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HomeMy WebLinkAboutTR-02/15/2023 Glenn Goldsmith,President S 0 J; Town Hall Annex A. Nicholas Krupski,Vice President 54375 Route 25 P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 oly11ou BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MAR 1 6 2023 Minutes Wednesday, February 15, 2023 5:30 PM 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, February 15th, 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. (The 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, Trustee Sepenoski, Trustee Gillooly and Trustee Peeples. To my right we have Attorney to the Trustees Lori Hulse, Senior Clerk Typist Elizabeth Cantrell. We also have with us tonight Court Stenographer Wayne Galante, and from the Conservation Advisory Council we have Caroline Burghardt. Agendas for tonight' s meeting are out in the hall and also posted on the Town' s website. We do have a number of postponements tonight. The Postponements in the agenda, on page six, numbers 2 and 3: Number 2, J.M.O. Environmental Consulting on behalf of J. GEDDES PARSONS requests a Wetland Permit and a Coastal Erosion Permit to remove the existing 5'x81' fixed dock and piles (16) , 3'x20 ' ramp and 9'x18 ' floating dock; construct a proposed 5'x81 ' fixed dock secured by sixteen (16) piles; install a 4 'x16' adjustable ramp; and install an 81x18 . 51 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. Board of Trustees 2 February 15, 2023 Located: 515 Sterling Street, Fishers Island. SCTM# 1000-10-9-3. 1 Number 3, 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 .51x12 ' ramp and existing 81x20 ' 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 ten, numbers 12 through 16: Number 12, Jennifer DelVaglio on behalf of PABLO PEG, LLC, c/o PAUL MAY requests a Wetland Permit for the existing ±1, 895sq. ft. two-story dwelling with a 30sq. ft. front porch; as-built 431sq. ft. seaward side screen porch; as- built 236sq. ft. deck and 263sq. ft. deck on seaward side of dwelling. Located: 375 Reydon Drive, Southold. SCTM# 1000-79-5-23. 1 Number 13, Jeffrey Patanjo on behalf of M&R NORTH FORK PROPERTIES, INC. , c/o MARK SCHILL requests a Wetland Permit to construct a proposed 3, 960sq. ft. total two-story single family dwelling with varied dimensions of 49. 01x48 . 0 ' with a 5.5'x7 . 0' front covered porch, 3 'x10 ' front steps, 10 'x33 ' covered rear porch with 4 'x14 ' steps; install a proposed generator on a 3'x5' concrete pad; install a/c units; install a buried 1, 000 gallon propane tank landward of dwelling; a proposed I/A type sanitary system will be installed landward of dwelling and in accordance with S.C.H. D. standards; approximately 300 cubic yards of clean fill to be added and graded surrounding the proposed dwelling to raise the grade; install gutters to leaders to drywells to contain roof runoff; install and perpetually maintain a 10 ' wide Non-Disturbance Buffer along the landward edge of the wetland line and a 10 ' wide Non-Turf Buffer to be installed and perpetually maintained along the landward edge of the Non-Disturbance Buffer; and a silt fence to be installed and maintained surrounding the entire work limits until area is fully stabilized. Located: 500 Lakeside Drive, Southold. SCTM# 1000-90-3-4 Number 14, 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 Number 15, Patricia Moore, Esq. on behalf of CAROLYN & JOSEPH FERRARA requests a Wetland Permit for a proposed 3 'x36' Board of Trustees 3 February 15, 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 to install a 4 ' wide path to the road. Located: Property Off of Osprey Nest Road, Greenport. SCTM# 1000-35-7-1 Number 16, 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 page eleven, numbers 17 through 20 : Number 17, BRIDGET CLARK requests a Wetland Permit for the existing 20 '3"x22 ' 4" (452sq. ft. ) detached garage and to convert it into an accessory apartment by replacing existing windows, exterior door, add plumbing to connect to existing septic, and install a wall mounted electric heating unit. Located: 7825 Soundview Avenue, Southold. SCTM# 1000-59-6-15 Number 18, 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 Board of Trustees 4 February 15, 2023 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 19, 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 181x4 ' steps down to an 8 'x3 . 8 ' middle platform to 16'x4 ' steps down to a 19. 41x10 ' 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 20, Cole Environmental Services on behalf of SCOTT & LEA VITRANO requests a Wetland Permit to remove existing pier and float; construct a proposed 4 'x14 ' landward ramp leading to a 4 'x35' fixed pier with Thru-Flow decking a minimum of 4 ' above wetlands; a proposed 3'x12 ' metal ramp; and a 4 'x20 ' floating dock situated in a "T" configuration and secured by two (2) 8" diameter piles . Located: 3875 Main Bayview Road, Southold. SCTM# 1000-78-2-15. 1 And on page 12, number 21, Cole Environmental Services on behalf of JUSTIN & ALLISON SCHWARTZ requests a Wetland Permit to construct a proposed 4 'x165' fixed pier with open grate decking a minimum of 4 ' above tidal vegetative grade; a 3 'x16' aluminum ramp; a 6'x20 ' floating dock situated in an "T" configuration; and to install a natural path leading from upland to fixed pier using permeable material. Located: 2793 Cox Neck Road, Mattituck. SCTM# 1000-113-8-7 . 6 Under Town Code 275-8 (c) , files were officially closed seven days ago. Submission of any paperwork after that date may result in a delay of the processing of the application. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I 'll make a motion to have our next field inspection on Tuesday, March 7th, 2023, at 8 : 00 AM. TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . II. NEXT TRUSTEE MEETING: TRUSTEE GOLDSMITH: I ' ll make a motion to hold our next Trustee meeting Wednesday, March 15, 2023, at 5: 30 PM at the Town Hall Main Meeting Hall. Board of Trustees 5 February 15, 2023 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 Sessions on Monday, March 13, 2023 at S: OOPM at the Town Hall Annex 2nd floor Executive Board Room; and on Wednesday, March 15, 2023, at S: OOPM at the Main Town Hall Meeting Hall TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . IV. MINUTES: TRUSTEE GOLDSMITH: I 'll make a motion to approve the Minutes of the December 14th, 2022 meeting and January 18th, 2023 meeting TRUSTEE SEPENOSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . V. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for January 2023, a check for $22, 817 .29 was forwarded to the Supervisor' s Office for the General Fund. VI. PUBLIC NOTICES: TRUSTEE GOLDSMITH: Public Notices are posted on the Town Clerk' s Bulletin Board for review. VII. STATE ENVIRONMENTAL QUALITY REVIEWS: 5 TRUSTEE GOLDSMITH: Under Roman numeral VII, State Environment Quality Reviews, RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section X Public Hearings Section of the Trustee agenda dated Wednesday, February 15, 2023 are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: As written: Andrea Court Property Holdings, LLC, c/o John Zenk SCTM# 1000-90-2-14 . 1 Michael Massa & Andrew Lanzaro - SCTM# 1000-31-18-1 Lawrence Kaplan & Denise Blesi-Kaplan - SCTM# 1000-70-4-45. 3 Mary Anne Kelley & Diane C. McKenna - SCTM# 1000-99-4-19 Robert & Marybeth Polke - SCTM# 1000-115-11-9 Charles DiSapio & Xanne Perez - SCTM# 1000-115-10-7 Konstantinos D. Katsiris & Julia Melinda Orlie Katsiris Board of Trustees 6 February 15, 2023 SCTM# 1000-90-3-3 Lawrence & Irene Scavelli - SCTM# 1000-35-5-27 Peter Sabat - SCTM# 1000-103-3-17 . 1 Samuel & Rebecca Lissner - SCTM# 1000-94-3-1 . 10 The Richard Heus & Pamela Heus Revocable Trusts SCTM# 1000-106-11-22 Pablo Peg, LLC, c/o Paul May - SCTM# 1000-79-5-23 . 1 M&R North Fork Properties, Inc. ', c/o Mark Schill - SCTM# 1000-90-3-4 That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS: TRUSTEE GOLDSMITH: Roman numeral VIII, Resolutions - Administrative Permits . In order to simplify our meetings the Trustees regularly group actions that are similar or minor in nature. As such I 'll make a motion to approve number 1, Glenn F. Heidtmann, Jr. on behalf of GEANIE ARCIGA & THOMAS JUUL-HANSEN requests an Administrative Permit for the as-built approximately 600 if of 8 ' high deer fence on the north, east and west property lines . Located: 500 Castle Hill Road, Cutchogue. SCTM# 1000-72-1-1 . 10 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 2, AMP Architecture on behalf of PHILIP & LIA CHASEN requests an Administrative Permit for a proposed 10.2 'x8 .2 ' (83sq. ft. ) pool house and a 5 'x8 .2 ' (40 sq. ft. ) outdoor shower. Located: 1585 Long Creek Drive, Southold. SCTM# 1000-55-7-3 Trustee Gillooly most recently conducted a field inspection January 11th, 2023, noting that drywells will be needed, concerns about the need for extra bathroom. It' s already a built-up environment. Environmental impact must be assessed. The LWRP found this to be consistent. Due to the fact that we have been to this site a number of times, we built up that backyard at least on three different occasions, and now we are talking about putting some 'structure a little further seaward than was originally proposed, I will make a motion to deny this application. because under Chapter 275-12 (a) , it adversely affects the wetlands of the Town. That is my motion. TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 3, MARYELLEN DUGAN & DAVID WAGNER Board of Trustees 7 February 15, 2023 request an Administrative Permit to remove existing deck and install new 12 ' 4"x37 ' 10" deck with railing and two sets of stairs; and to prune several trees . Located: 1400 West Creek Avenue, Cutchogue. SCTM# 1000-110-1-4 Trustee Krupski conducted a field inspection February 13th, 2023, notes the deck is okay with new plan showing a 20-foot non-turf buffer, and no trees on western side of the house to be pruned. The LWRP found this to be inconsistent. The inconsistency is a wetlands permit for the existing deck was not found in Town records . I ' ll make a motion to approve this application and noting that by granting the permit will bring it into consistency with the LWRP, subject to new plans, and also subject to new plans showing that 20-foot non-turf buffer. That is my motion. TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All .in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 4, 4660 VANSTON ROAD LLC requests an Administrative Permit to conduct construction activity within 100 ' from the landward edge of wetlands for the construction of a new single-family dwelling with 2 car attached garage, pool with spa and patio; and for the existing deer fencing that surrounds property. Located: 4660 Vanston Road, Cutchogue. SCTM# 1000-111-10-15 Trustee Krupski conducted a field inspection February 7th, 2023, noting that the Trustees request a non-turf buffer on the plans landward of the bank, and to call out areas seaward of the bank to be a non-disturbance area, non-turf buffer to be 10 to 20 feet. The LWRP found this to be inconsistent. The inconsistency is the lot is wooded with slopes over 200 . The residence is proposed on a roughly 22-foot drop from the 48-foot contour to the 28-foot contour. I 'll make a motion to approve this application with new plans showing the non-disturbance buffer and the non-turf buffer, and with the condition on approval from the Building Department in relation to Chapter 236 drain storm water concerns, thereby bringing it into consistency with the LWRP. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 5, Martin D. Finnegan on behalf of CONKLING ADVISORS LLC requests an Administrative Permit to replace sixty-eight (68) dock light units located on existing docks. Located: 1670 Sage Blvd. , Greenport. SCTM# 1000-57-1-38 . 