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HomeMy WebLinkAboutTR-09/14/2022 Glenn Goldsmith,President O��DE SU(/j�ol Town Hall Annex A. Nicholas Krupski,Vice President h o 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly c/> >c G Q Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 couff l,�c� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Minutes R E C E-11 Wednesday, September 14, 2022 0 CT 2 0 2022 5:30 PM Present Were: Glenn Goldsmith, President Southold Towey Clerk 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 welcome to our Wednesday, September 14th, 2022 meeting. At this time I would like to call the meeting to order and ask that you stand for the Pledge of Allegiance. (Pledge of Allegiance is recited). We'll start off the meeting by announcing the people on the dais. To my left is Trustee Krupski, Trustee Sepenoski, Trustee Gillooly and Trustee Peeples. To my right we have the attorney for the Trustees Lori Hulse, we have Senior Clerk Typist Elizabeth Cantrell. And we have with us tonight Court Stenographer Wayne Galante, and from the Conservation Advisory Council we have John Stein. Agendas for tonight's meeting are located out in the hallway and also are posted on the Town's website. We do have a number of postponements for tonight. Postponements are in the agenda as follows: On page four, number 4, 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 five, numbers 3 through 5. Number 3, Young & Young on behalf of MKS REALTY, LLC Board of Trustees 2 September 14, 2022 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 t7.5' 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; 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 Number 4, 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 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 Number 5, J.M.O. 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 Pages 11, 12 and 13, numbers 21 through 25; page 12, numbers 26 through 29; and page 13, numbers 30 and 31. They are listed as follows: Board of Trustees 3 September 14, 2022 Number 21, Costello Marine Contracting Corp. on behalf of DAVID C. ESSEKS & KATHRYN R. STOKES requests a Wetland Permit to install a new retaining wall consisting of 260' on the face with two 6-foot returns for a total of 272 feet. Located: 522 Town Creek Lane, Southold. SCTM# 1000-64-1-14.7 Number 22, 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 Number 23, En-Consultants on behalf of JAMES & LINDA GEMMILL requests a Wetland Permit to remove existing 16'x20' wood deck and embankment stairs with two landings; construct a new embankment stairway consisting of a 10'x10' top landing with two entry steps, 4'x12'6" stairs, a 4'x8' middle landing, and 4'x9'2" stairs, leading to existing 11'x36' deck; remove easterly 11'x16' portion of existing 11'x36' deck, and shift existing 8'x12' shed approximately 36" west on westerly 11'x19'7" section of deck to remain; replace and relocate existing 4'x6' steps to beach off bulkhead; construct a 10'x20' grade-level masonry patio landward of buffer; and to establish and perpetually maintain a 10'wide non-turf buffer area along the landward edge of top of bank. Located: 6004 Indian Neck Lane, Peconic. SCTM# 1000-98-5-18 Number 24, 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 25, 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 Board of Trustees 4 September 14, 2022 (±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 Number 26, 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 Number 27, 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 28, Michael Kimack on behalf of NUNNAKOMA WATERS ASSOCIATION, INC. requests a Wetland Permit to perform work on the property located at 645 Wampum Way (1000-87-2-42.3), consisting of installing 235 linear feet of Shore Guard 9900 vinyl hybrid low-sill bulkhead with helical supports installed at discretion of contractor; restore approximately 200 linear feet of eroded bank with 90-100 cubic yards of sand recovered from storm deposit area; install filter fabric (±1,600sq.ft.), and plant American Beach grass @ 18" on center(±1,200 plants) over restored bank area; construct storm water concrete diversion swale (10'x43'', 430sq.ft.) with rip-rap runoff area (10'x20', 200sq.ft.), consisting of 50-150 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 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 Board of Trustees 5 September 14, 2022 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 29, 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 30, 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 Number 31, 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 TRUSTEE GOLDSMITH: Under Town Code Chapter 275-8(c), files were officially closed seven days ago. Submission any of paperwork after that date may result in a delay of the processing of the applications. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I'll make a motion to hold our next field inspection, Wednesday, October 12th, 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, October 19th, 2022, at 5:30 PM, at the Town Hall Main Meeting Hall. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). III. WORK SESSION: Board of Trustees 6 September 14, 2022 TRUSTEE GOLDSMITH: I'll make a motion to hold our next work session Monday, October 17th, 2022 at 5:OOPM, at the Town Hall Annex 2nd floor Executive Board Room; and on Wednesday, October 19, 2022 at 5:OOPM at the Main Town Hall Meeting Hall. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). IV. MINUTES: TRUSTEE GOLDSMITH: Motion to.approve the Minutes of our August 17th, 2022 meeting. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). V. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for August 2022. A check for$6,397.79 was forwarded to the Supervisor's Office for the General Fund. VI. PUBLIC NOTICES: TRUSTEE GOLDSMITH: Under Public Notices: Public Notices are posted on the Town Clerk's Bulletin Board for review. VII. STATE ENVIRONMENTAL QUALITY REVIEWS: TRUSTEE GOLDSMITH: RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section X Public Hearings Section of the Trustee agenda dated Wednesday, September 14, 2022 are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA. They are listed as follows: 18975 Soundview Avenue, LLC, c/o Christopher Moore SCTM# 1000-51-1-16 William E. Hamilton SCTM# 1000-14-2-3.6 Roberts Premier Development, LLC SCTM# 1000-78-2-27 Kathleen B. Kilbride Family Trust SCTM# 1000-118-4-14.1 Joan M. Keating APRT, c/o Stanley J. Keating SCTM# 1000-118-4-14.2 Richard & Gina Bonati SCTM# 1000-88-5-68 Samuel & Rebecca Lissner SCTM# 1000-94-3-1.10 Neil Currie SCTM# 1000-34-4-15 David & Helen Leis SCTM# 1000-107-8-44.1 Angeliki Kazeros & George Plitas SCTM# 1000-78-1-10.20 Board of Trustees 7 September 14, 2022 Scott & Patricia Paskewitz SCTM# 1000-78-7-20 David C. Esseks & Kathryn R. Stokes SCTM# 1000-64-1-14.7 = JSK Park Ave, LLC SCTM# 1000-123-8-9 JSK Park Ave, LLC SCTM# 1000-123-8-10 Marilyn Pymm Irrevocable Family Trust SCTM# 1000-122-9-7.25 Nicole Martorana & David Alworth SCTM# 1000-115-17-11 Alyse Ticker SCTM# 1000-107-7-8 Evan Geoffroy SCTM# 1000-70-4-18 James & Linda Gemmill SCTM# 1000-98-5-18 TRUSTEE GOLDSMITH: That is my motion. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). VIII. RESOLUTIONS -ADMINISTRATIVE PERMITS: TRUSTEE GOLDSMITH: Under Roman numeral VIII, I will make a motion to approve number 1, Charlotte Greene on behalf of JOHN & CARRIE MULLINS requests an Administrative Permit for a Ten (10) year Maintenance Permit to clear a 4'-wide beach path (within 15' deeded easement) to the sand, located at the property line. Located: 905 Stephenson Road, Orient. SCTM# 1000-17-1-2.2 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 2, SUNSET SOUND VIEWS LLC requests an Administrative Permit for as-built trimming of bushes, removal of vegetation, poison ivy and cutting down of two (2)trees, digging of trench to top of bluff for installation of electric for landscape lighting. Located: 62345 C.R. 48, Greenport. SCTM# 1000-40-1-5 Trustee Gillooly conducted a field inspection of this property on August 31st, 2022. The LWRP found this project to be inconsistent. The inconsistency is the language in the request to remove poison ivy-filled vegetation is unclear. The request should say "remove poison ivy only." As such, I'll make a motion to approve this application with the following project description: Request Administrative Permit for the as-built trimming of bushes, removal of poison ivy only, and cutting down of two trees, digging of trench to top of bluff for installation of landscape lighting. Located: 62345 County Route 45, Greenport, thereby bringing it into consistency with the LWRP. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: The Trustees regularly group together items that are minor or similar in nature to simplify our meeting. As such, under Roman numeral IX, I will make a motion to Board of Trustees 8 September 14, 2022 approve as a group items 1 through 5 as a group. They are listed as follows: Number 1, En-Consultants on behalf of DAVID GRESHAM and BENJAMIN PARDO requests a One (1) Year Extension of Wetland Permit#9764, as issued on November 18, 2020. Located: 435 Narrow River Road, Orient. SCTM# 1000-26-3-10 Number 2, Martin D. Finnegan on behalf of DEBRA A. ROTH 2012 FAMILY TRUST c/o WILLIAM M. ROTH, TRUSTEE requests a Transfer of Wetland Permit#5530 from Geoffry & Domenica Penny to Debra A. Roth 2012 Family Trust c/o William M. Roth, Trustee, as issued on April 26, 2002. Located: 570 Mason Drive, Cutchogue. SCTM# 1000-104-7-2 Number 3, Martin D. Finnegan on behalf of DEBRA A. ROTH 2012 FAMILY TRUST c/o WILLIAM M. ROTH, TRUSTEE requests a Transfer of Wetland Permit#1898 from Henry &Ann Wong to Debra A. Roth 2012 Family Trust c/o William M. Roth, Trustee, as issued on October 26, 1984. Located: 570 Mason Drive, Cutchogue. SCTM# 1000-104-7-2 Number 4, Martin D. Finnegan on behalf of DEBRA A. ROTH 2012 FAMILY TRUST c/o WILLIAM M. ROTH, TRUSTEE requests a Transfer of Wetland Permit#1155 from Henry D. Wong to Debra A. Roth 2012 Family Trust c/o William M. Roth, Trustee, as issued on June 7, 1976. Located: 570 Mason Drive, Cutchogue. SCTM# 1000-104-7-2 Number 5, Ian Crowley on behalf of ORIENT WHARF COMPANY, INC. requests an Administrative Amendment to Wetland Permit #8274 to install approximately 120 10" diameter pilings along the seaward face of the wharf, to be installed in the bay bottom with 2-3" gaps, for the purpose of protecting the suspended wave break on the north and west side of the wharf. Located: 2110 Village Lane, Orient. SCTM# 1000-24-2-28.1 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). X. PUBLIC HEARINGS: TRUSTEE GOLDSMITH: Under Roman numeral X, Public Hearings, at this time I'll make a motion to go off our regular meeting agenda and enter into Public Hearings. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: This is a public hearing in the matter of the following applications for permits under the Wetlands Ordinance of the Town of Southold. I have an affidavit of publication from the Suffolk Times. Pertinent correspondence may be read prior to asking for comments from the public. Please keep your comments organized and brief. Five minutes or less if possible. Board of Trustees 9 September 14, 2022 AMENDMENTS: TRUSTEE GOLDSMITH: Under Amendments, number 1, Frank Uellendahl on behalf of PETER &VALERIE SAKAS requests an Amendment to Wetland Permit#9869 to raise the existing cottage up 11 inches by installing an additional course of 8x16 cement blocks plus a double plate on top of it, bolted into the existing foundation; and in raising the cottage, add two more 11" deep by 50" wide steps for a total of four(4) steps to existing grade off of entry steps. Located: 65490 Route 25, Breezy Shores Cottage#16, Greenport. SCTM# 1000-53-5-12.6 Trustee Gillooly conducted a field inspection on September 8th, noting it was straightforward, just remove the existing structure. The LWRP found this to be exempt. The Conservation Advisory Council resolved to support the application. Is there anyone here wishing to speak regarding this application? MR. SAKAS: Yes, sir. Hello, Trustees. Thank you, for looking at this provision. I'm Peter Sakas, the owner of cottage 16. What do you need to hear? TRUSTEE GOLDSMITH: 'Nothing. MR. SAKAS: We would like to have the amendment done. TRUSTEE GOLDSMITH: Okay. Thank you. Is there anyone else here wishing to speak to this application? MR. SAKAS: And thank you. TRUSTEE GOLDSMITH:.Any questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion to approve this application as submitted. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 2, Costello Marine Contracting Corp. on behalf of CARMELA LAZIO requests an Amendment to Wetland Permit #9889 to construct a new±103' long retaining wall 2'6" in height with a ±15' west wall and a ±15' east wall from the existing bulkhead to new retaining wall. Located: 250 Blue Marlin Drive, Southold. SCTM# 1000-56-7-21 The Trustees most,recently visited the property on the 8th of September, wanted to discuss the height of the wall and review plans further at work session. The LWRP coordinator found this to be consistent. And the Conservation Advisory Council resolved to support Board of Trustees 10 September 14, 2022 this application. Is there anyone here wishing to speak regarding the application? (Negative response). Any additional comments from the Board? (Negative response). Hearing none, I'll make a motion to close the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application as submitted, with the addition of new plans showing a non-turf buffer between the proposed retaining wall and the bulkhead. That is my motion. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: Number 3, Costello Marine Contracting Corp. on behalf of DAVID C. ESSEKS & KATHRYN R. STOKES requests an Amendment to Wetland Permit#5974 to rotate the existing 6'x20' floating dock to form a straight"I" configuration, and to reset the two (2) float pilings and the two (2) tie-off pilings. Located: 522 Town Creek Lane, Southold. SCTM# 1000-64-1-14.7 The Trustees most recently visited the location on 9/7/22. Notes from that visit read: Turning dock would put dock outside of pier line and not be permitted. The LWRP issued its report as inconsistent, for several reasons. A number of them have to do with another aspect of a postponed hearing on tonight's agenda and do not speak directly to the dock configuration. We have plans stamped and received July 22nd, 2022. Although I would like to note that plans show the "I" configuration of the dock, they do not show the "I" configuration of the dock with the pier line of the adjacent docks drawn. Is there anyone here who would like to speak regarding this application? MS. STOKES: Hi, I'm Kathryn Stokes. I don't think I totally follow what you just said. But we made the application because at low tide our sailboat is often in the muck, so we were hoping, like our neighbors,,to just rotate the dock. And I have to say, I don't know why the other applications are related because we are also looking for a bulkhead. But I see it's postponed, but I don't see why it's postponed. So I would just hope that our dock can be rotated for the sailboat. But it sounds like you are saying you are missing something from us? TRUSTEE SEPENOSKI: Yes. Would you like to come on up, I can show you? MS. STOKES: Yes. TRUSTEE SEPENOSKI: They have provided all these materials Board of Trustees 11 September 14, 2022 here. What they have done is they've shown the dock configuration rotated 90 degrees like you want, and they put this line in here, but it's unclear whether or not this is accurate. This line. And I'll show you what I mean. Because here, what they've done is they've included both of these docks to the adjacent properties and drawn that pier line straight cross, but they have not depicted it showing the rotated 90 degrees. MS. STOKES: You just want evidence to show that it's within that line. TRUSTEE SEPENOSKI: Exactly. It would just be this pier line with the rotated dock, but with that adjacent dock in the picture. MS. STOKES: Okay, got it. TRUSTEE SEPENOSKI: So for the record,just to clarify, Ms. Stokes. I explained that we received two plans, one of which shows the adjacent docks, the pier line, but the dock is not rotated to its "I" configuration, which is what Ms. Stokes seeks. And we would like to see new plans showing the adjacent docks, the pier line with the "I" configuration so it's clear that that dock doesn't exceed any further than the adjacent docks. Does that make sense? MS. STOKES: Yes. TRUSTEE SEPENOSKI: So, at your request we can table this application for the resubmittal of new plans, if that is your wish. MS. STOKES: So requested. TRUSTEE SEPENOSKI: I make a motion to table this application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). WETLAND & COASTAL EROSION PERMITS: TRUSTEE GILLOOLY: Under Wetland & Coastal Erosion Permits, number 1, Suffolk Environmental Consulting on behalf of 18975 SOUNDVIEW AVENUE, LLC, c/o CHRISTOPHER MOORE requests. a Wetland Permit and a Coastal Erosion Permit to reconstruct the existing bluff stair assembly with railings consisting of'one (1) 9'x10' top wood platform to 4'x14' stairs to one (1) 4'x5.5' wood middle platform to 4'x13' stairs to one (1) 4'x5.5' lower wood platform to 4'x8' stairs leading to stone steps down to the beach that are to be built into a proposed 102' long rock revetment consisting of a 20-501b. gravel base over filter cloth and 2-3 ton stone; stabilize the existing bluff by terracing the areas of excessive scouring, utilizing 206 overall feet of 2"x12" CCA planks secured by 2"x2"x4' CCA stakes placed 6.0' on center perpendicular to the downward slope of the bluff along a horizontal plan; and to revegetate all disturbed area using Cape American beach grass planted 12"18" on center. Located: 18975 Soundview Avenue, Southold. SCTM# 1000-51-1-16 The Trustees most recently visited the site on September Board of Trustees 12 September 14, 2022 7th, 2022, noting to add non-turf buffer at the top of the bluff. I am in receipt of new plans stamped received in our office September 12th, 2022, depicting the requested non-turf buffer. The LWRP reviewed this application and found it to be consistent, but added two notes. Number one being no boulders naturally occurring on the beach shall be used in the revetment. And number two, the pitch of the slope should be addressed to hold vegetation. The Conservation Advisory Council reviewed this application and resolved to support it with retractable steps off the bottom landing and parallel to the shoreline, and the installation of a 15'-20' buffer planted with native vegetation. Is there anyone here wishing to speak regarding this application? MR. ANDERSON: Robert Anderson, Suffolk Environmental Consulting, on behalf of the applicant. As far as the retractable staircasing goes, we had designed this to count for stairs within the designed revetment and we figured this is the least intrusive option and also esthetically the most pleasing. As far as any other aspects of the project, I'm here to answer , any questions you may have. TRUSTEE GILLOOLY: Regarding the LWRP request regarding the pitch of the slope should be addressed to hold vegetation. Do you have any comments on that? MR. ANDERSON: We provided what we believe to be adequate terracing that should hold the vegetation in place for the duration of its establishment. TRUSTEE GILLOOLY:Thank you. Any other questions or comments from the Board? TRUSTEE GOLDSMITH: Just quickly. You said there was rock revetment on both sides of this proposed -- MR. ANDERSON: I'm sorry, that might be referring to a separate application, but I believe there is a rock revetment to the east, I believe. TRUSTEE GOLDSMITH: Because what we had talked about in the field was matching up with the revetments on either side, however since it's just.on one side what we would like to see on the opposite side is more of an angled return. MR. ANDERSON: In which direction? More towards the bluff? TRUSTEE GOLDSMITH: Toward the bluff, to minimize the impact on the property to the east. MR. ANDERSON: My concern with that would be if in the future the property to the east was to build their revetment, build a revetment in the future, we would, we believe it would be easier if it was some kind of slope there. Then you would have to adjust the other revetment to maintain conformity. TRUSTEE PEEPLES: To clarify, the rock revetment is currently on the property to the east and not to the west. I know it gets confusing. For clarification purposes. Board of Trustees 13 September 14, 2022 MR. ANDERSON: Yes. Sorry. I apologize. TRUSTEE KRUPSKI: Just to speak to the point that you just made, do you know if the neighbor is planning on doing a rock revetment? MR. ANDERSON: Not to my knowledge, I'm not aware. TRUSTEE KRUPSKI: So this has been a practice of the Board to just do a very -- and we're calling it a shallow return, I don't know if you quite understand exactly what we are saying, but not anywhere near the 90-degree angle of a standard return. Almost sort of mirroring, you see the fence line seaward of the pool there. Sort of something like that. MR. ANDERSON: Yes. TRUSTEE KRUPSKI: And the idea is to soften that line of revetment going into the neighbor's property so you are not having a negative effect on their property as well as protecting that corner of your property a little bit at the same time. MR. ANDERSON: Okay, I understand that. I just don't understand the protection that would be provided to the property to the west. I'm not sure how the return would accomplish that. TRUSTEE KRUPSKI: Most people when they do it this, they apply for some sort of a hard return, which is when we would ask them to soften that going into the neighbors to protect the property. You are not doing any of that here, however there should be a softer return to protect your applicant's property. MR. ANDERSON: Okay, I'll make the notes and add them to the plans. Is there any specific sketch that you would like to provide us that would give us an idea of what you would like to say? Maybe that the Board can provide us to look forward from. TRUSTEE KRUPSKI: I mean, literally something along the lines of that fence line. MR. ANDERSON: Just mimic the, parallel to the angled section of it. TRUSTEE GOLDSMITH: That way if the neighbor to the west does do a return, they can mimic it and they can both have somewhat of an angled return to each other. MR. ANDERSON: Understood. I'll have to speak with the owner and make sure he's okay with that moving forward. TRUSTEE GILLOOLY: Thank you. Any other comments? (Negative response). Hearing none, I make a motion to table this application. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Number 2, Suffolk Environmental Consulting on behalf of WILLIAM E. HAMILTON requests a Wetland Permit and a Coastal Erosion Permit to construct a bluff stairway with railings consisting of one (1) 4'x4.25' top timber platform with a 4'x9"wood step on its landward side to 4'x12.75' timber Board of Trustees 14 September 14, 2022 stairs to a 4'x4' upper middle landing to 4'x12.75' stairs to a 4'x4' middle platform to 4'x12.75' stairs to a 4'x4' lower platform to a 4'x11.25' set of wood stairs to ground; install a ±166' long rock revetment at base of the stabilized bluff(4' high by 10' wide) consisting of 2-3 ton stones placed atop a 2' deep stone/gravel base (20-30 Ib. Stone); install ±996 linear feet of 10"-12" diameter coir-logs secured by 2"x2"x4' wood stakes arranged in six (6) rows running parallel to the shoreline and spaced 10.0' on center; each row of coir-logs to be backfilled with ±6 cubic yards each (36 cubic yards total); ,revegetate disturbed areas with native vegetation consisting of Cape American beach grass (Ammophila breviligulata) plugs 12" on center, Switch Grass (Panicum virgatum)#1 container 2' on center, Beach Rose (Rosa virginiana) #3 container 3' on center and/or Beach Plum (Prunus maritima) #3 container 3' on center in spaces between rows of coir-logs; re-contour the top of the existing bluff by relocating it landward an average of five (5) feet; and to remove three (3) trees at the top of the existing bluff. Located: 2670 Grandview Drive, Orient. SCTM# 1000-14-2-3.6 The Trustees most recently visited this site on the 7th of September and noted that it was straightforward and you keep the non-turf buffer. I'm in receipt of plans stamped and dated August 10th, 2022, and there is a letter in here from Elizabeth Cantrell of the Trustees office to Robert Anderson requesting a revision of the plans similar to the last application that, including a flair on both ends of the proposed revetment inward to alleviate possible disturbance to the two abutting bluffs. The LWRP found this proposal is consistent. And the Conservation Advisory Council did not make an inspection, therefore no recommendation was made. Is there anyone here who wishes to speak regarding this application? MR. ANDERSON: Robert Anderson, Suffolk Environmental Consulting on behalf of the applicant. I know we just had this conversation just previously. I'm now understanding what the intention was behind that request. I just didn't understand the schematic of it. Now that it's explained to me, I believe I understand what the Board is looking for in this case. TRUSTEE PEEPLES: Okay, so I guess my question to you was going to be was if you brought any plans with you this evening or if you were just looking for some further clarification. MR. ANDERSON: I needed some further clarification before I submit new plans. TRUSTEE PEEPLES: Okay. Sounds good. TRUSTEE PEEPLES: Then are there any other questions or comments from the Board? (Negative response). Anyone else who wishes to speak in regard to this application? Board of Trustees 15 September 14, 2022 (Negative response). With that said, I'll make a motion to close this hearing. MR. ANDERSON: If I may, I do have one question regarding the flair. On the last application I was referenced to the fence line on the top of the bluff. In this case, should I try to mimic that sort of angle in relation to this? Just for my own purposes moving forward. TRUSTEE PEEPLES: That's a good question. TRUSTEE KRUPSKI: I don't know that we need a reference point. Honestly, it's a matter of softening the transition for, you know, at the edge of the property line. We don't really have a set angle. MR. ANDERSON: Just something soft. TRUSTEE KRUPSKI: It's really up to the design professional. MR. ANDERSON: Okay. I will make the recommendation to the engineer and see what he has to say. TRUSTEE KRUPSKI: Thank you. TRUSTEE PEEPLES: And to answer your question specifically, there doesn't seem to be a reference point on the plans that are provided, so, you know, if you would like to propose something and submit it to the office we can always take a look and let you know. MR. ANDERSON: Okay. As I said, I'll need to speak with the engineer to see what he's able to work with and what he is willing to design going forward. I also have one other question, as far as how this relates to going to the DEC. In the Board's experience, does the DEC look favorably on this? Have they issued approval for this? TRUSTEE GOLDSMITH: They have, because it somewhat protects the neighboring properties, which is always a concern, when somebody hardens their property, what the effect will on the neighboring property. So the angled return seems to lessen that impact, at least to the adjoining property. So it's usually viewed favorably. MR. ANDERSON: Okay. Thank you. TRUSTEE PEEPLES: Mr. Anderson, one question would be, there is an option that I guess we could table the application for today, we could also approve -- move forward with an approval in order to, with the receipt of new plans based on the discussions that we had about that softened edge, if that is something you are comfortable with. MR. ANDERSON: Yes, if that's okay. Yes, as long as you are willing to accept the plans in addition, that's fine with me. TRUSTEE PEEPLES: Okay. And clearly the Board would need to review those plans prior to issuing the permit and be in agreement with them. MR. ANDERSON: Understood. TRUSTEE PEEPLES: Okay, any other further questions or comments from the Board? (Negative response). Board of Trustees 16 September 14, 2022 TRUSTEE PEEPLES: Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH:.AII in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application , subject to the receipt of new plans that indicate the request for the flair or the softened return on the revetment to both sides of the property. That is my motion. MR. ANDERSON: If I may-- TRUSTEE KRUPSKI: The motion has been made. MR. ANDERSON: Okay. I'm sorry. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). WETLAND PERMITS: TRUSTEE GOLDSMITH: Under Wetland Permits, number 1, Costello Marine Contracting Corp., on behalf of JSK PARK AVE, LLC requests a Wetland Permit to remove and dispose of existing 70' long jetty and construct new 51' long jetty to Mean Low Water, in-kind, in-place, and using vinyl sheathing. Located: 2150 Park Avenue, Mattituck. SCTM# 1000-123-8-9 The LWRP found this to be exempt. The Conservation Advisory Council resolved to support this application. The Trustees conducted a field inspection, September 7th, noting to wait for a DEC permit as well as to have the new jetty no higher than 12 inches above existing grade. Is there anyone here wishing to speak regarding this application? MR. COSTELLO: Jack Costello, on behalf of the applicant, here to answer any questions you might have. TRUSTEE GOLDSMITH: Did you get to DEC yet? MR. COSTELLO: No. TRUSTEE GOLDSMITH: What about the height, is that 12 inches above? It looked like parts of it were actually extended over it. So -- MR. COSTELLO: Yes,_most of it will be underground. The offshore end, the very, very offshore end might be 12", 18" at the most. But it disappears into nothing. It's working and it's starting to fail. It's just to maintain the beach, so: It's basically as low as it can be. TRUSTEE GOLDSMITH: As you know; it's usually the policy of the Board is to wait for the DEC, they make more of a global view on jetties as a whole, and we don't want to propose a number and they come back with a different number and the applicant gets stuck in the middle. So usually we try to wait for their number to come back. Board of Trustees 17 September 14, 2022 MR. COSTELLO: You are just saying on the overall length. TRUSTEE GOLDSMITH: Yes. MR. COSTELLO: Okay, fair enough. TRUSTEE GOLDSMITH: Is there anyone else here to speak to the application? (Negative response). Any other questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to table this application for receipt of DEC permit. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 2, Costello Marine Contracting Corp., on behalf of JSK PARK AVE, LLC requests a Wetland Permit to remove and dispose of existing 66' long jetty and construct new 51' long jetty to Mean Low Water, in-kind, in-place, and using vinyl sheathing. Located: 2200 Park Avenue, Mattituck. SCTM# 1000-123-8-10 The Trustees most recently visited the site on the 7th of September, and noted tabled for DEC input on the size of the structure, and that it should be no higher than 12 inches above existing grade. The LWRP coordinator found this application to be inconsistent. It's noted that the loss of function of the subject jetty reveals the sand character is minimal and that the jetties to the east and west provide stabilization of the beach. The Conservation Advisory Council resolved to support the application. Is there anyone here that wishes to speak regarding this application? MR. COSTELLO: Jack Costello, on behalf of the applicant. We are waiting for DEC feedback. TRUSTEE KRUPSKI: That has just has been our practice, because sometimes they suggest moving one slightly or eliminating one and putting one next door. They are looking at the whole thing kind of holistically. MR. COSTELLO: Right. It's the simplicity of that, we decided to move along with it, and -- but we can wait. That's fine. TRUSTEE KRUPSKI: Okay, great. Is there anyone else wishing to speak regarding this application or additional comments from members of the Board? (No response). Hearing none, I'll make a motion to table this application for submission of DEC plans. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 18 September 14, 2022 TRUSTEE SEPENOSKI: Number 3, 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 The Trustees most recently visited the site on September 7th, 2022. Notes from that visit read: Inhouse review. Will review new plans at work session. Trustees received those plans stamped September 6th, 2022. The LWRP coordinator found this project consistent for two reasons. The lot is in a cultural resource area and most likely contains Native American and Colonial artifacts. Coordination with Southold Indian Museum archeologist is strongly recommended prior to any ground disturbance. A 30-foot no-work zone to the east (of what) is referenced in the LWRP CPR. This area is not shown on the survey and should be clarified as shown. Point number two, a 50-foot non-disturbance buffer was approved by the Board in Wetland Permit 5983. The buffer and the 30-foot no-work should be memorialized in the covenant and restriction permit and description. The Conservation Advisory Council resolved not to support the application because the setbacks are not in compliance with Chapter 275 Wetlands Code. The Conservation Advisory Coufncil will defer,to the findings of the LWRP. Is there anyone here that wishes to speak,regarding the application? MR. ANDERSON: Yes. Rob Anderson, Suffolk Environmental, on behalf of the applicant. As I believe we mentioned in the previous renditions of this, there was a cultural study done on the area of archeological resources and the results were little to no results, as far as that goes. With regard to meeting the setbacks, we have gone back and forth several times and it's our understanding we have come to something a little more agreeable as far as complying with the overall esthetics of the neighborhood while maintaining practical considerations as well. I also have revised plans from the engineer, which I would like to pass out to the Board, depicting the same revisions on the survey. TRUSTEE SEPENOSKI: Thank you. TRUSTEE KRUPSKI: Just to clarify, did everyone get plans but me? MR. ANDERSON: I apologize. I do have an extra. TRUSTEE KRUPSKI: I'm just kidding. TRUSTEE SEPENOSKI: All right, so during our work session we discussed this project, and you provide some of what we asked for but not everything, or at least not exactly_what we were looking for. Board of Trustees 19 September 14, 2022 You provided a pier line to an adjacent property on one side, and to the other side it's labeled "shed."And I was wondering if you can speak to why it's labeled to the shed and not to the primary structure of the adjacent property. MR. ANDERSON: Of course. In honor of going back and forth, we've always found that these pier line rules with regard to houses is to maintain a viewshed, so to speak, maintain a uniform alignment to wetlands, street, so have you. And in this case we found that the shed is part of the viewshed and'we figured that would be appropriate to account for the overall pier line, because it does impact the visual. That's why we did it. TRUSTEE SEPENOSKI: Okay. MR. ANDERSON: Again, it was our understanding in many of these cases that these pier lines are put in place to protect waterfront views, so to speak, and in this case, as we have seen, there is very little water to look at, and very, it's a different case in this matter. TRUSTEE PEEPLES: Sorry to interrupt. Part of our definition with the pier line is in order to ensure that structure, primary structure in particular, does not kind of continually get closer and closer to the wetland. So while this particular property doesn't necessarily have a viewshed, we are still concerned about the distance from the wetland boundary. And it was not clear on your plans that Trustee Sepenoski referred to, does the shed sit seaward of the house, the primary structure, on that property? MR. ANDERSON: I believe it's the seaward most visual structure, yes. TRUSTEE PEEPLES: I think what would be helpful for us, in regard to his comment, is to maybe just have a little bit larger viewport there in order to see the primary structure, and have that line drawn to the primary structure. MR. ANDERSON: I understand that. What we are talking about here must be extremely negligible. By feet. Not tens of feet. Within a pace, maybe. TRUSTEE PEEPLES: That may be the case, I think, but from our perspective as a Board that offers continuity for applicants in the future where they might get confused if they see a pier line that is drawn from a shed versus primary structures. So while it is, it's seemingly minor, it is beneficial to have as part of the file. MR. ANDERSON: Okay. But am I incorrect in that the viewshed is not impeded by the shed and doesn't count for an overall -- TRUSTEE SEPENOSKI: I think it's a fair point and a fair consideration. We are looking right now at this line on the survey at 75-feet wetlands setback line, and it's very close to where it's almost like, it's very close. Do you feel you can move this structure a little bit further toward the road to give us that setback that we are looking for? Board of Trustees 20 September 14, 2022 MR. ANDERSON: Setback of? TRUSTEE SEPENOSKI: Right now I'm looking at the 75-feet looks good. MR. ANDERSON: You want me to meet the 75-feet. TRUSTEE SEPENOSKI: Yes. MR. ANDERSON: So the pier line in fact does not matter now. Now you want it pulled back further? TRUSTEE SEPENOSKI: If the pier line to the primary structure is a.matter of paces, then it shouldn't be a problem to line up with that pier line. MR. ANDERSON: And the lining up to 75-feet, we are -- TRUSTEE SEPENOSKI: And that's impossible with the pier line. I understand that. So if you can depict accurately on the survey where that pier line is, get the structure in,line with that pier line, I would be comfortable with this. The additional point I would like to make is we would like to see a non-disturbance buffer delineated by the fence. The `stock rail fence. MR. ANDERSON: Stockade or? TRUSTEE SEPENOSKI: Wooden. Split rail. And then everything from the marsh from that split rail would remain a non-disturbance " buffer. MR. ANDERSON: Would you like the split-rail fence to also come within the landward side of the 30-foot no-work zone that was requested by the LWRP? TRUSTEE SEPENOSKI.: Yes. MR. ANDERSON: Okay, I'll have to speak with the owner to see what works as far as design esthetics go, and we have to go back 'to the engineer and redesign the sand turn and make sure everything works as far as that goes. TRUSTEE KRUPSKI: I would agree about the pier line, I mean it seems to me like it's a number, like a pace, possibly, but if we could see that, I would be very comfortable with that as an application. Just to clarify. And it does appear that the pier line is closer to that bump-out in the back of the neighboring structure. I really don't think it's going to be much of a move MR. ANDERSON: And may I also remind the Board, this is also kind of a bowed property. It bows inward toward the wetland where the other properties are further. Also I would like,you to consider that in your decision. TRUSTEE KRUPSKI: Certainly. TRUSTEE PEEPLES: And we do appreciate that. It's helpful to look at the aerial here to note that this property happens to also have a lot more depth to it than the two adjacent properties have as well. And I think to just go back to that pier line, it's not trying to nitpick this situation in regard to the shed. It's really trying to clarify for, you know, to make sure that all of our applications are consistent and have that pier line drawn consistently, because that is something that this Board does stand fairly strongly against with docks, with homes, primary Board of Trustees 21 September 14, 2022 residences. So that's really where that comes from. TRUSTEE GILLOOLY: And just speaking as one Trustee,_I see you are frustrated with having to pull it back a little, but I do think that the year 2022, we've had the comprehensive plan for the Town, and we've seen the IPCC report, so to have a brand-new build on an unmolested lot in Southold Town, we really do have to consider the environment in these situations. So the 75-foot setback line seems reasonable and it seems that you can get a pretty decent-sized house in there with that. MR. ANDERSON: Again, I'll have to talk to the property owner about the significant changes that he will have to okay. TRUSTEE KRUPSKI: Just to be fair, there are some different ideas. I mean, some people are speaking to 75 feet. Some are speaking to just a few. MR. ANDERSON: I understand. We always try to come to an agreeable plan that we have been making good on that thus far. I apologize that we were not able to satisfy all of your concerns. Again, we have taken into practical considerations as far as who is going to have to live here in the future, taking into account the overall, our experience with how these pier lines are applied, and of course every situation is different and worth making mention of. TRUSTEE GILLOOLY: The other thing about this lot is that it is very wide, so there is also the opportunity to park a car on the side of the house rather than the front of the house, if that means that the house can be a little closer to the road. The neighbors park on the side of the house, maybe the driveway can be on the side. MR. ANDERSON: It's my understanding if we flipped so the garage could be on the other side to increase setback there. As far as an approach for going to parking on the side, that would likely bring us with a net 30-foot non-work disturbance buffer zone. I mean, we can park the car by the garage, is the most typical -- TRUSTEE SEPENOSKI: How comfortable would you be with an extra 50-feet non-turf whole backyard to the fence, and then a structure conforming with the pier line to the neighboring living structure? MR. ANDERSON: Completely agreeable to that. But again, I have to check with the owner and make sure. I can't make decisions without his go ahead. But I can't imagine that would be much of a problem. TRUSTEE SEPENOSKI: Would you like to proceed with the hearing, given those stipulations? MR. ANDERSON: I think I would probably have to come back with some plans, so I'm fine tabling the hearing at this point. TRUSTEE KRUPSKI: Just to be clear, you want to speak with the owner before -- MR. ANDERSON: Yes, these are changes that will impact the overall. TRUSTEE KRUPSKI: Okay. TRUSTEE SEPENOSKI: Okay. Given those new developments, I make Board of Trustees 22 September 14, 2022 a motion to table this application. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 4, 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. The Trustees most recently conducted an inhouse review on September 7th, 2022, noting we did review the new plans stamped received in our office September 6th, 2022. The LWRP reviewed this application and found it to be inconsistent. The inconsistencies are as follows: Number one, landscaping wetland was inconsistent with Policy 6 of the LWRP. Number two, the proposal will remove valuable native plants adapted to the current growing conditions. Number three, the area should not be irrigated. Number four, the'as-built shed is inconsistent with Policy 6.3. The Conservation Advisory Council reviewed this application and resolved to support this application. Is there anyone here wishing to speak regarding this application? MR. ANDERSON: Yes, Robert Anderson, Suffolk Environmental Consulting, on behalf of the applicant. Speaking to some of the points referenced, we have stipulated in the plans that there will be temporary above-ground irrigation as per the request of the Board during field inspection during the month of August. We understand the landscaping within wetlands is non-permissible however in this case, these are unmapped wetlands by DEC. We have not had definitive proof of wetland conditions there, however we are proposing only to do native planting materials, and we have also added a stipulation within the most recent plan to only plant within the denuded areas so as to not disturb any of the passively revegetated native plants that are currently existing from the original clearing until now. Since that point we have had an increase in the growth of Bayberry as well as Low Bush Blueberry along the westerly side of the property. We are going to strive to maintain all of that because obviously being successful in its survivability and, like I said, we'll plant the denuded areas and we will not change our 2-to-1 replacement of woody material. We will maintain that as well and make sure that works regardless of how Board of Trustees 23 September 14, 2022 that has to be accomplished, so as not to disturb the native vegetation that we are required to put there. TRUSTEE GILLOOLY: So with that re-growth that you just mentioned, is there any current deer fencing on the property? MR. ANDERSON: No, there is not. We have stipulated for a temporary deer fencing to be put in to allow the chance for establishment of these plants within a two-to-three year period, 85% to 100% survivability rate. TRUSTEE GILLOOLY: As you have just mentioned, there has been some regrowth without the deer fencing, and most of the species that you mentioned here are not commonly eaten by deer, so is the deer fencing totally necessary? MR. ANDERSON: I-think it is. And in my experience working in the landscaping industry before doing this, I've seen deer eat everything. And we want to give this the best shot of being a successful