws; 5'x20' float replacement consisting of Douglas fir 3 planks 2"x10' with 1 Y2" space between planks approximately±3' above mean low water, using approved enclosed foam, deck of float is 5/4" cedar with #316 stainless screws. Located: 1145 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-26 The LWRP found this to be inconsistent. The inconsistencies are the structures were constructed without obtaining a Wetlands permit. The as-built dock is located within 15-feet of the adjacent property boundary. The Conservation Advisory Council resolved to not support the application. There is a concern with the safety of the structure and the dangerous construction. The structure should be completely removed and reconstructed properly with cross supports and a handrail. The Trustees conducted a field inspection June 8th, 2021, questioning the as-built structure and the length of the previous catwalk. Is there anyone here who wishes to speak regarding this application? MS. CANTRELL: There is someone with the name Magill family. They are not raising their hand. TRUSTEE GOLDSMITH: Are there any questions or comments from the Board? (Negative response). TRUSTEE KRUPSKI: Did you mention just a cause of the rebuild. TRUSTEE GOLDSMITH: No, I was going to do that. Just, while we are waiting, the as-built, we do have photos in the file here from way back. It looks like September 1927, that show a dock in this location. MS. CANTRELL: There is a Kevin M to speak. So, Kevin M, if you want to un-mute yourself and just state and spell your name for the Minutes. MR. MAGILL: Sure. Kevin Magill, Alfred Magill's son, here to answer any questions. I think what we are dealing with here is a case of pre-history, pre-records, and I think that my father did everything he was supposed to do and according to the recommendations as set forth by the Board and panel here and just here to answer any questions you have. I feel we are doing everything that we can do to comply with what we were asked to do and the rules are changing as we are going. Thank you. TRUSTEE GOLDSMITH: So just to address that, and if we do move forward with it, anything that would be built in an area such as yours we would recommend or require through-flow decking. So going forward, if we do approve this application, we will condition any repair and/or replacement of that dock with through-flow decking. Currently there is big gaps between the Board of Trustees 29 June 16, 2021 boards that are there but ideally we have through-flow decking that will prevent habitat fragmentation and will allow for water and light penetration to the healthy marsh below that dock. Is there anyone else here wishing to speak regarding this application? (Negative response). Any other questions or comment from the Board? TRUSTEE KRUPSKI: Not at this time. TRUSTEE GOLDSMITH: Hearing none -- MR. MAGILL: I have another question. Is there any support for just the deck, I mean the catwalk is just remediating what was always there, so if it's not up to the standards of the pass-through drainage, all we have is what was always there. That is an incredible burden and cost for my parents. TRUSTEE GOLDSMITH: I apologize, you must have misheard me. I said any replacement and/or repair to the structure that you already constructed going forward we'll require through-flow. MR. MAGILL: Understood. Thank you. TRUSTEE GOLDSMITH: You're welcome. 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 stipulation that any future repair and/or replacement to the dock and catwalk be constructed with through-flow decking, and also noting that this dock predates the Trustees permits, therefore bringing it into consistency with the LWRP. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 12, Patricia Moore, Esq. on behalf of LEFKARA HOLDINGS, LLC, c/o NEOFITOS STEFANIDES requests a Wetland Permit to construct a pool (648sq.ft.) Outside jurisdiction; within jurisdiction remove invasive vegetation; restore with no mow fescue sod; install 70 linear feet by 63 linear feet by 70 linear feet of pool enclosure fencing with gates; install a propane tank 90' from top of bluff; and install and perpetually maintain a 30'wide vegetated buffer along the landward edge of top of bluff. Located: 1070 The Strand, East Marion. SCTM# 1000-30-2-77 The Trustees most recently visited this site on the 8th of June and noted that the 30-foot vegetated buffer should be a non-disturbance buffer, and to remove all activity within 30 feet and re-apply. I have a separate letter from the 8th from the office of Patricia Moore. As we discussed on field inspection we are removing from the permit application the 30-foot vegetated buffer landward of the top of the bluff in order to apply for a Board of Trustees 30 June 16, 2021 separate permit for a landscape plan with a revised project description. The LWRP coordinator found this application to be consistent. And the Conservation Advisory Council supports the application using best management practices. They do not recommend fescue sod, however, for fear of it being mowed and maintained. I also have a letter in the file from a neighbor noting: Good afternoon. Concerning the construction of the adjacent property, there is some concern about the lot line distance. Additionally, they are concerned about the construction issues causing damage to their property while they are building the pool. And they would like a fence installed to prevent dust from entering the property. And they also are looking that any damages that occurs during construction would be, the applicant would be held liable, is their request. Please note that we have no issue with the neighbor's swimming pool, we simply request that proper measures be taken to prevent damage and contamination of the home and yard. Is there anyone here to speak regarding this application? MS. CANTRELL: We have Patricia Moore present with regard to the application. Pat, if you want to un-mute yourself and speak to the Board. MS. MOORE: Good evening. Patricia Moore, on behalf of Lefkara Holdings LLC. Neo Stefanides is the principal owner. Yes, the house and the pool were out of jurisdiction but the concern was the activity around the pool that might cause disturbance within a hundred feet. So this application was put in, it includes the landscape, or a very simple landscape plan, but not much detail on the 30-foot vegetated area. So as I put on the record in the letter, we will come in, my client has tried to meet up with Briarcliff to discuss detailed landscape plan within the 30 feet. It is heavily vegetated, a lot of invasive species are there, and we want to be able to provide a nice plan that both protects the property and allows for the views that everyone buys their waterfront home for, but it would require some greater detail. The property is just so overgrown, quite frankly it was impossible for anyone to cut through, so I think that once the area is cleared for the construction that is taking place, it will make it much easier to identify what is, what are good plants and what are the invasive plants and how to best provide for a nice, vegetated buffer. TRUSTEE KRUPSKI: Thank you. Is there anyone else that wishes to speak for or against this application? (Negative response). Any comments from the Board? I guess I'm looking for a little bit of clarification from the Board in terms of, you know, I have some notes that it should be, the buffer should be clarified as a non-disturbance, but it appears that you had a conversation in the field with Ms. Moore about removing that? Board of Trustees 31 June 16, 2021 Is that acceptable to, being as I didn't see this site in the field myself, I was kind of looking for a little clarification. TRUSTEE GOLDSMITH: Ms. Moore was not there when we were initially there, and it's a heavily vegetated part right now, and we would want to keep it that way, however she said she would return, as she just said, with a planting plan to address that issue. So it's almost leave it out of the description for now, and they'll come back to us with another application to address that area and what to do with it. TRUSTEE BREDEMEYER: Correct. I had completed the field notes and Ms. Moore showed up and there was the iteration that that would come in subsequently. TRUSTEE KRUPSKI: So just for further point of clarification, and potentially to move forward with this application, that 30-foot area will not be disturbed during any activity until another permit addresses that? TRUSTEE GOLDSMITH: That was my understanding. TRUSTEE BREDEMEYER: That was my understanding. TRUSTEE GOLDSMITH: Pat, do you want to speak on that? MS. MOORE: Yes. TRUSTEE GOLDSMITH: That 30-foot section will be undisturbed now until you come black with a -- MS. MOORE: Yes. I'm sorry, I don't know if I'm un-muted or not. Am I still on the record? TRUSTEE KRUPSKI: Yes. MS. MOORE: Thank you. I apologize. Okay, yes, to clarify. I was at a Building Department inspection in Mattituck and just made it when you were getting ready to leave. So I apologize. I sent my staff but just to make sure that if you asked for anything, we'd know what you needed. But yes, the agreement is I remove the 30 feet from this application because a non-disturbance would be really detrimental to this property. It is so overgrown, it would eliminate any views of the Sound and it's quite unnecessary given the condition of the property and how overgrown and invasive everything there is. So, yes -- TRUSTEE KRUPSKI: We are already moving past that. MS. MOORE: The answer is yes, the application is up to the 30 feet. The 30 feet will come in as a separate. It is not a non-disturbance at this point because it's not part of your application. My application is up to the 30 feet then I'll come in on an application landscape plan for the 30 feet, the, technically the buffer area. That way there is no, I don't have to come up, we are not dealing with whether it's non-disturbance or vegetated. It's the application right now is up to 30, and no touching, there won't be any activity after that point. TRUSTEE KRUPSKI: That was a confusing response, but for point of clarification there will be no current work within 30 feet of the top of bluff. MS. MOORE: You are correct. TRUSTEE KRUPSKI: Thank you. MR. HAGAN: That line is delineated on the plan, right? Board of Trustees 32 June 16, 2021 TRUSTEE KRUPSKI: Yes. MR. HAGAN: Great. MS. MOORE: It's on the plan already. TRUSTEE KRUPSKI: Thank you. MR. HAGAN: So the work will be done as proposed and then no work will cross beyond the 30-foot line that is delineated on the plans. Got it. Okay. TRUSTEE KRUPSKI: Thank you. Is there anyone else wishing to speak regarding this application? (Negative response). Hearing no further comment, I make a motion to close the hearing on this application. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application noting that at this time there will be no activities within 30 feet of the top of bluff. TRUSTEE DOMINO: I'll second that. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Next application, number 13, Stacey Bishop on behalf of FORDHAM HOUSE LLC, c/o DENIS BOUBOULIS requests a Wetland Permit to install a ±1,167 sq. ft. on-grade paver patio along the seaward side of the dwelling; extend existing westerly 15' long by 10' high by 12" thick concrete and stone veneer retaining wall an additional 35' seaward for a total length of 50' beginning at the left rear corner of existing dwelling; at seaward end of westerly retaining wall, install a 28' long, varying height concrete and stone veneer retaining wall parallel with the dwelling; along easterly side of property, extend existing 3' high natural stone retaining wall an additional ±45' seaward; approximately 15' seaward of proposed 28' long parallel retaining wall, install a ±3' high by±45' long retaining wall situated approximately 1' landward of established 50' wide non-disturbance buffer; and to install a generator pad, generator, and buried gas tank for the generator. Located: 5205 The Long Way, East Marion. SCTM# 1000-21-5-11 The project, as a reiteration of this project, is not supported by the Conservation Advisory Council. It is deemed to be inconsistent by the LWRP. The last visit of the Board of Trustees on April 10th of 2019 indicated there was a violation at that time. We went and met with Ms. Moore and Joe Fischetti the engineer, and expressed the Trustee concerns for limitations on the, for the retaining wall. Is there anyone here that wishes to speak to this application? MS. CANTRELL: Patricia Moore. If you want to un-mute yourself, go ahead. MS. MOORE: Yes, thank you. Patricia Moore, on behalf of Fordham Board of Trustees 33 June 16, 2021 House LLC. This is an application, I want to just put on the record, it started in 2014. 14-15. Stacy Bishop applied for the improvements to what is the area within your jurisdiction. The backyard of this house that is in Pebble Beach Farms where all the homes, 75% of the homes on this, in this subdivision have clear cut lawns to the top of the bluff, which the top of the bluff has been long established by the map by En-Consultants in 2008, by a Zoning Board, a Building Department determination and Zoning Board action in 2014. And finally, a letter of non-jurisdiction from this line in 2014 from this Board. The house was built, they came in and asked for the rear yard improvements. Most importantly, the property is adjacent to the Pebble Beach access point, the beach access, and next door there had been a wood retaining wall, now it's boulders, that was changed by Pebble Beach Farms. And this house and the rear yard, because they were not permitted to do anything until they got Trustees approval, has been causing erosion within the property and so much so that Stacey Bishop put up one eco-barrier, and then due to erosion a second eco-barrier had to be installed, all during the time that there was negotiations back and forth since Jim King was President of the Board addressing, really it was just moving decks on the Titanic. It was moving where is the, where a, pardon me, an LP gas tank and generator would be located over on the east side, west side, went back and forth, east and west side, multiple times all during the discussions, all before many of this Board was sitting on the board. It was Jim King, Mr. Bredemeyer. Mr. Domino you may have been there, but it may even predate you. So all this time he has been waiting and trying to get an approval with the necessity for retaining walls that were incorporated in a 2000 -- since 2008 or 2009 when the Board first approved a wetland permit for the house, a deck, a pool and C&R's were filed for a 50 foot non-disturbance buffer. So thereafter, the Board again negotiating with Stacey Bishop, the design of the retaining walls went back and forth, most important retaining wall on the east side had to retain the elevation from the neighboring house which had raised their grade significantly when they built the house to a certain extent by digging from the grade of this property. Nevertheless, that was before my client owned it, and it left some disturbance on my client's property that the easterly retaining wall will address. On the westerly side, because of the topographies that the slopes go down toward the community beach and open space area, as I said, Pebble Beach has addressed there, the slope, with boulders and, starting with retaining walls, wood retaining walls but now two layers of boulders. So they have addressed their retaining, the grade, with manmade artificial grading. On my client's property, the retaining wall on the west side provided some retention of the property, there was an opening for access of the rear yard to allow for lawn and access Board of Trustees 34 June 16, 2021 of equipment, and then in 2018 the Board asked me to provide a drainage plan and we filed on October 30th, 2018, a survey showing all the drainage that would be incorporated as part of this plan. That is in your records. It does, the description does not include it but because we started this process so long ago, your descriptions have changed over the past four years that this application has been pending. We, I had requested on multiple occasions to meet with the Board and through Damon to try to resolve the differences that we had, obvious differences we had with the Board and the application. Most recently I submitted a letter to Damon addressing all the points because we seemed to go, the issues seem to change. It went from what were the improvements to where was the top of the bluff and we pivoted and redirected the attention to a determination of where the top of the bluff was. I provided a letter with a, you know, history of where the top of the bluff was, how it was determined, including the Zoning Board history. And I provided that, I actually, I learned that this matter was going to be put on the calendar today, at one o'clock. So at that point, I had no knowledge if, and I asked Mr. Hagan to reach me but he and I never spoke, to find out what happened to my submission and to make sure that it was part of your record. I see you walking around. There may be a submission. I E-mailed it this evening to Damon and to Elizabeth and Diane. But again I have no knowledge it was actually submitted. So I would ask the Board just acknowledge receipt of that letter. That letter also includes -- sorry. MR. HAGAN: Sorry, the microphone is not working. I can acknowledge receipt of the letter and the photos that accompany it and that it is included as part of the record. MS. MOORE: Great. Thank you, very much. I appreciate it. So here we are four years later and my client has been unable to close out his CO all because we have a rear yard that has been in back and forth for many years. I would remind the Board this started with Jim King, and in good faith, plans, multiple plans were submitted really addressing where a propane tank and the, would be. The retaining walls have been part of this file since as I said 2009. And including when the Zoning Board reviewed the application, as well as the definition of the top of the bluff. So the Zoning Board acts as a quasi-judicial board. It made that determination. It made a determination based on the Building Department. So the issue of top of the bluff has been well decided and is not an issue here, and should not be an issue and should not have delayed this application for three or four years. Certainly in the last two years. So I have been trying very hard to satisfy the Board but we got really very little comments back other than at a field inspection on the record, I would put the fact that the comments I heard were we are not giving this guy a backyard. The Board of Trustees 35 June 16, 2021 retaining walls are giving this guy a backyard and we are not giving him a backyard. So that to me just is inconsistent with the Board's responsibilities and statutory requirements. Finally, I would ask a final question, there was an executive session under Freedom of Information law the Board has an obligation to identify what matters are discussed during executive session. Not the conversation, but the matters that are discussed. MR. HAGAN: I'll be free to address that. I was late in coming over here because I was dealing with another matter unrelated to the Board of Trustees, but at executive session I did notify them that we, I had both appeared in court today and based on the conversations that you and I had on the record in front of Judge Powers, that this matter was put back on the agenda for tonight. MS. MOORE: Okay, thank you, very much. Mr. Hagan, for that, advising me. MR. HAGAN: And just so that we are clear, the work session does begin at 5:00. The executive session did start later than five o'clock because as I said I was tied up with another matter completely unrelated to the Town Trustees. But executive session was relatively short, just to notify them of what had gone on in court today and that this matter was now put on the agenda. MS. MOORE: Okay, thank you. I guess my concern is that the conversation of the merits of this application have actually never been put on the record. There have been a lot of communication by Stacy and prior Boards and it's all been in the field, and written communications have occurred but just, unfortunately, the record of this application