HomeMy WebLinkAboutTR-07/13/2022 Glenn Goldsmith,President ``�QF S0 Town Hall Annex
A. Nicholas Krupski,Vice President �oV� ®lO 54375 Route 25
P.O. Box 1179
Eric Sepenoski i Southold, New York 11971
Liz Gillooly G @ Telephone(631) 765-1892
Elizabeth Peeples Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD RECEIVED
Minutes
Wednesday, July 13, 2022 AUG 1 8 2022
5:30 PM SOufhold Town Clerk
Present Were: Glenn Goldsmith, President
A. Nicholas Krupski, Trustee
Eric Sepenoski, Trustee
Liz Gillooly, Trustee
Elizabeth Peeples, Trustee
Elizabeth Cantrell, Senior Office Assistant
Lori Hulse, Board Counsel
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
TRUSTEE GOLDSMITH: All right, good evening and welcome to our
Wednesday July 13th, 2022 meeting. At this time I would like to
call the meeting to order and ask that you please stand for the
Pledge of Allegiance.
(Pledge of Allegiance is recited) .
I'll start off by announcing the people on the dais. To my left
we have Trustee Krupski, Trustee Sepenoski, Trustee Gillooly and
Trustee Peeples. To my right we have Attorney to the Trustees
Lori Hulse. We have Senior Clerk Typist Elizabeth Cantrell,
Court Stenographer Wayne Galante, and from the Conservation
Advisory Council we have Caroline Burghardt.
Agendas for tonight' s meeting are posted on the Town's
website as well as hardcopies out in the hallway.
We do have a number of postponements tonight. In the
agenda on page four, under Amendments, number 1, Costello Marine
Contracting Corp. on behalf of FOUNDERS LANDING BOAT YARD, LLC
requests an Amendment to Wetland Permit #8666 for the as-built
68 ' long solid splashboard system under the offshore fixed
finger pier.
Located: 2700 Hobart Road & 1000 Terry Lane, Southold.
SCTM# 1000-64-3-10 & 1000-64-3-11, is postponed.
Under Wetland and Coastal Erosion Permits, number 1, JMO
Environmental Consulting on behalf of J. GEDDES PARSONS requests
a Wetland Permit and a Coastal Erosion Permit to remove the
existing 5 'x81' fixed dock and piles (16) , 31x20' ramp and
Board of Trustees 2 July 13, 2022
9'x18 ' floating dock; construct a proposed 51x81' fixed dock
secured by sixteen (16) piles; install a 4 'x16' adjustable ramp;
and install an 8'x18.5' floating dock situated in an "I"
configuration and secured by four (4) piles; and to replace the
five (5) existing tie-off piles as needed.
Located: 515 Sterling Street, Fishers Island.
SCTM# 1000-10-9-3.1, is also postponed.
On page five, number 2, JMO Environmental Consulting on
behalf of W. HARBOR BUNGALOW, LLC, c/o CRAIG SCHULTZ requests a
Wetland Permit and a Coastal Erosion Permit for the existing
6.5'x53' fixed dock with a 11'x11' fixed portion in an "L"
configuration; existing 3.51x12 ' ramp and existing 8 'x20'
floating dock; the 6.5'x53' fixed dock and 11'x11' fixed portion
in the "L" configuration to remain; remove existing ramp, float
and two piles and install a new 41x20' ramp with rails and an
8'x18' floating dock situated in an "I" configuration secured by
four piles; and to install four tie-off piles.
Located: 371 Hedge Street, Fishers Island. SCTM# 1000-10-7-18,
is postponed.
On pages eight through ten, numbers 12 through 23 are
postponed. They read as follows:
Number 12, Raymond Nemschick, AIA on behalf of ROGER SIEJKA
requests a Wetland Permit to construct a two-story,
single-family dwelling with a basement; first floor is 24'5"
wide by 50' 0" deep; front porch is 11' 0" wide, 6'2" deep; rear
veranda (deck) is 24 '5" wide by 10' deep; and overall max height
is 32' 3".
Located: 955 Blossom Bend, Mattituck. SCTM# 1000-115-6-22 .
Number 13, Charles Thomas R.A. , PLLC on behalf of
MARY HOELTZEL requests a Wetland Permit to demolish existing
28 'x59. 6' dwelling to first floor deck and demolish existing
20'x20.2 ' detached garage; construct a proposed 32'x104 .2 '
(2,278sq.ft. ) two-story dwelling with seaward side covered porch
and attached garage consisting of the proposed dwelling to be
32 'x63.4 ' , proposed attached garage to be 221x31' ; the proposed
dwelling will be using the same foundation and first floor deck
of existing dwelling with additions to the east and north;
construct a proposed 10. 6'x29' covered porch with a 10. 6'x29'
second story balcony above; a proposed 14. 6'x26. 4 ' patio on east
side and partially covered by a second story bump-out; construct
a 5'x8 . 6' covered front porch; and for the existing 7 . 10'x12.4 '
shed landward of dwelling to remain.
Located: 6190 Great Peconic Bay Boulevard, Laurel.
SCTM# 1000-128-2-5, is postponed.
Number 14, Suffolk Environmental Consulting on behalf of
TOWN CREEK REAL ESTATE, INC. , c/o MICHAEL LIEGY requests a
Wetland Permit to construct a proposed 251x50' two-story,
single-family dwelling with attached 20'x20' garage; install a
pervious driveway; install a new I/A OWTS system; and to install
gutters to leaders to drywells to contain roof runoff.
Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 is
postponed
Number 15, En-Consultants on behalf of DANIEL McGOVERN &
CATHERINE LUCARELLI requests a Wetland Permit to remove existing
Board of Trustees 3 July 13, 2022
31x4 .5' steps, and construct a fixed timber dock with water and
electricity consisting of a 4'x60' fixed timber catwalk (53'
seaward of bulkhead) , constructed with untreated decking
(including open-grate decking at least 15' seaward of bulkhead) ,
with two (2) 41x6' steps for beach access; a 3'x14 ' hinged ramp;
and a 6'x20' floating dock situated in an "L" shaped
configuration and secured by two (2) 8" diameter pilings.
Located: 830 Oak Avenue, Southold. SCTM# 1000-77-1-4
Number 16, SLATTERY NASSAU POINT TRUST requests a Wetland
Permit to replace the existing 41x16' set of stairs; 121x18 '
deck; and 4 'x32' walk; deck and walk are 30" AGL.
Located: 460 West Cove Road, Cutchogue. SCTM# 1000-111-2-6
Number 17, East End Pool King on behalf of KIERAN COLLINGS
requests a Wetland Permit to install a proposed 16'x32' vinyl
swimming pool with approximately 1,300sq.ft. at grade patio;
install pool enclosure fencing; install a drywell for pool waste
water; and install a pool equipment area.
Located: 3960 Ole Jule Lane, Mattituck. SCTM# 1000-122-4-26. 1
Number 18, En-Consultants on behalf of ELIAS DAGHER
requests a Wetland Permit to remove existing wood platform, walk
and steps; construct a fixed timber dock with water and
electricity consisting of a 4 'x74 ' fixed timber catwalk
constructed with open-grate decking; with two (2) 41x6' steps
for beach access; a 3'x14 ' hinged ramp; and a 6'x20' floating
dock situated in a "T" configuration and secured by two (2) 8"
diameter pilings.
Located: 90 Oak Avenue, Southold. SCTM# 1000-77-2-6
Number 19, BRIDGET CLARK requests a Wetland Permit for the
existing 20'3"x22' 4" (452sq.ft. ) detached garage and to convert
it into an accessory apartment by replacing existing windows,
exterior door, add plumbing to connect to existing septic, and
install a wall mounted electric heating unit.
Located: 7825 Soundview Avenue, Southold. SCTM# 1000-59-6-15
Number 20, Michael Kimack on behalf of NUNNAKOMA WATERS
ASSOCIATION, INC. requests a Wetland Permit to perform work on
the property located at 645 Wampum Way (1000-87-2-42.3) ,
consisting of installing 235 linear feet of Shore Guard 9900
vinyl hybrid low-sill bulkhead with helical supports installed
at discretion of contractor; restore approximately 200 linear
feet of eroded bank with 90-100 cubic yards of sand recovered
from storm deposit area; install filter fabric (±1, 600sq.ft. ) ,
and plant American Beach grass @ 18" on center (±1, 200 plants)
over restored bank area; construct storm water concrete
diversion swale (10'x43' , 430sq.ft. ) with rip-rap runoff area
(10'x20' , 200sq.ft. ) , consisting of 50-150 lb. Stones set on
filter fabric; the storm washed sand area is to be restored to
the original grade line and the removed sand (90-100 cubic
yards) is to be used on site to restore the eroded bank area; on
all three properties, dredge a portion of Moyle Cove to deepen
channel in three (3) areas, AA, BB and CC to a depth of -4 . 00ft.
(Approx. 365 cubic yards) , and area DD to a depth of -3. 00ft.
(Approx. 85 cubic yards) , for a total dredging of approximately
450 cubic yards; the dredge spoils is proposed to be spread on
the two Sauer properties (255 Wigwam Way, SCTM# 1000-87-2-40. 1 &
Board of Trustees 4 July 13, 2022
175 Wigwam Way, SCTM# 1000-87-2-40.2) , in an area of
approximately 8, 000 sq.ft. And to a depth of approximately
1.5ft. ; the dredged spoils placement area will be surrounded by
a silt fence with hay bales to be kept in place and maintained
until the spoils are de-watered.
Located: 645 Wampum Way, 255 Wigwam Way & 175 Wigwam Way,
Southold.
