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HomeMy WebLinkAboutTR-03/18/2003Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES March 18th, 2003 7:00 p.m. PRESENT WERE: Albert J. Krupski, Jr., President James King, Vice-President Artie Foster, Trustee (Absent) Ken Poliwoda, Trustee Peggy Dickerson, Trustee E. Brownell Johnston, Esq. Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Thursday, April 17th, 2003 at 8:00 a.m: TRUSTEE POLIWODA moved to Approve. TRUSTEE DICKERSON Seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, April 30, 2003 at 7:00 p.m: WORKSESSION: 6:00 p.m. TRUSTEE KING moved to Approve. TRUSTEE DICKERSON seconded. ALL AYES APPROVE MINUTES: Approve Minutes January 22.2003 February 26, 2003 II. IlL TRUSTEE DICKERSON moved to postpone approval of minutes. TRUSTEE KING Seconded. ALL AYES MONTHLY REPORT: The Trustees monthly report for February 2003. A check for $2,841.23 was forwarded to the Supervisor's Office for the General Fund. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review AMENDMENT/WAIVER/CHANGE S Catherine Mesiano, Inc. on behalf of JOHN & BARBARA SEVERINI request a Amendment to an existing Permit for a 6'x8' one story portico addition to the existing single family dwelling. Located: 585 Gull Pond Lane, Greenport, NY SCTM#35-4-28&27 TRUSTEE POLIWODA moved to Approve. TRUSTEE DICKERSON Seconded. ALL AYES Land Use Ecological Services, Inc. on behalf of ERNEST H. SCHNEIDER request an Amendment to Permit #5474 setback for proposed 8'x45' second story deck w/5'x24' stairway & platform which will be located a minimum of 93' landward of the tidal wetland boundary. Located: 915 Lakeside Drive North, Southold, NY SCTM#90-4-5&6 (MORATORIUM- TABLE) BETTER LIVING HOMES, INC. requests a change of name from Schrembri Homes to Better Living Homes, Inc. Permit #5410 dated August 29th, 2001 Located: 195 Albacore Drive, Southold, NY SCTM#56- 7-13 9 (MORATORIUM-TABLE) JUDY TEEVAN request a change of name from Clifford C. Cornell Permit # 4931 dated June 25, 1998 Located: 325 Willow Point Road, Southold, NY SCTM#56-5-26 TRUSTEE DICKERSON moved to approve the name change. TRUSTEE POLIWODA seconded. ALL AYES MARTIN EVANS request a One Year Extension to Permit 5302 dated April 22, 2001 to construct a deck. Located: 5050 New Suffolk Avenue, Mattituck, NY SCTM# 115-10-3 TRUSTEE POLIWODA moved to Approve one-year extension. TRUSTEE DICKERSON seconded. ALL AYES e ALAN SCItLESINGER requests a Waiver to place 6-1/2 foot stockade fence within one hundred feet of waterfront. Located: 125 Mesrobian Drive, Laurel, NY SCTM#145-4-7 TRUSTEE KRUPSKI moved to Table - applicant must apply for a Wetland application for a full review by the Board. TRUSTEE POLIWODA seconded. ALL AYES William A. DiConza, Esq., on behalf of SItAWN & JOLYNE FITZGERALD request a Waiver to erect an open split-rail fence within 100 feet of Wolfe Pit Lake. Located: 485 Paddock Way Mattituck, NY SCTM# 107-4-2.1 TRUSTEE KRUPSKI we are still waiting for the Town Attorney to submit information on this application. I will make a Motion to Table this application. TRUSTEE DICKERSON seconded. ALL AYES. TRUSTEE KRUPSKI needs a motion to go offthe Regular Meeting and onto the Public Hearings> TRUSTEE DICKERSON so moved. TRUSTEE KING seconded. All in ' favor. ALL AYES IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HA VE AN AFFIDA VIT OF PUBLICATIONS FROM THE TRA VELER- WATCHMAN; PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. GLENN F. HEIDTMANN, JR. requests a Wetland Permit to build a residence and garage in rear. Located: 600 Albacore Drive, Southold, NY SCTM#57-01-21 TRUSTEE POLIWODA: Who would like to speak in favor of this application? GLENN HEIDTMANN, JR. Yes, I am Glenn Heidtmann, Jr. as per our last meeting at this site. I have done the typographic drawings on the survey and the elevation crosses section. I have also written a letter to the Trustee's acknowledging that I will maintain the system and allow the water to flow as it did. Before construction and I will come up and hand this to you. TRUSTEE KRUPSKI: Yes it looks like what we discussed. TRUSTEE POLIWODA: Would anyone else like to comment on this application? NEIGHBOR; Good evening Mr. Krupski and Board of Trustees and I think Mr. Krupski I had spoken to you before and sent you some letters regarding the drainage problem adjacent to Mr. Heidtmann's property. I do not know if you had the opportunity to go to the site visit. I think it was on March 12th and you can see the extent of the water. As a matter of fact I was there last week. It was about thirty feet up on my property now. It obviously is not getting any better. It only gets worse. Unless we go to a drought situation. So I spoke to Mr. Heidtmann before and he showed me the plan that would eliminate the problem. What I would request is. I do not know if the Town Board or the Trustees could give him immediate approval or if it take some time but I would request is to at least open up that ditch where he plans to put in the permanent system to relieve the water as soon as possible. Because it is creating a very difficult situation and if we get a lot of rain this spring. It is only going to get worse. Because as you know it is a clay area. The water just does not percolate into the ground and it relies on surface drainage. With the former mosquito control ditch that was part of site development. The water has no place to go. So again I just request that hopefully something can be done within the next week or two. I guess it depends on the Trustee's approval of Mr. Heidtmann application. Again at a minimum just to relieve the water. Even on a temporary basis. That is my request. TRUSTEE KRUPSKI: Mr. Heidtmann do you have any objection to that? MR. HEDTMANN: No. None. Actually I own a large trash pump I can alleviate some of the water immediately. Through a four inch fire hose. On a week=end to help reduce the water. TRUSTEE KRUPSKI: It probably is easier to just to dig it out then you would not have to maintain it. Because you are going to get into heavy rains this time of year. GLENN HEDTMANN: I would love to. This has been two years. I would love to get started. NIEGHBOR: Again, just as a temporary ditch would be fine. I think that will run along the backside of the property until you can get a catch basin in and run pipe under ground. Because that is the intent. But to at least open it up and let that water flow. I spoke to Suffolk County Vector Control aad they see it as a mosquito breeding problem. I think that Mr. Heidtmann also sees it as likely to relieve the water as well. So it does a lot of things and now is the time to do it. TRUSTEE KRUPSKI: Anyone else? TRUSTEE POLIWODA: Any Board comments? TRUSTEE DICKERSON: I just wanted to read this letter from Mr. Heidtmann. "To future residence address at 600 Albacore Drive, Southold, New York. Will maintain the following designed drainage system for the time that I own the premises." I just wanted to check with Brownell and see if he felt this covered everything. E. BROWNELL JOHNSTON, ESQ.: What happens when you sell it the property? GLENN HEIDTMANN: Would I be liable in the event. E. BROWNELL JOHNSTON, ESQ.: Not that you will be liable. How are you going to protect the neighbor? TRUSTEE KRUPSKI: Put it on our permit? E. BROWNELL JOHNSTON, ESQ.: We could have some kind ora covenant and restriction. NEIGHBOR: I do not want to infringe on Mr. Heidtmann's property rights. But there could be an easement where that drainage system is under the control of Suffolk County Vector Control. They did have drainage ditches throughout that area and they still do. When they maintain it. The water flows fine, At least there be some control that is not within the property owner's control. If in fact that property was transferred. That could possible be a solution. TRUSTEE KRUPSKI: That sounds complicated. I do not know. TRUSTEE POLIWODA: I think that we are better off just stipulating it in our own Permit. TRUSTEE KRUPSKI: See our permit - If we grant him a permit. When he sells the property. The Permit does not automatically go with the property. He cannot transfer it. We have to transfer the Permit. So we would have to transfer the Permit to the new owner. He can sell it tomorrow. He could not do a thing. Get our permit tonight. Sell it tomorrow. He cannot give them our Permit. He has to come to us with a request to transfer that Permit. So the new owner is going o get the Permit. That is going to say. They cannot interrupt the flow of water. From one side of the property to another. NEIGHBOR: What ever works that is really the bottom line. TRUSTEE KRUPSKI: That is how it works now. Any thing can happen. Obviously that it the way it should work. That is our intention. NEIGHBOR: Can I ask the Board a question? Maybe you cannot answer this now. Do you intend to act on this? When can this be done? As far a relieving the drainage? TRUSTEE KRUPSKI: I would like to act on this tonight. TRUSTEE POLIWODA: I am comfortable with the plan submitted. NEIGHBOR: So Mr. Heidtmann could maybe next week open up that drainage system. TRUSTEE KRUPSKI: As soon as he can get it to work. I do not know what the frost situation is there. Probably a little bit left. I am sure he wants to move on the project also. NEIGHBOR: Thank you very much. E. BROWNELL JOHNSTON, ESQ.: Peggy would you be happy to have it in the Permit. If it requires that the next owner when it is Glenn's obligation. TRUSTEE KRUPSKI: We also have to add Ken. We have to figure out where we want to add hay bales? When you vegetate the slope and re-excavate that low area. You need hay bales so you do not soak it up from the upland. While the grass is established. We are also conditioning putting hay bales around the drywells. We are going to give you a condition to put the trench in right of way. To do any other excavation what not. When the system of the drywell and pipe go in on the back of the property. You will have to put a stake row of hay bales around that so that silt from the - doesn't plug it up the first week the first heavy rain. Then it would ineffective. TRUSTEE POLIWODA: No other comments? I will make a Motion to close the public hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit on behalf of Glenn Heidtmann to build a residence and garage with conditions that the drainage be taken care of through the plans submitted. Continue to be maintained as well as placing hay bales around the drainage area during construction - roof run-off will be contained in the drywells TRUSTEE KRUPSKI: What about keeping the water flowing? TRUSTEE POLIWODA: I mentioned continue to be maintained. When the permit comes up and the transfer we will see that.is continued to be maintained. TRUSTEE KRUPSKI: Someone is going to really think about the wording on this. TRUSTEE POLIWODA: How about we bold prints Continue to be maintained so it sticks out like a sore thumb. When the permit comes transferable it will pop out. Will that work? GLENN HEIDTMANN: I would just like to say. I am trying to join the community and I honestly plan living there for next thirty years. That is my honest thought. TRUSTEE KRUPSKI: We are not worded about that. Just that we have written permits in the past that have not been inclusive enough and we are trying to make it so that it is written correctly and worded correctly We are going to issue handfuls of permits tonight and a lot of times the details are over looked. After wards there is a problem. This is not personal. It is we trying to be organized, E. BROWNELL JOHNSTON. ESQ.: Glenn, as part of the "bus theory". If a bus hits you they want to be protected. TRUSTEE POLIWODA: Is that fine. TRUSTEE KRUPSKI: Yes TRUSTEE POLIWODA: Do I have a second? Unless you can think of a better wording. 