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HomeMy WebLinkAboutTR-08/17/2022 Glenn Goldsmith, President o��®F S®(��y®l Town Hall Annex A.Nicholas Krupski,Vice President ® 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly ,c G � Telephone(631) 765-1892 Elizabeth Peeples �® a® Fax(631) 765-6641 �yCOW,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED Minutes SEP 1 5 2022 Wednesday, August 17, 2022 5:30 PM SOUth®ld Town Clerk Present Were Glenn Goldsmith, President A. Nicholas Krupski, Trustee Eric Sepenoski, Trustee Liz Gillooly, Trustee Elizabeth Peeples, Trustee Elizabeth Cantrell, Senior Clerk Typist Lori Hulse, Board Counsel CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE TRUSTEE GOLDSMITH: Good evening, and welcome to our Wednesday, August 17, 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). TRUSTEE GOLDSMITH: We'll start off the meeting by announcing the people on the dais. To my left we have Trustee Sepenoski, Trustee Gillooly and Trustee Peeples. To my right we have attorney for the Trustees Lori Hulse, we have Senior Clerk Typist Elizabeth Cantrell. With us tonight is court stenographer Wayne Galante, and from the Conservation Advisory Council we have Carol Brown. Agendas for tonight's meeting are located out in the hallway and on the Town's website. We do have a number of postponements tonight. They are listed as follows: In the agenda, on page five, 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 On page six, number 3, J.M.O. 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), 3'x20' ramp and 9'x18' floating dock; construct a proposed 5'x81' fixed Board of Trustees 2 August 17, 2022 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 On page seven, number 4, 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 3.5'x12' 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 4'x20' 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 On page nine, number 11, Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' 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 On page nine, number 12, Suffolk Environmental Consulting on behalf of KAAN ILGIN requests a Wetland Permit to mitigate the existing clearing by re-vegetating a 14,257sq.ft. area by installing native plantings throughout the disturbed area, and by preserving 68,134sq.ft. of existing vegetation; install 372 linear feet of fencing along the rear of the existing dwelling to provide a physical demarcation of the upland and wetland areas; for the existing 8'x12' shed; and to maintain a 4' wide access path to the water. Located: 3525 Paradise Point Road, Southold. SCTM# 1000-81-1-15.8 & 15.9 On page ten, numbers 13 through 17: Number 13, 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 14, Jeffrey Patanjo on behalf of ANGELIKI KAZEROS & GEORGE PLITAS requests a Wetland Permit to construct a proposed 4' wide by 193' long fixed catwalk with a 14' long by 3' wide aluminum ramp and a 6' wide by 20' long floating dock situated in an "L" configuration and secured with two (2) 10" diameter piles. Located: 1395 Sleepy Hollow Lane, Southold. SCTM# 1000-78-1-10.20 Number 15, 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 22'x31'; the proposed Board of Trustees 3 August 17, 2022 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 1'4.6'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 Number 16, En-Consultants on behalf of DANIEL McGOVERN & CATHERINE LUCARELLI requests a Wetland Permit to remove existing_ 3'x4.5' 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) 4'x6' 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 17, SLATTERY NASSAU POINT TRUST requests a Wetland Permit to replace the existing 4'x16' set of stairs; 12'x18' deck; and 4'x32' walk; deck and walk are 30" AGL. Located: 460 West Cove Road, Cutchogue. SCTM# 1000-111-2-6 On page 11, numbers 18 through 22: 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) 4'x6' 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 Iodated 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 Ib. 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 Board of Trustees 4 August 17, 2022 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 & 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: 4'x4' at-grade top landing to an 8,2'x9.5' upper platform to 18'x4' steps down to an 8'x3.8' middle platform to 16'x4' steps down to a 19.4'x10' lower platform to 14.5'x4' 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 on page 12, 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 3'x16' 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 All of those are postponed, so there will not be a public hearing on those tonight. 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 application. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I will make a motion to hold our next field inspection on Wednesday, September 7th, 2022, at 8:00 AM. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). II. NEXT TRUSTEE MEETING TRUSTEE GOLDSMITH: Motion to hold our next Trustee meeting Wednesday, September 14th, 2022, at 5:30 PM at the Town Hall Main Meeting Hall. TRUSTEE PEEPLES: Second. Board of Trustees 5 August 17, 2022 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). III. WORK SESSIONS: TRUSTEE GOLDSMITH: I'll make a motion to hold our next work session, Monday, September 12th, 2022, at 5:00 PM, at the Town Hall Annex 2nd floor Executive Board Room; and no Wednesday, September 12th, 2022, at 5:00 PM at the Town Hall Main Meeting Hall. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). IV. MINUTES: TRUSTEE GOLDSMITH: I'll make a motion to approve the Minutes of the July 13, 2022 meeting. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). V. MONTHLY REPORT: TRUSTEE GOLDSMITH: Under Roman numeral V, Monthly Report, the Trustees monthly report for July, 2022, a check for$10,377.85 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 Environmental Quality Reviews: RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section XI Public Hearings section of the Trustee agenda dated Wednesday, August 17, 2022, are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA, as written. That is my motion. Abby Rosmarin & David Ross SCTM# 1000-99-3-4.1 MKS Realty, LLC SCTM# 1000-54-4-20 Kathleen & Lyle Girandola SCTM# 1000-128-6-10 Stephen & Jacqueline Dubon SCTM# 1000-137-4-3.2 Joseph F. & Linda Sciotto SCTM# 1000-126-11-20 Joseph F. Barszczewski, Jr. SCTM# 1000-53-2-7 Board of Trustees 6 August 17, 2022 Gerard & Karen Diffley SCTM# 1000-115-11-14 DKJK Family Trust SCTM# 1000-115-12-13 Gerosa Family Trust SCTM# 1000-21-2-3 Michael &Argy Mantikas SCTM# 1000-37-6-3.5 Charles Snyder SCTM# 1000-35-4-28.24 Kaan Ilgin SCTM# 1000-81-1-15.8 & 15.9 Angeliki Kazeros & George Plitas SCTM# 1000-78-1-10.20 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). VIII. RESOLUTIONS -ADMINISTRATIVE PERMITS: TRUSTEE GOLDSMITH: Under Roman numeral VIII, Resolutions Administrative Permits. In order to simplify our meeting, the Trustees regularly group together applications that are minor or similar in nature. As such, I make a motion to approve as a group Items 2 through 4. Number 2, SAMUEL SINGER requests an Administrative Permit to install an 8' high approximately 4,700 feet long deer fence around an 11 acre open field area. Located: 44030 Route 25, Southold. SCTM# 1000-75-6-6.1 Number 3, VINS KIMBERLY LLC requests a Ten (10) Year Maintenance Permit to hand-cut Common Reed (Phragmites australis) to not less than 12" in height by hand, as needed. Located: 1325 Kimberly Lane, Southold. SCTM# 1000-70-13-20.8 Number 4, SEAVILLE 641 LLC requests an Administrative Permit to remove existing front porch steps and replace stringers, risers &treads with new. Stair location to be maintained. Existing stair layout consist of(8) risers at 7 W high. Stairs are approximately 9'-6" wide and come out T-7" from face of porch; total existing steps area approximately =.77 SF; Related improvements would include stair footing replacement as well as related cosmetic improvements such as new railings; Front Entry Porch and steps 432 SF; Rear Deck: Propose to maintain existing decking & rebuild structure from underneath; existing deck is approximately 52'-6"x 13-9" and has protruding stair landing that is 9'-6"x4'-2". Stairs are approximately 8'-8 x 4'-2". Stair& landing to be removed/relocated; total built area of existing deck, landing & stair= 797 SF; proposed rear deck maintains existing decking & provides for new relocated stairs 8'-3"x 4'-6. Total of 10 risers @ 7" (11" treads) new skirting and new railing; construct new roofed over, screened-in area is to be constructed on top of/part of existing deck; The screened in area on top of the existing decking is within the footprint of the existing deck. The screened space will be open air and unconditioned; Screened in area is 15'-0"x 13'-9" or 203 SF. Located: 1035 Sebastian Cove Road, Mattituck. SCTM# 1000-100-3-11.14 TRUSTEE GILLOOLY: Second. Board of Trustees 7 August 17, 2022 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 1, Thomas'C. Wolpert, P.E., on behalf of JONATHAN REBELL & NOAH LEVINE requests an Administrative Permit to conduct construction activity within 100'from the landward edge of wetlands for the construction of a new 1,786sq.ft. two-story frame dwelling with a 241sq.ft. screen porch, a 497sq.ft. deck with trellis and 69sq.ft. stairs to ground, a 255sq.ft. side porch with 121 sq.ft. stairs to ground, an 800sq.ft. swimming pool; one (1) 8' dia. By 10' effect. Depth discharge drywell for the pool., new I/A sanitary system and removal of existing conventional sewage disposal system. Located: 4790 Blue Horizon Bluffs, Peconic. SCTM# 1000-74-1-35.56 The LWRP found this application to be consistent. Trustee Peeples conducted a field inspection on August 1st, noting the need for gutters to leaders to drywells to contain roof runoff, as well as to move the drywell more than 100 feet from the top of the bluff. As such, I.will make a motion to approve this application with the condition of gutters to leaders to drywells to contain roof runoff, and that the drywell be moved landward of more than 100 feet from the top of bluff. TRUSTEE PE'EPLES: Second. TRUSTEE GOLDSMITH: All in favor? , (ALL AYES). IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: Under Roman numeral IX, Applications for Extensions, Transfers, Administrative Amendments. Similarly, I make a -motion to approve as a group items 1 through 14. They are listed as follows: Number 1, Suffolk Environmental Consulting, Inc., on behalf of STEVEN &JACI OSDOBY requests a One (1) Year Extension to Wetland Permit#9682, as issued on August 19, 2020. Located: 605 Bay Shore Road, Greenport. SCTM# 1000-53-3-8 Number 2, STEPHEN MERKLE & ERIKA SHALETTE request a One (1) Year Extension to Administrative Permit#9692A, as issued on September 16, 2020. Located: 1800 Little Peconic Bay Road, a/k/a 3700 Wunneweta Road, Cutchogue. SCTM# 1000411-14-20 Number 3, Frank W. Uellendahl on behalf of SUSAN &TIMOTHY MILANO requests the Final One (1) Year Extension to Wetland Permit#9519, as issued on August 14, 2019. Located: 745 Aquaview Avenue, East Marion. SCTM# 1000-21-2-9 Number 4, 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 as-built 4'x121.5' dock with 18' long steps and Board of Trustees 8 August 17, 2022 walkway in lieu of the previously approved 4'x105' dock; and 14.5'x22.8' deck over block boathouse. - Located: 1645 Calves Neck Road, Southold. SCTM# 1000-63-7-38 Number 5, 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 Number 6, SCOTT HASSILDINE requests a Transfer of Wetland Permit#1683 from Betty-Jean Hassildine & Others to Scott Hassildine & Others, as issued on September 27, 1983; and for an Administrative Amendment to Wetland Permit#1683 for the as-built 5'x30' wood walkway; 4'6"x22' fixed catwalk. Located: 2800 West Creek Avenue, Cutchogue. SCTM# 1000-110-1-11 Number 7, En-Consultants on behalf of NICOLE MARTORANA & DAVID ALWORTH requests'a Transfer of Wetland Permit#9279 from FHV, LLC to Nicole Martorana & David Alworth, as issued on July 18, 2018. Located: 3400 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-11 Number 8, En-Consultants on behalf of NICOLE MARTORANA & DAVID ALWORTH requests a Transfer of Wetland Permit#9323 from Frank Martorana, Mindy Martorana & Bryan Martorana to Nicole Martorana & David Alworth, as issued on October 17, 2018. Located: 3400 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-11 