planting. So I think that the deer fencing is absolutely necessary to make sure that these plants are able to survive. Deer have a habit of seeking things that are freshly planted and being curious about them, so they might be grazing just for curiosity purposes, so we would like to prevent both instances, and fence in, and in some cases depending on how large the area is, a larger area, and some cases individual trees to keep them from consuming canopy or rubbing against the bark. TRUSTEE GILLOOLY: Would you be open to, you indicated swapping the red fescue area with a different plant that you have in here? MR. ANDERSON: With any of the other plants work there, I would be happy to. TRUSTEE GILLOOLY: Any of the other ones. MR. ANDERSON: Okay, that's not a problem. TRUSTEE GILLOOLY: I think we were also wondering, there is a part of the plan that shows nothing, I believe that's where the phragmites currently are. Will there be any disturbance in this white area on the plan? MR. ANDERSON: No. We originally had that planned to be part of the landscaped area, but since comments in the field and coming to a fenced-in rear yard area, I believe we came to the conclusion it would need to be pulled back, I believe 14 feet, I want to say the number was, and providing for a ten-foot buffer extending, and running parallel with that seaward deck. So I'm just going to leave that as is. There's no point in disturbing what doesn't need to be disturbed. And I would also like to mention that our client is more than willing to take in any suggestions from the Board, we would like to get this resolved as quickly and as efficiently as possible. TRUSTEE PEEPLES: You have the note on here, you mentioned also about the deer fencing would allow for all the plantings to completely, you know, grow in healthy and have a higher success Board of Trustees 24 September 14, 2022 rate. Once they are planted, they are native to the area, would you be comfortable with this area becoming non-disturbance? MR. ANDERSOW I believe that we already put that on the plan, but absolutely, we would be more than happy with extending that. TRUSTEE PEEPLES: Okay, I just double-checked the plan before asking that question, and if you don't mind explaining where that is on the plan, please. MR. ANDERSON: We have wetland preservation area written over the hashed areas, wetland preservation over here. Fencing off, should be any kind, it is written on the plans, wetland preservation area, within the property. TRUSTEE PEEPLES: I was actually referring to what is going to be the proposed revegetated area. MR. ANDERSON: Okay, then I would be happy to extend the label over that area. Not a problem. TRUSTEE PEEPLES: That would be great. Thank you. TRUSTEE GILLOOLY: How long would you expect to keep the deer fencing; two years, three years? TRUSTEE PEEPLES: I would likely go with a shorter timeframe. There's plenty of white here, we irrigate, that will help immensely with getting roots set in. If you would like to shorten to a one-to-two year period for removal of the deer fence, I'm sure that will work as well. Some plants are very capable of establishing themselves within that period. TRUSTEE KRUPSKI: So I would just recommend, given the history of this application, that the Board would stipulate a final inspection of survivability and removal of the deer fence in. a two-year period before issuing a C of C and closing out the application. MR. ANDERSON: Final inspection in two years for survivability. TRUSTEE KRUPSKI: And to make sure that the deer fence is -- MR. ANDERSON: Perfectly fine. TRUSTEE GILLOOLY: Do you feel relatively confident with the changes we've requested? MR. ANDERSON: Of course, yes. TRUSTEE GILLOOLY: Are there any questions or comments from the Board or public? MR. KLEIN: Yes. I was just hanging back because I didn't want to interrupt. Marc Klein, neighbor 3595 Paradise Point Road. My wife couldn't be here. But we did submit something with regard to this and want to say we really appreciate the efforts that have gone into the remediation efforts. Did want to flag two things. One,was in one section on the plan it doesn't reflect the number of trees that are actually there, and it says existing mature evergreen and deciduous trees to remain. And I just want to clarify that "mature" can mean almost anything. We would like to preserve all trees, if possible. That seems like a reasonable request. And then a number of trees were seemingly chopped down on Board of Trustees 25 September 14, 2022 our side, between two and five, they were mature, we would love to consider that those be replaced in-kind. TRUSTEE GOLDSMITH: Just to speak on that, sir. With a non-disturbance, any trees that currently exist, stay. So they are not allowed to cut anything down going forward. Anything that is planted stays in perpetuity. So what is there is at minimum, and going forward, the re-vegetation, so from this point forward, nothing else can be touched. MR. ANDERSON: If I may also speak to that point. We got into this mess by cutting and it's obviously not going to be resolved by more cutting. So we have no intention of doing so. TRUSTEE GILLOOLY: What is the total number of trees you are proposing? MR. ANDERSON: 24. The original Trustee inspection as per the violation was in excess of ten. On this side 12. That was it. TRUSTEE SEPENOSKI: To the gentleman's second point about trees cut down on his property, the Trustees cannot get in the middle of, we can't require trees be replanted on someone else's property. However-- because that's a civil matter--we can require that trees be planted on the client's property in an area relatively close to where they would have been. MR. ANDERSON: I understand. Like I said, we are trying to get this done as quickly and efficiently as possible. There was an issue with some trees that were removed on his property, and I am more than certain that the client will be willing to replace anything that is marked within his property lines and replace that one-to-one ratio there. TRUSTEE GILLOOLY: Are there any other comments from the Board? (Negative response). MR. KLEIN: I was just going to say very quickly, the trees that were chopped down on our property do seem like they were right on the line. So, to your point, we don't want this to get into a civil matter at all. But if something can be done that sort of clumps them on that property, it would end up accomplishing basically the same thing. TRUSTEE PEEPLES: Thank you. We also care about the trees. TRUSTEE KRUPSKI: Just for clarification point. What was the LWRP's concern? Was it with the shed? TRUSTEE GILLOOLY: The as-built shed is inconsistent with Policy 6.3. TRUSTEE KRUPSKI: Okay. TRUSTEE GILLOOLY: Okay, hearing no further comments, I make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH_: All in favor? (ALL AYES). TRUSTEE GILLOOLY: I make a motion to approve this application as submitted, subject to new plans depicting a replacement of red fescue with an alternative species listed in your plan. The new plans should also depict a non-disturbance area for Board of Trustees 26 September 14, 2022 the entire area seaward of the fence. And it should depict 26 trees to make up for the two that were cut down on the neighbor's property. And subject to removal of deer fence and survivability check in two years, for inspection in two years. Two years from the date of the permit. Thereby with these amendments, bringing this project into consistency with the LWRP. That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. ANDERSON: Thank you, very much, for your time this evening. TRUSTEE PEEPLES: Number 5, 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, 67" 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. The Trustees have visited this site multiple times and have had multiple inhouse reviews. The most recent was on September 7th, noted inhouse review, will further review plans at work session. It appears that the most recent plans are stamped and dated September 2nd. We have a note here, an e-mail sent from Nick Marcinek, for NSA Architects, noting a new project description, dated Monday, August 15th, including additional square footage updates for the basement floor, the first floor, the second floor, the front porch, side porch, rear deck, driveway. And noting the sanitary IA system with leaching pools. The LWRP finds this application consistent. And the Conservation Advisory Council resolved to not support the application because the proposed setbacks are not in compliance with Chapter 275 of the Town Code. Proposed dwelling should be setback at least 100 feet from the wetland boundary. The requirements of an IA system and an impervious driveway. And this is dated January 12th, 2022, so we obviously have some updates to the plans since then. Is there anyone here who wishes to speak with regard to this application? MR. NEMSCHICK: Ray Nemschick, on behalf of the client. TRUSTEE PEEPLES: Good evening. NIR. NEMSCHICK: Good evening. TRUSTEE PEEPLES: Is there anything additional that you wish to add? MR. NEMSCHICK: As far as we met last time, I thought we resolved everything that the Trustees were asking for and I'm happy to answer any questions. TRUSTEE PEEPLES: Wonderful. Well, the new plans that we received , on September 2nd, it appears that we do have many of the Board of Trustees 27 September 14, 2022 modifications that were requested. So, thank you, very much, " for that. MR. NEMSCHICK: Sure. TRUSTEE PEEPLES: In particular, there is a very dark outline that indicates the limits of clearing and ground disturbance, and also notes that it will provide a split-rail fence along the wetland clearing limits. So that is much appreciated. We see the IA system also noted. The one thing that I noticed on here, it's in very small letters here at the bottom of the plan, notes the non-disturbance zone, which we have requested to the seaward side of that darkened boundary on the plan. The one request that I would have is that that possibly be noted larger on the plans, and more clearly noted. It doesn't stand out when you are looking at the plans that that is in fact non-disturbance seaward of that line of that split-rail fence. And that would be helpful if that were added. MR. NEMSCHICK: Just in that location? TRUSTEE PEEPLES: Yes. MR. NEMSCHICK: Sure, not a problem. TRUSTEE PEEPLES: I'm just confirming a couple of dimensions here on the plan. (Perusing). Are there any questions or comments from the Board while I'm reviewing this briefly? TRUSTEE KRUPSKI: No, just that this is a difficult lot and I do appreciate, I mean the way we got here was probably not the proper way, but I do appreciate you working with the Board to try to conform to the environmental, appropriate standards and best practices. MR. NEMSCHICK: Absolutely. We are happy to. TRUSTEE PEEPLES: Any other questions or comment? (Negative response). Anyone wish to speak to this application? (Negative response). I do just want to make a brief statement. While this Board has taken measures to reduce the environmental impact from this property on the wetlands, there is still a responsibility on the property owner and any future owners of this'site. We are increasingly seeing undeveloped sites in the proposed building envelope. And while building on the lot is possible, it does not always"mean that it is in the best interest of the site or for the Town for it to be developed. It should not be taken lightly that this Board seems inclined to grant this permit. During the lengthy process that has resulted in where we are today, I believe as one Trustee that initially we were presented with ill-conceived plans. Additionally, an undue burden was placed on this Board to assist the client in arriving on the final plans and project description that we have in front Board of Trustees 28 September 14, 2022 of us today. I would ask that the environmental concerns expressed by this Board will be heeded in perpetuity and addressed in the most strenuous way by both your client and any future owners of the property. With that said, I do appreciate everything that you have done along this process in order to comply with the request of the Board. With that, are there any other questions or comments from the Board? (Negative response). With that, hearing no further comments, I'll make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application with the request that plans that are submitted do note that a non-disturbance area seaward of the clearing line and the split-rail fence is prominently noted. And with that, that's my motion. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Thank you, very much. MR. NEMSCHICK: Thank you. TRUSTEE GOLDSMITH: Number 6, 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 dwelling will be using the same foundation and first floor deck of existing dwelling with additions to the east and north; construct a proposed 10.6'x29' covered porch with a 10.6'x29' second-story balcony above; a proposed 14.6'x26.4' patio on east side and partially covered by a second story bump-out; construct a 5'x8.6' covered front porch; and for the existing 7.10'x12.4' shed landward of dwelling to remain. Located: 6190 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-128-2-5. The LWRP found this to be consistent. The Conservation Advisory Council inspected the property, however they were unable to make a recommendation until a determination is made by the Zoning Board of Appeals. We do have a ZBA determination in the file, October 18th, 2021, granting the variance with the only condition being an I/A OWTS. The Trustees most recently conducted an inhouse review September 7th, noting receipt of new plans. So we do have new Board of Trustees 29 September 14, 2022 plans in the file here, stamped received August 24th, 2022, that depict the pier line that we previously requested. However, on one note the pier line is slightly off because he was using the edge of the deck from a neighboring property as opposed to the living structure. Is there anyone here wishing to.speak regarding this application? MR. THOMAS: Good evening, Chuck Thomas, Architect, representing the owner Mary Hoeltzel. Just to touch on,the pier line, if I were to have used the property's main structure instead of the porch, I would be able to move the house two feet closer to the water. I took the absolute worst-case.scenario of the two feet, so I can move the house two feet closer to the water if I adjust the pier line. TRUSTEE GOLDSMITH: I think we are good. Anyone else here wishing to speak regarding this application? (No response). I just want to note the project does include an I/A OWTS. MR. THOMAS: Yes, it does TRUSTEE GOLDSMITH: Any questions or comments from the Board? (Negative response). TRUSTEE GOLDSMITH: Hearing none, I'll make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I'll make a motion to approve this application with the new plans stamped received August 24th, 2022. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. THOMAS: Thank you, very much. TRUSTEE KRUPSKI: Number seven, ROBERTS PREMIER DEVELOPMENT, LLC requests a Wetland Permit to construct a proposed two-story dwelling with 2,730sq.ft. of living space; a 505sq.ft. attached garage; a 268sq.ft. front covered entry; a 230sq.ft. rear covered entry; install a Fuji cen-5 I/A sanitary system landward of dwelling; install a driveway; install three (3) drywells to contain roof runoff; and to install and perpetually maintain a 10'wide non-turf buffer along the landward edge of the tidal wetlands. Located: 910 Glenn Road, Southold. SCTM# 1000-78-2-27 The Trustees most recently visited the site on the 7th of September, and then again by Trustee Peeples, noted that the applicant should submit new plans showing a 25-foot non-disturbance buffer with a four-foot access path to the dock, and to depict the pier line of adjacent houses. The LWRP coordinator found this to be consistent. And the Conservation Advisory Council resolved to support the application. Board of Trustees 30 September 14, 2022 I should also note that there is a letter in the file from a neighbor adjacent to the, immediately adjacent to the property, discussing concerns of a wire fence and a potential disputed property line. Is there anyone here that wishes to speak regarding this application? MR. ROBERTS: Dave Roberts, on behalf of the applicant, just to answer any questions you might have. TRUSTEE KRUPSKI: I appreciate you getting us the new plans. We obviously spoke briefly in the field about that. So, we have the concern from the neighbor about the fence. The fence,doesn't really impact our decision, but it just should be noted that, you know, the Trustees don't take a stance on property lines. I'm not sure who owns the fence or where exactly the line is there. .But, I mean, certainly any determination here or future meetings about this property that that fence has no bearing. MR. ROBERTS: Okay. TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak regarding this application, or any comments from the Board? (No response). Hearing none, I make a motion to close the hearing on this application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I'll make a motion to approve this application with the plans submitted stamped received September 9th, 2022, depicting a 25-foot non-disturbance buffer, and four-foot access. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: Number 8, David W. Kilbride on behalf of KATHLEEN B. KILBRIDE FAMILY TRUST requests a Wetland Permit to replace in place 100' of failing permitted bulkhead, constructed 18" higher than existing using vinyl sheathing, 10" piles 6' on center, three 6"x6" timber whalers, one inch tie rods leading to horizontal lay-logs with vertical deadmen and fiberglass grating cap; install new 12' return along south property line; remove and replace in place existing permitted 7'x5' cantilevered stair deck; reinstall existing 4'x16' retractable aluminum beach stairs; remove and replace in place existing permitted 11'x28' deck on new pilings, not attached to bulkhead; raise non-turf buffer at bulkhead grade level by 18" by using 50 cubic yards of clean fill from an approved off-site source and restore the non-turf buffer vegetation. Located: 9045 Nassau-Point Road, Cutchogue. SCTM# 1000-118-4-14.1 Trustee Krupski most recently visited the site on the 7th of September, 2022. Notes read: straightforward. Recommend Board of Trustees 31 September 14, 2022 replanting Cape American beach grass. The LWRP found the project to be consistent. And the Conservation Advisory Council resolved to support the application. We are in receipt of plans stamped July 20th, 2022. Is there anyone here who wishes to speak to this application? MR. KILBRIDE: Hi. Jake Kilbride, homeowner. I'm happy to answer any questions. TRUSTEE SEPENOSKI: The only question I have, Mr. Kilbride, is if you are comfortable meeting Trustee Krupski's concerns about replanting with Cape American beach grass after disturbance in the areas. MR. KILBRIDE: No problem. The non-disturbance landward of that is all native. Where the digging will be is where the grass is. So that will all be replanted. Some of it, actually, the last couple of years, has not held. There's a lot of bare spots. We replanted that two or three times. I'm not sure why. We tried. But we'll try again. Thank you. TRUSTEE SEPENOSKI: Thank you. I appreciate that. All right, I'll make a motion to close this application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH:All in favor? (ALL AYES). TRUSTEE SEPENOSKI: I'll make a motion to approve this application stipulating replant with Cape American.beach grass in the area of disturbance. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 9, David Bergen on behalf of JOAN M. KEATING APRT, c/o STANLEY J. KEATING requests a Wetland Permit to replace in place approximately 102 feet of failing, permitted bulkhead constructed 18" higher than existing using vinyl sheathing, 10" diameter piles 6' on center, three 6"x6" timber whalers, one inch tie rods leading to horizontal lay-logs with vertical deadmen, and fiberglass cap; remove and replace existing permitted 4'x5'6" cantilevered deck plus 3'x11' retractable aluminum stairs (adding one step to ground), and existing stair hoist; remove and replace in place post construction existing permitted 10'x10' deck on new pilings, not attached to bulkhead; raise non-turf buffer at bulkhead grade by 18" with 50 cubic yards of clean fill from an approved site source; and to restore the non-turf buffer. Located: 9275 Nassau Point Road, Cutchogue. SCTM# 1000-118-4-14.2 Trustee Krupski most recently visited the site on September 7th, 2022, noting it is straightforward, and recommending replanting with Cape American beach grass. The LWRP reviewed this project and found it to be consistent. And the Conservation Advisory Council resolved to support Board of Trustees 32 September 14, 2022 the application. Is there anyone here wishing to speak regarding this? MR. BERGEN: Dave Bergen, on behalf of the Keating Trust. It's pretty straightforward. I just want to note on the record, we already have the DEC permit for this, and we already have the go ahead from the Army Corps of Engineers for this project. And we would be willing to replant any disturbed areas with Cape American beach grass TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak regarding this application? (Negative response). Any questions or comments from the Board? (No response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: I make motion to approve this application with the condition that Cape American beach grass be replenished in the areas where it is disturbed. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. BERGEN: Thank you. TRUSTEE PEEPLES: Number 10, Michael Macrina, Architect on behalf of RICHARD & GINA BONATI requests a Wetland Permit for the existing 30'x40' two-story dwelling, existing seaward side wood landing with steps leading to existing 32'x20' (640sq.ft.) uncovered deck on grade with a bbq area; existing 4'x8' (32sq.ft.) outdoor shower; existing 9'x12.4' (104sq.ft.) shed; and existing stepping stones (4sq.ft. each); remove existing bilco door (crawl space entry) and a/c unit; construct a proposed 17'x17' (282sq.ft.) two-story addition onto the east side of dwelling, reinstall existing 5.5'x8' Bilco door and 3'x3' a/c unit; and install one (1) drywell for the new addition. Located: 1315 Watersedge Way, Southold. SCTM# 1000-88-5-68 The Trustees most recently visited the property during site inspections, field inspections, on September 7th, and noted that the property was not staked and not posted. That was rectified and Trustee Peeples, myself, visited the property on September 11th, at 4:15 in the afternoon, and I noted it was straightforward. When I got there, it had been posted and staked and in fact spray painted on the grass, which was very much appreciated. So, thank you, very much. The plans that I have here are stamped and dated August 26th, 2022. J The LWRP found that this project is consistent. And the Conservation Advisory Council resolved to support Board of Trustees 33 September 14, 2022 the application. Is there anyone here who wishes to speak in regard to this Application? MR. MACRINA: My name is Mike Macrina, I'm the architect for my clients. I'm here to answer any questions if you have. Also to hand the posting affidavit. TRUSTEE KRUPSKI: You can you hand that to the clerk. Thank you. TRUSTEE PEEPLES: Thank you. Is there anyone else who wishes to speak? (No response). Any questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to close this hearing. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I'll make a motion to approve this.application with the plans stamped and dated August 26th, 2022. That's my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. MACRINA: Thank you, very much. TRUSTEE PEEPLES: Thank you. Have a good evening. TRUSTEE GOLDSMITH: Number 11, Jason Michael Fay on behalf of SAMUEL & REBECCA LISSNER requests a Wetland Permit to demolish' existing garage, non-conforming shed, rear paths on grade, rear brick steps, brick pool deck, two front stone stoops, asphalt driveway, and existing two-story dwelling (project meets Town Code definition of demolition); construct new two-story dwelling with a t1,500sq.ft. footprint on existing foundation to remain; construct a 23.8'x50.6' (1,1 95sq.ft.) two-story addition; construct a new 12.4'x14.9' (182sq.ft.) first floor over existing first floor; install new 4.4'x10.11' (48sq.ft.) basement stair; construct new 4'x8.4' (34sq.ft.), 5'x11' (55sq.ft.), and 5'x14.9' (74sq.ft.) rear wood decks/stoops off of dwelling; install new 46sq.ft. front stone stoop; install new 1,228sq.ft. of new stone pool deck on grade; for the existing 795sq.ft. pool and coping and to replace liner and coping; replace and relocate 24sq.ft. pool equipment area; install 117sq.ft. of front stone walkway on grade; install 115sq.ft. of new rear stone walkway on grade; install new solid wood gates and pool enclosure fencing around property; install a 30sq.ft. trash enclosure; install 6,492sq.ft. of new gravel driveway; install a new I/A sanitary system landward of dwelling; install gutters to leaders to drywells; and install a new geothermal HVAC. Located: 3925 Soundview Avenue, Mattituck. SCTM# 1000-94-3-1.10 The LWRP found this to be consistent, noting the required vegetated non-buffer seaward of the Coastal Erosion Hazard Area. Board of Trustees 34 September 14, 2022 No boulders naturally occurring in the beach so they are using the revetment. The Conservation Advisory Council resolved to support the application. The Trustees conducted a field inspection September 7th, noting that the adjacent houses should be shown on the plans, as . well as a 20=foot vegetated non-turf buffer at the top of the bluff. Is there anyone here wishing to speak regarding this application? MR. FAY: Jason Fay, here to answer any questions. This is the first time I heard about the adjacent houses. TRUSTEE GOLDSMITH: So that was to establish the pier line. Since this is considered a demolition, we want to make sure that your reconstructed house does not go further seaward than the pier line. I believe somebody was sending us new plans that got stuck in the UPS? MR. FAY: Yes, I have small-scale printed ones with just the buffer. This is the first, I only heard the buffer with the e-mail yesterday morning. TRUSTEE GOLDSMITH: Looking at the aerial -- MR. FAY: We are--from the hundred-foot setback from top of bluff, everything we are doing is clearly marked on the drawings, is within the existing footprint of what is there.. So it's very clear that we are not going anything seaward. And we are removing structures that were asked to be removed by the ZBA. So I don't-- TRUSTEE GOLDSMITH: So, yes, as you can see on the screen, that you are landward of the pier line of the neighboring two houses, so that should not be an issue. With the new plans that you are going to submit, moving that proposed pool fence one-foot further landward and establishing the non-turf buffer seaward of that, which would also match what the LWRP recommended. And then one other question while we were out there, obviously that deck is a big issue. MR. FAY: That's with the DEC right now. We are submitting it under a separate application. So that is not part of the architectural project. It's part of the, they are going to fully restore the bluff. TRUSTEE GOLDSMITH: Okay. Is there anyone else here wishing to speak regarding this application? (Negative response). Any other questions or comments from the Board? TRUSTEE GILLOOLY: I would just like to state for the record, that what we see at the edge of the bluff, we have looked at aerials over the years, and this is almost a very good cautionary tail for why you should not put structures close to the edge of the bluff, because you can clearly see over time the runoff has completely eroded the bluff in that area. Board of Trustees 35 September 14, 2022 MR. FAY: That was there when my clients bought the house. MS. GILLOOLY: Yes. And I think it's noting that that is what happens when structures are placed that close to the bluff. TRUSTEE GOLDSMITH: Any other questions or comments? (Negative response). Hearing non; I make a motion to close the hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion to approve this application with the condition the proposed pool fence be pulled 20 feet further landward, and that the vegetated non-turf buffer be established seaward of that fence, and new plans submitted depicting the changes. That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. FAY: Thank you. TRUSTEE GILLOOLY: Thank you. TRUSTEE KRUPSKI: Number 12, Mike Kimack on behalf of SCOTT & PATRICIA PASKEWITZ requests a Wetland Permit to construct a 4'x136' catwalk using Thru-Flow decking with six (6) pair of 4"x4" Epai O/E pilings set 8' on center with cross ties for the first 44' and thirteen (13) pair of 8" diameter pressure treating pilings installed a minimum of 3' above catwalk set at 8' on center; a 3'x10' aluminum ramp; and a 6'x20' floating dock with marine grade decking situated in an "I" configuration set six (6) feet from catwalk and secured with one (1) anchor piling and one (1) dolphin piling. Located: 1475 Waterview Drive, Southold. SCTM# 1000-78-7-20 The Trustees most recently visited the property on the 7th of September and noted they are unable to establish a pier line from the dock, mostly due to the change in shoreline. Might be most appropriate to supply dimensions for neighboring docks. The path to the wetlands should only be four-foot wide, looking for re-vegetation there. The LWRP found this to be inconsistent. The applicant has not demonstrated the following dock standards pursuant to Chapter 275-11: Construction/operation standards have been met. The pier line is not shown. The plans are deficient. Whether the dock will unduly interfere with the public use of the waterway, swimming, boating, fishing, shellfishing, etcetera. Decreases public use of bottom lands nearshore area. Whether the dock proposed, degradation of surface area, water quality and natural resources; whether the cumulative impact of the residential commercial dock will change the waterway or the.environment. The dock structure will ultimately result in a net decrease in public access to public underwater lands. The Conservation Advisory Council resolved to support the Board of Trustees 36 September 14, 2022 application, however there.is concern with the depth of the water and the size of the vessel. It should also be noted that