3 Trustee Gillooly conducted a field inspection on February Board of Trustees 8 February 15, 2023 6th, 2023. Notes read as follows : The need is apparent, specify all Dark Skies compliant lighting. The LWRP found this to be exempt. So I ' ll make a motion to approve this application subject to the lights being in compliance with the Dark Skies compliant rule of the Town. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 6, AMP Architecture on behalf of RONALD PAGANO requests an Administrative Permit to remove existing and construct new 1, 023sq. ft. (55. 4 'x48 . 5'xl81 ) wood deck with trellis and 50sq. ft. (10 'x5' ) outdoor shower. Located: 1050 Blue Marlin Drive, Southold. SCTM# 1000-57-1-32 Trustee Gillooly did a field inspection on February 6th, 2023, noting that the entire project is within the pier line of adjacent living structures, the overall reduction of deck and addition of trellis . The LWRP found this to be inconsistent. The inconsistency is the wetlands permit for the deck was not located within Town records . I 'll make a motion to approve this application as submitted, thereby 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 7, Michael A. Kimack on behalf of 1505 BIRDSEYE ROAD LLC requests an Administrative Permit for clearing and grubbing approximatelyl8, 365 sq. ft. (3, 175 sq. ft. non-turf buffer area and 15, 190 sq. ft. landward of non-turf buffer to 100 foot setback line) from westerly property line following top of bluff to easterly property line and setback 100 feet. Infill approximately 590. 5 cu. yds . (301. 5 cu. yds . from excavation and 289 cu. yds from offsite) of the area from proposed landward side of proposed non turf buffer to 100-foot setback line. Install proposed I/A system seaward of 100-foot setback line from bluff as approved by Suffolk County Wastewater Management Dept. install 785 SF of walkway consisting of a crushed bluestone base with pavers . Install a 4-foot wide by approximately 155 ft. in length ground level foot path, commencing from landward edge of proposed non-turf buffer to toe of bluff with Ipe O/E wood step edges. Create and . perpetually maintain a 15 foot wide non turf buffer (3, 175 sq. ft. ) commencing at the westerly property line and following the top of bluff to the easterly property line, planted with permissible vegetation. Plant indigenous grass from landward edge of non turf buffer to 100-foot setback line (15, 190 sq. ft. ) Board of Trustees 9 February 15, 2023 Located: 1505 Birdseye Road, Orient. SCTM# 1000-17-1-4 The Trustees all conducted a field inspection on February 7, 2023 . There is some question as to the status of any potential wetlands on the parcel . So at this time I 'm going to make a motion to table this application for hiring a third-party licensed professional to survey the property and submit a report regarding any potential wetlands on the property. That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: Roman numeral IX, Applications for Extensions/Transfers/Administrative Amendments . Again, in order to simplify our meeting, the Trustees regularly group items that are similar or minor in nature. As such, I ' ll make a motion to approve Items 1 through 4 and 6 and 7, as follows: Number 1, SCOTT & DORIE MEHLING request a Transfer of Wetland Permit #1807 from Castelforte, LLC c/o Maggie N. Sparagna to Scott & Dorie Mehling, as issued on April 30, 1984 and Amended on December 14, 2016. Located: 2100 Glenn Road, Southold. SCTM# 1000-78-2-38 Number 2, AMP Architecture on behalf of PETER S. TREIBER requests a Transfer of Wetland Permit #9893 from William A. Macomber & Jessica Sidlauskas to Peter S. Treiber, as issued on May 19, 2021 . Located: 4040 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-4 . Number 3, HOWARD & LISA KOFF request a Transfer of Wetland Permit #1684 from John Bertani to Howard & Lisa Koff, as issued on September 28, 1983 and Amended on April 24, 1986; and for an Administrative Amendment to Wetland Permit #1684 for the as-built "T" configuration of the 3 'x13 ' 8" ramp and 5 ' 11"x20 ' float, in lieu of the previously approved "I" configuration. Located: 1380 Oakwood Drive, Southold. SCTM# 1000-70-12-32 . Number 4, North Fork Pool Care on behalf of MICHAEL JOEL COLODNER & SARAH WINSOR COLODNER requests an Administrative Amendment to Wetland Permit 49047 for the as-built 18 'x47 ' upper patio in lieu of previously approved 25'x30 ' upper' patio; as-built 18 'x40 ' pool which includes hot tub in lieu of previously approved 16'x36' pool and 8 'x8 ' hot tub; exclude construction of previously approved low retaining wall. Located: 130 Willis Creek Drive, Mattituck. SCTM# 1000-115-17-17 . 8 Number 6, Robert I . Brown on behalf of FELICITY WOHLTMAN TRUST Requests an Administrative Amendment to Wetland Permit #9949 for the as-built 81x12 ' shed. Located: 705 Bay Shore Road, Greenport. SCTM# 1000-53-3-9 Number 7, Sean M. Walter, Esq. , on behalf of MARLENE J. Board of Trustees 10 February 15, 2023 RUTKIN, requests an Administrative Amendment to Wetland Permit #10149 to reduce the size of the pool to 161x30 ' and move the location of the pool fence to a closer perimeter around the pool; in lieu of previously approved 18 'x36'x8 ' deep pool; and to place "wings" on the easterly and westerly sides of the previously approved non-disturbance buffer, which will necessitate the relocation of the previously approved post and rail fence. Located: 800 Lakeside Drive North, Southold. SCTM# 1000-90-3-6 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 5, JOHN F. BETSCH requests an Administrative Amendment to Administrative Permit #7598A for one (1) additional 10 ' section of two-rung post rail fence, seaward of the existing, resulting in 34 feet of fence in total. Located: 2325 N. Sea Drive, Southold. SCTM# 1000-54-4-24 Trustee Peeples conducted a field inspection February 15th, 2023, noting that there was some concerns or questions regarding the property as far as the survey. So I will make a motion to table this application to get a proper survey and find the dimensions from the concrete marker seaward of the property line to seaward extension of the fence, to make sure this fence falls entirely within the applicant' s property. TRUSTEE PEEPLES : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . X. MOORINGS/STAKE & PULLEY SYSTEMS: Roman numeral X, Stakes and Pulley Systems, I ' ll make a motion to approve number 1 as submitted, FRANKLIN A. SCHOLL, JR. requests a Mooring Permit for a mooring in Deep Hole Creek for a 23' in-board boat, replacing Mooring #108 . Access : Private right-of-way TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . XI. PUBLIC HEARINGS TRUSTEE GOLDSMITH: Roman numeral XI, Public Hearings . At this time I 'll make a motion to go off our regular meeting agenda and enter into our public hearings . TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . This is a public hearing in the matter of the following applications for permits under the Wetlands Ordinance of the Board of Trustees 11 February 15, 2023 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. Five minutes or less if possible. AMENDMENTS: TRUSTEE GOLDSMITH: Under Amendments, number 1, ROBERT & MARYBETH POLKE request an Amendment to Wetland Permit #10035 for the as-built addition of approximately 100 cubic yards of topsoil along the seaward side and west side of the property in order to re-surface the damaged lawn after construction; topsoil graded out and area reseeded for lawn to match the grade of the existing lawn. Located: 1325 Lupton Point Road, Mattituck. SCTM# 1000-115-11-9 Trustee Goldsmith conducted a field inspection February 9th, 2023, noting it is a straightforward, minor project. The LWRP found this to be inconsistent. The inconsistency is the as-built action was constructed without a Board of Trustee review or permit. The Conservation Advisory Council resolved to support the application. Is there anyone here wishing to speak regarding this application? (No response) . Are there any questions or comments from the Board? (No response) . Hearing none, I 'll make a motion to close the hearing. TRUSTEE SEPENOSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL YES) . TRUSTEE GOLDSMITH: I ' ll make a motion to approve this application as submitted and thereby granting it a permit will bring it into consistency with the LWRP. TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI : Number 2, 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 This application was tabled from the prior month. In January the Board visited the site on the 11th and questioned height of the retaining walls . Most recently there was an inhouse review on the 9th of February, noted that we had received new plans and it had Board of Trustees 12 February 15, 2023 changed the height of the retaining calls . We received new plans stamped receive January 31st, 2023, showing two different levels of the retaining walls, thereby bringing down the total height on the property facing the waterfront. And it should be noted that I have a description, new description for the project, stamped received January 31st, 2023, also in the file. Is there anyone here that wishes to speak regarding this application? MR. BERGEN: Dave Bergen here on behalf of Martindale Realty. You pretty much summed up how we got here tonight already and so I 'm just here to answer any questions you might have. TRUSTEE KRUPSKI : Thank you. Is there anyone else that wishes to speak regarding this application, or any additional comments from the members of the Board? (Negative response) . Hearing none, I 'll make a motion to close the hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI : I make a motion to approve the application based on the new plans and project description stamped received by the office January 31st, 2023. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. BERGEN: Thank you, very much. TRUSTEE SEPENOSKI : Number 3, John D. Rosebery, Architect on behalf of ANDREA COURT PROPERTY HOLDINGS, LLC, c/o JOHN ZENK requests an Amendment to Wetland Permit #10042 for the demolition of existing one-story dwelling and construct new 60 'x48 ' irregular shaped two-story dwelling with garage under at elevation 6. 1 and first floor elevation at elevation 15. 1 in lieu of originally proposed elevation of 13.8; a 5. 5'x18 . 5 ' covered porch; proposed 571x20 ' seaward side irregular shaped, deck with a 101x30 ' swimming pool with 5' depth, and a 8 . 61x3' width deck stair at the rear entry to the dwelling; construct an 8 ' long by 18" high retaining wall along west side of seaward side deck extending from exterior basement wall to top of deck stairs; construct 7 ' long and 5' wide front entry stair; install 100 cubic yards of fill for the new I/A system; and to establish and perpetually maintain a 10 ' wide Non-Turf Buffer along the landward edge of the bulkhead. Located: 280 Cedar Point Drive E. , Southold. SCTM# 1000-90-2-14 . 