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HomeMy WebLinkAboutTR-01/18/2023 �� Glenn Goldsmith,President Town Hall Annex� �' ��, A. Nicholas Krupski,Vice President ¢ 54375 Route 25 P.O. Box 1179 Eric Sepenoski , i Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Minutes �n „ ; Wednesday, January 18, 2023 I ' 5:30 PM F E S 1 6 2023 Present Were: Glenn Goldsmith, President A. Nicholas Krupski, Trustee Eric Sepenoski, Trustee Liz Gillooly, Trustee Elizabeth Peeples, Trustee Elizabeth Cantrell, Senior Clerk Typist Lori Hulse, Board Counsel CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE TRUSTEE GOLDSMITH: Good evening, and welcome to our Wednesday January 18th,-2023, meeting. At this time I would like to call the meeting to order and ask that you please stand for the Pledge of Allegiance. (Pledge of Allegiance is recited). TRUSTEE GOLDSMITH: I'll start off by announcing the people on the dais. To my left we have Trustee Krupski, we have Trustee Sepenoski, Trustee Gillooly and Trustee Peeples. To my right we have pro bono attorney to the Board, Lori Hulse, and Senior Clerk Typist Elizabeth Cantrell. Also with us tonight we've got court stenographer Wayne Galante, and from the Conservation Advisory Council we have Carol Brown. Agendas for tonight's meeting are posted in the hall and also on the Town's website. We do have a number of postponements for tonight. Postponements are in the agenda, on page four, number 4, Costello Marine Contracting Corp. on behalf of FOUNDERS LANDING BOAT YARD, LLC requests an Amendment to Wetland Permit#8666 for the as-built 68' long solid splashboard system under the offshore fixed finger pier. Located: 2700 Hobart Road & 1000 Terry Lane, Southold. SCTM# 1000-64-3-10 & 1000-64-3-11 On page five: Number 4, J.M.O. Environmental Consulting on behalf of J. GEDDES PARSONS requests a Wetland Permit and a Coastal Board of Trustees 2 January 18, 2023 Erosion Permit to remove the existing 5'x81' fixed dock and piles (16), 3'x20' ramp and 9'x18' floating dock; construct a proposed 5'x81' fixed dock secure_d by sixteen (16) piles; install a ------- -- -- 4'x16'adjustable ramp; and install an 8'x18.5'floating dock- situated in an "I" configuration and secured by four(4) piles; and to replace the five (5) existing tie-off piles as needed. Located: 515 Sterling Street, Fishers Island. SCTM# 1000-10-9-3.1 Number 5, J.M.O. Environmental Consulting on behalf of W. HARBOR BUNGALOW, LLC, c/o CRAIG SCHULTZ requests a Wetland Permit and a Coastal Erosion Permit for the existing 6.5'x53' fixed dock with a 11'x11' fixed portion in an "L" configuration; existing 3.5'x12' ramp and existing 8'x20' floating dock; the 6.5'x53'fixed dock and 11'x11' fixed portion in the "L" configuration to remain; remove existing ramp, float and two piles and install a new 4'x20' ramp with rails and an 8'x18' floating dock situated in an "I" configuration secured by four piles; and to install four tie-off piles. Located: 371 Hedge Street, Fishers Island. SCTM# 1000-10-7-18 On page eight, numbers ten through 13, listed as follows: Number 10, Cole Environmental Services on behalf of PHILIP & DEBRA RYBECKY requests a Wetland Permit to demolish existing dwelling and construct a new dwelling over existing foundation consisting of a proposed ±30.2'x±39' two-story dwelling with a ±21.7'x±15'two-story addition, a ±25'x±28.2' attached garage; a ±13.5'x±9.3'front porch; a ±4'x±18' seaward side second story balcony; a ±10'x±39' seaward side irregularly shaped deck with outdoor kitchen area and ±12.5'x±12.5' screened in pavilion; install a±5'x±8' outdoor shower on west side of dwelling over thru-flow decking with a catch basin underneath; install stepping stones leading from front entrance to rear-patio; proposed ±15'x±15' rear on-grade patio; remove existing driveway, asphalt area, and all existing walkways; install a ±5'x±47' (±7' wide at porch) walkway; install a ±1,676sq.ft. Pervious gravel driveway and along easterly driveway section install a ±32' long (±20' long with two ±6' returns) stone wall varying in height from ±1' to ±3' tall; remove and.replace existing westerly wood retaining wall with new±84' varying in height from ±18" to ±36"; remove and replace existing ±14' long, ±12"tall'wood retaining wall, ±38' long, ±18" tall wood retaining wall, and ±36' long and ±18"tall wood retaining wall all seaward of dwelling; remove existing cesspool and install a new I/A system landward of dwelling; install a 4' wide permeable sand path from rear deck to existing boardwalk; remove existing turf grass and install native, non-fertilizer depended vegetation to be planted; any tree to be removed is to be replaced at a 1:1 ratio; and to install drywells and trench drains to contain stormwater runoff; and a Bioswale/rain garden proposed to address runoff on east side of property. Located: 1065 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-24 Number 11, Patricia Moore, Esq. on behalf of CAROLYN & JOSEPH FERRARA requests a Wetland Permit for a proposed 3'x36' Board of Trustees 3 January 18, 2023 fixed dock consisting of 4"x8" pilings with 4"x8" caps (CCA), 4"x8" (CCA) stringers, and open grade style decking within the area of a private mooring lot and adjacent to bulkhead; and toy install a 4' wide path to the road. Located: Property Off of Osprey Nest Road, Greenport. SCTM# 1000-35-7-1 Number 12, Patricia Moore, Esq. on behalf of LAWRENCE KAPLAN & DENISE BLESI-KAPLAN'requests a Wetland Permit to construct a proposed 465sq.ft. seaward side wood deck with steps to ground; a proposed 453sq.ft. in-ground swimming pool; a proposed 1,315sq.ft. permeable precast concrete pool patio around the pool using a "hydroPAVERS" system; install 4' high code compliant pool enclosure fencing with gates; install a pool drywell for pool backwash; install a pool equipment area; replace existing 185sq.ft. of concrete/bluestone walkway from the pool patio to the water; replace existing 87sq.ft. of concrete/bluestone walkway with new permeable precast•concrete system from patio to rear basement stairs and new concrete and stone walls around basement access raised 3'from grade as flood barrier. Located: 2225 Calves Neck Road, Southold. SCTM# 1000-70-4-45.3 Number 13, Young &Young on behalf of STEPHEN &JACQUELINE DUBON requests a Wetland Permit for the existing 1,118sq.ft. One-story dwelling and for the demolition and removal of certain existing structures (project meets Town Code definition of demolition), within and outside of the existing dwelling to facilitate construction of the proposed'additions and alterations consisting of a proposed 45sq.ft. addition to northeast corner,-and a 90sq.ft. addition to southeast corner for a 1,195sq.ft. total footprint after additions; construct a 1,195sq.ft. second story addition; a 70sq.ft. second story balcony; replace and expand existing easterly deck with a 320sq.ft. deck with 69sq.ft. of deck stairs to ground; replace and expand existing porch with a 40sq.ft., porch and 20sq.ft. porch stairs to ground; install one (1) new drywell for roof runoff; abandon two (2) existing cesspools and install a new IA/OWTS system consisting of one (1) 500 gallon,treatment unit and 46 linear feet of graveless absorption trenches and for the existing 84sq.ft. shed. Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2 On pages nine and ten, numbers 14 through 19, listed as follows: Number 14, En-Consultants on behalf of ELIAS DAGHER requests a Wetland Permit to remove existing wood platform, walk and steps; construct a fixed timber dock with water and electricity consisting of a 4'x74' fixed timber catwalk constructed with open-grate decking; with two (2) 4'x6' steps for beach access; a 3'x14' hinged ramp; and a 6'x20' floating dock situated in a "T" configuration and secured by two (2) 8" diameter pilings. Located: 90 Oak Avenue, Southold. SCTM# 1000-77-2-6 Number 15, BRIDGET CLARK requests a Wetland Permit for the Board of Trustees 4 January 18, 2023 existing 20'3"x22'4" (452sq.ft.) detached garage and to convert it into an accessory apartment by replacing existing windows, exterior door, add plumbing to connect to existing septic, and install a wall mounted electric heating unit. Located: 7825 Soundview Avenue, Southold. ,SCTM# 1000-59-6-15 Number 16, Michael Kimack on behalf of NUNNAKOMA WATERS ASSOCIATION, INC. requests a Wetland Permit to perform work on the property located at 645 Wampum Way (1000-87-2-42.3), consisting of installing 235 linear feet of Shore Guard 9900 vinyl hybrid low-sill bulkhead with helical supports installed at discretion of contractor; restore approximately 200 linear feet of eroded bank with 90-100 cubic yards of sand recovered from storm deposit area; install filter fabric (±1,600sq.ft.), and plant American Beach grass @ 18" on center(±1,200 plants) over restored bank area; construct storm water concrete diversion swale (10'x43', 430sq.ft.)with rip-rap runoff area (10'x20', 200sq.ft.), consisting of 50-150 lb. stones set on filter fabric; the storm washed sand area is to be restored to the original grade line and the removed sand (90-100 cubic yards) is to be used on site to restore the eroded bank area; on all three properties, dredge a portion of Moyle Cove to deepen channel in three (3) areas, AA, BB and CC to a depth of-4.00ft. (Approx. 365 cubic yards), and area DD to a depth of-3.00ft. (Approx. 85 cubic yards), for a total dredging of approximately 450 cubic yards; the dredge spoils is proposed to be spread on the two Sauer properties (255 Wigwam Way, SCTM# 1000-87-2-40.1 & 175 Wigwam Way, SCTM# 1000-87-2-40.2), in an area of approximately 8,000 sq.ft. and to a depth of approximately 1.5ft.; the dredged spoils placement area will be surrounded by a silt fence with hay bales to be kept in place and maintained until the spoils are de-watered. ' Located: 645 Wampum Way, 255 Wigwam Way & 175 Wigwam Way, Southold. SCTM#'s 1000-87-2-42.3, 1000-87-2-40.1 & 1000-87.-2-40.2 Number 17, Jeffrey Patanjo on behalf of SADIK HALIT LEGACY TRUST requests a Wetland Permit for the as-built bluff stairs consisting of the following: 4'x4' at-grade top landing to an 8,2'x9.5' upper platform to 18'x4' steps down to an 8'x3.8' middle platform to 16'x4' steps down to a 19.4'x10' lower platform to 14.5'x4' steps down to beach; all decking on structure is of untreated lumber. Located: 2200 Sound Drive, Greenport. SCTM# 1000-33-1-16 Number 18, Cole Environmental Services on behalf of SCOTT & LEA VITRANO requests a Wetland Permit to remove existing pier and float; construct a proposed 4'x14' landward ramp leading to a 4'x35'fixed pier with Thru-Flow decking a minimum of 4' above wetlands; a proposed 3'x12' metal ramp; and a 4'x20' floating dock situated in a "T" configuration and secured by two (2) 8" diameter piles. Located: 3875 Main Bayview Road, Southold. SCTM# 1000-78-2-15.1 Number 19, Cole Environmental Services on behalf of JUSTIN &ALLISON SCHWARTZ requests a Wetland Permit to construct a Board of Trustees 5 January 18, 2023 proposed 4'x165' fixed pier with open grate decking a minimum of 4' above tidal vegetative grade; a 3'x16' aluminum ramp; a 6'x20' floating dock situated in an "T" configuration; and to install a natural path leading from upland to fixed pier using permeable material. _ Located: 2793 Cox Neck Road, Mattituck. SCTM# 1000-113-8-7.6 Under Town Code Chapter 275-8(c), files were officially closed seven days ago. Submission any of paperwork after that date may result in a delay of the processing of the applications. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I'll make a motion to have our next field inspections on Tuesday, February 7th, 2023, at 8:00 AM. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). II. NEXT TRUSTEE MEETING: TRUSTEE GOLDSMITH: I'll make a motion to hold our next Trustee meeting on Wednesday, February 15th, 2023, at 5:30 PM, at the Town Hall main meeting hall. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). III. WORK SESSIONS: TRUSTEE GOLDSMITH: I'll make a motion to hold our next work session Thursday, February 9th, 2023, at 5:00 PM-at the Town Hall Annex, 2nd floor Executive Board Room; and on Wednesday, February 15th, 2023, at 5:00 PM, at the Town Hall main meeting hall. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). IV. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for December, 2022. A check for$26,811.08 was forwarded to the Supervisor's Office for the General Fund. V. PUBLIC NOTICES TRUSTEE GOLDSMITH: Public notices are posted on the Town Clerk's Bulletin Board for review. Board of Trustees 6 January 18, 2023 VI. STATE ENVIRONMENTAL QUALITY REVIEWS: TRUSTEE GOLDSMITH: Under Roman numeral VI, State Environmental Quality Reviews, RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section IX Public Hearings Section of the Trustee agenda dated Wednesday, January 18th, 2023 are classified as Type II Actions pursuant to SEQRA.Rules and Regulations, and are not subject to further review under SEQRA, as written. Robert Karpas & Claire Aiosa-Karpas SCTM# 1000-80-5-3.1 Bim E. Strasberg &Alexandra M. Lewis SCTM# 1000-135-1-1 Hawkins Bioventures, LLC, c/o Daniel Hume SCTM# 1000-72-2-3 Hawkins Bioventures, LLC, c/o Daniel Hume SCTM# 1000-72-2-4 Elizabeth J. Homan Trust, c/o Kenneth James Homan SCTM# 1000-111-1-14 Robins Island Holdings, LLC SCTM# 1000-134-3-5 The North Fork Project, LLC SCTM# 1000-106-6-4.1 Karen &Anthony DeLorenzo SCTM# 1000-104-5-21.1 Megaloop Equities, LLC SCTM# 1000-90-2-17 Corbley Family Trust SCTM# 1000-104-7-3 Mark &Ann Schaefer SCTM# 1000-64-3-5 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). VII. RESOLUTIONS -ADMINISTRATIVE PERMITS: TRUSTEE GOLDSMITH: Under Roman numeral VII, Resolution, Administrative Permits. Number 1, Karen A, Hoeg, Esq., on behalf of 500 SOUNDVIEW DRIVE LLC requests an Administrative Permit to legalize and replace/repair fence on western boundary line. Located: 500 Sound View Drive, Orient. SCTM# 1000-13-2-8.2 Trustee Sepenoski conducted a field inspection on January 6th, notes fence along western boundary in Trustee jurisdiction okay. Legalize repair and replace. This is to remove the fence along the bluff edge. The LWRP found this to be consistent. So I'll make a motion to approve this application with the condition of the removal of the fence section along the top of the bluff as well as the condition that it is subject to Planning Board authorization. That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Number 2, Tyler Lademann on behalf of MICHAEL LADEMANN requests an Administrative Permit for the as-built 14.6'x15.6' Board of Trustees 7 January 18, 2023 deck, 88"x88"x40' hot tub and 10'x12' sunshade. Located: 1625 Stillwater Avenue, Cutchogue. SCTM# 1000-103-1-19.6 Trustee Krupski conducted a field inspection January 2nd, 2023, noting straightforward. The LWRP found this to be inconsistent. The inconsistency is: As-built structures were constructed without Board of Trustee review or permit; the setback is not supported by Policy 6. It is close and erodes the function of adjacent upland ecosystems and wetlands; and natural buffer is not proposed. Again, Trustee Krupski noted during field inspections that there was existing vegetation seaward of the proposed hot tub. As such, I'll make motion to approve this application with the condition that the existing vegetation to remain, and by granting it a permit will bring it into consistency with the LWRP. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 3, Zackery E. Nicholson, AIA on behalf of MICHAEL GIACONE requests an Administrative Permit for the as-built 15'11'x W' deck with T wide stairs and 3'11"x9'4" front porch with 5' wide stairs. Located: 270 Park Avenue Extension, Mattituck. SCTM# 1000-123-8-2 Trustee Goldsmith conducted a field inspection January 11th, 2023, noting it is straightforward, as built. The LWRP found this to be inconsistent. The inconsistency is the as-built structures were constructed without Board'of Trustee review or permit. I'll make a motion to approve this application and thereby granting a permit will bring it into consistency with the LWRP. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 4, Michael A. Kimack on behalf of PAUL & CONSTANCE CONNOR requests an Administrative Permit for the as-built 10'x12' shed and for the installation of a proposed 14'x10' on grade patio with 4" sand base with stone laid on top (without mortar). Located: 830 Deep Hole Drive, Mattituck. SCTM# 1000-115-12-12 Trustee Goldsmith conducted a field inspection, January 11th, 2023, noting it was straightforward. The LWRP found this to be inconsistent and consistent. It doesn't state why it's inconsistent, but I believe it's because the as-built shed was constructed without a permit. So thereby I make a motion to approve this application and by granting it a permit will bring it into consistency with the LWRP. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Board of Trustees 8 January 18, 2023 VIII. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: Roman numeral VIII, applications for extensions, transfers and administrative amendments.- In order to simplify our meetings, the Board of Trustees regularly groups together actions that are minor or similar in nature. Accordingly, I'll make a motion to approve as a group items 1 through 6. They are listed as follows: Number 1, ORIENTAL UNICORN, LLC requests a One (1) Year Extension to Wetland Permit#9833 & Coastal Erosion Permit #9833C, as issued on March 18, 2021. Located: 860 Willow Terrace Lane, Orient. SCTM# 1000-26-2-47 Number 2, David Bergen on behalf of MARTINDALE REALTY, LLC requests a Transfer of Wetland Permit#9985 from Leonard Rosenbaum to Martindale Realty, LLC as issued on September 15, 2021 and Amended on April 14, 2022. Located: 520 Snug Harbor Road, Greenport. SCTM# 1000-35-5-34 Number. 3, Jacqueline Morley on behalf of CHARLES DiSAPIO & XANNE PEREZ requests a Transfer of Wetland Permit#1767 from Andrew T. Fohrkolb to Charles DiSapio &Xanne Perez, as issued on November 7, 1983. Located: 5780 New Suffolk Avenue, Mattituck. SCTM# 1000-115-10-7 Number 4, PETER BURTON & CAROLINE BURTON request a Transfer of Wetland Permit#9808 from Michael & Ellen Carbone to Peter Burton & Caroline Burton, as issued on January 20, 2021; and a One (1) Year Extension to Wetland Permit#9808, as issued on January 20, 2021. Located:, 1580 North Bayview Road, Southold. SCTM# 1000-70-12-34 Number 5, FREDERICK B. POLLERT & ELIZABETH BUZASH-POLLERT requests an Administrative Amendment to Administrative Permit #10114A for the as-built raised planters constructed around the perimeter of the 44'x20' stone patio. Located: 375 Lighthouse Lane, Southold. SCTM# 1000-70-6-29.2 Number 6, Martin D. Finnegan on behalf of 16125 SOUNDVIEW REALTY, LLC requests an Administrative Amendment to Wetland Permit#10283 for a 4' wide path allowing access to beach stairs. Located: 16125 Soundview Avenue, Southold. SCTM# 1000-50-2-19 TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All-in favor? (ALL AYES). IX. PUBLIC HEARINGS: TRUSTEE GOLDSMITH: Roman numeral IX, public hearing. At this time I'll make a motion to go off the regular meeting agenda and enter into public hearings. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 9 January 18, 2023 (ALL AYES). This is a public hearing in the matter of the following applications for permits under the Wetlands Ordinance of the Town of Southold. I have an affidavit of publication from the Suffolk Times. Pertinent correspondence may be read prior to asking for comments from the public. Please keep your comments organized and brief. Five minutes, or less if possible. AMENDMENTS: TRUSTEE KRUPSKI: Under Amendments, number 1, David Bergen on behalf of. MARTINDALE REALTY, LLC requests an Amendment to Wetland Permit#9985 to install a ±40' long northern retaining wall, and a ±100' long western retaining wall with a 6' wide by 5' long access stair using untreated hardwood lumber sheathing, 8" pilings 6' on-center, two 6"x6" whalers with tie rods to lay-logs; existing non-turf buffer to remain. Located: 520 Snug Harbor Road, Greenport. SCTM# 1000-35-5-34' The Trustees recently visited the site on the 11th of January, noted that they would like to discuss the height of the retaining wall in proximity to the wetlands. The LWRP coordinator found this to be consistent. And the Conservation Advisory Council resolved to support this application: Is there anyone here that wishes to speak regarding this application? MR. BERGEN: Dave Bergen, on behalf of Martindale Realty. And this is a, you just transferred a permit into Martindale Realty's name, the bulkhead, so this is an amendment for that permit to put in a retaining wall of approximately 100 feet in front of the pool and running the same direction as the bulkhead, and then replace the retaining wall that is between the neighboring property to the north. So, I'm here to answer any questions you might have. TRUSTEE KRUPSKI: So I think one of the main concerns in the field was, and this has been going on for a couple of years now, is we are trying to avoid large walls and hard,structure that close to the wetlands. And obviously you have a pre-existing condition there, with a pool.and how close that house is, and it's been there for a long time, pre-existing nonconforming. We understand that. But it appears from the plans that it's a four-foot wall and we would like to see that lowered and then just stipulate some plantings in front of it. And then you can kind of grade the property down to that a little bit as it has been, not as much other grades that you would have to put in, but that is mainly our concerns with the application. MR. BERGEN: Okay. Well, first off, we are trying to maintain the grade of the pool so that the area between the pool and the top of the retaining wall remain at grade, just where it is right now. So that's where the retaining wall is at when the measurements were taken for the height as listed in the plans. That's why that was listed. If you want to lower the retaining wall there is a possibility otthat but then .you are going to have a slope from the pool going down, which could be problematic with runoff Board of Trustees 10 January 18, 2023 down. The proposal for around the pool area is, well, first off, between the retaining wall and the bulkhead is already a non-turf buffer, and we are looking to keep it as a non-turf buffer. If you would like some minor plantings in there, I'm sure my client will have no problem with minor plantings in there. So again, that is why we had the height, so it maintains the same height as the top of the pool. And so to lower the retaining wall will create a bit of a challenge. TRUSTEE KRUPSKI: I can appreciate that and the hardships. But even if it was a stepdown, and I understand it's an existing situation there, but there is nothing there now. So I think if you could work with us come up with some sort of stepdown and bring that down. We don't want to put a four-foot wall right on the creek there. There is already a bulkhead. We don't want to double that up in that location. MR. BERGEN: All right. So, what would be your suggestion? TRUSTEE KRUPSKI: I mean, in an ideal situation I'd rather see it go down to 24 inch and then sloped up. However because you have that pool in the proximity of the house so close, it might be most appropriate to