is going to rely on written and many submissions of maps and surveys without comment or review on the record. So I than the Board really for the time you have spent on this. I know that there was some, I guess some miscommunications in the past, but I know that in the time I have been involved, you have been courteous, I think that unfortunately the applicant I think is submitting a relatively reasonable application, Pebble Beach Farms, as I said is a very well established, developed community, and this property owner has a 50-foot non-disturbance buffer when other properties at the largest one I have seen is 30 feet. Most of them are 10, 20. That covenant, that condition was placed on the record many years ago and there is nothing to be said further. I just want to compare how this property has been treated and what is left of my client's property is in fairness to him, his useable land. And we would ask that you recognize it as such and allow him to stabilize and provide a yard where none really does exist at this point. Thank you. TRUSTEE GOLDSMITH: Pat, for the record, is there a permit from the Board of Trustees for any of those retaining walls as they are constructed? MS. MOORE: For the record, the retaining wall on the west side, part of it is out of your jurisdiction. It was finished without Board of Trustees 36 June 16, 2021 a permit. And that I can acknowledge, again, out of pure frustration, and a reasonable request for approvals that began, the application was filed, I want to say 2014 or'15. His son was injured on the unfinished retaining wall and rather than sue the Town for essentially creating a nuisance, an attractive nuisance, he would have to sue himself, his insurance company, and then they would have gone after the Town because it was a partial retaining wall that was left unfinished because the Board said, no, you need a permit to complete it. So yes. TRUSTEE GOLDSMITH: So the retaining wall was not finished because it did not have a permit from this Board, correct? MS. MOORE: Well, no. The portion that was, there was a portion that was out of your jurisdiction, and then the portion that was unfinished, could not, that could not be finished obviously because we needed this permit. So yes, we acknowledge, we are in Justice Court, so the matter is, and I keep reminding the Board and I'm sure Mr. Hagan knows this -- and stop smirking, Mr. Hagan. I see you. But in any case, the violation is the means to punish someone with fines and, you know, the criminal process that you initiated. The permit process is not intended to punish the applicant. So let's keep those two issues separate. We are in Justice Court. We will address the violation in Justice Court as we have been for the past number of years. It doesn't obviate the need for applying for a permit and getting a permit. And we think that we submitted a reasonable application, and the Board should grant it as it has been requested, and we'll deal in the Justice Court and negotiate whatever resolution is appropriate at that time. But we can't end the Justice Court matter while we have this pending wetlands. So it's a catch 22. And that's the status we have been in for many years. TRUSTEE GOLDSMITH: I just want to say, I know this has been going on since at least when I got on the Board in 2016, 1 know one of the issues that we ran into was there was a retaining wall of a shorter length at one point in time that did not have a permit. We discussed it in the field numerous times, and after those meetings that retaining wall grew by quite a significant distance. Again, without a permit. And that was our issue all along, and continues to be, and we never issued a permit for the previous retaining wall nor the subsequent retaining wall. And we did talk about the erosion as well as the slope in the backyard. And those discussions did take place, if I'm not mistaken with both you and the previous expediter Stacy Bishop, and we were consistent with what we were saying but we never got plans or resolution from your end, you know, and looking at the latest photos from 2020, there are stairs, cement stairs it looks like, in the back. Again, my recollection, we never permitted that. There was discussion about leaving a space for lawn mowers and equipment to go around the proposed wall. So everything that is there, everything that has been constructed Board of Trustees 37 June 16, 2021 was not done with any permit or approval from this Board, and that goes back to at least 2016. TRUSTEE BREDEMEYER: And as a reiteration that was in fact part and parcel to the discussion that we had with Ms. Moore and Mr. Fischetti on March, excuse me, April 10th of 2019. And of course we see now in the photographs there has been stone fascia and stonework has been added to the same wall to the full extent. MS. MOORE: I'm sorry, I think there is a misunderstanding. That is a rendering. That is a mock-up. You asked for a mock-up. That is what was submitted to you. So the letter of May, 2020, what we provided for you was the landscaping, the steps were just getting access, and the stone walls and so on, those are mock-ups. That's my understanding. MR. HAGAN: So that may be because of the black and white. TRUSTEE BREDEMEYER: It may be from the black and white. TRUSTEE WILLIAMS: So -- MS. MOORE: I don't know if you are looking at-- are you looking at the May letter with the attachments? MR. HAGAN: Yes. MS. MOORE: That's all a mock-up. TRUSTEE GOLDSMITH: That's black and white photos, so it's a little -- MS. MOORE: I sent over color but your printer did it in black and white, so. TRUSTEE WILLIAMS: So at this point, the stone wall has no veneer on it? No decorative stone veneer? MS. MOORE: I mean, that's my understanding. I have not been there in the last day or two. As I said, I came in, I heard of this today. I would have been, I would have caught up had I known. I was just there, we were there for the other application on The Strand, and I didn't see anything from a distance. TRUSTEE BREDEMEYER: Pat, we happened to be in the street on the way to your other inspection on The Strand and it's got a complete stonework fascia that has been applied to, it would appear, we were on the property to the full extent that the wall goes, it looks to the full extent that the stone or additional work has been done. TRUSTEE KRUPSKI: I guess, for further point of clarification, and Pat maybe you were not privy to this information or were not able to complete research on this, but this Board has spent a large amount of time working with your applicant the former expediter who eventually just fell off the map, try to bring this into compliance. If the applicant was not allowed to work any further, they were obviously notified of that. I believe that's why you received a violation. And every time this Board spent just large amounts of time at this site we would find additional retaining wall built further and further each time. So I do resent the implication this Board has not worked with you or your applicant and it's been four years or technically five years, because we were working very hard to try to help the applicant along the way, and in no way has that been Board of Trustees 38 June 16, 2021 reciprocated on this application. That claim is just ridiculous. In terms of building completely unsafe structure without a permit, that's completely what happened. And we continue up to this point and are still going to continue to remedy the situation at that property. TRUSTEE WILLIAMS: Our goal is compliance. MS. MOORE: Listen, I only appeared, I met with you once. Stacy Bishop met or, I think met many times with Jim. I think you both missed each other on one inspection. So I don't know, again, it's pre my involvement. So I can't answer to that. TRUSTEE KRUPSKI: I probably personally been to this property a dozen times. MS. MOORE: How many times? TRUSTEE KRUPSKI: Easily a dozen times. More than I visited my grandparents in the last five years. MS. MOORE: Okay, well, I don't know. If you went there, I don't know if you were with them or not with them, to be honest, so. Okay, I can only do it by way of submissions and written submission to if there were communications and discussions, they led to certain application plans. And then again, so much is done off the record that, you know, here we are, we had a year of COVI D -- TRUSTEE KRUPSKI: I'm sorry, I have to interrupt you. It's all on the record in the file. So nothing for this project or any project the Trustees do is off the record. It is also, all as we mentioned earlier, written correspondence that is very subject to public record and documentation MS. MOORE: Okay. TRUSTEE GOLDSMITH: The only thing that was off the record was the construction of the retaining walls. TRUSTEE KRUPSKI: And the drywells. And the grading. Anything else? The deck. The fill. TRUSTEE WILLIAMS: And the new stone fascia. TRUSTEE GOLDSMITH: Propane tank. I think that might be it. TRUSTEE BREDEMEYER: It's unfortunate, too, I'm looking at one field inspection here, June 13th, 2018, work underway not permitted at time of inspection. Stacey Bishop not present. She missed her appointment. In other words, we got stood up for appointments. The Board has made numerous efforts. MS. MOORE: I understand that. I know that her daughter suffers from a debilitating illness and she would go to children's hospital. So I think there were several appointments that unfortunately she had personal obligations, she should have let you know. I can't, again -- TRUSTEE DOMINO: The point is you characterize it as an unwillingness of this Board to work with people. And that's totally unfair. And I'm not going to say much more, except that I literally found out this was on the agenda when I walked in the building today, and I have not had the opportunity to prepare myself. And I certainly can't say my memory is totally Board of Trustees 39 June 16, 2021 fresh on this application, but I'm really upset about what consider to be innuendos and mis-characterizations on your part on the actions of this Board. TRUSTEE GOLDSMITH: And, also, if Ms. Bishop was-not at the field inspections, the work was still