1 The Trustees most recently visited the location on February 7th, 2023 . Trustee Peeples, as written in our visit, that the property is not staked. Note dimension of distance from bulkhead to proposed dwelling. Questioned height of retaining wall. Noted approximately four-foot discrepancy between setback house Board of Trustees 13 February 15, 2023 and previous location, previous applications compared to current location. And flagged trees to be removed during construction. The LWRP found this project to be consistent. And the Conservation Advisory Council resolved to support the application. I welcome comments from the public. MR. ROSEBERY: I 'm here to answer any questions you may have at this time. The retaining wall height for the sanitary system is approximately four feet. We really didn't change the setback from the bulkhead, what happened was we had a long discourse with the Building Department, revised the location of the house relative to the flood plain. The flood zone. We ended up shrinking the house and build the house to pull it out of the flood zone and make some adjustments to the side-yard setbacks . We have had about a nine months to a year process with the Building Department and -this is what the final answer has been. TRUSTEE SEPENOSKI : All right. Thank you, Mr. Rosebery. Is the wall four-foot throughout or is it four-foot only around the sanitary system proposed? MR. ROSEBERY: It' s four-foot at the house and then it will go down to approximately three feet as it goes away, as it moves to the north, and then it will go down slope and it will be eventually just a simple, it will be at grade. So, once it gets to within about ten feet of the sanitary system, then it slopes down to natural grade. TRUSTEE SEPENOSKI : Is that landward of the house? MR. ROSEBERY: Yes, it' s landward of the house. TRUSTEE SEPENOSKI : Can you speak to the number of trees or cedars that will be removed in the project? There is a beautiful line of cedars. MR. ROSEBERY: We are trying not to remove trees wherever possible, on the north side of the sanitary system. There will be a few trees removed. I apologize, I didn't look for that. Last year, I did flag out the trees that were flagged out blue, that were going to be affected by the, that would have to be removed to place the sanitary system in place. But it was about eight trees that had to be removed for that. At the time, about eight trees that had to be removed to accommodate the sanitary system. TRUSTEE SEPENOSKI : All right. One of the challenges with this, the way this project is, the distance is described from, it's from the wetland line and not from the bulkhead. Would you like to submit plans with the distances from the bulkhead so we have a fixed point? MR. ROSEBERY: The tidal wetlands is considered the bulkhead according to the mapping. So we have 75 feet from the tidal wetlands . The original house was 75 feet three. We have not, we were 95 feet from the freshwater wetlands to the north. I don't think that -- I think that is actually a little greater than it was before. DEC gave us a secondary approval six months ago on Board of Trustees 14 February 15, 2023 this. We actually got to go back to the DEC with this map and amend it again. (Board members reviewing plans) . TRUSTEE SEPENOSKI : Is there anyone else here to speak to the application, or comments from the Board? (Negative response) . TRUSTEE KRUPSKI : So just, the best practices of the Board typically are when we are removing a lot of trees for a project, especially native vegetation, we would like to see at minimum a one-to-one replacement on the property. MR. ROSEBERY: I don't think the owner is going to have a problem with that. He' s a landscaper. TRUSTEE KRUPSKI : Okay. And then the Board typically, and possibly some other members of the Board may want to speak to this, but we are really trying to reduce the height of retaining walls, however if the retaining wall is well within the property bounds and off the property line, I think we would just request that it be planted with native vegetation so as not to create a, you know, a castling effect. MR. ROSEBERY: Understood. I think on the south side we should get enough room to do some plantings to soften that wall. I, the only, we have to work hydraulically for the sanitary system, so we have to establish what the highest groundwater elevation is and work backwards from there. So we have to put the retaining walls in. There is no way around that. Even if we went to a leaching field or anything like that, we would end up putting in, you know, a system in that requires retaining walls because the groundwater is so high there. So that is not an issue. If that makes sense. TRUSTEE GOLDSMITH: But the high part, the height of the retaining wall we are talking is close to the driveway, right? MR. ROSEBERY: Yes, it' s close to the driveway. We are planting -- we are planting red bayberries at the top of the wall, there will be the driveway at the base of the wall. We are planting some red bayberries at the top of the wall and softening that appearance. TRUSTEE GOLDSMITH: What about the height of that other retaining wall closer to the -- MR. ROSEBERY: The retaining wall close to the property is line is about two-and-a-half feet, more or less. We will plant, we can plant, have planting at the top of that wall and at the bottom of that wall without any issue. TRUSTEE GOLDSMITH: Okay, thank you. MR. ROSEBERY: You're welcome. TRUSTEE SEPENOSKI : All right, is there anyone else who wishes to speak regarding this application? (No response) . Hearing no further comment, I make a motion to close this application. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 15 February 15, 2023 (ALL AYES) . TRUSTEE SEPENOSKI : I make a motion to approve this application subject to stipulation for replacement of trees cut during the project, one-to-one replacement, and stipulating one-to-one replacement of native trees, and a planting plan. MR. ROSEBERY: Okay. TRUSTEE SEPENOSKI : Planting plan indicating the location and concentration of plantings along the retaining walls . MR. ROSEBERY: Okay. Thank you. TRUSTEE SEPENOSKI : That's my motion. TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . WETLAND & COASTAL EROSION PERMITS: TRUSTEE GILLOOLY: Under Wetland & Coastal Erosion Permits . Number one, Jeffrey Patanjo on behalf of MICHAEL MASSA & ANDREW LANZARO requests a Wetland Permit and a Coastal Erosion Permit to remove and replace 76 linear feet of deteriorated bulkhead in same location as existing with a new vinyl bulkhead; and to raise the height of the new bulkhead 18" higher than existing bulkhead. Located: 2395 Bay Avenue, East Marion. SCTM# 1000-31-18-1 The Trustees visited the site on February 7th, 2023, noting straightforward. The LWRP reviewed this application and found to it be consistent. And the Conservation Advisory Council reviewed this application and resolved to support it, with a five-foot to seven foot non-turf buffer planted with native vegetation: Is there anyone here wishing to speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. On this site, same with the others, the neighboring properties, there is zero backyard. Putting in a non-turf buffer would be a little problematic unless we can do it out of a deck, you know, five, six-foot wide deck. It would be okay with that. TRUSTEE GILLOOLY: My understanding is this property is like all beach, pretty much. There is no grass or anything there. MR. PATANJO: Correct. TRUSTEE GILLOOLY: So if you are willing to just leave it as it is, that would be non-turf in our mind. MR. PATANJO: Okay. Accepted. TRUSTEE GILLOOLY: Is there anybody else here wishing to speak regarding this application? (Negative response) . Questions or comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE PEEPLES: Second. Board of Trustees 16 February 15, 2023 TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I make a motion to approve this application with the stipulation of maintaining the entire property as a non-turf buffer. _ TRUSTEE KRUPSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . WETLAND PERMITS: TRUSTEE PEEPLES : Under Wetland Permits, number 1, Jeffrey Patanjo on behalf of PETER SABAT requests a Wetland Permit to demolish existing single-story dwelling and deck with existing foundation to remain and construct a two-story dwelling with a 1, 778sq. ft. Footprint that includes a 21x22 ' landward addition; a 5.3 'x19.5' south addition; a 5'x12 ' front covered porch; a 14 'x19.5' screened porch on south side; existing sunroom to be removed and replaced with an 8 'x12 ' seaward side open porch; existing 12 'x16' wood deck to be removed and replaced with a 12 . 5'x14 ' irregularly shaped bluestone patio; existing 24 'x24 ' garage to be demolished and construct new 24 'x46' three-car garage with attached pool house, a 5.x14 ' roof overhang and 3. 8 'x7 . 7 ' outdoor shower; install a 16'x32 ' in-ground swimming pool and 8 'x6' spa; install an at-grade 50 'x33 ' (overall & irregular) bluestone patios; install a pool equipment area, associated pool backwash drywell and 4 ' high pool enclosure fencing; install two 3 'x3 ' a/c pads on north side of dwelling; abandon existing sanitary system and install a new low-nitrogen I/A style system landward of dwelling; install gutters to leaders to drywells to contain roof runoff; install silt fencing before and during construction until final stabilization is reached; and to install and perpetually maintain a 10 ' wide non-turf buffer with a 4 ' wide access path to dock along the landward edge of the wetlands. Located: 3000 Beebe Drive, Cutchogue. SCTM# 1000-103-3-17 . 1 The Trustees visited this property on February 7th and made the following notes : Stipulate trees to remain plus a 15-foot non-turf buffer. No removal of Baccharus . The LWRP coordinator found this proposal consistent with its policies, and noted retain existing vegetation to protect the wetland. The Conservation Advisory Council resolved to support this application. And I 'm in receipt of updated plans dated February 9th, that include the 15-foot requested non-turf buffer. So, thank you, very much, for that. Is there anyone else who wishes to speak in regard to this Application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant, if you have any questions . Board of Trustees 17 February 15, 2023 TRUSTEE PEEPLES: I believe this is fairly straightforward. Thank you for the updated plans . And then would you, would your client be in agreement to not remove any of the native Baccharus? MR. PATANJO: Yes, that' s added as a note on the plans. We did add that as well as the trees . TRUSTEE PEEPLES: Bear with me. I did not see that. MR. PATANJO: It should be on here somewhere. Unless I don't have the right set. I saw it on the e-mail. But you can condition it. TRUSTEE PEEPLES: I 'm not seeing it, but if you can point it out, that would be great, but otherwise I 'm fine to include that as a condition. MR. PATANJO: I can't find it. I thought he added it. I 'm looking at the wrong et of plans, that' s why. MS . PEEPLES: I 'm looking at the ones dated February 9th. MR. PATANJO: I don't have that plan with me. I could take a look, if you want. TRUSTEE PEEPLES: Feel free to approach if you would like. MR. PATANJO: (Perusing) Right here. I knew it was there. TRUSTEE PEEPLES: Okay, wonderful. And just a sidenote. The silt fence that is labeled on here is to be removed when the project is done. MR. PATANJO: Yes . TRUSTEE PEEPLES : It' s a fairly large silt fence indicated. So I wanted to be sure about that. MR. PATANJO: Absolutely. TRUSTEE PEEPLES: Okay, great. Any other questions or comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES : I make a motion to approve this application with the plans stamped and dated February 9th, and the additional condition in the project description of the 15-foot non-turf buffer and no removal of native existing Baccharus . That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 2, Jeffrey Patanjo on behalf of SAMUEL & REBECCA LISSNER requests a Wetland Permit and a Coastal Erosion Permit to remove an existing upper deck and associated steps at top of portion of bluff on east side of property; removal and replacement of a portion of existing steps at toe of bluff that are outside the property line with a new 4 'x4 ' landing, 4 'x12 ' steps and 4 'x4 ' landing to meet existing steps to beach after revetment is constructed beneath, with all decking to be untreated timber; for the existing 4 'x5.5' top landing to 41x12 ' steps to a 41x4 ' landing and 4 'x159' steps to Board of Trustees 18 February 15, 2023 new proposed landing at bottom; construct proposed 160 linear feet of rock revetment along existing bottom of bluff with no seaward projection beyond existing bottom of bluff; install 80 cubic yards of clean sand fill from upland sources; install un-treated timber terrace boards every 10 ' along bluff face and re-vegetated bluff with Cape American beach grass plugs placed 12" on-center for entire disruption limits . Located: 3925 Soundview Avenue, Southold. SCTM# 1000-94-3-1. 