there is a letter in the file which they requested to be read into the hearing and has already been reviewed by the Board. It is without a doubt that the proposal is way out of line ethically and environmentally. We must object being the adjacent property owner. There are several serious concerns not only for us but for everyone who has property to Goose Creek and those who navigate the creek for peaceful pleasure. Major objections and concerns: Elevated catwalk and dock are too close to my property. How will this affect my wanting a dock. How will it affect the wetlands. Catwalk structure is too long. J Structure over wetland marsh. Dock and ramp are.insanely too long protruding into creek. It will be like looking at the Triborough Bridge, totally out of character for the serene Goose Creek., It continues in that manner. This is from the neighbor Joseph M. Petruzziello Family Trust and Jo Ann Petruzziello, co-trustee forwarded to us by Heather Lanza, Town Planning Director. It should also be noted that we were in contact with a member of the Department of Public Works in the Town, the issue of Town property neighboring this, and questions with the size of this dock limiting public use. Is there anyone here wishing to speak regarding this application? MR. KIMACK: Michael Kimack, on behalf of the applicant. The two points that you made, and I knew this was going to be forthcoming, having visited this before. I apologize not being able to be with you on the date. But I had just picked up the packet and had another mailing to do the same date, which was a posting of the property. There really is not a pier line that we could basically, that's one of the reasons I got the aerials for you. It's a little bit more clear. The property to the west, if you took those three lines, they actually dive right into the canal property there. The property to the east. If you take the line along all of the existing docks, they dive in, and there is a vacant piece of property directly to the west, so there is really no way to establish a pier line. Which means that the guiding factors here are, in a sense we go to the DEC requirement of being no more than 25% across, even though you have 33%. We always use 25. And tried to get to two-and-a-half feet of water in order to have enough depth so that the motor doesn't chuck up the bottom. That's what the dock achieves in doing. We do have a DEC permit application in, obviously have not received any comments back. But the reason I wanted to show you this particular picture is because it shows you both the fact that we don't have a pier line to go by, and the other guiding factor is that the land directly across, we are only 25% across. So we meet your requirements, primarily. And we are just getting Board of Trustees 37 September 14, 2022 out to two-and-a-half feet of water. That was one of the reasons we had to go out,that far. And I would hope and expect that the Board would encourage that where it was feasible, and where you were within the 25%, that achieving the two-and-a-half feet is something that you look forward to in order to make sure that any boat getting in there, that is a motorized boat that you saw out there, would not impact on the bottom, at the two-and-a-half feet. TRUSTEE KRUPSKI: Can you speak to plans showing re-vegetation of the path? MR. KIMACK: We could. It's interesting with that particular piece of property, I went back, I looked back about 20 years worth of photos, Nick, the phragmites, basically, it's a big piece of property, at one time was an extra hundred feet in from the original photos. And like most things, they don't keep it cutting, and now it just grew back again. And I suggested to the fellow, that he try to maintain that line but it began to be closer to where it is right now. He did cut a wide path through there. We can narrow that down to four feet. That's not an issue. TRUSTEE KRUPSKI: Thank you. In terms of the dock length, as I said earlier, the Board recognizes that you can't establish a normal pier line between the two neighboring properties. MR. KIMACK: Not with this piece of property. TRUSTEE KRUPSKI: However, as with multiple properties on this creek, sometimes you just don't have the depth for a float. And it would appear, to myself at least, that we are looking at neighboring docks, and the neighboring, the closer structures to this, that you are closer to a 40-foot fixed catwalk with no float than what was proposed, so -- MR. KIMACK: Under what basis? TRUSTEE KRUPSKI: I mean, there has been a pretty solid precedent, when you can't establish a pier line, looking at the other docks in the area at the creek. MR. KIMACK: The other docks are not going out, they probably don't have the depth at low water tide, nor will the boat float. TRUSTEE KRUPSKI: I will say, and without going into a back and -forth on this, I for one, and I believe the Board agrees with the concerns of the LWRP coordinator, about public access, public use, navigational hazards, environmental concerns. So I guess my question for you is based off the LWRP report and the opinion of the Board on the matter, do you want to proceed with the hearing? MR. KIMACK: In essence, you are saying if I proceed with the proceeding, I may get a denial, which means without prejudice. And I could resubmit another drawing, but I would have to go all through the application. TRUSTEE KRUPSKI: I can't speak to how the other four members would vote -- MR. KIMACK: You don't have to. TRUSTEE KRUPSKI: But certainly where I would be leaning -- Board of Trustees 38 September 14, 2022 MR. KIMACK: I would, basically, I already made my comments. It's difficult when you deal with the policy issues that the Board deals with. Because each piece of property is becoming an individual, when you look at it, and try to apply these policies, they always don't fit. Now we, I think we established in this case we don't have a pier line to go by. We meet the 25% across. We meet the right depth. But your concern is that somehow because none of the other properties go out that far, that all of the other boats probably are going to be, probably at low tide at best, because if they are that close to the shoreline, given the fact the shoreline crosses the easement, and we did the soundings, and that's where the two-and-a-half feet is. So if you look at it, all these other docks probably are short in terms of not getting out to the two-and-a-half feet. They don't have that kind of water. They may have floating docks, I don't know. So that would be a violation of what you would try to do is not have floating docks in less than two-and-a-half feet of water I mean, your alternative is a subjective one on your part. In essence it becomes an application of policy that tries to fit a piece of property where in fact we are meeting the obligations of the Board. We don't have a pier line, we are meeting the 25%, we're meeting the two-and-a-half feet. TRUSTEE KRUPSKI: I would disagree. And again, we are not going to have a back and forth on this. But a major part of this Board's job is look out for public use and public access, and not just a single application and single homeowner in the Town of Southold. MR. KIMACK: We're not dealing -- public access, you always said, is 25%. TRUSTEE KRUPSKI: That is one of the criteria that the Board observes. But again, would you like to proceed with the public hearing or not, basically? MR. KIMACK: I think given what you have just said,basically, and knowing full well your temperament is basically once you said something is a recommendation it becomes more of a mandate. I'll probably ask for a consideration to table at the present time, and then we can perhaps have a site visit again, and I could be present and we take a look and come up with what you think with that site meets your requirements. Either policy or, expressed or implied, whatever they may be. TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak regarding this application? (No response). Or any questions or comments from members of the Board? TRUSTEE GILLOOLY: I would just say that it is a matter of policy of the Board of Trustees that a pier line can also be, I think that when we don't have a pier line of the two adjacent neighbors, we do look at the adjacent structures, the adjacent Board of Trustees 39 September 14, 2022 docks. So providing that information to us of what the neighboring docks are, the.length of those docks would be a useful piece of information for this Board. MR. KIMACK: I think the difficulty, and I agree with you to that extent. Because we've looked at it before, I've certainly done enough of these before that that is one of the considerations. That probably all those docks, if they were going to be built today, and none of them were there, with no pier lines, they would be extended out further in order to meet your two-and-a-half feet. TRUSTEE KRUPSKI: We can't speak about theoreticals. And also if there were no docks there, I would not be voting for a dock there. I'll be completely honest with you. TRUSTEE GILLOOLY: Also, I don't think there is a mandate for floating docks. TRUSTEE KRUPSKI: I make a motion to table this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: Number 13, Young &Young on behalf of NEIL CURRIE requests a Wetland Permit to demolish and remove the existing 585sq.ft. dwelling and 83sq.ft. utility shed and construct a new proposed 1,341sq.ft. two-story dwelling with a 259sq.ft. covered porch; a 168sq.ft. wood deck; a 30sq.ft. entry landing and stairs; a 34sq.ft. egress window; a 16sq.ft. outdoor shower; existing 89sq.ft. Frame shed to remain; install two (2) new 8' diameter by 4' deep drywells for roof runoff; remove existing sewage disposal system and install a new I/A OWTS sewage disposal system consisting of one (1) 500 gallon treatment unit and three (3) 8.5' long by 4.0' wide by 4.0' deep sanitary leaching galleys. Located: 1175 Champlin Place, Greenport. SCTM# 1000-34-4-15 The Trustees visited this site during field inspections on September 7th, 2022. Notes from that visit read: Increase non-turf buffer along wetland side of the property. Pull structure back to within existing structure footprint. The LWRP found this to be consistent. - The Conservation Advisory Council did not make an inspection, therefore no recommendation was made. We did receive plans stamped September 12th, 2022. Are there any comments from the public? MR. WOLPERT: Good evening, members of the Board and staff. Thomas Wolpert of Young &Young, representing the applicant Neil Currie who was with us at the site inspection but unfortunately is home recovering from an illness. Following the site inspection and receipt of the comments from various members of the Board, we revised the plans to increase the buffer from ten feet to 15 feet on the seaward side of the house. And we also shifted the house northerly by two Board of Trustees 40 September 14, 2022 feet to assure we were no closer to the wetland than the living portion of the existing structure. With regard to permits and approvals, we do have a DEC permit that was issued on April 8th. And we also have a pending application with the Suffolk County Department of Health Services for construction of water supply and sewage disposal. And the proposed sewage disposal is an onsite wastewater treatment system, I/A OWTS. That Health Department review is complete pending receipt of a permit from this Board. TRUSTEE SEPENOSKI: Thank you. I think the only suggestion that I would like to see for this application is that given its location, a small, non-traditional lot, so close in proximity to the wetland, would have a non-turf designation on the entire lot. So the structure location is fine, I appreciate you moving it. We would like to not see grass, turf, on the entire lot. Most of it is wooded, as you know. So it's already amenable to that. MR. WOLPERT: Yes. If you are talking non-turf, but not non-disturbance, and allow to, fire hazard area, and we left it to revert to natural vegetation. So, yes, we are amenable to that non-turf on the entire property outside of the 15-foot wide non-disturbance, non-turf area as already shown on the plan. TRUSTEE SEPENOSKI: Very good. Anyone else? Members the public who would like to speak? MR. MALTESE: Hi. Peter Maltese, I live at 506 Bailey, right behind the proposed house that they want to build. I want don't object to the house. I've lived there for nine years, and it's been vacant. A lot of people come and look at it, to build on it, it seems like it must be a difficult property to build on, as you can see. A couple of questions about the private road that is there. There is a lot of very, very tall trees there. I want to make sure they stay. You know. Also, the height of the house, how high is it going to be? It's going to be two stories, but how high?And will there be a basement. And also, if the property is going to be hard to build, get a permit to build a house on, then why doesn't the land trust just buy the property back and incorporate it into the existing property the land trust owns now? It just seems there's people back,there hanging out, drinking -- TRUSTEE GOLDSMITH: We can't comment on anything about the land trust. MR. MALTESE: Okay. TRUSTEE KRUPSKI: I have the same question, but I don't know the answer to it. MR. MALTESE: Oh, okay. It just seems kind of strange because people hang out there, sometimes just sleep on the property. I see like alcohol cans there and stuff. So that's my main. I would love to have somebody live there, it would be nice, but if Board of Trustees 41 September 14, 2022 the property is deemed un-buildable, maybe, whatever. That's my, thank you, very much. TRUSTEE GILLOOLY: Thank you. TRUSTEE SEPENOSKI: All right, any comments from the Board? TRUSTEE KRUPSKI: Speaking to the gentleman who just spoke, I mean, keeping the, all remaining trees possible on the property, I think would be the most appropriate. MS. WILLUMSTAD: Hi, Laura Willumstad, I live right next door to Peter. Do we know how tall the house is? I couldn't make it out from the plans. TRUSTEE SEPENOSKI: Mr. Wolpert, are you able to speak to that? TRUSTEE KRUPSKI: You have to speak to the Board, obviously. If you can answer that, sure. MR. WOLPERT: Well, the height of the house is shown on the architectural plans that were submitted as part of this application. I don't happen to have a copy with me right now, but this is, the house would conform with the maximum building height for two-story structures. TRUSTEE SEPENOSKI: The house as indicated on the plans is 34'10", however it's not within the Trustee purview to limit-- MS. WILLUMSTAD: 34 feet? MS.'HULSE: I'm sorry, this is a building issue. This has nothing to do with the Trustees. The Trustees can't make any representations regarding that. Thank you. TRUSTEE SEPENOSKI: Are there any other 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 SEPENOSKI: I'll make a motion to approve this application stipulating a non-turf buffer outside of the building envelope, and trees outside the building envelope to remain on the entirety of the property. That's my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. WOLPERT: Thank you, for your time. Have a good evening. TRUSTEE GILLOOLY: Number 14, Jeffrey Patanjo on behalf of DAVID & HELEN LEIS requests a Wetland Permit for the as-built (per Emergency Permit#9584E) removal and replacement of existing sanitary system with a new I/A type in a further landward location than existing; and to install a proposed second story 9'3"x13'4" deck with step to ground. Located: 1150 Grand Avenue, Mattituck. SCTM# 1000-107-8-44.1 The Board most recently visited the site on September 7th, 2022, noting that the application is straightforward. The LWRP reviewed this application and found it to be Board of Trustees 42 September 14, 2022 consistent. And the Conservation Advisory Council resolved to support it. Is there anyone here wishing to speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. Any questions, I would be happy to answer it. . TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak regarding this application? (No 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 GILLOOLY: I make a motion to approve this application as submitted. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Number 15, 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 The Trustees visited this site multiple times. The first time it was not staked. The most recent time we revisited on September 7th, and noted, the Trustees notes are to review the previous permit history, navigational concerns presented, and that this property and this application, the area is currently an essential untouched habitat. I have here plans stamped and dated September 7th. I also have a hydrographic map stamped and dated July 27th, and a survey stamped and dated June 13th. The LWRP noted this application is inconsistent, stating the following: 9.3, preserve the public interest in use of lands and waters held in public trust by the state and the Town of Southold. One, environmental impact: The proposed 193-foot long dock structure would be susceptible to storm damage and/or ice. Adverse impact and loss of intertidal vegetation will occur from the construction of the dock. The disposal of sanitary waste on board the vessel has not been identified. Number two, the values of the Peconic Bay and environs are high. The application does not discuss potential impacts to natural resources, public recreation or commerce, including aquaculture to the action. An active aquaculture farm is located Board of Trustees 43 September 14, 2022 at the Goose Creek Inlet. Number three, the proposed dock appears to be excessive. Areas where deep water for vessels cannot be reached that would support a vessel are not appropriate for a dock. Alternative methods for mooring a vessel are recommended. Number four, the private 193-foot long dock structure would impede navigation of vessels, public use of public waters along the nearshore. Vessels would be forced to upright or on the dock structure are seaward of the dock structure. Number five, the construction of the dock structure in public waters removes and/or hinders the public use waters and bottom lands of where the dock structure is located. The natural resources transferred from the construction of A permanent private dock structure would be included in the area that the dock occupies. The recreational and commercial use of these natural resources would be extinguished. Number six, the private residential use not water-dependent. However recreational boating requires water access, for example, mooring public boat ramp. A mooring could be established off this location. Moorings could be designated to mitigate harmful impacts and are temporary. Number seven, the private dock structure would remove the area occupied by the dock structure, and vessels from public use including commercial uses that vary in Goose Creek. Number eight, the proposed private dock structure in this location would extend into public trust waters, resulting in a net decrease in public access to public underwater lands in the nearshore area. 9.4(e), number one. Private dock structures extending into public trust lands and waters obstructs public use of navigable waters and other public use in an area where the dock is located and does not meet this policy. And, additionally, the Conservation Advisory Council resolved to not support this application because the overall length of the docking facility exceeds one-third across the width of the creek and extends beyond the pier line. -Is there anyone here who wishes to speak in regard to this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. I do have a New York State DEC Permit that was obtained on September 8th. I would like to present that. I only have one copy, unfortunately. I would like to present that to the Clerk. And I would like to gain the comments from the Board for this application, prior to postponing this application to make some revisions, because apparently there's a couple of issues associated with this proposed dock. TRUSTEE PEEPLES: Thank you, for coming today. There are some concerns that the Board has and I personally Board of Trustees 44 September 14, 2022 as one Trustee have as well. First of all, in just looking at the plans here that are dated September 7th, you do have a pier line on here, which is appreciated, however it's in an unusual location because the dock, the contour of the shoreline is not necessarily relevant. It's due to the contour and then the further extension of the length of the dock. This.property does have a history, a permitting ,history, and there was a previous denial of the application. MR. PATANJO: I was unaware of that, going into it. I understand that the proposed dock as you see on the revised plans that we had sent out, extended out further, which is in conformity with the permitted DEC permit. I think it's 244 feet, if I'm not mistaken, on the revised. TRUSTEE PEEPLES: The overall length is 244, yes., MR. PATANJO: Yes. So what we did is the DEC had asked to extend the proposed pier or catwalk, dock, whatever you want to call it, an additional 60 feet into landward to get over the wetlands. So we had done that at the request of the DEC. The water depth, and this is very similar to the application that Mr. Kimack had just presented to you, with the pier line on a radius area, in projecting out island area, where there is water going around the radius of the land, there is no specific pier line because there is no piers to the south side or the east, the west side of it. So you can't really technically establish a pier line because there is no piers to the other opposite side. TRUSTEE PEEPLES: I would be in agreement with that. And I think therefore that actually causes additional concern for me. Because not only is the contour of that shoreline protruding into the creek but then this dock is protruding even further, and it has been increased in length. So, you know, this area, while you reference the previous application, we don't like to compare applications, because that is not relevant. They are all kind of their own. I would say_this particular property is quite unique. It really does have a fairly untouched, environmentally sensitive habitat, and so adding additional structure to something that does not have any structure there just, it seems like it would cause quite a bit of harm, essentially. And, you know, it's sensitive wetland habitat, adding this structure will not only have, potentially negative impacts on the habitat, but it also could impede navigation, because, like you mentioned, it is even further extended. And you would have to speak to the LWRP, having aquaculture activity, commercial activity in this area, there is a lot of recreational and commercial uses in this location. MR. PATANJO: The extension, as you say, didn't go more seaward. The extension of the dock, based on multiple applications, extended more landward to avoid any conflicts with any of the existing vegetated wetlands in that area. So we extended the Board of Trustees 45 September 14, 2022 actual proposed dock, catwalk, I should say, because it's over the wetlands, further landward. So that is where the extension occurred. It didn't occur any further into the seaward side. So we still kept, if you look at the elevation wise, 2.5 feet, which is the 30 inches of water at low tide. It didn't extend any further into the waterbody. It extended further into the landward side. TRUSTEE PEEPLES: Thank you, for clarifying. While there is not a dimension on here, it's the overall of 244, it is about half of it looks like catwalk and about half of it looks like dock, so. MR. PATANJO: Correct. So it extends landward. TRUSTEE PEEPLES: It extend landward toward -- MR. PATANJO: There is a considerable amount of wetlands in that area. Over the wetland area is all going to be through-flow decking. And it's going to be at the requirement for the Army Corps of Engineers and DEC, which is 4.5 feet above the wetland elevation from the bottom of the structure, which is in conformance with their requirements. TRUSTEE GOLDSMITH: Mr. Patanjo, maybe it's unclear to me, are there any other 244' docks in this general area? MR. PATANJO: When you say 244', you are putting it into a precedence of thinking the whole entire dock is 244' into the waterbody. This one traverses over 144, or even more than that, of wetlands, which is no more than a catwalk traversing that area. It doesn't extend out into the water body by that far. TRUSTEE GOLDSMITH: Okay, then are there many 120-foot docks extending into the waterway in this general area? MR. PATANJO: I would have to do an analysis of that to determine how far out they go. And, again, like Mr. Kimack said on the last application, they could be non-conforming docks, there could be docks that at low tide they sit on the bottom and cause destruction. So this dock right here meets the requirements of the New York State DEC. I don't believe Chapter 275 of the Town of Southold code calls out that you actually need 30 inches of water at low tide. I don't know if that was amended or codified to actually indicate that. That is an actual code developed by New York State DEC. They allow a chocking of a dock to maintain 30 inches off the water at low tide. So as far as it goes for 30 inches, that is a DEC requirement, not necessarily a Town of Southold Trustees requirement. TRUSTEE GOLDSMITH: So I'm sure you are aware that the Town can be more stringent than the DEC, but not less than. MR. PATANJO: Absolutely. Correct. TRUSTEE SEPENOSKI: Mr. Kimack spoke earlier to this point. You mentioned him, so I mention him also. MR. PATANJO: Right. TRUSTEE SEPENOSKI: Chapter 275-3, findings, purpose, jurisdiction, setbacks, makes it pretty clear to me that there Board of Trustees 46 September 14, 2022 are additional concerns with docks on creeks. And just so you know what the language sounds like. Town Board of the Town of Southold finds that rapid growth, the spread of development, and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which if preserved and maintained in an undisturbed and natural condition constitute an important physical, social, esthetic, recreational and economic asset to existing and future residents of the Town of Southold. So that's the spirit of our code and our policy, and as you look at our standards for issuance of a permit, we have navigational issues to contend with, esthetic issues to contend with. And given that this property was denied a permit in the past for a structure through this pristine point of wetland, I don't feel comfortable voting for this application. But I'm one Trustee and I have one decision. TRUSTEE PEEPLES: Is there anyone here who wishes to speak in regard to this application? (Negative response). MR. PATANJO: Can I table the application at this point? TRUSTEE KRUPSKI: Well, I would like to answer that question, and. this is just one Trustee's recommendation, but, given the past practices of this Board and how much of this structure is going over a vegetated wetland, you know, untouched, pristine, transition from a very, very healthy, low-lying wetland all the way through mid-level to upper wetland, I'm going to respectfully recommend that we put this to a vote tonight. TRUSTEE GOLDSMITH: I also would like to note that there was a previous denial on a smaller dock, and now we are proposing an even bigger structure. So I'm uncomfortable moving forward as well. TRUSTEE GILLOOLY: I would agree with that. In 2008 it was denied,sand, if anything, the environmental concerns have become greater. TRUSTEE PEEPLES: Any other questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to deny this application, citing Chapter 275 of the Town Code of Southold, 275-12. (a), this application adversely affects the wetlands of this Town. (b), adversely affects fish, shellfish or other beneficial marine organisms, 'aquatic wildlife and vegetation or the natural habitats thereof; adversely affects navigation on tidal waters or the tidal flow of the tidal waters of the Town; (i), otherwise adversely affects the health, safety and general welfare of the people of the Town; and Q) adversely affects the esthetic value of the wetlands and adjacent areas. Board of Trustees 47 September 14, 2022 And I would also like to note that we are denying this application based on the comments from the LWRP, being inconsistent by the LWRP. That is my motion. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Have a good night. TRUSTEE GOLDSMITH: At this time I'll request a five-minute recess. (After a brief recess, these proceedings continue as follows). TRUSTEE GOLDSMITH: Back on the record, 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 The LWRP found this to be inconsistent. Goose Creek is in a New York State DEC critical environmental area. Environmental impacts of higher dock density on water quality, wildlife, submerged vegetation and commercial fishing has not been addressed. The Conservation Advisory Council supports the application with the condition of overall length and reduces the amount of existing docks. And the Trustees conducted field inspections September 7th, where we were in receipt of new plans. We do have in the file here new plans stamped received September 7th, 2022, that do show new water depths adequate for a float, as well as proposed dock within the pier line of the adjacent docks. Is there anyone here wishing to speak regarding this application? MR. HERRMANN: Yes. Rob Herrmann of En-Consultants. This is a continuation where we did submit revised plans. We submitted a couple of e-mails, for the record, explaining the revisions, and the Board is aware of them. You did see the revised plan last dated September 6th, 2022, which shows water depth sufficient at mean low water, in line or consistent with the pier line of the adjoining docks, including the somewhat recently permitted dock to the southwest. So we hope now that the dock complies with --we know that the dock now complies with the Town code construction standards for docks and hope that the revised design satisfies the Board Board's concerns. Board of Trustees 48 September 14, 2022 TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? MR. RYAN: My name is Donald Ryan, and my wife Glenna. We live at 760 Oak Avenue, which is the property adjacent to the east. Last name is Ryan but the property has been in my wife's family for almost 65 years. We have there a mooring, a permitted mooring that-- and our property is 80-feet wide. So if we keep the mooring in the middle, plus the 15-foot buffer, I think we can meet the standards of keeping our mooring 50-feet away from the proposed dock. So with some conversations with Mr. Herrmann, we are comfortable with this project and have no objections to it. If you have another 30 seconds for an aside, Mr. Herrmann on this application makes comments about the beach grass that is in the middle of this property, and that is one of the reasons why it's over towards our side. I think the concern for beach grass is a bit overblown. There are docks two houses away to the west that put recently built docks over the beach grass, and the beach grass is doing just fine. So again, we don't have any objection to this project. The McGovern's are good neighbors and we wanted you to know that since we have been sitting here getting our education this evening. Thank you, for all your hard work. TRUSTEE GOLDSMITH: Thank you, sir. Is there anyone else here wishing to speak regarding this application? (Negative response). Questions or comments from the Board? (Negative response). Mr. Herrmann, we see on the plans that you have a through-flow for part of the dock. MR. HERRMANN:,Yes. TRUSTEE GOLDSMITH: Would you be opposed to doing through-flow for the entirety of the fixed catwalk section? MR. HERRMANN: Well, I know the applicant, this was something we had discussed. They were hoping to avoid, like other applicants that we deal with who don't like the open-grate for esthetic reasons, et cetera, but I did explain to them the purpose of the open-grate is to allow, you know, referencing the speaker's comments, the object is not beach grass but intertidal marsh grass there, the elevation of the dock and the open-grate decking allows the intertidal marsh to hopefully come back underneath it within the intertidal zone. But they got the idea for the open-grate only over that critical marsh area because the Trustees allowed that on the dock to the southwest, I can't remember now, was 2015, something like that, that was approved, that the Board allowed the open-grate just over that wetland area. So that's where that proposal came from. It seems important to them, that's why we are holding with that proposal, hoping it would be consistent Board of Trustees 49 September 14, 2022 with that decision, understanding it doesn't represent the more global policy of the Board. So that is where that stems from. Obviously the others, there is no sub-aquatic vegetation that goes out beyond the mean, the water line here in this creek, that the open-grate would benefit. It's really the wetland fringe that it will benefit, and we do have it proposed over the wetland fringe. TRUSTEE GOLDSMITH: Any other comments? TRUSTEE KRUPSKI: Yes. I mean, I did, fortunately, I forget the exact date the other dock was permitted, but fortunately I was not on that Board, to make that argument. But, overall, I think it's a good project but I would prefer to see it open-grate, personally. I mean, there is no aquatic vegetation,there now, but it's very possible you could get some Ruppia maritima, aka Widgeongrass in there, something like that, and we would open to that in keeping to best practices over the past couple of years. MR. HERRMANN: I don't want to agree with you, but if you impose It, there's not much I can do about it. TRUSTEE KRUPSKI: I understand. TRUSTEE GOLDSMITH: Hearing no further comments, I make a motion to close this hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). I make a motion to approve this dock with the condition that the entire fixed catwalk be through-flow decking, which will reduce the environmental impacts and bring it into consistency with the LWRP. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. HERRMANN: So imposed. TRUSTEE KRUPSKI: Number 17, En-Consultants on behalf of MARILYN PYMM IRREVOCABLE FAMILY TRUST requests a Wetland Permit to install approximately 78 linear feet of 200-500 pound stone rip-rap (over filter cloth) along toe of eroding embankment (±48 linear feet adjacent to James Creek and ±30 linear feet adjacent to Peconic Bay); and restore embankment face with approximately 10 cubic yards of clean sand fill to be_trucked in from an approved upland source and planted with Cape American beach grass 18" on center. Located: 2504 Camp Mineola Road Ext., Mattituck. SCTM# 1000-122-9-7.25 The Trustees most recently visited the property on the 7th of September and noted it was mostly straightforward. The LWRP coordinator found this to be inconsistent. Use vegetated, non-turf measures to manage flooding and erosion hazards. The CAC resolved to support this application. Is there anyone here that wishes to speak regarding this Board of Trustees 50 September 14, 2022 application? MR. HERRMANN: Rob Herrmann, En-Consultants, on behalf of the applicant. It is a reasonably straightforward erosion control project, speaking to the LWRP comments. I think the Board did see the condition of the escarpment and the bank there. There were fairly well-on trees in age with very extensive root systems that have been holding that bank for a long time, that have been undermined. So the idea that a completely non-structural approach here would work, I think is a falsehood. But to try to be consistent with Policy 4 as we presented in the LWRP part of the application, we are minimizing the location scope of the rip rap and combining it with re-nourishment material and vegetation so that we are taking sort of a hybrid approach of hard versus soft stabilization. So we do think we are consistent with the LWRP in terms of the design, and without some element just using a small rip rap, it would be designed to fail. Obviously this was a project born from the fact that the existing natural vegetation is just getting chewed away there by that wake associated coming in with that channel into the marina and the overall fetch. So, we do feel it is consistent. TRUSTEE KRUPSKI: I would tend to agree with you. Normally, I would rather see a softer approach within a creek, however that being said, this is at the mouth of the creek and there is a rather large marina with a lot of activity there. So, for me, I will say if there is future projects to expand on this, I would rather see some'softer in-fill in between, if this continues to be a problem. And it might. But that has to be one of the bigger boating lanes in Town for a small,creek. But I understand where you are coming from there. Is there anyone else here that wishes to speak regarding this application, or any additional comments from members of the Board? (Negative response). Hearing none, I make a motion to close the hearing. TRUSTEE GILLOOLY: Second: TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application noting that the applicant has attempted to minimize the use of hard construction thereby bringing it into consistency with the LWRP coordinator. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). TRUSTEE SEPENOSKI: Number 18, En-Consultants on behalf of NICOLE MARTORANA & DAVID ALWORTH requests a Wetland Permit to make alterations to the existing two story dwelling consisting of constructing a 9'x14' screened porch addition with 4'x3' steps Board of Trustees 51 September 14, 2022 in place of existing first floor door, basement/bilco door, and stoop/steps to be removed; construct a 7.1'x14.5' wood deck with 3'x4' steps in place of existing 7:1'x8' wood deck and steps to be removed; construct a 4'x6' front entry porch with steps in place of existing porch and steps to be removed; construct a 4'x4' side entry porch with steps; construct two 4'x5' basement egress window wells; construct a 10'x14' expansion of the existing second floor over and within the footprint of the existing first story (no increase in bedrooms); install drywell; and to establish and perpetually maintain a 10'wide, approximately 990sq.ft. non-turf buffer(including approximately 420sq.ft. of existing lawn) adjacent to existing covenanted non-disturbance buffer. Located: 3400 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-11 The Trustees visited the site on the 7th of September, 2022. Notes from that visit read: Straightforward. The,LWRP found this to be consistent with the LWRP policies and with the LWRP, provided the following is considered to effect the functional value of the wetland system. Consider this recommendation as written determination regarding consistency of the proposed action. But there is no action listed. The Conservation Advisory Council resolved not to support the application. Construct additions within a flood zone. There are also concerns with the potential of adding bedrooms to the addition and questions why this addition would be permitted activity. The proposed addition could require additional cesspool. The Conservation Advisory Council observed egress/ingress windows in the basement and questions this would be a livable area. The Trustees received plans stamped August 3rd, 2022. Any comments from the public? MR. HERRMANN: Rob Hermann of En-Consultants, on behalf of the applicant. I'll try to keep this brief, because we did meet with the owner Nicole Matorano, who is also here, met with the entire Board onsite. It's basically the reconstruction of the deck, and placing existing deck and steps, and small porch addition in place of existing stoop steps, extend the door and basement door on the water side of the house. There is a second-floor addition which technically under code would be exempt because it's a second-floor addition within the first-floor footprint. But again,.for full transparency it's included in the plan. That addition does not create an additional bedroom. There is a previously-approved Suffolk County Health Department sanitary system onsite with a septic tank and five pools. We talked about the fact that there is, in connection with a prior approval of the Board, the area that was 30-feet seaward and beyond from the house is a covenanted non-disturbance buffer, and we were proposing to add to that another ten feet of Board of Trustees 52 September 14, 2022 non-turf buffer on the landward or west side of the existing non-disturbance buffer, which would have the benefit eliminating another 420 square feet of existing lawn to a non-turf buffer. There is storm drainage proposed as additional mitigation in connection with the project. If the Board has any other questions, I'm here to answer them. TRUSTEE SEPENOSKI: Questions, 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 make a motion to approve this application. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 19, En-Consultants on behalf of ALYSE 'TICKER requests a Wetland Permit to construct approximately 1.07 linear feet of paver block retaining wall, including two (2) 10 linear foot long returns along landward limit of 12'wide non-turf buffer, with associated 6'x8' steps; excavate approximately 15 cubic yards of soil material from non-turf buffer to lower/level grade of buffer; and reuse on-site material, together with approximately 10 cubic yards of clean sandy fill to be trucked in from an approved upland source, to raise the grade elevation and reduce the slope of the steeply sloping lawn landward of the retaining wall. Located: 1685 Westview Drive, Mattituck. SCTM# 1000-107-7-8 The Trustees most recently visited this site on September 7th, 2022, noting a straightforward inspection. I am in receipt of plans stamped received in the office August 24th, 2022. The LWRP reviewed this application and found it to be consistent. And the Conservation Advisory Council resolved to support this application. Is there anyone here wishing to speak regarding this application? MR. HERRMANN: Rob Herrmann, En-Consultants, on behalf of the applicant. This is a straightforward application. I met with most of the Board at the site. Retaining wall landward of an existing bulkhead and non-turf buffer, which would be retained, and will have benefit of reducing the slope toward the creek from the upland, which should help mitigate runoff while providing a more safe and useable yard behind the wall and the buffer area for the owners. If you have any questions you have not already asked, I can answer them. TRUSTEE GILLOOLY: Is there anyone else here wishing to speak Board of Trustees 53 September 14, 2022 regarding this application or 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 GILLOOLY: I make a motion to approve this application as submitted. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Number 20, En-Consultants on behalf of EVAN GEOFFROY requests a Wetland Permit to remove and replace approximately 165 linear feet of existing tiered wood retaining walls with a three-tiered retaining wall system, consisting of an approximately 102 linear foot long base level retaining wall, an approximately 112 linear foot long mid-level retaining wall, and an approximately 54 linear foot long base top-level retaining wall, each to a max. Height of 2.3 feet; remove 8", 12", and 18" oak trees on west side of dwelling for removal-and replacement of retaining walls; establish proposed grades between/landward of new retaining walls with approximately 12 cubic yards of clean sand/loam fill to be trucked in from an approved upland source and planted with native vegetation; plant six (6) trees landward of top-level retaining wall; remove and replace in-kind/in-place existing 3'x33' stone paver walkway, 4.3'x7.5' stoop/steps, and 4'x4' outdoor shower; install stormwater drywell for outdoor shower and roof runoff; and widen existing pervious gravel driveway by approximately 205sq.ft. Located: 2505 Wells Avenue, Southold. SCTM# 1000-70-4-18 The Trustees most recently visited this site on September 7th, and noted that the application was straightforward. I am in receipt of plans stamped and dated August 5th. The LWRP finds this application is consistent. And the Conservation Advisory Council did not make an inspection, therefore no recommendation was made. Is there anyone here who wishes to speak in regard to this . application? MR. HERRMANN: Rob Herrmann, En-Consultants on behalf of the applicant. Elizabeth, I have to tell you, you are the first person to correctly pronounce Evan's last name. TRUSTEE PEEPLES: The final one of the night. There we go. MR. HERRMANN: Quick and simple, itis basically a maintenance application to replace existing retaining walls on a retained slope. There is a five-foot wide non-turf buffer behind the top wall between the slope and the house. There is some maintenance work associated with the platform and an existing outdoor Board of Trustees 54 September 14, 2022 shower, and drainage will actually be added not just to accommodate the replacement shower but also for the entire existing dwelling. So the project comes also with a general storm water drainage upgrade. That's all I have. TRUSTEE PEEPLES: Great. Thank you, for that storm water drainage. upgrade. Is there anyone else who wishes to speak, or questions or comments from the Board? (Negative response). Hearing none, I make a motion on close this hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application as submitted. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Motion for adjournment. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL'AYES). Respectfully submitted by, v Glenn Goldsmith, President Board of Trustees