6 TRUSTEE KRUPSKI: What is the area around the water collection area going to be planted with? Because that water basically gets eventually main lined into the bay. GLENN HEIDTMANN: Correct. TRUSTEE KRUPSKI: So I think we would like to see is. Non-turf next to it. Or do you want to put in any kind of native plantings. GLENN HEIDTMANN: That is exactly what I would like to do. Natural. TRUSTEE KRUPSKI: If you go to the ten foot contour. Which would basically lead you up to the top of the hill with grass and the slope would be something else. Plant basically any kind of vegetation down here to hold the slope. GLENN HEIDTMANN: Beach grass or something like that. TRUSTEE KRUPSKI: I do not know if that would grow in the shade there. You have to find something that is going to grow - ivy or something that this going to grow. Something that is going to live there and something that is going to look appropriate. Add that to the list - non-turf grass buffer with a ten-foot contour on down. TRUSTEE POLIWODA: Sure - did you get that Charlotte? CHARLOTTE CUNNINGHAM: Yes TRUSTEE POLIWODA: Do I have a seconded. TRUSTEE KING: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES Creative Environmental Design on behalf of PATRICIA GILCHRIST - JOSEPH MENCINO request a Wetland Permit to create a driveway entrance-parking parking area- installation of retaining wall with Pennsylvania. Fieldstone - Landscape. Located: 15 Fourth Street, New Suffolk, NY SCTM#117-19--15 TRUSTEE DICKERSON: Is there any one here who would like to speak on this application? DAVE CICHANOWICZ: Yes, Dave Cichanowicz - Creative Environmental Design. I included surveys and plans of all of what I am doing. Pretty clean cut. We are changing some elevations. In order to create the retaining walls and to make a flat area for the parking area that are entering the house. Approximately 80-90 yards of material at the max would be moved. Probably re-moved because we need to make the area for the walls and flatten the parking area~ There will be a drywell installed in the parking area to take care of any access water on the parking area. Contain it on site, so it will not run off. TRUSTEE POLIWODA: What type of drainage? For how much rain fall? DAVE CICHANOWICZ: How much rainfall? I do not have those calculations. We are putting in an eight-foot by four-foot ring with an eight-foot dome. With an eight foot dome. Solid cover. It is extremely sandy soil there. I am sure that you are familiar with that. It should be great percolation. The size of the area of the parking is approximately nine hundred square feet. I cannot imagine that not handling it. In my past experience. TRUSTEE POLIWODA: I am sorry; I thought I was looking at a paved surface. It is gravel. DAVE CICHANOWICZ: It is a gravel driveway with a drywell. TRUSTEE POLIWODA: That is fine. TRUSTEE DICKERSON: Any other comments? Coming from the Board. TRUSTEE KRUPSKI: No TRUSTEE DICKERSON: I do not think that we had any problem with this out in the field. I will make a Motion to Close the heating. TRUSTEE KING: seconded. TRUSTEE DICKERSON: All in favor. ALL AYES I will make a motion to Approve the application to create a driveway entrance, parking area, 15 Fourth Street, New Suffolk. TRUSTEE POLIWODA: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES 3. Agnieszka Drozdowska on behalf of RONALD & MARIA SMITH requests a Wetland Permit to expand the house 1' behind the existing footprint of existing deck on creek side. Attached heated breezeway with two-car garage. Addition of second floor above existing footprint and enclose the existing gazebo. Located: 2105 Westview Drive, Mattituck, NY SCTM#107-7-2 TRUSTEE KING: Is there anyone here to speak in favor or against this application? FRANK NOTARO: Again, my name is Frank Notaro I am representing Ronald & Maria Smith. I am here to answer any questions that you may have? TRUSTEE POLIWODA: Have you contacted the neighbors to the south east of this property. NEIGHBOR: I just got this in the mail today. So it is a little difficult for me to say. TRUSTEE KING: Please come up to the mike and identify yourself for the record. ERIC KEIL: Yes, I am Eric Keil spouse of the owner. As I said we just got this today. I guess unfortunately Mr. Notaro and the owner have had a little bit of difficulty finding out what our mailing address is? Although we told the Tax Receiver a couple of times and their office. To have our mail - mailed to the correct place. I assume that is why they have the wrong address. In any case. Based on this it is really hard to tell what if any impact it would have on us and whether I am for or against it. It is a significant increase in the size of the house. I like to get along with neighbors. Do not want to have any bad blood over something like this. But it appears to me. Because the house is going out over the existing deck area on the waterside. That it might obstruct our side yard view of the creek. To what extent it is hard to say. As I said this is the first time I have had a chance to see the drawings. Also because the existing gazebo right now is one story. We can look fight over the top of towards the water. Again it is hard to tell whether our house is not pictured on his survey. Our shed is. Which is difficult to tell from this what just the impact might be. TRUSTEE DICKERSON: I just want to make a comment. When I went out and when you went out. I could not get around to the front of the house because of the snow and ice. I took that picture. TRUSTEE KRUPSKI: Let us see. TRUSTEE DICKERSON: I could not get any farther around. I was just wondering if we need to look at that again. TRUSTEE POLIWODA: I was there today. I eye balled the view. He is going to loose it. As well as it is going to infringe on the creek quite a bit. ERIC KEIL: The only other thing that I would say is that I know that based on what our set backs were from the water. We basically when you approved our permit. We could not do anything on the waterside. Other than basically put a porch on that went out as far as the house goes out now. The dotted line there is that saying that is the mean high water mark. Is that what MHW stands for. FRANK NOTARO: Yes ERIC KEIL: What is the tie line? What does that mean? TRUSTEE POLIWDA: Property tie line. ERIC KEIL: At high tide the water comes within aboUt a foot of the top of the bulkhead. It seems that the mean high water mark. Might be a little further up than that. But I cannot really say. On your copy can you read the setback number what that distance is? TRUSTEE KRUPSKI: I get a hundred feet to the cesspool. FRANK NOTARO: That is seventy-five feet to the deck. ERIC KEIL: To the coruer of deck. FRANK NOTARO: I mean to the actual retaining wall. ERIC KEIL: What set backs are you required? There isn't one. TRUSTEE KRUPSKI: It is an existing home. That is why we did not question the wetland line on this. Because usually the wetland line comes in question. If something is or isn't jurisdictional. In this case it is jurisdictional. So the house is what it is right now. So there was no question regarding the wetland line. Is more than the addition to the house than it is going to impact the wetlands? Not so much whether the wetland line is a few feet away. ERIC KEI: Is a deck treated differently than a house? In other words. TRUSTEE KRUPSKI: Sometimes it affects it depends how it is situated - how big it is and how much of a change. We do not have a hard or fast number to say that the deck cannot be converted to living space. More than so many feet from the wetlands. We do not have that. ERIC KEIL: So they are treated as the same thing basically. Deck or living space. I do not want to have a problem with the neighbor that I do not even know. But at the same time without having much time to consider this. It is hard for me to tell you. Whether I am opposed to it or just concerned about it. I guess I am concerned and not having had much time to consider it. TRUSTEE KRUPSKI: I think that the most we would consider there is a house there. What do you think Ken? Do you want to reconsider it? TRUSTEE POLIWODA: You are looking at seventy-five feet off the bulkhead environmentally. ERIC KEIL: Is actually is not to the bulkhead. FRANK NOTARO: Any proposed construction is going a foot behind the existing deck. Towards the roadside. TRUSTEE POLIWODA: It could set the president as seventy-five feet off that bulkhead. Is where I am going with this? If we allow this one to go seventy-five feet off the bulkhead. We should not stop Mr. Kiel for going seventy-five feet from the bulkhead. With a house of some sort. FRANK NOTARO: We are not trying to do the construction at the seventy-five. We are doing it behind the existing deck. Which is further landward from that point. In other words the existing deck itself we are coming back towards the road one foot. TRUSTEE POLIWODA: Which is seventy-six feet. FRANK NOTARO: No actually it,shows the bulkhead, which is further down the hill, a little bit. There is a little bit of a bulkhead. Retaining wall there. Then the other thing starts approximately another five feet. The deck itself behind that point. TRUSTE KRUPSKI: Another reason we never actually identified the wetlands there. Because everything is covered with snow and ice. TRUSTEE POLIWODA: The last couple of months. TRUSTEE KRUPSKI: The last two months. We are out there two months ago and we could barely walk through it then. Peggy went after that. She could not walk it Unless you want to do that identify the wetland line. TRUSTEE KING: Let us table it and look at. ERIC KEIL: Basically the wetland line is right there. That wall is basically on the edge. 10 TRUSTEE POLIWODA: I agree - the water comes right up to the bulkhead. TRUSTEE KRUPSKI: We are going to Table and I would like to ask Mr. Notaro could you please put in. You do not have to put in the outline just the front comer of each of the neighbor's house. You will have to get the surveyor to do that. TRUSTEE KRUPSKI: He just could transcribe that from the survey. FRANK NOTARO: It is not on the existing survey. He would have to get that from other adjacent surveys and put that on. TRUSTEE KRUPSKI: We would like to see that. FRANK NOTARO: Just for the record. We did get the letter returned to us that it was not picked up. It was an address - we had notified everybody by phone a week ago. I believe at the time we were given that address and shows on our letter that it was not picked up. We made every attempt to mail these things out. ERIC KEIL: I am sure that he did. We moved out of the house two years ago. The old address. TRUSTEE KING: The stamp shows that it was mailed the 24th of February. ERIC KEIL: I am sure it was. We did not get it. He did contact my wife. I do not know the end of last week probably Friday. So that is one of reasons why I am here. So I have been looking for this and it came in the mail today. I was notified. TRUSTEE KING: I will make a Motion to Table the heating. To re- inspect next month. TRUSTEE DICKERSON: Seconded TRUSTEE KING: All in favor. ALL AYES. JOHNJ. GALLAGHER requests a Wetland Permit for the existing 8'x16' dock. Located: 700 Bayview Drive, East Marion, NY SCTM#37-5-4 (MORATORIUM-TABLE) JEFFREY I-IALLOCK requests a Wetland Permit to cut into ground of right of way for installation of underground utilities and permission to cut base of existing dirt roadway to upgrade with stone materials as required by Southold Zoning Board - to locate dwelling with attached garage and sanitary system at least 110-115 ft from nearest edge of tidal wetlands Located: Diachon Road/Peconic Bay Blvd. Laurel, NY S CTM# 127-3-9.1 TRUSTEE KRUPSKI: Is there anyone like to speak on behalf of the application? 