Number 9, ANTHONY & KAREN DeLORENZO request a Transfer of Wetland Permit#1952 from John Dempsey to Anthony & Karen DeLorenzo, as issued on May 1, 1985 and Amended on August 26, 1992; and for an Administrative Amendment to Wetland Permit #1952 for the as-built 4'x200' catwalk, in lieu of the previously approved 4'x180'. Located: 470 Haywaters Drive, Cutchogue. SCTM# 1000-104-5-21.1 Number 10, Suffolk Environmental Consulting on behalf of JAMES D. &VICKY VAVAS requests an Administrative Amendment to Wetland Permit#9995 to construct a 4'x4' egress window well. Located: 3165 Bay Shore Road, Greenport. SCTM# 1000-53-6-7 Number 11, ADF VENTURES LLC requests an Administrative Amendment to Administrative Permit#10134A to install an 18'x8'x5' "Endless" hot tub, to be recessed 24" below grade within the previously approved 16'x32' bluestone patio. Located: 17877 Soundview Avenue, Southold. SCTM# 1000-51-1-4 Number 12, 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 763" x 163" 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 Number 13, KENNETH QUIGLEY requests an Administrative Amendment to Wetland Permit#9757 for a fixed Dock box 2'-6" x 5'-0" and rinse off station-2'-6" x 2'-6"; the addition of a Board of Trustees 9 August 17, 2022 third ladder on fixed pier (20" wide); increase kayak'launch to Tx 12' in lieu of.previously approved 5'x12'; one (1) -Access Steps Off Catwalk-48"Wide; water and electric; 2 - 12" Pilings (Tie Off Poles)- 24' apart and 12'from fixed Dock. Located: 2245 Little Peconic Bay Lane, Southold. SCTM#: 1000-90-1-16 Number 14, Eugene J. Burger on behalf of IRA & SUSAN AKSELRAD requests an Administrative Amendment to Wetland Permit #9926 to increase first story addition by 2' to 12'x31.2' (311.25sq;ft) in lieu of previously approved; construct a roof deck above the first story addition and extending 46.2 feet from the westerly end of the addition towards the seaward face of the existing dwelling 12' x 27.4' (274 sq.ft.) In lieu of previously approved; extend lower slab on grade terrace 12'x12.5' and relocate existing outdoor cooking equipment. Located: 4125 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-6.4 TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: (ALL AYES). X. MOORINGS/STAKE & PULLEY SYSTEMS. TRUSTEE GOLDSMITH: Under Roman numeral X, I'll make a motion to approve number 1, DYLAN SZCZOTKA requests a Waterfowl/Duck Blind Permit to place a Waterfowl/Duck Blind in Narrow River using public access. Located: Narrow River, Orient TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES).' XI. PUBLIC HEARINGS: TRUSTEE'GOLDSMITH: Under Roman numeral XI, Public Hearings. At this time-I'll make a motion to go off our regular meeting agenda and enter into Public Hearings. TRUSTEE GILLOOLY: 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-GOLDSMITH: Under Wetland & Coastal Erosion Permits, Number 1, Jeffrey Patanjo on behalf of ABBY ROSMARIN &DAVID ROSS requests a Wetland Permit and a Coastal Erosion Permit for the as-built removal of an existing deteriorated 12.3'x17.2' stone patio and deteriorated landscape wall (north side), and replacement with'a new 24.5' x 19' & 13' semi-circle (on west side) on-grade Board of Trustees 10 August 17, 2022 paver patio in same location as previous patio; replacement of north side landscape wall with new±24".tall by 24.5' long paver block landscape wall and added,on an east side a ±24" tall by 19' long landscape wall, and on west side a ±24" tall by 8'1" long landscape wall; and an as-built built-in fire pit; all work is above the top of bluff line and flush with surrounding grade. Located: 640 Lloyd's Lane, Mattituck. SCTM# 1000-99-3-4.1 The LWRP found this to be inconsistent. The inconsistencies are the unpermitted as-built patio and landscape wall cannot be replaced according to Policy 6.3 because they had never received permits in the past. The enlargement of the patio is not recommended. Also, the as-built fire pit was constructed without a permit and is inconsistent with Policy 6.3. The Conservation Advisory Council resolved to not support the application for the as-built located within the Coastal Erosion Hazard Area, which includes 200 square-foot patio. The Trustees conducted a field inspection on August 9th, 2022. At the time we noted the extension for the landscape wall to be moved off the property line, as well as the need for a non-turf buffer. We did receive a new project description stamped received August 10th, 2022. Is there anyone here wishing to speak regarding this application? (No response). Any questions or comments from the Board? (No response). TRUSTEE GOLDSMITH: Hearing none, I'll make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE-GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I'll make a motion, since this was constructed, an illegal. _structure was constructed, reconstructed, without a permit, and is located at or on the bluff, adversely affecting the wetlands, I will make a motion to deny'this application, both the Wetland and Coastal Erosion. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). (UNIDENTIFIED VOICE): I am the applicant. I don't understand the process and my attorney is not here. So I don't know if I'm supposed to -- MS. HULSE: Thank you. TRUSTEE GOLDSMITH: Number 2, Young & Young on behalf of MKS REALTY, LLC requests a Wetland Permit and a Coastal Erosion Permit to construct a two-story 2,445sq.ft. footprint dwelling with garage; a proposed 21'10"x11'9" (253.5sq.ft.) seaward bedroom balcony with railing system; a proposed 10'4"x20'2" (191.7sq.ft.) mezzanine level bedroom balcony, railing system, a privacy screen wall along west side, and a 6' wide spiral staircase to ground; a 1,218.8sq.ft. elevated deck,with a 522sq.ft. pool on seaward side, privacy screening along portion of east side, a 3'9" wide stairs with railings to ground to west and a 3'6" stairs with railings to ground to east; proposed 10' wide bar/grill area on pool deck; seaward of pool to the east off pool patio, a proposed 203.6sq.ft. elevated (ranging from ±7.5' to 10' above natural grade) catwalk leading to a 127.9sq.ft. open air gazebo with flat roof over, 3'6" wide stairs with railings to ground, and 110.6sq.ft. storage area under gazebo; Board of Trustees 11 August 17, 2022 proposed 663sq.ft. of non-pervious front entry stairs; proposed 4,095sq.ft. of stone blend driveway; proposed 1,200 gallon underground propane tank; new I/A OWTS sanitary system, i.e. one (1) 500 gallon wastewater treatment unit and six (6) 8.5' long by 2' effect. Depth sanitary leaching galleys; public water service connection; new storm water control structures for roof runoff and driveway runoff; approximately 690 cubic yards of clean material from the excavated areas will be used to fill the site to the proposed grades; and all mechanical equipment (i.e. A/C unit), to be located above the second-story structure. Located: 1925 North Sea Drive, Southold. SCTM# 1000-54-4-20 The LWRP found this to be inconsistent. The inconsistencies are: The entire parcel is located within the Coastal Erosion Hazard Area. Violates Chapter 111-4. The purpose of the Town of Southold to regulate coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to manmade property, natural protective features and other natural resources, and to protect human life. The entire structure is located within the VE Elevation 13 Flood Zone. VE coastal areas are subject to high-velocity waters, including waves, defined by the 1% annual chance of flood and wave effects three feet or greater. This means that the flood has a 1% chance of being met or exceeded in any given year. The parcel and any development on the parcel will be adversely impacted by Categories 1 through 4 hurricanes. The parcel will be adversely impacted by sea level rise over time. The proposed actions are located entirely within the Coastal Erosion Hazard Area and the primary dune and natural protective feature. And a site visit of this area was conducted on October 17th, 2007. In attendance at the site visit, among others, were representatives of the Town of Southold Board of Trustees, the LWRP Coordinator Mark Terry, and New York State DEC Environment Program Specialist, Robert McDonough, which confirmed that the proposed actions are entirely located seaward of the Coastal Erosion Hazard Area line and was in a primary dune. This determination still applies. The Conservation Advisory Council resolved to not support the application. The proposed setbacks are too close to the wetland boundary within the primary and secondary dune, and within a flood zone. This is an environmentally sensitive area, and any development of this property would deplete the natural habitat. The Trustees conducted a field inspection on August 9th, noting that the proposed plans for the site include a crested structure on a site with a primary dune, exceeding the pier line of adjacent properties. We do have a number of letters in the file here against the project: one from Carolyn Yates, one from Lynn Normandia, one from Richard Byrd. So all those are part of the file. They have been read and reviewed by the Trustees. Is there anyone here wishing to speak regarding this Board of Trustees 12 August 17, 2022 application? MR. WOLPERT: For the applicant. Good evening, Members of the Board and staff. Welcome to the new members that I have not met before, but my name is Thomas Wolpert, I'm a civil engineer with Young & Young of Riverhead, and we are representing the applicant. With me this evening is my business partner Doug Adams. He's not only a licensed professional engineer but also a licensed professional geologist. The project architects are here, Ed Licalzi and his associate AJ Doucet, and they are from the CMA Group of Hauppauge. They designed the proposed house. Also present is the applicant and property owner, Tony and Markella Vournou, as well as their children. I think they are probably in a state of shock right now and would like an opportunity to address the Board at a later time this evening. Just a brief background and project description. This is, the subject property is a vacant lot with an area of 1.35 acres, a little over an acre and a third. It's located at 1925 North Sea Drive in Southold, bounded on the north by the Long Island Sound. The project generally consists of constructing a two-family house and garage together with the associated site improvements, including public water supply and sewage disposal system which would be the new nitrogen reducing IA/OWTS. The property is zoned residential R40 and with the required architectural drawings that we submitted and are in the file, the architect did a very comprehensive and detailed zoning analysis, showing that this is a no-variance plan with respect to the zoning requirements: Side yards, front yard, lot size, lot width, lot depth, lot coverage and building height and number of stories. We started this process on or about November 12th of 2021. The hearing sign was posted. The proposed structures were all staked in time for inspection by the Trustees' visit on August 9th. With regard to other permits and approvals, we do have a pending application with New York State DEC. They came back to us with some minor comments which we are in the process of addressing. We also have a pending application with the Suffolk County Health Department, and again, some minor comments that we are in the process of addressing. That completes my brief presentation. I hope I was within the five-minutes suggested limit, and at this time I would like Mr. Ed Licalzi to come up and present the architectural design so that the Board has a better understanding of what the Vournou's are trying to accomplish here. Thank you. (Trustee Krupski is now in attendance). MR. LICALZI: Good evening, Members of the Trustee Board. Ed Licalzi from HSR Engineering. TRUSTEE GOLDSMITH: Excuse me, one second. Anybody wishing to Board of Trustees 13 August 17, 2022 speak just please spell your last name for the stenographer. MR. LICALZI: Sure. L-1-C-A-L-Z-I, 6500 Jericho Turnpike, Syosset, New York. - TRUSTEE GOLDSMITH: Sorry to interrupt you one more time. For the record, Trustee Krupski is now in attendance. MR. LICALZI: Members of the Board, if you would like, I could just put out a display of some of the renderings that we brought with us this evening. We thought might be helpful. Also if there are any comments for or against the application, it