do some sort of a stepdown there. I'm, you know, certainly open to your and your client's suggestions. MR. BERGEN: The distance, as can you see, between the pool and I'll call it the corner of the retaining wall there, that is just landward of the boat basin, is not a lot of room in there. Now, to put a stepdown in there, again, it's going to be challenging because we don't have a lot of room to work with. But I can certainly work with the client and contractor to see if we can do maybe a foot down or something like that. A two-foot stepdown, it might be pretty challenging because of the distance between the two. TRUSTEE PEEPLES: Mr. Bergen, if I may, not trying to design the project for you, but as Trustee Krupski referenced the idea of a stepdown. by utilizing the terracing of that area,you actually, it presents then an opportunity for some native plantings that could be incorporated into that area. I'm not sure what the plans were for that area within, on the landward side of the retaining wall, but it would be a nice opportunity to incorporate something like that, if you did kind of a two-foot terrace and another two-foot terrace. MR. BERGEN: That was going to be pervious throughout there. There was no intention of putting sod in there. It was going to be pervious. TRUSTEE KRUPSKI: I think the main concern of the Board at this point, is that we are trying to avoid everywhere in Town straight walls. And everyone is faced with a rising tide issue, but here we are already pretty high in elevation with the bulkhead. And we are not trying to put in a solid four-foot wall right on the creek. A second solid four-foot wall, I should say. MR. BERGEN: Well, let me go back to the contractor. Are you then suggesting in essence two walls; one at two-foot elevation and then you need another one, going from obviously seaward up. Board of Trustees 11 January 18, 2023 Two-foot elevation and the second one at four-foot elevation. Essentially two walls. Just to get to the same height. TRUSTEE KRUPSKI: It's certainly 1ian option, but it would be considered terracing, like we do really on any bluff or larger bank. MR. BERGEN: Okay. I think that will be challenging, but we'll do as you ask. Because you have a very small spot in here, and now you are asking for double the structure, two retaining walls instead of one. TRUSTEE KRUPSKI: It's not really double the structure. And honestly I would rather stipulate to an 18 to 24-inch wall and grade, too, it's sort of a self-imposed hardship here. But it's existing. So I think the Board is looking at it a little differently than, I mean, if it were a new building it certainly would not even be looking at considering a four-foot structure that close to the wetland. MR. BERGEN: Okay. MR. GERACI: Excuse me. I can't hear. There's people in the hallway. MR. BERGEN: This is Anthony Geraci, the principal from Martindale Realty. TRUSTEE KRUPSKI: Okay. Great. Is there anyone else that wishes to speak regarding this application? (No response). At this point do you wish to table? MR. BERGEN: Yes, we'll table this so we can come back with a new set of plans depicting what you are asking for. TRUSTEE KRUPSKI: Motion to table this application. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. BERGEN: Thank you. TRUSTEE SEPENOSKI: Number 2, Michael Kimack on behalf of GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. requests an Amendment to Wetland Permit#10172 to remove floating dock fingers B, C-and D (168sq.ft. total); replace all three (3) with new floating docks consisting of dock finger B: 4'x20' (80sq-.ft.), dock fingers C & D: 4'x16' each (64sq.ft. each); maintain existing width of 76' and space floating dock finger B & C equal distances at 20.67; replace existing floatation system on existing 4'x76' floating dock and floating dock finger A with new rubber floatation units; remove existing wood decking on existing 4'x76' (304sq.ft.) floating dock and on floating dock finger A, and replace with marine grade decking; provide marine grade decking for floating dock fingers B, C and D; the total floating dock area is: 304sq.ft. + 80sq.ft. + 80sq.ft. _ 64sq.ft. + 64sq.ft. = 592sq.ft. Located: End of Dogwood Lane in Spring Pond, East Marion. SCTM# 1000- 37-4-17 & 1000-37-1-23 J The Trustees most recently reviewed the application, on Board of Trustees 12 January 18, 2023 1/11/23. Trustee Goldsmith has written it may need ZBA approval. The LWRP memorandum finds this project inconsistent on two counts. First is the extension of the dock structure is further into public waters to accommodate larger and larger vessels is not supported. Second, the applicant fails to prove that the proposed dock meets the following requirements, 275-11, Construction and Operation Standards, (c)(2)(d) of the Southold Town Code. The Conservation Advisory Council did not make a ruling on the latest proposal but did weigh in on a prior proposal, and is not supportive of a full extension of all dock fingers to the 20-foot length. I'll just note the Trustees reviewed several proposals by Mr. Kimack in an effort to extend those fingers to all 20-feet to being larger dock fingers, and advised Mr. Kimack to pull some of those fingers back. Is there anyone here who wishes to speak regarding this application? MR. KIMACK: Michael Kimack, on behalf of the applicant. It's always divergent between DEC's approach to the criteria and the Trustees, and those of us who have to basically work both sides of the ship, basically, to try to come to a resolve. I will point out that I had submitted it to the DEC before I submitted to the Trustees. And DEC had approved all 20,foot, on each, primarily. You had a concern, which meant that basically as far as the DEC was concerned, it was not a navigational hazard. Because they look at that same criteria as you do, primarily. Having said that, having said that, I recognize that you had a concern about going 20 feet closer to the mouth of that little thing, and as we had discussed, I pulled back the two closest to that to 16 feet. The furthest one away is 20 feet anyway. That's the one that exists at the present time. And that had been granted a permit the last time, actually, to 22 feet. So we were cutting that back to 20 feet. So that was really reduced by two feet. And then the next one, we had talked about leaving at 20, and then the two closest to the canal would be 16 feet rather than 20 feet. And-that's how it's been presented on the revised plans. TRUSTEE SEPENOSKI: Our conversations in the field found as much. We recognize that the 20-foot finger on the right there, depicted in the image, was fine. We did not see a significant navigational hazard posed by the slight extension of the other finger closest to the homeowners association access ramp. So,just for the record, on the plans stamped December 20th, 2022, we have Finger A at 20 feet; we have Finger B at 20 feet'. We have Finger C at 16; and we have Finger D at 16. MR. KIMACK: Just to point out, Finger C is already 16 feet. We are going from 6 by 16 to 4 by 16 on that one. So that is not Board of Trustees 13 January 18, 2023 being extended any more. And then Finger D is going out an extra couple of feet to match with Finger C. TRUSTEE SEPENOSKI: All right, anyone else wishing to speak regarding this application? (No response). TRUSTEE SEPENOSKI: Members of the Board? (Negative response). Hearing no further wish to speak, I make a motion to close this ` application. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: I make a motion to approve the application stamped December 20, 2022, noting that with the present plan's stamped December 20, 2022, showing the different dimensions of the fingers, at not exceeding the pier line, will bring,it into consistency with the LWRP. That is my motion. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. KIMACK: Thank you. TRUSTEE GILLOOLY: Number 3, Patricia Moore, Esq. on behalf of ROBERT KARPAS & CLAIRE AIOSA-KARPAS requests an Amendment to Wetland Permit for the as-built structures consisting of at top of bank a 4'x6' platform with 18"x6' cantilevered benches on east and west sides of platform; 4'x14' steps to a 4'x7' walkway landward of bulkhead with a 7'x12' platform on west side of walkway; a 4'x5' cantilevered platform north of and at top of bulkhead with 4'x7' stairs to beach facing a westerly direction; and for as-built water (hose bib) and electricity (GFI outlet) landward of bulkhead. Located: 350 West Shore Drive, Southold. SCTM# 1000-80-5-3.1 The Trustees most recently visited the site on January 11th, 2023, noting to request details on hot tub to include as as-built in permit. Since that time we have received a new drawing and a new description to include the hot tub..1 will read that addition to the description, reading the addition only, which should go right at the end after"bulkhead." Hot tub located on patio, 84-inches wide by 84-inches long by 38-inches height, on seaward side of the house. The LWRP reviewed this application and found it to be inconsistent. The as-built structures were constructed without Board rof Trustee review or permit. And the Conservation Advisory Council reviewed this application and resolved to support it. The Conservation Advisory Council supports the application with'the condition the size of the lower platform is reduced to conform with LWRP, and any lighting is Dark Sky compliant. Is there anyone here wishing to speak regarding this Board of Trustees 14 January 18, 2023 application? MS. MOORE: Patricia Moore on behalf of the Karpas family. TRUSTEE GILLOOLY: Great. I think we have gone over all the necessary changes. Is there anyone else here wishing to speak.regarding this application or any questions from the Board? (No response). Hearing none, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: I make a motion to approve this application with the new project description that I already read into the record, that we received on January 11th, 2023, and by issuing a permit the Trustees will thereby be bringing this into consistency with the LWRP. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL YES). WETLAND & COASTAL EROSION PERMITS: TRUSTEE PEEPLES: Under Wetland & Coastal Erosion Permits, number 1, Patricia Moore, Esq. on behalf of BIM E. STRASBERG & ALEXANDRA M. LEWIS requests a Wetland Permit and a Coastal Erosion Permit to install rock armoring in front of existing ±50 linear foot long steel bulkhead using 1 '/z to 3 ton stone, not to exceed 2.5 ton per linear foot. Located: 21225 Soundview Avenue, Southold. SCTM# 1000-135-1-1 The Trustees have recently visited the site on January 11th and noted that existing natural rocks must be left and not to be used in this project. The LWRP finds this proposal to be consistent, and does note that, number one, it is recommended that no boulders on the beach be used to construct the revetment. Number two, the hardening of the toe with boulders will accelerate the erosion of the beach over time. And the Conservation Advisory Council resolved to support this application. Is there anyone here wishing to speak in regard to this application? MS. MOORE: Yes. Patricia Moore, on behalf of the Strasberg Lewis family. This is a continuation. We received, I was the agent on Abdel Nour, which is the adjacent property, and the rocks would be a continuation of that project, all being done at the same time by the same contractor. So it was recommended that this work be done. The Strasberg property went through some storms in Sandy, it was restored, the bulkhead was put in. It was quite an achievement, but it was all very difficult, so they are very anxious to be able to preserve the property and protect it at this point, and the rocks will add to the protection of the property, so. TRUSTEE PEEPLES: Thank you. So the project that you referenced that was previously permitted is the one to the west of this Board of Trustees 15 January 18, 2023 property? MS. MOORE: Yes, it shows, is it Peterson, David Moore. But it's Abdel Nour is the adjacent property owner. You just approved it I think last month. TRUSTEE PEEPLES: Yes, that is correct. And then I noted that . . there is already some armoring on the property to the east. So all of that would connect together then. MS. MOORE: Correct, that's the goal. TRUSTEE, PEEPLES: Great. Thank you, for clarifying. And then one thing we do did note when we were in the field, as Trustee Gillooly noted on the inspection report, is that there are existing boulders there on the beach, which actually have kind of"retained some of the sand and the beach for the homeowner. So we would like to make sure that none of those boulders are going to be incorporated into the project. MS. MOORE: No. The DEC permits always specify that. But; no. And I have Mr. Costello here, and Jack can confirm it if you need it on the record. Remember this one? MR. COSTELLO: Yes. I wasn't paying attention, I'm sorry. TRUSTEE PEEPLES; Okay, and also, what is the plan for the access? This may be a Mr. Costello question. MS. MOORE: No, thank you. This is access, I did get confirmation, access by water. TRUSTEE.PEEPLES: By barge? MS. MOORE: By barge, yes. TRUSTEE PEEPLES: Okay. MS. MOORE: That's why the goal is to do it all at the same time, since the barge is going to be a challenge with the rocks that are there,.so. TRUSTEE PEEPLES: Thank you. It sounds like a good plan, so work together with the neighbors. Is there anyone else here wishing to speak? (No response). Any other questions or comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application with the plans stamped.and dated November 29th, 2022, with the condition that no boulders on beach are used to construct the revetment, and the access is by barge.. That is my motion. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 2, Costello Marine Contracting Corp. on behalf of HAWKINS BIOVENTURES, LLC, c/o DANIEL HUME requests a Wetland Permit and a Coastal Erosion Permit to install 187'10" linear feet of rock revetment along the existing toe of the Board of Trustees 16 January 18, 2023 bluff at no more than 2.5 tons per linear foot and within the property boundaries; install two (2) 15-foot returns and backfill the rock wall with 245 cubic yards of clean upland fill; place 200 cubic yards of clean up-land fill on the bluff face to fill rills and gullies to match existing grade; install coir log terracing and plant the backfill area and bluff.face with native grasses and shrubs. Located: 14032 Oregon Road, Cutchogue. SCTM# 1000-72-2-3 The Trustees conducted a field inspection January 11th, noting the project seemed straightforward. Clarify the access, stipulate no clearing on property at top of bluff, and no access from the top of the bluff for the project. The LWRP found this to be consistent. A couple of notes: Hardening of the toe with boulders will accelerate the erosion of the beach'over time. The action includes a vegetative restoration plan. The maintenance and survival rate of plant species to be included in any permit. The Conservation Advisory Council resolved to support this application. Is there anyone here wishing to speak regarding this application? MR. COSTELLO: Jack Costello, on behalf of the applicant. Just if you have any questions about it. It is straightforward. TRUSTEE GOLDSMITH: Access? MR. COSTELLO: Via barge or Duck Pond Road. Mostly everything will be via barge. TRUSTEE GOLDSMITH: And with the LWRP's question about the survival rate, that's included in your DEC permit, correct? MR. COSTELLO: Yes. TRUSTEE GOLDSMITH: And no clearing on the top of the bluff. MR. COSTELLO: There won't be any need for that. TRUSTEE GOLDSMITH: Okay, is there anyone else here to speak regarding this application? (No response). Questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to close the hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). I make motion to approve this application with the condition of no clearing on the top of the bluff, and access will be via barge. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 3, Costello Marine Contracting Corp. on behalf of HAWKINS BIOVENTURES, LLC;'c/o DANIEL HUME requests a Wetland Permit and a Coastal Erosion Permit to install 204'6" linear feet of rock revetment along the existing toe of the Board of Trustees 17 January 18, 2023 bluff at no more than 2.5 tons per linear foot and within the property boundaries; install two (2) 15' returns and backfill the rock wall with 295 cubic yards of clean upland fill; place 300 cubic yards of clean upland fill on the bluff face to fill rills and gullies to match existing grade; install coir log terracing and plant the backfill area and bluff face with native grasses and shrubs. Located: 14124 Oregon Road, Cutchogue. SCTM# 1000-72-2-4 The Trustees most recently visited the property on the 11th of January. Questioned the access and also bluff cutting or clearing. The LWRP found it to be consistent but questioned the need for toe stone and boulders which could accelerate the erosion of the beach over time. And also was curious-about a vegetated restoration plan to include larger shrubs with deeper root structure. The Conservation Advisory Council resolved to support the application. Is there anyone here that wishes to speak regarding this application? MR.-COSTELLO: Jack Costello, on behalf of the applicant. TRUSTEE KRUPSKI: So, same as the last one, it's going to be barge or Duck Pond Point Road access. MR. COSTELLO: Yes. TRUSTEE KRUPSKI: Thank you, very much. Is there anyone else here who wishes to speak regarding this application? (No response). Any additional comments from the members of the Board? (Negative response). Hearing no additional comments, I'll make a motion to close the hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application with the stipulation that all access will be barge or from Duck Pond Point Road and not over the bluff, and that no clearing shall occur at the top of the bluff. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH:,All in favor? (ALL AYES). WETLAND PERMITS: TRUSTEE SEPENOSKI: Under Wetland Permits. Number 1, Michael Kimack on behalf of GARY &KATHLEEN ZUAR requests a Wetland Permit to construct an on-grade 468sq.ft. stone patio on concrete base adjacent to the existing staircase to accommodate a 2'6" deep by 13'9" long by 36" in height (34.38sq.ft.) bbq island, a 3' wide by 10'6" long by 3'6" in height (31.5sq.ft.) bar serving structure, and a 5.4' diameter(23sq.ft.) circular fire pit. Board of Trustees 18 January 18, 2023 Located: 1905 Bay Shore Road, Greenport. SCTM# 1000-53-4-9 The Trustees most recently visited the site on 1/11/23. Trustee Goldsmith has written: Should have French/trench drain. The LWRP found the project to be inconsistent on three points: The design does not comply with previous C&R filed in = 2016, requiring a ten-foot wide vegetated buffer. Number two, the setback is not identified. Number three, the extension of development on the lot further seaward is not supported. The Conservation Advisory Council resolved to support the application, however the open fire pit is too close to the bluff line and the beach grasses, and paved areas should not extend beyond the existing deck area. We have plans stamp dated received January 4th, 2023. Is there anyone here wishes to speak regarding this application? MR. KIMACK: Michael Kimack, on behalf of the applicant. . The new plans do not include the fire pit, as we discussed on site. The Trustees do not want to see anything further seaward from the bottom of the stairs, and it was designed in accordance with that, to stay:on that particular line. And it's .even with that, basically, which we just moved it over. And I'm not quite sure, I gave a new description in and just redid the calculations on it for you. TRUSTEE SEPENOSKI: All right. So discussing the LWRP's concerns about the ten-foot wide -- MR. KIMACK: That's already in place. TRUSTEE SEPENOSKI: Do you see the vegetation on either side of the access point to the beach there? Looking at the photographs from our site inspection, I just have a couple of questions. Is the patio that is currently there going to be removed, and then for the installation of the new patio.with the concrete under-footing. MR. KIMACK: Probably, yes, because I think it would put a little bit more firmness underneath that for the equipment, essentially like that, to have that patio on one side. Are you discussing that the length of the ten-foot wide doesn't go all the way across? Because I thought it did. TRUSTEE SEPENOSKI: From the photographs it appears to go across. MR. KIMACK: There is an opening for the staircase, obviously, but other than that I thought it went across. That was part of the original plan. I had done the original permit for this. TRUSTEE GILLOOLY: Right. That's already listed in the C&Rs. TRUSTEE SEPENOSKI: Yes, it's in the C&Rs. I think that's been addressed. MR. KIMACK: Yes. And we kept everything back as you had requested us to do, even at the bottom of the stairs. TRUSTEE SEPENOSKI: All right. So the other question is about the drain. So if you are going to put this new patio in with the concrete under-footing, our concern is that you are going to have a lot of runoff in a heavy rainstorm, and we would just like to Board of Trustees 19 January 18, 2023 address that by having a French drain or trench -- MR. KIMACK: I can do a French or, actually, I can probably do a, off the top, we don't have much room on that particular line. I can do an actual French drain right off of it in the swale and drop it down into a smaller drywell. That's not a problem. TRUSTEE SEPENOSKI: Great. TRUSTEE GILLOOLY: And you'll have the drywell be adjacent or no further seaward, if possible? MR. KIMACK: If we can, I would probably, I could probably put the drywell under the patio, basically, collect it off of it in the swale and then just bring it back into the drywell. TRUSTEE SEPENOSKI: All right. Anyone else wishing to speak regarding the application? (No response): Members of the Board have any comments? (Negative response). All right, I'll make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: I'll make a motion to approve the application with the following stipulations:, That.the stone patio be removed to make way for the new patio; that a French drain be installed on the seaward side of-the patio, and have that drain to a drywell adjacent or landward of the structure; and new plans depicting those stipulations.. MR. KIMACK: Okay. TRUSTEE SEPENOSKI: Thereby bringing this project into consistency with the LWRP. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. KIMACK: Thank you, have a good night. TRUSTEE GILLOOLY: Number 2, J.M.O. Environmental Consulting on behalf of ROBINS ISLAND HOLDINGS, LLC requests a Wetland Permit to construct an approximate 158' long rock revetment utilizing various rocks ranging from 1 to 3 tons; construct an approximate 134' long single rock retainer utilizing 1 ton rocks and to reset existing rocks 50' landward in-kind and in-place. Located: Robins Island, New Suffolk. SCTM# 1000-134-3-5 The Trustees most recently visited this site on January 14th, 2023, noting that the project's need is apparent, and it's a straightforward proposal. The LWRP reviewed this application and found it to be consistent. With two bullet points here. One is, it is recommended that no boulders on the beach be used to construct the revetment. And number two is, the hardening of the toe with boulders will accelerate the erosion of the beach over time. The Conservation Advisory Council reviewed this application Board'of Trustees 20 January 18, 2023 and resolved to support it. Is there anyone here who wishes to speak regarding this application? MR. JUST: Good evening. Glen Just, agent for Robins Island Holdings. - -- - None of the boulders on the beach will be used for the revetment. All the work will be done by barge. And what was the second comment from the LWRP? J TRUSTEE GILLOOLY: That the hardening of the toe with boulders will accelerate the erosion of the beach over time. Which is -- MR. JUST: Okay. And, again, I want to point out once again, the purpose is that Breeder's Pond is a regulated freshwater wetlands, and the purpose of, again, the project, is to protect that so it doesn't get breached by tidal waters which just changes the whole biology, for lack of a better term, of the pond. TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak or any other questions or comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: I make a motion to approve this application as submitted, with the plans stamped received in our office November 21, 2022. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES). MR. JUST: Thank you. Good evening. TRUSTEE PEEPLES: Number 3, Costello Marine Contracting Corp. on behalf of ELIZABETH J. HOMAN TRUST, c/o KENNETH JAMES HOMAN requests a Wetland Permit to remove and dispose of existing 101' long bulkhead; construct new 101' long bulkhead in-place using vinyl sheathing; construct a 4' wide walkway along the landward side of the entire bulkhead; install a 3'x10' aluminum ramp leading to a 5'x20'floating dock secured in-place by two (2) 8" diameter anchor piles. Located: 430 Fisherman's Beach Road, Cutchogue. SCTM# 1000-111-1-14 The Trustees most recently visited the site on January 11th, and noted that the application is straightforward. The LWRP finds this proposal to be consistent with the LWRP policies, and noted the following: Number one, turbidity controls are required. Number two, note the dock must be 15 feet from the side property line unless determined otherwise. This recommendation was made considering that the dock exists is not large and does not unreasonably, protrude into public waters. The Conservation Advisory Council resolved to support this application, and did note =-the Conservation Advisory Council wrote: Supports the application with a five-foot non-turf Board of Trustees 21 January 18, 2023 buffer planted with native vegetation along the landward side of the walkway. Is there anyone here who wishes to speak in regard to this application? MR. COSTELLO: Jack Costello, on behalf of the applicant. This is straightforward, and there is no non-turf buffer included in this, because there is just no room for it. It's only about 1,1.00 square feet back there and, you know, they have two little kids, and there is just no room for a non-turf buffer in this situation. It's just a bungalow really. TRUSTEE PEEPLES: And there is a, looks like there is kind of a catwalk that runs along the bulkhead. What is the substrate of that catwalk? MR. COSTELLO:.It's going to be a tropical hardwood, you know, Purpleheart, something like that. It will be untreated tropical hardwood decking. TRUSTEE PEEPLES: Great. And underneath that? MR. COSTELLO: It will be, you know, regular CCA stringers, stuff like that, same as the rest of the bulkhead. TRUSTEE GOLDSMITH: Basically it serves as a non-turf buffer, in a sense. MR. COSTELLO: Yes. TRUSTEE PEEPLES: That's kind of the direction I was going. So, thank you, for clarifying that. Is there anyone else here who wishes to speak? (No response). Any other questions or comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application with.the plans stamped and dated November 17th, 2022. That is my motion. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. COSTELLO: Thank you. Have a good night. TRUSTEE GOLDSMITH: Number 4, En-Consultants on behalf of THE NORTH FORK PROJECT, LLC requests a Wetland Permit to maintain the existing as-built 17'x20.3' one-story garage which was reconstructed in the same footprint as previously existing one-story garage. Located: 5670 West Mill Road, Mattituck. SCTM# 1000-106-6-4.1 The Trustees conducted a field inspection January 11th, noting the project was straightforward. LWRP found this to be inconsistent. The inconsistency is the as-built structure was constructed without Board of Trustee review or permit. Board of Trustees 22 January 18, 2023 And the Conservation Advisory Council resolved to support the application, however there is a concern with the lack of an access door to the garage. Is there anyone here wishing to speak regarding this application? MR. ROJOHN: Tyler Rojohn, for En-Consultants, on behalf of the applicant. The owner Anthony Martignetti is here as well for comment. I'm sorry, what was the first comment? TRUSTEE GOLDSMITH: You're good. It was just that it was constructed without a Board of Trustee review-or permit. Is there anyone else here wishing to speak regarding this application? (No response). (Off the record comments by the Board members). TRUSTEE SEPENOSKI: Right now there is a mix of weeds and we just want to be sure it's not going to be turf. MR. ROJOHN: Yes, I understand that. Mr. Martignetti is willing to maintain that as a non-turf buffer. Anything on the property that's not pavement or building. TRUSTEE GOLDSMITH: Any other questions or comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion to approve this application and by granting it a permit will bring it into consistency with the LWRP. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number 5, Suffolk Environmental Consulting on behalf of TOWN CREEK REAL ESTATE, INC., c/o MICHAEL LIEGY requests a Wetland Permit to construct a proposed 25'x50' two-story, single-family dwelling with attached 20'x20' garage; install a pervious driveway; install a new I/A OWTS system; and to install gutters to leaders to drywells to contain roof runoff. Located: 480 Ackerly Pond Road, Southold. SCTM# 1000-69-3-13 The Trustees most recently reviewed this application on the 11th of January and then following that.on the 13th for a work session. It should be noted there are new plans in the file, stamped received December 29th, 2022. Some of the Board's concerns were addressed with the distance to the wetlands and the proximity of the rest of the structure at that time. The LWRP found this to be consistent, noted that a 50-foot non-disturbance buffer is approved when the initial wetland Board of Trustees 23 January 18, 2023 permit was passed. And also noted that there should be care taken with native American and colonial artifacts during the work. The Conservation Advisory Council resolved to not support the application due to the setbacks of Chapter 275. The Conservation Advisory Council will defer to the findings of the LWRP. It should be noted though when they made that determination they were looking at the original submission from the applicant. Is there anyone here that wishes to speak regarding this application? MR. ANDERSON: Robert Anderson, on behalf of the applicant. I'm hopeful that we've now come to a more acceptable plan than we have seen in previous renditions. My observations, we are going from a 52-foot setback to a 70.3-foot setback. We have fallen in line with the pier line drawn from the habitable living space adjacent to the subject parcel. And we also included a physical demarcation in the form of a fence line along the landward side of the 50-foot buffer and 30-foot no-work zone to the east. TRUSTEE KRUPSKI: Thank you. I appreciate you working with us on this one. I know it's been many months of going back and forth and trying to figure out a plan here, in kind of a sensitive area. And, you know, the changes are appreciated. It certainly seems like we headed, we went in the right direction. So just to be clear on this plan, 50-foot non-disturbance, which brings us to a split-rail fence? MR. ANDERSON: Yes. TRUSTEE KRUPSKI: And then the Board was just, the remainder of the property going to the house, would be non-turf, which I don't think is listed, but I think that is where the Board is looking there. MR. ANDERSON: Okay. I can have that done. Between the face of the house to the actual fencing? TRUSTEE KRUPSKI: Yes. Okay. Is there anyone else here that wishes to speak regarding this application? (No response). Or any additional comments from the Members of the Board? TRUSTEE GILLOOLY: I just want to echo your comments and thank you for working with us. I know that this was submitted in June and we have gone back and forth. So I really appreciate all the efforts that you've made to mitigate, especially with brand new builds on lots that have never been built on before. I think it does require a little bit of extra review and I appreciate your efforts. MR. ANDERSON: I appreciate the Board's concerns on those matters. Thank you. TRUSTEE KRUPSKI: There is no one else additional that wishes to speak to this application? (No response): Hearing none, I'll make a motion to close the hearing. Board of Trustees 24 January 18, 2023 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE KRUPSKI: I'll make a motion to approve this application with the plans stamped received December 29th, 2022, with the stipulation there is a 50-foot non-disturbance, with a - split-rail fence, and that it is non-turf between the split-rail fence and the house. And that there is no patio or hardened structure in the rear yard. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). MR. ANDERSON: Thank you, very much..Have a great evening. TRUSTEE SEPENOSKI: Number 6, Jeffrey Patanjo on behalf of CORBLEY FAMILY TRUST requests a Wetland Permit to dredge approximately 80 cubic yards of material from boat basin; dredge spoils to be disposed of at an upland location off-site; the use of a silt-boom to be installed surrounding dredge limits during dredging until turbidity ceases. Located: 680 Mason Drive, Cutchogue. SCTM# 1000-104-7-3 TRUSTEE GILLOOLY: I'm going to recuse myself from this application because of business reasons. TRUSTEE SEPENOSKI: The Trustees most recently visited the site on 1/11/23. Trustee Krupski's written do not disturb any vegetation during the process. , The LWRP found this project to be consistent. The Conservation Advisory Council resolved to support the application contingent on approval by the New York State DEC. The Trustees are in receipt of plans stamped November 16th, 2022. Is there anyone here wishing to speak regarding the application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant, happy to answer any questions you may have. TRUSTEE SEPENOSKI: From where I sit, the project looks straightforward. I do want you to address the concern of the Conservation Advisory Council that you get DEC approval. MR. PATANJO: It may have been obtained. If not, I'll send it as soon as it is obtained. TRUSTEE SEPENOSKI: All right. Any members of the public wish to speak regarding this application? (No response). Additional comments from the Board? (Negative response). Hearing none, I'll make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE SEPENOSKI: I'll make a motion to approve this application pending approval from New York State DEC. TRUSTEE KRUPSKI: Second. Board of Trustees 25 January 18, 2023 TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GILLOOLY: Number 7, Jeffrey Patanjo on behalf of MARK & ANN SCHAEFER requests a Wetland Permit to construct a proposed 4' wide by 