SCTM's 1000-87-2-42.3, 1000-87-2-40. 1 & 1000-87.-2-40.2
Number 21, Jeffrey Patanjo on behalf of SADIK HALIT LEGACY
TRUST requests a Wetland Permit for the as-built bluff stairs
consisting of the following: 41x4 ' at-grade top landing to an
8, 2'x9.5' upper platform to 181x4' steps down to an 81x3. 8 '
middle platform to 161x4' steps down to a 19.41x10' lower
platform to 14.51x4 ' steps down to beach; all decking on
structure is of untreated lumber.
Located: 2200 Sound Drive, Greenport. SCTM# 1000-33-1-16
Number 22, Cole Environmental Services on behalf of SCOTT &
LEA VITRANO requests a Wetland Permit to remove existing pier
and float; construct a proposed 4'x14 ' landward ramp leading to
a 4 'x35' fixed pier with Thru-Flow decking a minimum of 4 ' above
wetlands; a proposed 3'x12' metal ramp; and a 4'x20' floating
dock situated in a "T" configuration and secured by two (2) 8"
diameter piles.
Located: 3875 Main Bayview Road, Southold. SCTM# 1000-78-2-15 .1
And number 23, Cole Environmental Services on behalf of
JUSTIN & ALLISON SCHWARTZ requests a Wetland Permit to construct
a proposed 4 'x165' fixed pier with open grate decking a minimum
of 4 ' above tidal vegetative grade; a 31x16' aluminum ramp; a
6'x20' floating dock situated in an "T" configuration; and to
install a natural path leading from upland to fixed pier using
permeable material.
Located: 2793 Cox Neck Road, Mattituck. SCTM# 1000-113-8-7. 6
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:
At this time I'll make a motion to hold our next field
inspection on Tuesday, August 9, 2022, at 8: 00 AM.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
II. NEXT TRUSTEE MEETING:
TRUSTEE GOLDSMITH: I' ll make a motion to hold our next Trustee
meeting Wednesday, August 17th, 2022, at 5:30 PM, at the Town
Hall Main Meeting Hall.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Board of Trustees 5 July 13, 2022
III. WORK SESSIONS:
TRUSTEE GOLDSMITH: I'll make a motion to hold our next work
session Monday, August 15th, 2022, at 5:00 PM, at the Town Hall
Annex 2nd floor Executive Board Room, and on Wednesday, August
17, 2022, at 5:00 PM at the Main Town Hall Meeting Hall.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IV. MINUTES:
TRUSTEE GOLDSMITH: I'll make a motion to approve the Minutes of
the June 15th, 2022 meeting.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
V. MONTHLY REPORT:
TRUSTEE GOLDSMITH: The Trustees monthly report for June, 2022, a
check for $5, 481.78 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. STATE ENVIRONMENTAL QUALITY REVIEWS:
TRUSTEE GOLDSMITH: Under Roman numeral VII, 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 X Public Hearings section of the
Trustee agenda dated Wednesday, July 13, 2022, are classified as
Type II Actions pursuant to SEQRA Rules and Regulations, and are
not subject to further review under SEQRA.
That is my motion, and they are listed as follows:
Carole Bradley SCTM# 1000-57-2-17
John Londono & Courtney Kelso SCTM# 1000-113-9-11
William Frank SCTM# 1000-66-3-7
Stirling Basin, LLC SCTM# 1000-34-5-21
1260 Jackson Street, LLC, c/o Valerie Marvin, Managing Member
SCTM# 1000-117-10-9.2
John M. Carroll & Amelia Murphy SCTM# 1000-43-5-4
Stephen & Fortune Mandaro SCTM# 1000-31-16-7
9450 Main Bayview, LLC SCTM# 1000-87-5-22
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Board of Trustees 6 July 13, 2022
VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: Under Roman numeral VIII, Resolutions -
Administrative Permits.
In order to simplify our meetings, the Board of Trustees
regularly group together actions that are minor or similar in
nature. Accordingly, I'll make a motion to approve as a group
items 1 through 4 as follows:
Number 1, SOFIA ANTONIADIS requests an Administrative
Permit to conduct construction activity within 100' from
bulkhead for the addition to first floor and second floor of
dwelling.
Located: 12500 Main Road, East Marion. SCTM# 1000-31-14-7
Number 2, ANNAMARIE IERACI & JOHN NASTASI request an
Administrative Permit to install an 181x20' stone paver patio.
Located: 706 Wiggins Lane, Greenport. SCTM# 1000-35-4-18
Number 3, ROBERT & DONNA DRUMMOND request an Administrative
Permit for the replacement of existing sanitary system with a
new Innovative & Alternative Wastewater Treatment System further
landward than existing, as previously approved under Emergency
Permit #9804E.
Located: 675 Private Road #12, a/k/a Windy Point Lane, Southold.
SCTM# 1000-87-4-7
Number 4, CUTCHOGUE NEW SUFFOLK PARK DISTRICT c/o DAVID
BERGEN, COMMISSIONER requests an Administrative Permit for a Ten
(10) year Maintenance Permit to trim vegetation at top of bank
to no lower than three (3) feet.
Located: 55 West Road, Cutchogue. SCTM# 1000-110-7-13
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Roman numeral IX, Applications for
Extension, Transfers and Administrative Amendments. Again, in
order to simplify our meeting, I 'll make a motion to approve as
a group items 1, 3 through 7, 9 and 10. They are listed as
follows:
Number 1, 1050 WEST COVE ROAD LLC requests the Last One (1)
Year Extension to Wetland Permit #9501, as issued on July 17,
2019 and amended on September 18, 2019.
Located: 1050 West Cove Road, Cutchogue. SCTM# 1000-111-5-1
Number 3, PILLAR K. WILLUMSTAD requests a Transfer of
Wetland Permit #7024 from Varujan Arslanyan to Pillar K.
Willumstad, as issued on October 15, 2008.
Located: 1280 Sage Blvd. , Greenport. SCTM# 1000-53-5-10
Number 4, PILLAR K. WILLUMSTAD requests a Transfer of
Wetland Permit #4259 from Joseph W. Suda to Pillar K.
Willumstad, as issued on December 7, 1993.
Located: 1280 Sage Blvd. , Greenport. SCTM# 1000-53-5-10
Number 5, SANGROK LEE requests a Transfer of Wetland Permit
#10096 from Albert W. Selden, Jr. & Christian Rasmussen to
Board of Trustees 7 July 13, 2022
Sangrok Lee, as issued on March 16, 2022 .
Located: 200 Beebe Drive, Cutchogue. SCTM# 1000-97-7-1
Number 6, 622 CHURCH LANE LLC requests a, Transfer of
Wetland Permit #9214 from 2 Peconic Road, LLC to 622 Church Lane
LLC, as issued on April 18, 2018 .
Located: 1625 Naugles Drive, Mattituck. SCTM# 1000-99-4-18
Number 7, 622 CHURCH LANE LLC requests a Transfer of
Wetland Permit #9215 from 2 Peconic Road, LLC to 622 Church Lane
LLC, as issued on April 18, 2018.
Located: 1625 Naugles Drive, Mattituck. SCTM# 1000-99-4-18
Number 9, En-Consultants on behalf of GAYLE MARRINER-SMITH
& CHRISTOPHER F. SMITH requests an Administrative Amendment to
Wetland Permit #10080 for the relocation of the 41x10 ' step-down
platform from the north side to the east side/seaward end of the
4 'x13' fixed dock, in a "T" configuration.
Located: 2555 Kirkup Lane, Mattituck. SCTM# 1000-121-3-8
Number 10, SHEENA ACHARYA & ADRIAN SAPOLLNIK request an
Administrative Amendment to Wetland Permit #9860 for the
on-grade 8 'x12' platform with the addition of eleven (11) steps
leading to it; in lieu of the permitted 101x10' on-grade
platform.
Located: 645 Glen Court, Cutchogue. SCTM# 1000-83-1-7
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 2, En-Consultants on behalf of NORTH
PARISH DRIVE, LLC requests a Transfer of Wetland Permit #10124
from John & Lynn Scott to North Parish Drive, LLC, as issued on
April 13, 2022.
Located: 495 North Parish Drive, Southold. SCTM# 1000-71-1-5
Unfortunately, this file came in late and we did not have a
chance to conduct a field inspection, therefore I make a motion
to table this application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 8, William C. Goggins, on behalf of
MAIA KHUTSISHVILI requests a Transfer of Wetland Permit #63-7-38
from Janet Knight to Maia Khutsishvili, as issued on March 11,
1993; and for an Administrative Amendment to Wetland Permit
#63-7-38 for the existing 14.5 'x22.8 ' boathouse, with walkway
leading to a 4 'x121 ' dock in lieu of the previously approved
4 'x105 ' dock.
Located: 1645 Calves Neck Road, Southold. SCTM# 1000-63-7-38
Trustee Gillooly conducted a field inspection and upon her
field inspection noticed that the dock was not the same size as
what was on the permit. So we requested some new plans to show
the new dock, unfortunately the new plans came in without
dimensions.
So I will make a motion to table this application for
submission of a new survey showing the dimensions of the dock,
the steps and the walkway.
Board of Trustees 8 July 13, 2022
TRUSTEE KRUPSkI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 11, PHILIP & LIA CHASEN request an
Administrative Amendment to Wetland Permit #10095 for the
as-built increased square footage of the pool patio to 2245
sq.ft in lieu of the previously approved 1850 sq.ft. ; as-built
75'3" x 1613" retaining wall with a 4 ' non-turf pathway seaward
of retaining wall; establish and perpetually maintain the entire
property seaward of pathway as a vegetated non-turf buffer;
install 175' of fencing surrounding patio and on the retaining
wall; proposed pool house (350sq.ft. ) Not to be constructed.