might be easier to represent that way. TRUSTEE SEPENOSKI: It might also be beneficial at some point to reverse the images so the audience can see as well. MR. LICALZI: Sure. This represents the actual front elevation proposed. TRUSTEE GOLDSMITH: Sir, I'm sorry to interrupt you. Please address it to the Board. MR. LICALZI: Sorry. In our first rendering we are showing the house, obviously facing the south, but obviously viewing the Sound on the north side. The house is constructed with a living room, living area to the right, an entrance foyer here to the center, and a master bedroom located up a little higher on a mezzanine level to the far left. The balcony is shown here in the rendering as well. Front entrance, walkway and driveway, are shown also. This rendering is a view of the west, from the west. It shows the master bedroom area here. You can see the entrance driveway coming off of North Sea Drive, the entrance to the house, and a view of the catwalk in the distance that is proposed out toward the beach. The rear elevation of the house is basically glass throughout the whole rear elevation. You can see that. This is obviously facing the north. There is a swimming pool in the foreground, obviously cascading over the wall at the negative edge on the pool. You see the master bedroom here facing the water. Last would be the east view of the right-side elevation of the home, depicting the pool here, the Long Island Sound here, and the natural estuary that exists out in the beach area. The walkway entrance to the house. North Sea Drive here. That being all the renderings that we have for you this evening, I was wondering if you have any questions I maybe could answer. TRUSTEE GOLDSMITH: No. I appreciate the architectural design and everything. Our concerns are more environmental. So while I appreciate the effort that you put into this, we have some bigger issues concerning the environment, not necessarily the look of the house. So I don't know if Mr. Wolpert means to address that more so. First, in,proximity to the pier line, this whole structure is proposed seaward of the pier line and adjacent homes. As currently proposed, it will have an adverse.effect on the Board of Trustees 14 August 17, 2022 wetlands in the Town. It's located in a primary dune. It's also subject to flood damage, which can also affect the health, safety and general welfare of the people of Southold Town. It's also.going to affect the esthetic value of the wetlands and, adjacent areas. It will affect the natural habitat of wildlife. So while I appreciate the effort on this, that is the bigger concern, and I believe that's also the concern of the majority of the people here in this audience, and that's what we as a Board need'to address, the environmental impact, where right now as proposed it will have a severe environmental impact, in our opinion. So you'll have some work to do on this application before we can move forward. MR. LICALZI: I would also like to make a comment, if you don't mind. We just learned of the term "pier line," something we didn't notice in the code at all, actually. TRUSTEE GOLDSMITH: It's actually in Chapter 275-11(a)(3). New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and on either side of the subject lot. MR. LICALZI: Okay, .thank you. TRUSTEE GOLDSMITH: Thank you. At this time I'll ask Elizabeth to pull up a picture we .took today, a drone photo, that shows an aerial view of where the proposed home is to be located. So it's apparently very clear that it is seaward of all the adjacent houses in that neighborhood. Mr. Wolpert, seeing as everything that we just stated would affect the environment and all the reasons why this is in violation currently, would you wish to table to come up with a new plan to address all those concerns? MR. WOLPERT: Yes, certainly, we would want to consult with the client and his architect and come back with -- TRUSTEE GOLDSMITH: So I appreciate that, because we have a packed house here tonight, and I'm sure they are all of the same mind, and I don't want to waste people's time about looking at this application that Will not be the final product which we vote on. If you want us to vote on what is before us right now MR. WOLPERT: We do not want you to vote. TRUSTEE GOLDSMITH: I did not think so. So, hearing that, and knowing that this will be tabled for another month, is there anyone else here wishing to speak regarding this application? And I'll preface that by saying what is in front of you and what has been proposed is not what we will ultimately vote on, so if your concerns are as it is.currently laid out, I would ask you to hold your comments until a later date when we do have a final set of plans that's ready for voting. MR. BOMBARA: Robert Bombara, I'm the owner of 1725 North Sea Drive, Southold, and I hate for these people to go through what Board of Trustees 15 August 17, 2022 I had to go through. Nine years to get the permit. But, as a result of that, it was clearly established, and you set a precedent. No part of this premises should exceed past what I was allowed to build. And that will stay in the line. And if it meets that criteria, I have no objection to what they build. But, they cannot exceed what we call, it's the DEC line or as Mr. Wolpert knows, because he was my surveyor at the time as well, The Herrmann line. Set by Robert Herrmann of the New York State DEC. Set it down, and we could not go one inch past that line. As long as this building is here -- MS. HULSE: Sir, the Trustees have already recognized that and made that part of the record. So you are reiterating what they already put on the record. But I understand your point tremendously. MR. BOMBARA: Thank you. TRUSTEE GOLDSMITH: Thank you, sir. Is there anyone else who wishes to speak to this application? MR. VOURNOU: How are you doing, Board. Nice to meet you. My name is Tony Vournou, this is my wife Markella. This is not what I expected this evening. We are not here to disappoint any neighbors or anything like that. Our dream is to have a beach house, and we were very fortunate to pick up this property. I think the neighborhood is stellar. It's beautiful. We walked around and met some of the people here already, and at the time we walked around, we asked some questions, and I didn't see this coming at all this evening. So I'm a little upset, but, um, we are not looking to make enemies here. Once we do the drawings and do it, if we have to meet internally with the people, we have no problem. We are here to please. We don't want to build a house and have people throw rocks at our house. You know, we want our kids to play with the people's kids in the neighborhood, play with the grandchildren. And this house, we'll put a first-floor bedroom and an elevator in it because I plan to die looking at the Long Island Sound. So, that's the truth. We are not looking -- MS. HULSE: Sir, I know your neighbors are here and you wish to address them but this is really the Board's time. So if you wish to address the Board about anything in particular, I think your representative has already indicated he wishes to table it. So if you could address your comments specific to the Board's concerns. MR. VOURNOU: Yes. So my background, I went to school for architecture. I'm a contractor. I respect, obviously, the DEC and code. You know, I restored Theodore Roosevelt's house. I restored the old courthouse in Mineola. I'm very familiar with preserving land, protecting water, and trying not to change any of it. That's all. I don't know. Markella, do you want to say anything? My wife Markella grew up in Mattituck for the most part, every summer. So, I want to make my wife happy. Happy wife, happy life. We all know that. So. Board of Trustees 16 August 17, 2022 TRUSTEE GOLDSMITH: As you stated, with familiarity with code, the two codes that pretty much control what this Board does are Chapter 275 and Chapter.111. So if you make yourself familiar with that, you can see where we stand and where the obstacles are. MR. VOURNOU: I understand. We'll address everything. And we'll get it done together. TRUSTEE GOLDSMITH: Okay, thank you, sir. MR. VOURNOU: Thank you, very much. Nice meeting you all, Hope to see you next,time under better circumstances. TRUSTEE GOLDSMITH: Yes, sir. MS. HARRISON: Good evening, Trustees, I'm Louise Harrison. I'm a conservation biologist. I work for Save The Sound but I'm representing myself tonight. I live in Peconic, and none of my comments have anything to do with the organization I work for. I have worked for the Department of State, so I'm familiar with coastal consistency. I agree with the LWRP review tonight, and I know that my comments need to be restricted to helpful suggestions, and not to reiterate what you have already discussed and have put before us this evening. It appears to me the applicant has put a great deal of resources into this application in the form of architecture and legal representation, but I would suggest some strong environmental credentials be added to their application. It's not sufficient in any application to be dismissive of the landscape and just describe it as grass and brush. Plants have names and species, and any credible application should be able to note not only the names of the species, but the kind of habitat that will be removed. And in a short, quick, eyeballing of the property yesterday, from the road, I was able to note post oak, black oak, eastern red cedar, bayberry, black cherry, .black locust, American beach grass and beach plum. And some of those, including the black cherry and eastern red cedar, are ancient organisms that have been on that site for probably a couple hundred years; stout and twisted and have moved with the wind in a very, very tough environment for plants to live. And what they constitute is a, as you well know, a dunal community. But they also have habitat connectivity to the habitat to the south, right across North Sea Drive, which as you all know is an inter-dunal swale that has its own habitat characteristics that are worth saving. And so, in favor of habitat contiguity, something to think about, where you have Long Island Sound crossing -- you have habitat that crosses from Long Island Sound, across a beach, across a primary dune, through a dune community, quick hop across North Sea Drive, which gets barely no traffic, and into an inter-dunal swale, that is something in and of itself worth preserving. So if this application has to go forward in some way and can be reduced in some manner of size, I would suggest that you ask for some preservation of the habitat corridor that reaches Board of Trustees 17 August 17, 2022 from Long Island Sound south to, into the inter-dunal swale, that could be preserved through construction and in perpetuity. Also, the amount of glass on this structure was alarming. Any amount of glass like that should include bird-friendly panes of glass so we can avoid bird strikes. And the last thing I want to say to you this evening, Trustees, is in spite of your tremendous workload, I hope you can start to take a proactive stance towards our remaining open space in Southold. And I began identifying areas that you can suggest for the Community Preservation Fund. This is the last access point through the dunes in that beach area, and it would have been perfect for the Town to own it. So please think about that going forward, maybe put a little extra time into identifying some more future open space for us. And I thank you for your time this evening. TRUSTEE GOLDSMITH: Thank you. TRUSTEE KRUPSKI: I would say the Board does put quite a bit of extra time into trying to preserve the Town of Southold, and we, the Town in general is a little short on funds, so we are always looking for donations if you would like to help us out. But also to that point, I do think it would be most appropriate if you look at the satellite photos, if you go survey the site and the area, certainly this whole property would have to be a non-disturbance area outside of the building envelope, or even the building and then once the structure is done, close it in up into the house. It's a primary dune and the majority of the lot should remain one after construction. MR. LICALZI: Can I respond very quickly? TRUSTEE GOLDSMITH: One moment. Sir? DR. BURRASCANO: Thank you, Trustees. I'm Dr. Joseph Burrascano, I'm a year-round, full-time resident of North Sea Drive and Southold. Basically I wrote up a whole summary