78' long fixed dock with Thru-Flow decking; a 30" wide by 14' long aluminum adjustable ramp; and 6'wide by 20' long floating dock situated in an "L" configuration and supported by two (2) 10" diameter piles; dredge approximately 10 cubic yards of spoils from area surrounding proposed floating dock to obtain a minimum of 36" of water at low tide and deposit spoils off-site at an approved landfill. Located: 2300 Hobart Road, Southold. SCTM# 1000-64-3-5 The Trustees most recently visited this site on January 11th, noting a question: Dredging for water depth. The LWRP reviewed this application and found it to be inconsistent. The inconsistencies are as follows: The applicant fails to prove that the proposed dock meets the following requirements: Construction and operation standards of the Southold Town code. Review and approve all dock applications before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: A net loss of public usage of waterways is expected due to construction of such structure in/on public waterways. What is the expected draft of a vessel moored at the proposed dock? Insufficient water depth could result in bottom scarring, turbidity and loss marine species. The introduction of a dock structure piles will result in a net loss of shellfish habitat. An answer to the question has not been provided. And two more. The construction method has not been identified. And whether adequate facilities are available to boat owners and/or operators for fueling and discharge of waste and rubbish, and electrical service and water services. The answer to this question has not been provided. The Conservation Advisory Council resolved to support this application contingent on approval by the New York State DEC. Is there anyone here wishing to speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. It's the same as the last application, as soon as a DEC permit is obtained we will forward it to the Board for their consideration. The dock, in general, meets all the requirements which is standard for the Town of Southold, which is not exceeding the pier line, four-foot wide in width. The entire dock is going to have through-flow decking, which would allow sunlight through and rainwater through. There are no wetlands --there are wetlands at the start of the dock, which will not be damaged during construction. All the work will be done through, by way of a barge, so there won't be any vehicle traffic or any foot traffic really on the wetland area. And dredging is minimal. Very minimal r Board of Trustees 26 January 18, 2023 J dredging. I think we have it here (perusing). It's very minimal.I don't see quantity. Did I even indicate dredging on here? I have it on the plans but I didn't indicate dredging. So, we need - I did. Here it is. I'm sorry. Ten cubic yards. I didn't see it here. So we only have ten cubic yards of material coming out. If you look at the far end, the seaward end of the floating dock, its in about 28 inches of water. And on the interior side it's about, say, it's in about 18 or 19 inches of water. So we are. try to get to 30 inches of water at low tide. So it's very minimal dredging on this project, and it is to bring it into conformance with the requirements for the 30 inches of water at low tide. But other items, it meets all standard requirements for other projects that have been approved in the past. TRUSTEE GILLOOLY: Thank you. While I personally don't have any issues with a dock in this location, I do think that a fixed dock is more appropriate here given'that you do not currently have the water depth for a floating dock'r and the amount of maintenance dredging that would be required and the potential of, you know, damaging the bottom, I think this would be a less impactful solution for the wetlands. Would your client be opened to a fixed dock? MR: PATANJO: They are really strong for getting a floating dock, just for ease of docking a boat. You know, the up and down movement, so you don't have it tie it'off. So I'm going to say we want to continue with the floating dock application here, just because it's a very minimalistic dredging quantity here. The neighbors also have floating docks and it's consistent with the area and the entire, you know, neighboring properties. TRUSTEE GILLOOLY: Any other comments from the Board? TRUSTEE KRUPSKI: I think the main issue is, you know, the Trustees are very familiar with this creek. You know, from, and have a really working knowledge of the waterfront over here. And I wish that Mr. Costello had not left because he's also had a lot of work done on this creek. And quite frankly what we are trying to do with the fixed dock, I mean, you know what we are trying to do. And the boats are just going to sit on the bottom and even very shortly after that dredging activity that hole will be filled. So while I appreciate your activity, I just don't think it's going to work in this site. Unless we were to dredge the whole creek, which I'm not opposed to, but I don't think creating a depression in that one spot. When just up the creek we have been dealing with horrible littoral drift there. And, I mean, it's going to fill in, I mean, like in a day probably, over there. So. MR. PATANJO: Would the suggestion be to --so, insight, as far as the option of going with a fixed dock, does that seem to be the Board's ideas of a more suitable method for proposing a dock here? Board of Trustees 27 January 18, 2023 TRUSTEE GILLOOLY: I think yes, that's right. And I appreciate that you drew the pier line on here. So if you want to reconfigure it so that it's just a fixed dock up to the pier line, I think that would be acceptable to me, and I believe the Board is in agreement, so. .MR. PATANJO: At the request of the applicant, I would like to table this application. TRUSTEE GILLOOLY: Any other questions or comments? TRUSTEE GOLDSMITH: While there are discussions, we've been consistent. I think you have had other applications on this creek in the immediate vicinity where we have been consistent with the fixed dock if there is less than 30 inches of water. So I don't think we are inclined to start dredging to get that artificial depth, if you don't have it. MR. PATANJO: Understood. The intent here is such a minimalistic quantity. It's ten yards. It's a little pile here. It's not a lot of dredging material. And it's something that has been approved of in the past. TRUSTEE GOLDSMITH: As Trustee Krupski said, if you dredge today, it will be filled tomorrow. MR. PATANJO: Understood. As to any dredging, there is no guarantee it will remain dredged. That's why we were going with ten years. TRUSTEE PEEPLES: Bear with us as we try to obtain a measurement here. TRUSTEE GILLOOLY: Hearing no other comments from the public or the Board, I make a motion to table this application at the applicant's request. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: Number 8, Cole Environmental Services on behalf of MEGALOOP EQUITIES, LLC requests a Wetland Permit for the existing ±83' long wood groin to be removed and replaced in the same location with a ±63' long low profile vinyl groin; top of groin to be 18" above grade and using 6"x6" timber whalers, 10' diameter pilings to be installed 6' on-center; and Shoreguard 9900 vinyl sheeting. Located: 650 Cedar Point Drive East, Southold. SCTM# 1000-90-2-17 The Trustees most recently visited the site on January 11th, 2023, and noted, requested a reference point for the height of the groin off the bulkhead. And I would want to make mention that we did find that measurement in the plans, 44 inches. So. And the LWRP proposed this application to be consistent. They did note that a 2013 C&R applies to the property that requires a 15-foot, 20-foot wide naturally-vegetated embankment, be maintained in a naturally vegetated embankment. In quotes, non-turf buffer. The C&R runs with the land and.applies. They also noted existing vegetation in this area and on the Board of Trustees 28 January 18, 2023 beach should not be disturbed. The Conservation Advisory Council resolved to support this application. Is there anyone here who wishes to speak in regard to this application? 'MS. RUMMEL: Kate Rummel, on behalf of the clients. This is a straightforward project for replacing the existing groin with a low profile coming back about 20 feet to terminate at mean low water. It's comparable to other groins in the area. TRUSTEE GOLDSMITH: You have the DEC permit for this already, correct? MS. RUMMEL: Correct. You should have it on file. TRUSTEE PEEPLES: I forgot to mention that. Yes, you do have it here in the file. So, thank you, for taking care of that in advance. Then what is your plan for the access? MS. RUMMEL: Oh, it has to be by barge. TRUSTEE PEEPLES: Fantastic. That speaks to the concerns of the LWRP. And I did note that that vegetated embankment is fairly lush and seems to be in good condition. So, again, that is something that we want to maintain. So access by barge sounds like it's a good idea for this project: Okay, does anyone else wish to speak? (No response). Any other questions or comments from the Board? TRUSTEE SEPENOSKI: No, just that this is a lovely property. The house is scaled appropriately to the size of the lot. It's got a nice,.vegetated buffer. It is really a great example of what the shoreline deserves. MS. RUMMEL: I shared your comments with the client and he was very happy to hear that. TRUSTEE PEEPLES: Thank you, for doing that. It's a pleasure seeing that. Thank you, for your comments. Anyone else? (No response). Hearing none, I'll make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE PEEPLES: I make a motion to approve this application with the plans stamped received on November 14th, 2022. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 9, Cole Environmental Services on behalf of CHRISTOPHER & ELIZABETH AUSTIN requests a Wetland Permit to demolish existing dwelling, shed, and accessory structures; construct a proposed two-story±39.5'x65' irregular shaped dwelling with ±30.6'x±22.5' attached garage; a Board of Trustees 29 January 18, 2023 ±15.8'x±7.7' front porch; a ±25'x±65' irregular shaped rear porch raised 4' above elevation with a 5'x22'9" roofed over open section with second-story balcony on east side, a 12'x18' roofed over open section with second-story balcony on west side; and a, ±13'x±30' pool; pool and porch to be at elevation 9.5 with -------stairs from porch to be ±5'x±6' and have a pool-safety gate; install a pool drywell for backwash, and pool equipment area; install A/C units; install a generator; install a Bilco door; existing septic to be abandoned in accordance with S.C.D.H.S. specifications; install a new I/A system in front yard; underground water and electric to be installed; install a propane tank; install two retaining walls (top of retaining walls to be ±82, bottom to be ±4.0'), on the east and west property lines with the west side yard retaining wall to be 103'2" in length and extends from the north-east, roadside of the property and ends 3'8" from the southwest corner of proposed dwelling, the wall then returns in towards the house with a length of 18'5"; the east side yard retaining wall is 92'2" in length and extends from the northeast, roadside of the property and ends 8'0" past the southeast corner of the proposed dwelling; the all then returns into the proposed 8'0" wide porch from east side yard property line with a length of 20'0"; approximately 592 cubic yards of fill will be brought in and used on the north, roadside of the property, within the ,boundaries of the proposed retaining wall; the proposed elevation of the street on the east side is 8', and on the west side is 9% the property to be