continuing during that time. So that work, every time we would go there, it would be more work completed without a permit. And we are still at that point. MS. MOORE: Okay, yes, my client will address those issues to the Justice Court process. It still leaves a property that needs retaining walls, it needs landscaping, it needs drainage. So whether it was not done in the proper course, so be it, that's a Justice Court matter. Whether the work is appropriate and necessary and, you know, I don't want to have someone punished when the job itself, when the work is suitable and appropriate for the property. So. Ultimately. TRUSTEE GOLDSMITH: Pat, a lot of this is self-inflicted because the work that was done without a permit caused the issues that we see today. When we first went there, that bluff, top of the bank, top of bluff whatever you want call it was heavily vegetated. The proposed retaining wall was up close to the house. We said at the time the extension of the retaining wall would cause more erosion and damage the bluff. You built it without a permit and there was more damage and erosion to the bluff, a problem that was created by the construction without a permit. Everything that we talked about and detailed prior to. That was the reason we were not going to issue a permit for that retaining wall, because we saw the problems that would arise from it. And your client built it without a permit, and now you are coming to ask for forgiveness for something that was created without a permit and against the wishes of the Board. MS. MOORE: Well, I would ask the Board, I mean you really should take a look to see if there is in fact any erosion or drainage at this point, because the drywells and the wall would have eliminated it. So the, and I would go back, I'm sorry, I'm looking at aerials and activity that it was all within the scope of the construction what they were trying to do is put in proper containment and drainage. So, I mean, we can argue over the facts, I can only go by way of what I have in my file that was obtained. But, you know, unfortunately, I see where we are going, and I wish we didn't have to go there, because it's a lot of cost to the Town and to me as a taxpayer, and we'll be in court for several years. So it's a shame. And honestly, you know-- I won't say anymore. TRUSTEE BREDEMEYER: Okay, thank you, for your comments. Is there anyone else wishing to speak to this application? (No response). Seeing none, any further comments from the Board? (Negative response). TRUSTEE BREDEMEYER: I make a motion to close the hearing in this matter. TRUSTEE KRUPSKI: Second. Board of Trustees 40 June 16, 2021 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Motion to deny this application without prejudice. The record speaks for itself. Construction has taken place numerous times without a permit. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE DOMINO: Number 14, Suffolk Environmental Consulting on behalf of SIGURDSSON BALDUR, LLC, c/o WADE GUYTON, MANAGER requests a Wetland Permit to construct a 41.96'x57.28' (1,712 sq. ft.) two-story dwelling; a 40.5'x14' (680 sq. ft.) in-ground swimming pool with a surrounding 680 sq. ft. terrace; resurface an approximately 1,668 sq. ft. asphalt driveway; and to establish and perpetually maintain a 10' wide non-turf buffer along the landward edge of the top crest of the bluff. Located: 1800 Hyatt Road, Southold. SCTM# 1000-50-1-4 The LWRP found this to be consistent. The Conservation Advisory Council on June 9th supported the application and recommended an IA system. The Trustees most recent inspection at this time was on the 8th of June. Present were Trustees Bredemeyer, Domino, Goldsmith and Williams. The notes read this application is straightforward, and questions should an IA system be considered. Is there anyone here to speak to this application? MS. CANTRELL: We have Suffolk Environmental is present. If you would like to un-mute yourself and state your name and spell it for the record, please. MR. ANDERSON: Bruce Anderson. Suffolk Environmental Consulting. You'll recall this was a project that was approved back in 2019. It has not changed. This is, the original project was filed after the house was burned to the ground. I'm sure you still see the remnants there. So I appreciate you re-reviewing this. And I want you to know also that we had a rather extensive Zoom meeting with the Health Department this past Monday and we had advised the applicant and the applicant understands that although the septic system is out of your jurisdiction, there will have to be an IA system installed here. And the difference really will be in the treatment unit will be installed in lieu of a septic tank that is currently depicted on your survey. So that is really all I have to say about this particular project. TRUSTEE DOMINO: Thank you, very much. Any other questions or comments from the Board? MR. HAGAN: Or anyone from the public? MS. CANTRELL: No. TRUSTEE DOMINO: Any questions or comments from the public? (No response). TRUSTEE KRUPSKI: Just, I would like, I know it sounds like they have to do it but I would like to see it as a stipulation from us as well for the IA. That's my personal opinion. Board of Trustees 41 June 16, 2021 TRUSTEE DOMINO: Is that the feeling of the Board? TRUSTEE GOLDSMITH: Sure. TRUSTEE DOMINO: Hearing no further comments, I make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application as submitted with the stipulation that an IA system be installed TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE WILLIAMS: Number 15, Suffolk Environmental Consulting on behalf of STEVE &JANE PETERSON REVOCABLE TRUST requests a Wetland Permit to install a 14'x28' swimming pool; a 10'x18' on-grade bluestone patio,; and pool enclosure fencing. Located: 300 Jacksons Landing, Mattituck. SCTM# 1000-113-4-5 The Trustees inspected this site on June 8th, noting the project to be straightforward. The LWRP program coordinator found this action to be consistent. And the Conservation Advisory Council supports the application as submitted. Is there anybody here that wishes to speak to this application? MS. CANTRELL: We have Suffolk Environmental is present. If you would like to state your name for the record. MR. ANDERSON: Hello, this is Bob Anderson, Suffolk Environmental Consulting on behalf of the applicant. How is everybody doing this evening. TRUSTEE WILLIAMS: Good. Thank you. We found this project to be straightforward. Is there anything you needed to add, sir? MR. ANDERSON: No, this is fine, actually. TRUSTEE WILLIAMS: Sounds good. Are there any questions from the Board? (Negative response). Is there anybody else here that wishes to speak to this application? (No response). Hearing none, I would like to make a motion to close the public hearing. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE WILLIAMS: I would like to make a motion to approve the application as submitted. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 16, Suffolk Environmental Consulting, Inc. on behalf of IRA & SUSAN AKSELRAD requests a Wetland Permit to construct an addition to the first story of existing dwelling along its southerly face measuring 10'x31.2' (311.25 sq. ft.); Board of Trustees 42 June 16, 2021 construct a roof deck above the first story addition and extending 46.2' from the westerly end of the addition towards the seaward face of the existing dwelling (10'x46.2' or 461.25 sq. ft.); construct a first story deck immediately seaward of the proposed first story addition measuring 10'x27.3' (273.3 sq. ft.); construct 198 linear feet of bulkhead previously approved shortly after hurricane Sandy not built but removed, a 12-foot return on the South and of the bulkhead, a 12-foot wide splash pad between the lower and upper bulkheads, a 4' x 19' descending stairs to a 6' x 8' landing, a 3' x 10' descending stairs to a 10' x 20' at grade platform, a 4' x 6' platform at proposed lower bulkhead with 3' x 12' steps to the beach. Located: 4125 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-6.4 The LWRP found this to be inconsistent. The inconsistency is the 10x20 at-grade platform is proposed to be located within FEMA flood zone VE. Structures in these areas should be relocated or minimized due to threat of repetitive loss and damage from storms. And the bulkhead seaward projection may result in an impact and loss of public lands. The Conservation Advisory Council inspected the property, however a quorum was not present. There was concern with the drain in the lawn areas and its purpose. The second bulkhead is not necessary as the existing is functional. The Trustees most recently conducted a field inspection June 8th, 2021, where we discussed the seaward projection of the bulkhead. We did receive new plans stamped received June 14th, 2021, that show relocated bulkhead that matches up to the neighbor to the south and is landward of the neighbor to the north, as well as a revised project description. Is there anyone here who wishes to speak regarding this application? MS. CANTRELL: We have Suffolk Environmental present. If you want to un-mute yourself and state your name for the record. MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting. As you know, there has been now three reiterations of this plan. I think we tried to address each and every one of the Board's concerns. I'm hoping that we can bring this to a successful conclusion tonight, and I can answer any questions you may have. But it is accurately described by Trustee Goldsmith. TRUSTEE GOLDSMITH: Bruce, one thing for that lower platform, would you be amenable to using stainless steel hardware to address the LWRP's concerns? MR. ANDERSON: Yes, sir. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak to this application? MR. HAGAN: There is one point. The Board of Trustees did review the old aerial photos with regard to the previous bulkhead locations and its previous location prior to today. TRUSTEE GOLDSMITH: And also we did get the long environmental assessment form as well which was reviewed as part of the file. Bruce,just one more, for point of clarification. The Board of Trustees 43 June 16, 2021 letter dated June 15th, 2021, is that second project description, is that the one for the record? MR. ANDERSON: Yes, it is, because when we re-aligned the bulkhead we shortened the splash pads variable, as you can see, and also the return of the south side seven feet. TRUSTEE GOLDSMITH: Okay, any other questions or comments? (Negative response). Hearing 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 plans stamped received June 14th, 2021, as well as the following project description, which I'll read into the record. Applicant requests a Wetland permit to construct an addition to the first story of the existing dwelling along its southerly face measuring 10'x31.2', 311.22 square foot; construct a roof deck above the first-story addition and extending 46.2 feet from the westerly end of the addition toward the seaward face of the existing dwelling, 10'x27.3' for a total of 273.3 square feet; construct 198 linear feet of bulkhead as previously approved shortly after Hurricane Sandy, not built but removed, and no further seaward than the existing bulkheads at the northerly and southerly residential parcels, and with fronting toe armor; a seven-foot return on the south end of the bulkhead; a ten-foot wide splash pad between the lower and the upper bulkheads narrowing to seven feet at its southern edge; a 4'x19' descending stairs to a 6'x8' landing; a 3'x10' descending stairs to an 8'x25' at-grade platform; a 4'x6' platform at the proposed lower bulkhead with 3'x12' steps to beach; and the stipulation that stainless steel fasteners are used for the proposed 8'x25' lower deck. And also noting that the bulkhead is now in line and no further seaward than the adjacent properties, thereby bringing it into consistency with the LWRP. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Mr. President, can we take a five-minute recess. TRUSTEE GOLDSMITH: We'll take a five-minute recess. (After a fine minute recess, these proceedings continue as follows). TRUSTEE KRUPSKI: Number 17, Michael Kimack on behalf of RICHARD &GINA BONATI requests a Wetland Permit to remove existing wood bulkhead, small deck and wood stairs; replace with new vinyl bulkhead in same location (±105 linear feet) with two (2) 8' returns (121± linear feet total); replace 4'x8' (32 sq. ft.) wood deck at easterly side of new bulkhead; install removable 3'x7' (21 sq. ft.) wood or aluminum staircase to beach; new bulkhead Board of Trustees 44 June 16, 2021 height to match adjoining bulkheads; restore disturbed non-turf buffer with onsite material or delivered course sand to establish new grade line. Located: 1315 Watersedge Way, Southold. SCTM# 1000-88-5-68 The Trustees most recently visited the property on June 8th, noted the buffer of 30 foot to remain. The application itself is straightforward. The LWRP found this to be consistent. And the Conservation Advisory Council resolved to support the application. Is there anyone here that wishes to speak regarding this application? MS. CANTRELL: We have Mike Kimack present. Mike, if you want to un-mute yourself and speak to the Board. MR. KIMACK: Good evening, everyone, Michael Kimack on behalf of the applicant. Do you have any additional questions for me on this application? TRUSTEE KRUPSKI: I think, in looking over the plans, and some of the Board members if you want to chime in, we are calling for a 30-foot buffer here, and on the site plan that I have, I have 15-foot backing up to some beach grass. So I think we might need a little bit more clarification on the line there. MR. KIMACK: The line, Nick, basically, is the disturbance to put in the bulkhead. Generally you'll be digging back in order to put in your deadmen, basically. That's the re-disturbance. And then it will all be put back with sand, primarily. So there won't be grass in there or anything like that. As you saw it, although you were not on the site but as the other Board members saw the site it was pretty much all sand except for that erosion behind the bulkhead itself. And picked the 15-foot because I know when the contractor will go in there, that's what they'll dig back on in order to put in the deadmen whaler and deadmen themselves. And they'll just put that material back in even with the top of the bulkhead, and it will be all sand, replaced in kind. That's why that 15-foot is there. It has nothing to do with shortening the 30-foot. That was the disturbance basically as a result of putting the bulkhead. TRUSTEE KRUPSKI: Right. TRUSTEE WILLIAMS: Would you consider keeping the landscape as it currently is because there is -- MR. KIMACK: I'm sorry? TRUSTEE WILLIAMS: Would you consider keeping the landscape as it currently is? There is a pretty healthy non-turf buffer, and that was very exciting. MR. KIMACK: Yes, I think basically he probably has not touched it. There has been some growth of American beach grass in there, primarily. The area behind the bulkhead has eroded, obviously, and it probably at one time might have had more growth. I think he intended simply to put it back with the sand and then let the natural course take its place. There most likely will be additional growth there under natural conditions anyway. But Board of Trustees 45 June 16, 2021 he's not planning on doing any specific planting in there, per se. TRUSTEE KRUPSKI: What about specifying -- you know, we have a survey with two healthy patches of beach grass here. What about specifying beach grass buffer to remain as noted on the survey. Is that-- does that work for the Trustees? (Affirmative response). TRUSTEE WILLIAMS: We would hate to visit that site in six months with new bulkhead with lawn going down to a 15-foot patch of sand TRUSTEE KRUPSKI: Yes. So that works for you, Mr. Kimack? Based off the survey I have here, the beach grass would remain. MR. KIMACK: That would be fine. That would be fine. TRUSTEE KRUPSKI: Okay, is there anyone else that wishes to speak regarding this application? (Negative response). Or any additional comments from the Board? (Negative response). Hearing none, I make a motion to close the hearing on this application. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve the application with the stipulation that the beach grass which is noted on the survey stamped received in the office April 2nd, 2021, is to remain in perpetuity. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number 18, Michael Kimack on behalf of STEVEN EISMAN &VALERIE FEIGEN requests a Wetland Permit for non-wetland vegetation along driveway and seawall to be flush-cut to ground level and maintained (approximately 12,000 sq. ft.); area for additional plantings with species (approximately 2,600 sq. ft.); widen existing driveway to 12' within property as shown with gravel (approximately 1,200 sq. ft.). Located: 18603 Main Road, East Marion. SCTM# 1000-17-5-3.2 This application has been reviewed by the Conservation Advisory Council who supported the application using best management practices, and all landscaping with invasive plants to kept away from shore. The LWRP coordinator deemed this project to be inconsistent. The non-wetland species that were to be flush-cut were not identified in the 12,000-square foot area. The specific comment was that the vegetation to be cleared along the driveway functions as a buffer to the wetland system. Wetlands and the benefits are also dependent upon the condition of the adjacent lands which provide buffers between wetlands and surrounding areas. The proposal among the vegetation suggests the wetland does not meet this policy. The Board inspected the proposal on June 8th, noting our Board of Trustees 46 June 16, 2021 concerns about protecting and having a suitable buffer for the wetland of which extends along nearly the entire length of the driveway to the south and east of the driveway, and discussed in the field with Mr. Kimack submission of new plans that would limit any driveway improvement to the existing shoulder of two feet of the existing drive. We did receive a new set of plans stamped in the Trustee office on June 9th which depicted vegetation south of the road attachment in fact with expansion of two feet of the existing drive which is largely gravel with some grasses but no vegetation -- no shrubbery or vegetation. Is there anyone who wishes to speak to this application? (No response). There is also a letter in the file from Beverly Green which has been incorporated into the file with concerns about the nesting birds and the benefits of maintaining the buffer along the wetland. I wanted to get that in the record. Anyone here wishing to speak to this application? MS. CANTRELL: Michael Kimack is present. MR. KIMACK: Michael Kimack, on behalf of the applicant. You are correct, when we were in the site basically you had a concern that we do not basically disturb any more than we have to south of the road, essentially, towards the wetland area there. originally had seven foot. You had limited it to two. The revised set of plans shows that and that if the road is going to be extended to a width of 12 feet, it would be extended to the north and not to the south, away from that, primarily. TRUSTEE BREDEMEYER: Thank you. Is there anyone else who wishes to speak to this application? (Negative response). Seeing none, any additional Board concerns? (Negative response). Accordingly I make a motion to close the hearing in this matter. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I make a motion to approve this application in accord with the new set of revised plans stamped in the Trustee office on June 9th, whereby providing the protection to the wetlands to the south, which will address the inconsistencies to protect the beneficial values of filtration and protection of the wetland. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: Number 19, Michael Kimack on behalf of TIMOTHY J. & GINAMARIE STUMP requests a Wetland Permit to construct approximately 315 linear feet of hybrid low sill bulkhead; backfill with approximately 100 cubic yards of course clean sand just below lowered sheathings; maintain approximately 2 %to 1 Board of Trustees 47 June 16, 2021 slope from top of sloughed bank and then flat to bulkhead; install approximately 3,200 sq. ft. of filter fabric over disturbed area and fasten with 8" galvanized pins; plant Spartina Alterniflora to high water mark and then Spartina patens to undisturbed line @ one (1) foot on-center(±3,200 plants). Located: 2200 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-61. The Trustees conducted a field inspection of this site on June 8th. Present were Trustees Bredemeyer, Domino, Goldsmith and Williams. The notes read that this proposal is straightforward, and that they might need permission from the Laughing Waters Property Owners Association because of ownership of the bottom. The LWRP coordinator found this to be inconsistent. The inconsistency arises from his opinion that this does not protect and restore tidal wetlands, and that the stability of the shoreline is established. I'll return to that point in a moment. The Conservation Advisory Council unanimously resolved to support this application. The returning to that point, I refer you to, in the SEQRA report where the Trustees, the proposed low sill bulkhead should allow for natural revegetation. The site inspection by the Southold Town Board of Trustees recognized erosion on the property and the need for bank stabilization/erosion control plan. Is there anyone here to speak to this application? MS. CANTRELL: Michael Kimack is present. Mike, if you want to un-mute yourself and speak to the Board. MR. KIMACK: Yes. Mike Kimack, on behalf of the applicant. I'm going to give a little longer description of this than I normally do. Corey Creek in this area, and probably others, have, this particular one, have experienced natural erosion and once the natural erosion begins and begins to slough away on the banks, which are maybe two or three feet high in most cases in this particular areas, there is really no going back. And you basically establish a 70 or 80 degree slope, and every time the high water, the wave action comes in and continually takes more and more away. We experienced that at Cole condominiums, we are experiencing that all the way up Corey Creek and certainly Mr. and Mrs. Stump's property. The only real way to protect the property from further erosion is to establish not only a planting plan but also a bulkheading plan that will be able to withstand and temper the movement of the high water mark and the energy waves coming in the nice thing about this property, this particular project, is that it is in line with DEC that requires that if we are doing something of this nature that we reinstate new, at least two to three times more Spartina grass than may be disturbed in the first place. And that is being met with this particular application. That is their requirement. Obviously DEC does not allow any kind of stones, anything you put in there, so you really have to deal with an erosion factor on a natural Board of Trustees 48 June 16, 2021 basis. One of the advantages here is that when this particular design goes in, we are able to take that 70-degree sloped angle sloughed off and turn it into about two-and-a-half to three degree slope, which is gentle enough when it's replanted, with filter fabric down and replanted, and with the hybrid low sill in front of it, taking the energy out of the wave action. As we all know the waves are continually getting higher and higher. There is no stopping it. As a caveat to that statement, when the county basically excavated and opened up Corey Creek's mouth, they took away one of the real protections not only for the Laughing Waters beach but also to allow a lot more energy to come in. And it has been noted. It has been noted by a lot of people that there has been more high wave and backwash and high wave action. I do know basically there was another option, which is basically a low sill but it's a bulkhead. And the difference between the low sill and the bulkhead that we presented in this one, which is called a hybrid, is it allows it to be higher up and take the high water wave action. And if you look back over two or three years you'll find that even though the average height between low and high might be 2.2 to 2.5, in many occasions it comes in about 3 to 3.5. It's simply we are getting higher wave action primarily than we had before and a basic low sill is not necessarily going to be able to stop that wave action from coming in, where the hybrid low sill being set at the high water mark, will take the energy away, allow it to come in gently, replenish on a tidal wave action, the Spartina plants and make a very healthy growth for that. That is the basis for the use or for the proposal to put in the hybrid. I will note that the hybrid low sill was approved by DEC and yourselves for the Cole condominium project and that is a little bit up the road, basically, obviously. But the same types of conditions that caused that erosion to slough off is causing the erosion to slough off in Mr. Stump's place. Thank you, for the time. TRUSTEE DOMINO: Speaking for myself, I thought the project would benefit the bay because it appeared to me that it was not a healthy wetlands in the area due to the erosion, and that this would add wetlands. However, there is some concern about the hybrid reflecting energy back. Would you, is it a possibility of, I notice you are lowering every sixth sheet one foot from the, would it be possible to reduce the spacing between them, in other words do it perhaps every 4th sheet, rather? MR. KIMACK: Um, it would -- am I on? Can you hear me? TRUSTEE DOMINO: Yes. MR. KIMACK: If you have a chance, basically I did every sixth sheet because what happened basically is every sixth sheet was set at each one of the six-foot on center pilings, where the tie rods went through. We dropped it a foot there. We found that more than adequate amount of water comes in, in a sense, and Board of Trustees 49 June 16, 2021 re-floods the area behind the bulkhead, the flat area of Spartina, with every sixth one dropped down in terms of the volume that it allows to come in, and it comes in real easy because not only the opening is there but the opening is kind of like takes the energy out because the piling is right in front of it. And that was by design, primarily. And that's the way Cole Condominium was set up, primarily. Exactly the same way that this one is. TRUSTEE DOMINO: I can appreciate that line of thought but I think the concern was about the amount of reflected energy. Not the amount of water that would go through. MR. KIMACK: Well, if we drop more down then more energy is going to come through we don't need more water to come through, at a greater rate or a greater pace. We simply need the tidal action to come in on a gentle basis. There will be times, there will be times where the tide action is even going to be higher than the top of the hybrid low sill, but the beauty about that is that by the time it gets to that height, the water would have already flooded in and basically flooded the area behind the bulkhead so that any water rising on top of it would not cause anymore damage to the slopes than there already are. It's been carefully laid out. TRUSTEE DOMINO: Thank you, for that. MR. KIMACK: Thank you. TRUSTEE DOMINO: Any other questions or comments from the Board? TRUSTEE KRUPSKI: Yes. Have these been installed yet at the condominiums? MR. KIMACK: Yes, they have. And they have been approved by DEC. TRUSTEE KRUPSKI: All right. I mean,just speaking as one Trustee, one Trustee's opinion, I can appreciate the use of the hybrid in a more marine commercial setting, you know, the condominiums with I don't know how many docks they have there, or if you are in another marina or fishery area, I think it would be a more appropriate use. But to me this is just a way to circumnavigate having a low sill, and the purpose of low sill, you know, what is eventually going to happen is the property is going to collapse further or during more storm events, especially in a location like this, you'll build up sand and it essentially will start functioning similar to a regular bulkhead. And that's just my opinion. MR. KIMACK: I do appreciate that. I always respect the opinion there. I do disagree, respectfully disagree from this point. With the note that the fact that we are continually getting higher tide action, that is the very reason the hybrid low sill is being recommended, more than just the low sill itself. Because the hybrid will in fact do what we hope, and it should, basically, is simply allow the water to come in gentle. And if it was down an extra foot or two and the water would simply come in on the high water mark. It would be more difficult to basically protect the banks from that kind of energy that is coming in. Board of Trustees 50 June 16, 2021 We, the difference between commercial and residential, quite frankly, mother nature doesn't discriminate exactly which property she chooses to put her energy against, and basically cause erosion, whether it's commercial or residential should really not be a factor as to whether or not you choose to put a hybrid low sill in. And quite frankly Cove is a residential. TRUSTEE GOLDSMITH: Did you get the letter of permission from Laughing Waters Property Owners Association? MR. KIMACK: I talked to them. I do represent Laughing Waters, obviously you've had a permit before them, which you did approve. I reached out to their president and should be getting a letter soon. First he asked me do we really own the property. And when I looked at the tax map I said, yes, you do. It goes actually right across the front as you had well pointed out. And I apologize for missing that. It does cross Mr. Stump's property and then goes right across to the slip of, spit of sand beach on the other side. That's all theirs. And they'll said they were get the letter to me rather quickly. TRUSTEE GOLDSMITH: I don't think we can move forward until we have that letter. TRUSTEE KRUPSKI: Couldn't we do it subject to on that? MR. HAGAN: We are talking about one meeting. They already had communications. It would be in the Board's best interest to just-- TRUSTEE KRUPSKI: Fair enough. TRUSTEE DOMINO: So, just to be clear, we can? MR. HAGAN: No, I think you should table. He's working on getting you