using Town Code as a reference, and basically I'm not saying anything differently from what you said already, but in light of the environmental concerns, you know, part of the concern that I had, if a structure is to be built at all, is the entire structure as proposed is within Zone VE. VE, for those who don't know, is a flood zone. And the property is divided along parallel to North Sea Drive by a boundary between the A Zone and the V Zone. A Zone means possibility of damage from high water. V means damage including structural damage, from wave action. And we know that's your job. Paragraph 148, Section 2, about considering things that materials that might be swept onto other lands. In fact, the definition of a VE Zone is potential for structural damage due to wave action with the possibility of spreading debris along the beach into the water and into adjoining properties. So that we have already established. However, looking at the property, even if this were shrunk and put completely behind the V Line, into the A Zone, where the other houses are, by the Board of Trustees 18 August 17, 2022 way, you know, just looking at the. property, I'm seeing the entire structure in the VE Zone, all of the decking and stair access points, an inground pool and all the pool mechanicals, a full-size house with elevator, gazebo, storage area and boardwalk far in the VE Zone; a 1,200-gallon propane tank buried in the VE zone. I encountered five drywells in the VE zone. And in fact one half of the entire septic system is in the VE Zone. Now, of course maybe we can push this back into the A Zone, but in light of disturbing the environment, how can you put a pool, decking, house, sewer, buried tanks, drywells, a 4,000 square-foot driveway, and not disturb what is left? There's got to be some access that is totally undisturbed, and whether you say, well, I'm not going to put up fences, and by the way, on either side of the house is proposed concrete retaining walls, also in the VE Zone, and fill added also in the V zone, so -- TRUSTEE GOLDSMITH: I apologize for interrupting you, sir, but, again, what you are commenting on will not be in the final product, so I ask you to reserve -- DR. BURRASCANO: Okay. Even if it's back in the A Zone, all this structure, it's going to be a massive damage to the environment, and to the natural nature of that piece of land. So I don't think anything should be built there. TRUSTEE GOLDSMITH: Thank you. MS. VITTI: Good evening, Trustees. My name is'lrene Vitti. I'm the owner of 1930 North Sea Drive, which is the swale area that one of the speakers referred to, immediately adjacent but across. the street from the subject parcel. Thank you, for bringing this matter to the attention of the community, and for hearing so much as you-can tonight. I have had very little time to review this proposal. I only received it over the weekend, but here are my initial impressions. I find that the applicant's plans are quite honestly shocking. I inspected the'site yesterday. I can barely catch my breath. I'm very familiar with it because I've lived across-the street for 25 years. I've gazed on it, I've walked through it. I've observed the vegetation and the wildlife that is there. And I will not repeat what others have already said, but just to add to the concerns that I have. I think it was mentioned that there was a risk of contamination to the groundwater, but let me elaborate that when they eventually landscape whatever they build there, there will be discharge of herbicides, pesticides and,fertilizers, used to maintain the landscape. Now, I know that your.instructions or the instructions of the Zoning Board or the Building Department are not to do that, but we all know that it happens nevertheless. We have some endangered, threatened and protected species that live there. I have seen them. Regularly. I'll just name them: Piping Plovers; Eastern Box Turtles and Red Foxes. The likelihood of them returning after that site is disturbed, there is none. They will not come back. I have seen it in parcel after Board of Trustees 19 August 17, 2022 parcel that has been developed on this stretch of waterfront. The existing vegetation, somebody spoke to quite well, but let me add to that, there are native grasses, beach plums, which also native, and roses. Some.of which are native, as you know. And then I think the thing that impacts all of us, whether we live there or not, is that it will result in loss of open space. A beautiful vista. Stunning vista. And it will add to the blight that we are now facing of light pollution by putting another structure along that strand of beach: So I only had a short time, as I said. I would like permission to submit further written comments, whether to this meeting or further meeting, but I would like to introduce Ms. Martha Reichert. She.is a land use expert who I engaged only .yesterday because I had so little time, but I was so deeply concerned that I thought it was worth well to have an expert speak. And she will further elaborate. TRUSTEE GOLDSMITH: Just again, to reiterate, we have spoken about the environmental impacts. We have instructed the applicant that they have a lot of homework to do. So what we are commenting on at this point is premature because they definitely have to go back to the drawing board to address the comments that everybody has already spoken about, as well as-the Board. So -= MS. VITTI: Well, I assure you she will be brief and it's merely to lay a foundation as well. MS. REICHERT: Thankyou, Members of the Board. My name is Martha Reichert, I'm with the law firm of Twomey Latham, located at 33 West Second Street, Riverhead. I'll keep my comments very brief because I understand this won't be the application that will be decided upon. But I think in addition to concurring with the findings that this is not consistent with the LWRP, it's not consistent with the standards for the issuance of a permit under Chapters 111 and 275. One of the elements of the application that I didn't really see addressed in any of the reports, but I think is important for this Board to discuss and for the applicant to consider as it revises its plans,r is the amount of fill that was proposed. One of the drawings shows the limit of the fill extending very far seaward and so the applicant has proposed, they've represented on the application that they are going to reuse fill from excavated parts of the property during construction, but I still think that the impact of (a), mining, or digging nearly 700 cubic yards of primary dune sand is concerning, and then redistributing it across the property on an area as widespread as they are currently depicting also has serious environmental concerns. So I would hope that the applicant can find a way to minimize that site disturbance, especially to the primary dune. And I'll limit my comments just to that for right now. TRUSTEE GOLDSMITH: Thank you. Before we go in, Mr. Wolpert, I think potentially it would be a good idea to schedule a - pre-submission for our next field inspection so we can address. Board of Trustees 20 August 17, 2022 the concerns that the Board has as well as the public has brought up out in the field and meet in the field. MS. VOURNOU: Hi. Markella Vournou. I'm sorry, I was a little shell-shocked when I came in and my husband came in. As he said, my grandfather built a house in Mattituck in 1965. 1 have been summering here my whole life. I love the north fork. I want to preserve the integrity of the north fork. And I understand my neighbors have environmental concerns, but I also realize that when they built their homes that some trees had to be plucked, birds were relocated. Even, you know, birds who were endangered. And we deserve to be here as much as anybody else. We love nature, and if we didn't, we wouldn't be spending all these resources here in the north fork. We would be in Manhattan or some other busy city. We want to be here because we love the north fork, we love what it represents. And we are just good, family people, we are not trying to step on anybody's feathers. We don't, you know, want to build this crazy monstrosity to stress people out and uproot the values of the community. I just wanted to say that. TRUSTEE KRUPSKI: Thank you. TRUSTEE PEEPLES: Thank you. TRUSTEE GILLOOLY:_Thank you. TRUSTEE GOLDSMITH: As we mentioned, we'll meet with your expediter out in the field for a pre-submission. You guys are more than welcome to be there as well to hear our concerns and discuss. MR. MASTRO: Louis Mastro. MS. MASTRO: Elizabeth Mastro. MR. MASTRO: We live at 2025 North Sea Drive. MS. MASTRO: We are neighbors to them. MR. MASTRO: We are on the east end border of the project. I just want to point out, make a note about the history of the area. We have been coming out since 1961, and 20 years ago we had such bad erosion along North Sea Drive. It was created by the engineers, army engineers, saying it was the jetty that was causing it. And they wanted to take half of it away so the migrating sand would come down. 20 years ago we had such bad erosion along all North Sea Drive. People were putting boulders out, putting plants in, and trying to stop this nature from just taking away the property. Now you look.at the surveys, it's.two-years old. The high tide mark looks good, 300 feet from the street. But it was not that. I used to be able to, from the street, throw a rock into the water. That's how close the water was 20 years ago. And a storm, a hurricane, nor'easter could take that away. And also I want to point out that being so familiar with the area, there is a berm in the front and then the property, the sand goes down. So the elevation of sand is much lower than it was 20 years ago.,Much lower. The storms come over the berm and then floods out there and it kills the sea grass when that happens. Board of Trustees 21 August 17, 2022 So I know things change and erosion happens, but I think it's all, even in your interest, to -- TRUSTEE GOLDSMITH: You need to address the Board, please. MS. MASTRO: Our concern is we have the little house right there, and the way this house is going to come up, we are going to see nothing but a house. I'm sorry -- TRUSTEE GOLDSMITH: Ma'am, you need to address the Board. MS. HULSE: Your comments have to be addressed only to the Board. It can't be back out to the audience. One person has to speak at a time because the stenographer is taking the Minutes. So one or the other is fine. So if you can continue. . MS. MASTRO: So the only concern that we have, we met the owners, I mean, they can build whatever they want. They purchased the property, it was for'sale for everyone to buy. They bought it and of course they are going through hell. And we wish them luck and I hope they get a house. But how big of a scale, we really don't mind, as long as it's not past our property. Because in the bedroom the only thing we are going to see is a wall of a house and nothing else. That's the only thing. TRUSTEE KRUPSKI: Thank you. That's what we already discussed with the applicant. Thank you. MS. MASTRO: Because we are right next door. Thank you. TRUSTEE GOLDSMITH: Is there anyone else wishing to speak regarding this application? MR. VERNI: Michael Verni. I'm at 2125 North Sea Drive, two houses away from the applicant's property. Um, basically the same thing. You know, I'm a more visceral person. Don't ask for intellect from this body. But we've been coming out here to that particular house since 1964, since I was a little kid. I'm 66-years old now. And I purchased my house 30 years ago from my friend who's the guitar player for Cindi Lauper, we played in the music business together. And I had the opportunity to purchase it as a vacation home. And I'm blessed to now be semi-retired and living here full-time. However, I believe it's very possible that due to a misunderstanding on either the architect's part or whatever, where the house is placed is more of a problem than anything else. Again, size, listen, you could build the Taj Mahal,-shoot for the moon, get what you can, I get it. But when I can't even put a kiddy pool in for my six-year old son on the side of my house because the DEC line is right behind my house, and I can't put anything back there. This cannot stand. Because I can't put up a shed, I can't put up anything. Even to hold my kid's toys. My kid's toys are all outside. It just can't stand. However, like I said, I believe that if the applicant was to move the proposed building back or possibly scale it down, I don't think we would have a problem. As a matter of fact, I love ultra-modern. Most people don't. I just don't have the money. to build it. So have at it, bring all the specs up, everything would be beautiful. TRUSTEE GOLDSMITH: Thank you, sir. Board of Trustees 22 August 17, 2022 TRUSTEE GILLOOLY: Thank you. TRUSTEE GOLDSMITH: Anyone else here wish to speak regarding this application? (No response). TRUSTEE GOLDSMITH: Any other questions or comments from the Board? (Negative response). TRUSTEE GOLDSMITH: Hearing none, I make a motion to table this application. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? TRUSTEE KRUPSKI: I recuse myself from the vote. (Trustees Goldsmith, Sepenoski, Gillooly and Peeples, vote aye) (Trustee Krupski, recused). TRUSTEE KRUPSKI: . As everyone leaves, if you can understand, we have another ten public hearings, so if you can exit the building before conversing with your neighbors, we would appreciate it.'Thank you. MS. HULSE: Make a note that Trustee Krupski requested to recuse himself because he was not present for the entire meeting. WETLAND PERMITS: TRUSTEE SEPENOSKI: Number one under Wetland Permits, Young & Young on behalf of KATHLEEN & LYLE GIRANDOLA requests a Wetland Permit to demolish and remove existing 1-1/2 story dwelling, remove a portion of existing driveway, and abandon existing sanitary system; construct a new two-story dwelling with a 1,577sq.ft. footprint, a 144sq.ft. front porch, a 344sq.ft. covered rear patio, and a 40sq.ft rear balcony; renovate existing 442sq.ft garage; remove a portion of existing driveway for a 3,240sq.ft. driveway; abandon or remove existing cesspool and install a new IA/OWTS system consisting of one (1) 600 gallon treatment unit and two (2) sanitary leaching pools; install underground electric service and public water service; install gutter to leaders to drywells to contain roof and driveway runoff. Located: ,3040 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-128-6-10 The Trustees most recently visited the site on 8/9/22, and the notes from that inspection read: Need to show adjacent houses for pier line. The LWRP found the application to be consistent, and noted it is recommended the setback from the structure to the bulkhead be shown. Note that the property would be most impacted by Category 4 hurricanes. The Conservation Advisory Council resolved to support the application. There seems to-be some inconsistency with the language here of support. It says the Conservation Advisory Council does not support the application because the proposed setbacks are not compliant with Chapter 275 of the Town Code, and there is room to move the structures further landward. Board of Trustees 23 August 17, 2022 The Trustees are in.receipt of new plans stamped August 17th, 2022, which address both Conservation Advisory Council and LWRP concerns. Is there anyone here who wishes to speak regarding this application? MR. WOLPERT: Thomas Wolpert, Engineer with Young & Young of Riverhead, representing the applicant Lyle and Kathleen Girandola, who are also here tonight. And if there are any questions of them, I'm sure that would be happy to get up and speak. In way of the project background and description, the subject property is a 26,710 square-foot parcel with an existing one-and-one-half story frame house and a garage. Detached. garage. The project generally consists of demolishing the existing one-and-one-half story house and replacing it not in the same footprint but actually further landward than the existing footprint, with a two-story house. We initiated this application on or about November 15th of 2021, and as the Trustee stated, we did deliver two revised building permit surveys which showed the relocation of the proposed two-story frame house to respect the pier line. And as far as other permits and approvals, we were issued a New York State DEC tidal wetlands, well, I'm sorry, letter of no jurisdiction from the Tidal Wetlands Act, because all of the proposed activities were landward of the ten-foot elevation contour. Part of this process involved an application and approval from the Town of Southold Zoning Board of Appeals for side yard setbacks. I think we are actually improving the side yard setbacks over the existing structure. We do have a pending application with the Suffolk County Department of Health, and of course the proposed method of water supply is by connection to the existing Suffolk County Water Authority main on Peconic Bay Boulevard. And we are proposing the new Innovative Alternative Onsite Wastewater Treatment System. So that completes my five-minute presentation, and anyone who has any questions of either me or the owner/applicant, we would be happy to accept. TRUSTEE KRUPSKI: Thank you. TRUSTEE SEPENOSKI: Anyone else wish 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 PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: I'll make a motion to approve this application with new plans stamped August 17th, 2022. TRUSTEE KRUPSKI: Second. Board of Trustees 24 August 17, 2022 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 2, Young &Young on behalf of STEPHEN & JACQUELINE DUBON requests a Wetland Permit for the existing 1,118sq.ft. one-.story dwelling and for the demolition and removal of certain existing structures (project meets Town Code definition of demolition), within and outside of the existing dwelling to facilitate construction of the proposed additions and alterations consisting of a proposed 45sq.ft. addition to northeast corner, and a 90sq.ft. addition to southeast corner for a 1,,195sq.ft. total footprint after additions; construct a 1,195sq.ft. second story addition; a 70sq.ft. second-story balcony; replace and expand existing easterly.deck with a 320sq.ft. deck with 69sq.ft. of deck stairs to ground; replace and expand existing porch with a 40sq.ft. porch and 20sq.ft. porch stairs to ground; install one (1) new drywell for roof runoff; abandon two (2) existing cesspools and install a new IA/OWTS system consisting of one (1) 500-gallon treatment unit and 46 linear feet of graveless absorption trenches and for the existing 84sq.ft. shed. Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2 The LWRP reviewed this application and found it to be consistent. They did note to clarify the use and ownership of the right-of-way where the sanitary system and wall are proposed. The right-of-way connects to Stillwater Road. The Trustees most recently visited the site on August 9th, noting that we would like to see the septic and wall outside of wetland boundary, and that it needs to have a non-turf buffer added to the project. Is there anyone here wishing to speak regarding this application? MR. WOLPERT: Yes. Thomas Wolpert, with Young & Young of Riverhead, representing the applicant Stephen Dubon and Jacqueline Dubon, who are also here. And again, I'm sure they would be happy to answer any questions that the Board may have. The subject property is an 11,320 square-foot parcel on Stillwater Avenue. It's bounded on the south by Indian Creek, and the project generally consists of adding two small first-floor additions and a second story to the existing one-story house. The New York State DEC issued a tidal wetlands permit for this project on May 23rd of this year. We had a pending application with the Suffolk County Health Department for construction of water and sewer. Water will be by way of connection to the existing Suffolk County Water Authority main on Stillwater Avenue, and the sewage disposal,will bean IA/OWTS.. That's all I have. . I don't quite understand the concerns of the Board with regard to placement of the small stone retaining wall and leaching trenches within the wetland boundary because according Board of Trustees 25 August 17, 2022 to our survey the wetland boundary is at least 60 or 70 feet I'll say east of--sorry, I get my directions mixed up. At least 60 to 70 feet away from the end of those two proposed leaching trenches. So I don't quite understand that. There is an overgrown area that when we staked the proposed sanitary leaching trench for inspection by the Trustees, it did appear in some of the overgrown area, but we did not identify that as a wetland. So I'm not sure how we can resolve that difference of opinion. And I'm open to suggestions. TRUSTEE GILLOOLY: Thank you. Any comments from the Board? TRUSTEE KRUPSKI: Well, I have two questions. One would be a concern with the location of the wetland. And the other question, which I'll ask first, is I believe that area to be a right-of-way for the neighborhood, and this seems to cross over the right-of-way. So could you speak to that first? MR. WOLPERT: Yes. The right-of-way that we show on the building permit survey, it does appear that the leaching trenches and the future expansion reserve area are within that right-of-way, however, I'm not sure where the concern is because those are underground structures and would not impede the flow of the pedestrian traffic. Even if this area were cleared. But as I understand it, and the Dubon's could probably speak to that better than me, I believe they walk across their property now, the people that want to get to the water. So they are not even traversing that right-of-way. But again, the proposed structures are underground, nobody would even know they are there. So I'm not sure there is any restriction on placing underground structures in that right-of-way. TRUSTEE KRUPSKI: What about the retaining wall? MR. WOLPERT: The retaining wall is just a very small stone retaining wall to hold back some of the fill so that we can achieve compliance with Health Department. TRUSTEE KRUPSKI: Just for clarification, how high is a "small retaining wall,"for the record? MR. WOLPERT: One to two foot. TRUSTEE KRUPSKI: One to two feet? MR.-WOLPERT: Yes. TRUSTEE KRUPSKI: Just at a glance, someone trying to traverse down there with a Sunfish or a kayak or a paddle board is going to have a problem with a one to two-foot wall on the right-of-way. MR. WOLPERT: The issues that we had in laying out this sanitary design, we are extremely limited by the lot. TRUSTEE KRUPSKI: I understand that. MR. WOLPERT: And the adjacent Eugene Creek, in fact we sought and received a variance from the DEC to place the structures where we have them. So I just don't see room elsewhere on the site where we are retaining the existing footprint of the house so we don't have the opportunity to move the house. So we are very limited as to where we can place these leaching trenches. TRUSTEE KRUPSKI: So one of the problems for us is that everyone that has legal access to that right-of-way would have to be on Board,of Trustees 26 August 17, 2022 board with the project. We can't approve something in a right-of-way without the participation of all the residents. MR. WOLPERT: What is the mechanism for obtaining that authorization? MS. HULSE: You can get it in writing from them. They.can submit that to the Board directly or you can submit it yourself, but there has to be some authorization. MR. WOLPERT: Who has a list of the -- TRUSTEE KRUPSKI: I certainly don't. MR. DUBON: We can get them. MR. WOLPERT: Okay. TRUSTEE KRUPSKI: And then my second question is, I'm very familiar with this neighborhood, and I would dispute that wetland line. Up until about a year or two ago there's quite a bit of Baccharis, which I would say would indicate a high tide, you know, an upland marsh area. l would like to see, and I understand this is a difficult lot. I understand that it is hard to place material because it is small and, but I would appreciate it being pulled out of that low-lying area, if possible. MR. WOLPERT: The leaching trenches? TRUSTEE KRUPSKI: Yes, that's correct. MR. WOLPERT: Do you have a suggestion on where we might place them? TRUSTEE KRUPSKI: I understand it's a difficult lot. I .unfortunately don't. But-- TRUSTEE GILLOOLY: I do think that there is an opportunity maybe to turn it and to go underneath the deck expansion that is planned or in the front yard. I mean, we do appreciate the IA system and we, you know, like that you are doing that, and we understand -- MR. WOLPERT: I appreciate your appreciation. TRUSTEE GILLOOLY: But, yes. Unfortunately -- MR. WOLPERT: The Health Department would never allow us to put leaching trenches under a deck. So this is literally what we thought of was the optimum spot for it, but