11 HARVEY ARNOFF: Yes. I would Harvey Amoff I appeared before several times already on this application. You were kind enough to forward to me or your secretary was kind enough to forward to me today by fax. The letter from the Planning Board. The only thing that I would say I was right that it got back faster than they would have gotten back to me. Having said that. The question is where do we go from here. IfI read this letter. We have no control over any of this. We are not the arbiters of any destiny but our own. Whether or not nine, one three seven or any commutation of houses is built along this right of way. In our life times. Or in our children's life times are something that we have no control over. So the questions is where do we go from here. We have no control over. So the questions is where do we go from here. All we are looking to do. Is that the Zoning Board gave us the right unquestioned right to do. That is to have access to this property to build a home. All pretty simple we are not looking to create the Long Island Expressway. We are not looking to pave any strip of land. We are looking to widen this and the majority of the whole right of way does not need to touched. In order to comply with the Zoning Board mandate. There are only a few spots along last where it is narrowed by virtue of some growth of some trees. That is not going to require any type of equipment. So we almost do not have any thing other than maybe perhaps go back to the Zoning Board and ask them for a variance to the 280-A. Then we do not have to be here at all. I do not want to do that. I would like to deal with this aggressively. And deal with it here and I would like to deal with it in a manner that makes sense. That is why we need a decision. What are we going to do? How are we going to do it? We want to put down a pervious surface. We are not looking to pave anything. It is going to be dirt. Or gravel of some kind. We are going to do any widening we are going to do. Is on the landward side. I have said all of this before. I do not know. What more I can offer to this Board. That I have not all ready done. Other than what the Board might request. I am not sure what more they could want at this point. TRUSTEE KRUPSKI: Thank You I will take any comments? If there are any other comments. MATTHEW ATKINSON: Good evening, my name is Matthew Atkinson representing some the members of the community. I realize the difficulty of the applicant. In trying to foresee what is going to happen. I would just like to point out that all of the other owners of the property. There are some thirty acres of undeveloped property that will in fact be served by this road. This will produce a sub-division that could be substantial large but the Planning Board I believe thought it maybe seven to eight acre lots. If they receive an application. That would require a minor street. That would be a major subdivision. A minor street is minimum of twenty-eight feet less. The Planning Board makes exception for twenty-four feet. If the applicant does not 12 want to. I suppose the Board could just go on the statutory requirements of the Town Law and look at Chapter 8108A of Article 3 for the road requirements. Admit that it is going to be twenty-four or twenty eight feet by the time this property is fully developed. At least that is the down side. You know what you would call a worst-case scenario for the road itself. In terms of the number of houses. Total impact on the Wetlands and where the other houses would be. The Board cannot predict all of this., In view of the fact that SEQRA mandates looking the potential and probable impacts on the wetlands. It is entirely reasonable to look at what will take place down in time. It really should be remembered that this is not just the applicant's road. Mr. Hallock builds this road. It is not his alone. It belongs to all the other property owners. Who have undeveloped property here? About thirty acres Mr. Hallock owns specifically Eleanor Diachun, Ronald Diachun and the rest of it. All who have testified here. All of who have been before this Board and have a mutual interest in the development of this road. Consequentially given the circumstances that it is the critical environmental area. The Board is completely reasonable in continuing to look at the cumulative impacts from the development of this area. Thank you. TRUSTEE KRUPSKI: Thank you. A letter from Matthew Atkinson was received. It came in yesterday and I have not read it. Did you speak to the spirit of the letter? MATTHEW ATKINSON: I spoke mainly to the issue that is immediately before you. I also spoke to the Moratorium and it seems to me that it is a case of not being a little bit pregnant. If this lot is subject to the Board's jurisdiction and it for the development of a residential structure on otherwise vacant land. That it is my opinion that they should fall under the moratorium. Otherwise, you are separating the road from what it is connected to. The runoff from the house into the Wetlands. The usage of the road it is part and parcel according to the ZBA approval. It is an intrigue piece of this residential development. What you have before you is a residential development of a single-family lot. TRUSTEE KRUPSKI: Unfortunately, it is out of our hands. The determination what is and our Town Attorney has determined what is not under the moratorium. We are at odds with this current moratorium wording. We have a draft that we have to take to Town Board as soon as possible to change the moratorium wording because it is not what we intended. So currently I think that we would consider this as it stands now. MATTHEW ATKINSON: He has not said that it is subject to the moratorium. TRUSTEE KRUPSKI: That is correct. MATTHEW ATKINSON: I have copied him on this letter. TRUSTEE KRUPSKI: Is there any other comment? 13 HARVEY ARNOFF: I would appreciate a copy of that letter as well. I thought that Counsel would have transmitted a copy. But he did not. In having said that. If the Board could at some convenience I would appreciate making it available. I will pick it up or whatever. We are not building a road. We do not want to build a road. We have no intentions of building a road. The idea ora sub-division. There is no major sub-division. There is not one person who is going to get a major sub-division out of any of these lots. If you read what may or may not happen. Is one of these parcels may be the subject of a minor sub-division another could be the subject of a minor sub-division. But the way things are going. I do not think that is going to happen either under the circumstances that we have a mere one lot that exists. Mr. Hallock wants to build a house on it. He has been given all the necessary approvals to do it. I think it is time to let him do it. All we want to do is to have some body tell where exactly you want the edge of this road and we will do it. It is an extension. It is a fight of way that exists and we have testimony. That it is existed for a very long time we are not creating anything that has not existed. That does not have judicial approval. Thankyou. MATTHEW ATKINSON: I would like to re-but that. A major sub- division is simply a matter of definition. All sub-divisions not classified as minor sub-divisions including but not limited to the sub- division of five or more lots. Eleanor Diachun property alone is seventeen acres. Which could easily be divided into five lots. If it is not on an approved street. That is where a major sub-division is. Anything over four lots off an approved street. Furthermore the application is here to build a road. The ZBA approval is very clear at that. Secondly, this is not an approved lot. This is a letter subject to this Board's jurisdiction as the ZBA decision made clear. TRUSTEE KRUPSKI: If we are going to go forward with th~s. I think that we need two things. One of which the applicant could not provided for the last two months. That is to have this right-of way staked in the field. This was impossible before a week ago. Because of the snow cover. The fight of way as submitted should be staked in the field so that the Board can review it. That is my suggestion. HARVEY ARNOFF: Do you want us to stake the right-of-way as it is described? In other words the whole fifty feet. TRUSTEE KRUPSKI: That is what we want to see. Because of the memo we got from Planning Board says nine to ten lots. So we are going to follow up on that. We are going to see the road specifications are for each area. It might be larger for one section and smaller when it gets to the end. We want to follow up on that. We do not have any idea. When we drive down the path. Where the actually right-of-way is? HARVEY ARNOFF: We can depict it with flags. JEFF HALLOCK: You want the fifty-foot wide strip. 14 TRUSTEE KRUPSKI: We want the fifty-foot wide strip. If this in fact is going to be the right of way. Then we can identify which we could not have done for the last two months. Now we can identify wetland species either within that or adjacent to that. Last month it would have been foolish endeavor to do anything. TRUSTEE POLIWODA: Flagging it means flagging it not cutting a path. MR. HALLOCK: As far as the right-of-Way, the right-of-way that we were asking for where that road is. Has anyone traveled the road? TRUSTEE KRUPSKI: Not in two or three months. MR. HALLOCK: Because that is the way it is right now. The existing traveled road. If you want us to widen that. Move it into the fifty feet I do not have a problem with that. It was my understanding that everyone wants this land to stay as pristine as possible not to cut trees. The first meeting we had fifty people over there saying. They did not want trees cut. Now it seems to me. You want me to cut a fifty-foot swap of trees. TRUSTEE KRUPSKI: No, no just put stakes up at the perimeter of the right o~'way. Do not cut anything. All we want to do is to delineate. Simply delineate where that fifty-foot wide. If a road has to be constructed there. It is going to have to be put where it is going to have the least impact and it is not causing any settlementation or run- off. On to the adjacent to the wetland. What we have done in the past. You can look at other similar roads. We have approved in town. I think this Board would like to stay away from drywells. Because they need to be maintained. We would rather see passive drainage areas put into the property. Basically cuts with the bulldozer. Leaving depressions in different areas so that the road is pitched into the different cuts. So the water run-off is taken care of itself. There is not a maintenance problem. Like a series of basically small summits. Along the length of the right-of-way. The driveway. If it is not staked in the field. Which was impossible to do. We cannot identify what is there. We cannot send someone out there to take a look at what is there. MR. HALLOCK: We have no problem staking it. TRUSTEE KRUPSKI: Do you want to stake every one-foot interval? TRUSTEE POLIWODA: That is fine as well as I would like to see it staked just to save everyone a few months. I would like to see the wetland delineation line staked as well as the road. Fifty feet from the wetland delineation line so you are given the fifty-foot buffer. MR. HALLOCK: The existing right of way may not be there. Fifty foot away. TRUSTEE KRUPSKI: That is all right. We never seen a road designed that is not going to cause any kind of run off or sentimentation in the wetland. If it deviates off that existing road. I do not think that it bothers this Board at all. 15 HARVEY ARNOFF: So that I understand. You want four lines - you want wetland lines. You want a line fifty feet from the wetlands and you want both sides of the existing deeded fifty-foot fight of way. TRUSTEE KRUPSKI: No we do not need a fifty-foot right of way. We can measure that into the wetlands. TRUSTEE POLIWODA: I am trying to save all of us time. If you stake a road right up against the wetlands and we say no. Because it is going to have negative impact to the wild life and the wetlands itself. I am just saving a few months by going out fifty feet from the wetlands and drawing the line. HARVEY ARNOFF: I am all for that. I am embracing that idea. So I am just trying to define what four lines? TRUSTEE POLIWDA: It think it would be reasonable to have a fifty foot. TRUSTEE KRUPSKI: I do not know if we need it. Ken. Because if you look at it. What we do not know in the field where the right of way is. The path goes back and forth. Where you are actually legally allowed. HARVEY ARNOFF: You want three lines - you want a wetland line on both sides of the deeded right of way at one hundred feet internals. TRUSTEE POLIWODA: That would be fine. HARVEY ARNOFF: I just want to give you guys what you want. TRUSTEE POLIWODA: Four-foot stakes and some kind of ribbon. TRUSTEE KRUPSKI: Ultimately this is going to have to be engineered so that there. It is going to be your responsibility to find someone to design this road for you. That is our goal MR. HALLOCK: I would just like to say it is my opinion that where ever this would have the least amount of impact would be where it is. If you travel the road. TRUSTEE KRUPSKI: We were there last fall. It seems like a lot of places were very close to the wetlands. That in it would leave no place to put any water coming off the road. TRUSTEE POLIWODA: Just a comment on this diagram. It shows a marsh line but that does not delineate the wetland line. TRUSTEE KRUPSKI: The wetland line is always delineated on the survey. Only on the applicant's property and not the whole length of it. What about the State - the DEC. They have to be concerned about the activity there also. HARVEY ARNOFF: We have a letter from them. That there is no jurisdiction. TRUSTEE KING: That is just on the house. MR. HALLOCK: No I think that