graded from the street to the retaining walls to be elevation ±8' and the grade of the rear yard (seaward of retaining walls)-will remain as is; with the existing 10'wide non-turf buffer to remain. Located: 2200 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-5.1 The Trustees conducted a field inspection January 11th, 2023, noting concerns about the height of the retaining wall; check on the pier line,;_concerns about the pool; increase the width of the buffer. We do have new plans stamped December 14th, 2022. The LWRP found this to be consistent, provided the following is considered: The parcel is located within the FEMA flood zone AE Elevation 6. The structure should be minimized and setbacks maximized in hazard areas. Where is the existing sanitary system and the new sanitary system located. Minimize the turf adjacent to the Wetland. And require that the non-turf buffer be vegetated with native vegetation to further Policy 6. The Conservation Advisory Council supports the application, however recommends the pool be moved closer to the house, outside of the flood zone, in compliance with Chapter 275, and requests clarity of the limit of moderation action. We also have in the file a number of letters of support for this project. We have one from Maria Santagatte (sic). We have one from Samuel DiMiglio, Jr. (sic), and there is.another one from Phillip Tienman (sic). Board of Trustees 30 January 18, 2023 Is there anyone here wishing to speak regarding this application? MR. COLE: Chris Cole, Cole Environmental, on behalf of the applicant. We are taking down a currently-existing house, bringing the living structure back behind the pier line. We are putting in a new IA sanitary system. And then to reference to the comment, it's going to be maximized to the furthest away from the wetlands that it can be on the property on the northeast corner. We are adding new storm drainage to drywells. We conform to the setback codes. And we are making the house FEMA compliant. We met the Trustees onsite and discussed the floodwaters and potential of a storm coming.in. We are willing to replace the patio in between the pool and the house into a deck to potentially allow for floodwaters to kind of surround the high point in the property and be able to kind of disperse it a bit. And we are willing to offer vegetated buffers on both sides of the property, five foot in width by about 50 feet on the west side, and about 65 feet on the east side. And the buffer right now is gravel. We are intending to replace that to mainly a vegetated buffer with some sandy areas. So we are asking if these changes would be acceptable to the Trustees to grant an approval. And the owner is here as well. Chris Austin. MR.-�AUSTIN: Hi. Christopher Austin. I just want to add, too, we are also going to do the plantings seaward of the bulkhead, which would be the coir logs, the Spartina grasses that we spoke about at the first pre-site submission meeting back in June. So the grasses seaward, the grasses on top and then grasses and bayberries going down both the property lines to about the 50 and 65-foot mark. TRUSTEE PEEPLES: Thank you. TRUSTEE GOLDSMITH: Thank you. Can you address for us, we discussed in the field a little bit, the height of those seaward retaining walls? MR. COLE: So the retaining walls, and Chris, you know these well. I believe they're going to be four feet high, the top of --they are above ground, but we are also proposing to raise the bulkhead two feet. So, by the'time the bulkhead is raised, the elevations above the ground will be less. TRUSTEE GOLDSMITH: Now, is that bulkhead raising on this application? MR. COLE: It is not. It's on a subsequent application. TRUSTEE GOLDSMITH: Even if the bulkhead gets raised two feet, I don't think that this Board is going to be in favor of raising the grade behind that bulkhead said two feet. You know, I don't want to jump ahead of ourselves and talk about something that is not in front of us, so we won't even discuss that bulkhead at the moment. You know, our concerns, and again, we discussed this in the field, and, you know, the LWRP also made note of it, that this Board of Trustees 31 January 18, 2023 is a floodplain. So our concerns are in a storm or an event, the water is going to come up, those retaining walls are going to just push that water on to the adjacent properties, creating further damage to them, which is what we don't want to see. ,We get the need for the retaining wall around the septic system to get the proper grade, but we discussed again the lowering of the retaining wall height on,the seaward end. MR. AUSTIN: Yes, I think per our last discussion onsite, actually, the discussion before the last discussion-onsite, we did lower the retaining walls on the east side of the property to be 18 to 24 inches above the current grade. That is the highest point on that side. And then in front of the pool area is a high point of eight-foot elevation, natural grade based on the submission from Chuck Thomas, on his site plan, which you have a natural elevation, kind of a crest in the middle of the property right before, seaward, of the pool. So you would have that natural dispersion of water, which is why are going to change to a deck so the water can then circle the pool, go under the deck. And really it's far beyond the limit of moderate wave action. So I don't see that we are going to have water coming up beyond the retaining walls, as you are talking about, Glenn. Maybe in my lifetime, but probably not. I do think it's important to note that the elevation of the retaining walls are 8.2 feet, and the grade on the east side of the property is already at five-and-a-half. So that wall is only two-and-a-half-ish exposed face on the seaward side. On the west side of the property that retaining wall would be about four-foot faced. And we are, noting here that we are doing plantings, vegetations around now would be the deck, the pool and now down both sides_of the property line to alleviate some of that water flow. Obviously I don't want to have a new house that is flooding with water as well, so we are going to do everything we canto alleviate that concern. We did step in the retaining wall on the west side to accommodate for some privacy trees for the neighbors to alleviate, from looking at a concrete wall. Obviously we want it to look as natural and lush as possible when it's all done. MR. COLE: And the plantings in front of all the retaining walls, from a visual standpoint, are blocking the face of the walls from anyone in the creek or across the creek. MR. AUSTIN: And now proposing down both the sides of the property, with a five-foot wide buffer 50 plus or minus feet, depending on which side we are talking about, east or west, and now taking the gravel buffer out and adding quite a bit of vegetation, which we do have a plan in place on that, which we'll submit with the bulkhead. But we can move that and submit it. We are going to retain a gravel area where the beach is and another gravel area where the proposed new dock would come off, Board of Trustees 32 January 18, 2023 J like a seating area. Nothing expansive. There will be a lot of plantings. TRUSTEE PEEPLES: And another thing we spoke about in the field, I don't believe it's been touched on this evening, is lowering the height of the pool. MR. COLE: We did discuss that. We want to maintain the height for safety and accessibility concerns for children, lines of site from the pool from the house, and elderly grandparents and whatnot. So we won't have multiple steps coming in and out between the deck and the house. MR. AUSTIN: Yes, I mean, we talked about it, I went home and thought about it, just the fact we have two young toddlers running around the house and possibly who knows if more will come in the future, and-with elderly grandparents, to have steps coming in and out of the house or steps going down to the pool being wet, would really be a-safety concern. TRUSTEE GOLDSMITH: My concern with that, too, is, you know, you talk about a safety concern, but we have a top of retaining wall at 82" elevation and the grade is 3'6" elevation. You have a four-and-a-half foot drop off a retaining wall, and I don't see any proposed fence or anything like that. If I'm not mistaken, you said the height of that retaining wall was in lieu of a fence for the pool? MR. AUSTIN: Well, the pool height is 48 inches high, and the deck has railings going down both sides of it toward the patio now on the proposed plan, which wrap up to the edge of the pool, and the pool would have a four-foot face minimum to maintain the. safety for the children so we would not have essentially the need for the whole property to be fenced in. In the current plans proposed you should see the fencing going down the side of the decks. TRUSTEE GOLDSMITH: The other thing that we had discussed, and I know it's a question for this Board going forward, is when is a pool really not a pool anymore, and when does a pool become a structure. A pool that is at eight-foot whatever elevation, I don't know if we can consider that in the same way that we would a pool that is on grade. Again, from the storm water aspect, from the threat to adjacent properties, if it was an on-grade pool, water goes in, the water recedes. But when you have an eight-foot elevation on a pool, that water only has one way to go, and that's to the neighboring properties. MR. AUSTIN: I think it's important to note, again note, that the elevation is five-and-a-half feet in front of the pool. So the pool is set at nine-and-a-half foot elevation,so you have a four-foot face for the safety of not having to have a fence around the property. TRUSTEE GOLDSMITH: But also on the west side -- MR. AUSTIN: That would be the patio. There is a dotted line that shows-the ending of the pool which would have about a four-and-a-half foot exposure. Board of Trustees 33 January 18, 2023 TRUSTEE GOLDSMITH: The LWRP also noted that this is in a floodplain elevation six. So even if you have an elevation 5.8 in front of the pool, you know, if you are in a storm elevation six, that means that the water will be hitting that pool during a storm event. MR. AUSTIN: And ideally circling around and now going underneath the revised proposed deck instead of a patio. TRUSTEE PEEPLES: Just to clarify visually what we are talking about here, since you asked to proceed with this hearing so that we could have this conversation, but we are not in receipt of plans that indicate kind of what you are referring to. So I just want to clarify. You have the house and then seaward of the house there is now going to be a deck on piles, correct? MR. AUSTIN: Correct. TRUSTEE PEEPLES: And then seaward of that is kind of incorporated into that, is the elevated pool that includes a structured wall. MR. AUSTIN: Correct. TRUSTEE PEEPLES: Okay. So you're kind of primary structure, more open, and then structure again. MR. AUSTIN: And this was, obviously we've been working on this together for a long time, and I appreciate everyone's patience. You know, we've read the code, you know, it says pool and related structures. It didn't reference inground pools or aboveground pools. And we massaged this. We pushed the pool back over these revisions. The pool is now 64 feet back now from the bulkhead. We are way behind the limit of moderate wave action. So we really had tried every adjustment along the way to make this more suitable for the Board of Trustees. TRUSTEE PEEPLES: Thank you. I think the thing that we kind of noticed, what we noticed is that originally the retaining walls were further seaward. Once they were moved back landward, all of a sudden it kind of exposed that structure. And so while I understand the fact that this has kind of been on the plans from the beginning, it almost revealed itself to us when the retaining walls were pulled back, which is something that we did request, because there is a concern about the retaining walls as well. So I think what we are responding to is the fact that the pool as structure, has become something that is more frequently in front of this Board, and as Trustee Goldsmith mentioned, that while the code says one thing, it's referring to kind of a different animal, which is an inground pool versus something that could be conceived as a primary structure, in a way, because it is rather substantial. Pools are meant to be enjoyed, you know, on a larger scale. So it's not just a small piece of structure on the property. MR. AUSTIN: Can I make a suggestion. I was looking at this honestly for hours and losing sleep over it. But if we were to Board of Trustees 34 January 18, 2023 -- and I don't know if you guys have the site plan in front of you. If we were to rotate the pool, essentially, 90 degrees, and put it into the pocket of the cutout of the current deck, or patio that will become a deck, and I can come up, Glenn. I don't know if it's easy for me to point at it. MR.