Located: 1585 Long Creek Drive, Southold. SCTM# 1000-55-7-3
The Trustees have been to this site numerous times. We
requested some new plans showing a vegetated non-turf buffer.
The new plans that we received unfortunately did not adequately
address our concerns. It didn't match what we had spoken about
in the field.
Therefore, I 'll make a motion to table this application for
submission of new plans.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
X. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: Under Roman numeral X, Public Hearings, at
this time I make a motion to go off regular meeting agenda and
enter into Public Hearings.
TRUSTEE KRUPSKI: 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 PERMITS:
TRUSTEE GOLDSMITH: Under Wetland Permits, number 1, Nigel R.
Williamson on behalf of JOSEPH & DEBORAH POLIDORA requests a
Wetland Permit to demolish existing one-story entrance and
construct a new 6'x24 . 6' one-story entrance to dwelling with a
basement under (same footprint) ; construct a new 4 . 81x8 . 9'
enclosed addition connecting the existing dwelling to existing
489.25sq.ft. , 1.5 story garage; construct a new 4.0'x10.5 '
covered entry porch; construct a 4 . 6'x4. 6' outdoor shower (open
to the sky) ; demolish existing 8.8 'x24 .4 ' seaward side covered
porch and construct a new 18. 67'x38.0' single-story addition
with basement under and 4 .0'x4 . 0' egress window; the total
Board of Trustees 9 July 13, 2022
square footage of existing and proposed dwelling habitable area
is 1, 682.58sq.ft. ; construct a new 383sq. ft. stone patio in
between the new addition and garage; remove existing cesspool
and existing boulder retaining wall closest to dwelling on
seaward side, install a new I/A OWTS system with a waterproofed
66.0' long retaining wall with a 19' westerly return and a 17 '
easterly return to retain the proposed I/A sanitary system; and
create a 4 . 0' wide pervious access path with stepping stones to
creek.
Located: 1055 Point Pleasant Road, Mattituck. SCTM# 1000-114-1-1
MR. WILLIAMSON: Good evening, Board members.
TRUSTEE GOLDSMITH: The LWRP found this project to be consistent.
The Conservation Advisory Council resolved to support the
application with a non-turf buffer planted with native
vegetation.
The Trustees most recently conducted a field inspection
July 16th, 2022, noting the revised plans and project
description that were both received June 24th, 2022, seem to
address the issue that we were having with the house exceeding
the pier line.
Is there anyone here wishing to speak regarding this
application?
MR. WILLIAMSON: Nigel Robert Williamson, for Mr. and Mrs.
Polidora.
I believe all your issues from the last time were
addressed. The building was moved behind the pier line. There
was a new addition to the east side, and the septic, the IA
septic, retaining wall, remained in its existing, or in its
previous location. And everything else is being forward of the
front of the house. There is a new addition on the front six
feet by, 6'x16. 1' , and the covered porch got moved further to
the west end side.
And would you like me to read the project description out
again or not really.
TRUSTEE GOLDSMITH: That's okay, we have it in the file, stamped
received June 24th, 2022. And I will read it when we get to it.
MR. WILSON: And it was provided by Angelo, AJC Land Surveying
was the revised survey from June 16th, 2022.
TRUSTEE GOLDSMITH: One thing, I guess amongst all the visits and
everything, the pier line, one thing that we did forget to
address was the non-turf buffer. Looking at the plans, it looks
like you do have a pretty extensive natural vegetation line
already existing.
So potentially can we look for a ten-foot vegetated
non-turf buffer, ten-foot landward of that vegetation line as
depicted on your June 24th, 2022 survey?
MR. WILLIAMSON: (No response) .
TRUSTEE GOLDSMITH: So between your proposed retaining wall and
say west, you see where you have the line for the natural
vegetation, kind of going down the bank?
MR. WILLIAMSON: Right. Right by the gazebo.
TRUSTEE GOLDSMITH: Yes.
MR. WILLIAMSON: So, sorry, Mr. Goldsmith, what are you looking
for?
Board of Trustees 10 July 13, 2022
TRUSTEE GOLDSMITH: A ten-foot vegetated non-turf buffer. If we
can get new plans that show a ten-foot buffer from the natural
vegetation line landward toward the house.
MR. WILLIAMSON: So up onto the retaining wall.
TRUSTEE GOLDSMITH: Yes.
MR. WILLIAMSON: Okay, okay. And may I approach you just one
minute, please.
TRUSTEE GOLDSMITH: As long as you don't bite.
MR. WILLIAMSON: We were just talking about from this point here.
From here. Ten feet there (indicating) .
TRUSTEE GOLDSMITH: Yes. So on this section you might not get
ten feet because you are coming to the retaining wall. So, from
there to there, if you take this vegetation line that is
depicted on your survey, do a ten-foot line around it and just
call that out as a non-turf buffer.
MR. WILLIAMSON: Okay, because my client was proposing, in I
guess the hatched area, native plantings and everything else to
the retaining wall.
TRUSTEE GOLDSMITH: So if you want to just submit new plans that
show that as a non-turf buffer. The only thing we don't want is
just manicured lawn in that area.
MR. WILLIAMSON: Right, right.
TRUSTEE GOLDSMITH: Okay, anyone else here wishing to speak
regarding this application?
(Negative response) .
Any questions or comments from the Board?
(Negative response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. WILLIAMSON: Thank you.
TRUSTEE GOLDSMITH: I make a motion to approve this application
with the new plans submitted June 24th, 2022, and the new
project description which reads as follows:
Demolish the existing single-story entrance and bathroom
and construct a new single-story foyer, bathroom and basement
under; construct a 16.1'x6' addition to the existing one-story
structure on the west; construct a new covered entry porch;
construct a new enclosed connection between the new foyer and
existing garage as a laundry area; demolish the existing covered
porch at the rear of the dwelling; and construct a new
9.7 'x24. 4' single-story addition with basement under; construct
a new 16.5'x26. 5' addition with basement under at the rear of
the garage; construct a window well from the new basement;
remove the existing cesspool and install a new IA/OWTS system
enclosed with a new concrete retaining wall; drywells, new well
and also that the land seaward of the retaining wall be depicted
as a non-turf buffer.
That is my motion.
TRUSTEE KRUPSKI : Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. WILLIAMSON: Thank you.
Board of Trustees 11 July 13, 2022
TRUSTEE KRUPSKI: Number 2, Patricia Moore, Esq. on behalf of
JOHN COSENZA requests a Wetland Permit to establish and
perpetually maintain a Non-Disturbance area seaward of the top
of bluff with existing vegetation to remain natural with
selective hand pruning in order to maintain view shed; establish
and perpetually maintain a 10' wide Non-Turf Buffer at top of
bluff planted with ground cover with a mix of native grasses and
native species; remove existing flagpole; remove existing 411"
high stone retaining wall to allow natural slopes to be regraded
and place 21x3' natural boulders stacked to maintain natural
grade; install new 6" high by 7 ' wide natural split face
bluestone slabs placed at grade for steps (two steps 7 ' 61Ix6") ,
and following the natural grade; regrade to establish natural
slopes; curbs along natural grade, each curb l' high split face
bluestone curb and 4" wide with 6" steps embedded in the slope,
5 curbs in total, each curb along elevation 79 is 6 linear feet,
curb at elevation 78 is 24 linear feet, curb at elevation 77 is
34 linear feet, curb at elevation 76 is 42 linear feet, and
lowest curb at elevation 75 is 24 linear feet; 10' and 50 linear
feet of existing section of retaining wall along easterly
property line to be repaired, alternating flag stone steps
(3'x3' ) and 3'x6' (26 steps in total) ; regrade east side yard of
property for placement of pathway with 31x3' flagstone pavers
and 3'x6' , 26 pavers stone pavers set into the slope and level
with the retaining wall (grade rising from elevation 66 to
elevation 72 on north) ; plant slope with new native species
along east side of property; along west side of property plant
native trees and vegetation to thicken existing vegetation, 26
stone pavers walkway (3'x3' stones) to existing beach access; at
70' from top of bluff replace existing terrace and expand
existing stone terrace (total size 700sq.ft. ) ; and repair
existing concrete block wall on west side of property line; in
front yard install a new gravel parking area with Belgian block
curb to match driveway.
Located: 1700 Hyatt Road, Southold. SCTM# 1000-50-1-5
The Trustees most recently visited this location on the 6th
of July and noted that we would review the plans further at work
session. As noted, prior to this hearing, in hearings past, the
LWRP coordinator found this to be inconsistent due to the lack
of non-turf buffer, the pruning in the area, and the particular
plantings that were defined in the initial application.
The Conservation Advisory Council resolved not to support
the application due to the clearing at the top of the bluff and
noted they should be replaced and replanted with the same
diameter trees. It should be noted for the record that the
Board is in receipt of new plans stamped May 18th, 2022, which
they have reviewed at work session, as well as the new project
description stamped received June 17th, 2022, both of which show
the size of the non-turf buffer increasing and the
non-disturbance buffer seaward.
Is there anyone here that wishes to speak regarding this
application?
MS. MOORE: Yes. Patricia Moore, on behalf of Mr. Cosenza. Thank
you, those are the plans that are before you, so I just need any
Board of Trustees 12 July 13, 2022
comments or --
TRUSTEE KRUPSKI: Thank you.
Is there anyone else here that wishes to speak regarding
this application?
(Negative response) .