was for the road to. MATTHEW ATKINSON: The application of the DEC was a Letter of Non-Jurisdiction. I have spoken to the DEC about this. It is entirely appropriate for what was applied for. But it is not for the 16 entire road. DEC would probably like to see this application. I will give you a copy of what I got from them. TRUSTEE KRUPSKI: Thank you. TRUSTEE POLIWODA: I would be a little confused if the DEC wrote down non-jurisdictional on the road where you show on your own survey that the road is going through the wetlands. I do not know how they can say non-jurisdictional. TRUSTEE KRUPSKI: That would be inconsistent. TRUSTEE POLIWODA: It would be the first that I have ever seen. TRUSTEE KRUPSKI: What you might want to consider. This is the letter that we have. November 20th 2002 the property landward of the ten foot elevation contour on the survey as shown and prepared by John Ehlers last revised on 11/13/02. Is beyond the jurisdiction of Article 25 Title Wetlands. Therefore, in accordance with current Title Wetlands Use Regulations. No permit is required. Please be advised that no construction, sedimentation or disturbance of any kind may take place seaward of the title wetland jurisdiction boundary as indicated above and without a permit. HARVEY ARNOFF: We are not looking to do that. We are not trying to be seaward of any thing. The only widening of this road would be on the landward side. TRUSTEE KRUPSKI: It is seaward of their title wetlands jurisdictional boundaries. Which is the ten-foot contour. HARVEY ARNOFF: I think that we are beyond that with this road. TRUSTEE KING: They have jurisdiction of three hundred feet. Their jurisdiction is more than us. TRUSTEE KRUPSKI: What you show on the survey. Does not show the whole length of the road. It only shows that one parcel. I think it would serve better. If you coordinate a field inspection with our Board with the State. At the same time. Our concern is going to be exactly the same. If you get the State there one day, and us the next day and someone says by the big tree and small rock and someOne else is by the big rock and the small tree. You are back here again and then you will be back at Stony Brook again. HARVY ARNOFF: Why don't we contact both Boards. TRUSTEE KRUPSKI: It would make the most sense. TRUSTEE KING: It would simplify. TRUSTEE KRUPSKI: We joint field inspection with the State a lot and it saves everyone a lot of time. TRUSTEE DICKERSON: We will be out on April 17th. It is a Thursday. HARVEY ARNOFF: We should be able to get it staked by then. Contact the DEC by then. TRUSTEE KRUPSKI: Any other cOmment? I will make a Motion to Table the application. TRUSTEE DICKERSON: Seconded. 17 TRUSTEE KRUPSKI: All in favor. ALL AYES o JOHN DEFILIPPE requests a Wetland Permit to remove the phragmites from the shoreline and stabilize with native plantings for erosion control. Located: 3345 Cedar Lane, East Marion SCTM#37-7- 10.2 TRUSTEE POLIWODA: Is there any one who would like to comment on this application? MR. DEFILIPPE: Mr. President, Trustees I do not have anything further to add to the application. Four of you and Charlotte were kind enough to visit the site. I think you saw what I wanted to do. I think our agent Land Use Associates, have described exactly what we want to do. Take out the phragrnites and replace some other natural vegetation. I think Scott Hughes visited the site the day after you were there. I have not seen his report. I do not know what his response was? TRUSTEE KRUPSKI: I will read it. I have not seen it either. I do not think that any of the Board has seen it. 'I have conducted a field inspection of the property and offer the following: The stated purpose of the project is Erosion Control but the site visit showed no indications of current eroding or even a future erosion threat. As such, the project as applied for should be denied. In fact, currently the area between the structures and Orient Harbor has well established, dense vegetation of several species that is successfully serving one of the intended functions of a buffer zone by stabilizing the site. I feel the proposed project would disturb and weaken this erosion control function by literally uprooting this stable system. It would take several years for the site to reestablish itself in which time the phragrnites is likely to return. The areas to be restored is not a monoculture of Phragmites. It is true there is a predominance ofphragmites but within there are several species of plants that are thriving. However, in some areas there are also signs that the phragmites is choking out the native vegetation and in several years time may become a monoculture. If the applicant is truly interest in restoring the vegetation I may recommend a project involving hand removal of the phragmites. Such a project would include close monitoring as to not further disturb this protective zone, which the building construction has apparently already encroached on. That is his assessment of it. Phragrnites control is a difficult thing. We have not really. Because every site is different. We do not have any formula for controlling phragrnites. We let people try it at various different things. One of the most successful what I have seen is letting people cut the phragrnites down to one foot height. Because they cannot live at that height. 18 JOHN DEFILIPPE: Would I be able to cut a path. You saw the house. Could I at least path from the house to the beach. TRUSTEE POLIWODA: Probably four foot wide. TRUSTEE KRUPSKI: Sure, of course. But if you wanted to I am just going to suggest this to the Board. I have not seen this report. JOHN DEFILIPPE: I would like to get a copy I would like to see Land Use Associates take a look at it. TRUSTEE KRUPSKI: Of course, I would not have a problem with a hand trim ofphragmites down to one foot. That will eventually kill them. We have seen areas where the phragmites has been controlled like that. Native vegetation does return because it can grow. It cannot compete with the phragrnites in most areas. JOHN DEFIL2PE: I saw the application I do not think the main attention was erosion control. I think Chuck Bowman meant say is that we want to get rid of that phragrnites. We would like to put in other vegetation for erosion control. I agree with Environmental Planner I do not think that erosion is that much of a problem. You saw it. It is fairly stable. We did want to get rid of the phragmites and doing that we wanted to replace it with something that would prevent erosion. TRUSTEE KRUPSKI: I do not know if you can actually get rid of the phragmites. We have seen projects - we seen one on Robins Island that it was incredible the amount of effort spent. It was a big pond. The size of your property. Full ofphragmites fill no water. The applicant went in and basically excavated the pond down to various depths. Removed all of the phragrnites. Buried them upland under plastic. Replanted the area with native fresh water wetland vegetation. It looked beautiful and we saw it years later also. But it is a constant maintenance on that to keep it phragrnites free. So there is nothing to say that you will get rid of the phragrnites. JOHN DEFILIPPE: It is a continuing maintenance headache. The whole lot was covered with phragmites. Beyond your jurisdiction. Where the house is and landward of where the house. We dug it all out. We brought in some fill. It has not come back yet. But I suspect it will begin to poke through. All fight you willing to entertaining cutting it to a one-foot level and allowing us to cut a four-foot path through to the beach. TRUSTEE KRUPSKI: I am sorry what did you say? TRUSTEE POLIWODA: I believe that would have to be monitored. Maybe by Scott just so that the other species do not get chopped as well. Many times we allow someone to go in and chop down to a foot. Then you go back and you see backress. JOHN DEFILIPPE: I am sorry. TRUSTEE POLIWODA: Many times we allow the applicant to go and cut phragmites down to a foot. We find backress and the rest of 19 the protected species cut down right along with it. That is why you need an Environmental Planner to put flags on everything. JOHN DEFILIPPE: I think that on our application - Land Use has proposed that they would flag and if you want Scot Hughes there it would be fine. You have seen the application there was never any intention t° take out any of the non-phragmites vegetation. He is showing on the sketch where that vegetation was. We will not touch that. We were planning to take out anything other than the phragrnites. TRUSTEE KRUPSKI: I do not have a problem with that. That is the most effective way as far as cost and physical affects in this. Is to rim it one-foot height. It is constrict maintenance. You will see in the lawn area around the phragmites are going to start popping up now. There is no way that you are just going to get rid of them. JOHN DEFILIPPE: Do I need to revise the application to cut or can I get a resolution tonight allowing me to do that. Cut one foot and then a four-foot path. TRUSTEE KRUPSKI: We can approve that tonight subject to. TRUSTEE POLIWODA: One of our Board members made a point. If we allow a four foot path. How can we prevent it from eroding from the upland going down? The mn-off from your house and property. Does you house have gutters? JOHN DEFILIPPE: It will. TRUSTEE POLIWODA: That is one of our concerns. We did not want to see all the roof mn-off hit your lawn and go down the path. Create a swale. JOHN DEFILIPPE: The house will have gutters. They are not there yet. But it will have them. TRUSTEE POLIWODA: That four-foot wide path in. Does not mean excavating. JOH DEFILIPPE: I know that. Just take it down to the existing typraphy. TRUSTEE POLIWODA: Replacing a wood chip down on top of it. Or gravel. Whatever looks nicer? TRUSTEE KRUPSKI: I will make a Motion to trim the phragrnites in the proposed areas on the plan to one foot by hand to a one-foot height. To clear a four foot path from the house to the beach. I will make that Motion. All you have to do amend your plan here just to show -just cross out proposed native planting area. Cut phragmites to one foot and draw the four-foot through. Cut the phragrnites back for a year. Let it Come up cut it back let it come up cut it back and then you can start planting other things in it. You get a better feel for what you want to plant there. After you are controlling it at a certain extent. JOH DEFILIPPE: When do you cut the phragmites? In the spring cut then down to a foot. Can I cut them twice? Just as they do not go below a foot. 20 TRUSTEE KRUPSKI: You can cut then as often as you want. The more you cut the weaker they are going to get. Because you are not putting any strength back to the roots. So cut them now before they start. Because there is a lot of material there now. JOHN DEFILIPPE: It has to be cleaned out again. TRUSTEE KRUPSKI: So clean all that and give it a chance. As they come up all of a sudden they are going to be high. In two weeks you going again to cut. That is up to you. As often as you want. Then if you want to come in and do some plantings. The planting is not a problem. But you will have a better idea. Once you start to control the phragmites. What you want to plant there. Do I have a Motion? TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. o Land Use Ecological Services, Inc. on behalf of DONALD W. SUTER requests a Wetland Permit to add extension to existing framed garage'- existing concrete driveway to be removed and replaced with pervious stone - proposed to build an addition to the northern side of existing single story house as well as enclosing existing screened porch - approx. 100 c.y. Of fill from an upland source will be utilized - proposed additions will still maintain lot coverage percentage under 20% Located: Dean Drive, Cutchogue, NY SCTM#116-5-14.9 POSTPONED ~IS PER/I GENT'S REQUEST ge En-Consultants, Inc. on behalf of NICItOLAS PACE request a Wetland Permit to resheath landward side of approximately 63 linear feet of existing timber bulkhead and backfill with approximately 15 cubic yards of clean sand fill to be trucked in from an upland source. Remove and replace existing walk/deck and posts landward of bulkhead Located: 1760 Reydon Drive, Southold, NY SCTM#80-3-13 TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? ROB HERRMANN: I am Rob Herrmann of En-Consultants, Inc. on behalf of the applicant Nicholas Pace. It is pretty straight forward application. I will say that the application speaks for itself. I can respond to any questions that the Board has. TRUSTEE POLIWODA: Any one else like to comment? I looked at this and it is straightforward. It is all there. Any other comments the CAC did not make an inspection. I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. 