10 The Trustees conducted a field inspection February 7th, 2023. The notes say move the existing fence 15-foot vegetated non-turf buffer and revegetate the area where the deck was previously. The LWRP found this to be inconsistent and consistent. The inconsistency is the as-built structure was constructed without a Board of Review or permit. And the erosion control structure is recommend as consistent. The Conservation Advisory Council resolved to support the application with the removal of the top viewing deck and retractable steps at the base of the staircase. We are in receipt of new plans stamped received February 14th, 2023, that do show the 15-foot non-turf buffer. It does show the removal of that upper deck with that area to be revegetated. Is there anyone here wishing to speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. If you have any questions, I would be happy to answer them. TRUSTEE GOLDSMITH: The only question was the fence. I 'm not too sure by these plans, is that fence moved, removed? MR. PATANJO: Well, we did add the 15-foot wide non-turf buffer, so that should identify where the buffer actually line is, and moving the fence, is there really a purpose to move the fence if it's already indicated that we have a 15-foot wide, a condition to a 15-foot wide non-turf buffer? All the plantings would be removed. So if the fence is the middle or at the 15-foot line. TRUSTEE KRUPSKI : The issue with the fence is that it's right along the top of the bluff, so we don't allow fencing to be right along that way. So 15 feet, we are trying to meet in the middle there. But the other thing is that fence is largely rotting and falling down anyway, so it will have to be re-built just to continue serving its purpose. So it would just make sense to pull it back. MR. PATANJO: Okay. Can we condition that when the fence is rebuilt, it will be placed, any new fence would be placed 15-foot away from the top of the bluff? Chances are he' s probably going to remove it anyway. TRUSTEE KRUPSKI : Sure. TRUSTEE GOLDSMITH: Anyone else here wishing to speak regarding this application? (No response) . Board of Trustees 19 February 15, 2023 Are there any questions or comments from the Board? (Negative response) . Hearing none, I 'll make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I make a motion to approve this application with the new plans stamped received February 14, 2023, as well as the condition that the fence that is currently along the top of the bluff be removed or relocated to the landward side of the 15-foot, non-turf buffer. And new plans depicting such. And the deck that was built without a permit is going to be removed, thereby bringing it into consistency with the LWRP. TRUSTEE PEEPLES : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI : Number 3, Jeffrey Patanjo on behalf of THE RICHARD HEUS & PAMELA HEUS REVOCABLE TRUSTS requests a Wetland Permit to construct first floor additions and alterations to existing 1-1o� story dwelling consisting of a conversion of existing garage to a 15' 11"x22 '2'-�" living room addition; a 7 ' 10'x" x 22 ' 6" foyer addition; a 213"x713" master bathroom addition; a proposed 7 ' 101x" x 7 '7" covered front porch; and existing 15' 2"x24 '2" seaward side deck with steps to ground for a total of 3, 185sq. ft. gross floor area; install two 8 ' diameter by 5' deep roof drains to contain the existing and proposed roof runoff; and to install and perpetually maintain a 10 ' wide non-turf buffer area along the landward edge of top of bluff. Located: 615 South Drive, Mattituck. SCTM* 1000-106-11-22 The LWRP coordinator found this to be consistent. And the Conservation Advisory Council resolved to support the application, with an IA septic system. The Trustees most recently visited the property on the 7th of February, and noted that it was a straightforward application. And then discussed the addition of a non-turf buffer going down the bank and/or bluff. Is there anyone here that wishes to speak regarding this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. A new sanitary system is not required at this location, due to the project, there is no additional bedrooms and it doesn't fall under that jurisdiction to have one. So that' s the sanitary. And I thought we preemptively added a 15-foot wide non-turf buffer along the property line, along the top of the bluff line, assuming it was going to be asked of us. So I added one. I don't understand the comment regarding an additional non-turf buffer. TRUSTEE KRUPSKI : It' s possible it was misinterpreted in the plans . Give me one second. Board of Trustees 20 February 15, 2023 MR. PATANJO: Sure. I added in a 15-foot wide non-turf at the top of the bluff. TRUSTEE KRUPSKI : Yes, but where is it. TRUSTEE GOLDSMITH: On this side. 'TRUSTEE KRUPSKI : Oh, that's what it was. TRUSTEE GOLDSMITH: I believe the idea was there is the 15-foot delineated on the plans . Our idea was seaward of what you are proposing, that whole bank and everything, will also be part of the non-turf buffer. MR. PATANJO: As long as that doesn't preclude them from doing replacement stairs or adding stairs . TRUSTEE KRUPSKI : Normally when you are looking at a bank or a bluff on a property, it' s a little more vegetated. Here it' s currently a non-turf buffer in existence. We are not looking to make a change, we are just looking to, you know, put it on the plans and forever going forward. Because it' s not completely obvious that that area, I mean, you can put stairs through, but it shouldn't be turned into turf, certainly. MR. PATANJO: Right, right. And you want that identified on the revised plans? TRUSTEE KRUPSKI : I think just from your current line down to the water, you can just say "non-turf buffer area. " MR. PATANJO: Seaward. TRUSTEE KRUPSKI : Yes. Is there anyone here that wishes to speak regarding this application? (No response) . Or any 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) . TRUSTEE KRUPSKI : I make a motion to approve this application with new plans depicting a non-turf buffer from top of bank bluff area to water. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. PATANJO: Thank you. TRUSTEE SEPENOSKI : Number 4, J.M.O. Environmental Consulting on behalf of MARY ANNE KELLEY & DIANE C. McKENNA requests a Wetland Permit to remove existing dock and construct a new 3'x16' landward fixed ramp to a 4 'x60 ' fixed dock utilizing Thru-Flow decking; a 3 'x18 'adjustable ramp; and a 61x20 ' floating dock situated in a "T" configuration and secured by two piles . Located: 1775 Naugles Drive, Mattituck. SCTM# 1000-99-4-19 The Trustees reviewed this application on February 9th, 2023, conducting an inhouse review during our work session. The notes from that state that: Question access to the dock and Board of Trustees 21 February 15, 2023 potential to relocate dock to west side of property. It' s also an additional note here on 2/12/2023, stating no access to dock should be applied for as one application. Also, condition clean-up of property. Large amount of trash and debris existing. I would like to note that the Local Waterfront - Revitalizati-on Program found that this project was inconsistent with its policies. Questions here have to do with the nature of the structure being unpermitted, and questioning if the structure was constructed within its standards of construction. How long is the unpermitted dock lies further encroachment into public waters proposed. How will the vessel be on the end of the dock. Will the dock disrupt tidal flow. And if the action is approved, the dock may extend past the pier line on a curve and should shortened in this narrow navigable water section of Mattituck Creek. The Conservation Advisory Council has written in support of the application. I welcome comments from the public. MR. JUST: Good evening, Glenn Just, agent for the applicant. What in fact is the Board looking, for? TRUSTEE SEPENOSKI : I think we discussed that upon comments from Trustees in the field and during our work session, that would make sense to either shift the dock further inside sort of cove, so the boat would not pose a navigation hazard. But at the very least it needs to be an application including a four-foot wide access path to the existing dock and stairs . MR. JUST: The access path, though, I don't understand the relocation of the dock. It' s been there for quite a few years . It' s not getting any larger than it was . It' s not going to impede into the, past the pier line. By moving it further west it will cause more destruction to the wetlands . I mean, it' s just the path. We have the depth, I think we have the distance, you know, across the creek, it's 245 feet. You know, we are less than 15% the width of the creek, and it' s just a matter of trying to get permission to replace what was there. TRUSTEE SEPENOSKI : All right, so you make some valid points . What about the addition of a set of stairs and a four-foot wide access path indicated on the plans showing where it would lead through that upland marsh area. MR. JUST: I could show an access path, and stairs, you mean from the float to the house? MEMBER SEPENOSKI : Because there is an existing set of stairs there that I hope you didn't try to walk on when you were there. TRUSTEE SEPENOSKI : I didn't have to. Trustees Krupski and Gillooly did. MR. JUST: I could say, I could note on the plans that the stairs could to be rebuilt. But what is, the property has been in a family dispute for over 30 years . They finally come to an agreement, they want to sell the property. And everyone is telling him he' s got to try to legalize that dock. I 've gone Board of Trustees 22 February 15, 2023 through the Town records . Everything on that tax map in your records reflect to the property just to the, across the cove there. So I couldn't find any records whatsoever if that dock was previously approved. Only old photographs . So again, an access path, I could do. And stairs need to be rebuilt, but that' s up to future owners, you know, if it were to be reconstructed, stairs have to be constructed at that time. Something of that nature. I don't know. TRUSTEE GILLOOLY: Just to clarify some of the porous spots on this, the reason for stipulating the stairs is because there is currently no access, I mean we both walked down it, and it's quite dangerous to try to get down there now. So it makes sense that we see what the plan is for the stairway as part of this application. And I think that what we are looking at, we can see from this aerial view, it would be, first of all, that is not really a functioning dock at this point. It has not been used for a long time. But it seems that it would be less environmentally impactful if you could go off north into that cove, because you would not have to go over as much marshland. That said, it is a lot of upland marsh and we, you know, we do understand that they might not wish to change locations, but that is the basis for why we are asking about that. MR. JUST: I think the shortest distance to the tidal wetlands line is just seaward of the dock there, if you look at the survey. It' s like 16 feet from the end of the old landward ramp to the edge of the tidal wetlands ramp, if my memory serves me correct. TRUSTEE KRUPSKI : I guess the question is the ownership of that finger going in landward there, to the north. Because you would not be traversing any wetland if the