Any additional comments from the Board?
(Negative response) .
It should be noted that the Board has gone over this
application for quite a few months and tried to work with the
applicant to come up with the plans that were recently
submitted.
Hearing no further comments, I make a motion to close the
hearing on this application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to approve the application with
the following stipulations:
That the pool is tied into a drywell no further seaward
than the pool itself.
That the pool equipment is located no further seaward than
the pool itself, and be surrounded with noise-canceling
structures or plantings.
That no permanent irrigation or fertilizers are utilized
seaward of the retaining wall. With the new plans stamped
received by the office May 18th, 2022, with the new project
description stamped received June 17th, 2022, which will be read
as follows:
Non-disturbance area seaward of top of bluff with existing
vegetation to remain natural.
Additional 30' non-disturbance area to be planted with
drought-tolerant native grasses and perennials.
Landward of non-disturbance buffer, a non-turf/no-mow zone
will be planted with drought-tolerant native grasses and
perennials up to retaining wall.
Above planting as detailed in planting plan dated May 12th,
2022, received -May 18th, 2022.
Irrigation landward of top of bluff until vegetation is
established only.
Remove existing flagpole.
Pathway through non-disturbance buffer with 26 stone
pavers, (31x3' stones) to existing beach access.
Repair 4 ' 1" high stone retaining wall located landward of
non-turf buffer.
Place existing clean fill and topsoil (from the excavation
of pool) and regrade rear yard landward of retaining wall to
bring to grade to the height of house terrace (average height of
terrace above grade is two feet) .
Two drywells in rear yard to capture all runoff.
75' from top of bluff plunge pool angled width 713" to 5'2"
to 318 1/2" by 22 ' , and maintain 307 square feet existing
terrace.
Regrade east side yard of property for placement of pathway
with 3'x3' flagstone pavers and 3'x6' .
Board of Trustees 13 July 13, 2022
26 stone pavers set into the slope and level with the
retaining wall (grade rising from elevation 66 to elevation 72
on north) to tie into existing retaining wall.
Plant slope with new native species along east side of
property and proposed stone pavers set into slope.
Along west side of property, plant native trees and
vegetation to thicken existing vegetation.
Repair existing concrete block wall on west side of
property line.
In front yard (beyond 100 feet) , new gravel parking area
with Belgian block curb to match driveway.
With the new plans and project description that will
thereby bring this project into consistency with the LWRP
coordinator. That is my motion.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 3, En-Consultants on behalf of
1260 JACKSON STREET, LLC, c/o VALERIE MARVIN, MANAGING MEMBER
requests a Wetland Permit to remove and replace in-place
approximately 58 linear feet of existing timber bulkhead and ±6
linear foot long return with a vinyl bulkhead and return;
backfill with up to 15 cubic yards of clean sandy fill to be
trucked in from an upland source; and to remove and replace
in-place existing ±3'x4' wood steps to beach.
Located: 1260 Jackson Street, New Suffolk. SCTM# 117-10-9.2
The LWRP resolved to support this application, found it
consistent.
And the Conservation Advisory Council resolved to support
the application as well.
The Trustees most recently visited the site on July 6th,
2022, and field notes from that visit read straightforward
bulkhead replacement, protect existing vegetation.
Mr. Krupski' s handwriting is illegible. What is pink stake
and what is access. But you should see my handwriting. We have
stamped plans -- Mr. Herrmann, these are the May 27th plans?
MR. HERRMANN: Well, they are dated May 17th. I don't know what
date they are stamped in.
TRUSTEE SEPENOSKI: Stamped in May 27th, 2022 . And is there
anyone here that wishes to speak regarding this application?
MR. HERRMANN: Yes. Thank you, Eric. Rob Herrmann of
En-Consultants on behalf of the applicant.
It is a straightforward bulkhead replacement for the
portion of the bulkhead that is exposed on the subject property.
The area immediately behind it is generally flat, particularly
between the bulkhead and the accessory structure located behind
it. Most of the vegetation within that area is a privet hedge
that will be removed. Of course all that area will be disturbed,
and we show that 12-foot wide area behind that replacement
bulkhead to be maintained permanently as a non-turf buffer.
Access will come from the bay by barge, which is noted in
the top left corner of the locator map on sheet one. And the
stake that Nick saw, I'm guessing what it is, it' s unrelated to
Board of Trustees 14 July 13, 2022
this project. There is an adjacent parcel here to the west
where we are in the planning stage of putting together an
embankment stair, and I believe either the landscape architect
or surveyor had recently set a couple of stakes at the top and
bottom trying to figure out the best location for that
stairwell. So that' s probably what you saw but would be
unrelated to this application. You'll see it eventually, but not
yet.
TRUSTEE SEPENOSKI: Okay. Any questions or comments from the
Board?
TRUSTEE GILLOOLY: Just one question. The beach cottage, the 12
feet from the bulkhead, do you trust that this work can be done
without compromising that?
MR. HERRMANN: So, that' s a good question, Liz. If you look at
the page, sheet two of the plan, it'll show that the backing
system here is proposed as helical anchors as opposed to
traditional lay log and dead men, and the reason for that is
they don't want to excavate that whole area substantially in
order to put in a lay logs and dead men, which could compromise
the integrity of the structure. So they have designed around
that.
TRUSTEE GILLOOLY: Thank you.
MR. HERRMANN: You bet.
TRUSTEE SEPENOSKI: Any other questions or comments from the
Board?
(Negative response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I make a motion to approve this application,
stipulating to protect any vegetation during that construction.
That is my motion.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: En-Consultants on behalf of JOHN M. CARROLL &
AMELIA MURPHY requests a Wetland Permit to raise in-place
existing 1 and 2 story dwelling by approximately 2. 8' to FEMA
compliant elevation; construct a 459 second floor addition over
one-story portion of dwelling and covered porch in place of
existing roof deck; construct a 5. 11x18 .5' extension of covered
porch with 6'x6' steps and new roof deck above; construct a
5'x13.5' covered front entry porch with 61x6' steps and 4'x13'
open-roofed pergola; replace existing outdoor shower with a
5.7 'x9. 6' outdoor shower enclosure over gravel base and piped to
proposed drainage system; install 21x2 ' paver stone walkways;
expand existing pervious gravel driveway; remove existing
conventional septic system and install new I/A OWTS sanitary
system; install stormwater drainage system; and establish and
perpetually maintain a 10' wide non-turf buffer along the
landward edge of the tidal wetland boundary.
Located: 230 Inlet Lane, Greenport. SCTM# 1000-43-5-4
The Trustees most recently visited this site on July 6th,
Board of Trustees 15 July 13, 2022
2022, noting non-disturbance seaward of existing line of
vegetation, ten-foot non-turf landward from existing line. Since
that note I am in receipt of new plans state stamp dated
received July 6th, 2022, which depict the changes that were
requested.
The LWRP reviewed this application and found it to be
consistent.
And the Conservation Advisory Council reviewed this
application and resolved to support the application,
observing -- with one note. They observed the higher elevation
of the neighboring property and asked the applicant to consider
raising the dwelling to the same height, plus or minus two feet.
Is there anyone here wishing to speak regarding this
application?
MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of
applicant.
Liz, I want to check, it sounded like you said received
July 6th.
TRUSTEE GILLOOLY: Is that not the most recent one?
MR. HERRMANN: Well, Liz just stamped them in about a minute ago
TRUSTEE GILLOOLY: Okay, so July 13th.
MR. HERRMANN: I was wondering if someone else had beaten me to
the punch.
So, in brief, yes, this is an application that will raise
in place an existing structure from a FEMA non-compliant
elevation to a FEMA compliant elevation, with the construction
of a second floor within the footprint of the existing first
floor, and associated extension of the covered porch that will
remain behind the seaward projection of the existing dwelling.
As we discussed in the field, the Board had requested that
a ten-foot wide, non-turf buffer be added to the landward side
of the existing edge of lawn. It could be landward of the
existing landward limit of natural vegetation, up until where
the natural vegetation took a sharp turn to the west and toward
the road. Miraculously, we were able to get Peconic Surveyors to
shoot that edge of lawn since we met last week and the revised
site plan that I just discussed with Liz shows that non-turf
buffer.
In addition, the Board had requested that we show the area
of existing natural vegetation between the edge of lawn and the
tidal wetland boundary to remain and be memorialized permanently
as a non-disturbance buffer. So both of those labels have been
added to the plan, and that is the one last dated July 12th,
2022, which I had e-mailed to Liz either yesterday or the day
before. The hard copies just got stamped in now.
So we did make those changes. I think that' s all I have.
TRUSTEE GILLOOLY: That' s correct. Sorry, I had reviewed that
plan, and it was stamped received July 12th, in the office but
it was received by e-mail, so this is our first time seeing the
whole plan.
MR. HERRMANN: Correct.
MEMBER GILLOOLY: Is there anyone else here wishing to speak
regarding this application?
(Negative response) .
Board of Trustees 16 July 13, 2022
Any questions or comments from the Board?
(Negative response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: I make a motion to approve this application
with the new plans stamped received July 13th.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. HERRMANN: Thank you.
TRUSTEE PEEPLES: Number 5, David Bergen on behalf of WILLIAM
FRANK requests a Wetland Permit to replace existing bulkhead
in-place with 88 ' of new bulkhead using vinyl sheathing; 10"
diameter pilings installed 6' on-center; 3 rows of 6"x6"
whalers; 16' long tie-rods leading to vertical dead-men with
horizontal lay-log; install a non-treated lumber cap with four
(4) pilings elevated to approximately 8 ' above grade to secure a
boat in middle of bulkhead; install two swim/safety ladders;
install water and electric to bulkhead; install and perpetually
maintain a 15' wide non-turf buffer along the landward edge of
the bulkhead to match adjoining neighbor; reclamation of
dredging along total length of bulkhead to a depth of 2 ' at Mean
Low Water; approximately 10 cubic yards of dredge material to be
used to fill holes behind bulkhead.