21 I will make a Motion to Approve the Wetland Permit on behalf of NICHOLAS PACE. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA; All in favor. ALL AYES I believe there was a buffer there - ten feet or fifteen feet. ROB HERRMANN: There is a ten-foot non-turf buffer. TRUSTEE POLIWODA: I would like to see that maintained as a stipulation. Do I have a seconded? TRUSTEE DICKERSON Yes. TRUSTEE POLIWODA: All in favor. ALL AYES. e En-Consultants, Inc. on behalf of DOREEN &KEVIN BARR request a Wetland Permit to excavate +/- 10' wide area of existing bulkhead and install tie rods and dead men - backfill with additional 25 cubic yards of clean sand fill to be trucked in from an upland source - construct 4' timber walkway landward of bulkhead - remove existing 4.5'x10' deck - construct 10'xl0' deck and construct +/- 10 linear feet of timber retaining wall landward of new deck. Located: 200 Basin Road, Southold, NY SCTM#81-1-20 TRUSTEE POLIWODA: Would anyone like to comment on this application? ROB HERRMANN: Rob Herrmann of En-Consultants, Inc. on behalf of the applicant KEVIN BARR. This is also another straight forward application to do some landward ordinary maintenance on an existing bulkhead. The applicant is proposing a four-foot board walk along the bulkhead. Behind that area now and there is an existing deck that is going to be removed and replaced with a slightly larger deck behind it. There is affectively non-turf buffer on the whole embankment there. So there are no plans to make any changes to that. I do not think that any turf would take there. If they wanted to. So otherwise the conditions would be maintained as they are. That is it: TRUSTEE POLIWODA: Anyone else like to comment on this application? I have a comment I looked at this. Where the bulkhead has falling into the bay. I believe it is bowing out. ROB HERRMANN: Where it is falling. TRUSTEE POLIWODA: It is sort of bent over and leaning forward. They want to put the tie rods in. It is toward the north of property more. Northern side. ROB HERRMANN: Correct. TRUSTEE POLIWODA: Are they going to pull that back? ROB HERRMANN: It will be straightened. It is bowing. It definite bows on that side. That is a primary area of the application. Basically the area that you are talking about is what induced the applicant to file the application in the first place so that should be straightened out 22 through the process. Where it abuts the neighbor to the north. About three foot. ROB HERRMANN: The smaller turn. TRUSTEE POLIWODA: There is a return there. ROB HERRMANN: Well you can see it. In figure one it is exactly looking at exact at what you are describing. TRUSTEE POLIWODA: I could not get there. Because the water on that side. I was wondering if someone just slides a piece of plywood there. ROB HERRMANN: No, do you have the picture Ken. TRUSSTEE POLIWODA: Yes I see it. ROB HERRMANN: The return actually backs up into the neighbor's bulkhead. TRUSTEE POLIWODA: Does the Board have any comment about a ten foot by ten foot deck replace the four half by ten foot. TRUSTEE KRUPSKI: No. TRUSTEE POLIWODA: No other comments, I will make a Motion to close the Hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. I will make a Motion to Approve the Wetland Permit on behalf of DOREEN & KEVIN BAAR. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES ROB HERRMANN: Thank you - good night. TRUSTEE KRUPSKI: You had a couple of items on the Agenda in the past few months that were not resolved because of issues regarding the Moratorium. The Board actually has met with the Assistant Town Attorney last week. With regard to amending the language of the Moratorium. The way it was written to resolve some of those issues. Certainly it has been a problem for a handful of people here. Because it was an important issue. Hopefully we do have language written. We reviewed it before the meeting and amended it slightly. Hopefully the Town Board will in order to facilitate this smooth passage through the Town Board who has to approve this. We would request a letter by you to the Town Board similar to the one that you sent to the Town Board and to the Town Attorney requesting their assistance basically fixing the Moratorium. ROB HERRMANN: I am not sure that I just followed you. TRUSTEE KRUPSKI: Just a letter of support. ROB HERRMANN: That would be in addition to the specific letter that I submitted I certainly appreciate your looking into it. As I stated in the other letter. It was clear certainly to me. That it was not your Board's intent to put those people in that position. I want that clear on the record. So I appreciate you looking into it. 23 TRUSTEE KING: That was not the spirit of the moratorium. ROB HERRMANN: You could see that in some of the amendments. TRUSTEE POLIWODA: Rob I forgot to ask you. On that last application how are they going to get to the site to do the work? ROB HERRMANN: I believe that they are going to come in. Actually, Kevin had you discussed that with the contractor. KEVIN BARR: I think by barge. TRUSTEE POLIWODA: By barge. Okay. I meet with one of the neighbor's up there. They said that you might need a letter of Approval from there Paradise Point Association. Go through their ending there if you come in my barge there is no problem. KEVIN BARR: I think just by barge. But I will check to make sure. TRUSTEE POLIWODA: I just wanted that comment noted. ROB HERRMANN: It is Steve Pollack. I guess if Steve is doing it. It will be probably be by barge. We can get back to you on it. TRUSTEE POLIWODA: It does not matter to me. Matters to them I guess. ROB HERRMANN: If there is some sort of question of access aren't you President of that Association. You can figure that out and look into it. TRUSTEE KRUPSKI: I am going to call a brief five-minute recess. 10. Charles Cuddy, Esq. on behalf of JACQUELINE BITTNER request a Wetland Permit & Coastal Erosion Permit to reconstruct timber bulkhead in kind/in place 320 +/- linear feet new 29+/- ft. return at northwest comer displacement of rocks place rocks for armor along seaward side of new bulkhead install new 6"x6" follower and new bolts 44 +/- new 12" round piles 6-8' on center in place install new 3/4" galvanized tie rods, new anchor piles, all lumber SYP CCA pressure treated to 1.5 lbs/c.f, backfill with approx. 200 cu. yards clean fill from an upland source all hardware to be hot dipped galvanized - restore landscaping - filter fabric behind new timber sheathing. Located: 4305 Soundview Avenue, Peconic, NY SCTM#68-1- 17.2&17.3 TRUSTEE KRUPSKI: Is there any one who would like to speak in favor of the application. CHARLES CUDDY: Good evening, I am Charles Cuddy I appear on behalf of the applicant. This applicant has been here previously as you will recall last September got an approval for emergency work from this Board and the DEC. Now has a Permit that I have given you a copy of from the DEC. Issued March 4th for the very work that we are asking you to also approve. It is absolutely imperative that the bulk heading be approved. If you have been to the site. You have seen that 24 bulk heading has disappeared and without your assistance. We are in major trouble because we are about fifteen feet back from the waters edge at this point. So I would ask the Board if there are any questions. I would be pleased to answer them. I believe that the application is in order. Again the DEC has approved. I have given you new maps. The only difference on new maps is that the high water mark is showing where the DEC has asked us to show it. The rock is placed in front of the bulk heading. So otherwise it is exactly the same application. TRUSTEE KRUPSKI: Is there any other comments on this application? E. BROWNELL JOHNSTON: Do you have a DEC permit? CHARLES CUDDY: Yes we do. E. BROWNELL JOHNSTON: Army Corp. permit? CHARLES CUDDY: Yes we do. E. BROWNELL JOHNSTON: New York State Department of State Coastal Resources Administration Permit? CHARLES CUDDY: Yes, I just said yes. TRUSTEE KRUPSKI: Effective date is March 4th 2003 on the DEC permits. The only concem that we had is the continuing problem of beach erosion in that area east of Goldsmith's Inlet and this structure obviously unique in the area. It sticks out quite a bit into the sand. The only thing that I am going to suggest. On this application is that in the event that the house is ever moved back. In somewhat landward retreat to protect the house. I would like to see the bulkhead and rocks removed from the site to restore it the natural beach line. Eventually this will be untenantable for a house there. CHARLES CUDDY: Probably at some point that will happen. TRUSTEE KRUPSKI: At that point it will bring the house way back and we would like to see all the structure removed. Is that acceptable? CHARLES CUDDY: I think so. Because the house as it is apparently cannot be moved. If it could be I think it would be done. I think that at some point in time. The house will be taken down or there will be some effort to move part of it back. TRUSTEE KRUPSKI: Does the Board have any other comments on this? TRUSTEE POLIWODA: One comment on the proposed new return. I would like to see that softened up. Softening the wave energy before it hits that new return and slams into the soft beach sand - the dune. That is going to have a negative impact on that dune. TRUSTEE KRUPSKI: Do you want to continue on? TRUSTEE POLIWODA: I want to see some kind of rocks. TRUSTEE KRUPSKI: A rock in front of that return. Add more rocks add as much softening as possible. CHARLES CUDDY: Okay. 25 TRUSTEE KRUPSKI: It is a good idea. If there is no other comment I will make a Motion to close the hearing. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. I will make a Motion to Approve the application with the addition of armoring the proposed new return on the western side and the condition that if the house is moved landward that all structure and rock be removed so that the beach can naturally restore itself on either side. TRUSTEE POL1WODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 11. Suffolk Environmental Consulting, Inc. on behalf of LARRY SEVERINI request a Wetland Permit to construct a 975 sq, ft, +/- addition to the existing dwelling; a 250 sq. ft +/- attached porch a 187 sq, ft, +/- rear deck/patio addition to the existing rear deck/patio; and a 500 sq. ft. +/- detached garage. Located: 1795 Pipes Neck Road, Greenport, NY SCTM#53-01-14 TRUSTEE KING: Is there anyone here who wishes to comment in favor of this application? BRUCE ANDERSON: Bruce Anderson - Suffolk Environmental Consulting, Inc. on behalf of the applicant. I understand that you did not look at it before and that no one had a problem. We are across the street from the wetlands. We are separated from the wetland by a paved road. I do want to give you three surveys. My purpose in giving you them are that I flagged the wetland down at the road ending, which is to the east. Environmentally the only thing to really say about it. Is that it would be an upgrade as far as the septic system is concerned and that has been moved beyond the jurisdiction of this Board, TRUSTEE KRUPSKI: They call that a substantial increase. BRUCE ANDERSON: More than likely the size of. If you look at the addition to the east that is going to be cut back greatly. We are showing 22% coverage and we are caped at 20%. Basically the design it will frame lightly. TRUSTEE KRUPSLI: Do we have drywells? BRUCE ANDERSON: We will be happy to put them on. TRUSTEE KRUPSKI: I would like to see some drainage to the driveway. BRUCE ANDERSON: The driveway is earth in. I do not knoTM what kind. We can put a drywell. TRUSTEE KRUPSKI: One of the problems that we have been having with these driveways. Is that everything is pitched into the road. Then it becomes a Highway Department problem. Well this is pitched back onto the property. 