dock went in there. MR. JUST: Where is that, Nick? TRUSTEE KRUPSKI : The applicant would need dredging to put something in there, but, I mean, that' s the ideal place for a dock. MR. JUST: Where are you seeing that? TRUSTEE KRUPSKI : Within that finger that cuts in there, alongside the property. MR. JUST: Can you put the pointer on it? TRUSTEE GOLDSMITH: The cove, right there. MR. JUST: I don't know if we' ll have the depth. TRUSTEE KRUPSKI : No, you would not have the depth. It would require dredging. But that would be the place to locate a dock on the property. MR. JUST: Historically that' s where it' s been for, again -- TRUSTEE KRUPSKI : I 'm not arguing that point with you at all . MR. JUST: But I ,don't think doing the additional dredging, what's the environmental impact with that? You're moving the dock, dredging and instead of just reconstructing that dock, you know. By way of option. TRUSTEE GILLOOLY: I think the other consideration is that it' s sort of in a tight area of the creek there. So that would Board of Trustees 23 February 15, 2023 improve navigability for other boaters in that area. MR. JUST: If you look at the dock to the right, it' s not going to stick out any further. And there is a whole big marina down the canal, down the creek. I have been trying to .be very careful with these things since this pier line issues have come up, and I thought this would fall right into the criteria of what you folks wanted. TRUSTEE SEPENOSKI : So the question for us, this Board, it begins with the dock doesn't exist because it' s an unpermitted structure. I know in reality we look at it, Mr. Just, as a dock that exists, historically there, but as an unpermitted structure and with the comments from the LWRP, we have to weigh the considerations of legalizing the structure as it is . And as I see it, the dock doesn't pose a great hazard to navigability. I don't foresee a float being added to this dock, to rather remain in a fixed-state position. It' s also not a functional dock at the moment. So it would have to be -- so for me, as one Trustee, and the other Board members can weigh in on the matter, this is about cleaning up the property along the bank, the upland marsh and along the wetland edge, as part of the condition of the permit. This would be -- MR. JUST: I could see cleaning up the marsh. I mean, there' s canoes in there, there' s floats in there. All kinds of crap. Excuse my language. TRUSTEE SEPENOSKI : That' s a technical term. MR. JUST: I found three fishing lures. You know I 'm a big fisherman. There' s all kinds of stuff in there. TRUSTEE KRUPSKI : To that point, I mean, those fill up with maritime garbage. That' s noted. But I also observed on this property when they were done with the old wood burning stove in their kitchen, they just push it down their back door down the bluff. And I think I counted two or three toilets and ten tires . So they are not all floating in. So that' s a lot. There is quite a bit there. And more glass than, I mean, it didn't, that didn't float in. MR. JUST: All kind of interesting stuff up there. TRUSTEE SEPENOSKI : Yes, the Board usually calls it, it' s a creek if there is the absence of a tire in the wetland area, at which point it becomes a crick. So you want avoid the crick. MR. JUST: How about if you e-mail me the LWRP comments so I can address them. I didn't see them before tonight. Which would be nice to have before the meeting. TRUSTEE SEPENOSKI : I agree. Sometimes he makes determinations late in the process . I understand the frustrations . MR. JUST: Just e-mail me all those comments and I ' ll address them one at a time. This is just how I look at the project. I 'm just asking you put it on hold until I get to address it. TRUSTEE SEPENOSKI : Sure thing. MR. JUST: Thank you. TRUSTEE SEPENOSKI : Any other comments from the public or members Board of Trustees 24 February 15, 2023 of the Board? (Negative response) . Hearing none, I make a motion though table the application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 5, 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 The Trustees most recently did an inhouse review on February 9th, noting the pavers must be installed in accordance with specifications, and drainage layer must be set into clean sand and gravel as shown on the test hole, which is reflecting the notes that were received from the Town engineer regarding the hydroPAVERS. THE LWRP reviewed this application and found it to be inconsistent. The proposed construction is located within a FEMA VE flood zone, and increased development on the lot further seaward is not supported. Structures within these areas are subject to tidal surges during storms, including hurricanes . And the Conservation Advisory Council reviewed this application and supports it with a pool enclosure fence. Welcome any comments from the public. MS. MOORE: Patricia Moore, on behalf of the Kaplans . Thank you, we were at the field inspection together, I did send the specifications to the town engineer, he reviewed it. Yes, the installation is going to be very carefully done. It' s going to be done by a professional, and they are specifications that they have to follow. So we are confident that they are going to do it correctly. You had a question regarding an entrance to the basement. I think Trustee Peeples had a question out in the field, and I dropped off on the 13th of January, a cross-section to show what is used, it' s really a storm barrier -- TRUSTEE PEEPLES : Right, I remember that. MS. MOORE: If there is a hurricane or something that they can protect the lower floor of the existing house. Aside from that, we did place the structure at more than 75 Board of Trustees 25 February 15, 2023 feet from the wetlands in order to follow the Trustees ' standards . So I 'm here to answer any other questions, but I know you have been there at least once, if not twice, so. TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak regarding this application? (Negative response) . Any other questions or comments from the Board? (No response) . Hearing none, I ' ll make a motion to close this hearing. TRUSTEE SEPENOSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: With the Town Engineer' s opinion about the permeability of the proposed patio, this mitigates the concerns of the additional structure, thereby bringing it into consistency with the LWRP. As such, I make a motion to approve this application as submitted, with plans stamped received in our office on December 5th, 2022 . TRUSTEE PEEPLES : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: Number 6, CHARLES DISAPIO & XANNE PEREZ requests a Wetland Permit for the as-built in-place removal and replacement of existing 45' long by 8 ' high concrete block retaining wall; and to remove five (5) dead trees on the property. Located: 5780 New Suffolk Avenue, Mattituck. SCTM# 1000-115-10-7 The Trustees most recently visited this site on February 7th, and made the following notes : Non-turf buffer required from wall to edge of steps. Potential tree replacement. The LWRP finds this application to be inconsistent with Policy 6.3 . Within 6.3 is protecting the source highland freshwater wetlands . A, comply with statutory and regulatory requirements of the Southold Town Board of Trustees Laws and Regulations for all Andros Patent and other lands under their jurisdiction. Number one, comply with Trustee regulations and recommendations as set forth in Trustee permit conditions . And an additional note, the as-built structure was constructed without a Board of Trustee review or permit. The Conservation Advisory Council resolved to support this application with the notes that -- they support the application with the condition that the five dead trees are removed and replaced with trees deemed approved by an arborist. And I 'm in receipt of plans stamped and dated December 21st, 2022 . Is there ,anyone who wishes to speak in regard to this Board of Trustees 26 February 15, 2023 application? MR. DISAPIO: I 'm Charles DiSapio, I 'm the owner of the property. I think I made my intentions clear to all of you when you visited the site, and I 'll do whatever needs to be done to conform to your requests. The replanting of the trees, the dead trees, are between that garage structure and a, and the stream that runs through the property. I don't know if you want me to plant trees there. It will be very disruptive. It' s very close to the water. In fact a lot of those trees are already leaning into the water. I will replant trees in other areas of the property, if you would like, but I don't agree that they should be planted at that location. TRUSTEE PEEPLES: I think replanting it on the property and in another location would be agreeable. And during our conversations onsite you were very clear about how you wanted to do what was best for the property and the wetland that borders your property. MR. DISAPIO: I appreciate you understanding that. TRUSTEE PEEPLES: Yes. Thank you. And then we spoke about the trees . The comment about the non-turf buffer, so that would basically be located landward of your new retaining wall once you construct that. And there are a couple of reasons for that. One is -- MR. DISAPIO: Can you repeat that, please. I didn't understand. TRUSTEE PEEPLES: You are applying to reconstruct the retaining walls . MR. DISAPIO: Correct. TRUSTEE PEEPLES: It may be helpful to look at the image here. So there are steps that are going down because of the grade change. And there is an area created by the stairs and that retaining wall. Landward of that retaining wall. MR. DISAPIO: Okay, I understand that. TRUSTEE PEEPLES: And there' s sort of a rectangular area, if you will, and typically this Board requests a non-turf buffer. And a couple of reasons, one is any sort of runoff that might occur from your yard, your lawn, has a place to sort of kind of seep into the soil as opposed to running down the wall. MR. DISAPIO: So plantings along that area, rectangular area. TRUSTEE PEEPLES : Yes. Exactly. And I think a vegetated non-buffer buffer in this case would be beneficial as well. MR. DISAPIO: I don't know what that is, other than plants . TRUSTEE PEEPLES: Plants . Exactly. A non-turf buffer could be gravel or sand or, you know, some other material like that. But in this case, the restructure of the vegetation -- MR. DISAPIO: We had planned to do plantings along there anyway, so, yes . TRUSTEE PEEPLES: Fantastic. So you would be agreeable to that. MR. DISAPIO: Yes . TRUSTEE PEEPLES: Okay, sounds good. Is there anyone else who wishes to speak, any other questions or comments from the Board? Board of Trustees 27 February 15, 2023 (No 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 dated December 21st, 2022, with the stipulation that the trees are replaced with native hardwoods elsewhere on the property, and also condition a ten-foot non-turf vegetated buffer. And by granting the permit for this application, that will bring it into consistency with the LWRP. That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. DISAPIO: Okay. What is the follow-up on this now? I know what I have to do but what is the follow-up. TRUSTEE KRUPSKI : Just contact the office and we can help you out with that. MR. DISAPIO: Very good. Thank you. TRUSTEE PEEPLES: Thank you, have a good evening. TRUSTEE GOLDSMITH: Number 7, 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 The Trustees conducted a field inspection February 7th, 2023. It. was an inhouse review where we requested the pier line be shown, pier line be shown on the plans . We are in receipt of new plans stamped received February 10th, 2023, as well as a new project description. The LWRP found this to be inconsistent. The inconsistency is the applicant fails to prove that the actions meet the following requirements as outlined