Located: 1255 Arshamomaque Avenue, Southold. SCTM# 1000-66-3-7
The Trustees most recently visited this site on the 6th of
July, and noted that the application appears straightforward.
The LWRP finds this application consistent. In the event
the action is approved, an alternative to CCA treated pilings is
recommended, and turbidity controls are required.
The Conservation Advisory Council resolved to support this
application, and they noted the support with the following
conditions: 15-foot non-turf buffer planted with native
vegetation; exterior lighting to be Dark Skies compliant; size
of the vessel moored next to the bulkhead to be no larger than
ten feet; three, four-foot drywells installed parallel to
shed/bathroom; installation of a four-foot drywell along the
southern corner of the dwelling, and the dredging is consistent
with NYS DEC regulations.
And I do have a permit here, a general permit for the
bulkhead replacement with dredging from the New York State
Department of Environmental Conversation, stamped received dated
July 11th, 2022, that notes approval from the New York State
DEC. And the plans I have stamped dated June 7th, in regard to
this application.
Is there anyone here who wishes to speak in regard to this
application?
MR. BERGEN: Good evening. Dave Bergen on behalf of William
Frank. As you alluded to, this is a straightforward bulkhead
replacement of approximately 80 feet of bulkhead with minimal
reclamation dredging. This bulkhead was previously permitted
Board of Trustees 17 July 13, 2022
from the Trustees back in ' 87. It did get permission from Mr.
John Nichols who owns the underwater lands there and the pond.
As you mentioned we have a DEC GP permit, and so I'm here to
answer any questions you might have.
TRUSTEE PEEPLES: You just noted that there was an approval or
permission from the owner. Is this what I have dated July 8th in
here, from Frost Road Associates?
MR. BERGEN: Yes, President John Nichols.
TRUSTEE PEEPLES: Great. Thank you, very much. I just wanted
confirmation. I do see that in the file. Thank you.
Is there anyone else here who wishes to speak in regard to
this application?
(No response) .
Any other questions or comments from the Board?
(Negative response) .
Hearing no further comments, I make a motion to close this
hearing.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: I make a motion to approve this application.
And that is my motion.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 6, David Bergen on behalf of STIRLING
BASIN, LLC requests a Wetland Permit to remove and replace
failing bulkhead and return consisting of an approximately 10'
northern return, an approximate 76' long north bulkhead leading
to an approximately 12' long bulkhead to an approximate 90'
southern bulkhead consisting of vinyl sheathing, 12" diameter
pilings 6' on-center; 3/8"x8" timber whalers, tie rods leading
to helical screws with wood cap over entire bulkhead; project
included existing 61x7.5' platform supporting a 10' long
aluminum ramp and a 14' long aluminum ramp, all to be removed
for construction then put back in same location post
construction; remove existing first and second floor deck to
accommodate bulkhead construction; maintain existing non-turf
buffer; for the reclamation dredging to a depth of four feet at
Mean Low Water along entire length of bulkheads with
approximately 40 cubic yards of material to be used to fill
holes behind bulkhead with balance of material to be trucked to
an approved offsite location.
Located: 1100 Manhanset Avenue, Greenport. SCTM# 1000-34-5-21
The LWRP found this project to be consistent, just noting
the use of turbidity controls required.
The Conservation Advisory Council resolved to support the
application.
The Trustees conducted a field inspection July 6th, noting
that it seemed straightforward.
Is there anyone here wishing to speak regarding this
application?
MR. BERGEN: Dave Bergen, on behalf of Stirling Basin LLC, and we
Board of Trustees 18 July 13, 2022
have already noted everything on the record.
This is zoned into a commercial establishment, and so it has
previous Trustee permits for this, which is replacing things
that have already been approved.
If have you any questions, I'm here to answer them.
TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak
regarding this application?
(No response) .
Any questions or comments from the Board?
TRUSTEE GILLOOLY: Just one brief question. It says that the
decks will be removed. Will they also be replaced?
MR. BERGEN: There will be an application in the Building
Department for that, yes.
TRUSTEE GILLOOLY: Okay.
TRUSTEE GOLDSMITH: Any other questions?
(Negative response) .
Hearing no further questions, I make a motion to close this
hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I make a motion to approve this application
with the condition that turbidity controls are used during
construction.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. BERGEN: Thank you.
TRUSTEE KRUPSKI : Number 7, AMP Architecture on behalf of STEPHEN
& FORTUNE MANDARO requests a Wetland Permit for the existing
one-story wood frame dwelling 22 .8 'x36. 9' (840sq. ft. ) ; existing
entry vestibule 4 .3'x8. 4' (35sq. ft. ) ; existing entry stoop and
steps 3. 0'x5.0' (15sq.ft. ) ; the existing wood deck with proposed
screened-in porch 12.2 'x13. 9' (170sq.ft. ) ; and a proposed
covered porch 9.0'x12.2 ' (110sq. ft. ) .
Located: 2370 Bay Avenue, East Marion. SCTM# 1000-31-16-7
The Trustees most recently visited the property on the 6th
of July, noted that it was a straightforward application.
The LWRP found this to be inconsistent. The structure is
located within FEMA A flood zone, and 81.2 feet from Gardiners
Bay. The structure in this area should be minimized to prevent
exposure to flooding and damage, and repetitive loss over time.
And the Conservation Advisory Council resolved to support
the application with the installation of gutters to leaders to
drywells to contain storm water runoff.
Is there anyone here that wishes to speak regarding this
application?
MR. PORTILLO: How are you, Board. Hope you are having a good
evening. We have received approval for this -- well, let me
describe it, I guess.
So there is an existing deck on the property. It's off of the,
basically the side of the house, but it' s pretty much their main
entrance. They would like to cover the deck and then a portion
Board of Trustees 19 July 13, 2022
of it is being closed in, but more of a three-season room. It's
unheated. It would be finished like with possibly p-board or
something like that on the walls, and maybe some sort of ceiling
finish. But it will still remain a deck underneath. It will be
an open structure. So the idea is to build on top of that.
We did file with New York State Department of Environmental
Conservation, and we have approval there. And we did have to go
to Zoning and we did receive approval from Zoning as well.
TRUSTEE KRUPSKI: Okay, thank you.
MR. PORTILLO: One thing, just to let the Board know, Zoning did
have, did ask that the rafters stay open, but we went back and
wrote a letter, we gave it to Kim, to the administrative office,
and they are reviewing that to basically -- they might hopefully
would amend that request, because we are not putting in any
heat, we are not insulating it. It's just closed from the wind
and insects and stuff like that. That' s the purpose of it.
TRUSTEE KRUPSKI: Thank you. I would also just recommend doing
gutters to leaders to drywells on the property.
MR. PORTILLO: Not a problem. We'll take care of that.
TRUSTEE KRUPSKI : Thank you. Is there anyone else here wishing to
speak to this application, or any additional comments from the
Board?
(Negative response) .
Hearing none, I make a motion to close the hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to approve this application
with the stipulation of stainless steel hardware to prevent
storm damage, thereby bringing it into consistency with the LWRP
coordinator.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 8, AMP Architecture on behalf of 9450
MAIN BAYVIEW, LLC requests a Wetland Permit to construct a
proposed 16'x59' (945sq.ft. ) two-story dwelling on a proposed
10"x10" concrete piers upon helical piles (24 total) foundation
with Azek Break-Away walls; a proposed a 61x22 .3' (135sq.ft. )
wood cantilevered deck; and a proposed 3 'x14 .7 ' (45sq. ft. )
cantilevered front entry deck; install a new I/A OWTS sanitary
system buried at front/side of property; install a 560sq.ft.
Gravel driveway; install (1) 6'x4' deep drywell and (1) 6'x5'
deep drywell located at front and side of property; install (1)
1, 000 gallon propane tank at front of property; and install
buried utility connections at front of property.
Located: 9450 Main Bayview Road, Southold. SCTM# 1000-87-5-22
The LWRP found this proposed project to be inconsistent.
The inconsistency stems from a number of concerns, which are as
follows: New York State DEC permit does not current single
family home configuration. Note the lot coverage calculation is
incorrect. Lot coverage is calculated for buildable land only,
subtracting all wetland areas from total parcel acreage. The
straight line showing the northwest delineation line of the
Board of Trustees 20 July 13, 2022
freshwater wetland is odd and requires verification from 1962
aerial photo below, included in this finding, shows a more
circular wetland. Further, the wetland seems larger than
depicted in the file. These sets of freshwater wetland expand
and contract seasonally, due to the hydro-period indicative of
this area. Test hole data shows water encountered at
four-and-a-half feet below grade. The hole was dug in 2005 and
data is 17-years old. Updated data should be required.
Corey Creek is a New York state Significant Coastal Fish
and Wildlife Habitat. The surrounding upland area is an
important habitat that provides value to wildlife species.
Finally, a non-disturbance buffer is not proposed in
freshwater wetlands. Wetlands and benefits are dependent upon
the condition of adjacent lands which provide buffers between
wetlands and surrounding uses. These buffers are necessary to
ensure the long-term viability of the Town' s wetlands.
That concludes the findings of the LWRP.
The Conservation Advisory Council of the Town of Southold
resolved not to support the application.