the additional documentation. It's not like there is a conflict on this. We are not being asked to make a determination one way or the other. It's for the completeness of the file. TRUSTEE DOMINO: Okay, Mr. Kimack, you heard the comments from counsel. So. MR. KIMACK: Yes, they are well thought out. I have no objection on that basis. We are still waiting for the DEC response anyway. So I should have the letter hopefully in about a week or so, and I'll get it right in to you. And if you so wish we'll table until next hearing, on the expectation we'll be getting the letter. TRUSTEE DOMINO: Any other questions or comments from the Board? (Negative response). Any questions or comments from the public? (Negative response). Hearing none, I make a motion to table this application at the applicant's request. TRUSTEE WILLIAMS: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE WILLIAMS: Number 20, Michael Kimack on behalf of JANICE HILLMAN SITYLES a/k/a JANICE HILLMAN REVOCABLE TRUST requests a Wetland Permit to construct a 4'x18' walkway with a staircase Board of Trustees 51 June 16, 2021 consisting of three (3) treads and four(4) risers with Thru-Flow decking (72 sq. ft.), connected to a 4'x24' fixed dock with Thru-Flow decking (96 sq. ft.), 168 sq. ft. total; and to install 14 - 8" diameter pilings. Located: 8340 Main Bayview Road, Southold. SCTM# 1000-87-5-23.2 The LWRP found this action to be consistent, noting that the landowner, Suffolk County, would need to agree to placement of the dock. The Conservation Advisory Council resolved to support the application. The Trustees visited the site June 8th, noting that the project was straightforward. Is there anyone here that wishes to speak to this application? MS. CANTRELL: Yes. We have Mike Kimack present. MR. KIMACK: Michael Kimack, on behalf of the applicant. I think based upon what we just did at the last hearing I would expect that, I would like to go through the discussions and then ultimately you would probably want to wait until I got the approval from the Suffolk County for the water, as did with Laughing Waters. TRUSTEE WILLIAMS: That sounds correct. We did find the project to be very straightforward. There are no questions from me. Any of the other Board members have a question? (Negative response). No questions here. Anything you would like to add, Mike? MR. KIMACK: No, I think we met at the site and probably what would be appropriate based upon Damon's comments, is we would table based upon receipt of a permit from the Suffolk County Parks and Recreation. TRUSTEE WILLIAMS: Is that acceptable? MR. HAGAN: Yes. TRUSTEE WILLIAMS: Is there anybody else here that wishes to speak to this application? (Negative response). Hearing none, I make a motion to table this application at the applicant's request. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 21, En-Consultants on behalf of DAVID & PATRICIA O'DAY requests a Wetland Permit for the as-built construction of a 20.8' x 40.2' deck with steps; 725 sf grade-level masonry pool patio; and 430 sf grade-level pervious gravel fire-pit patio with associated +/- 30 If stone landscape wall. Located: 2700 Arrowhead Lane, Peconic. SCTM# 1000-98-2-20.1 The LWRP found this to be inconsistent. The inconsistency is the structures were constructed without a Board of Trustee review and necessary permits. In the event the action is approved it is recommended that a 20-foot wide non-turf buffer Board of Trustees 52 June 16, 2021 shown on the survey be memorialized within the permit as a vegetated undisturbed buffer. The Conservation Advisory Council supports the application and recommends the buffer is enhanced/extended along the edge of wetlands. The Conservation Advisory Council questions the location of the sanitary system and drywells for the pool backwash. The Trustees conducted a field inspection on June 8th, noting that the application was straightforward for as-built structures. Is there anyone here who wishes to speak regarding this application? MS. CANTRELL: Rob Herrmann from En-Consultants. MR. HERRMANN: Good evening, Board members, Rob Herrmann of En-Consultants on behalf of the applicant. This is a reasonably straightforward application. As indicated in our application there was a wetland permit issued for the swimming pool in 2006, and a certificate of compliance was issued for that project in 2007. Since that permit was issued and prior to the purchase of the property by the current owners which we figured out through aerial photography between 2012 and 2015, the grade-level masonry patio, fire pit and retaining wall were constructed, so we are looking to simply legalize those structures. And unrelated to that, after or up purchase of the property owners figured out that there is no CO for the deck that is on the waterside of the property. Survey records show however that deck was present at the time the Trustees issued the pool permit in 2006, and at the time the certificate of compliance was issued in 2007. So this is not a matter of the deck having been constructed without a Trustee permit just that having no record of the Trustees or Building permit, and so in order to get a CO for the deck now, we have to get a Trustees permit to recognize that deck. It just, there was no work proposed for the deck in '06 so it was not discussed in the '06 permit. It would have been convenient if that application had asked for approval for the existing deck but it did not. So that's why we are here. And there was also a previously required non-turf buffer which as you saw during field inspections is in place. TRUSTEE GOLDSMITH: So that existing buffer is memorialized on another permit. MR. HERRMANN: I don't know if a covenant was ever filed for it but it was previously required so, if not, then we would anticipate having to have that covenant filed correctly for that existing buffer, yes. TRUSTEE GOLDSMITH: Okay, any other questions or comments? MR. HERRMANN: It's 20-foot wide, Glenn. TRUSTEE GOLDSMITH: Yes. We have it on the plans stamped received April 30th, 2021. It does show a 20-foot wide non-turf buffer. Any questions or comments from the Board? (Negative response). Board of Trustees 53 June 16, 2021 Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion to approve this application as submitted with the stamped plans received April 30th, 2021, that do show the 20-foot wide non-turf buffer. And by granting a permit will bring it into consistency with the LWRP. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 22, En-Consultants on behalf of PECONIC RIVER, LLC requests a Wetland Permit to demolish existing two-story, 2,300 square foot, FEMA-noncompliant, single-family dwelling with 460 square foot attached deck and 761 square foot detached garage; and construct at least +17 feet farther landward a new one to two-story, 3,200 sf, FEMA-compliant, single-family dwelling with 106 square foot entry porch, 945 square foot attached deck, 850 square foot attached garage, 850 sf swimming pool (equipped with saltwater filtration system), 580 square foot structurally detached deck, and'7' x 46' uncovered basement egress; install pool enclosure fencing with gates; remove existing nonconforming septic system located +/-42' from bulkhead, and install new I/A OWTS sanitary system outside Chapter 275 jurisdiction; install a drainage system of drywells to collect and recharge roof runoff and pool backwash; install new pervious gravel driveway and parking areas; remove specified trees located no closer than +/-69 feet from bulkhead; and establish and perpetually maintain a 27' to 39' wide, approximately 5,959 square foot buffer area adjacent to bulkhead, including existing 4,259 square foot naturally vegetated embankment and additional 10' wide, ±1,700 sf non-turf buffer to be established in place of existing lawn along top of bank. Located: 450 Basin Road, Southold. SCTM# 1000-81-1-18.1 The Trustees visited the property on the 8th of June and it was a straightforward application. The LWRP coordinator found this to be both consistent and inconsistent. The recommendation that the majority of the project is consistent, however the 580-square foot structurally detached deck is recommended as inconsistent. Structures in the VE FEMA flood zone should be relocated outside the flood zone or minimized. The Conservation Advisory Council supports the application however there is a concern with lot coverage too close to the bluff and should be moved further landward, and there should be at least a ten to 15-foot non-turf buffer planted with native vegetation, which I believe there is the buffer on the plan. Is there anyone here that wishes to speak regarding this application? MR. HERRMANN: Rob Herrmann of En-Consultants, on behalf of the applicants. So just to that one Conservation Advisory Council Board of Trustees 54 June 16, 2021 comment there, the proposed buffer does incorporate the entire existing vegetated embankment adjacent to the bulkhead to remain, but then does also include the ten-foot wide non-turf buffer adjacent to the top of the bank and the retaining wall. Otherwise the project is reasonably straightforward, it's an extensive design. We put a lot of effort into it with the homeowners and the design professionals. Where that wood deck is actually landward of where the existing dwelling exists today. There will be an overall landward retreat from the bulkhead and Southold Bay. FEMA non-compliant dwelling will be replaced with a FEMA compliant dwelling. The house will be brought back in line with what you call the house line or pier line. It will be joining dwelling structures. The proposed swimming pool will have saltwater filtration, pool drywell, pool fence is shown on the most recently submitted site plan and it well exceeds the required minimum setback for pools and also will be served, the new dwelling will be served by hydro-action IA/OWTS well outside Trustees jurisdiction, and along with the nearly 6,000-square foot buffer area that includes again the area of the slope and the additional ten feet along the top of the bank. If you have any other questions, I'm happy to address them. TRUSTEE KRUPSKI: Thank you. Is there anyone