in Chapter 275-11, Construction Operation Standards (c) (2) (d) of Southold Town Code. Whether dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, water skiing and other water-dependent activities; whether the dock will cause degradation of surface water quality and natural resources; whether the cumulative impact in a residential and commercial docks would change the waterway or the environment, and whether alternatives, design, construction and location of the dock will minimize cumulative impacts . The Conservation Advisory Council resolved to support the application with the condition of the lighting is Dark Skies compliant; the catwalk is constructed using through-flow decking, and the docking facility does not extend out seaward Board of Trustees 28 February 15, 2023 beyond the neighboring docks . Is there anyone here wishing to speak regarding this application? MR. ROSHON: Yes . Tyler Roshon, En-Consultants, on behalf of the applicant. So, just to refresh your memory, we opened this application seeking approval for a new dock on the subject property consisting of a fixed timber catwalk down to a ramp and float. Through the Board' s feedback, the proposed float was pulled back so its seaward edge did not exceed the pier line and is between the two neighboring docks . But in doing so we raised concerns about the depth of water beneath the float at low tide. So at the May 22 public hearing, the discussion was moved to the alternative of a fixed stepdown platform instead of a float. That hearing was tabled in order for us to secure DEC approval for the revised design, which as of February 6th, 2023, we received, and that is for a 4x85 fixed timber catwalk with open-grate decking, which steps down to a 4x16 fixed L-shaped platform. TRUSTEE GOLDSMITH: Thank you. 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 close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I 'll make a motion to approve this application with the new plans stamped received February 10th, 2023, as well as new project description which reads as follows: Remove existing wood platform, walk and steps; and construct a fixed timber dock with water and electric, consisting of 4 'x85' fixed timber catwalk, constructed with open-grate decking, with two 41x6' steps, and a 41x16' fixed "L" shaped stepdown platform with ladder, all as depicted on the project plans prepared by En-Consultants, last dated January 25th, 2023, and that we brought this dock within the pier line -- that En-Consultants last dated January 25th, 2023, and stamped approved by this Board February 10th, 2023, stamped received. And bringing the new dock within 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. ROSHON: Thank you, very much. TRUSTEE KRUPSKI : Number 8, Joan Chambers on behalf of KONSTANTINOS D. KATSIRIS & JULIA MELINDA ORLIE KATSIRIS requests an Amendment to Wetland Permit #10122 for the as-built Board of Trustees 29 February 15, 2023 demolition of existing dwelling (project meets Town Code definition of demolition) and construct a new single-story 2,223.5sq. ft. dwelling that includes a 341sq. ft. one-story addition on north (landward) side; a 45sq. ft. extension on the north (landward) side attached unheated one-car garage; a 16" extension on the south (seaward) side living room wall; as-built 870sq. ft. Renovation of basement along with an additional 357sq. ft. of interior basement living space with no expansion of existing foundation walls; as-built 4 ' 0"x11 ' 8" masonry wall egress out of basement; construct a 17 ' 4"x4 ' 0" (69sq. ft. ) balcony on south (seaward) side; construct a 12 ' 0"x10 ' 0" (120sq. ft. ) wood framed, ground level deck on south (seaward) side; construct a 6' 4"x16' 0" front entry masonry stoop; pump and remove existing septic system and install a new I/A Waste System on the landward side of dwelling; and to install gutters to leaders to drywells to contain roof runoff. Located: 400 Lakeside Drive, Southold. SCTM# 1000-90-3-3 The Trustees most recently visited the site on the 7th of February, and noted that it is largely a straightforward application. The LWRP coordinator found this to be inconsistent. The inconsistency is that the as-built structure is constructed without Board of Trustee review or permit. And that it is recommended that the Board establish a vegetated buffer with existing vegetation to protect the wetlands . The Conservation Advisory Council resolves to support the application, and it should be noted that during work session, the Board discussed the non-turf buffer, and there was one on the prior permit, so that' s something we would just want to see on this existing permit as well. Is there anyone here who wishes to speak regarding this application? MS. CHAMBERS : Joan Chambers, Southold, New York, here to answer any questions. I just want to make it, I 'm sure you are aware of the fact we did have a permit for this work and this house was permitted, but it was declared a demo by the Building Department after the first framing inspection because we moved a wall in the basement. So therefore it was deemed a demo. So we are back to get an amendment, but actually not one piece of that house varied from the permit you have already issued. As far as the exterior foundations, exterior walls . It was interior partitions were removed that triggered the demo description by the Building Department. And that' s why we are back here. Also we did change one, you know, we changed the roof line on one of these, but still with the existing exterior walls, and we also added a much bigger window well upon the landward side of the house because we needed to put an egress window in the basement. So that' s really the only thing we did that sort of disturbed or changed from the original permit. And I 've already done the application for the covenant, for the setback from the previous permit. I Board of Trustees 30 February 15, 2023 just haven't filed it yet. As soon as I do, I ' ll bring that paperwork in. TRUSTEE KRUPSKI : Okay. If you can just bring a new printout of this plan, just showing it, so it' s all consistent going through, because that is something we could do subject to. All right? MS. CHAMBERS: All right. TRUSTEE KRUPSKI : Is there anyone else here wishing to speak regarding this application, or any comments from the Board? TRUSTEE GILLOOLY: Just the addition of the I/A system I think will overall be a great benefit for this property. MS. CHAMBERS: Exactly. We had that application in and approved when we came for the previous Trustees permit, but you were not really reviewing it because it was out of the 100-foot setback, but it's all ready to go and approved by the Building Department and Board of Health, okay? TRUSTEE KRUPSKI : Great. MS. CHAMBERS: Thank you. TRUSTEE KRUPSKI : Hearing no further 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 subject to new plans depicting a 15-foot non-turf buffer, thereby bringing this into consistency with the LWRP coordinator. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES) . MS. CHAMBERS : Thank you. TRUSTEE SEPENOSKI : Number 9, McCarthy Management, Inc. on behalf of LAWRENCE & IRENE SCAVELLI requests a Wetland Permit for the existing 2,250sq. ft. Dwelling with attached garage; construct a second-story cantilevered addition onto dwelling; construct a 30sq. ft. covered un-enclosed front porch with foundation; install two (2) new footings below an existing 353sq. ft. seaward side deck and re-deck with new synthetic decking; construct a 350sq. ft. first floor deck roof over existing seaward side deck; construct a 40sq. ft. second story balcony; removal of a 201sq. ft. seaward side deck and install steps from sunroom to grade; abandon existing septic system and install a new S .C.H.D. approved I/A Nitrogen Reducing Septic System landward of dwelling. Located: 1010 Maple Lane, Greenport. SCTM# 1000-35-5-27 The Trustees most recently visited this site on the 7th of February, 2023 . Notes from that visit read: Review plans in greater detail. Work session. Concern with second-story construction, second-story cantilevered addition covering lower deck extends beyond adjacent primary structure. Board of Trustees 31 February 15, 2023 The LWRP found the project to be consistent with its policies . The Conservation Advisory Council however resolved not to support the application. The reason it is giving is due to the lot coverage exceeding 200, the Conservation Advisory Council requests additional information with regard to the depth of the new basement in proximity to the ground water. Is there anyone here wishing to speak regarding this application? MR. SCAVELLI : Lawrence and Irene Scavelli . We are owners . I have just a quick overview of what we are going through here to explain our interest in improving our home. As a quick overview, you know, we are excited to do this . We are requesting this wetland permit for the project, and it' s really a small house. It' s currently a three-bedroom home. We have reduced our drawing size to stay within the building square footage, and overall we are really proposing a second-floor addition over the existing footprint of the house. We shrunk it, we've done everything possible to keep the building square footage to the right number. There is a small portico in front. We made that very small, just to shed the water over the front door. And in the back we are asking for this, proposing for a covered awning. And which is an enhancement to the property. You know, kind of done beautifully and it would be important to us to be able to have that. We have an elderly member of the family, stays with us, we have all the associate things as far as entertaining, and we feel it would be very important for us to have. And most of the houses that we have on adjacent properties are quite big and large. We happen to be one of the smallest houses in the development. And adjoining properties are enormous compared to what we have, even after we are done with the project. So we would like to have the permissions to do this, and we have been doing this for quite some time, satisfying the Department of Building, and of course satisfying the Board of Trustees and getting the Wetland application done. We are trying to best we can to make compromises to get this permit to happen so we can move forward, which really we are trying to transition or life from Nassau County, to be permanent residents here. And this is really truly 100% holding us up between our personal situations at home and moving our life forward. So to have this property, we don't want to do an ongoing construction project. We would like to be able to have this permit in place so that we are able to transition from Nassau into Greenport, get nestled and be done with this construction thing. Our property is manicured, I know you guys were there. Um, we are also, we have, we are constantly maintaining, we have a Board of Trustees 32 February 15, 2023 turf buffer, we have all the amenities that you would ever want in a small little, quaint little house. We just need some living space. So in closing, that is truly what we are trying to do, and we are keeping it as a farmhouse look. It nestles right into the neighborhood. We are not looking for spires and, you know, LED lighting all over the place. My wife and I have been really, really doing our diligence to work with our construction and expediter to give the Town of Southold Department of Buildings and the Board everything they want. We have' an architect, you know, constantly, constantly working on this, and don't know how much more we can do. MS. SCAVELLI : Yes, we've altered our plans probably 18 times. MR. SCAVELLI : 18 revisions. MS. SCAVELLI : We wanted to make sure it's to code of Southold. We want to be of code. We want to do the right thing for the Town, and