And the Conservation Advisory Council does not support the
application because the project is not in compliance with
Chapter 275 Wetlands, and inconsistent with the LWRP.
The Trustees most recently visited the site at field
inspection July 6th, 2022, and the notes from that visit were
reviewed during work session. The Trustees did review the
application during work session, looking at plans stamped May
3rd, 2022, and considered the survey that was given to our
office on June 28th, 2022 .
We also received a letter from Ashley and Isaac Ichenberg,
residents on Main Bayview Road. And I'll try to summarize their
comments briefly. -
The
riefly. _The property was not properly noticed. The area should be
considered highly valuable because of the wetlands resources.
And the third consideration, which is more expansive,
states that rising sea levels predicted in our area which
threatens flooding on this property and adjacent properties.
Without further ado, I would invite comments from the
public.
MR. PORTILLO: So this proposal was obviously, you guys saw this
a few months ago. One of the biggest changes we came up with
that we thought should be considered was that we were
considering removing the basement, not digging up, you know, not
digging the land, and putting in a helical pile system with
piers. So we really thought this would reduce the disturbance of
the land.
The other thing, after the denial last time, was we did
receive approval from DEC on our original application, which was
the original application we had with Trustees that we then
revised the design based on comments received by the Board.
Regarding the mark out of the fresh water was done in 2021.
We will get a new test hole, which will be required moving
forward with the septic system. We'll have to obviously do that
for the Health Department.
So, you know, I think the large change here of not digging
Board of Trustees 21 July 13, 2022
4
a basement, which I think was one of the larger comments from
what I heard last time, from the LWRP, we took out the basement
and we considered looking at this as a post beam construction.
And it really does reduce the disturbance to the land.
So a helical pile, just to describe it, is basically a
corkscrew that gets drilled in. We would be putting in a grade
beam so we would not be taking any berth away. It would be at
grade. And we would be building columns from there and then the
structure on top of it. So our proposal changed in that sense
and, like I said, that now at this time we have the DEC approval
of the last design. Obviously we have to go back to DEC to
submit our revised drawing based on what the design changes are.
But I thought that, you know, coming back to the Board to
discuss this, um, because of, you have these couple of, these
large revisions, but also 'this evolution of what happened with
the DEC, I thought it was something the Board would consider
thinking about a little further.
Unfortunately the owner of the property was unable to make
it today due to some family matters. He did want to speak to you
guys again, but he' s looking to put something small on the
property for his family, as he expressed last time. And we are
looking for the Board to consider something and, you know, we
are willing to discuss it further. We are willing to work with
the Board, if it' s going to a workshop with you guys, but we
think that there should be something we can do here.
TRUSTEE PEEPLES: Thank you. So how does this new application
address our previous concerns about the proximity to the
wetlands?
MR. PORTILLO: Well, like I said, based on our last application,
we were showing larger .excavation amount, where we were going to
remove, basically digging into the ground and taking dirt out
and creating a basement. So by doing this, you know, helical
pile structure, it' s a lot less disruption. It' s basically
drilling into the ground and building up from there.
So we are not, I mean, we obviously need to clear, we are
willing to clear a small portion where the house is going to be,
and we'll leave the rest, you know, the way it is. We won't
touch it. We just need enough room to be able to do the drilling
portion. The truck can be at street and then it can drill from
there.
So we don't have to do a large clearing. I think it' s a
good solution to the discussion from last time.
TRUSTEE SEPENOSKI: Are there any comments?
TRUSTEE GILLOOLY: The primary concern I had last time was the
distance to the wetlands. You are seeking nearly 40% relief from
our code, with a distance of 62 feet from the wetlands, where we
require 100 feet. You have not moved it at all, and that was the
primary concern I had last time. So can you address that at all.
MR. PORTILLO: So if that' s a concern then maybe there is
something we can consider in the design to get further away from
the wetland. I mean, we obviously have a zoning issue here. We
do need go to the Zoning Board and request a front yard
variance.
Doing research in this area, there are homes that are, you
Board of Trustees 1 22 July 13, 2022
know, 15, 20 feet off of the street. So, you know, maybe we can
adjust that and try to get' a little closer to the street. The
thing is Zoning, really, they heard us first, they wanted us to
come here. So I mean, adjusting that distance, it' s something,
and it's a difficult situation, right, because it' s one Board
then another Board. I 'm not sure where Zoning is going to be on
this. I'm not sure if they. are going to approve us to be 30
fate. 30 feet to me makes 'sense, because if you look at a
property that, if you look at an R40 property, front yard
setback is 30 feet, if you. are a certain lot coverage, which,
I'm sorry, a certain lot size. So in my mind we are at a
certain lot size here because most of it, there is wetland
there. So that was going to be the way that I was going to go
and present that to Zoning. that we really should be considered
with this, and being 30 feet off the front property line makes
sense.
Again, there• is some homes that are on this street that are
20 feet off the property line. You know, so I would use that as
part of my argument with Zoning.
Again, Zoning asked us to come here first, so, we are back
here for that reason. And I'm trying to create a structure that
I think, like I said, we don't need as much clearing to do this
type of application. We really just need enough room to get in
the there and to drill in the helical piles and then we can do
our work from there.
TRUSTEE GILLOOLY: The plans we are in receipt of, those were
prepared for this Board; is that correct?
MR. PORTILLO: That's correct, yes.
TRUSTEE GILLOOLY: So is there a reason why on there it says the
rear yard setback required' is 75 feet from the wetlands when our
code states 100 feet?
MR. PORTILLO: Just one thing to state to the Board, our original
application to the DEC, I know you guys don't make decisions
based on what DEC makes decisions but, you know, our original
application --
TRUSTEE GILLOOLY: We are actually a totally different Board from
the DEC and DEC does not regulate wetlands smaller than 11. 4
acres. They leave that to local jurisdictions like us to deal
with, so that's why you are here.
MR. PORTILLO: Okay, no problem.
TRUSTEE GOLDSMITH: Obviously we can't speak for another Board as
far as the setbacks from the road and everything. From this
Board' s perspective we areilooking to protect the environment
the best way we can. So obviously we want as much distance from
whatever structure you are proposing in that wetlands. I know
it's a tough position to go back and forth between two Boards,
but obviously we would like it as close to the road and as far
away from wetlands as possible, which may not be necessarily
what the ZBA is looking for. So that is something we would like
to see. We do appreciate you are trying to work with the ground
disturbance. So, you know, I think between the lack of ground
disturbance and potentially moving it closer to the road, we
might be heading in the right direction here. I don't think we
are there yet.
I
Board of Trustees 23 July 13, 2022
I don't think this particular application adequately
addresses our previous concerns, but I think we are moving in
the right direction. Whether we get there or not, I don't know.
But I don't know if this one is quite there.
MR. PORTILLO: I mean, could I propose that I go back to the
Zoning Board, I guess and 'start, maybe, that conversation over
with them, and see if I can work out what they would accept as a
front yard variance. I mean, that would help me adjust our
building line. I mean, our building positioning.
TRUSTEE GOLDSMITH: Unfortunately, one has nothing to do with the
other. So what you propose to us may not be what the ZBA
ultimately allows. So, you know, to find a distance that
potentially works for us and then, you know, after that, take it
to the ZBA.
MR. PORTILLO: I understand.
TRUSTEE KRUPSKI: It' s up to you if you would like to do that,
obviously.
MR. PORTILLO: Um, well, seeing that they actually asked me to
come here, I probably would be bounced back. So I would
imagine, so it might not make much sense.
So I guess I would, let me do a little more recognizance on
the area and see what I believe ZBA might allow me to push the
home up to the road, and then I guess. I'll take a little bit of
a gamble there and see if I can get it to a point where you guys
are satisfied with the distance from the fresh water.
TRUSTEE GILLOOLY: I was also surprised not to see any
non-disturbance buffer on the plans you submitted to us. Based
on our comments last time. I would think that would be a very
extensive non-disturbance buffer, and we really shouldn't be
doing this at a public hearing. We should be getting complete
applications that are really ready for us to consider. This is
no way near that for me.
MR. PORTILLO: Understood.
TRUSTEE KRUPSKI: Just to piggyback off that. With a property of
this environmental significance and fragility, I would
recommend, you know, something, you know, complete
non-disturbance surrounding any structure.
MR. PORTILLO: Fair. Okay, if I can have some time, I would like
to come back.
TRUSTEE SEPENOSKI: Is there anyone else in the audience this
evening to speak to this application?
MS. KIRSCH: Hi, my name is Mary Kirsch and I have property
adjacent to the 9450 building proposal. And a legal friend
advised, suggested that I express this.
So I ask the public hearing of record and the Trustees
files for the prior application previously heard by this Board
on February 16th, 2022, and March 16th, 2022, made by AMP
Architecture on behalf of 9450 Main Bayview LLC, and your
decision in this matter be incorporated into the record for this
application.
MS. HULSE: You are not permitted to do that. It' s a different
application.
MS. KIRSCH: All right, all right. So, to continue on, I own the
property adjacent, and first thing I should probably mention is
Board of Trustees 24 July 13, 2022
that it was posted incorrectly. It was not on that property.
And the only reason I discovered it is because I take my daily
walks. Aside from that, my first and most important concern
with this building package is, again, environmental. It' s in the
middle of the buffer zone. 58 feet, they want to, 58 distance
from the pond and to create their building, which is kind of
absurd because it's a really sensitive piece of property.
They don't comply at all with the 100-foot fresh water
setback, which is the Southold code, which you guys enforce.
The other thing is, I know some, that pond, I've lived
there for 25 years. And it's a big pond. It's 75 feet by about
35 feet wide. And it' s a vernal pond and it' s alive and well.