else that wishes to speak regarding this application? (Negative response). MS. CANTRELL: We have Marie and Vic Zupa wish to speak. Rob, I'll mute you. Mary and Vic Zupa, can you hear us? MS. ZUPA: Well, Vic and I are here. If you have any questions, you said we can have comments. TRUSTEE WILLIAMS: Thank you. TRUSTEE KRUPSKI: I can summarize their letter into the file. That would probably be the most appropriate thing to do if we are not going to get a summary from them at this time. I guess in summary, the file submission Paradise Point does not show the lot lines on the applicant's drawing. This is more about right-of-way issues. You know. MR. HAGAN: (Perusing). Enter the letter into the record rather than read the whole thing. The letter speaks for itself, so. TRUSTEE KRUPSKI: Okay, thank you. Are there any additional comments from the Board on this application, other than it is straightforward? (Negative response). TRUSTEE KRUPSKI: All right, Mr. Herrmann, would your client be willing to use stainless steel hardware to address the LWRP coordinator's concerns over the deck? MR. HERRMANN: This is regarding the structure detached to the deck? TRUSTEE KRUPSKI: That's correct. MR. HERRMANN: I believe the project architect is on. Luke Ferran. I would ask him to raise his hand to speak so he could respond to that. Because that's really a construction question. Board of Trustees 55 June 16, 2021 So I would defer. MS. CANTRELL: Rob, I'll mute you. Luke Ferran, do you want to un-mute yourself and speak to the Board with regard to their question. MR. FERRAN: Hi, thank you. Luke Ferran, architect for the applicant. Yes, we would be okay with the stainless steel fasteners. TRUSTEE GOLDSMITH: Thank you. MR. HERRMANN: Thanks, Luke. TRUSTEE KRUPSKI: Okay, after reviewing the plans, is there any additional commentary from the members of the Board? (Negative response). Or any additional commentary from the public? (No response). Hearing no further comments, I'll make a motion close the hearing in this application. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I'll make a motion to approve the application with the stipulation that stainless steel hardware is used on the detached portion of the deck thereby bringing this application into consistency with the LWRP coordinator. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number 23, En-Consultants on behalf of 1420 TRUMANS PATH, LLC requests a Wetland Permit to demolish existing one-story, 768 sf, single-family dwelling, and construct farther from wetlands a new two-story, 648 square foot, single-family dwelling with 12 square foot front porch and steps, 302 square foot attached deck, and basement entry; remove existing nonconforming septic system, and install new I/A OWTS sanitary system outside Chapter 275 jurisdiction; install a drainage system of drywells to collect and recharge roof runoff; and establish and perpetually maintain a 50' wide non-disturbance buffer adjacent to the freshwater wetland boundary. Located: 1420 Trumans Path, East Marion. SCTM# 1000-31-12-12 This project was deemed to be consistent under the LWRP. The CAC supports this application with best management practices. The Board of the Trustees concluded their field inspection on June 8th, noting that there were two large oak trees immediately adjacent but not in the proposed non-disturbance buffer, which we requested that the applicant check with the owner that they might be saved. And in accord with that, we received a new set of plans stamped in the Trustee office June 16th, which depicts saving the two trees in question. Is there anyone here that wishes to speak on behalf of this Board of Trustees 56 June 16, 2021 application? MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of the applicant. This is a site which the Board had previously issued a redevelopment permit for in 2010, pursuant to Wetlands permits#7382. The current design actually proposes a much smaller house footprint with a greater wetlands setback, and use of an IA sanitary system rather than a conventional septic system, and maintains a 50-foot non-disturbance buffer adjacent to freshwater wetland boundary. And as Jay just indicated, in response to the Trustees request we did submit revised site plans indicating that those two significant oak trees that are located outside of but very close to the landward limit of the non-disturbance buffer be maintained for so long as they remain healthy trees. So that is all I have. If you have any additional questions, I would be happy to answer them. TRUSTEE BREDEMEYER: Any additional questions from the Board? (Negative response). Anyone else wish to speak to this application? (No response). seeing 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 in accord with revised plans dated received in the Trustee office June 16th, 2021. TRUSTEE DOMINO: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: The next application, number 24, En-Consultants on behalf of STRONG'S MARINE, INC. requests a Wetland Permit to remove and replace in-place approximately 168 linear feet of existing timber bulkhead with vinyl bulkhead; incidentally dredge 10' x 100' area adjacent to new bulkhead to a maximum depth of 4 MLW, and use approximately 40 cy of sand/silt spoil as backfill; restore existing bluestone parking area adjacent to bulkhead with clean fill and gravel, and for existing travel lift/rails. Located: 2402 Camp Mineola Road, Mattituck. SCTM# 1000-122-9-5 & 6.2 The Trustees completed a field inspection of this site on June 8th. The notes simply read it's a straightforward application. The LWRP coordinator found this to be consistent. And the Conservation Advisory Council resolved to support this application. Is there anyone here to speak to this application? MR. HERRMANN: Yes. Rob Herrmann of En-Consultants, on behalf of Strong's Marine. This is a straightforward, in-place bulkhead Board of Trustees 57 June 16, 2021 replacement application. The additional request for permitting of the existing travel lift and rails is requested as it's anticipated there may need to be some in-place replacement of some of those support pilings and the rails at some point in the future. That's it. TRUSTEE DOMINO: Any other questions or comments from the Board? (Negative response). TRUSTEE DOMINO: Any additional comment from the public? (No response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE DOMINO: I'll make a motion to approve this application as submitted. TRUSTEE BREDEMEYER: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I recuse myself from the next application. TRUSTEE WILLIAMS: Number 25, En-Consultants on behalf of GOLDSMITH'S BOAT SHOP, INC. requests a Wetland Permit to restore, enhance, and stabilize +57' (&var.) X +394' portion of naturalized breakwater at mouth of commercial marina basin, incorporating living shoreline methodology, as follows: 1) raise elevation of breakwater by up to 4 feet (2 feet above MHW), using approx. 1,800 cy of clean sandy fill from an approved upland source, to be planted (above SHW)with approx. 11,000 sf of salt-tolerant native vegetation; 2) stabilize south/windward face of raised breakwater with +450 If of 1 -4 ton stone armor (1,095 cy) on filter cloth; 3) stabilize north/leeward face of raised breakwater with +394 If of 150 to 500 Ib. Stone rip-rap (approx. 150 cy); 4) stabilize north, west, and east sides of raised breakwater with +497 If of low-sill vinyl bulkhead (elevated +12" below MHW); and 5) establish approx. 5,200 sf of vegetated tidal marsh on north side of raised breakwater by dredging +12' wide, approx. 4,800 sf area north of low-sill bulkhead to max. Depth of-2'MLW, using approx. 240 cy sand/silt spoil to backfill approx. 13' wide, 5,200 sf area south of low-sill bulkhead (partially over rip-rap), and planting backfill area with approx. 5,200 sf of vegetated tidal marsh, including Spartina Alterniflora (12" O.C.), between low-sill bulkhead and MHW (+11'), and Spartina patens (12" O.C.), between MHW and SHW(+2'). Located: 54150 Main Road, Southold. SCTM# 1000-56-7-1 The Trustees visited this site on June 8th. Trustees Bredemeyer, Domino, Goldsmith and Williams present, noting that the project was straightforward. The LWRP program coordinator found this action to be consistent. Board of Trustees 58 June 16, 2021 And the Conservation Advisory Council supports the application. Is there anybody here that wishes to speak to this application? MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of the applicant. As the Board knows, this is a site we looked at a couple of times in connection with the development of this project originally with the New York State DEC, and more recently during field inspections. This is a project that I think will have the potential to act as a landmark-type project as a living shorelines restoration project which, as we discussed with the Board, will seek to restore and stabilize that spit out at the entrance to the protective harbor. Using both hard stabilization methodology on the landward and leeward sides of the spit, and also including low sill bulkhead construction and use of over 16,000-square feet of native salt-tolerant vegetation, including over 5,000-square feet of intertidal and high marsh. So we hope the Board has found that is design is consistent with our discussions on the project and that we'll get your approval for the project. TRUSTEE WILLIAMS: Thank you. Is there anyone else here that wishes to speak to this application? (Negative response). Any questions or comments from the Board? (Negative response). I make a motion to close this public hearing. TRUSTEE KRUPSKI: Second. All in favor? (ALL AYES). TRUSTEE WILLIAMS: I make a motion to approve the application as submitted. TRUSTEE KRUPSKI: All in favor? (Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Krupski, aye. Trustee Williams, aye). (Trustee Goldsmith, recused). MR. HERRMANN: Thank you. TRUSTEE GOLDSMITH: I make a motion for adjournment. All in favor? (ALL AYES). MS. CANTRELL: The meeting has now come to a close. We are ending tonight's session. Have a good night. ctfully submitted by, espe m Glenn Goldsmith, President Board of Trustees