we, and if you have any questions about it, you know, we are here to answer any questions. MR. SCAVELLI : It' s a small house, it' s not. TRUSTEE SEPENOSKI : Thank you, for that context. We appreciate the efforts you are going through to make the house compliant with code and in character with the surrounding community. And when visited in the field, um, I for one didn't have a problem with the project. And the other Trustees, it' s my understanding, didn't either. There was, however, one small aspect of the project that we collectively focused on, which was the overhead, the covering of the new roof as it' s labeled here, new roof over existing wood deck. Currently it kind of juts out like a trapezoid over the current deck. MR. SCAVELLI : That footprint is what you see there. MS. SCAVELLI : It should stay in the same frame line as the deck. It won't be bigger than the deck. Exactly the same. MR. SCAVELLI : As the bird flies. TRUSTEE SEPENOSKI : We propose a small change here, just to keep the covering that goes over the deck in line with the face of the house. And the reason we propose this small change to the overhang on the deck is because we are starting to see more and more applications where the people extend their decks and their coverings, beyond the pier line, and it' s very ease for them to close those coverings up with glass and other kinds of materials, thereby extending their house beyond the pier line in front of their neighbors . So to avoid that incremental creep we would ask that you simply extend the roof line over your deck in line with the current phase of the house. Does that make sense? MR. SCAVELLI : If I understand you correctly, and I think I do, take the glass panel doors and you want to just make like a square overhang. Is that what you are suggesting? TRUSTEE SEPENOSKI : Yes. TRUSTEE GOLDSMITH: Trustee Sepenoski mentioned about the pier Board of Trustees 33 February 15, 2023 lines. What that means is you have the neighboring living structures on either side of your house, what we do is draw a line between the most seaward part of those neighboring structures, and we don't want anything new that you construct to be seaward of that line. So you just have that one little trapezoidal area, so you already have a living structure, you are already a little bit in front of your neighbors in regards to the pier line, so we just don't want to see you go any further seaward than what is existing. So if you can square it off with what those glass panels are, I think that would address our concerns . TRUSTEE SEPENOSKI : Just the roof overhang. I can show you on the plans if you want to approach and see what I 'm talking about. MR. SCAVELLI : Sorry? TRUSTEE SEPENOSKI : I can show you on the plans . MR. SCAVELLI : I got a good snapshot. Because we are 18 revisions deep. TRUSTEE SEPENOSKI : See the deck here, extends over. Just put the deck overhang like this . MR. SCAVELLI: And that' s because of adjoining properties and line of sight, you are saying? TRUSTEE SEPENOSKI : Yes, we are looking at this part of, if it extends out like you are proposing currently, it looks like part of the primary structure. MR. SCAVELLI : So even that being considered. Even though the backyard is kind of curved, you know, so people really are not sitting adjacent, as I think you are explaining, but we have a curve to that. So everybody has a parabolic kind of view, which we took into consideration when we were trying to get that deck most usable. And the sun comes down in the summer and it just blasts us . MS. SCAVELLI : Well, when we did purchase the home, they had a roll-out awning. And what happened is its high wind. And that' s why we proposed this roof. Because several times, um, that awning was damaged by high winds and we had to actually collapse it and ready to take it off, because of the damage by high winds. That' s why we proposed the roof, honestly, and that was one of the main reasons we are proposing the roof overhead. MR. SCAVELLI : And what Irene is saying is 100% part of it. We also get in the entertaining months, you know, the summer months, we are getting absolutely blasted with sun. So quite honestly without that deck being a little bit forward, it' s kind of not really doing what we are painful trying to get. Because that sun is just ripping. We can't sit back there. We can't. We are doing all this work and we are going to get blasted anyway, what, to put a patio umbrella in front of it? You know? And then how is that going to look, you know? We really thought this out, and I 'm not trying to be argumentative. I 'm just trying to surface, you know, what we've Board of Trustees 34 February 15, 2023 been through so many times . MS . SCAVELLI : Also for esthetic, I didn't think that would look as good not going to the corner, esthetically, if you look at the house, and of course that' s part of the plan to make it pleasing for other people to look at, and just putting that roof halfway across, we have like we made a mistake, like something is wrong with that deck. That' s how I see it, personally. MR. SCAVELLI : And that picture kind of represents what we are trying to say about line of site and stuff. And it' s a parabolic view that is completely no obstruction to an adjoining either way. Either left or right of us. And we gave this a lot of architectural, I mean, thought. And I thought we were so conscious of our neighbors, we don't have any high bushes . TRUSTEE KRUPSKI : I mean, I guess there' s two options . I mean, you could bring us back plans that illustrate the existing living space pier line or overhang pier line between your immediately adjacent neighbors, and draw a straight line, you know, living structure to living structure, across, and if the overhang falls within that, you would be okay. But otherwise this Board has nearly a decade of precedence, to the point where we had other applicants move things back six inches to fall within that pier line. That is just something this Board has practiced for a long time. And for good reason, quite frankly. And I can appreciate what you folks are trying to do, and I really appreciate the impact of the sun and the shade and what you are trying to accomplish. But that is something this Board has not caved on in over a decade. TRUSTEE GOLDSMITH: See, if you drew the line, so what' s existing, you know, you are already in front. We are just not going to allow anything new to exceed that. So if it could stay behind that line as depicted on the screen then it falls within our code and we would be okay. TRUSTEE PEEPLES: And in fact, the stairs are not so much the issue. So if you wanted to retain the shape of those stairs, we would just request that the overhang falls within that pier line. And it' s the overhang that gets squared off. MR. SCAVELLI : Right. And that' s what I 'm understanding now, is the steps are not part of the overhang. We are not covering that with the thing. TRUSTEE KRUPSKI : Can you go to the microphone so the stenographer and the record can hear. Thank you. MR. SCAVELLI : The line of delineation line there is really what we are talking about as far as the angle. We are not going to be building anything on top of or in front of the stairs . That' s not happening. What we are trying to do is get the most out of it because we some trial and error with a pole to watch where the sun comes in, and once again, I support your Board and I thank you for listening to me multiple times, is that sun is just, why even build this thing without that extra three-and-a-half feet that is coming out. Because it' s, and put Board of Trustees 35 February 15, 2023 a table there, what am I going to do, have my 89-year old mother sitting in the back and getting cooked? Like, you know. TRUSTEE GOLDSMITH: Again, what we are talking about and what we are referring to is livable structure. So if you want to leave that uncovered deck, patio, the stairs, whatever it is, that essentially could be further seaward than the pier line. Livable structure cannot. Yes, or overhang. MR. SCAVELLI : So what is the conclusion on what you need from us? TRUSTEE SEPENOSKI : I would be okay with plans amended depicting the overhang not to exceed the pier line of the adjacent living structures. MR. SCAVELLI : Okay. Kind of something architecturally showing what you have there. TRUSTEE GOLDSMITH: Basically in line with the existing roof structure. MS. SCAVELLI : So if we do put the permit roof on it, it should be in line with the existing, I guess, room, and that would be something you would approve. TRUSTEE GOLDSMITH: It would be something we would consider. I can't tell you whether we would approve it or not. MS. SCAVELLI: Approve it. Okay. So we would have to resubmit the plans with that information. TRUSTEE GOLDSMITH: Yes, ma'am MR. SCAVELLI : Thank you, for the extended time to talk. It' s very important to us we can make a compromise. And you did go to the property, you seen everything, right? TRUSTEE GOLDSMITH: Yes. MS. SCAVELLI : Anything else that we can -- MS. HULSE: Only one person can talk at a time. TRUSTEE SEPENOSKI : Okay, so is it your wish to review the plans with your architect and resubmit new plans to our office? In other words it' s your request to table the application, postpone it until next month's hearing. MR. SCAVELLI : That' s what we' ll do, sure. Thank you, for your extended time. TRUSTEE KRUPSKI : Thank you. TRUSTEE SEPENOSKI : Any other members of the Board wish to comment? (Negative response) . Hearing no further comment, I ' ll make a motion to table the application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . Number 10, Cole Environmental Services on behalf of CHRISTOPHER & ELIZABETH AUSTIN requests a Wetland Permit. And I 'm going to read the new description into the record. Please bear with me. It' s a little bit lengthy. So they request a Wetland permit for the existing house, Board of Trustees 36 February 15, 2023 foundation and shed to be removed; proposed two-story ±39. 5'x±65' irregular house to be constructed with ±15. 8 'x±7 .7 ' front porch; a ±30 . 6'x±22 . 5' attached garage and pervious driveway; ±5' 3"x±18 ' second-story rear balcony to extend over ±22.5'x±65' irregular rear deck; additional ±5'x±22 . 7 ' area of deck to be covered; ±14 'x±28 ' pool to be installed. Pool to be ±8 ' deep. Pool and deck to be elevation 9. 5. Stairs from deck to be ±5'x±6' and have pool safety gate; pool to be connected to drywell as noted on plans; native vegetation to be planted along seaward side of pool and deck; Front yard to be regraded within retaining walls; ±105' retaining wall to be installed ±4 ' off western property line, perpendicular to the street; area between retaining wall and property line to be vegetated; top of retaining wall to be ±4 .2 ' at seaward terminus; ±100 ' retaining wall to be installed along eastern property line. ±20 ' retaining wall to run parallel to street and connect with house as shown with stairs for access to rear yard; top of retaining wall not to exceed 18" above grade; bottom of retaining wall to be ±5.2 ' . Native vegetation to be planted along seaward side of retaining walls running parallel to street; ±380 cubic yards of clean fill to be used; rain garden to be installed by terminus of western retaining wall; 5'x50 ' native vegetated buffer to be installed along western property line as shown; 51x65' native vegetated buffer to be installed along eastern property line as shown; I/A system to be installed in front yard; existing septic to be abandoned in accordance with SCDHS specifications; water and electric to connect to house; overhead electric to be removed for new underground electric; propane tank to be in front yard and connect to proposed house; AC units and house generator to be located next to garage on west side of garage; proposed Bilco doors to be located on west side of house along with pool equipment; Bilco doors to lead to crawl space; floor of crawl space to be at elevation 4 ' ; existing 10 ' non-turf buffer to remain. Located: 2200 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-5. 