You can come to my deck, mid-April, the peepers start singing
and then I got the bullfrogs and then I have the salamanders and
then I have the turtles that lay eggs in my compost. So it' s,
um, it' s, it would be really a hardship that all would
disappear, because as soon as the trucks come in and the,
everything disappears. You'll no longer have that whole
environment.
Besides, also, the snakes, the possums, the deer, the
hawks, the owls. Right now that area is pretty much a nature
preserve at this point in time.
Um, the other thing ghat was disturbing was, a front yard
of 30 feet is also ridiculous. It doesn't meet the code from the
Zoning Board.
So another issue that was about, you heard, you discussed
it earlier, about the test hole of 2005. And I tell you, that
pond goes up and down all year. It's different. And around the
perimeter of that pond, gets really saturated and really wet,
depending, I don't know if it's the moon or the stars or the
springs, but it should be noted that as far as leaching and all
that kind of thing, that' s going to be another problem.
So the Trustees have rejected this proposal as well as the
Local Waterfront Revitalization Program and the Conservation
Advisory Counsel, all stating that it does not comply with
Southold code and that it is environmentally unsound.
So if you can't meet the correct criteria for all these
different agencies I just mentioned, I believe this proposal
should be denied.
25 years ago, I took a look at that property and the
Trustees said to me then, Mary, find something else. It's
impossible, that piece. It''s really difficult, and I just hope
that you consider this as a very sensitive piece of property.
Thank you. For your time.
TRUSTEE GOLDSMITH: Thank you.
MR. PASSANANT: Good evening, everyone, my name is Tom
Passanant, and I too live next door. For the last seven years
I've been there. I attended the March 16th hearing, and when I
left that night, I just had a sense that a little piece of
Southold Town was saved. And I didn't celebrate, I didn't
gloat. It just sounded like a piece was protected. And the
strength of the decision was what Mr. Sepenoski and Ms. Gillooly
had mentioned about the hundred-foot distance from the pond,
freshwater pond. And I remember that. And I went there this
Board of Trustees 25 July 13, 2022
morning and I paced out with my own pace, about six feet of
pace. I measured 100 feet from the freshwater pond, and I
measured 50 feet in from the roadway. And the distance, the two
lines didn't meet, but there was approximately 16 feet in that
space. So if the integrity of those dimensions were to be
maintained, it would not allow for any type of structure.
I also saw on the map that was submitted, 50 feet that they
include, had a line drawn across the street from Bayview. It was
not from the line of the property line itself. So that reduced
it to 30 feet. I too, I saw copies of what Mr. Sepenoski and
Ms. Gillooly had quoted, and Mary, too, and I just highlighted
the LWRP's July 6th proposal as recommended as inconsistent with
the LWRP policies. And I also saw the Conservation Advisory
Council resolution, same date, July 6th, resolved to not support
the application of 9450 Main Bayview LLC to construct a
single-family dwelling. And all six members had voted aye to
support that. And their conclusion said because the project is
not in compliance with Chapter 275 Wetlands and LWRP.
It seems such a strong position, I guess, against the
proposal. And also, the final thing is, it is a sensitive spot.
You know, when I went there today, it was bone dry, but what
Mary was trying to say, in the seasons, the rain, it fills up,
it fills up. In springtime hundreds if not thousands of those
tree frogs, turtles and two other different frogs. I have seen
eggs laid in my compost heap. I walked over to Wolf Preserve up
the street on Bayview. They used to have pictures of all the
animals that were there, and it' s pretty comparable to what this
project is.
Oh, I forgot, after I left in March 16th, I wanted to thank
the Board for their decision. I went over to the Town Hall and
nobody was there but Ms. Cantrell, and I said can you tell them
thank you. You know, never having an experience with this
before, I thought that was the end. And you said, they can
appeal. So that' s clearly what has happened, and it sounds like
it's possible to happen again. So I hope the same requirements
would still be in effect.
And the last thing I 'll say is it is a sensitive piece of
property. Over time nature has made that look like a preserve,
like Mary said. I can stand there and see it. Nature kind of
reclaimed it. And I think it is a piece of property that is
worth preserving and is worth protecting and is worth saving.
Thank you.
TRUSTEE GOLDSMITH: Thank you.
MS. HULSE: For clarification, on the record. This is not
actually an appeal from the previous denial. This is actually a
new application. I know it seems like that because it's a
similar application, but it is a new application, which is why
we couldn't incorporate the old testimony into this new one. So
it' s good that you showed up to provide the testimony tonight.
TRUSTEE SEPENOSKI: We welcome public participation, so I
encourage else -to come forward and speak regarding this
application.
MR. SCALICE: Charles Scalice, I'm an adjacent property as well.
I appreciate what you guys' do, and I appreciate owners' rights as
Board of Trustees 26 July 13, 2022
well. But going back a couple of years, this property had fallen
into foreclosure, bankruptcy, and I was at the courthouse steps
when it was being sold. And the judge told the buyer several
times, you know this property is probably unbuildable because of
the environmental issues of the property. And the buyer kept on
saying we acknowledge, we acknowledge. Okay, then went to the
buyer. The buyer then did some tests and realized it was maybe
an uphill struggle or just unbuildable. It then went on the
market as listing that says we make no representation. Might
not be buildable.
This gentleman bought the property and is now here for the
second or third time, I don't really know, asking for
forgiveness, if you will, okay, and can we build on it, when it
was well instructed that it was most likely unbuildable because
of the environment sensitivity. Wasting your time, my time,
everyone' s time. Just because they are trying to shove a square
peg in a round hole. And I appreciate, if it' s buildable, he
should build. But it doesn't seem that way. That' s all have I to
say.
TRUSTEE GOLDSMITH: Thank you.
TRUSTEE SEPENOSKI: Just for the edification, if you will, of the
audience, the determination of whether or not a lot is buildable
lies with the Building Department. However our code gives us
powers to make decisions regarding properties where
environmental impact is present and significant. Thank you.
MR. PORTILLO: And I appreciate that. I was going to say
something similar to that. We are not here to make a square peg
into a round hole. We are here to work with the Boards and we
a're here, I'm here doing my job so, to help my client. I don't
think, just for the record, I don't think he was thought that
the land would have as many issues, otherwise I don't think he
would have purchased it. So it' s hard to say what he knew and
what this person knew. I just don't think that' s a viable thing.
MS. HULSE: It's not really relevant to this Board's
consideration anyway.
MR. PORTILLO: I agree. Anyway, my point is we would want to work
with the Board, that' s what we here for. I would ask for an
adjournment. I'll be taking the comments from the Board, I'll
bring it back to my clients and see if we can put together
something that makes sense., for everybody, hopefully makes sense
for the Board and I guess we'll see where it goes from there.
You know, that would be my request.
TRUSTEE SEPENOSKI: Mr. Portillo, the opportunities this Board
presents to applicants are extensive, in fact. We have a
pre-submission process whereby we invite applicants to meet us
Trustees, all five of us in the field, to get a sense of what
the applicant' s needs are, ; what they would like to do, and where
we come from, in terms of an environmental impact. We then
review plans extensively. As people have pointed out in the
audience, we've review plans your plans extensively, multiple
times. We've visited the location multiple times. And we've also
had two public hearings regarding this application.
My point is there is ample opportunity to understand the
Trustees' concerns before we get to public hearings and, as Mr.
Board of Trustees 27 July 13, 2022
Scalise has said, wasted this Board' s time and the audience
members' time as well.
So respectively, I deny your request to adjourn or table
this application, and I make a motion to close this hearing.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: Roll call vote on the motion to close, start
with Trustee Peeples. Aye or nay if you want to close it.
TRUSTEE PEEPLES: Aye.
TRUSTEE GOLDSMITH: Trustee Gillooly?
TRUSTEE GILLOOLY: Aye.
TRUSTEE GOLDSMITH: Trustee Sepenoski?
TRUSTEE SEPENOSKI: Aye.
TRUSTEE GOLDSMITH: Trustee Krupski?
TRUSTEE KRUPSKI: Aye
TRUSTEE GOLDSMITH: Trustee Goldsmith. Aye.
TRUSTEE SEPENOSKI: I make a motion to deny this application.
TRUSTEE GILLOOLY: Second.
TRUSTEE SEPENOSKI: Based on Chapter 275, inconsistency with the
LWRP proximity to wetlands that are undisturbed currently and
wildlife, this particular application violates 275-12 (a) because
it adversely affects the wetlands of Southold Town, and
275-12 (b) , adversely affects fish, shellfish and other
beneficial marine organisms, aquatic wildlife and vegetation
within the natural habitat, thereof.
In accordance with all that, I make an application to deny
this application as submitted due to those reasons,
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: Number 9, Jeffrey Patanjo on behalf of ANTHONY
& BEATRICE FALCONE requests a Wetland Permit to install a
proposed 4 'x6' cantilevered platform off of bulkhead; a 30" wide
by 14 ' long aluminum ramp; and a 61x20' floating dock supported
with two (2) 10" diameter CCA piles and situated parallel to the
bulkhead.
Located: 405 Williamsberg Road, Southold. SCTM# 1000-78-5-17
The Trustees most recently did an inhouse review, reviewing
the plan received June 14th, and the new project description as
written here. I 'll read it into the record now.
The proposed project includes installation of two
4' 10"x12 '3" long personal watercraft floats, total of 118.3
square feet, fastened to existing bulkhead, in an end to end
pattern so as not to obstruct navigation in existing channel.