-COLE: On the east side corner, where the steps are. MR. AUSTIN: Kind of like this "L" of the patio, if we were to rotate the pool and stick it back in that "L,"the majority, over 70% of the pool would be outside that flood zone. The dotted line shows the flood zone. Would that alleviate a lot of concerns of the Trustees? MR. COLE: And the only, the face becomes from 32 feet to the 12 feet, but shifted much further away from the water, from the flood zone. MR. AUSTIN: Can I come up and show you? TRUSTEE PEEPLES: I think that would be helpful. Thank you. MR. AUSTIN: I feel like I'm in court. If we were to take this whole pool, we would have to change the sides of the patio, take the whole pool and put it back in here. Some of it would still come out obviously to here, but the whole pool would be moved like that. So essentially it would alleviate a lot, it takes the face and it puts it here, per se, and now this is the flood zone, so this whole section of the pool would now be outside of the flood zone. There would still.be a portion of it in. TRUSTEE GOLDSMITH: And this would be open deck. MR. AUSTIN: There is still decking all the way here, you would have to cut this back a little bit to accommodate the width of the pool. This is eleven feet. We would probably do a 13x30 or 13x28. Shrink the length of the pool to squish it in there, if you will. TRUSTEE PEEPLES: You are still seaward of the pier line. The Pool. , MR. AUSTIN: Yes. I mean, it's just the way the house and, I mean, and this deck here, I would bring attention, the neighbor has a deck elevated at 15 feet on this property. Two level. Or is it 20 feet. And this deck is elevated at five-and-a-half feet with a hot tub in it. Both beyond the 50-foot line. So, again, we are willing to move this in. And then I think with all the natural grasses and plantings down the side, visually, and around the outside, it really is going to look more natural than everyone thinks. TRUSTEE GOLDSMITH: Yes. You know, but,just because we are fixated on it at the moment, we are discussing in the field notes about the pier line. So this is what, we can see what we are talking about, and that line is coming down the middle of the deck. It should go to the edge of the -- MR. AUSTIN: It goes to the edge the covered deck. This is a covered deck. Two-tiered covered deck. I think we spoke to Nick about adjusting the pier line to accommodate. This is a covered deck. So we have a covered deck that would essentially line up. Board of Trustees 35 January 18, 2023 TRUSTEE GOLDSMITH: Okay. And one of the other things that we had discussed in the field, and Mr. Cole, I believe you brought it up, was vegetation, whether you call it a swale, a rain garden, or whatever, to essentially mitigate against that future storm that we are worried about and damage that that may cause, so if -you can come up with a vegetation plan to maybe minimize that, - —or maybe account for some of the flooding. You know. MR. COLE: Could that be in the five-foot on either side, to depress it and encourage water or-- TRUSTEE GOLDSMITH: Actually, we need a little bit more than that. MR. AUSTIN: I think the natural buffers we are talking about would keep all the water on our own property. TRUSTEE KRUPSKI: We would just want to see them engineered that way, I think. Not just-- like a five foot buffer-- right, if we say a five-foot vegetated buffer, right, you can just throw in a line of Leland's and that is not going to be the same as if you engineered some sort of a swale with some native plantings. Do you understand where I'm going with that? MR. AUSTIN: Yes. Just having young kids, I don't want like standing water around. TRUSTEE KRUPSKI: No, no. Not,like that. Do you know what a rain garden is? MR. AUSTIN: Not 'really. TRUSTEE KRUPSKI: It's essentially a depression to take the rain without going through French drains and drywells. It's a natural way to mitigate. There is no standing water. MR. AUSTIN: Well, I think the other thing, if we were to rotate the pool, as we were just kind of going over briefly, it would open up the front of the deck area landward of the 50-foot setback to put in maybe some more drainage either for the pool, for the yard, but whatever, it would need to accommodate, but we have more space to do that. TRUSTEE KRUPSKI: I mean, just looking, I want to give this back to you, I know it's just a sketch, but looking at this, I like the direction you are heading in with it. I think I would like, I would prefer to see the pool to go no forward than the proposed pool, if possible. MR. AUSTIN: Okay. Yup. TRUSTEE KRUPSKI: And I'm just speaking as one here, but, you know, I would want to see a little bit of a planting plan to mitigate some of the walls a bit, but it does seem in my mind you are pulling the structure back to some degree there and you only have 12, you know, 12-foot of face sort of.sticking out. I mean, I think it's a little easier to work with than 30 feet. Less than half. TRUSTEE GOLDSMITH: That in conjunction with more of a vegetated buffer/swale area in front, that could address some of the concerns. TRUSTEE GILLOOLY: One more,question. If this was resubmitted as a brand new project, would it be subject to the (inaudible) Board of Trustees 36 January 18, 2023 legislation? MR. AUSTIN: That's a great question. I have no idea. MR. COLE: I do not believe so. We were told that once an application is submitted -- TRUSTEE GILLOOLY: No, I mean the proposal, as a new proposal. MR. COLE: Not sure. I addressed that with Mike Verity before we got started, making sure that it was going to accommodate all the current building codes. MR. AUSTIN: I would also just like to point out, too, that repositioning the pool brings it to the natural high point of the property. The higher point of the property is that eastern/ southeastern side of the property, where the house, current house currently sits. It's the high ground, if you will. TRUSTEE PEEPLES: So I too am open to this proposal that you indicated for the pool. Is that when you were talking about the retaining walls prior, the one on the eastern side of the property, I think you said you had a visible face of about two feet, something along those lines? MR. AUSTIN: Yes. TRUSTEE PEEPLES: So are we talking about now that the pool would have a visible face of approximately two plus two, maybe up to three feet? Or-- it just seems MR. AUSTIN: It depends on how the slope of, the grade is on the property. It depends. If the yard slopes down, some of it would be less, some would be more. TRUSTEE PEEPLES: So then in a way that addresses the question that we had about lowering the pool when we were onsite speaking being that. MR. AUSTIN: Correct. Exactly. TRUSTEE KRUPSKI: I mean, I appreciate you working with us. We put a lot of time and energy into this, and I know you put a lot of time and energy into this. Just one other point, you mentioned keeping the gravel, and I don't know if that's part of this or the next one. It's not, the gravel is not necessarily a requirement. If you wanted to do sand there instead. It's just, you know, I mean we would like to see some plantings, and I don't know if that's now or the next one, like I said. But just so you know, because you mentioned gravel, but that is not necessarily a requirement of that area. MR. AUSTIN: Would you like to see the idea since we are here or no? TRUSTEE KRUPSKI: Is that for the next application, you were saying? MR. AUSTIN: Well, I was going to include it in this one so that we understand what the point is to do it. TRUSTEE.GOLDSMITH: And just for point of clarity, is there any reason we are not including the bulkhead replacement on this MR. AUSTIN: Everyone is backed up doing the plans for the bulkhead and the dock. I would say we are motivating them as quickly as possible. MR. COLE: And when we get the dock, we are bringing in the Army Board of Trustees 37 January 18, 2023 Corps of Engineers and Department of State as well, so. And the DEC. So this proposal is just the Southold Trustees. The dock would be many other agencies. MR. AUSTIN: This would be the vegetated buffers on both sides, then we were thinking about keeping either sand or pea gravel where the beach is, and then doing vegetation in between. This is the proposed new pier, you don't have it yet. And then this is the Spartina grasses in front of 80% of the bulkhead. That doesn't exist right now except for over here. We are kind of rebuilding the wetlands to slow down that water flow. And so this where we are going with it. TRUSTEE GOLDSMITH: Okay. Basically just reconstructing the existing buffer in different ways. MR. AUSTIN: Exactly. Making it kind of more natural and lush. TRUSTEE KRUPSKI: Right. Just for clarification, the issue would be the dock with everyone else? I mean, could you just put the buffer and the bulkhead on this application and leave the dock out as a potential that-- MR. COLE: Potential that brings the DEC into the picture. MR. AUSTIN: We don't have the DEC right now. MR. COLE: We have a letter of non-jurisdiction right now for the property. It's the timing of it. TRUSTEE KRUPSKI: If you involve them with the bulkhead it would slow the house down. MR. AUSTIN: It seems everyone is on a different timeline. MR. COLE: Right. The DEC, it can be very difficult to get hold of them, to push them. So that was the original intention to have it separate. TRUSTEE KRUPSKI: Okay, then we probably shouldn't discuss that. Okay, thank you. MR. COLE: Just to clarify, we will kind of reconfigure the pool to be in the pocket area on the eastern side, we'll be changing the patio to a deck, and we'll be vegetating both sides of the property. And on the western, southwestern side we'll be figuring out some sort of swale planting area to handle stormwater. TRUSTEE PEEPLES: I believe you are also going to look at the size of the pool when you relocate Was well. MR. COLE: Yes. TRUSTEE KRUPSKI: Thank you. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? (No response). Any other questions or comments from the Board? (Negative response). Hearing none, I'll make a motion to table this hearing for submission of new plans. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I make a motion for adjournment. Board of Trustees 38 January 18, 2023 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). Respectfully submitted by, 0 Glenn Goldsmith, President Board of Trustees f 1