maybe, Trustee Krupski, we could somehow reconcile the actual wetland boundary a little bit better. (.don't know how quite to do that unless we hire an environmental consultant. TRUSTEE GILLOOLY: Is there anyone else here wishing to speak regarding this application? MR. WOLPERT: This is my business partner Doug Adams, he's a licensed professional engineer and also a professional geologist MR. ADAMS: Doug Adams, Young &Young. Just to address a couple of comments you made. We are looking to the right-of-way and what limitations are set by, you know, the stuff as proposed that we have here, we'll see what's in the title of the property. So we'll find out what the exact language is in the deed regarding this right-of-way and also find out who else has rights to that right-of-way. Regarding the wall, the short wall that we have there, it Board of Trustees 27 August 17, 2022 is only on the one half of the right-of-way that this property is encumbered by, and it doesn't cross,the whole thing. So there would be ways to direct pedestrian traffic around it, or some sort of similar type of masonry step to get up it, to just walk straight across it. I just wanted to deliver that note about how we can traverse this impediment. TRUSTEE GILLOOLY: Thank you. MR. ADAMS: And also, I'm sorry, on the delineation of the Young & Young tidal wetland as you, it's kind of a tricky, subjective thing. TRUSTEE KRUPSKI: I can appreciate that. MR. ADAMS: And I was actually there today and even though it was high tide in the water; it was past where we delineate it, but it's also if you look at the tide charts and the history of the tide tables, it's an exceptionally high tide, it happens to be today for whatever reason. But the vegetation, as you mentioned, is different above where we have'it. So I think we have to coordinate on how we can get a better line put in. But I don't believe at the end of the one leaching field that we have there is a couple feet into that brush that is actually wetland, so. But we can look at reconfiguring the stuff to get it a little further away`as we can, considering it's a bad kind of geometric shape and get them in as well, and doing an IA system, so we did note that the leach agent that is in those is dramatically less than a regular system, so. TRUSTEE KRUPSKI: Thank you. TRUSTEE PEEPLES: Thank you. TRUSTEE GILLOOLY: Thank you. Any other questions or comments? MR. DUBON: Hi. Stephen Dubon. I'm the applicant. I just wanted. to address the actual right-of-way. I don't believe any part of that is on my property. I believe it's all north of the property through that brush area, and we just allowed for, because we are north forkers for 20-something years, my brother owned the property, and we have.been there for six years, people to traverse through our yard.And we'll allow that forever, but if, you know, you look at some of the descriptions that this came from Southold Town, so the right-of-way is well north of the property line. So it's not actually just where it's mowed on my lawn. It's inside the brush, but nobody uses it. Nobody is going to maintain that. So we allow people to walk through the property. TRUSTEE GILLOOLY: Thank you. TRUSTEE SEPENOSKI: Thank you. TRUSTEE KRUPSKI: Thank you. TRUSTEE GILLOOLY: Any other questions or comments from the Board? (No response). Hearing none, I make a motion to table this application pending further review. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 28 August 17, 2022 MR. WOLPERT: Thank you, have a good night. TRUSTEE PEEPLES: Number 3, 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 The Trustees recently visited this site back on May 10th of 2022, and noted that comments from the prior month are still applicable; to adjust the pool to maximize the distance from the wetlands. We did receive new plans stamped and dated August 10th of 2022, that show a reduced-size swimming pool as noted by a letter here from East End Pool King that decreased the size of the pool to 16'x30' from the original 16'x32', and they shortened the patio between the house and the pool by five feet, changing it from 21' to 16'. The LWRP finds this application consistent. And the Conservation Advisory Council resolved to not support the application for the installation of the pool as submitted. Is there anyone here wishing to speak in regard to this application? (Negative response). I would like to just note that during our work session and review of the updated plans, that while there is a ten-foot non-turf buffer that has been added to a certain portion of the landward side of the timber bulkhead, we would like to request that that ten-foot non-turf buffer follows the contour of the timber bulkhead so that it then spans from the property line to the property line on each side. Are there any other 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 PEEPLES: I make a motion to approve this application with the condition that the ten-foot non-turf buffer is extended the entire length from property line to property line, and it follows the contour of the timber bulkhead. And we would need this in receipt of an updated plan showing this description. That is any motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 4, JOSEPH F. BARSZCZEWSKI, JR. requests a Wetland Permit for the as-built clearing; install a 3 foot wide by 1 foot high soil berm; and plant 12 Eastern Red Board of Trustees 29 August 17, 2022 Cedars (3" caliper), and 12 Baccharis Halimifolia bushes. Located: 110 Lawrence Lane, Greenport. SCTM# 1000-53-2-7 The LWRP found this to be consistent. A couple of notes. This is a continuation of a permit on a property we issued in 2020. The new work is minor and is recommended at consistent. The Conservation Advisory Council resolved to support this application. The Trustees conducted an inhouse review August 9th. We reviewed new plans at work session. The new plans are the same as the old plans for the permit that had since expired, so this is just a continuation. Is there anyone 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). TRUSTEE GOLDSMITH: I make a motion to approve this application as submitted. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 5, JOSEPH F. & LINDA SCIOTTO requests a Wetland Permit for the existing 2,011 sq.ft. two-story dwelling with a 400sq.ft. second floor balcony, a 7'x24' west side porch, a 3'4"x10' stoop on seaward side, an existing 6'8"x6'7" outdoor shower, and an existing 6'x7'4" Jacuzzi; remove existing garage and shed; construct a new 1,166sq.ft. two-story addition onto the landward side of existing dwelling on top of a 4" reinforced concrete foundation slab with a proposed one-story 10'x12' shed attached to landward side of addition; the existing 14'8"x15'4" front porch to be expanded an additional 8'2"'x10' to connect to new addition; and to install gutters to leaders to drywells for the addition. Located: 8380 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-126-11-20 The.LWRP coordinator found this to be inconsistent. The structures were constructed without obtaining a wetland permit. The Conservation Advisory Council resolved to support the application, however, questions the materials being used for the driveway. Also concerned with the removal of established oak and pine trees. The Board is also in receipt of a letter from the neighbor dated received today, August 17th. The project appears to be an over-intensive use for such a small-lot that already has a large house, large inground pool, hardened deck and various other improvements. This proposal,doubles the size of the existing, which requires cutting down countless trees on the lot along the public way with unknown ecological impact. Board of Trustees 30 August 17, 2022 Further, the application is essentially building an entirely new dwelling. What is described as garage project is more accurately described as a second home on the property, with a height of 23.5 square-feet. I respectfully request an adjournment of this hearing. And that is Kathleen Pillai. There is another one, there was a delay in the noticing, so they are asking for an adjournment (perusing). The Trustees visited the property on the 9th of August and noted that it was a straightforward application. Is there anyone here that wishes to speak regarding the application? MR. CERVON: Larry Cervon, 8460 Peconic Bay Boulevard, directly east of the proposed property. I'm not sure I have any specific objections, I'm just concerned with the height of the structure, and I'm not sure if that's this group or the Planning Board. We have a structure on the other side of us that is towering, so I was just concerned with the size of this structure. And the other note is just there is no mention of the removal of any additional trees between our property and theirs. I just want to make sure that doesn't happen. TRUSTEE KRUPSKI: Thank you. Is there anyone else wishing to speak regarding this application or additional comments from the Board? MR. SCIOTTO: Good evening, Members of the Board, my name is Joseph Sciotto. This is my wife Linda. As far as I know, the new addition is actually further away from the property line of said concern than the existing garage that will be demolished. And it is to my knowledge that there will be no further trees that will need to be removed. TRUSTEE KRUPSKI: My only question about the trees for that was I believe at our site.visit, and I think in discussions with your, wife, are you moving the driveway over and kind of taking out all those trees there? MR. SCOTT: Well, we were hoping to have the driveway moved further to the west side of the property, which might require the need to have removal of some trees. If that's an issue, we would be more than happy to leave the driveway where it is. We are not looking to cause any problems here. TRUSTEE KRUPSKI: Okay, so this Board does have a practice of trying to protect native trees and vegetation. MR. SCIOTTO: Sure. I understand. TRUSTEE KRUPSKI: For myself, I think if you do end up taking down trees for the driveway, I would be comfortable with something along the lines of a one-for-one replacement with native species. So if you do move it over, maybe relocate or replant some new native trees. Would that be something you would be amenable to? MR. SCIOTTO: Sure, absolutely. TRUSTEE KRUPSKI: Thank you. Are there any additional comments Board of Trustees 31 August 17, 2022 from the Board or anyone else from the public that wishes to speak? (No response). Hearing no further comments, I'll make a motion to close the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make motion to approve the application with the stipulation any trees that are removed during construction are replaced on a one-to-one replacement with native species, and by granting this permit will thereby be bringing this into consistency with the LWRP coordinator. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE SEPENOSKI: Number 6, Cole Environmental Consulting on behalf of GERARD & KAREN DIFFLEY requests a Wetland Permit to demolish existing dwelling, deck, driveway and curb; construct a new±48'6" x±61'2" two-story irregular shaped dwelling (±2,354sq.ft.) with a full basement (±2,354sq.ft.); remove ±387 cubic yards of soil for the full basement; construct a ±24' x ±5' front porch; a ±21' x ±5' rear porch; a ±4' x±5' entry stoop on east side; install a ±40' x ±35' irregular shaped stone patio with a ±15' x 15' shade porch; install a ±30' x±14' in-ground swimming pool with a max depth of±7'; proposed patio, shade porch and pool to be on-grade; install a drywell for pool discharge; install a pool enclosure fencing; install a ±4' x±4' outdoor shower; remove ±80 cubic yards of soil for pool excavation; install a pervious semi-circle driveway landward of dwelling; existing septic system to be abandoned (system to be pumped clean and filled with clean sand from upland source); and the installation of a new I/A OWTS system landward of dwelling; there is no proposed grade change. Located: 1050 Lupton Point Road, Mattituck. SCTM# 1000-115-11-14 The Trustees most recently visited the site on 8/9/22. Notes from that site inspection read as follows: Pool, too close to bank. Question location of top of bank. Should be more landward. Whole house landward. Need non-turf vegetated buffer from top of bank. And a tree removal, question mark. The LWRP found this application to be consistent with its policies, and makes three recommendations. One, regarding the IA/OWTS system. Second, consider requiring vegetated non-turf buffer to mitigate the shift of the structure seaward. Retain trees and existing vegetation within the buffer. And a question, where will the outside shower drain be. The Conservation Advisory Council resolved not to support the application. And the reason it does not support is due to the inadequate setbacks of the proposed swimming pool and dwelling. The proposed structures are too close to the wetland boundary and not in compliance with the LWRP. We are in receipt of surveys stamped June 15th, 2022, and Board of Trustees 32 August 17, 2022 plans for the proposed project stamped August 1 st, 2022. Is there anyone here who wishes to speak regarding the application? MR. COLE: Good evening. Chris Cole, Cole Environmental Services for Jerry Diffley, homeowner and applicant. In terms of setbacks to the top of the bluff, or top of the bank, we are 55 feet from the proposed pool, so meeting the setback requirements. The only setback requirement that we don't meet is for the house to the top of the bank. And we are well behind the house pier line of the adjacent corners of every other house on the street. And in terms of non-turf buffer, we would be open to putting one in. If there are any other questions, I'm here to answer them, and the homeowner is here as well. TRUSTEE GILLOOLY: Just one question was, it does appear that the highest point of the property actually extends through the pool. So that would be the top of the bank. TRUSTEE GOLDSMITH: Mr. Cole, can you comment on something? We have plans stamped received August 1st, 2022, and on this set it's showing 32 feet from the pool to what you are considering the top of the slope. MR. COLE: That's 32 feet to the top of the slope, but it's well over 55 feet to the wetland line. So we are considering the wetland line to be totally separate from the top of the slope. Even though I know the Board's jurisdiction goes from the top of slope. But the setbacks go through the wetlands as far as we are understanding. TRUSTEE KRUPSKI: The bank. That's correct. MR. COLE: This is a bank. TRUSTEE KRUPSKI: I think the Board's point with that is that even though this is legally a bank, we are getting very close to a bluff, by legal definition. And while the code speaks to banks, I think it mainly is trying to talk about smaller banks, and if this can be maybe tucked in or downsized a little bit, I think it would be, I mean, this is just one Trustee's opinion, it would be a better fit for that area. Because it is pretty steep there, as you know. MR. COLE: Yes. TRUSTEE GOLDSMITH: And can you speak to, on this plan, it looks like we have a,14-foot contour elevation at the top of the slope but it also goes up to 16 and.18. So how did we come up with a 14 being the top of the slope? MR. COLE: That is something the surveyor put on. I would need call him. TRUSTEE GOLDSMITH: Okay. Because obviously where the proposed pool is at 18 foot elevation, it's sloping down: MR. COLE: It does continue to slope off, but that is basically where the steepness kind of levels off and slowly goes up to the 18-foot contour. TRUSTEE PEEPLES: And then speaking of that. I think the 14-foot contour line we have just been speaking.about, I believe that's Board of Trustees 33 August 17, 2022 where you have the pool fence, the compliant pool fence. MR. COLE: Yes. TRUSTEE PEEPLES: And it seems that if that in fact is what you are defining as the top of the bank, that maybe that should be pushed back landward a little bit as well so that it's not quite so precipitous there. So I think if you can address that. And then the other comment I have, I started counting the number of trees that were being removed on the property, and every time I counted, I then saw one more, and then one more, and then one more, and then one more. They kept appearing because they are layered with the rest of the plans. So, you know, as was mentioned by Trustee Krupski in a previous application, we do look favorably upon trying to replace the trees that are removed. And, I mean, this site is beautiful, obviously we visited last week in terms of the number of mature trees that are there. And thank you for noting the caliper of them, but they go up to, I think one goes up to 30 or 36 inches. So just addressing that would be helpful as well. MR. COLE: Yes, I think we would be open to replacing on a one-to-one ratio with native trees. And if you do look at the plans, my client is intending.to keep as many as possible. My client does like the wooded aspect of it. He's taking down the ones that are directly in conflict with the construction. TRUSTEE PEEPLES: And I,think if, you know, some of the comments in terms of moving back the`house, moving back some of this structure that is so close to wherever we are defining the slope of this bank, that would save some of those trees. MR. COLE: If it's all right, the homeowner is here. MR. DIFFLEY: Thank you, for your consideration. Gerard Diffley. We currently live on Lupton Point, We lived on Lupton Point for over 30 years, so we know the beauty of it. It's an unusual piece of land, as I think you saw on your site Visit, so I know that the contour is a little unique. We are happy to preserve as many trees as we can and replace the ones that are one-to-one. Because of that slope, however, there is not a lot of land to build, and as Mr. Cole said, you know, we are well behind the lines of our neighbors. So we just ask for consideration there. Thank you. TRUSTEE PEEPLES: Thank you. TRUSTEE SEPENOSKI: So hearing our concerns, the trees, and our concerns with the pool and proximity to the wetlands, would you be willing to work with the plans to shift the pool landward? ` MR. DIFFLEY: To the extent that we can; absolutely. We don't need a huge pool. TRUSTEE SEPENOSKI: Okay, I see you have some space for the patio and the size of the pool, and, as you said, the structure is behind the pier line. So is there anyone else here wishing to speak to this application? (Negative response). Anyone on the Board wishing to comment? TRUSTEE GILLOOLY: Just to reiterate Trustee Peeples' point that also the fence should be moved from there. Board of Trustees 34 August 17, 2022 TRUSTEE SEPENOSKI: Hearing no further comments, I make motion to table this application. MR. COLE: Thank you. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 7, North Fork Woodworks on behalf of DKJK FAMILY TRUST requests a Wetland Permit to construct an 852sq.ft. attached garage with a second floor recreational/media room onto the landward side of existing permitted dwelling. Located: 880 Deep Hole Drive, Mattituck. SCTM# 1000-115-12-13 The LWRP reviewed this application and found it to be consistent. And the CAC reviewed and resolved to support this application, with one note: If a bathroom is being installed as part of the project, the Conservation Advisory Council recommends an IA septic system. The Trustees most recently visited the site on August 9th, noting that the project seemed straightforward. Is there anyone here wishing to speak regarding this application? (No response). Any questions or comments from the Board? (Negative response). Hearing none, I'll 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 plans stamped received in our office July 1st, 2022. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Number 8, Suffolk Environmental Consulting on behalf of CHARLES SNYDER requests a Wetland Permit to remove and replace in place approximately 114 linear feet of existing bulkheading and ±11'4" long return using vinyl sheathing; and to reconstruct the existing 441.9sq.ft. deck in-kind and in-place located along the seaward side of existing dwelling. Located: 704 Wiggins Lane, Greenport. SCTM# 1000-35-4-28.24 The Trustees most recently visited the site on August 9th and noted that the application is straightforward. The LWRP found that this is exempt from their review. And the Conservation Advisory Council resolved to support the application of Charles Snyder. Is there anyone here who wishes to speak regarding this application? MR. ANDERSON: Rob Anderson, Suffolk Environmental Consulting on behalf of the applicant to answer any questions the Board may have. TRUSTEE PEEPLES: Thank you.-I'll just note here as well that we have Board of Trustees 35 August 17, 2022 a survey that was stamped dated August 10th on the record as well -- MR. ANDERSON: Yes, that is correct. TRUSTEE PEEPLES: (Continuing) that includes a non-turf buffer. MR. ANDERSON: Yes, ma'am. TRUSTEE PEEPLES: Does anyone else wish to speak? (No response). Any other questions or comments from the Board? (Negative response). Hearing none, I make a motion to close the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application with the most recent plans stamped dated August 10th, 2022. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 9, Michael Kimack on behalf of GEROSA FAMILY TRUST requests a Wetland Permit to remove existing set of bluff stairs, benches and shed (shed not to be replaced), and construct a new set of bluff stairs with railings consisting of a 4'x6' (24sq.ft.) top landing to 4'x10' (40sq.ft.) stairs to a 4'x6' (24sq.ft.) middle landing to 4'x13.1' (52.4sq.ft.) stairs to a 4'x6' (24sq.ft.) lower landing with an 8'x 30" x 30" storage bin cantilevered off side of landing to 4x9.25' (37sq.ft.) stairs to ground; total'of landings, staircases and storage bin to be 221.4sq.ft.; maximum disturbance to be 2' on either side of bluff stairs; replant disturbed areas and area of removed staircase with American Beach Grass at 12" on center and/or indigenous vegetation with two (2) layers of burlap (o/e) fastened. Located: 315 Aquaview Avenue, East Marion. SCTM# 1000-21-2-3 The LWRP found this to be inconsistent. The inconsistency is the Aquaview Property Association's common beach access is located just to the east of the parcel. These areas were designed to create common beach access to minimize beach stairs from each parcel. The Conservation Advisory Council resolved to support the application with retractable steps to the base of the staircase. Trustees conducted a field inspection August 9th, 2022, noting that staircase project seemed straightforward, discussed a buffer at the top of bluff and the review of the lower platform dimensions. We did receive stamped survey, stamped received in the Trustees office August 16th, 2022, that do show a ten-foot, non-turf buffer at top of the bluff. Is there anyone here wishing to speak regarding this application? MR. KIMACK: Mike Kimack, on behalf of the applicant. The existing staircase from the original plan, or from the Board of Trustees 36 August 17, 2022 original survey, shows that it's been in its place since at least 1969. It has varied, basically, on that particular one. In the design layout that I did, I wanted to show, we are putting it in the same location it is, because that's the only location it can go in. Simply because of all those heavy stones and rocks, it has to start at the_same location, and pretty much end at the same location. You can see, I dotted in the existing staircase that is being removed around the one that is being put in its place, and we are, I think perhaps maybe three feet, a little bit more seaward with the new one only because I had to raise it in order to get the four-foot clearance for the DEC's requirements. If you remember, the original staircase is pretty much on grade. So I moved the landing out about three or four--four or five feet over the top of the bluff in order to begin the staircase going down in order to obtain that four foot under the runners. And that's why it ended up to'be the extra three feet, a little more seaward than the original one is right now. The platforms are all 4x6. We are taking the shed out, essentially, like that. But I am requesting, my client asked if we could leave that 30"x30"x8' storage area there, which is presently where the shed is on the way down. TRUSTEE GOLDSMITH: Mr. Kimack, I have one question. It doesn't state in the project description anything about extending the concrete walkway at the top of the landing, but it showed that in the plans. MR. KIMACK: I think it's on the plans, yes. I apologize, it was not in the description. TRUSTEE GOLDSMITH: We, or I, would not look favorably on wanting to extend that any closer, or any seaward.of its existing location because anything adds some extra runoff underneath the stairs. So perhaps you can do gravel or something that is more pervious as opposed to the concrete. MR. KIMACK: We can do bluestone on crushed -we can do base stone on top of crushed bluestone that is pervious. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? (Negative response). Any questions or comments from the-Board? (Negative response). Hearing none, I make 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 the concrete walkway is not extended and it is used as bluestone instead of the proposed concrete. And also noting that this is a replacement of existing stairs that have been there and is not new stairs, which will therefore bring it into consistency with the LWRP. That is my motion. TRUSTEE PEEPLES: Second. Board of Trustees 37 August 17, 2022 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. KIMACK: Last, but not least. TRUSTEE KRUPSKI: Number 10, Michael Kimack on behalf of MICHAEL &ARGY MANTIKAS requests a Wetland Permit to remove existing vegetation on the bank face and to revegetate an approximately 880sq.ft. area of bank face with nine (9) different native plants (284) in 33 interrelated beds. Located: 80 South Lane, East Marion. SCTM# 1000-37-6-3.5 The LWRP coordinator found this to be consistent. The Conservation Advisory Council resolved to support the application. The Trustees most recently visited the site on the 9th of August and noted that there were boulders along the bottom, almost functioning as a revetment. As far as the beach grass, which was not indicated on the plans, should remain further out. Will review further at work session. Is there anyone here that wishes to speak regarding the application? MR. KIMACK: Michael Kimack, on behalf of the applicant. The boulders actually, basically they are more for I think breaking up the lines themselves, because there are so many different types of plantings this particular landscape architect put in there in order to do that more from an esthetic point of view. It's not a retaining wall because it's not a complete wall. It's simply a cluster of stones. But I will say that I think the stones basically, probably should be at least 50 to 100 pounds. We are not looking to put a pile of rubble there, for the most part. To give you an example, a 12"x12" is 150 pounds. So it's somewhere within that range. So it would be pretty much placed in order to break up the different plantings, basically, along the way. They are not meant or intended at all-to be a retaining wall. TRUSTEE KRUPSKI: So they are not meant to protect property at all? MR. KIMACK: No, not at all. It's simply to break up the plantings there to, because in essence, as you look at from the description that I gave you, I think it was, they had eight different types of beds with 233 different types of plants in there. It was really intended to try and get some kind of breaking up to not have all of them look together. So the stone basically would break up the plants so they would have their own continuity. TRUSTEE KRUPSKI: So I would like to hear maybe further Board discussion on the stones, but I do want to speak to one other point that I was making. I would say from about the bottom of the stairs seaward is largely American beach grass right now, and should probably remain that way. I'm not necessarily as one Trustee opposed to a Board of Trustees 38 August 17, 2022 re-vegetation of the bank. We've done it before. If you use some nice, native species and low-lying things and ground coverage, it does hold up nicely. But I would say seaward of the bottom of the stairs roughly based on these plans, I don't know if anyone wants to see them, is really kind of a dune that is protecting this bank, and it should remain. And to be honest with you, it probably just should be refortified with additional beach grass. MR. KIMACK: Well, if you look at what it is now, if you take the bottom and you look at the plant list on the description over there, you've got the C's which are the bayberries which are in there, as opposed to, which is a 1-A plant. So it has the same rooting system, as strong a system as your American beach grass would have. The G is basically the golden rods. All those in there, even the E's which are the pink clover grass, basically for beds, all these pretty much -- and then they have sumac, essentially like that -- have the same kind of durability as American beach grass has. TRUSTEE KRUPSKI: I really feel that, and this is just my opinion, I'd definitely take some other Board's comments, but I really feel from the bottom of those step seaward we are trying to revegetate a beach, a natural beach and dune, and it feels a little unnatural to me, and, like I said, I appreciate what you are trying to do. MR. KIMACK: I'll have to question you, is the American beach grass consistent all the way through to that property or-- TRUSTEE KRUPSKI: Mostly. There is a good picture. It starts to fade out a little bit there. It's been taken over by some invasives, but it could easily be revegetated back to that bank line. I think it would do pretty well there. MR. KIMACK: You are recommending then, there are two ways to look at that. I may be able to have them in-filled where the American beach grass is not, with some of these plantings. That would be perhaps -- TRUSTEE GOLDSMITH: Supplement what is already existing. MR. KIMACK: Supplement what is already there. And leave the American beach grass in its place. There is a lot of it. And I quite frankly have not been at the site for some time. Once I set the stakes it's been some time ago. But I do remember now looking at the picture, that it was fine. So if we can leave the American beach grass where there are clusters and then put in, take some of these and put those in there, and have the landscaper identify where those are, put them on the plans where the American beach grass is indigenous and then do the other plantings around it as a fill-in. TRUSTEE SEPENOSKI: One of the things to consider is afternoon shading of these trees on this bank. MR. KIMACK: You have a lot of open spots. TRUSTEE SEPENOSKI: That might account for some of the open spots. Maybe the species that you in-fill, could be a little more shade tolerant. MR. KIMACK: I think so. Right. Look, I'm not an expert on the type of Board of Trustees 39 August 17, 2022 plants that they picked but I'm assuming that these are probably more shade tolerant and would do better in that area than the American beach grass is doing, because it looks a little scant at best. And I can have the landscaper identify where that is, take the clusters of American beach grass and then pull out those sections which he has proposed plantings, and put the beach glass in its place and then plant around the beach grass clusters with whatever needs to be filled in, where it's open ground. TRUSTEE SEPENOSKI: Yes, there's milkweed, there's some wild peas. We did see seaside golden rod. So there are some pretty happy plants in there already. MR. KIMACK: Yes. And she's planting the golden rods back in, essentially like that, so everything that, you know, fit within that bank. But I can understand your concern that we don't want to disturb what is already there in terms of the rooting system. So if I can have her identify them and then plant around it to basically re-enforce it with what she's got here. All she has to basically do is pretty much take it from the seaward of the bottom of the stairs, identify those areas which contain the American beach grass, remove the proposed plantings for those areas, and then just bring the other ones against it, basically, so that you have the American beach grass as part of your planting plan. TRUSTEE PEEPLES: As one Trustee, and agreeing with what previously has been discussed from the other members of the Board, I think that all sounds reasonable. The one thing I would want to ensure is that this doesn't turn into a boulder garden. You know, I understand esthetically why the boulders, what you are calling boulders -- MR. KIMACK: I can ask her to cut it back a little bit. TRUSTEE PEEPLES: So the rest of what I was going to say is that I think, you know, to Trustee Krupski's point, that using the bottom of the stairs as the demarcation point would be helpful, and I think we were talking about re-vegetating some of these patchy areas of the American beach grass, whether it's with the beach,grass or something else, that the boulders don't appear in those areas. MR. KIMACK: Well, I think in looking at it right now, I think perhaps one of the recommendations that I would take back to my client is those boulders that are on the most seaward side.right now, we could removal, primarily, so that basically the plantings kind of in-fall back into the dunes without the boulders there. TRUSTEE PEEPLES: Fantastic. MR. KIMACK: I don't have a problem, I hope you don't, with the interspersing stone within the plantings area, but where it creates the perimeter on the seaward side, we can take those out. TRUSTEE PEEPLES: I think when we did review the plan the perimeter was, and the fact it did kind of encroach in what is a very kind of naturalized beach area. If you look to the neighbors on both sides, and if you look even further I think to Board of Trustees 40 August 17, 2022 the east there, there have been some hardened shorelines, and just do not have as much of a beach as these properties do. So I think that's something we are taking into consideration. MR. KIMACK: Okay. And I'll get back to the landscaper and have her basically identify the American beach grass that's there, and I'll recommend to them to pull the stones that are on the perimeter of the seaward side off so those particular, either the American beach grass or the plantings that would be surrounding the American beach grass at that particular point just flow right into the beach area without any stone intrusions. TRUSTEE KRUPSKI: All right. So I have an additional thought about the application. I think if you were to submit new plans showing Rosa Rugosa, bayberry and American beach only, seaward of the bottom of that bank, which is in-line with the steps, and then remove any stones that are also seaward of that line, at the bottom of the steps, so that there are two kind of lines there that I would like to see removed. I would be willing to vote on that. Because I think it's simple enough. I would be willing to vote on that tonight. MR. KIMACK: So in that area seaward of that, we are looking, wherever the American beach areas are right now, and then the others would be the bayberry and what did you say? TRUSTEE KRUPSKI: Rosa Rugosa and beach grass. I would do those three. I mean there is some like Endless Summer hydrangea down there that is just not right for that area. MR. KIMACK: It's interesting, it's kind of like an anecdote, Rosa Rugosa I know was an invasive species at one time., but it has such a strong rooting system. But I'm glad you are beginning to consider it again as putting in -- TRUSTEE KRUPSKI: Somehow it's become an acceptable species. MR. KIMACK: So do phragmites. TRUSTEE KRUPSKI: That's true. So if that's what you would be willing to consider, it would be pulling those two kind of lines of stones seaward of the steps and eliminating some of those species. MR. KIMACK: So take that stone out seaward, identify the American beach grass area and then limit the other areas to the Rosa Rugosa and the bayberry along with the American beach grass. And everything above that would stay as it is on the design. TRUSTEE KRUPSKI: Okay. Any other additional thoughts from the Board members? (Negative response). Is there anyone else here that wishes to speak regarding this application? (Negative response). Hearing no further comments, I make a motion to close the hearing in this application. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 41 August 17, 2022 TRUSTEE KRUPSKi: And I make a motion to approve this application subject to submission of new plans depicting the removal of the seaward two lines of boulders, which are found seaward of the steps, the bottom of the steps, and only including seaward of the bottom of the steps Rosa Rugosa, bayberry and American beach grass. That is my motion. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). MR. KIMACK: Thank you, very much. TRUSTEE GOLDSMITH: Motion to adjourn. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL YES). Respectfully submitted by, JL 44;-�x Glenn Goldsmith, President Board of Trustees