The LWRP reviewed this application, found it to be
consistent, recommended minimizing CCA-treated materials in the
New York DOS significant coastal fish and wildlife habitat area.
And the Conservation Advisory Council reviewed this
application and resolved to support it.
I do have a letter from our office dated June 21st, asking
the following: The two questions: Are the jet ski floats just
being tied to the bulkhead, no ramp to go down to them. That
was the main concern.
Is there anyone here wishing to speak regarding this
Board of Trustees 28 July 13, 2022
application?
MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant. The
floats, as you see, are less than the 120-square foot, so they
meet DEC requirements as well as the Trustees. They will be all
plastic construction, thereby eliminating and CCA into the
water, and they will be tied to the existing bulkhead and
accessed by way of a ladder on the side of the bulkhead.
TRUSTEE GILLOOLY: One question here, the plan we have depicts a
house on the property. Is there currently a house on the
property?
MR. PATANJO: There should - I have not been there, admittedly.
I believe there is a house there. I thought there was. I thought
they just built a new house. I'm almost positive there is a
house there.
TRUSTEE KRUPSKI: It was not built the last time we are there.
MR. PATANJO: I'm almost positive it was built. Regardless, if it
was not built, it will be coming to the Board for a permit to
construct, obviously. But I believe the house is built.
TRUSTEE SEPENOSKI: Mr. Patanjo, when was the last time you
visited the property in person?
MR. PATANJO: Last time I was there was a couple of years ago.
TRUSTEE SEPENOSKI: Okay.
TRUSTEE GILLOOLY: Is ther& anyone else here wishing to speak
regarding this application?
(Negative response) .
Any questions or comments from the Board?
TRUSTEE KRUPSKI: Just that given this site, the neighboring
property across the street, we suggested a cutout, I believe
they wanted a cutout because it' s really narrow there. That's
what I think is most appropriate for this site. The cut-in to
the bulkhead.
MR. PATANJO: Right. That was discussed during the time when we
submitted for a floating dock for a boat to be tied up and when
we eliminated that from this property, so now we are going with
this jet ski which does in, fact penetrate down five feet
maximum. 12 feet obstruction for navigation. As you see,
there' s 45 feet to the adjacent shoreline over there. From the
five foot.
TRUSTEE GOLDSMITH: I believe one of the other issues that we had
with where the proposed jet ski floats are going, you have, I
don't have it in front me. ! What's the water depth?
TRUSTEE GILLOOLY: Two feet'.
MR. PATANJO: It varies. Right up against the bulkhead, 2 . 4
feet. 2. 0 feet, 2.3 feet. And it varies out to about 3 1/2 at
the opposite side. So it really ramps off quickly.
TRUSTEE GILLOOLY: One of my concerns is a vessel could be tied
to the outside of the floating dock
MR. PATANJO: You can make a condition that no vessels to be tied
to the outside of the floating dock. I don't feel that somebody
would tie off to a float dock when they can tie off to bulkhead
which five feet over. So I would condition it that no vessels
can be tied'to the floating -- to this jet ski float.
MEMBER PEEPLES: You mentioned an access of a ladder, I believe?
MR. PATANJO: Yes.
Board of Trustees 29 July 13, 2022
TRUSTEE PEEPLES: I don't see that on the plans, on the callout.
MR. PATANJO: I didn't add it. I can amend the plans if needed,
or we can just specify it- Normally I don't add things such as
that to a permit applicatibn. And added to this was the fact,
mentioning a boat, we actually placed these in a position so he
could still tie up his boat on to the existing bulkhead where
there is a greater water depth to the north.
TRUSTEE GILLOOLY: It's just such a narrow part of the channel
here and has you can see part of that area is not navigable
because it' s too shallow. So this really is very tight, in this
location.
MR. PATANJO: Right. And again, there is nothing, on behalf of
the client, there is nothing stopping him from tying up a barge
here, like there is to the north. There is nothing stopping him
from tying up a 50 foot wide, 14, 16-foot beam boat. So he
doesn't want to do that
TRUSTEE GILLOOLY: I believe his neighbors would stop him from
doing that.
TRUSTEE SEPENOSKI: Is there anything stopping him from tying up
his jet ski to said bulkhead currently?
MR. PATANJO: He can't. Jet skis need to be on a float. And that' s
pretty much what he's doing. A jet ski is three-and-a-half foot
wide. These floats are 4' 10" wide. So it's penetrating a couple
inches in each direction, but they are out of the water, they are
safe and secure, and they are not smashing around.
TRUSTEE SEPENOSKI : Thank you.
TRUSTEE GILLOOLY: Any other comments?
(Negative response) .
Hearing none, I make a motion on to close this hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GILLOOLY: Given the limited depth of the water and the
narrow area where these floats are being proposed, this project
is not consistent with best practices of this Board.
Further, the proposal is not consistent with standards for
issuance of permits as listed in Chapter 275, specifically (d) ,
adversely affects fish, shellfish and/or beneficial marine
organisms, aquatic wildlife and vegetation or the natural
habitat thereof, and it would adversely affect navigation with
normal use, I therefore make a motion to deny this application
as submitted.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
i
TRUSTEE PEEPLES: Number 10, Jeffrey Patanjo on behalf of CAROLE
BRADLEY requests a Wetland! Permit to remove and replace the
existing deteriorated upper bulkhead and replacement with
proposed 51 linear feet of; new vinyl bulkhead with associated 32
linear foot return, both landward of existing bulkhead; install
and perpetually maintain a: 10' wide non-turf buffer along the
landward side of proposed landward bulkhead; remove and replace
existing catwalk/pier consisting of a 4'x16' landward catwalk to
a 8 'x12' deck to a 4'x9' seaward catwalk as required only to
construct proposed bulkheading; and to install Thru-Flow decking
Board of Trustees 30 July 13, 2022
on the entire catwalk/pier surface.
Located: 1265 Island View Lane, Greenport. SCTM# 1000-57-2-17
The Trustees visited this site on June 8th, and noted to
check the permit history as the existing bulkhead appears
non-functional. We also conducted an inhouse inspection and
discussion on July 6th. And I have plans stamped and dated April
13th, 2022.
The LWRP proposed this action is consistent with policy
standards, and did note that the Wetland permit #9101 for the
same action was issued in 2017. The recommendation at the time
was that the action was consistent with the LWRP. They also
noted that the wetland species should be protected during
construction, and turbidity controls are required.
The Conservation Advisory Council resolved to support this
application and noted to provide a ten-foot non-turf buffer
along the landward side of the proposed bulkhead, and to remove
and replace existing pier as required, only to construct
proposed bulkhead and install through-flow decking. And both of
those concerns of the Conservation Advisory Council are present
in this plan, showing the ten-foot, non-turf buffer that is
landward of the bulkhead. And also a note on here that there
will be through-flow decking on the entire surface of the dock.
Is there anyone here who wishes to speak in regard to this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. As
mentioned, this is the renewal of an existing expired permit. No
major changes to it. And there is a current DEC permit active
for this, which they didn't have, for whatever means to do the
project at time and now they are able to actually construct it.
TRUSTEE PEEPLES: Is there anyone else here who wishes to speak?
(No response) .
Any other questions or comments from the Board?
(Negative response) .
TRUSTEE PEEPLES: Hearing no further comments, I make a motion to
close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: I make a motion to approve this application.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 11, Jeffrey Patanjo on behalf of JOHN
LONDONO & COURTNEY KELSO requests a Wetland Permit to remove the
existing deteriorated fixed dock and timber ramp, and relocate
the existing 8'x20' floating dock; construct a new 4' wide by
125' long fixed dock in similar location as existing; install a
new 30" wide by 14 ' long aluminum ramp; and the existing 8'x20'
floating dock to be repositioned into an "L" shape configuration
and supported with four (4) 10" diameter cca pilings; the entire
proposed fixed dock to have Thru-Flow decking installed; and the
existing deteriorated timber bulkhead to be removed and disposed
of.
Board of Trustees 31 July 13, 2022
Located: 4328 Westphalia Road, Mattituck. SCTM# 1000-113-9-11
The LWRP found this to be consistent.
The Conservation Advisory Council resolved to support the
application.
The Trustees conducted a field inspection July 6th, 2022,
noting the proposed dock exceeds the pier line, and the need to
use immediately adjacent docks establish the pier line.
Subsequently we received new plans and project description
both stamped received July 11th, 2022, that addressed that pier
line issue as well as shortening the proposed dock.
Is there anyone here wishing to speak regarding this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. Revisions
were made based on the comments. If there are any questions, I
would be happy to answer them.
TRUSTEE GOLDSMITH: Anyone else here wish to speak regarding this
application?
(Negative response) .
Any other questions or comments from the Board?
(Negative response) .
TRUSTEE KRUPSKI: No.
TRUSTEE GOLDSMITH: Hearing none, I make a motion to close this
hearing.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I make to motion to approve this application
with the new plans stamped received July 11th, 2022, as well as
the new project description stamped received July 11th, 2022,
that I will read into the record.
The project to include the removal of the existing
deteriorated fixed dock and timber ramp and is relocating the
existing 8 'x20' floating dock in the same general location as
existing; construct new four-foot wide by 114-foot long fixed
dock in same general location as existing dock; a new 30" wide
by 14' long aluminum ramp will be installed; and the existing
relocated 81x20' floating dock will be repositioned and
supported with a 4x10" diameter CCA piles. The entire proposed
fix dock will have through-flow decking installed; the existing
deteriorated timber bulkhead will be removed and disposed of.
That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I make a motion for adjournment.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
R tfull su itted y,
ry
Glenn Goldsmith, President
Board of Trustees