26 BRUCE ANDERSON: Within the next month or so. The Town will be confronted with new Federal Requirements for storm water run-off permits. Southampton just implemented this about a week ago. Yes the idea is to prevent what you are talking about and it is not hard on us. Because we are given specific directions on the size of leaching pools and so forth. This is something that probably would not even commence construction in the fall. By then as a Matter of Law. There would be full run-offcontrol. The way the other Towns are doing it is through the Building Permit process. Which probably makes sense. I will certainly add that to the survey. TRUSTEE KRUPSKI: Stake row of hay bales some where at the property line on the roadside. TRUSTEE KING: Are there any other comments on this application? I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE KING: I will make a Motion to Approve the application. TRUSTEE POLIWODA: Seconded. TRUSTEE KING: All in favor. ALL AYES 12. Suffolk Environmental Consulting, Inc. on behalf of LOIS T. ANDERSON requests a Wetland Permit to construct a new wood bulkhead in front of the existing wood bulkhead (within 18" seaward) to construct (to replace existing) fiberglass sheathing bulkhead 132' +/- secured by dead men 8" round at 8' intervals; and two (2) returns 5' long each, and to remove the existing pilings securing the existing wood bulkhead. Located: 2515 Calves Neck Road, Southold, NY SCTM#70-4-45.5 TRUSTEE POLIWODA: There is anyone who would like to comment on this application? BRUCE ANDERSON: Bruce Anderson Suffolk EnvirOnmental Consulting, Inc. for the applicant. I have just given you three revised plans. So that you know the revisions include exactly what you asked. That is a fifteen-foot non-disturbance - non-fertilization buffer. That the existing bulkhead will be removed. This bulkhead will be replaced at its location. So there is no further encroachment. Finally there was an objection received from the neighbor. To the west and part of that had to do with the connecting to the return, which is the best way to do it. We will be constructing our own return on the property line. Along the western side lot line. I can tell you that we would not probably would not consider building until next winter. Due to some family problems. That is consuming us at the moment. TRUSTEE POLIWODA; Sounds fine just what we asked for. TRUSTEE KRUPSKI: What does no disturbance fertilizer mean? Is that also no turf?. 27 BRUCE ANDERSON: We are going to plant it in maybe wild flowers something of that nature. We have really settled on a plant. We have Mr. Cichanowicz down there to look to it. Give us some good advice. TRUSTEE POLIWODA: Any other comments on this applicatiOn? If not any other Board comments? I will make a Motion to Close the hearing. TRUSTEE KING: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. I will make a Motion to Approve the Wetland Permit on behalf of LOIS T. ANDERSON as per new revised plans there shall be a fifteen-foot non-turf buffer. TRUSTEE KRUPSKI: That is your mother's house? BRUCE ANDERSON: Yes. TRUSTEE POLIWODA: Do I have a seconded? TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. 13. 14. Costello Marine Contracting Corp. On behalf of JOHN DILL request a Wetland Permit to remove and dispose 273' of existing timber jetties - construct 142' total of three new jetties with C-Loc vinyl sheathing in place of existing. Located: 484 Jackson Street, New Suffolk, NY SCTM#117-10-3 TRUSTEE DICKERSON: Is there anyone here who would like to speak for the application? Anyone here like to speak against the application? Are there any Board comments? TRUSTEE KRUPSKI: Did he give us a survey? That is what we are waiting for. So we do not have a survey? TRUSTEE DICKERSON: I will make a Motion to Close the Hearing or do I table it. I will make a Motion to Table the application. Do I have a seconded? TRUSTEE POLIWODA: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES Costello Marine Constructing Corp. On behalf of DOUG ELY request a Wetland Permit to construct 116' new batter-style bulkhead (including 2-8' long returns) with C-Loc vinyl sheathing seaward of existing bulkhead. Located: 1250 Grand Avenue, Mattituck, NY SCTM#107-1-10.4 TRUSTEE KRUPSKI: The same with the next one. TRUSTEE POLIWODA: We wanted a survey also. Are they neighbors? TRUSTEE KRUPSKI: No they are not. He was going to get back to the applicant. TRUSTEE POLIWODA: Applicant did not submit new plans? 28 TRUSTEE KRUPSII: I will make a Motion to Table the application of DOUG ELY TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 15. Patricia Moore, Esq. on behalf of NEW SUFFOLK SHIPYARD request a Wetland Permit to dry rack storage of 15' to 25' boats, three tier open system dry rack storage is preferred system in that boat bottom do not have to be painted (environmentally better). Located: New Suffolk Road, New Suffolk, NY SCTM#117-05-29.1 TRUSTEE KRUPSKI: Anyone would like to speak in favor of the application? PATRICIA MOORE: I have Michael Irving here from the New Suffolk Shipyard and myself and I think that the permit application speaks for itself. It is a dry rack system. I think from your inspection some one - Mary from the shipyard showed you exactly where they are going to be placed. It is the new type of system that is being recommended in the boat industry. To try to mitigate some of the environmental affects that additional boat slips. Complaints that the Environmental Community has with respect to boat slips. TRUSTEE KRUPSKI: Would anyone like to speak in favor or against the application. MICHAEL WITHERS: Yes, I am Michael Withers I own the property to the north of New Suffolk Shipyard and I have a couple of questions that I would like to ask. One is whether or not this project falls under the moratorium. Because it would be building within a one hundred feet of the water line of some of these boat racks, That are proposed are within forty feet of the water? That is one question. TRUSTEE KRUPSKI: No it would not be because it is not vacant land. MICHAEL WITHERS: My other question is about the pollution on the environmental impact to increasing the number of boats in the shipyard by 50% knowing that just the bottom paint alone is not the only pollutes that come from these boats. It seems like an excessive number of boats to be added into an already congested creek. TRUSTEE KRUPSKI: That is a good question. TRUSTEE POLIWODA: In the past we have been quite liberal with marine own property. Because that is the place to keep your boats. TRUSTEE KRUPSKI: I believe that the marina industry is under strict environmental controls from the state. As far as the way they have to comply with different activities. I believe that they are a regulated industry. MICHAEL WITHERS: I am speaking also to the point of the kind of materials that the boat owner's use to clean and maintain their own boats. When they are in the water. A lot of those materials end up in the water. I had one other concerned with the foundation and structure 29 of these racks considering this in a flood zone. If there is a storm and the land is flooded out. How stable would these units be? TRUSTEE KRUPSKI: Good question. MICHAEL WITHERS: That is my question. PATRICIA MOORE: I think Michael Irving is more familiar with that type of construction. MICHAEL IRVING: Michael Irving of New Suffolk Shipyard and maybe I can answer some of those questions? First with regard with the volume of boats that are in the creek. Adding the rack system does not increase the volume that is capable in that marina. The alternative is smaller boats, which could be land blocked and consequently the rack system is just really a neat up. So you do not have boat all around the marina. With regards to the pollution. There is actually less pollution problems with boats that are kept in the rack system. Any washing obviously is not done in the water. It is done on land. Any of the migration of chemicals into the water is going to be taken in with the drainage system that is in the marina. As far as the storm problem. These racks are placed above ten-foot watermark. There shouldbe no problems with storms or any flooding. The first tier of boats is also twenty-four inches off the ground. So you would have to have quite a tide. PATRICIA MOORE: Are they on foundations? MICHAEL IRVING: The rack system is set on cement pillars that are in the ground. So they are not going to shift on non-stable land. TRUSTEE KRUPSKI: Thank you. PATRICIA MOORE: You want to put on the record the size of the boats that you are anticipating on the rack. MICHAEL IRVING: Most of the boats as we just discussed are going to be relatively small in size. Maximum size is going to be twenty-five feet. TRUSTEE KRUPSLI: I have seen boat racks in other marinas. It is pretty much a standard system. ~ PATRICIA MOORE: Actually it is not an enclosed system. MICHAEL IRVING: The misconception that most people are the result of several projects has taken place locally. With a big enclosed system. These racks are an open rack system. Consequently, the visual impact is less. We are not building a huge building. It will be very difficult to see them with screening that is there in the marina presently. The placement of the racks behind the building if you walk out there which you all did. The reason that the location was selected because it was less attractive to the community in general. Those racks should be hidden by any traffic on the road or people across the street. PATRICIA MOORE: I also want to put on the record that with respect to this particular marina. It is a pump out station marina. So unlike some of the smaller marinas that are privately owned. This one 30 actually conforms to the highest level of environmental protection. So because these are commercial marina. He has to follow as you pointed out the marina industry rules. Which also include pump out and other protected measures. For when you paint bottoms. When you service boats. They are under much more scrutiny than homeowners in their back yard in their own marinas. Or private individuals who just happen to have marinas as part of their hobby. MICHAEL IRVING: From the environmental issues. You will find in most marinas. They have to have numerous licenses. Including pesticides license in reference to bottom painting. We are constantly being inspected for any water or over flow. Storm water run-off. I think in general most of the marinas are pretty conscious of this. We probably make it more of a conservative effort environmentally than you do or individual homeowners would do. PATRICIA MOORE: You should actually encourage the marina to develop within the commercial zone properties. Rather than having people be forced to or the pressure for the need for dockage. To be in people's private homes. So we need your help in supporting these type of applications. Because if the marina industry has space available. You have less pressure from the homeowner's to expanding their water front. TRUSTEE KING: I just have one question. Are you getting a lot of success from the pump out station are people using it? MICHAEL IRVING: Not as much as I would like to see it. In reality it is the boater that is violating or anyone else. TRUSTEE KING: It is difficult. It is very difficult. TRUSTEE POLIWODA: Can you offer an incentive? MICHAEL IRVING: Yes you can. TRUSTEE POLIWODA: Gas up and offer ten cents off a gallon. If you are willing to pump out. MICHAEL IRVING: People do that. Pump out with a fuel fill up. The real thing that the Trustees' should do. Is put a greater emphases on changing most of these boat systems. Because a great percentage of them do not have holding tanks. No body has switched over. More inspections on the part of the Bay Constable would be a big help. Because that is where a lot of the pollution is coming from. TRUSTEE POLIWODA: Thank you. TRUSTEE KRUPSKI: Any Board comments? E. BROWNELL JOHNSTON: Which agency regulates chemicals? Bottom paints and things like that? Which one is part of the DEC? MICHAEL IRVING: The DEC is what they call Pesticide License Requirements. Both the business you and myself have to have on site applicator with a license. E. BROWNELL JOHNSTON: They inspect that at Stony Brook? MICHAEL IRVING. Yes out of Stony Brook. The DEC runs a series of programs. It is a very intensive program. It is a thirty hour course 31 training three days of which they call five "D" required training. Then re-certification every year. It is not an easy thing. E. BROWNELL JOHNSTON: Thank you. TRUSTEE KRUPSKI: Do I have a Motion to close the hearing? TRUSTEE DICKERSON: So moved. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Do I have Motion to approve the application? TRUSTEE KING: I will make a Motion to Approve the application as submitted. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 16. Patricia Moore, Esq. on behalf of GLENN BEHR request a Wetland Permit for "as built house, patio, pool and sanitary" Located: Cedar Beach Road, Southold, NY SCTM#79-8-15.2 TRUSTEE KRUPSKI: Can I have that file? PATRICIA MOORE: I will brief you on this. This is the Mc Kenna house. This house was built with a building permit. It is completely finished. The McKenna family apparently had some financial problems. My client Mr. Behr ultimately acquired the property. He had to actually complete this building permit. The house is complete but they never got a CO and the way the Building Department works is actually you have to reactivate your building permit. In order to convert to a CO. Even though you are completely done with the house. You have go through that step. In order to get a building permit we need your approval. So here we are. The survey as you can see. It is a fourteen-acre property so the survey is huge. There is a small a detail map over on the right comer of the survey that gives you the details of the house. Where the sanitary is. What has not been completed to date. Is the landscaping of the pool. There is a hole there. But all of the landscaping and related work for the pool has not been completed. There is a retaining wall to the right of the house. Which is going to be the patio. Which is going to be brick on sand base. So I just want to be sure what I had Behr do. He drew up a detail. I am going to give you the one that I have that I re-wrote. If I can just show you. We are not in violation. We were outside the seventy five foot jurisdiction. E. BROWNELL JOHNSTON: You have already convinced me. Stop talking. You won. PATRICIA MOORE: On this side because I do not want any confusion when he is out doing his finish work. On this side which is where the seventy five foot. Just want to make sure that it shows as 32 pervious. He is showing the completion of the patio on the right hand side. There has to be a walk way to the back of the house. Then there is the patio around the pool. We know from your field inspection that you wanted to see a roof drywell which we have included here. On the left side of the house. That will be included in the final survey. We have asked the surveyor to put it on. But timing since your inspection. We have not gotten the print. You can make this drawing a part of your record. It will be installed. We also had to complete the driveway in front of the garage. We need kind of a back up system - a turn around. So that the cars do not have to back down the driveway. The driveway is a shared driveway with the neighbors. We are also going to maintain that as a pervious material as well. You can see that it pretty nasty right now. It is tough to get through. TRUSTEE KRUPSKI: Which neighbor shares it. PATRICIA MOORE: It is a right of way. There is a yellow house on one side and there are two houses that are there. TRUSTEE KRUPSKI: That is fine. I just thought it went on. PATRICIA MOORE: No TRUSTEE KRUPSKI: Because there were about one hundred neighbors out there. The day that we were there. All running through the woods. PATRICIA MOORE: Oh the deer. Any way we wanted to be sure that you had all of the landscaping. The patio and everthing included so that we do not have any misunderstanding when the house is completed. We have shown the seventy five foot set back which was the original set back for the construction. I know you wanted to have a non-disturbance buffer. But my thought was could you have the non- disturbance buffer nm along the contour line. The fifteen foot contour line. I think it would make more sense. So that people have access around their house. Otherwise, you are going to end up with the seventy five foot almost on top of what is the patio being the end of the more or less where the seventy five foot ends. It will just make the house more useable. Fifteen-foot contour is a normal break. GLENN BEHR: Good evening Glenn Behr we were actually unsure what we were going to do. As far as lawn area. If anything we were going to do a natural seed. No sod or anything that would require any kind of fertilization at all. Or sprinkler system, just a basic rye seed. If anything just to stabilize the ground material. PATRICIA MOORE: It is pretty wooded under there. You are going to have problems. GLENN BEHR: Really most of this would be on the landward side of the pool and the back comer of the house. Which is opposite the wetland line area. Because most of the time the wetland line is the contour and that would be non-disturbed. PATRICIA MOORE: My thought is that you can have a non-turf area. Non-disturbance is different than non-turf. 33 TRUSTEE KRUPSKI: I think that we wanted non-disturbance. I think that would rather go with fifty feet. PATRICIA MOORE: That is fine from the wetland line. Obviously that does not include the driveway. Because you have to cut through the driveway TRUSTEE KRUPSKI: But the driveway exists. We did notice it as long as it is going to be pervious. I think we will put that on the permit also. GLENN BEHR: That is fine TRUSTEE POLIWODA: There is a lot of asphalt that runs down through your property. GLENN BEHR: That is on his property. Actually the center right of way is going to be gravel as well. TRUSTEE KRUPSKI: See that is why you have big ruts there. Because they have paved a huge section. We noticed it just pours down there. It runs off the right of way and then it flows into the road. GLENN BEHR: He told me that he is going to change it to gravel. Whether or not he is going to. I do not know? TRUSTEE KRUPSKI: That is one of the problems. We have been all over people pave it and then it is a problem for the next guy. Generally it winds up with the Highway Department. GLENN BEHR: Once it is stabilized like now. It is basically top soil and mud. Once it is stabilized rolled out and gravel compacted it will be a pervious surface as well as a stabilization situation. Now it is just mud. TRUSTEE KRUPSKI: It will still be a gully. He has a lot of water coming off there. GLENN BEHR: The three of us maintain that right of way. Three parties that will share in that. So it is up to us to maintain that. They have neglected to do because they are waiting for us to finish. So that there is going be trucks and everything else. They will not put the road in until we are through. Which should be relatively soon. SO everyone is anxious to get the driveway stabilized comPacted and gravel put down. PATRICIA MOORE: Okay. TRUSTEE KRUPSKI: I will make a Motion to close the hearing. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES. I will make a Motion to Approve the application with the condition that there be a fifty foot non-disturbance buffer from the wetland line, backwash drywell put in for the pool TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 34 17. Catherine Mesiano, Inc. on behalf of RiCHARD HEFFERNAN request a Wetland Permit for in kind/in place replacement of 65-foot wood bulkhead and replace of existing steps. Located: 730 West Shore Drive, Southold, NY SCTM#80-1-48.1 TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? CATHERINE MESIANO: Yes, I am Catherine Mesiano on behalf of the applicant. I think that the application is straightforward. If you have any questions I would be happy to address them. The contractor is here to help you if you need. TRUSTEE KRUPSKI: Just one moment, Pat. Just draw on the plan - come in the office and drawn on the plan the fifty-foot buffer on here tomorrow. TRUSTEE POLIWODA: Any other comments? No other comments I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded TRUSTEE POLIWODA: All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit on behalf of RICHARD HEFFERNAN as per plans. Do I have a Seconded? TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES 18. Catherine Mesiano, Inc. on behalf of DENNIS HENCHY requests a Wetland Permit for landscape activity landward of existing bulkhead. Located 1325 Kimberly Lane, Southold, NY SCTM#70-13-20 TRUSTEE DICKERSON: Is there anyone here would:like to speak for this application? CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. We met at the site. You seemed to be somewhat comfortable. You referred to your environmental planner. Do you have any questions? TRUSTEE DICKERSON: CAC recommends approval of the application with the stipulation that no activities conducted seaward because there are ingenious species that are in place set up to protect the shoreline. We also noted some of that also. CATHERINE MESIANO: We had no intention of doing anything seaward of the bulkhead. Other than the walkway. I wanted to make sure that was here as well. As shown on the plan. There was no intention to do anything with the vegetation seaward of the bulkhead. 35 TRUSTEE KRUPSKI: I did speak to Scott about this. He did not have a big concern. There clearly is a disturb area. CAHTERINE MESIANO: What they are doing is minimal. They are cleaning up the trees that are there. Taking out some of the weedy part. There is nothing valuable growing in there. They are putting in vegetation. That is much more valuable. It is an ingenious species, which will encourage the habitant for the wild life. TRUSTEE DICKERSON: Any other comments? The Board has any comments? I will make a Motion to close the heating. TRUSTEE KING: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES I will make a Motion to Approve on behalf of DENNIS HENCHY for a Wetland Permit for landscaping activities. TRUSTEE POLIWODA: Seconded. CATHERINE MESIANO: Excuse me, landscaping activities. Also on my plan I do also have the walkway from the bulkhead over the tip raft. Are you also approving that? TRUSTEE DICKERSON: As written here it just says for permit for landscaping activities - landward of existing bulkhead. We will add the walkway- four foot. TRUSTEE KRUPSKI: Are there plans in there? CATHERINE MESIANO: There is not a set of plans in there. If you would like to approve the landscaping and I will bring the plans. TRUSTEE KRUPSKI: We will have to see. CATHERINE MESIANO: You need to see elevations and that was my error. If we can approve the landscaping and I will bring it back to next month with an elevating on that walkway. TRUSTEE POLIWODA: I would rather see no elevation. In that location where is no structure on the beach. I would like to see just the basic walkway. CATHERINE MESIANO: All we want to do is to be able to get from the bulkhead across the tip raft and down. That is all We are looking for. TRUSTEE POLIWODA: Where is that rip raft it is out quite far. CATHERINE MESIANO: We just need to get across it. So we can get across the vegetation. Because as it exists right now. There is no way to get from the property to the beach. There are no steps down. There is nothing there. We have to trench through any vegetation and climb up over the tip raft. There is no way to access the beach. TRUSTEE KRUPSKI: We did not look at it at all. It might be easier instead of trying to approve and amend it. Why not Table it. CATHERINE MESIANO: My only concern is that they would like to get in there and start working on it. Because it is a good time to start cleating and cleaning up before it is growing. 36 TRUSTEE DICKERSON: So I will make a Motion on behalf of DENNIS HENCY for the landscape activity landward of the existing bulkhead only. Located 1325 Kimberly Lane, Southold, NY. CATHERINE MESIANO: I will come back next month with an elevation for the walkway. TRUSTEE DICKERSON: Do I have a seconded? TRUSTEE KING: Seconded. CATHERINE MESIANO: Just to clarify do I have to do another posting - mailing? TRUSTEE POLIWODA: I believe so. TRUSTEE KRUPSKI: Yes it is an Amendment. CATHERINE MESIANO: I just did not want to have any problem. TRUSTEE POLIWODA: As far as elevations during the moratorium. We are looking at a new product. The grading system for the walkway. We found one that comes in twenty-foot lengths and you can cut it what ever. You can bring it down way down. CATHERINE MESIANO: All we want to do is to go straight off the top of the bulkhead across the top of the rip raft and down. TRUSTEE POLIWODA: We do not want to see four foot wide and handrail. CATHERINE MESIANO: Across the rip raft because there is no place to get off this property and onto the beach. TRUSTEE POLIWODA: Potentially with the grading you can go from the tip of the bulkhead right to the rip raft itself. TRUSTEE KRUPSKI: It would be low instead of wood decking. TRUSTEE POLIWODA: The wood decking the DEC is going to say that you are going to be above the dtme three feet. CATHERINE MESIANO: Do you have anything in your office. Regarding this product that you are talking about. TRUSTEE KING: I have a couple of samples at home. CATHERINE MESIANO: Could you give me a nameor product number or something. TRUSTEE KING: I cannot even think, Cathy. It comes in aluminum comes in fiberglas. TRUSTEE POLIWODA: It lets about seventy percent of light through. TRUSTEE KING: The four feet wide, shows a lot of potential to get these catwalks down low. CATHERINE MESIANO: They have waterfront and they cannot get to it. You see how overgrown it is. You cannot get through ito TRUSTEE KRUPSLI: How did you leave it, Peggy did you approve all that. We had it all seconded. 