1 The Trustees most recently conducted an inhouse review on February 9th, reviewing the new plans that were submitted following our last public hearing, stamped received in our office February 6th, 2023 . The LWRP reviewed this application and found it to be consistent, with one note. The parcel is located within FEMA flood zone AE elevation 6. The structure should be minimized, the setbacks maximized in hazard areas . Sorry, there were four notes. Number two, where the existing sanitary system and new sanitary system located, question mark. Number three, minimize turf adjacent to the wetlands . Number four, require that non-turf buffer be vegetated with native vegetation to further Policy 6. The Conservation Advisory Council reviewed this application and resolved to support. Board of Trustees 37 February 15, 2023 Is there anyone here wishing to speak regarding this application? MR. COLE: Chris Cole, Cole Environmental Services, on behalf of applicant Chris Austin. Although the description is lengthy, this is basically taking down an old house, moving a house back further behind the pier line, and adding a new garage, deck and pool . Since the last public hearing we discussed the deck and porch. We changed the porch to a deck to allow water to come underneath it and not push it to adjacent properties . We switched the pool orientation and nestled it into the now new deck to be behind the highest point of the property, and to have a smaller face going to the water, to the creek. We are vegetating all retaining walls with native vegetation, including the deck retaining walls and pool. We have added a rain garden and vegetated buffers on both sides, with green infrastructure for bio-swales to capture water. And the current non-turf buffer that exists is gravel. We were going to be removing gravel and replacing that with native vegetation. And we have removed one of the retaining walls and added native vegetation on that side. We appreciate the Board's time on this project and leading us and discussing it with us, and we respectfully request an approval. TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak regarding this application? (No response) . Any questions from the Board? TRUSTEE PEEPLES: I wanted to just thank you for addressing the concerns about the deck and the area under the deck. What was not clear, and I just want to ensure that there will not be a solid wall there. The elevation kind of looks like that. I note from the foundation plans, if you can, the piles are visible there. But I just want to ensure that that will not have a solid surface. MR. COLE: No, it won't be solid. Do you need that noted on the plans or just clarification here? TRUSTEE PEEPLES: It would be helpful if you would not mind on the plans as well. MR. AUSTIN: Chris Austin, the owner. I just want to add that it's not going to be solid. We plan maybe to add some slatting behind the bushes, behind the plantings . Just to, I mean, I don't want people staring at me to look at the foundation of the house. It' s just something decorative. TRUSTEE PEEPLES: As one Trustee I would be comfortable with that. I just wanted to ensure that it would not be a solid surface wall, because that would in fact have a very similar effect to the water pooling on the adjacent properties that we were concerned with. So I for one would be agreeable with that. MR. AUSTIN: Understood. MR. COLE: A note of lasting on the plans . Board of Trustees 38 February 15, 2023 TRUSTEE GILLOOLY: One other comment just based on what you just said, that the foundation is only to exist underneath the house but there will be pilings underneath the deck; is that correct? MR. COLE: Yup. TRUSTEE PEEPLES: Going back to the, addressing the concerns of the sort of any water that might pool onto adjacent properties, I know that you've indicated a five-foot wide buffer on each side of the property. We were wondering if you would be agreeable to increase that to ten on each side. In addition, while we are talking about buffers, the non-turf that I believe you explained as vegetated, actually will have to be sand as well, kind of alternating, which seems fairly straightforward. And the question there, would you be agreeable to increasing that to 25. MR. COLE: To 25 feet? I think we have given considerable, you know, we have taken in the Board's consideration in every point throughout the project. I think 25 feet would be too large. The we have added on both sides, we are going to have trees along the western retaining walls, additionally. Um, do you have any thoughts, Chris? MR. AUSTIN: Again, Chris Austin, the owner. I think the only comment on that, you know, unfortunately because of the driveway, the sanitary system, the drywells, the propane tank and everything has to go on the street side. I do have two young children. The only area for them to play as they get older, soccer, baseball, run around, is that front yard. As we increase these buffers we take away their area, which defeats the purpose to build a family home. So I would like to keep the buffer as it is . I mean, no one in the community has a non-turf buffer going up the side of their property. This is something very unique to this property. As we have been round and round a couple of times . So I would like to keep the buffers kind of exactly how they are, as if nothing changed on the property. We would have a gravel buffer at ten feet, nothing on the sides, and water running from the street down into the creek. MR. COLE: And I would also like to note that we are just calling these non-turf buffers. We are designing them to be biologically diverse and putting different native plantings, grasses, shrubs . We aren't just putting mono-culture beach grass at the edge of the bulkhead. We are intending to have it be a native, biologically diverse, you know, buffer, that is helpful to the environment. TRUSTEE PEEPLES: Okay, thank you. TRUSTEE GOLDSMITH: I would just like to clarify one thing, that the neighbor immediately to the east does have a 50-foot non-disturbance buffer, so it' s not that a neighbor doesn't have a buffer going on the property line. He has a full 50-foot non-disturbance buffer, and you are proposing a ten-foot non-turf buffer. So I just want to point that out. Board of Trustees 39 February 15, 2023 TRUSTEE GILLOOLY: Right. And as you know, the non-disturbance buffer is much more restrictive than a non-turf buffer. Where you do have areas of sand in your non-turf, I believe your kids would be okay playing in that as well. Any further comments from the Board? (No response) . Hearing none, I make a motion to close this hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: With the new project description as read and with the stipulations of no solid wall under the deck, and new plans depicting that; side' yard non-turf buffer to be increased to ten-foot on each side; a 20-foot non-turf buffer on seaward edge of bulkhead; and cedar trees to remain, I make a motion to approve this application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. COLE: Thank you. TRUSTEE PEEPLES: Number 11, 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. Board of Trustees 40 February 15, 2023 Located: 1065 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-24 That is the description for now, and I 'll read the new project description later on. The Trustees most recently visited the site on February 7th, and noted we actually performed an inhouse review, the - - - - - — whole Board reviewed the plans to discuss further at work session. The most recent plans are stamped and received February 13th, 2023, along with an updated project description, received on the same date. And I 'll read that in just a moment. And we have the LWRP has proposed this application as consistent with the LWRP policies . They did note, number one, verify the FEMA flood zones on the parcel. 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, Cole Environmental Services, on behalf of the client. As per our last meeting, we have enlarged the non-turf buffer, we've called, we've made it clear on the plans, we've designated everything seaward of that to be non-disturbance buffer, and we have cut back the house to be behind the pier line. TRUSTEE PEEPLES : Yes, thank you for all the considerations . This project as well has gone through quite extensive review on the part of the applicant, yourself and this Board. You know, this is a fairly large home that is being proposed, and we feel that for a structure that is essentially a four-story house, that this sort of dialogue, if you are looking at it from the creek side it has about essentially a four-story appearance. We feel, or I personally feel as a Trustee that this sort of dialogue back and forth is appropriate for the proposal of a structure such as this . We do appreciate everything you have done. I do want to point out in particular on this plan, the blue shaded areas are noted non-disturbance, and I appreciate that you have indicated additional arrows because that is important to identify. You have also shaded in the area in sort of a peach color, that is the proposed non-turf buffer area that is essentially all of the area, seaward areas from the home. So thank you for that. That's very clearly noted. Is there anyone else here wishing to speak? (No response) . Are there any other questions or comments from the Board? (No response) . Actually, I need to read in the project description. I didn't want to freak you out with that. So the new project description: Proposed two-story irregular residence over existing foundation; residence to be ±30.2 'x±39' with a ±21 . 7 'x±15' Board of Trustees 41 February 15, 2023 two-story addition; ±25'x±28 .2 ' attached garage and pervious gravel driveway; existing driveway, asphalt area and walkways to be removed; front porch to be ±13.5'x±9.3' ; walkway to be installed leading from proposed driveway to front porch; stepping stones leading to rear patio to be spaced to allow for permeability; rear patio to be ±15'x±15' and on-grade; existing rear concrete walk to be removed; existing ±10'x±39' irregular rear deck to remain; outdoor kitchen to be installed on existing rear deck with adjacent ±10 'x±12 . 5' pavilion to be constructed over existing rear deck; existing ±5'x±8 ' outdoor shower on west side of house to be rebuilt over thru-flow decking with a catch basin underneath; I/A system to be installed; existing cesspool to be removed as per SCDHS standards; a ±4 ' wide permeable sand path to lead from rear deck to existing boardwalk; existing wood retaining walls to be replaced in like and kind as noted; retaining walls to be planted with native, non-fertilizer dependent vegetation to be established landward of the wetland line as shown in pink; area seaward of the wetland line to be a non-disturbance buffer as shown in light blue; any tree to be removed is to be replaced at a 1: 1 ratio with native species; drywells and trench drains to be installed to address runoff; bioswale/rain garden also proposed to address runoff on east side of property. With all that, I make a motion to close this hearing. TRUSTEE SEPENOSKI : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: I make motion to approve this application with the stipulation that there is no storage of cars or boats in the wetland. That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Motion for adjournment. TRUSTEE PEEPLES : Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . R pectfully submitted by, Glenn Goldsmith, President Board of Trustees