37 19. Catherine Mesiano Inc. on behalf of WILLIAM LOIS & BINA COMES requests a Wetland & Coastal Erosion Permit for installation of approximately 330 1.f. Rock revetment along the shoreline also Wetland Permit for cleans up of debris within 100 feet of HWM. Located 57875 & 58105 North Road, Greenport, NY SCTM#88-2- 8&9 TRUSTEE POLIWODA: Anyone who would like to comment on this application. CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. The first part of this application is for a rock revetment to protect the shorefront of this property. As you are aware the properties on either side are currently bulkheaded. There is some lost to our property as the result of that. As far as revetment is concerned I think that the application speaks for itself. Are there any questions on that part of that application? TRUSTEE POLIWODA: Aren't there outstanding violations on this? TRUSTEE KRUPSKI: In the field we actually ask for a re-planting plan. A re-vegetation plan for the violation. Was that ever submitted? CATHERINE MESIANO: I have not submitted that because I wanted to get all of your comments and incorporate all of the discussions regarding this issue this evening. So I do not have anything specific. One of our concerns though is that. You are concerned regarding the re-vegetation plan. What has been cut on the site? Will be re- vegetated naturally. The root systems have not been disturbed. The plants are there. It was cut down as a winter clean up effort. Just to speak to the violation that you mention. There was substantial debris that was dumped that was on site prior to the present owners taking title to the property. There were at least twenty old truck tires. There were chunks of concrete, cresol lumber; there was old stuffing material with spikes sticking out of it. There were oilcans. There was anti- freeze bottle. Aluminum - tons of garbage. We have a statement from the contractor who did the clean up. As to the quantity of the debris that was in there. The activity that took place. Was necessary in order to get that amount of debris out of there. There was substantial amount of debris. You cannot see it from where you stood. But there was a substantial amount of debris. Pat Moore represents Dr. Lois on these matters and has a letter from the contractor that we can provide to you. That speaks to the amount of material that was taken out of there. There was no disturbance to the beach. Again I want to stress. There was no ground disturbance. The root systems are in tact~ TRUSTEE KRUPSKI: That was de-vegetated down to the soil. PATRICIA MOORE: No No TRUSTEE KRUPSKI: We were there last week. It is de-vegetated right down to the soil (tape change) PATRICIA MOORE: If you use a rake. It is possible that it was. TRUSTEE KRUPSKI: They manicured it. 38 PATRICIA MOORE: Just so that you know the procedures that we are going through right now. We were scheduled in Justice Court I think it was last week. The Assistant Town Attorney was out of town. So it got pushed to April. By April you are going to see what it looks like which usually vines when you cut them. Grow even more lush and full. So it would seem to me that we push this off. At least the re- vegetation plan. Why don't you take a look at it in April when it is all fully grown in. Because it will grow back thicker then what is before. Particularly healthy. Because you have taken out all the garbage and contention that have been there meshed into all of the vines. You have all of the photographs. TRUSTEE KRUPSKI: We can table the whole thing. But I would rather see. PATRICIA MOORE: My second point is that you are going to have a re-vegetation plan but you also going to have a groin that is going to be built. Do you want a re-vegetation plan post rock revetment. I think that makes more sense. TRUSTEE KRUPSKI: We asked in the field for a re-vegetation plan. I rathei: the applicant have the responsibility of providing us with a re- vegetation plan. That we can review it. PATRICIA MOORE: I can ask the landscaper if he can draw it up. But re-vegetation has the vegetation that is there to grow back healthy and full and do not touch it. Then it is re-vegetated. TRUSTEE DICKERSON: I think some of the cuttings were backruss. They were fairly large and it is going to take years for that to grow back to the way it was. TRUSTEE KRUPSKI: We want to see it re-vegetated and then it will be re-vegetated. CATHERINE MESIANO: Another point is. You talk about re- vegetation but during the act of installing the revetment. There is going to be substantial disturbance to that area. When the revetment is completed. That would be the appropriate time to install plantings. To create the buffer areas that you want. The debris had to be picked up and cleaned up. TRUSTEE KRUPSKI: Let us put that past us. How they did it. It is done they did what they did. Let us get into what we asked for in the field was a re-vegetation plan. That is what we need to see. PATRICIA MOORE: We will draw it up I am trying to make sense. So I can explain to the landscaper who is going to do it. IfI say draw up a re-vegetation plan the implementation of the re-vegetation plan would make sense. After the activity has taken place. Because then you can add more I would imagine that you would put the revetment in. I think his intention is to actually landscape and vegetate. So you are going to get a lot more that way. Then to have him do what ever has to be done. I think that you find in April that it is not stable. Then it make absolute sense. But I think what you are going to find is that 39 all the plants that have been cut by hand. Are all going to be growing back. TRUSTEE POLIWODA: I do not think that it would be a bad idea to put a row ofbackruss on the landward side of the buffer. TRUSTEE KRUPSKI: I still want the applicant to come in with a plan. To re-vegetate the thirty five foot non-disturbance buffer. Then we can have our environmental planner review it. Do not forget the re-vegetation has certainly timed in. With the construction of the revetment. PATRICIA MOORE: So that makes sense. It did not make sense to us. We are glad that you are clarifying that for us. CATHERINE MESIANO: I understood you in the field to say. That you wanted a re-vegetation plan now prior to the revetment. It would not make any sense to re-vegetate and rip it all out. TRUSTEE KRUPSKI: That is exactly what I said. Is that we need a re-vegetation plan. CATHERINE MEISANO: I wanted to clarify that. Because what made sense in my mind was to give an over-all re-vegation plan that would'follow the revetment. Am I understanding you. That was not what I understood at the site. TRUSTEE DICKERSON; I would rather see native plantings instead of landscape. CATHERINE MESIANO: We would propose a planting plan of native or indigenous species. Things that are tolerant to the drought, salt conditions because we are all aware there are certain plants that tolerate the salt. There are others that are not going to last a season. So we are not going to spend a lot of money on things that are not going to be there next spring. It would be our intention to present you with you a plan that can survive in that environment. TRUSTEE KRUPSKI: I am going to go out on a limb here. Is that a contractor in the back of the room. PATRICIA MOORE: Are you going to build the revetment? GENTLEMEN: I do not know. TRUSTEE KRUPSKI: Will that revetment be built offthe beach side. GENTLEMEN: No from the upland. TRUSTEE KRUPSKI: The plan as submitted shows about 2/3rds of it covered with sand. Dug into the beach. Covered it with sand. GENTLEMEN: Dug into the edge of the beach. As it is now. TRUSTEE KRUPSKI: The violation will be settled when? PATRICIA MOORE: I think it has been scheduled for April. I do know the date? CATHERINE MESIANO: Given the thirtieth. It is most likely before that. PATRICIA MOORE: It is the request of your Town Attorney. TRUSTEE KRUPSKI: No it was the request of the applicant, when they did this. 40 Vw PATRICIA MOORE: No the adjournment was requested by the Assistant Town Attorney. TRUSTEE KRUPSKI: So we will get that cleared up. I will make a Motion to Table the application until the plans are in. All in favor. ALL AYES. TRUSTEE KRUPSKI: How do you want to handle Fisher's Island. Just want to Table it all. I will make a Motion to Table the application of LUCIUS FOWLER, HAY BARBOR CLUB, RICHARD BINGHAM TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 20. JMO CONSULTING on behalf of MARC RUBENSTEIN request a Wetland Permit to construct an addition, deck and terrace onto an existing single family dwelling and to construct an addition and porch on to an existing cottage. Located Madeline Avenue No # Fisher's Island, NY SCTM#6-7-7 (TABLE) 21. Docko, Inc. on behalf of LUCIUS FOWLER request a Wetland Permit to relocate an existing 10'x20' float with four new restraint piles and install a new 3'x20' hinged ramp Install seven new tie off piles, all waterward of the apparent high water line. Located: Equestrian Avenue, Fisher's Island, SCTM#9-3-9 (TABLE) 22. Doeko, Inc. on behalf of HAY HARBOR CLUB requests a Wetland Permit at the diving area at the swimming dock filled in with sand from gales from the west and northwest to be dredged 3 feet +/- dredged sand will be transported by barge over to the Mobil Dock in West Harbor and off loaded- trucked back to replenish the beach near the south dock used for upland fill purposes - landward of the MHW line. Located Bell Hill Avenue, Fisher's Island, NY SCTM#9-3-19 (TABLE) 23. Docko, Inc. on behalf of RICHARD BINGHAM requests a Wetland Permit to extend an existing 6' wide fixed pier by 30 (+/-) If. To reach suitable berthing depth all water ward of the apparent high water line. Located: Central Avenue, Fisher's Island, NY SCTM#6-4-2 (TABLE) MOORINGS/STAKES: TRUSTEE KRUPSKI: All these mooring renewals are not new moorings. They are only people that have been on the waiting list. Apparently after many years. Have gotten their chance. 41 ALBERT & SUSAN RAVA request a Mooring/Stake Permit - replacing mooring in East Creek TRUSTEE KRUPSKI moved to Table needs more information - 50 feet to channel- has never had two boats there. TRUSTEE KING seconded. ALL AYES JOHN & CATHERINE MC DONALD request replacement of mooring #108 in Broad Water Cove with a 30-foot boat TRUSTEE KRUPSKI moved to Table needs to know the size boat that is being replaced. TRUSTEE KING seconded. ALL AYES o GAETANO PERRONE request replacement of mooring #855 in East Creek with a 17' boat. TRUSTEE POLIWODA moved to Approve the application TRUSTEE DICKERSON seconded. ALL AYES .RICHARD MELLAS request replacement off shore stake #551 Goose Creek with 14' sailboat - Public Access. TRUSTEE POLIWODA moved to ApproVe the application. TRUSTEE DICKERSON seconded. ALL AYES o THOMAS SHEARIN request replacement mooring #907 in East Creek - size of boat to be determined once mooring application is approved. TRUSTEE KRUPSKI moved to Table has to show boat size and access. TRUSTEE KING seconded. ALL AYES o WALTER MILLIS request replacement of mooring #22 in Gull Pond with a 21 foot boat. TRUSTEE KRUPSKI moved to Approve the application. TRUSTEE KING seconded. ALL AYES LAWRENCE JONES request replacement of mooring #14 in Gull Pond with a 28 foot boat. Access: Public TRUSTEE KRUPSKI moved to Approve the application. TRUSTEE KING seconded. ALL AYES Meeting Adjourned at: l O:30 p. m. RECEIV D left Respectfully submitted by: Board of Trustees Revised 4/25/03 42